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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 10 Documents
 1 
Search results for , issue "Vol. 2 No. 2 (2025): Agustus" : 10 Documents clear
Muhammad Abduh and the Conception of Science: The Framework of Maqasid and Sharia Amir, Ahmad Nabil; Rahman, Tasnim Abdul; Houshisadat, Seyed Mohammad; Badrudeen, Musa Adebayo
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 2 (2025): Agustus
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i2.167

Abstract

This research uses a qualitative method with a library research approach and biographical analysis. Data were collected from Abduh's major theological and scientific works, such as Al-Islām wa al-Naṣrāniyyah ma'a al-'Ilm wa al-Madaniyyah, Tafsīr al-Manār, Tafsīr Juz 'Amma, and Risālat al-Tawḥīd, and supported by relevant secondary literature. The analysis was carried out by examining the main themes related to rational thought, the integration of science and religion, and Abduh's contribution to Islamic modernity. The results of the study show that Abduh made an important contribution in developing a scientific approach to religious texts, especially through the interpretation of the Qur'an which emphasizes the superiority of reason ('aql), freedom of thought (taḥarrur), and rationality. His views not only integrated modern science with Islamic values, but also encouraged the revival of intellectual consciousness and the formation of a dynamic Islamic worldview (weltanschauung). In conclusion, Muhammad Abduh's scientific thought became an important foundation for the renewal of modern Islam. His ideas not only strengthened the rational approach to understanding religious texts, but also provided a new direction for the development of Islamic civilization that was able to dialogue with the progress of science and technology without losing the essence of its spirituality.
The Construction of Islamic Law on Marriage: A Normative Study of Rights, Harmony, and Its Limits Abdulah Pakarti, Muhammad Husni; Wahyudi, Wahyudi; Ah. Fathonih; Rasyid, Fauzan Ali; Husain, Husain; Diana Farid
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 2 (2025): Agustus
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i2.172

Abstract

Marriage in Islam is a social and spiritual institution that has a strong legal dimension. Islamic law regulates marriage comprehensively, starting from the pillars and conditions, objectives, to the annulment of marriage. Understanding the concept of Islamic marriage law is very important to ensure the continuity of family life in accordance with Islamic law and moral values. This research uses a qualitative-descriptive approach with a library research method. Data were collected through a review of primary and secondary sources, such as the Qur'an, hadith, classical and contemporary fiqh books, as well as Islamic legal literature and relevant legislation, including the Compilation of Islamic Law (KHI). It was found that the law of marriage in Islam includes five kinds of laws based on individual conditions: obligatory, sunnah, permissible, makruh, and haram. A valid marriage according to Islam must fulfill five main pillars, namely the prospective husband, prospective wife, guardian, two witnesses, and ijab qabul. The rights and obligations of husband and wife are regulated proportionally to maintain family harmony. Islam also establishes prohibitions on marriage in order to maintain the sanctity of the relationship and accommodate the resolution of household conflicts through divorce, khulu', and fasakh. The concept of marriage law in Islam emphasizes the importance of justice, responsibility, and protection of the human rights of each partner. These values have high relevance in the dynamics of modern life and become a strong normative foundation in the formation of a sakinah, mawaddah, wa rahmah Muslim family. In addition, the flexibility of Islamic law in responding to social situations makes it relevant to be applied in pluralistic national and international legal systems.
Pengembangan Kebijakan Penyelenggaraan Haji Berbasis Pada Kepentingan Jamaah Muchamad Ikbal; Aden Rosadi; Usep Saepullah; Nuryamin, Nuryamin; Mahas, Nurul Hudayanti
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 2 (2025): Agustus
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i2.173

Abstract

This research discusses the development of policies for the implementation of the hajj in Indonesia that is oriented towards the interests of pilgrims. As the country with the largest number of pilgrims in the world, Indonesia faces various challenges in providing efficient, accountable, and responsive services. The purpose of this study is to analyze the implementation of the Hajj implementation policy based on the regulatory framework, especially Law No. 8 of 2019, as well as evaluate the effectiveness of its implementation in fulfilling the rights of pilgrims. This study uses a qualitative approach with a literature study method. The analysis was carried out on relevant policy documents, regulations, evaluative reports, and academic literature. The theoretical approach of public policy and excellent service is used as a basis for analysis in examining the dimensions of public services, the development of hajj officers, and fund governance by the Hajj Financial Management Agency (BPKH). The results of the study show that although there has been some progress in regulatory and institutional aspects, challenges such as complex bureaucracy, limited human resource capacity, and lack of transparency and public participation are still the main obstacles. However, there is potential for improvement through systemic reforms that emphasize management transparency, increased professionalism of officers, and the involvement of pilgrims in the evaluation process. In conclusion, the policy orientation that is in favor of the pilgrims not only ensures the safe and comfortable implementation of the hajj, but also reflects the state's commitment to fulfilling the constitutional rights of citizens. The strategic recommendations in this study are expected to be constructive input for policy makers in realizing more inclusive and sustainable Hajj governance.
Perlindungan Hukum Bagi Pemegang Saham Minoritas dalam Kasus Sengketa Perusahan Wahyudi, Wahyudi; Muhammad Tauvic Annur; Safitri, Nuri; Sakirah, Sakirah
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 2 (2025): Agustus
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i2.233

