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OPTIMALISASI PERLINDUNGAN HAK EKONOMI ISTRI PASCA PERCERAIAN MELALUI KEWENANGAN EX OFFICIO HAKIM: STUDI KASUS DI PENGADILAN AGAMA SURABAYA Ahmad Ifril Aufia Shonhaji; Bashori Alwi
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2026): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/skbv7v29

Abstract

The application of the ex officio authority of Religious Court Judges (PA) is a progressive effort to optimize the protection of wives' economic rights post-divorce, particularly nafkah iddah (maintenance during the waiting period), responding to the empirical gap where wives often fail to claim their rights. This study analyzes the implementation of ex officio authority by PA Surabaya Judges, focusing on a comparative mechanism of imposing nafkah iddah in both cerai talak (husband-filed divorce) and cerai gugat (wife-filed divorce) cases, including an analysis of case number 5221/pdt. G/2025/PA. Sby. An empirical juridical approach is used to examine the philosophical basis of Article 4 Paragraph (2) of the Judicial Power Law as an exception to the conventional ultra petitum principle. The findings indicate that in cerai talak, ex officio functions as the enforcement of the husband’s absolute obligation. Conversely, in the cerai gugat case 5221/pdt. G/2025/PA. Sby, the application of ex officio represents a form of judicial activism based on SEMA Number 3 of 2018 to grant economic rights (including nafkah iddah IDR 1,500,000.00 and mut’ah IDR 500,000.00) even though the Plaintiff did not claim them, after confirming she was not nusyuz. PA Surabaya also integrated an innovative execution mechanism through the suspension of Surabaya City Government public services. It is concluded that this practice successfully bridges the legal and empirical gaps, but the optimization of protection requires standardizing the SEMA 3/2018 jurisprudence into a PERMA to ensure stronger legal certainty.
PERLINDUNGAN HUKUM TERHADAP PERKAWINAN TIDAK TERCATAT DALAM ADMINISTRASI KARTU KELUARGA DI INDONESIA Umilia Zakiatuz Zahro Umilia; Bashori Alwi
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2026): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/q1gzr061

Abstract

Marriage registration is a crucial legal mechanism to ensure legal certainty and protection for Indonesian citizens as mandated by Law Number 1 of 1974. However, in practice, unregistered marriages remain widespread due to social and economic factors, leading to legal problems particularly for wives and children concerning rights to maintenance, inheritance, and population documents. This study aims to analyze the urgency of marriage registration and evaluate the policy of including the "Unregistered Marriage" status on the Family Card as regulated by the Minister of Home Affairs Regulation Number 108 of 2019. Using a normative juridical method with a literature review approach, this research identifies between administrative policies that facilitate the inclusion of unregistered marriage status through a Statement of Absolute Responsibility (SPTJM) on one hand, while on the other hand, such policies have not yet guaranteed substantive legal protection for women and children. Critical analysis of the normative disharmony between the administrative convenience offered by Minister of Home Affairs Regulation Number 108 of 2019 and the principle of legal certainty in the Marriage Law, as well as its impact on long-term protection for wives and children. The findings reveal that although this policy facilitates access to public services administratively, the research implications emphasize the need for more comprehensive regulatory reinforcement so that legal protection is not merely administrative in nature.
Analisi Kepastian Hukum Terhadap Putusan Nikah Beda Agama Pada Penetapan Pengadilan Negeri Pontianak Nomor 12/Pdt.P/2022/PN.Ptk Pengadilan Negeri Blora Nomor 71/Pdt.P/2017/PN.Bla Ahmad Nuril Madani; Bashori Alwi
PESHUM : Jurnal Pendidikan, Sosial dan Humaniora Vol. 5 No. 4: Juni 2026
Publisher : CV. Ulil Albab Corp

