The Current Situation in Banda Aceh

Oct 13, 2025 by wbrum.org 48 views

The Rights of Widows from Civil Servants after Divorce: A Study on the Dilemma between Regulations and Reality in Banda Aceh

Introduction

The rights of widows from civil servants after divorce are a crucial issue that has been debated for years in Indonesia. Government Regulation Number 10 of 1983 concerning Marriage and Divorce Permit for Civil Servants (PNS) mandates that if divorce occurs over the will of male civil servants, then he must surrender some of his salary to support his ex-wife and children. However, the realization of this regulation in the field, especially in Banda Aceh, is still a concern. This article aims to discuss the dilemma between regulations and reality in the implementation of widow rights from civil servants in Banda Aceh.

The Current Situation in Banda Aceh

Juridical-normative and juridical-empirical research conducted in the jurisdiction of the Banda Aceh Syar'iyah Court shows that the widow's right from civil servants after divorce is rarely decided by the Syar'iyah Court. The Syar'iyah Court assumed that it was an internal problem and discipline of civil servants, not their domain of authority. This assumption is a major obstacle in the implementation of widow rights from civil servants in Banda Aceh.

Factors that Cause Widows to Not Get Their Rights

Several factors contribute to the widows not getting their rights to some of the salaries of their ex-husband. These factors include:

There is no demand from the wife: Many wives choose not to demand their rights for some of the salaries of the ex-husband for various reasons, such as shame, fear of prolonged conflict, or feel inappropriate.
Not decided by the Syar'iyah Court: As explained, the Syar'iyah Court was reluctant to decide the rights of widows for some of the salaries of the ex-husband because they were considered not their domain.
There is no sanction: Lack of strict sanctions on civil servants who do not give part of their salary to ex-wife making the rules difficult to uphold.
The absence of good faith from the husband: Some divorced male civil servants do not have good faith to give some of their salaries to their ex-wife, even though they are required by regulations.

The Role of the Banda Aceh Community

The legal feelings of the Banda Aceh community, the majority of Muslims, are other factors that hamper the application of widow rights from civil servants. The view that this problem is a family internal affair and does not need to be intervened by religious law makes these rules difficult to accept and apply.

The Importance of Legal Awareness

The results of this study highlighted the importance of legal awareness both from widows, civil servants, and legal institutions. The Banda Aceh Syar'iyah Court needs to consider the applicable rules and provide a fair decision for both parties. Legal enforcers and practitioners must actively provide counseling about the rights of widows from civil servants, so that their rights can be recognized and fulfilled. The government needs to review the provisions of Article 8 of Government Regulation Number 10 of 1983 to be more comprehensive and can be implemented effectively.

Conclusion

The implementation of widow rights from civil servants in Banda Aceh requires collaborative efforts from various parties to bridge the gap between regulations and reality. Increasing legal awareness and encouraging more progressive changes in regulations is a solution that must be done to ensure justice for the widows of civil servants in Banda Aceh.

Recommendations

Based on the findings of this study, the following recommendations are made:

The Banda Aceh Syar'iyah Court needs to consider the applicable rules and provide a fair decision for both parties.
Legal enforcers and practitioners must actively provide counseling about the rights of widows from civil servants, so that their rights can be recognized and fulfilled.
The government needs to review the provisions of Article 8 of Government Regulation Number 10 of 1983 to be more comprehensive and can be implemented effectively.

Future Research Directions

This study highlights the importance of legal awareness and the need for more progressive changes in regulations to ensure justice for the widows of civil servants in Banda Aceh. Future research directions include:

Conducting a study on the impact of legal awareness on the implementation of widow rights from civil servants.
Analyzing the effectiveness of the provisions of Article 8 of Government Regulation Number 10 of 1983 in ensuring justice for the widows of civil servants.
Examining the role of the Banda Aceh community in the implementation of widow rights from civil servants.

