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Analysis of Delays in Inheritance Distribution from the Perspective of Islamic Law and Customary Law in Jebres Village, Surakarta: Analisis Penundaan Pembagian Warisan Perspektif Hukum Islam dan Hukum Adat Di Kelurahan Jebres Surakarta Husna, Lutfia Miftakhul; Wibowo, Muhammad Kurniawan Budi; Pradana, Aditya Fajri Kurnia
JAS : Jurnal Ahwal Syakhshiyyah Vol 6 No 2 (2024): Jurnal Ilmiah Ahwal Syakhshiyyah (JAS)
Publisher : Fakultas Agama Islam UNISMA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/jas.v6i2.22585

Abstract

Inheritance is the transfer of rights to the heir's property to the heirs and is a natural process that occurs when someone dies. In practice, there are people who delay the distribution of inheritance for various reasons. This study aims to analyze the delay in the distribution of inheritance in the perspective of Islamic law and customary law in Jebres Village, Surakarta. This is considered important because although there is no text that explicitly prohibits delaying the distribution of inheritance, it may conflict with other texts. However, there are opinions that allow delays in the distribution of inheritance from the perspective of maqosyidus shari'ah, namely the existence of benefits. Traditionally, delays usually occur due to waiting for the heirs to gather or deliberately delayed and not distributed because it is believed that the strength and integrity of the household will be maintained even though the inheritance is not distributed. The research method used is qualitative, the data used is collected through interviews with families who make delays, reinforced by documentation from the parties involved and literature studies to add to the study in the research process. The results showed that the delay in the distribution of inheritance that occurred in Jebres Village was due to several factors, namely the mixing of husband and wife's assets so that it was difficult to separate, the presence of living parents, high selling prices and the main factor of lack of understanding of faraid science.
ANALISIS YURIDIS TERHADAP PEMENUHAN HAK ISTRI DAN ANAK PASCA PERCERAIAN: STUDI PUTUSAN PENGADILAN AGAMA SUKOHARJO NOMOR 573/PDT.G/2024/PA.SKH Arkan, Miftahul; Muhammad Kurniawan Budi Wibowo; Aditya Fajri Kurnia Pradana
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 3 (2025): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i3.2187

Abstract

Divorce not only ends the marriage bond, but also has significant legal consequences, especially regarding the fulfilment of the rights of women and children. Problems that often arise include the provision of maintenance, housing, mut'ah, and child custody (hadhanah) after divorce. This study aims to analyse the fulfilment of the rights of wives and children based on Sukoharjo Religious Court Decision Number 573/Pdt.G/2024/PA.Skh, by reviewing the extent to which the considerations and rulings of the decision are in line with Islamic law and Indonesian positive law. This research uses a normative juridical method with a case study approach. Data were obtained through reviewing the decision documents and analysed using the theory of distributive justice and maqashid sharia. The results showed that there was still a discrepancy between what the judge decided and its implementation in the field, especially in terms of providing maintenance and executing children's rights. In addition, it was found that the legal considerations in the decision did not fully reflect the principle of protection of vulnerable parties as mandated in maqashid sharia. Therefore, this study recommends the need for reformulation of the judges' consideration approach in divorce cases as well as strengthening the implementing regulations to ensure the effectiveness of post-divorce rights fulfilment.
SINERGITAS BAWASLU DENGAN MAHASISWA DALAM MEMBERIKAN PEMAHAMAN POLITIK DI KELURAHAN SERENGAN: SINERGITAS BAWASLU DENGAN MAHASISWA DALAM MEMBERIKAN PEMAHAMAN POLITIK DI KELURAHAN SERENGAN Muhammad Kurniawan Budi Wibowo; Aditya Fajri Kurnia Pradana; Umi Musalimah; Luthfia Miftakhul Husna; Rahma Diyas Putri Hamidah; Kurnia Hidayat
JURNAL PENGABDIAN KEPADA MASYARAKAT Vol 14 No 1 (2024): Juli 2024
Publisher : LPPM UNINUS