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56799/peshum.v5i4.17203

Abstract

Abstract: : Indonesia is a unitary state consisting of thousands of large and small islands, and it is made up of various ethnic groups, cultures, and religions, with the motto Bhinneka Tunggal Ika. Interaction between ethnic groups, races, and religions is the initial gateway for people to get to know each other, and from these interactions, some progress to the stage of marriage, and there are even instances of marriages taking place despite differences in religion. Over time, this is feared to potentially cause problems if referring to the norms within religions regarding certain boundaries in marriage. This led to a decision by the District Court Number 12/Pdt.P/2022/PN.Ptk., which granted a request for the registration of an interfaith marriage. The ruling certainly attracted attention in Pontianak, considering it would be carried out according to the laws of each respective religion. Even though the registration has been regulated in Article 35 Letter (a) of Law Number 23 of 2006 Law Number 24 of 2013 on Population Administration, yet the regulation regarding interfaith marriage in the Marriage Law still experiences a legal vacuum. It is hoped that this writing can provide the public with insights into the issues surrounding the implementation of interfaith marriage in Indonesia.
Domestic Violence Through Digital Platforms Muhammad Hidayat; Bashori Alwi
Anjasmoro: Islamic Interdisciplinary Journal Vol. 4 No. 1 (2026): Islamic Education
Publisher : Yayasan Pendidikan Bustanul Ulum Mojokerto

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Abstract

This study aims to analyze the role of social media in the dissemination of information related to domestic violence (DV) in the digital era and its law enforcement mechanisms. Domestic violence is a human rights violation that includes physical, psychological, sexual, and economic violence, with the majority of victims being women and children. This study uses qualitative methods with a virtual ethnography (netnography) approach to examine community interactions and responses on social media. The results show that social media plays a role as a reporting tool, a space for public participation, and an educational medium that raises public awareness and helps victims gain public support that encourages a response from law enforcement. However, its use remains restricted by the Electronic Information and Transactions (ITE) Law to prevent violations of the law. Law enforcement is carried out through the synergy of the Domestic Violence Law, the Electronic Information and Transactions Law, and the TPKS Law, although its effectiveness is still influenced by the community's digital literacy.
IMPLEMENTATION OF WORD OF MOUTH MARKETING COMMUNICATION STRATEGIES IN MICRO SMALL MEDIUM BINGGO SCREEN PRINTING PAJARAKAN PROBOLINGGO Bashori Alwi
Assets Journal: Journal of Economic and Business Vol. 1 No. 01: Economic growth based on appreciation and development
Publisher : Al-Qalam Institute, Probolinggo, East Java, Indonesia

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Abstract

The purpose of this study is to find out the procedure for implementing word of mouth marketing communication strategies in the Binggo Screen Printing Pajarakan Probolinggo business and the impact of implementing word of mouth marketing communications on business income for Binggo Screen Printing Pajarakan Probolinggo. To answer these problems, field research and descriptive qualitative approaches were used, with data collection techniques through interviews, observation, documentation and triangulation. From the results of the study it can be concluded that the application of word of mouth marketing communication strategies to micro, small and medium enterprises Binggo Screen Printing Pajarakan Probolinggo is quite good, by implementing two types of word of mouth strategies namely organic word of mouth and amplified word of mouth. The results of implementing the word of mouth communication strategy also have a good impact on revenue from Binggo Screen Printing due to the increasing number of new consumers after the implementation of word of mouth as a marketing communication strategy.
EPISTEMOLOGY OF NATURAL SCIENCES IN THE ERA OF ARTIFICIAL INTELLIGENCE: CHALLENGES AND ONTOLOGICAL TRANSFORMATIONS Nur Laila Zahrotul Maulidiyah; Bashori Alwi
PROCEEDING OF INTERNATIONAL CONFERENCE ON EDUCATION, SOCIETY AND HUMANITY Vol 3, No 1 (2025): Three International Conference on Education, Society and Humanity
Publisher : PROCEEDING OF INTERNATIONAL CONFERENCE ON EDUCATION, SOCIETY AND HUMANITY