Limitations of the Study

This study has several limitations, including:

The study was conducted in the jurisdiction of the Banda Aceh Syar'iyah Court, which may not be representative of the entire province of Aceh.
The study only focused on the widow rights from civil servants and did not consider other factors that may affect the implementation of these rights.
The study relied on secondary data and did not conduct primary data collection.

Conclusion

In conclusion, the implementation of widow rights from civil servants in Banda Aceh requires collaborative efforts from various parties to bridge the gap between regulations and reality. Increasing legal awareness and encouraging more progressive changes in regulations is a solution that must be done to ensure justice for the widows of civil servants in Banda Aceh.
Frequently Asked Questions (FAQs) about Widow Rights from Civil Servants in Banda Aceh

Q: What is the current situation of widow rights from civil servants in Banda Aceh?

A: The widow's right from civil servants after divorce is rarely decided by the Syar'iyah Court in Banda Aceh. The Syar'iyah Court assumed that it was an internal problem and discipline of civil servants, not their domain of authority.

Q: What are the factors that cause widows to not get their rights?

A: Several factors contribute to the widows not getting their rights to some of the salaries of their ex-husband. These factors include:

There is no demand from the wife: Many wives choose not to demand their rights for some of the salaries of the ex-husband for various reasons, such as shame, fear of prolonged conflict, or feel inappropriate.
Not decided by the Syar'iyah Court: As explained, the Syar'iyah Court was reluctant to decide the rights of widows for some of the salaries of the ex-husband because they were considered not their domain.
There is no sanction: Lack of strict sanctions on civil servants who do not give part of their salary to ex-wife making the rules difficult to uphold.
The absence of good faith from the husband: Some divorced male civil servants do not have good faith to give some of their salaries to their ex-wife, even though they are required by regulations.

Q: What is the role of the Banda Aceh community in the implementation of widow rights from civil servants?

A: The legal feelings of the Banda Aceh community, the majority of Muslims, are other factors that hamper the application of widow rights from civil servants. The view that this problem is a family internal affair and does not need to be intervened by religious law makes these rules difficult to accept and apply.

Q: What is the importance of legal awareness in the implementation of widow rights from civil servants?

A: The results of this study highlighted the importance of legal awareness both from widows, civil servants, and legal institutions. The Banda Aceh Syar'iyah Court needs to consider the applicable rules and provide a fair decision for both parties. Legal enforcers and practitioners must actively provide counseling about the rights of widows from civil servants, so that their rights can be recognized and fulfilled. The government needs to review the provisions of Article 8 of Government Regulation Number 10 of 1983 to be more comprehensive and can be implemented effectively.

Q: What are the recommendations for the implementation of widow rights from civil servants in Banda Aceh?

A: Based on the findings of this study, the following recommendations are made:

The Banda Aceh Syar'iyah Court needs to consider the applicable rules and provide a fair decision for both parties.
Legal enforcers and practitioners must actively provide counseling about the rights of widows from civil servants, so that their rights can be recognized and fulfilled.
The government needs to review the provisions of Article 8 of Government Regulation Number 10 of 1983 to be more comprehensive and can be implemented effectively.

Q: What are the future research directions for the implementation of widow rights from civil servants in Banda Aceh?

A: This study highlights the importance of legal awareness and the need for more progressive changes in regulations to ensure justice for the widows of civil servants in Banda Aceh. Future research directions include:

Conducting a study on the impact of legal awareness on the implementation of widow rights from civil servants.
Analyzing the effectiveness of the provisions of Article 8 of Government Regulation Number 10 of 1983 in ensuring justice for the widows of civil servants.
Examining the role of the Banda Aceh community in the implementation of widow rights from civil servants.

Q: What are the limitations of this study?

A: This study has several limitations, including:

The study was conducted in the jurisdiction of the Banda Aceh Syar'iyah Court, which may not be representative of the entire province of Aceh.
The study only focused on the widow rights from civil servants and did not consider other factors that may affect the implementation of these rights.
The study relied on secondary data and did not conduct primary data collection.

Conclusion