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All Journal Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS) Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Salsa Luthfiah Rezki
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Pembagian Harta Gono-Gini yang Berkeadilan Gender di Indonesia Fiantika Armanda; Salsa Luthfiah Rezki; Kurniati Kurniati
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 4 No. 3 (2025): September: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v4i3.5764

Abstract

The gender-equitable distribution of gono-gini property in Indonesia still faces challenges even though the principle of equality has been regulated in the Compilation of Islamic Law (KHI) and the Marriage Law. The principle of gender justice in Islamic law is rooted in sharia values that emphasize balance, benefits, and equality between men and women in acquiring and managing family property. However, practice in the field shows that there is a wrong understanding of society, patriarchal culture, and differences in judges' interpretations that often harm women. This research aims to analyze the form of distribution of gono-gini property according to Islamic law and national law, understand its implementation in the practice of religious justice, and formulate Islamic legal solutions that can realize a gender-fair distribution. The research method used is a literature review with a normative-qualitative approach through the study of primary, secondary, and tertiary legal materials. The results of the study show that the equitable distribution of gender is not only understood as a 50:50 division according to Article 97 of the KHI, but also includes recognition of economic and non-economic contributions, including the domestic role of the wife. Implementation in the religious courts still faces inconsistencies in judges' interpretations, low legal literacy, and socio-cultural barriers. The solutions offered by Islamic law include the application of the principles of shirkah, benefit, deliberation, and ijtihad of judges based on substantive justice.
Rekonstruksi Pemilu Perspektif Hukum Tatanegara Islam: (Antara Legitimasi Demokrasi dan Substansi Syariah) Fiantika Armanda; Salsa Luthfiah Rezki; Raisya Aurora A; Kurniati Kurniati
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 3 No. 3 (2026): Juli : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v3i3.1782

Abstract

Elections are the primary instrument in a democratic system, functioning as a means to realize popular sovereignty and legitimize political authority. However, election implementation in Indonesia continues to face several challenges, including money politics, elite domination, low-quality political participation, and democratic practices that tend to emphasize procedural aspects rather than substantive justice. This study aims to analyze electoral reconstruction from the perspective of Islamic constitutional law, focusing on its opportunities, challenges, and implications for improving the quality of democracy in Indonesia. The research uses a normative legal method with conceptual and literature-based approaches by examining relevant legal sources and scholarly works. The findings show that electoral reconstruction can be carried out by strengthening the principles of shura, trustworthiness, justice, public participation, transparency, and accountability in election management. This reconstruction offers considerable opportunities because Islamic constitutional values are generally consistent with democratic principles. Nevertheless, its implementation faces obstacles such as pragmatic political culture, elite dominance, money politics, and limited public political awareness. Overall, electoral reconstruction based on Islamic constitutional values can improve democratic quality, strengthen electoral integrity, and promote a more just political system oriented toward public welfare.
Co-Authors Fahrial S Fiantika Armanda Kurniati Kurniati Raisya Aurora A Safitri Aulia Zalsalnabila