Asked to support children Rp. 30 million, can Indra Bekti refuse?

Jakarta, Armfalcon.com – After the South Jakarta Religious Court granted Aldila Jelita’s divorce lawsuit against Indra Bekti, Indra Bekti had to send Rp. 30 million every month to support his two children with Aldila Jelita. Is this amount enough?

As reported CNN (17/4), the amount of Rp. 30 million transferred must also increase by 10% every year. All decisions will be enforceable for 14 days after the panel of judges reads the decision, and both of them can still appeal if they disagree with the judge’s decision.

Is Rp. 30 million enough to raise two children? And is there an obligation regarding ex-husbands to provide for children and wives when divorced? Here’s the discussion.

Livelihood after divorce according to the Compilation of Islamic Law

In an article on the Semarang Religious Court website written by Apprentice Judge Candidate Rendra Widyakso, SH, there are four categories of alimony to ex-wives after divorce, namely:

– A living madhiyahnamely past maintenance and not always connected with divorce cases.

– Beautiful living. After the verdict, the ex-wife will serve a term iddah.

– Almsgiving mut’ah, which is given to ex-wife as a reliever of grief.

– Child support, which of course falls after the divorce event.

When a husband and wife divorce, the ex-husband is obliged to provide proper mut’ah maintenance to the ex-wife, provide maintenance, maskan (place to live) and kiswa (clothing) to the ex-wife during iddah, unless the ex-wife has been sentenced to talak ba’ in (not giving the right to refer), or nusyur and in a state not pregnant.

However, in the case of Aldila and Bekti, it was Aldila who filed for divorce. Does this rule regarding subsistence still apply?

The Compilation of Islamic Law (KHI) itself only states that the right of a wife after divorcing her husband is to receive a living from her ex-husband, unless he is nusyuz (disobedient) without reason.

Nuzyus can be interpreted as an act of not wanting to carry out obligations, namely being devoted physically and mentally to her husband within the limits permitted by Islamic law.

Is IDR 30 million enough?

Regarding the maintenance of children, everything is listed in Article 149 KHI. In that article it is stated that the ex-husband is obliged to provide hadhanah costs (maintenance, care, education) for his children who have not reached the age of 21 years.

All hadhanah costs and child support are the responsibility of the father according to his ability, at least until the child is an adult and can take care of himself (21 years).

Through this provision, the size of the maintenance provided will of course refer to the ex-husband’s financial ability.

Determination of the amount of maintenance itself must be known by the Judge by looking at the amount of net cash flow (the difference between the husband’s income and expenses).

The ex-husband, of course, can keep the remaining funds for savings, and from there the amount of mut’ah income received by the wife is also calculated.

[Gambas:Video CNBC]

(aak/aak)