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Tuhfatul Janan
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usrah.staimpro@gmail.com
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Jl. Soekarno - Hatta No. 94B, Sukabumi, Kecamatan Mayangan, Kota Probolinggo
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INDONESIA
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 202 Documents
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Efektivitas Pengawasan Pemerintah Daerah Terhadap Kualitas Air Sungai: Studi Kasus Pencemaran Sungai Brantas Jawa Timur Rivaldi Rizky; Rahayu, Mella Ismelina Farma
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.v6i2.2123

Abstract

This study analyzes the effectiveness of regional government supervision over river water quality, focusing on the case of Brantas River pollution in East Java. Using normative juridical research methods with a case study approach, this research examines the role of regional government in monitoring and controlling river water quality through regulatory frameworks and institutional coordination. The study utilizes primary data from the Surabaya District Court Decision No. 08/Pdt.G/2019/PN.Sby and secondary data from relevant legislation and literature. The findings reveal significant weaknesses in inter-agency coordination and law enforcement mechanisms. The research concludes that regional government supervision effectiveness remains low due to limited human resources, weak institutional coordination, and insufficient political will. The study recommends strengthening inter-agency coordination, enhancing supervisory capacity, and implementing stricter sanctions to improve environmental protection.
Analisis Yuridis Perlindungan Hukum Bagi Korban Salah Tangkap Ditinjau Dari Ketentuan Hukum Positif Di Indonesia Setyawan, Gerald Febrian; Prasetyo, Boedi
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.v6i2.2124

Abstract

The judicial process in Indonesia must be carried out or implemented based on the provisions of the laws in Indonesia. The criminal justice process was born in order to resolve problems that arise from criminal acts. Although the procedures for the judicial process have been regulated by law, we still find many cases of errors in the judicial process that occur in Indonesia. One case of error in the judicial process can be found in cases of mistaken arrest by law enforcement officers. Wrongful arrests or mistakes in arrest generally occur due to procedural errors and also errors in the investigation process carried out by law enforcement officers. In order to protect the interests and rights of victims that are lost during the judicial process, a form of protection is needed that can be given to victims of mistaken arrest. Legal protection for victims of mistaken arrest was born in order to provide protection for victims or innocent people who were arrested illegally or mistakenly by law enforcement officers. Including provisions for victim protection aims to increase the government's focus on the plight of victims and can restore the conditions and rights of victims that are lost from the act of mistaken arrest considering that the act of mistaken arrest is a form of gross human rights violation that greatly tarnishes human dignity
STUDI NORMATIF ATAS KETENTUAN PENCATATAN NIKAH DAN IMPLIKASINYA TERHADAP LEGALITAS KELUARGA SIRI Satriya Pamungkas; Ana Billah
USRAH: Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2024): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v5i2.1071

Abstract

This study aims to normatively analyze the legal provisions on marriage registration in Indonesia and its implications for the legal status of families involved in unregistered (siri) marriages. The research employs a normative legal method using statutory, conceptual, and case approaches. Data sources include primary, secondary, and tertiary legal materials, analyzed descriptively and prescriptively. The findings indicate that marriage registration is a formal legal requirement necessary for a marriage to have legal standing under state law. The absence of registration, as in siri marriages, leads to various legal consequences, including the unrecognized status of wives and children, the loss of inheritance and marital property rights, and the lack of legal protection for women and children. Based on the theories of legal certainty and legal protection, the state holds the responsibility to affirm marriage registration as an essential instrument of legality and the protection of civil rights within the family.
ANALISIS YURIDIS KASUS HAK ASUH ANAK TSANIA MARWAH: TANTANGAN PERLINDUNGAN HAK IBU DAN ANAK DI INDONESIA Rofiah, Zulfa
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.v6i3.1833

Abstract

This study aims to analyze the case of Tsania Marwah as an illustration of the challenges in implementing legal protection for mothers and children in Indonesia. The research employs a normative juridical method with statutory and conceptual approaches, examining regulations such as Law No. 35 of 2014 on Child Protection, Law No. 1 of 1974 on Marriage, and Article 105 of the Compilation of Islamic Law (KHI). The findings reveal a significant gap between legal norms and actual practice. Although the court awarded child custody to the mother, enforcement of the decision proved difficult due to the absence of a strong enforcement mechanism, lack of strict sanctions for violators, and weak support from law enforcement institutions. Additionally, existing legal provisions fall short in addressing complex custody violations committed by biological parents and do not adequately safeguard the best interests of the child. The study underscores that weak institutional coordination, low public legal awareness, and insufficient governmental commitment are key barriers to the effective implementation of custody rights. Accordingly, this research recommends policy reforms that include strengthening enforcement mechanisms, applying stricter legal sanctions, improving cross-sectoral coordination, and developing sustainable legal education programs for the public.
KULTUR KELUARGA ISLAM DENGAN FENOMENA PERNIKAHAN DIBAWAH UMUR (Studi Kasus di Desa Pai Kecematan Wera Kabupaten Bima) Ifan; Jainuddin; Syarif Hidayatullah
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.v6i3.1956

Abstract

In addition to exploring the impact of Islamic family culture on the societal phenomena of underage marriage, this research seeks to ascertain the legal ramifications of making underage marriages lawful.  This research takes a descriptive qualitative tack, gathering information by methods such as participant observation, in-depth interviews, and document reviews.  The study's findings show that underage marriage in PAI Village, Wera District, Bima Regency, is a multi-faceted issue affected by many economic, social, cultural, and legal viewpoints. This practice has multidimensional impacts, including the breakdown of education, economic hardship, and health risks for mothers and babies. A holistic approach that integrates economic empowerment, religious education, and changes in social norms is needed to address this issue and build a sakinah family.  
PERKAWINAN DINI DAN DAMPAKNYA TERHADAP PERLINDUNGAN ANAK DALAM HUKUM PERKAWINAN INDONESIA SEBAGAI TINJAUAN KOMPREHENSIF Suryantoro, Dwi Dasa
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.v6i3.1968

