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All Journal Intizar JURNAL KEPEMIMPINAN DAN PENGURUSAN SEKOLAH Palapa: Jurnal Study Keislaman dan Ilmu Pendidikan REiD (Research and Evaluation in Education) JURNAL PENGABDIAN KEPADA MASYARAKAT Indonesian Journal of Criminal Law Jurnal Ilmiah Ar-Risalah: Media Ke-Islaman, Pendidikan, dan Hukum Islam Alauddin Law Development Journal (ALDEV) Jurnal Ilmiah Ahwal Syakhshiyyah (JAS) Ishlah: Jurnal Ilmu Ushuluddin, Adab dan Dakwah Mamba'ul 'Ulum USRAH: Jurnal Hukum Keluarga Islam Analisa: Journal of Social Science and Religion AL HUKMU: Journal of Islamic Law and Economics Innovative: Journal Of Social Science Research Tasyri' Jurnal Indonesia Mengabdi (JIM) Journal of Law and Legal Reform Jurnal Ilmiah Ar-Risalah: Media Ke-Islaman, Pendidikan dan Hukum Islam
Wibowo, Muhammad Kurniawan Budi
Institut Islam Mamba'ul 'Ulum Surakarta
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PENGARUH PERKAWINAN DI BAWAH UMUR TERHADAP TINGKAT PERCERAIAN DI PENGADILAN AGAMA SURAKARTA TAHUN 2023 Afifatimah, A; Wibowo, Muhammad Kurniawan Budi; Baehaqi, B
AL HUKMU: Journal of Islamic Law and Economics Vol. 02, No. 2 Agustus 2023
Publisher : Institut Islam Mamba'ul 'Ulum Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54090/hukmu.276

Abstract

This research is motivated by the increasing number of divorces in the city of Surakarta and the increasing number of applications for marriage dispensations. Because of that, research was carried out whether there was a correlation between the two. This study aims to determine the effect of the practice of underage marriages on the divorce rate in the Surakarta Religious Court and to find out what are the factors that influence underage marriages to divorce in the city of Surakarta in 2023. This study uses a quantitative approach, with observation techniques at the Surakarta Religious Court, distributing questionnaires to perpetrators of underage marriages, and documentation. The data collection technique used in this study was a descriptive analysis technique that was processed using the SPSS 22 program. The results showed that the correlation value / level of relationship between variables (R) was 0.713 and a coefficient of determination (R Square) was 0.508 which means that there is an influence of the independent variable (underage marriage) on the dependent variable (divorce rate). Based on the results of testing the underage marriage hypothesis, the value of Sig. (0.000) < 0.05, then H0 is rejected and H1 is accepted, namely variable X (underage marriage) affects variable Y (divorce rate). that the factors influencing underage marriage actors in Surakarta to file for divorce in 2023 are economic, psychological, moral crisis, parental involvement in making decisions, domestic violence, selfishness, and third person
PANDANGAN FIQIH MUNAKAHAT TERHADAP PERKAWINAN ADAT SUKU SASAK LOMBOK TIMUR Said, Purwadi; Wibowo, Muhammad Kurniawan Budi; Baehaqi, B
AL HUKMU: Journal of Islamic Law and Economics Vol. 02, No. 1 Maret 2023
Publisher : Institut Islam Mamba'ul 'Ulum Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54090/hukmu.279

