Salary Distribution of Civil Servants After Divorce; Comparative Study of Islamic Law and National Law

This article reviews Islamic and National Laws on the distribution of salaries of Civil Servants after divorce. Field research was conducted using a sociological approach at the Belopa Religious Court, South Sulawesi. The results found that judges at the Belopa Religious Court, deciding divorce cases for civil servants in terms of salary distribution, did not apply Government Regulation Number 10 of 1983 to Number 45 of 1990 as a rule. Under the Compilation of Islamic Law, the judge only decides where the defendant is charged with iddah , mut’ah , house, and hadhanah . Meanwhile, law enforcement and justice should socialize related to legal problems where ordinary people can understand the legal consequences in society. The public should be able to understand the legal consequences of their divorce, especially civil servantsS.


Introduction
Nowadays, it is undeniable that many Indonesian people still do not know about family law, especially family disasters such as divorce. 1 Thus, the biggest family law problem is divorce law. In fact, almost every day, Religious Courts accept divorce claims. 2 Even though Indonesia still adheres to an eastern culture supposed to sanctify the meaning of a marriage, the facts say otherwise. 3 The older the earth, the more cases of divorce and the more victims of the consequences of divorce itself, which are none other than their own children.
In Indonesia, divorce can only be carried out in Religious Courts (especially for Muslims) or District Courts (especially for non-Muslims). 4 A divorce filed in the Religious Courts will have legal consequences for both parties and their children.
In order to do divorce, there must be a sufficient reason that they cannot live in harmony as husband and wife. This is confirmed by Article 29 paragraph (2)  husband and wife filing a divorce suit in court are: a.) one of the parties commits adultery or becomes a drunkard, condensed, gambler, and so on, which is difficult to cure; b.) one of the parties leaves the other for 2 (two) consecutive years without the permission of the other party and a valid reason or for other reasons against his/her will; c.) one of the parties gets a prison sentence of 5 (five) years or a heavier sentence after the marriage takes place, d.) one of the parties commits cruelty or serious abuse that endangers the other party; e.) one of the parties has a disability or illness that causes them to be unable to carry out their obligations as husband/wife, or there are continuous disputes and quarrels between husband or wife and no hope of living in harmony again in the household.
Like a divorce in general, a civil servant's divorce must also be a sufficient reason for a husband and wife to divorce. Divorce for civil servants is more specific because there are regulations that specifically regulate marriage and divorce for civil servants, namely Government Regulation Number 10 of 1983, 6 as amended by Divorce (An Analysis of Islamic Law and Government Regulation Number 10 of 1983) explained how the legal basis for the annulment of the decision of the religious court and the suitability of the annulment of the decision with Islamic law and government regulations. 14 This is different from this undergraduate thesis, which discusses how the distribution of salaries for civil servants after divorce in a religious court cannot be seen from the analysis of Islamic law and positive law.

Methods
The type of this study was qualitative field research. The location of the research object was the Religious Court of North Belopa District, Luwu Regency.
This study employed a normative juridical approach. This approach was carried out to review and analyze the problems using principles based on research results in the field and matching them with library data through library research. This study used two data sources, namely primary data sources and secondary data sources.
Meanwhile, the researcher collected the data through reference sources (books, documentation, interviews) on data processing techniques. After obtaining the data, the researcher analyzed the data using inductive and qualitative thinking methods. husband. The obligations attached to the husband become the rights of the wife, so the burden and responsibility to meet the needs of the wife and children is a right that must be accepted so that she may sue if it is not fulfilled because the fulfillment of these obligations has implications for obedience. 16

Result and Discussion
These obligations are attached to the husband and must be fulfilled by the husband as a legal consequence of the divorce and the responsibility for maintenance in the divorce case. In the Hanafi Mazhab, the ex-husbands are obliged to provide for them (ex-wives) completely and intact both food, clothing, and housing during the iddah period. According to Mujtahiddin scholars, someone must provide for those who must be provided with a living, such as his wife, father, and young child (not yet mature). Meanwhile, according to Maliki scholars, the husband must provide accommodation for his divorced wife.

National Law
Especially for civil servants, the distribution of post-divorce income has been regulated in Government Regulation Number 10 of 1983 in conjunction with Government Regulation Number 45 of 1990 concerning marriage and divorce permits for civil servants as regulated in article 8, 17 which reads as follows: a. If the divorce occurs at the will of a male civil servant, then he is obliged to give up part of his salary to support his ex-wife and children.
b. As referred to in paragraph 1, the salary distribution is 1/3 for the male civil servant concerned, 1/3 for his ex-wife, and 1/3 for their children.
c. If there is no child from their marriage, then the part of the salary given by the male civil servant to his ex-wife is half of his salary. e. If the divorce occurs at the wife's will, then she is not entitled to a share of her exhusband's income.
f. The provisions as referred to in letter e do not apply if the wife asks for a divorce because she is married, and/or the husband commits adultery or commits cruelty or serious abuse both physically and mentally against the wife and/, or the husband becomes a drunkard, condensed, and gambler who is difficult to cure, and/or the husband has left his wife for two consecutive years without the wife's permission and a valid reason or for other reasons beyond his control.
If the ex-wife of the civil servant in question remarries, then her right to a share of her ex-husband's salary will be nullified as of the time she remarries.

The Relevance of the Fulfillment of Civil Servant Salary Distribution Rights After Divorce in the Belopa Religious Court
Seeing the influence of civil servants as role models for the community, they must set a good example for the community in their domestic life to positively impact the community itself. 18

Conclusion
Islamic law does not specifically regulate how the distribution of salaries after divorce for civil servants. Islamic law regulates how to provide iddah, mut'ah, pay off