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All Journal USRAH: Jurnal Hukum Keluarga Islam Hakamain: Journal of Sharia and Law Studies PESHUM
Bashori Alwi
Universitas Nurul Jadid
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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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.
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

Abstract

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.
Co-Authors Adam Adesina Muhammad-Lawal Ahmad Ifril Aufia Shonhaji Ahmad Nuril Madani Fatimatuz Zahroni Umilia Zakiatuz Zahro Umilia