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All Journal USRAH: Jurnal Hukum Keluarga Islam
Bashori Alwi
Universitas Nurul Jadid
Religion Law, Crime, Criminology & Criminal Justice

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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.
Co-Authors Ahmad Ifril Aufia Shonhaji Umilia Zakiatuz Zahro Umilia