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All Journal ASAS : Jurnal Hukum Ekonomi Syariah Analisis: Jurnal Studi Keislaman MAHKAMAH: Jurnal Kajian Hukum Islam FIKRI : Jurnal Kajian Agama, Sosial dan Budaya Pena Justisia: Media Komunikasi dan Kajian Hukum Media Syari'ah: Wahana Kajian Hukum Islam dan Pranata Sosial LEGAL BRIEF El-Izdiwaj: Indonesian Journal of Civil and Islamic Family Law Mabahits Al-Istinbath: Jurnal Hukum Islam Kartika: Jurnal Studi Keislaman Syakhshiyyah Jurnal Hukum Keluarga Islam RESLAJ: Religion Education Social Laa Roiba Journal Madania: Jurnal Kajian Keislaman
Gandhi Liyorba Indra
Universitas Islam Negeri Raden Intan Lampung
Religion Humanities Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Perlawanan Eksekusi Hak Tanggungan di Pengadilan Agama dengan Akad yang Mengandung Klausula Penyelesaian Sengketa melalui BASYARNAS Ardhi Barkah Apandi; Maimun; Gandhi Liyorba Indra
Reslaj: Religion Education Social Laa Roiba Journal Vol. 6 No. 8 (2024): RESLAJ: Religion Education Social Laa Roiba Journal 
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/reslaj.v6i8.2301

Abstract

When there is a default committed by the customer, the Islamic Bank can carry out parate execution of the object of mortgage rights used as collateral by the customer through the auction system. The customer often fights against the execution by submitting a fight against execution to the Religious Court, but the contract between the customer and the Islamic Bank which includes a dispute resolution clause through BASYARNAS raises legal certainty issues. The purpose of this research is to find out the authority of the Religious Court in adjudicating cases of resistance to execution even though there is a dispute resolution clause through BASYARNAS in the Deed of Financing Agreement. The method used in this research is a descriptive qualitative method with a conceptual approach and normative approach. Based on the results of the study, it shows that the Religious Court is still authorized to examine, hear and decide disputes against the execution of mortgage rights with a contract containing a dispute resolution clause through BASYARNAS, although article 3 and article 11 of Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution limit the authority of the Religious Court but BASYARNAS as an arbitration institution does not have the authority to resolve disputes against execution, so that the Religious Court, which has free authority and may not refuse to examine, hear and decide a case because the legal basis for the authority of the dispute is unclear as stipulated in Article 10 of Law Number 48 of 2009 concerning Judicial Power, is still authorized to examine, hear and decide cases.
Strengthening the National Waqf Ecosystem through Legal Reform: An Analysis of Waqf Issues in the Provinces of Lampung and South Sumatra Faisal, Faisal; Mu'in, Fathul; Edy, Relit Nur; Indra, Gandhi Liyorba; Santoso, Rudi Santoso
AL-ISTINBATH : Jurnal Hukum Islam Vol 9 No 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i1.9320

Abstract

The study aims to identify waqf issues in Lampung and South Sumatra Provinces and explore potential solutions to develop a national waqf ecosystem that is more responsive to the development of time. This research employed empirical juridical research. The primary data was gathered through observations, interviews, and documentation with waqif (donors), nadzir (the administrators of Waqf), public figures, academics, and BWI (Indonesian Waqf Institution) of Lampung and South Sumatra. The secondary data were gathered from books, laws and regulations, judicial decisions, scientific journals, and websites. This study discovered that the challenges of Waqf in Lampung and South Sumatra Provinces comprised aspects of management and supervision, a lack of socialization and literacy, waqf fraud, and insufficient nadzir (donors) resources for creating profitable Waqf and waqf digitization. The solution is to enhance the national waqf ecosystem by reforming waqf laws to strengthen waqif, nadzir, and BWI. With the renewal of waqf law, a positive ecosystem will emerge, reducing waqf disputes and improving people's well-being.
Larangan Perkawinan Gotong Dalan Tradisi Masyarakat Suku Jawa Perspektif Saddu'dzariah Putri, Deliana; Liyorba Indra, Gandhi; Fitri, Remeiliza
Kartika: Jurnal Studi Keislaman Vol. 5 No. 3 (2025): Kartika: Jurnal Studi Keislaman (November)
Publisher : Lembaga Pendidikan Tinggi Nahdlatul Ulama (LPT NU) PCNU Kabupaten Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59240/kjsk.v5i3.348

Abstract

This study aims to analyze the understanding of the Girimulyo Village community regarding the prohibition of gotong dalan marriage, a traditional Javanese custom that forbids marriage between couples whose houses directly face each other without being separated by a crossroads. The purpose of this research is to explore how this prohibition is perceived and practiced by different generations and to assess its relevance from the perspective of Islamic legal principles, particularly through the concept of sadd adz-dzari‘ah (blocking the means to harm). This study employs a descriptive qualitative method with data collected through in-depth interviews, direct observation, and literature review. The findings reveal that the gotong dalan prohibition has no explicit foundation in Islamic law; however, the fiqh principle of sadd adz-dzari‘ah can be applied to interpret its function as a preventive effort to maintain social harmony and avoid potential conflicts within the community. The study highlights the importance of preserving local wisdom insofar as it does not contradict Islamic law, while fostering dialogue and education between customary norms and religious principles. In this way, traditional values may coexist with the protection of individual rights in marriage, contributing to a harmonious and just social order.
Analysis of Joint Property Distribution Using The Concept Of Jurimetry: Perspectives From John Rawls And Jeremy Betham's Theories Of Justice Azizah, Alia; Fauzi , Mohammad Yasir; Indra, Gandhi Liyorba
LEGAL BRIEF Vol. 14 No. 5 (2025): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i5.1483

