THE NON-EXISTING LEGAL AND SOCIAL WELFARE FOR CHILDREN AFTER PARENTS DIVORCE A Case Study in Yogyakarta Indonesia

Abstrack:

One of the motivations for divorce which shows an increasing trend in modern society is the shift from extended family into nuclear family system. A stronger demand from the women side for autonomy, fairness, rights, and reward as the result of industrialization and urbanization accounts for the divorce patterns (Karim, 2004: 140). The Marriage Act No: I/1974 is the principal regulation for all matters pertinent to divorce. Article 41 stipulates that both father and mother are responsible for raising and educating their children, solely for the sake of their children. It further regulates that father is responsible for covering all costs of rising and educating the children; however, he may be relieved from his responsibility if he lacks competency that prevents him from carrying out his responsibility.

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