Abstract

Legal protection for minority shareholders in corporate disputes is a crucial aspect in maintaining the principles of fairness and balance in corporate governance. Minority shareholders are often in an unbalanced position due to the dominance of majority shareholders in strategic decision-making. This study aims to analyze the forms of legal protection available to minority shareholders in Indonesia and evaluate the effectiveness of their implementation. The research method used is normative juridical with a legislative approach, literature study, and case analysis. The results of the study show that there are two main forms of legal protection, namely preventive (through the right to information, the right to vote in the GMS, and the right to object) and repressive (through the right to sue, arbitration mechanism, and mediation). However, the effectiveness of this protection is still constrained by the dominance of majority shareholders, limited access to information, and low legal awareness among minority shareholders. The discussion in this article highlights the need to strengthen regulations, increase corporate transparency, legal education, and optimize non-litigation dispute resolution to create a fairer and more functional legal protection system for minority shareholders.
Hukum Keluarga Islam di Arab Saudi: Dinamika, Tantangan, dan Arah Reformasi Hany Khairunnisa Kobat; Maila Lidinia; Nesi Alia Putri; Azmi, Alray Habib; Muhammad Abrar; Aulil Amri
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 2 (2025): Agustus
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i2.266

Abstract

This journal aims to specifically examine Islamic Family Law in Saudi Arabic, including history, legal sources, and basic matters such as marriage, inheritance, divorce, wills adoption, and waqf. The method used is a literature study of Islamic legal literature and regulation and schools of tought based on the Al-Qur’an and Hadist. The result of study indicate that Arab Islamic Family Law has undergone significant changes, especially since the establishment of the kingdom of Sa’ud Ibn Muhammad Ibnu Mukran. However, challenges still exist in society, public understanding, and critism of sereval provisions that are considered gender biased. Legal reform and contextualization are still needed so that Islamic family law can provide more equitable justice for all Muslims In Saudi Arabia. Local people tend to follow the Imam Hambali and Sunni schools of tought, this is why the are differences in every challenge that occurs in society.the exictence of regulation on marriage provides certainty, maintains sharia so that it is maintained, creates order, and maintains stability in the household. This reflects the existing values that remain in sync with the very strong and diverse Saudi Arabian culture, especially regarding the rights and obligations of men and women in building a household. The legal system used still uses both traditional and modern legal system.
Law Enforcement Against Online Gambling Promoters in Indonesia Faisal Tanjung; Wahyudi, Wahyudi; Wulandari, Listiyani; Rumalowak, Asri
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 2 (2025): Agustus
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i2.251

Abstract

The development of technology is experiencing very rapid growth. One of them spreads to advertising activities where the advertising activities carried out become more effective and directed. However, these activities are also used by certain parties so that they become negative, such as online gambling advertising. Online gambling is also currently increasingly prevalent, one of which is caused by promoters who promote or advertise online gambling. The purpose of writing this scientific paper is to find out about law enforcement against online gambling promoters and the efforts of the Ministry of Communication and Information Technology (Kominfo) or which has now changed its nomenclature to the Ministry of Communication and Digital (Komdigi) in eradicating advertising content from online gambling. The methods used are historical approaches and legislative approaches. As a result of this writing, online gambling promoters are charged with article 27 paragraph 2 of Law Number 1 of 2024 and article 45 paragraph 3 of Law Number 1 of 2024 and the efforts of the Ministry of Communication and Information Technology (Kominfo) or which has now changed its nomenclature to the Ministry of Communication and Digital (Komdigi) in eradicating advertising content from online gambling have made their best efforts.
Legitimasi Hukum dan Ketimpangan Gender dalam Isbat Nikah Anak: Studi Putusan PA Tasikmalaya Nomor 283/Pdt.P/2024/PA.Tmk Supartini, Titing Oting; Rahtikawati, Yayan; Rumagia, Supriati
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 2 (2025): Agustus
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i2.287

