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Contact Name
Muhammad Husni Abdulah Pakarti
Contact Email
cendekiagagayunanindonesia@gmail.com
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+6281324943904
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admin@journal.yayasancgi.com
Editorial Address
Jl. Raya Banjar - Pangandaran No.427, Kertahayu, Kec. Pamarican, Kabupaten Ciamis, Jawa Barat 46361
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Kab. ciamis,
Jawa barat
INDONESIA
Al-battar: Jurnal Pamungkas Hukum
ISSN : -     EISSN : 30638895     DOI : https://doi.org/10.63142/9td8h174
Core Subject : Education, Social,
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
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.
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.

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