Abstract

The purpose of this study is to explain the views of the Munakahat Fik people on Sasak traditional marriages in the area of the Department of Religion, Pringabya District, East Lombok. It then describes the traditions of the Meralik tribe of the Sasak tribe of East Lombok. In this case, the subject of the survey is the Sasak people of East Lombok Island, and the subject of the survey is their view of Islam using a qualitative method. As a result of the study, the authors concluded that the Meralik tradition of the Sasak people of Lombok in the Pringabaya district of the East Lombok Religious Affairs Authority (KUA) consists of several stages. (1) Middle. (Visits her future wife in front of the house) Here there is an agreement between the two parties to kidnap her wife or have her husband take her away. (2) The man must kidnap (run away) the bride. (3) The man must report the elopement to the chief of the village where the bride lives, the so-called Serval. (4) Payment of deposit and dowry money. (5) Conducting weddings in Islamic style. (6) A type of marriage payment common among the Sasak people of Lombok is called Sorong Sera. (7) Nyongkolan, a women's accompaniment to her family and strolling through the village to traditional Lombok music. The correct practice of melalik is very legal in terms of legality since in melalik the conditions and pillars are fulfilled according to Islamic law. Apart from what is not justified, namely the process of marriage proposal, the process of marriage proposal in the melalik tradition in Islam is very different and this tradition can be harmful.
EFEKTIVITAS DISPENSASI PERKAWINAN DI BAWAH UMUR UNTUK KEHARMONISAN RUMAH TANGGA DI WILAYAH KANTOR URUSAN AGAMA (KUA) KECAMATAN NOGOSARI KABUPATEN BOYOLALI Sanduri, S; Wibowo, Muhammad Kurniawan Budi; Baehaqi, B
AL HUKMU: Journal of Islamic Law and Economics Vol. 03, No. 1 Maret 2024
Publisher : Institut Islam Mamba'ul 'Ulum Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54090/hukmu.291

Abstract

Marriage dispensation is an effort for those who want to get married but have not met the age limit set by the government. Underage marriages cause various kinds of problems, according to the Marriage Law No. . The focus of the issues discussed are: 1) How is the marriage dispensation process. 2) How is the effectiveness of underage marriage dispensation for household harmony in Nogosari District? This study aims to determine the effectiveness of dispensing underage marriages for household harmony, what are the strategies used by early marriage couples in creating a harmonious family. This research is called field research, in this study taking primary data from the field which was studied intensively accompanied by an analysis of all data or information that has been found, the results of the research show that the effectiveness of underage marriage dispensation for household harmony is lacking effective because of the 30 informants interviewed by the researchers 80% of them experienced a lack of harmony in the household, this occurred due to several factors including: 1) Psychologically and socio-economically the marriage partners were immature. 2) They are classified as still unstable. 3) Don't have much knowledge about how to care for children, so they can't apply proper parenting patterns.
PERLINDUNGAN HAK WARIS ANAK HASIL PERKAWINAN SIRI MENURUT KOMPILASI HUKUM ISLAM DAN HUKUM POSITIF INDONESIA Alfaiza, Zahroul Firdausi; Wibowo, Muhammad Kurniawan Budi; Baehaqi, B
AL HUKMU: Journal of Islamic Law and Economics Vol. 03, No. 1 Maret 2024
Publisher : Institut Islam Mamba'ul 'Ulum Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54090/hukmu.312

Abstract

The main problem in siri marriages in general is related to the rights of a wife who cannot claim a share of property from her husband and the rights of a child who is born becomes obstructed and is not entitled to inherit property from the father, because he has a weak position in the eyes of the law. This research was conducted with the aim of knowing the legal protection and inheritance rights for children of siri marriages. This study uses a literature/library research method with a normative juridical approach and a normative theological approach. Data collection was carried out using the library method, namely the method of searching, collecting and analyzing data sources which were processed and displayed in the form of library research. The results of the study show that children of siri marriages have the same position as legitimate children in the eyes of Islamic law and Indonesian law. But there are two different things, namely the issue of identity and inheritance. Islamic law places the status of children from siri marriages on a par with legitimate children even though they are not legalized. Meanwhile, in the view of Indonesian law, children from siri marriages can have the same status and share of inheritance as legitimate children, provided that the child has been legalized through the marriage certificate of his parents. In both of these legal views, an existing marriage must obtain a marriage certificate from the Marriage Registration Officer (PPN), so that without registration in the child's identity, the child is considered a child out of wedlock.
IMPLEMENTASI HUKUM ISLAM TERHADAP PEMBAGIAN HARTA WARIS ANAK LUAR NIKAH (STUDI ANALISIS PUTUSAN MK NO.46/PUU-VIII/2010) Laila, Maya; Wibowo, Muhammad Kurniawan Budi; Baehaqi, B
AL HUKMU: Journal of Islamic Law and Economics Vol. 03, No. 1 Maret 2024
Publisher : Institut Islam Mamba'ul 'Ulum Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54090/hukmu.314

