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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 36 Documents
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Politik Hukum Pengaturan Ahli Waris Pengganti dalam Pasal 185 Kompilasi Hukum Islam: Analisis Normatif dan Implikasinya Terhadap Sistem Kewarisan di Indonesia Fu’ad, Asep; Rosadi, Aden; Saepullah, Usep; Husain
al-Battar: Jurnal Pamungkas Hukum Vol. 1 No. 3 (2024): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/e3fj4d24

Abstract

This research aims to analyze the concept of substitute heirs in Article 185 of the Compilation of Islamic Law (KHI) and its implications for the inheritance system in Indonesia. This research uses a normative juridical method with a legal political approach. This approach is used to explore the legal and policy background behind the arrangement of substitute heirs in KHI. The results show that although classical Islamic law, especially the Syafi'i school, does not recognize the concept of substitute heirs, KHI adopts a more inclusive approach. Article 185 of the KHI grants inheritance rights to descendants of heirs who have died before the testator, which is a political legal effort to achieve social justice in the context of Indonesian inheritance. Although this arrangement aims to create social justice, findings show that there are challenges in its acceptance in the community. Many Indonesians still hold strong customs and traditional understandings in the inheritance system. Therefore, more intensive socialization is needed to bridge the gap between the positive law and the local community's understanding of the prevailing inheritance system.
Tanggungjawab Hukum Institusi Rehabilitasi Medis Bagi Penyalahguna Narkoba Wahyudi; Mohamad Riyad Mintarja; Nuryamin; Farid, Diana; Abdulah Pakarti, Muhammad Husni; Surasa, Ais
al-Battar: Jurnal Pamungkas Hukum Vol. 1 No. 3 (2024): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/5ez93a65

Abstract

This research aims to measure the effectiveness of medical rehabilitation services provided by mandatory reporting institutions. Medical rehabilitation for drug addicts and substance abusers is a comprehensive effort aimed at freeing individuals involved in drug abuse from addiction. This rehabilitation can be carried out in healthcare facilities recognized and selected by the Ministry of Health, including Government and private healthcare facilities in collaboration with the government in providing drug rehabilitation services. Medical rehabilitation services play a crucial role in helping individuals who have committed legal violations reintegrate into society. This study adopts a qualitative research approach by implementing in-depth interviews with medical staff, rehabilitation participants, and institution supervisors. The research findings indicate that the effectiveness of medical rehabilitation services is significantly influenced by factors such as the competence of medical staff, the organized rehabilitation programs, support from various relevant parties, and hindering factors. The provision of medical rehabilitation services for drug addicts and substance abusers is regulated by the Minister of Health Regulation Number 4 of 2020 concerning the Implementation of Mandatory Reporting Institution, where Standard Operating Procedures have been well-established and defined to operate efficiently and optimally of medical rehabilitation services provided by Mandatory Reporting Institutions.
Penetrasi Konsep Hibah Sebagai Solusi Dalam Proses Pembagian Waris Diana Farid; Farid, Diana; Abdulah Pakarti, Muhammad Husni
al-Battar: Jurnal Pamungkas Hukum Vol. 1 No. 3 (2024): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/9td8h174

Abstract

An owner of property has the right to make grants to anyone, including his children, provided that the grant does not reduce the inheritance rights of other heirs. Grants that are given with the right conditions and fulfilled pillars are valid in law. However, there are restrictions in Islamic law regarding the granting of grants to heirs. This research aims to analyze the rights of heirs to grants and the limits of granting grants in Islamic law, Customary Law, and the Civil Code (BW), especially related to the protection of the rights of heirs. This research uses the literature study method by analyzing relevant legal sources, such as Islamic Law, Customary Law, and BW, to understand the provisions on grants and the division of inheritance. Grants given to heirs do not reduce their inheritance rights, as long as the grant does not exceed the stipulated limit, which is a maximum of 1/3 of the grantor's assets. This aims to protect the rights of heirs who could potentially be harmed by excessive grants. In addition, the principle of justice must be applied when grants are given to children or other heirs, to avoid imbalances in the distribution of inheritance. The maximum grant restrictions in Islamic Law, Customary Law, and BW aim to maintain the balance of heirs' rights and prevent harm to them. Although grants can strengthen relationships, it is important to comply with the legal limits to ensure that the rights of the heirs are not compromised. The existence of such restrictions also demonstrates the need for caution in making grants, especially when the grantor passes away and the distribution of the inheritance must be done.
Perspektif Hukum Islam Terhadap Perlindungan Data Pribadi Di Era Digital Damayanti, Desy; Naziha, Rahma Hasna; Surahman, Cucu
al-Battar: Jurnal Pamungkas Hukum Vol. 1 No. 3 (2024): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/xzd65n65

