The Fulfilment of Children's Rights Post-Divorce A Study at the legal aid Institution of the Indonesian Women's Association for justice (LBH APIK) –East Nusa Tenggara (NTT)

Abstract

Objective: One goal of marriage is to create a happy, dedicated family with children. Having children is one reason many marry. However, some marriages result in divorce. The breakup of a marriage doesn't change parents' child rights obligations. This study examines parental obligations for children's rights following divorce.   Methode: The type of research in this study is empirical research in order to analyse the implementation of the Law in society, and to examine events or situations of the objects of research in details by collecting facts and to develop relevant concepts underlying the issues.   Result: The study finds that court decisions in divorce cases generally give custody of the children to the mother. The main consideration being that children, especially young ones, are of age that still requires care from a mother. father’s inability in fulfilling these rights has implications on other areas of children's lives. In cases where mothers bear custody to the children, there is no prosecution from the mothers to the fathers regarding this condition where they are resigned to accepting the condition, especially when efforts that have been made to ask for the fathers’ obligations have not produced results.   Suggestions: First, the government, in this case the court, and LBH APIK NTT, which helps women in divorce cases, should educate parents about children's rights after divorce.  Second, mediation and legal action are needed to guarantee dads fulfill their children's rights.