Abstract

The status of a child is closely related to whether or not a marriage is valid. As a result of a valid marriage, it will ensure that the status of the child is clear. Conversely, the result of an invalid marriage or not being registered at the KUA, will have implications for the unclear status of the child in a formal legal manner so that the child is considered an extramarital child. The issue was outlined in Constitutional Court Decision No.46/PUU-VIII/2010. However, the decision has generated a lot of controversy. Many people argue that the decision is the same as legalizing adultery in Indonesia, even contrary to Islamic law. Therefore, the purpose of this paper is to examine the issue of the implications of Constitutional Court Decision No.46/PUU-VIII/2010 on extramarital children. This research uses literature and normative law research methods. The research design uses an analytical study of Islamic law and Constitutional Court Decision No.46/PUU-VIII/2010. Data collection techniques are obtained from researching several books and intellectual works of scientists and/or scholars that are relevant and can be used as literature. Data analysis used descriptive qualitative, content analysis, and triangulation techniques. The results of this study state that the Constitutional Court's decision does not actually have legal implications for all children out of wedlock. Furthermore, this decision only has implications for children from siri marriage, but not children from adultery. Because it has been explained in the decision that to recognize a child out of wedlock, the father must be able to prove that he is really the biological father not only through science and technology, but also with other tools that can corroborate, for example, such as the marriage certificate of the father and mother which proves that they are really husband and wife who have entered into a legal marriage even though it is only limited to religion.
PERAN KEPALA KANTOR URUSAN AGAMA KECAMATAN TASIKMADU KABUPATEN KARANGANYAR DALAM MENANGGULANGI PERKAWINAN DIBAWAH UMUR Abubakar, Kirana; Wibowo, Muhammad Kurniawan Budi; Baehaqi, B
AL HUKMU: Journal of Islamic Law and Economics Vol. 03, No. 1 Maret 2024
Publisher : Institut Islam Mamba'ul 'Ulum Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54090/hukmu.315

Abstract

The main problem in this study is related to underage marriage that occurs in the Tasikmadu sub-district, along with how to overcome it carried out by the Head of KUA in minimizing underage marriage. This study aims to determine (1) the condition of underage marriage in Tasikmadu District, Karanganyar Regency, (2) The Role of the Head of the Office of Religious Affairs in preventing underage marriage. This research uses qualitative methods. Qualitative research is a continuous research process so that the data collection and data analysis stages are carried out simultaneously during the research process. Data collection was carried out by interview method to the Head of KUA Tasikmadu. The location of the research was carried out at the Office of Religious Affairs in Tasikmadu District, Karanganyar Regency. The results of research conducted at the Office of Religious Affairs of Tasikmadu District, Karanganyar Regency are factors that cause underage marriage to occur, there are also reasons that cause underage marriage that often occurs in the community of Tasikmadu District, Karanganyar Regency are economic factors, factors that have loved each other, parental factors and the most important factor is pregnancy out of wedlock. The role of the Office of Religious Affairs in tackling underage marriage has been carried out in accordance with the procedure, namely by conducting socialization to the community through routine studies related to marriage, besides that the KUA also conducts socialization through premarital guidance for teenagers how to build a good household. Implementation of the marriage law regarding the age limit for marriage and in cooperation with youth leaders and village officials or other agencies.
PENAFSIRAN PEMBERIAN DISPENSASI PERKAWINAN DI BAWAH UMUR DI PENGADILAN AGAMA KABUPATEN SUKOHARJO TAHUN 2019 - 2021 Munawir, M; Wibowo, Muhammad Kurniawan Budi; Baehaqi, B
AL HUKMU: Journal of Islamic Law and Economics Vol. 03, No. 1 Maret 2024
Publisher : Institut Islam Mamba'ul 'Ulum Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54090/hukmu.318