Abstract

The current digital era raises global issues on personal data protection, with many personal data leaks and weak legal frameworks. This research aims to explore the application of Islamic law to personal data protection by identifying challenges and opportunities. Descriptive qualitative method is used in this research to find out how Islamic values can be integrated in the legal framework of personal data protection. By collecting data through literature review and interviews, this study shows that the principles of Islamic law (maqasid al- sharia), emphasizing individual and public good provide a strong ethical and legal basis for the protection of personal data. However, integration with modern legal systems faces challenges, including low public awareness and technological gaps. Islamic legal principles such as hifzh al-'irdh and sadd dzari'ah have the potential to improve data protection policies, ensure fairness, and prevent harm in the digital age. The application of these principles offers a unique approach to creating a safer and more ethical digital culture. Islamic law provides an important contribution to the development of adaptive, ethical and comprehensive data protection policies, by encouraging collaboration between governments, communities and individuals.
Evolusi Hukum Waris dalam Perspektif Islam: Dari Masa Jahiliah Hingga Konsep Kewarisan Bilateral Hazairin Lestari, Dian
al-Battar: Jurnal Pamungkas Hukum Vol. 1 No. 3 (2024): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/gyzw3n30

Abstract

The Qur'an provides clear guidance on the matter of inheritance, as set forth in the Surah An-Nisa. The transfer of property from the deceased to the living in Islamic inheritance law is comprised of three elements: the heir, the inheritance, and the heirs. The scope of this research concerns the problem of the management and settlement of an estate, including the continuation of the rights and obligations of the deceased to the heirs left behind. This research will examine the development of inheritance arrangements in Islamic law. It will also examine the determination of Qath'i Ta'abbudi Inheritance, restrictions on Wasiat in Islamic Inheritance Law, the concept of justice in Islamic Inheritance Law and the Bilateral Inheritance Model in the perspective of Islamic Inheritance Law. This approach employs the philosophical tenets of Islamic family law to address contemporary concerns such as gender equality and the adaptation of family law in Islamic inheritance in modern society. This approach aims to explore the topic by aligning the main perspectives of Islamic inheritance in philosophy with related literature that supports a more comprehensive analysis. Furthermore, it seeks to comprehend the rationale, moral, and divine purpose behind the family law rules set out in the sharia. The settlement of the estate determines who is the heir, who is entitled to a share of the inheritance, how much their respective shares are, and how the provisions of the division of the inheritance are determined.
Efektivitas Penjatuhan Pidana Mati Terhadap Pelaku Tindak Pidana Narkotika Vikra, Zulfa Asma
al-Battar: Jurnal Pamungkas Hukum Vol. 1 No. 3 (2024): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/ysyrfc61

Abstract

This study aims to determine the urgency of imposing the death penalty against narcotics offenders and the effectiveness of imposing the death penalty in overcoming narcotics crimes in the jurisdiction of the Banjarmasin District Court. This research uses empirical legal research, namely research on primary data and secondary data. Primary data is obtained through written observations and interviews. While secondary data in the form of primary, secondary and tertiary legal materials collected by literature study. Then the data is processed and analyzed qualitatively. The results showed that the death penalty is still needed in the context of overcoming narcotics crimes, because the death penalty will have a psychological impact on the community not to commit narcotics crimes. Then the imposition of death penalty by the Banjarmasin District Court is less effective in the context of overcoming narcotics crimes.
Pengaturan Tentang Tanggung Jawab Pidana Pelaku Pengidap Gangguan Jiwa Yang Melakukan Tindak Pidana Pembunuhan (Tinjauan Terhadap Hukum Pidana Positif di Indonesia) Hidayati, Annisa
al-Battar: Jurnal Pamungkas Hukum Vol. 1 No. 3 (2024): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/fd02q720

Abstract

In accordance with the principle of the rule of law, every person who commits a criminal offense must be held accountable. However, criminal law as stipulated in Article 44 paragraph (1) of the Criminal Code that a mentally disturbed person who commits the crime of murder is juridically normative to eliminate his guilt so that he is free from criminal responsibility. However, Article 44 paragraph (1) of the Criminal Code does not clearly define how a person with mental disorder actually is, and this problem requires legal certainty. Therefore, this study aims to determine the criteria for a person with mental disorder as referred to in Article 44 paragraph (1) of the Criminal Code and the responsibility of a person with mental disorder who commits the crime of murder. This research uses normative legal research, namely research on secondary data in the form of primary, secondary, and tertiary legal materials collected through literature studies. Then the legal materials are processed and analyzed descriptively qualitative. The results showed that Article 44 paragraph (1) of the Criminal Code does not clearly determine the criteria for a person suffering from mental disorders. Then in principle, a person with mental illness who commits the crime of murder cannot be held criminally responsible, because his guilt is forgiven according to Article 44 paragraph (1) of the Criminal Code.
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.

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