Gender Stigma and Legal Effectiveness: Obstacles for Single Parents in Executing Post-Divorce Support Rights

• Fitria Agustin

  Universitas Serang Raya

  Author

Post-divorce, the fulfillment of the right to maintenance for single women and their children often reaches a dead end, even though it has been established through a court decision. This study aims to analyze how gender stigma in society and structural barriers in the legal system affect the effectiveness of the execution of post-divorce maintenance rights. Using socio-legal research methods with Lawrence Friedman's legal effectiveness approach, data were collected through a study of legal decision documents and in-depth interviews with single women. The results indicate a double burden faced by women. Culturally, the negative societal stigma against widowhood, perceived as "materialistic" or "insincere," triggers psychological pressure that discourages them from pursuing their legal rights. Structurally, the mechanism for executing decisions in Religious Courts is considered ineffective due to complicated procedures, high execution costs, and the absence of an asset tracking system or automatic wage attachment for defaulting ex-husbands. This study concludes that the law will not be effective as long as the legal culture remains discriminatory and the legal structure does not provide a coercive solution. Legal reform is needed in the form of regulations regarding automatic income deductions by the state to ensure the welfare of women and children post-divorce.

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