Abstract

Interpretation is a method of legal interpretation that provides an easy-to-understand explanation of the text of the law so that the scope of the rule can be determined in relation to certain events. Judge's  interpretation or interpretation is one of the processes that must be taken by the court in order to obtain certainty regarding the meaning of statutory law. Marriage dispensation is an exception to the rule or law that is given to applicants to get married but are not old enough in accordance with the terms and conditions of the applicable law. The author in this study used a qualitative descriptive method, the data collection method is original data from the Religious Courts of  Sukoharjo Regency, both about annual reports and direct interviews from existing judges in dealing with the problem of interpreting the dispensation of underage marriages. The data was then analyzed descriptively qualitatively, namely to describe what was happening at that time. To test the validity of the data is done through Editing and Classifying. The results of the study show that the interpretation of the granting of underage marriage dispensation in Sukoharjo Regency in 2019-2021 is carried out by submitting a marriage dispensation application stating that the marriage must still be carried out due to an urgent and emergency situation that must be married or handled immediately. The factors that led to the interpretation of the granting of dispensation for underage marriages, namely pregnancy out of wedlock, parental factors, educational factors, economic factors and of course the Covid 19 factor in 2020 which stopped all forms of human activity or what are known to be restrictions within the scope all sectors of human life.
Dinamika Penyelesaian Permasalahan Wali Adhal: Studi Kasus Peran Kepala Kantor Urusan Agama di Kabupaten Sukoharjo Wahyono, Tri; Wibowo, Muhammad Kurniawan Budi; Baehaqi, Baehaqi
Tasyri' : Journal of Islamic Law Vol. 2 No. 2 (2023): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v2i2.84

Abstract

Marriages with adhal guardians still often occur in society, even though for prospective brides marriage guardians are a requirement for a valid marriage. However, in reality, in society there are still frequent marriage guardians who refuse or are reluctant to marry off their daughters for various reasons that are not acceptable according to Islamic law and the applicable laws and regulations. This research is a qualitative descriptive study aimed at getting an overview of the problems regarding marriage to an adhal guardian and the role of the KUA in resolving marriages with an adhal guardian in the Sukoharjo Regency area. Data collection techniques in this study used direct surveys, interviews and documentation studies. The data analysis technique used in this study uses interactive descriptive analysis. The results of this study drew the conclusion that the problem of the adhal guardian occurred at the KUA in the Sukoharjo Regency where from the incident of the adhal guardian's marriage where the bride-to-be who did not get the blessing or marriage guardian refused to become a marriage guardian for various reasons that were not legally acceptable,   the steps taken taken by the prospective bride and groom is by submitting a guardian judge to the Sukoharjo District Religious Court, so that the local KUA has the right to carry out the marriage and become the guardian judge for the prospective bride and groom in each sub-district. The role of the Head of KUA in the Sukoharjo Regency area in solving the problem of wali adhal basically is that the Office of Religious Affairs (KUA) only has the authority to carry out tasks according to what is stated in the Regulation of the Minister of Religion (PMA), where the Office of Religious Affairs (KUA) only plays a role in bridging the community in solving a problem including in overcoming the problem of marriage with the guardian adhal
Efektifitas Penerapan Undang-Undang Nomor 16 Tahun 2019 Tentang Perkawinan di Kantor Urusan Agama Kecamatan Bendosari Kabupaten Sukoharjo Supriyanto, Supriyanto; Budi Wibowo, Muhammad Kurniawan; Baehaqi, Baehaqi
Tasyri' : Journal of Islamic Law Vol. 3 No. 1 (2024): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v3i1.105