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30999/jpkm.v14i1.3030

Abstract

This study examines the synergy of the election supervisory agency (Bawaslu) with students in providing political understanding in Serengan Village. Methods of community service activities (PKM) There are 3 main stages: (1) planning, including Focus Group Discussion (FGD) socialization of clean political activities, preparation of clean political campaign tools and equipment, (2) Implementation, including seminars with the theme of building democracy and maintaining nationality, installation of clean political MMT, (3) Monitoring and evaluation of programs, including Monitoring and evaluation of the success of Seminar programs and the implementation of election monitoring. Partners in the activity are 15 heads of RW and 18 active institutions in Serengan Village. The results showed that the synergy between Bawaslu and students can strengthen efforts to provide political understanding to the community. Through this collaboration, students can act as agents of change that help spread information about the importance of political participation and understanding rights and obligations in the democratic process. Bawaslu provides technical support and access to students to organize counselling events and political campaigns at the kelurahan level. With this synergy, a conducive environment is created to increase the political awareness of the community in Serengan Village. This research provides an important contribution to understanding the active role of students and election supervisory institutions in building a more participatory and Democratic political culture at the local level.
Interfaith Marriage in Contemporary Islamic Family Law: Analysis of 2005 Indonesian Ulama Council (MUI) Fatwa Number 4 about Interfaith Marriage based on the Theory of Al-Maslahah Al-Mursalah Burhanudin, M.; Budi Wibowo, Muhammad Kurniawan; Pradana, Aditya Fajri Kurnia
Tasyri' : Journal of Islamic Law Vol. 4 No. 2 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i2.262

Abstract

Purpose – This study aims to investigate the Fatwa of the 2005 Indonesian Ulama Council (MUI) Number 4 on interfaith marriage, which is based on al-Maslahah al-Mursalah theory, and determine its relevance and contribution to community well-being. This study will investigate how the Indonesian Ulama Council (MUI) sees interfaith marriage and how this fatwa can help achieve benefits while avoiding harm in national life. Methods – This study employs library research methods with a normative approach, with literature data serving as the primary source. In this case, the study focuses on the Indonesian Ulama Council (MUI) Fatwa No. 4 of 2005 on Interfaith Marriages, which is based on the al-Maslahah al-Mursalah theory. Findings – The findings of this study indicate that MUI strictly prohibits interfaith marriage because can destroying faith, social cohesion and family harmony. Several scholar such as Hamka, Quraish Shihab and Musdah Mulia have diverse opinions about interfaith marriages, reflects wider debates regarding modernity in the context of Islamic Law. This research confirms the relevance of fatwas in dealing with contemporary issues while maintaining religious principles and societal dynamics. Research limitation – This research is limited to a normative study regarding the MUI fatwa on interfaith marriage and the role of this fatwa in maintaining public welfare. Given these limitations, future research is expected to expand on the findings of this study by employing an empirical approach that integrates other sciences.
Analisis Putusan Hakim Tentang Izin Poligami dengan Dalih Post-Partum Depression dan Anxiety Disorder (Studi Putusan No. 366/Pdt.G/2023/PA.Ska) Ruslan Arifin; Muhammad Kurniawa Budi Wibowo; Aditya Fajri Kurnia Pradana
Jurnal Darussalam: Jurnal Pendidikan, Komunikasi dan Pemikiran Hukum Islam Vol. 16 No. 1 (2024): September 2024
Publisher : IAI Darussalam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30739/darussalam.v16i1.3218

Abstract

A license to practice polygamy was granted by the Surakarta Religious Court in case number 366/Pdt.G/2023/PA.Ska. The respondent's postpartum depression and anxiety disorders were the cause of this decision. Nevertheless, these requirements are not fully explained by the laws regulating polygamy, such as Article 57 KHI and Article 4 paragraph (2) of the Marriage Law. The author of this paper examines the legal factors that judges at the Surakarta Religious Court took into account while making their decision in case number 366/Pdt.G/2023/PA.Ska. Prescriptive normative research methodology is employed in this study, which collects primary and secondary data. The primary focus of this research is secondary data gathered from a review of the literature. The findings demonstrated that the court based the facultative requirements in polygamy instances on Article 4 paragraph (2) of the Marriage Law. In addition, judges also use the principle of benefit to accept polygamy applications. In this case, the judge considered the benefits of polygamy rather than limiting the number of wives, unless the wife suffered from mental disorders after giving birth
TINJAUAN KOMPILASI HUKUM ISLAM TERHADAP PENYELESAIAN SERTIFIKAT TANAH WAKAF DI WILAYAH KANTOR KECAMATAN NOGOSARI KABUPATEN BOYOLALI TAHUN 2022-2023 Pramudiansyah, Ilham; Wibowo, Muh. Kurniawan Budi; Pradana, Aditya Fajri Kurnia
AL HUKMU: Journal of Islamic Law and Economics Vol. 04, No. 2 Agustus 2025
Publisher : Institut Islam Mamba'ul 'Ulum Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54090/hukmu.677

