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Tuhfatul Janan
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usrah.staimpro@gmail.com
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USRAH: Jurnal Hukum Keluarga Islam
Published by Sekolah Tinggi Agama Islam Muhammadiyah Probolinggo
ISSN : 27471411     EISSN : 27471403     DOI : https://doi.org/10.46773/Usrah
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
USRAH: Jurnal Hukum Keluarga Islam published by Al-Ahwal Research Centre of Departement of Islamic Family Law, STAI Muhammadiyah Probolinggo since 2019. The subject covers textual and fieldwork studies with various perspectives of Islamic Family Law, Islam and gender discourse, and legal drafting of Islamic Civil law. In the beginning, the journal only served as a scholarly forum for the lecturers, professors, and students at the State Institute of Islamic Studies. However, due to the later development, the journal has successfully invited scholars and researchers outside the Institute to contribute. Until now, with the fair procedure of double peer-review, Usrah continues to publish researches and studies concerned with Islamic Family Law, Gender Discourse, and Legal Drafting of Islamic Civil Law with various dimensions and approaches. Usrah, published twice a year, always places Islamic Family Law, Gender Discourse, and Islamic Civil Law in the central focus of academic inquiry and invites any comprehensive observation of Islam Family Law as a normative Islam and a system of society and Muslims as those who practice the religion with their many facets.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 206 Documents
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DEVELOPMENT OF VARIOUS MODERATION-ORIENTED COUNSELING A: CASE STUDY AT THE AJUNG RELIGIOUS AFFAIRS OFFICE, JEMBER Lailatus Safitri, Novia; Abdul Halim; Riski Ramadhan
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.v6i3.1926

Abstract

This study examines the implementation of religious moderation at the Ajung Jember Religious Affairs Office (KUA), using a qualitative approach with a case study type, data obtained through key informants, including the head of KUA, the religious section, and the community section. Data collection through in-depth interviews, observation, and documentation. The results of the study indicate that the Ajung Jember KUA has successfully utilized the Bimwin program to educate prospective brides and grooms about the importance of respecting differences in marriage. The religious counseling program also targets various levels of society to overcome radicalism and strengthen national values. However, this study also identified several challenges, including limited human resources and resistance from some people to the idea of religious moderation. Opportunities found in this study include increased public awareness of the importance of social harmony and the use of information technology to expand the reach of the program. This study contributes to the understanding of the implementation of religious moderation at the local level, with recommendations for strengthening human resource capacity and cross-sector collaboration in supporting the sustainability of religious moderation programs. Keywords: Religious moderation, KUA, Counseling.
MENUNDA KEHAMILAN KARENA AKADEMIK DAN EKONOMI: TINJAUAN MAQASHID SYARIAH PADA MAHASISWA STDIIS JEMBER Muadz; Musyafi Usman
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.v6i3.1928

Abstract

Delaying pregnancy is a choice often made by young couples, especially students, who face economic and academic challenges. This study aims to identify the economic and academic considerations in the decision to delay pregnancy among student couples at STDI Imam Syafi’i Jember and to analyze this decision from the perspective of maqashid sharia. A qualitative method with in-depth interviews was used to explore the reasons and impacts of this decision. The results show that unstable economic conditions and academic burdens are the main factors influencing pregnancy postponement. Couples strive to balance their responsibilities as students and parents to maintain the quality of family life. From the maqashid sharia perspective, this decision aligns with the principles of preserving five main objectives of Islamic law, particularly the protection of life, wealth, intellect, and lineage. Delaying pregnancy does not imply permanently limiting offspring but managing birth spacing for the welfare of the family.
Anomalous Recognition of Sirri Marriage through the Status of 'Unrecorded Marriage' in Permendagri No. 108/2019 waton rosyit, achmad nasrul
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.v6i3.1933

Abstract

The Ministry of Domestic Affairs Regulation No. 108 of 2019, which recognizes the status of "unregistered marriage" in population documents, has sparked serious debate about legal consistency and the validity of public policy in Indonesia. This study aims to analyze the conflict between this regulation and Law No. 1 of 1974 on Marriage and Law No. 23 of 2006 on Population Administration, as well as to evaluate the social and legal impact of giving administrative recognition to relationships that are not legally valid. This research uses a qualitative normative approach through literature study and legal document analysis, applying deductive reasoning and theories of legal hierarchy and social legitimacy. The findings show that Permendagri No. 108/2019 creates legal ambiguity and weakens legal certainty and public trust by allowing administrative status without proper legal basis. This study expands the discourse on family law dualism by critically examining administrative legitimacy without substantive legality, and promotes the synchronization of regulations based on legal and social principles. The main contribution of this study is to highlight the urgent need to synchronize regulations and reform marriage registration policy using an integrative approach that combines legal norms, social values, and access to justice. In conclusion, marriage registration policy must be redesigned to balance legal formalities with social legitimacy, ensuring better legal protection for families and stronger public trust in the law.
Ketimpangan Hak Dan Kewajiban Pasangan Mahasiswa Prespektif Kompilasi Hukum Islam: Studi Kasus Pasangan Suami Istri Mahasiswa Universitas Nurul Jadid Ainul Yakin; Syamsul Ma'arif
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2025): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i2.1995

