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Al-battar: Jurnal Pamungkas Hukum
Published by Yayasan Cendekia Gagayunan Indonesia
ISSN : -     EISSN : 30638895     DOI : https://doi.org/10.63142/9td8h174
Core Subject : Education, Social,
Law, Crime, Criminology & Criminal Justice Other
al-Battar: Jurnal Pamungkas Hukum is a scientific journal published by Yayasan Cendekia Gagayunan Indonesia, with a frequency of publication three times a year. This journal focuses on legal studies, especially in the realm of Islamic Law, Family Law, Criminal Law, Inheritance Law, Civil Law, and Sharia Economic Law. al-Battar aims to be a forum for legal academics, researchers, and practitioners in publishing research results and scientific studies relevant to legal developments in Indonesia and the Islamic world.
Arjuna Subject : Umum - Umum
Articles 8 Documents
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Search results for , issue "Vol. 2 No. 1 (2025): April" : 8 Documents clear
Pernikahan Tanpa Persetujuan Salah Satu Pihak Dalam Perspektif Islam Dan Hukum Positif Di Indonesia Tanoto, Ivan; Zelikho, Andini
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 1 (2025): April
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i1.84

Abstract

Some fiqh scholars are of the opinion that parents or guardians can forcibly marry their daughters, which is then known as the right of ijbar and parents who can force children to marry are called mujbir guardians. In reality, nowadays there are still parents who force their children to marry the man of their father's choice. This is not in line with Law no. 1 of 1974 concerning marriages carried out based on the consent of the prospective bride and groom. If the marriage does not have the consent of one of the parties, it can be called a forced marriage. This research is descriptive analysis which leads to normative legal research, with a research approach to legal principles. The data source was obtained from secondary data, namely by means of literature study. The data obtained was then analyzed using qualitative analysis. Based on the research results, it was found that legal certainty regarding marriage conditions related to the bride's consent when being betrothed by her guardian must exist. It turns out that the study of jurisprudence is not relevant to granting the guardian the right of ijbar to marry his daughter without the child's consent. The consequences of a marriage without the consent of the prospective bride are considered bad, because a marriage that contains an element of coercion will only bring harm to both parties (husband and wife). where according to the Law and KHI the marriage can be annulled.
Implementasi Konsep Kepemimpinan (Qowwamah) Kh. Abu Zaen Syamsudin Di Pondok Pesantren Assalaam Post Ismail, Ismail; Tadjudin, Azi Ahmad; Gussevi, Sofia
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 1 (2025): April
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i1.121

Abstract

This study examines the implementation of the Qowwamah concept by KH. Abu Zaen Syamsudin at the Assalaam Post Islamic Boarding School in Subang, West Java. The study aims to understand how Qowwamah principles are applied in family leadership and the management of the boarding school. The method used is descriptive qualitative with data collection techniques including in-depth interviews, participatory observation, and documentation. The results indicate that KH. Abu Zaen successfully implements Qowwamah by emphasizing moral responsibility, spirituality, and justice in decision-making. The implementation of Qowwamah has a positive impact not only on family welfare and harmony but also on the management of the boarding school and social interactions within the community. The conclusion of this study is that Qowwamah can serve as an effective Islamic leadership model in Indonesia's multicultural context, with implications for the development of Islamic studies that are more responsive to social and educational needs.
Tinjauan Hukum Islam Tentang Pasal 88 UU No. 6 Tahun 2023 Tentang Cipta Kerja Terhadap Tanggung Jawab Suami Dalam Keluarga Setiawan, Revananza Razavi; Gussevi, Sofia; Tadjudin, Azi Ahmad
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 1 (2025): April
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i1.122

Abstract

This study aims to describe how the role of Islamic law in reviewing the Job Creation Law has an impact on the husband's responsibility towards his family. This is the basis for why the theme was chosen as the object of research. The method used in this study is descriptive qualitative. The data collection technique used in this study is Library Research. Where research data is collected from various studies, journals, fiqh books to comparative analysis between one law and another. Based on the findings, several factors and impacts were found due to the enactment of the Job Creation Law. Based on the results of the data analysis, several concepts of the Job Creation Law were found related to wage provisions. First, according to article 88C, the amount of the minimum wage is determined by the Governor. Second, according to article 88B, wages are obtained based on units of time and results. Third, the nominal amount of the minimum wage obtained by workers, if referring to article 88C as the wage is determined by the Governor, then the determination of the wage is based on considerations of economic conditions, inflation and certain indices. This policy is stated in the next article, namely article 88D. If we look at it from the perspective of Islamic law, then the provisions of wages use the theory of ijarah, in which all the terms and conditions must be met. Starting from the contract, the terms and conditions, as well as things that can cancel the ijarah itself.
Hutang Piutang Dalam Islam: Kajian Kritik Hadis Tentang Penundaan Pembayaran Hidayatulah; Arifin, Tajul
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 1 (2025): April
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i1.146