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This study aims to analyze the epistemological and ontological transformations occurring in the natural sciences in the era of artificial intelligence (AI). The method used is a qualitative approach with a case study design, using data sources from scientific literature and recent articles. Data analysis was conducted thematically to identify key patterns related to changes in the way scientific knowledge is acquired, validated, and understood. The results show that the emergence of AI has shifted the epistemological paradigm of the natural sciences, where the process of knowledge production and validation no longer relies entirely on human observation and reasoning, but also on the ability of algorithms to process large-scale data. This condition presents new challenges in the form of the risk of algorithmic bias, reduced scientific transparency, and ethical dilemmas related to the responsibility and accountability of research results. Ontologically, AI also creates new forms of reality through digital models and simulations that are often considered to represent scientific reality. This change demands an update in how the natural sciences understand the concepts of "reality" and "scientific truth." Therefore, an adaptive epistemological and ethical framework for technology is needed so that AI can be used responsibly without eliminating the role of humans as the primary subjects of knowledge. This research emphasizes that collaboration between humans and AI must be based on the principles of transparency, interpretability, and humanity to ensure that science remains credible, inclusive, and meaningful.
THE CONCEPT OF TIME: A STUDY OF SEMANTIC ANALYSIS AZ-ZAMAN Ahmad Faqihuddin; Bashori Alwi
PROCEEDING OF INTERNATIONAL CONFERENCE ON EDUCATION, SOCIETY AND HUMANITY Vol 3, No 1 (2025): Three International Conference on Education, Society and Humanity
Publisher : PROCEEDING OF INTERNATIONAL CONFERENCE ON EDUCATION, SOCIETY AND HUMANITY

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Abstract

Understanding the meaning of the az-zaman and its derivatives has implications not only theoretically (in interpretation, semantics, and theology), but also practically in how humans respond to the times, utilize them, and maintain the relevance of moral values amidst changing times. However, in the literature on interpretation and semantics, in-depth focus on the az-zaman is still limited, especially in contemporary studies that incorporate a modern semantic approach. The method used in this research is library research. This research refers to data derived from various literature such as books, journals, theses, dissertations, and so on. The primary literature in this study is the original text of the Qur'an, classical and contemporary interpretations (Ibn Kathir, Buya Hamka, Quraish Shihab, Al-Azhar interpretation, Al-Misbah interpretation). In semantic studies, the initial step is to refer to the root word as the starting point for basic meaning. The term az‑zaman comes from the Arabic root z–m–n (ز-م-ن). This root is lexically associated with the concepts of masa, time, duration, and temporal transition. This basic meaning is reflected in classical Arabic dictionaries such as Lisan al-Arab, Taj al-‘Arus, and Qamus al-Lughah, where zaman (زمن) is defined as a span of time, masa, era, period, or elapsed time. Time in its etymological sense is something that indicates a specific moment. The Qur’an uses various terms to refer to time, such as al-waqt, al-‘ashr, al-dahr, al-ajal, al-amad, and al-abad. Each term has a different meaning and emphasis. Al-‘ashr indicates the result of feelings or events. Al-amad emphasizes limited time, while al-abad indicates a very long time without limits.
Gender Equality in Prenuptial Agreements from a Contemporary Islamic Family Law Perspective Fatimatuz Zahroni; Bashori Alwi; Adam Adesina Muhammad-Lawal
Hakamain: Journal of Sharia and Law Studies Vol. 5 No. 1 (2026): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v5i1.1705