Abstract

This study aims to analyze the inequality in the fulfillment of rights and responsibilities in married couples who are still students, and to understand this phenomenon based on the perspective of the Compilation of Islamic Law (KHI). The background of this study is the increasing number of marriages among students, which raises challenges in balancing academic and household roles. Using a qualitative method with a descriptive approach, data were collected through interviews and observations of student couples at Nurul Jadid University. The study results show inequality where the husband focuses more on financial responsibility, while the wife is dominant in managing the household. In general, fulfilling these rights and obligations is in line with the principles in the KHI, but is not optimal, especially in the division of domestic tasks. Factors causing inequality include academic pressure, lack of social support, and cultural expectations of the roles of husband and wife. This study emphasizes the importance of building equality of rights and responsibilities to achieve household harmony. These findings provide insight into the dynamics of student couples within the framework of Islamic law and offer recommendations so that married students can carry out academic and household roles in a balanced manner.
PERLINDUNGAN HAK ANAK DALAM KELUARGA SEBAGAI IMPLIKASI ISBAT NIKAH Fardlillah, Qonita; Candrawati, Siti Dalilah
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2025): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i2.2011

Abstract

Unregistered marriages cannot be recognized as valid by the state and will experience obstacles when dealing with marriage documents as evidence of marriage so that they will not get a marriage certificate and have an impact on the rights of the wife and children that should be received in the marriage. If the marriage is not registered in order to be registered in order to fulfill the rights of children in the family, a legal procedure is required through an application for marriage confirmation to the Religious Court. Marriage confirmation is carried out in order to obtain legal certainty so that the marital status can be registered at the Religious Affairs Office as well as an effort to protect the legal rights of children born from their marriage. This literature study aims to determine the importance of marriage confirmation for unregistered marriages with all their reasons in order to guarantee legal certainty, especially the fulfillment of children's rights that are material and non-material. The findings of this literature study show that the application for marriage confirmation granted by the Religious Court provides legal certainty for married couples and children. In the context of married couples, ownership of a marriage certificate can then be used to take care of personal documents such as family cards, child birth certificates and related documents. In the context of children's rights, unregistered marriages that are confirmed will potentially provide protection for children's rights including children's identity rights, children's rights to become heirs, rights to welfare and child protection.
ISLAMIC LAW'S VIEW OF THE IDDAH OF WOMEN WHO ARE ENSNARED IN ADULTERY ACCORDING TO THE HANABILAH MADZHAB Sofian Syaiful Rizal; Indah Firdausi
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2025): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i2.2021

Abstract

Iddah is a waiting period that a woman is obliged to undergo after divorce or the death of her husband in Islamic law, which aims to ensure the purity of the bloodline and gives the woman time to consider her life decisions. Even though iddah is a common problem, problems arise when faced with women who commit adultery. There are differences of opinion among scholars regarding the obligation of iddah for women who commit adultery, whether they are pregnant or not, because the Qur'an and Hadith do not explicitly regulate this matter. This ambiguity gives rise to legal consequences that influence whether or not the marriage contract between the woman who committed adultery and the man who impregnated her is valid. In this context, the Hanabilah school of thought has a firm view that women who commit adultery are obliged to undergo iddah just like women who are divorced. This research uses the legal istinbat method to analyze Hanabilah's view which equates the iddah of an adulterous woman with the iddah of a woman who is divorced. This research is library research, using literature such as books, scriptures, and relevant notes to compare the views of scholars regarding the issue of iddah for women who commit adultery. The findings show that Hanabilah's opinion has a strong basis, although it differs from the views of other scholars. The conclusion of this study is that the obligation of iddah for women who commit adultery must be viewed as a form of justice and legal certainty in Islam.
Implementasi Sistem Peradilan Koneksitas Dalam Perkara Tindak Pidana Korupsi Di Badan Pengelola Tabungan Wajib Perumahan Angkatan Darat Margareth Trisya Adefinola Naru; Boedi Prasetyo
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 1 (2025): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i1.2119