Abstract

The division of joint property as regulated in Article 97 of the Compilation of Islamic Law (KHI) is set at half (1/2), unless otherwise specified in the marriage agreement. This approach is often used as a reference by judges because it provides legal certainty. However, this provision is often considered to not take into account the condition of wives who bear a double burden, namely taking care of domestic affairs while also playing a role in the public sphere. This study aims to examine the division of joint property using the concept of jurimetry in the perspective of the theory of justice proposed by John Rawls and Jeremy Bentham, in order to evaluate the extent to which substantive justice is reflected through the application of jurimetry in joint property cases. The method used is normative legal research with a legislative, conceptual, and case study approach. The findings of the study indicate that the use of jurimetrics in joint property cases must be combined with the principles of justice according to Rawls and Bentham, so that the division is not solely based on a formal legal approach but also considers aspects of social and moral justice
Constitutional and Gender Critique of the Implementation of Aceh’s Qanun: Between Sharia Regulations and the Restriction of Women’s Rights Gandhi Liyorba Indra; Fathul Mu’in
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5912

Abstract

This study aims to provide a constitutional critique of the implementation of qanun in Aceh from the perspectives of the constitution and gender. During its formulation process, the community expressed a desire for Sharia values to be incorporated into the qanun governing the lives of Acehnese people. However, its implementation has the potential to restrict women's rights. This study also seeks to contribute to the reformulation of laws that are fair for all. A qualitative approach is employed in this study, with data collected from library research to analyze constitutional and gender critiques of the implementation of Aceh's qanun. From a constitutional perspective, the study finds that the implementation of Aceh's qanun is not entirely aligned with the national constitution, human rights, and the principles of a unitary state. Although Aceh has special autonomy to implement Islamic law, its enforcement must not contradict the principles of equality before the law, freedom of religion, and the protection of human rights. From a gender perspective, while the qanun aims to uphold Islamic values and establish a well-ordered social structure, its implementation often fails to align with gender justice principles, as it restricts women's rights. To achieve justice for all members of society, it is essential to reassess the application of Aceh’s qanun and ensure women's participation in the decision-making process, so that the resulting policies genuinely reflect the needs and rights of all citizens.
Perlindungan Hukum Bagi Perempuan dan Anak di Negara-Negara Muslim Modern Perspektif Mubadalah Mu'in, Fathul; Fathul; Gandhi Liyorba Indra; Relit Nur Edi; Rudi Santoso; Diah Mukminatul Hasimi
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 5 No 2 (2025): Syakhsiyyah Jurnal Hukum Keluarga
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/82228w12

Abstract

Abstract:  The issue of legal protection for women and children remains a crucial concern in many Muslim countries, particularly regarding gender inequality, domestic violence, and limited access to justice. Although Islam upholds the principles of justice and respect for human dignity, its implementation is often influenced by patriarchal culture and legal systems that have yet to fully protect vulnerable groups. Based on this background, this study aims to analyze the forms and implementation of legal protection for women and children in Saudi Arabia, Egypt, and Indonesia through the mubadalah (reciprocity) perspective. This research is a qualitative library study using normative and comparative approaches, drawing on Islamic legal sources, national legislation, and relevant academic literature. The results indicate that Saudi Arabia remains oriented toward classical fiqh but is beginning to transform through legal reform; Egypt has progressively codified family law; while Indonesia integrates Islamic justice principles with national law through comprehensive regulations protecting women and children. From the mubadalah perspective, all three countries demonstrate efforts toward more equal and just legal relations, affirming that true legal protection must be grounded in reciprocity, humanity, and gender justice.   Keywords: Protection, Women and Children, Muslim Countries, Mubadalah  
Co-Authors A. Kumedi Ja’far Ahmad Nurcholis Ardhi Barkah Apandi Azizah, Alia Diah Mukminatul Hasimi Faisal Faisal Fathul Fathul Mu’in Fathul Mu’in Fauzi , Mohammad Yasir Firmansyah Firmansyah Fitri, Remeiliza Huriyah, Ida Khoridah Ida Khoridah Huriyah Irawan, Heri Linda Firdawaty M. Yasin Al Arif Maimun Marisa Putri Mu'in, Fathul Nayan, Maria Md Putri, Deliana Putri, Marisa Relit Nur Edi Relit Nur Edy, Relit Nur Rini Sukmawati Rini Sukmawati Rohmadi Rohmadi Rohmadi Rohmadi Rudi Santoso Santoso, Rudi Santoso Sukmawati, Rini Susanto, Is Wagianto, M Yuniansa, Rada