Abstract

Marriage is a way for creatures to preserve life, after each partner is ready to play a positive role in realizing the goal of marriage. Phenomena related to the age limit for marriage in Indonesia are still an interesting matter to study, bearing in mind that legal regulations regarding marriage (Law No. 1 of 1974 which was renewed by Law No. 16 of 2019) are still not effective in preventing marriage under age (early marriage). This study aims to analyze the effectiveness of applying Law Number 16 of 2019 in controlling underage marriages and the factors that influence the effectiveness of implementing Law Number 16 of 2019 in controlling underage marriages.This research is a qualitative descriptive research aimed at getting an overview of the effectiveness and factors that influence the effectiveness of the application of Law Number 16 of 2019 in controlling underage marriages. Data collection techniques in this study used direct surveys, interviews and documentation studies. The data analysis technique used in this study uses interactive descriptive analysis.The results of this study draw the conclusion that the application of Law Number 16 of 2019 concerning Marriage has been effective in controlling early marriage in the KUA area of Bendosari Sukoharjo Sub-District which has been proven to be able to reduce the incidence of early marriage which was originally an average of 11 events per year to an average of 5 incidents per year, and the effectiveness of the application of Law Number 16 of 2019 Concerning Marriage in controlling early marriage in the KUA area of Bendosari Sukoharjo District is influenced by several factors such as the legal factor of the law itself, the factor of law enforcement agencies or the parties involved, the facility factor (facilities and infrastructure supporting law enforcement), cultural factors and community factors
Proses Pembagian Warisan Perspektif Hukum Islam Dan Kompilasi Hukum Islam Rizky Robby Handoko Putro; Muhammad Kurniawan Budi Wibowo
Intizar Vol 30 No 2 (2024): Intizar
Publisher : Pusat Penelitian dan Penerbitan Lembaga Penelitian dan Pengabdian kepada Masyarakat Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/intizar.v30i2.24886

Abstract

Penelitian ini bertujuan untuk menganalisis proses pembagian harta waris perspektif hukum Islam dan Kompilasi Hukum Islam (KHI) di Indonesia. Penelitian ini menggunakan metode kausal komparatif dengan pendekatan kuantitatif. Data primer diperoleh melalui survei, wawancara mendalam, dan observasi, sedangkan data sekunder berasal dari literatur hukum Islam, KHI, serta studi sebelumnya terkait praktik kewarisan. Hasil penelitian menunjukkan bahwa pembagian warisan dilakukan sama rata berdasarkan musyawarah keluarga. Praktik ini, meskipun bertentangan dengan prinsip Islam yang menetapkan pembagian berbeda antara ahli waris laki-laki dan perempuan, tetap diterima oleh masyarakat lokal sebagai bentuk kompromi. KHI, khususnya Pasal 183, memberikan ruang untuk pembagian harta warisan melalui musyawarah, selama disepakati oleh semua pihak tanpa adanya unsur paksaan atau ketidakadilan. Kesimpulannya, praktik pembagian warisan di wilayah ini mencerminkan upaya integrasi antara hukum Islam dan kearifan lokal. Pendekatan musyawarah tidak hanya menjaga keharmonisan keluarga tetapi juga memastikan pelaksanaan hukum yang relevan dengan konteks budaya masyarakat setempat.
Co-Authors Abdulah, Nur Aina Abdullah, Hazim Rahmat Abubakar, Kirana Adiriki, Danu Aditya Fajri Kurnia Pradana Afifatimah, A Alfaiza, Zahroul Firdausi Arkan, Miftahul Astrie Octasari Baehaqi Baehaqi Baehaqi, B Barr, Muhammad Abdel Burhanudin, M. Choiri, M. Qowi Indal Eri Wijaya Fajri, Aditya Farkhani, Farkhani Firdos, Firdos Hafshoh, H Hanum, Willy Naresta Hasan Baihaqi Husna, Lutfia Miftakhul Ida Ayu Putu Sri Widnyani Julia, J Kurnia Hidayat Laila, Maya Luqmanul Hakim Luthfia Miftakhul Husna Meti Fatimah Muhammad Muchlis Hidayat Muhammad Zidan Yusuf Mukhlis Fathurrohman Munawir, M Muslimin, Edy Ngatmin Nurhaida, Heni Satar Octasari, Astrie Rahma Diyas Putri Hamidah Rian Saputra Rizky Robby Handoko Putro Sahid, Arifin Umar Said, Purwadi Sanduri, S Satrio Wibowo Subando, Joko - Supriyanto Supriyanto Tri Wahyono, Tri Triasari, Devi Ulum, Masrofi Bahrul Umi Musalimah Wahid Firmansyah Yusuf, Muhammad Zidan Zaid, M