Abstract

Waqf in Law No. 41 of 2004 is a legal act of wakif to separate and submit part of his property to be utilized forever or for a certain period of time in accordance with his interests for the purposes of worship and public welfare according to sharia. This research uses empirical qualitative research methods by collecting data through interviews, and field research and collecting primary data, the results of this research must be through the Boyolali waqf pledge certificate recording officer. The implementation of land waqf in the Nogosari Religious Affairs Office must go through a process of consultation and document preparation, appointment of nazir, examination of assets to be waqf, implementation of waqf pledges, making waqf pledge deeds, submitting waqf certificates to bpn, management by nazhr, reporting.
ANALISIS YURIDIS LARANGAN POLIGAMI DALAM AWIG-AWIG DESA PENGLIPURAN DITINJAU DARI UNDANG-UNDANG PERKAWINAN DAN KOMPILASI HUKUM ISLAM Susetyo, Danny Trisno; Pradana, Aditya Fajri Kurnia; Sulistyowati, Herwin
AL HUKMU: Journal of Islamic Law and Economics Vol. 04, No. 2 Agustus 2025
Publisher : Institut Islam Mamba'ul 'Ulum Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54090/hukmu.689

Abstract

This research discusses the analysis of the prohibition of polygamy in the awig-awig of Penglipuran Village in terms of the Marriage Law and the Compilation of Islamic Law. The purpose of this research is to identify the reasons behind the polygamy prohibition stated in the awig-awig of Penglipuran Village and to analyse its consistency with state law and Islamic teachings. The approach used in this research is normative empirical, by combining the study of existing laws and regulations and the reality of the application of customary norms in the field. The methods used included a literature study to analyse Law No. 1/1974 on Marriage, the Compilation of Islamic Law, and the text of the awig-awig of Penglipuran Village. In addition, field observations and interviews with traditional leaders and the local community were conducted to understand their perspectives on the prohibition of polygamy. The results show that the polygamy prohibition in the awig-awig of Penglipuran Village aims to maintain local social and cultural values that prioritise equality in marital relationships. However, this contradicts the provisions of state law which allows polygamy under certain conditions and Islamic law which provides leeway. The implication of this research is the importance of harmonisation between customary law, state law and religious teachings to create harmony in the norms prevailing in society.
Asas Oportunitas dalam Penegakan Hukum Pidana Korupsi: Studi Yuridis terhadap Kewenangan Jaksa Muhammad Kurniawan Budi Wibowo; Zaenal Mustofa; Aris Sunindyo; Agus Marzuki; Aditya Fajri Kurnia Pradana
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6410

Abstract

The principle of opportunity is a criminal law principle that gives prosecutors the authority not to continue prosecuting cases in the public interest. In Indonesia, although the legal system normatively adheres to the principle of legality, the practice of discretion by prosecutors in handling cases, including corruption, shows a tendency to apply the principle of opportunity which has not been strictly regulated. Corruption as an extraordinary crime demands strict, transparent and accountable law enforcement. However, the use of discretion by prosecutors in stopping corruption cases risks weakening public trust and opening up opportunities for abuse of authority. This research aims to juridically examine the position of the principle of opportunity in the Indonesian criminal law system and assess the prosecutor's authority in applying it in corruption cases. The research method used is normative juridical with statutory, conceptual, and comparative legal approaches. The results of the study show that there is a need for normative limits on the prosecutor's discretionary space, especially in corruption cases, as well as strengthening the external supervision mechanism. Comparative studies with countries such as the Netherlands and Japan show that the application of the principle of opportunity can be effective if supported by accountability and strict supervision. Therefore, legal policy reform in the form of codification of norms and transparency of law enforcement is an urgency in order to strengthen the integrity of the prosecutorial institution and the effectiveness of corruption eradication.
Legal Protection for Muslim Consumers Regarding Halal Food Certification in Law Number 33 of 2014 (Gazetted) Kurnia Pradana, Aditya Fajri; Muhammad Yunan Hidayat; Sugiyat, Sugiyat; Nafi' Hasbi, M. Zidny
Al-Amwal : Journal of Islamic Economic Law Vol. 9 No. 1 (2024): Al-Amwal : Journal of Islamic Economic Law
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah, IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/alw.v9i1.4959

Abstract

Purpose : “The purpose of this study is to analyse the legal protection for Muslim consumers of halal certified products in Law Number 33 of 2014. Method : This research uses a normative juridical approach, namely research that is focused on legal norms relating to legal protection for Muslim consumers against halal food certification in Law Number 33 of 2014. Result : The existence of various laws and regulations relating to halal labelling on food shows that the regulation is still partial. However, the existence of Law of the Republic of Indonesia Number 33 of 2014 concerning Halal Product Guarantee provides more legal certainty. Business actors who are required to include halal labels on food are one of the moral responsibilities of business actors. Implication :The JPH Law provides several forms of legal protection for Muslim consumers. However, the implementation of the JPH Law still faces several obstacles. To improve legal protection for Muslim consumers, several efforts need to be made, such as increasing socialisation of the JPH Law, strengthening BPJPH, and improving coordination between institutions.