Abstract

Early marriage in Indonesia remains a significant issue even though there has been a regulation that regulates the age limit for marriage through Law No. 16 of 2019. This study aims to examine the impact of early marriage on the rights of children, especially women, and evaluate the effectiveness of existing legal protections. The research method used is a qualitative approach with literature study and normative analysis of laws and regulations governing early marriage, especially Law No. 16 of 2019. The results of the study show that despite the age limit of marriage, the dispensation policy given by the religious court allows for early marriage. This has an impact on children's limited access to education, health, and economic opportunities. This study recommends the need to evaluate and strengthen dispensation policies and increase public awareness about the dangers of early marriage. Stricter policy changes and stricter oversight are needed to strengthen the protection of children's rights.
POLIGAMI DAN KEADILAN DALAM PERSPEKTIF HUKUM POSITIF: TINJAUAN LITERATUR TERHADAP PRAKTIK DI SUKU SASAK LOMBOK NTB Kabir, Fauzul
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.v6i3.1969

Abstract

This study discusses the practice of polygamy and justice as its main requirement, as well as how positive law in Indonesia perceives polygamy through the lens of legal validity theory. Polygamy is a complex issue as it touches upon religious, social, and legal aspects, and often sparks controversy in modern society. In Islam, polygamy is permitted under strict conditions such as justice and financial capability, which are accommodated in Law Number 1 of 1974 and the Compilation of Islamic Law. This research employs a qualitative-descriptive method based on literature study to examine the legal validity of polygamy from both normative and sociological perspectives. The findings reveal that polygamy regulations in Indonesia are legally valid; however, their enforcement is highly influenced by public acceptance and practical effectiveness. Therefore, regulations on polygamy must be continuously evaluated to remain relevant and responsive to social developments, while also upholding the values of justice within family life.  
KONSTRUKSI HUKUM POLIGAMI DALAM PEMIKIRAN K.H. HUSEIN MUHAMMAD: TELAAH NORMATIF-KONTEKSTUAL Mutho`, Izzul
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.v6i3.1985

Abstract

This article discusses the thoughts of K.H. Husein Muhammad on polygamy in Islam, focusing on the legal construction and argumentative foundations behind his critical stance toward the practice. In contrast to the majority of classical scholars who permit polygamy broadly, K.H. Husein views justice as an absolute requirement that is extremely difficult to fulfill in practice. This study aims to analyze the legal construction and fundamental reasoning of K.H. Husein Muhammad regarding polygamy in Islam. It employs a normative-contextual approach using library research and direct interviews as methods of data collection, with descriptive-qualitative analysis. The findings indicate that K.H. Husein Muhammad considers polygamy not as a normative teaching recommended in Islam, but rather as a rukhṣah (legal concession) for certain situations. In the context of modern society, he argues that polygamy tends to result in injustice—especially toward women—and contradicts the principles of maqāṣid al-sharī‘ah and the legal maxim sad al-dharī‘ah. Therefore, he concludes that the permissibility of polygamy may shift to being discouraged (makrūh) or even prohibited (ḥarām) if it fails to uphold substantive justice. His thought reflects a form of progressive ijtihād that prioritizes contextual interpretation of religious texts and advocates for reform in Islamic family law that promotes social justice and gender equality.
COPING STRESS SEBAGAI PEMULIHAN PSIKOLOGIS ANAK USIA DINI AKIBAT PERCERAIAN ORANG TUA Wicaksono, Falih Akmal Wicaksono; Lidia Sandy Kartika; Mufidah Ch
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.v6i3.1999

Abstract

This study discusses the influence of husband and wife when carrying out ongoing colonization. The dispute also turned out to be the main cause of divorce in Indonesia, this certainly affects the development of children's mindsets that are still in the process of growing both in mind, characteristics, or mental. This study uses a type of library research (library research) which is carried out by examining library materials or secondary data that focus on the object of research. The results of this study are that children can apply various coping strategies. Focused problem solving, involves active efforts to overcome problems such as seeking social support, or planning solutions. Then it can also be with Emotional focus coping, which can focus on regulating emotions such as trying to forget problems or blaming yourself. Lazaruz and Folkman's theory provides a useful framework for understanding how children cope with stress despite divorce from both parents. This theory identifies various coping strategies such as confrontation, seeking social support, and positive reappraisal.
Marginalisasi Perempuan Akibat Pernikahan Siri: Studi Kasus di Kabupaten Soppeng Muhammad Fadel Adhyputra; Musriadi
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.v6i3.1774

Abstract

This study raises the phenomenon of marginalization of women due to unregistered marriage in Soppeng Regency, focusing on the causes of unregistered marriage and its impact on women. The research uses a qualitative method with a case study approach and sociology of law, which is supported by two main theoretical frameworks, namely Social Construction of Law Theory and Feminist Legal Theory. Data were obtained through interviews with women who were victims of unregistered marriage, and supported by literature studies and relevant legal documents. The results show that unregistered marriages are triggered by a lack of legal awareness, economic pressure, infidelity, pregnancy outside of marriage, and weak state regulations. As a result, women involved in unregistered marriages experience forms of marginalization in psychological, social, legal and economic aspects. These findings show that patriarchal culture reinforces gender inequality and places women in a vulnerable position. Therefore, systematic interventions are needed through legal education, victim assistance, and strengthening the implementation of regulations to ensure the protection of women's rights in the context of marriage.

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