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All Journal USRAH: Jurnal Hukum Keluarga Islam
Burhanuddin
UIN Sunan Gunung Djati Bandung
Religion Law, Crime, Criminology & Criminal Justice

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STRATEGI PENGADILAN AGAMA SOREANG DALAM MENGOPTIMALKAN PELAYANAN SIDANG KELILING PASCA IMPLEMENTASI INPRES NO. 1 TAHUN 2025 TENTANG EFESIENSI Ahmad Rojak Lahabato; Aden Rosadi; Burhanuddin
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/m2gktw44

Abstract

This study aims to examine the implementation of Presidential Instruction No. 1 of 2025 on the allocation and realization of the mobile court budget, analyze the factors that support and hinder efficiency, and develop strategies for the Soreang Religious Court in supporting the quality of the mobile court program. This research uses an empirical juridical approach and descriptive methods, with primary data from interviews with court officials and secondary data from institutional documents and legal literature. This research found that the efficiency policy has resulted in a reduction in the frequency of mobile court sessions and a more efficient schedule. Mobile court sessions were successfully implemented due to supporting factors, including leadership commitment, information technology integration, and inter-agency synergy, while the obstacle was the lack of community participation in mobile court sessions, with people preferring to attend sessions at the court building. Cooperation with local governments and the Religious High Court has created a strategy that balances administrative efficiency and substantive justice, which is a finding of this study, particularly in court governance based on public interest.
DISPARITAS PUTUSAN ISBAT NIKAH DALAM PERNIKAHAN YANG MENGGUNAKAN WALI MUHAKKAM : ANALISIS PERBANDINGAN PENETAPAN PENGADILAN AGAMA Zahra Suryana; Ramdani Wahyu Sururie; Burhanuddin
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: 10.46773/1t04ah14

Abstract

The Absence of explicit regulation governing wali muhakkam in Indonesian marriage law has produced inconsistent judicial outcomes in isbat nikah proceedings before Religious Courts. This study analyzes divergent legal reasoning in two comparable cases: Decision No.10/Pdt.P/2023/PA.Wkb (Waikabubak Religious Courts, granted) and Decision No. 49/Pdt.p/2021/PA.Mkm (Mukomuko Religious Courts, rejected), and identifies the factors underlying the disparity between these decisions. This research employs normative juridical methods through library research, with content analysis applied to both decisions, relevant legislation, and legal literature. The findings show that the two judges adopted fundamentally different approaches. The Waikabubak judge applied a contextual approach integrating classical fiqh doctrine, sociological conditions, and the principle of maslahah. Whereas the Mukomuko judge strictly adhered to positive law. Four factors drive this disparity: a legal vacuum and regulatory ambiguity regarding wali muhakkam; differences in the circumstances of the wali nasab and petitioners; divergent judicial paradigms and methods of legal interpretation; and differences in local legal culture and access to justice. This study calls for clearer and more explicit regulation of wali muhakkam to ensure legal certainty and uniformity in Religious Court adjudication
Co-Authors Aden Rosadi Ahmad Rojak Lahabato Ramdani Wahyu Sururie Zahra Suryana