Perlindungan Hukum Bagi Perempuan dan Anak (Analisis Putusan Hakim Tentang Nafkah Madhiyah pada Pengadilan Agama di Sumatra Barat

The research aims to untangle the different court decision in first instance of religious courts in West Sumatra regarding past spousal support (nafkah madhiah) to former wife. Such unified decisions bring about negligence of wife's and children's right of support. This research uses the religious court archives on past spousal support as the main data. The judge decision and its reason, pattern of logic and type of protection are critically analyzed in relation to the existing regulation and law. There are a huge number of husbands who ignore and leave their wives and children without financial support. They repudiate their wives and propose the petition to court. When appearing at court to respond the petition, women usually reclaim spousal support if the petition will be granted. However, judges often respond to such women's claim differently. Judge may approve women's demand while others reject them. As a result, wives and children face the most critical situation upon court decision. It is therefore urgent to offer legal aid and protection of women and their children in a post-repudiation court decision