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This study examines the role of prenuptial agreements in promoting gender equality within the framework of contemporary Islamic family law. The research aims to analyze the legal basis and practical relevance of prenuptial agreements as instruments for balancing the rights and obligations of spouses in marriage. This study employs normative legal research using statutory, conceptual, and comparative approaches. The data consist of Islamic legal sources, family law regulations, judicial decisions, and contemporary scholarly literature on gender justice and Islamic family law. The findings reveal that prenuptial agreements are not merely contractual arrangements concerning property ownership but also legal mechanisms that provide greater certainty, transparency, and protection for both spouses. Contemporary Islamic family law increasingly recognizes contractual autonomy, provided that the agreed terms do not contradict Islamic principles, public order, or morality. The study further shows that prenuptial agreements may contribute to gender equality by protecting women’s economic interests, clarifying marital responsibilities, and minimizing disputes arising from unequal bargaining positions within marriage. Their legitimacy can be justified through the principles of mutual consent, contractual freedom, ʿadl (justice), and maṣlaḥah (public benefit). The study concludes that prenuptial agreements constitute a legitimate legal instrument capable of supporting gender equality while remaining consistent with the objectives of contemporary Islamic family law. This study contributes to the literature on Islamic family law reform by offering a gender-sensitive interpretation of prenuptial agreements and highlighting their potential to strengthen equitable marital relations in contemporary Muslim societies.
Penguatan Literasi Qur’ani dan Pemahaman Furudul Ainiyah bagi Santri: Program Pendampingan di Daerah Al-Amiri Pondok Pesantren Nurul Jadid Bashori Alwi; Raditiya Anggara Putra Radit; Ahmad Ifril Aufia Shonhaji Ifril; Muhammad Luthfi Azizy Luthfi; Mohammad Iqrom Iqrom
Transformative Service Journal Vol 1 No 3 (2025): Desember
Publisher : CV Narasi Khatulistiwa Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67490/mumtaza.v1i3.292

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The Quran Reading and Writing (BTQ) and Furudul Ainiyah (Islamic Religious Affairs) Mentoring in the Al-Amiri Area of Nurul Jadid Paiton Probolinggo Islamic Boarding School is a form of community service that focuses on strengthening the basic religious abilities of students, especially those who are still in the depths of high school and below. The background to the implementation of this program departs from the reality of the gap in the ability of students to read the Quran and the understanding of fardhu 'ain sciences such as fiqh, aqidah, and morals. This mentoring is very important because reading the Quran and understanding Furudul Ainiyah is an individual obligation (fardhu 'ain) which is the main foundation in the life of a Muslim. In addition, it also provides an understanding of tafaqquh fid-din and is expected to be able to provide a solution for Islamic Boarding Schools regarding the importance of maintaining and developing students' understanding in the field of religion. This mentoring uses the Community-Based Participatory Research (CBPR) method, which is a partnership approach involving management members, religious teachers, and the researchers themselves. This is intended to ensure that activities continue even after the mentoring has concluded. From the evaluation results, it is proven that this mentoring has a positive and significant impact, especially in the development of the Qur'an and the deepening of furudul ainiyah, a culture of mutual assistance has emerged, strengthening Islamic brotherhood, and strengthening the tradition of studying yellow books and the Qur'an and being able to practice furudul ainiyah material.
Penguatan Pemahaman Fikih Ibadah Melalui Penyuluhan Berbasis Kitab Safinah An-Najah Moh.Fachri; Miftahus Salam; Bashori Alwi
Transformative Service Journal Vol 2 No 2 (2026): Agustus
Publisher : CV Narasi Khatulistiwa Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67490/mumtaza.v2i2.957

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This Community Service Program (PkM) aimed to comprehensively analyze the enhancement of the congregation's understanding of fiqh al-'ibādah (Islamic jurisprudence of worship) through counseling based on the classical Islamic text Safīnah al-Najāḥ. The program was conducted from 10 April to 10 June 2026 at Nurul Hikam Prayer Hall (Musholla), Mimbaan Village, Panji District, Situbondo Regency, involving 23 congregants as participants. The program adopted a Community-Based Participatory Research (CBPR) approach implemented through three major phases: planning, implementation, and monitoring and evaluation. The findings demonstrated that the community service program was systematically implemented through these sequential stages, ensuring active participation from the congregation and local stakeholders throughout the process. The outcomes of the program revealed four major achievements: (1) an improvement in the congregants' understanding of fiqh al-'ibādah; (2) the strengthening of religious attitudes in the practice of worship; (3) the reinforcement of a religious learning culture based on turāth (classical Islamic) texts; and (4) the effectiveness of a participatory counseling model in fostering sustainable religious learning within the community.