Abstract

The corruption case in the Army Housing Compulsory Savings Management Agency (BPTWP-AD) is one of the connected justice systems that is implemented transparently and fairly to prevent the recurrence of corruption in the military environment carried out together with civilians. This case highlights the challenges faced by the Indonesian justice system, where corruption not only harms state finances but also threatens public trust in government institutions. The connected justice system emerged as a solution to integrate the legal process in cases involving collusion between military and civilian officials, which shows the complexity and challenges in law enforcement in Indonesia. The focus of the research is based on relevant laws and regulations, including the Law on Criminal Procedure and the Law on Military Justice, as well as the legal principles governing criminal liability. Legal document analysis was conducted to dig deeper into related legal documents, such as court decisions, investigation reports, and other documents. This method helps in understanding the flow of the legal process and the application of the connected justice system in the cases studied. The application of the connected justice system has succeeded in integrating the legal process between military and civilian actors, demonstrating efficiency and transparency in handling corruption cases that result in state losses.  However, challenges such as coordination between military and civilian institutions and differences in legal procedures still need to be overcome to ensure justice  
Hak Cipta Musik Dan Pengaruhnya Terhadap Industri Musik Di Indonesia Marsela Berliana; Silalahi, Wilma
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 1 (2025): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i1.2120

Abstract

Copyright protection of musical works plays a crucial role in ensuring the sustainability and growth of the music industry in Indonesia. This study aims to examine the legal provisions of music copyright as stipulated in Law Number 28 of 2014, and to analyze its influence on the dynamics of the national music industry. Using a normative juridical approach, this research explores various issues such as rampant piracy, weak law enforcement, and the complexity of royalty management. The findings reveal that despite the existence of legal frameworks, implementation remains suboptimal due to low legal awareness, limited resources, and the challenges posed by rapid digital technological developments. Strategic measures are therefore necessary, including regulatory reform, public education, and strengthened stakeholder collaboration. In doing so, copyright protection will not only ensure justice for creators but also reinforce the overall ecosystem of the Indonesian music industry.
Perlindungan Hukum Terhadap Suatu Merek Terdaftar Di Indonesia Manurung, Rachel Wahyunita Theodor; Silalahi, Wilma
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 1 (2025): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i1.2121

Abstract

Trademarks, as intellectual works, must be respected and protected to safeguard the interests of individuals and groups. The concept of Intellectual Property Rights (IPR) is outlined as the result of human work that has economic value, and strong legal protection is required to encourage innovation and prevent rights violations. This research employs normative legal methods with secondary data sources, including statutory regulations, books, and scientific articles. The analysis is conducted through statutory approaches and content analysis methods.Law Number 20 of 2016 concerning Trademarks and Geographical Indications is identified as the legal foundation governing trademark rights, which are obtained through the "first to file" registration system. Legal protection encompasses rights recognition, preventive and repressive measures, access to legal assistance, and government accountability. This study highlights challenges in trademark registration and the importance of awareness regarding legal protection to prevent violations, as well as supporting national economic development. The research emphasizes that effective trademark protection serves as a crucial step in safeguarding trademark owners' interests and market integrity. Through comprehensive legal framework analysis, this study demonstrates how proper trademark protection mechanisms contribute to fostering innovation, maintaining fair competition, and strengthening the overall intellectual property regime.Furthermore, the implementation of the "first to file" system under Law Number 20 of 2016 provides certainty and clarity in trademark ownership determination, while establishing clear procedures for registration, enforcement, and dispute resolution. The legal protection framework not only addresses the immediate concerns of trademark holders but also contributes to the broader objectives of economic development and market stability.Therefore, effective trademark protection becomes a pivotal element in maintaining trademark owners' interests and preserving market integrity, ultimately supporting sustainable economic growth and innovation within the national framework.
Pandangan Criminal Justice System Terhadap Peran Aparat Penegak Hukum Dalam Pencegahan Tindak  Pidana Narkotika Di Dki Jakarta Sahrul, Farhan Ananda; Firmansyah, Hery
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2025): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i2.2122

Abstract

Narcotics are one of the most serious crimes faced by almost every country in the world, including Indonesia. In 2023, the number of drug users in Indonesia reached 3.3 million people, or approximately 1.73% of the total population. The province of DKI Jakarta was recorded as the most vulnerable area, contributing around 12.73% of the total narcoticsrelated crimes that year. This situation requires serious attention, particularly from law enforcement officers as part of the criminal justice system. Preventive actions taken by law enforcement should demonstrate effectiveness through a decrease in prevalence rates in 2024. This study uses a qualitative method through literature review by analyzing various sources such as journals, theses, and other scientific works. The approach used is normative, by examining the implementation of established legal principles. The results of this study show that law enforcement officers have taken several preventive measures to reduce narcotics use, including socialization, education, rehabilitation, and coaching for inmates. The coaching involves vocational training for convicts to prevent recidivism. However, the effectiveness of these efforts has yet to yield positive results, as the number of drug users in 2024 increased by 29.10%.

Page 11 of 21 | Total Record : 206

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