Abstract

Marriages that are not officially registered are still a legal issue in Indonesia, especially when it involves minors. This research aims to analyze the Decision of the Tasikmalaya City Religious Court Number 283/Pdt.P/2024/PA. Tmk related to the application for isbat nikah involving child marriage, reviewed from a legal and gender perspective. The research method used is a normative juridical approach with the study of judgments as the main object of analysis, complemented by a review of the legal and gender literature. The results of the study show that legally, the ruling provides legitimacy to the marital status and legal protection for children born of the marriage. However, from a gender perspective, this case reflects the weak implementation of protection for girls, in the midst of efforts to increase the minimum age of marriage through Law Number 16 of 2019. The discussion highlighted the negative impact of child marriage on women, including limited access to education, increased reproductive health risks, and unequal power relations in households. These findings underscore the urgency of strengthening regulations related to marriage dispensation and the need for comprehensive legal education to prevent the practice of child marriage and ensure the protection of women's and children's rights in a fair manner.
Maintaining Nasab in the Flow of Legal Reform: An Analysis of Saddu Dzariah and the Inheritance Rights of Children from Unrecorded Marriage in Indonesia Alfarid, Izzuddin; Teguh Dwi Cahyadi
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 2 (2025): Agustus
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i2.310

Abstract

Marriages that are not officially registered (sirri) cause problems in the national legal system, especially regarding the determination of the nasab and inheritance rights of children born. The Constitutional Court Decision No. 46/PUU-VIII/2010 grants civil recognition to out-of-wedlock children against their biological fathers, which juridically expands legal protection. However, this provision creates normative tension with the principles of Islamic law that emphasize the importance of clarity of nasab through legal marriage. This study aims to analyze the relevance and application of the concept of saddu dzariah in the context of the distribution of inheritance for children from unrecorded marriage. The method used is qualitative with a normative and descriptive-analytical approach. Data was collected through literature studies that included court decisions, laws and regulations, classical fiqh books, and contemporary legal literature as primary, secondary, and tertiary sources. The results of the study show that the concept of saddu dzariah plays a preventive mechanism in maintaining the clarity of the nasab and preventing the social harm (mafsadah) caused by the practice of unrecorded marriage. Although national law prioritizes substantive justice, this principle remains relevant as a moral and spiritual basis in the formation of Islamic inheritance norms that are in line with the main purpose of sharia (maqasid sharia). These findings underscore the importance of integration between positive law and Islamic law principles in building a fair and sustainable inheritance law system.
Strengthening Democratic Values Through Public Information Services: The Role Of Regional PPID Officials In Cilegon City Ibrohim, Ibrohim; Ali, Muhammad; Casnika, Casnika; Jha, Gautam Kumar
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 2 (2025): Agustus
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i2.342

Abstract

The purpose of this study is to explain the role of the Information and Documentation Management Officer (PPID) of the Regional Public Agency in Cilegon City, Banten Province, the Cilegon City public agency which consists of the PPID of the Regional Apparatus Organization (OPD) which carries out executive functions in the region. In its history, the Cilegon City Government in 2019 had the lowest score in delivering information, namely with a score of 60.34 with a fairly informative qualification from all cities and districts in Banten Province, but in 2023 it was ranked 3rd after Serang Regency, this indicates the need for efforts to strengthen the role of PPID especially in Cilegon City. The method used in this study uses normative legal research, namely by using a data analysis approach with a study of statutory regulations (statute approach), the data analysis used is by using descriptive analysis, namely analyzing statutory regulations and comparing them with legal events based on their implementation. The results of the study explain that the role of PPID is very important to support information and documentation in the regions, especially the city of Cilegon, and the consequences for PPID public bodies that do not convey information transparently can have legal consequences, the legal settlement process can be carried out in two ways, namely through litigation and non-litigation.
Menjaga Keabadian atau Memenuhi Kebutuhan? Dilema Penjualan Aset Wakaf dalam Perspektif Fiqih Azhima, Ahmad Fauzan; Irsan, Irsan; Aslati , Aslati
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 2 (2025): Agustus
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i2.348

Abstract

The productivity of waqf assets is crucial for ensuring their long-term benefits. However, many nazir face limited operational funds for maintenance and development. This situation raises a dilemma: can the partial sale of waqf assets for operational purposes be justified, while the principle of perpetuity in Islamic jurisprudence strictly prohibits the transfer of ownership except in cases of necessity? Previous studies have largely examined istibdal in the form of exchanging unproductive assets, leaving a research gap regarding the sale of waqf assets to sustain institutional operations. This study employs a library research method with a doctrinal legal research approach and comparative fiqh analysis, supplemented by a statutory approach to Indonesian waqf legislation. The data sources consist of classical fiqh texts from the four major schools of thought as well as contemporary literature on Indonesian waqf regulations. The analysis is framed within maqashid al-shariʿah and the principle of necessity. The findings indicate that the sale of waqf assets for operational purposes is fundamentally prohibited for three main reasons: (1) it contradicts the principle of perpetuity; (2) as long as the assets remain beneficial, their sale is impermissible according to the majority of jurists; and (3) alternative solutions exist without resorting to sale. Nevertheless, this issue is not only normative but also has significant implications for national waqf governance. Therefore, collective ijtihād and stronger collaboration between the Indonesian Waqf Board (BWI), the Indonesian Council of Ulama (MUI), and Islamic financial regulators are required to establish technical standards for istibdal.

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