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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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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.
Dampak Perceraian Orangtua terhadap Pembentukan Kepribadian Santri: Studi di Dayah Liqaurrahmah, Tungkop Hafizh, Ichsan; Abdullah, Suarni; Adnan, Boihaqi bin
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 3 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i3.379

Abstract

This study aims to analyze the factors that cause parental divorce from students in Dayah Liqaurrahmah, Tungkop, and examine the negative impact of divorce on the academic, social, and emotional development of students. The background of this research departs from the increasing number of divorce cases in society that also affect the lives of children, including those who study in Islamic boarding schools. The research method used is descriptive qualitative with a sociological-empirical approach. The data was collected through in-depth interviews with three students of Dayah Liqaurrahmah, Tungkop, whose parents have divorced. The analysis was carried out thematically to identify the social and emotional patterns that arise after parental separation. The results of the study show that the main factors causing divorce include protracted domestic conflicts, imbalances in roles and responsibilities, differences in life principles, and weak communication between couples. This condition has a significant impact on children, especially in the form of decreased motivation to learn, changes in social behavior, feelings of loss of emotional support, and tension in family relationships. Parental divorce has a complex negative influence on the psychosocial welfare of students. In addition, there is a need for psychological assistance and continuous counseling in the pesantren environment, increasing the role of supervisors in detecting changes in student behavior, and cooperation between dayah and families to create a stronger emotional support system for children who are victims of divorce.

Page 4 of 4 | Total Record : 36

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