Abstract

Debt is one form of muamalah permitted in Islam. It serves as an economic activity conducted by individuals to fulfill their needs. Islam provides clear guidelines and laws regarding debt, including the obligation to repay debts on time. This study aims to discuss hadiths on debt, focusing on the legal ruling concerning delaying debt repayment by those capable of paying, with reference to Hadith Bukhari No. 2400. The study employs a descriptive-analytical approach by collecting data from hadith compilations, commentaries (syarh), classical and contemporary fiqh books, as well as scholarly journals. The analysis involves stages of takhrij, sanad criticism, matan criticism, and commentary (syarh) discussion. The findings reveal that the hadith is authentic (sahih) in terms of both sanad and matan, emphasizing the legal implication that delaying debt repayment without a valid reason constitutes an act of injustice. This research highlights the importance of timely debt repayment as a trust in Islam, contributing to the development of fiqh muamalah literature and supporting a fair and responsible Islamic legal system.
Urgensi Regulasi Khusus untuk Perlindungan Data Genomik di Indonesia: Studi Perbandingan dengan GDPR dan Australian Privacy Act. Puananndini, Dewi Asri; Putranto, Aldi Satya; Mustafid, Mustafid; Thalita, Indah
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 1 (2025): April
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i1.156

Abstract

This study aims to analyze the urgency of specific regulations for genomic data protection in Indonesia using a normative juridical approach and a comparative legal method with the European Union's General Data Protection Regulation (GDPR) and the Australian Privacy Act. Genomic data has unique characteristics that distinguish it from other personal data, requiring stricter legal protection. The analysis examines Indonesia’s Personal Data Protection Law (Law No. 27 of 2022) to identify regulatory weaknesses in ownership rights, informed consent mechanisms, data security, and cross-border data transfers. The findings reveal that Indonesia lacks explicit provisions recognizing genomic data as a special category requiring higher protection standards. Referring to best practices from the GDPR and the Australian Privacy Act, this study recommends establishing specific regulations covering data ownership protection, strengthening consent mechanisms, and enhancing oversight of genomic data security and transfers. Implementing stricter regulations is expected to safeguard individual privacy while supporting research and innovation in healthcare and biotechnology.
Pandangan Masyarakat Awam Terhadap Teori Akad Dalam Transaksi Jual Beli Latifah, Anisa; Nazhirah, Hasna Maisya; Wicaksono, Muhammad Adi; Ningati, Restu Setia; Widyadhana, Talita Ardra; Suresman, Edi
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 1 (2025): April
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i1.166

Abstract

In Islamic law, buying and selling transactions must adhere to contract principles that comply with sharia, such as mutual consent, clarity of objects and prices, and freedom from elements of gharar (uncertainty), riba (usury), and maysir (gambling). However, the general public's understanding of the concept of akad (contract) remains limited, as many perceive buying and selling merely as an exchange of goods and money without considering the legal and ethical aspects embedded in the contract. This study aims to identify the level of public understanding regarding the theory of akad in sharia-based buying and selling transactions using a qualitative approach with descriptive methods, case studies, and literature reviews. The findings indicate that although the term akad is widely recognized, in-depth understanding of its types, conditions, and principles remains inadequate. The majority of people are unfamiliar with Islamic contracts such as Murabahah, Salam, or Istishna, and they often have misconceptions regarding the elements of gharar and riba in transactions. Therefore, further education is necessary to enhance Islamic financial literacy, ensuring that buying and selling transactions align with Islamic principles, promote fairness, and avoid practices that may disadvantage one party.
Analisis Perlindungan Hak Pelaku Tindak Pidana Anak Dalam UU No. 11 Tahun 2012 Perspektif Teori Keadilan John Rawls Rofrofil Akmal, Ahmad Wildan; Erik Wibowo
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 1 (2025): April
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i1.159

Abstract

Criminal acts committed by children are increasingly frequent in Indonesia. The state is responsible for providing special protection for their rights. Law No. 11 of 2012 on the Juvenile Criminal Justice System was introduced as a state response to the need for a child-friendly justice system. This research aims to analyze the legal protection of children who commit criminal acts from the perspective of John Rawls' theory of justice. This study employs a normative legal method using statutory and conceptual approaches. Data sources were obtained through literature studies using primary and secondary legal materials such as legislation, academic literature, and journals. Law No. 11 of 2012 provides legal protection for child offenders through diversion mechanisms and the application of restorative justice. These measures are taken to avoid the imprisonment of children, protect their fundamental rights, and ensure a humane and educational judicial process. The government also emphasizes the involvement of the community and families in the child’s recovery process. The protection of children under Law No. 11 of 2012 aligns with the two main principles of John Rawls' theory of justice: the principle of equal liberty and the difference principle. Children, as a vulnerable group, are positioned as individuals whose rights must be guaranteed equally with other children and who must receive special treatment to ensure substantive justice. This law reflects a legal partiality toward children as the most disadvantaged group within the criminal justice system.
Kepastian Hukum Penerima Ganti Rugi Pengadaan Tanah: Studi Kasus Korupsi Tol Padang-Sicincin Levranda, Ruud Marino; Kurniawan, Lexy Fatharany
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 1 (2025): April
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i1.183

Abstract

Legal Certainty Of Recipients Of Land Acquisition Compensation: A Case Study Of Padang-Sicincin Toll Corruption. Land acquisition for public interest is essential for national infrastructure development but often faces legal challenges, particularly regarding the legal certainty of compensation recipients. This study explains the compensation payment procedures based on Law Number 2 of 2012 and Presidential Regulation Number 71 of 2012, and examines the potential for criminal liability among citizens in cases of irregularities. Using a normative legal method and a case study approach on the Padang-Sicincin Toll Road corruption case, the study finds that land acquisition involves four stages: planning, preparation, implementation, and result submission. Although mechanisms are designed to ensure fairness and accountability, weaknesses in verification and supervision can be exploited for unlawful acts, such as document falsification or fictitious claims. The Amir Hosen case illustrates that citizens who knowingly commit such acts can be held criminally liable, including as perpetrators of corruption.

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