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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 23 Documents
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Search results for , issue "Vol. 2 No. 3 (2025): Desember" : 23 Documents clear
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.
Legal Implications of Restorative Justice in Narcotics Crimes: Integrating Accountability and Rehabilitation Marquez, Neilpon Yulinar; Herman, KMS
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.v2i3.433

Abstract

Drug crimes are a form of crime that has a systemic impact on public health, security, and order. The conventional criminal justice system, which tends to emphasize imprisonment, has not been fully effective in addressing the root causes of drug abuse, especially for users. In light of this, the restorative justice concept has surfaced as a substitute that seeks to rebuild the community, victims, and offenders via communication and rehabilitation. This study examines the legal implications of implementing restorative justice for drug crimes to realize restorative justice and rehabilitation for perpetrators. Law Number 35 of 2009 concerning Narcotics, Supreme Court Regulation Number 4 of 2010, Attorney General Regulation Number 15 of 2020, and Law Number 1 of 2023 concerning the Criminal Code are examined using a normative method. The study's findings suggest that restorative justice is only appropriate for drug users who fulfill specific requirements, such as not being recidivists and having a limited amount of evidence. The implementation of this approach has had a positive impact on reducing overcrowding in correctional institutions and fulfilling offenders' human rights to rehabilitation. However, obstacles remain, such as limited explicit regulations in the Narcotics Law and a lack of adequate rehabilitation facilities. Policy reform and strengthening synergy between law enforcement agencies are crucial steps in expanding the comprehensive implementation of restorative justice in the future.
Dynamics of the South China Sea Dispute: Indonesia’s Position in Multilateral Diplomacy and the Enforcement of UNCLOS 1982 Sudibyo, Andin Wisnu; Richard
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.v2i3.435

Abstract

The South China Sea constitutes a strategically significant global region due to its vital role in international trade, natural resource potential, and regional geopolitical stability; however, it also remains a complex maritime dispute area arising from overlapping claims by several states, particularly China’s unilateral nine-dash line claim, which is inconsistent with the provisions of the United Nations Convention on the Law of the Sea (UNCLOS) 1982. Although Indonesia is not a direct claimant state, it possesses substantial strategic interests in safeguarding sovereignty, maritime security, and legal certainty under international law, especially with regard to its Exclusive Economic Zone (EEZ) in the North Natuna Sea. This study aims to analyze the dynamics of the South China Sea dispute from an international law perspective by focusing on Indonesia’s position in multilateral diplomacy and the enforcement of UNCLOS 1982. Employing a qualitative descriptive-analytical method, this research is based on doctrinal legal analysis of primary, secondary, and tertiary legal materials, including UNCLOS 1982, the 2016 arbitral award in Philippines v. China, official ASEAN documents, and contemporary scholarly literature. The findings indicate that while UNCLOS 1982 provides a clear and binding legal framework for maritime dispute settlement, its implementation faces significant challenges due to political considerations and geopolitical power dynamics. Indonesia consistently emphasizes the primacy of international law, strengthens multilateral diplomacy through ASEAN, and actively promotes the establishment of a legally binding Code of Conduct, thereby affirming its role as a normative actor contributing to regional stability and the enforcement of the international law of the sea.
The Dynamics of the Constitutional Court’s Authority in Determining Age Limit Requirements for Political Leadership Candidates Prasetyo, Rahmad; Richard
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.v2i3.436

Abstract

The Constitutional Court of Indonesia plays a central role in the national constitutional system through its authority to review statutory laws against the 1945 Constitution of the Republic of Indonesia, and one of the most debated constitutional issues in recent years concerns the Court’s authority to interpret and determine age limit requirements for political leadership candidates, particularly presidential and regional head candidates. Although such age requirements were originally regulated explicitly by statutory provisions, Constitutional Court decisions have significantly altered these norms, generating legal and political controversy and affecting the structure of Indonesia’s electoral system. This study aims to analyze the dynamics of the Constitutional Court’s authority in adjudicating cases related to age limit requirements for political leadership candidates and to examine the constitutional and democratic implications of these decisions. Employing a normative legal research method with a statute approach and a case approach focusing primarily on Constitutional Court Decision No. 90/PUU-XXI/2023—this study relies on primary legal materials such as the 1945 Constitution, election and regional governance statutes, and Constitutional Court rulings, as well as secondary materials from academic journals, books, and recent scholarly literature. The findings indicate that the Constitutional Court, in this decision, has gone beyond its traditional role as a negative legislator and has assumed characteristics of a positive legislator by effectively creating new legal norms through progressive constitutional interpretation, thereby raising concerns regarding the limits of judicial authority, the potential shift of legislative functions from the legislature to the judiciary, and the need to reinforce institutional checks and balances to maintain legal certainty and democratic legitimacy within Indonesia’s constitutional and electoral system.
The Dynamics of Land Ownership Rights under Indonesian Agrarian Law: Legal Certainty and the Challenges of Social Justice Effendi, Lutfi; Mandala, Subianta
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.v2i3.437

Abstract

Land ownership rights constitute the strongest, fullest, and hereditary form of land rights within the Indonesian agrarian legal system as regulated by Law Number 5 of 1960 concerning Basic Agrarian Principles (the Basic Agrarian Law). In practice, however, the regulation and implementation of land ownership rights have undergone significant dynamics influenced by regulatory developments, socio-economic conditions, and national land policies. Agrarian reform initiatives and sectoral regulatory changes are intended to promote legal certainty and equitable land distribution, yet they simultaneously give rise to complex legal issues, including agrarian conflicts, overlapping land titles, uncontrolled land conversion, and the proliferation of land mafia practices. This study aims to examine the legal position and characteristics of land ownership rights within Indonesian agrarian law, analyze the development of the regulatory framework governing such rights, and identify the principal challenges in achieving legal certainty and social justice for land rights holders. The research employs a normative juridical method using a statutory and conceptual approach, supported by a literature review of relevant legislation, scholarly books, and academic journals, with particular reference to the Basic Agrarian Law and Government Regulation Number 24 of 1997 on Land Registration. The findings indicate that although the existing legal framework is designed to provide legal protection and certainty through land registration mechanisms, its implementation remains constrained by institutional weaknesses and enforcement gaps. Accordingly, the study underscores the necessity of strengthening land administration systems, reforming agrarian regulations to respond to contemporary social and economic developments, and enhancing law enforcement to ensure that land ownership rights function not only as instruments of legal certainty but also as vehicles for social justice and sustainable development in Indonesia.
Comparison Of Islamic Inheritance Law System And Civil Inheritance Law In Realizing Justice And Legal Certainty In Indonesia Amrullah; Mandala, Subianta
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.v2i3.438

Abstract

A crucial component of the legal system that governs how the testator's posthumous assets are divided among his heirs is inheritance law. Indonesia now has two different systems of inheritance law in place: civil inheritance law and Islamic inheritance law. Islamic inheritance law is based on the Qur'an, Hadith, and the Compilation of Islamic Law (KHI), whereas civil inheritance law is regulated by the Civil Code (KUHPer). These two systems have differences principles, distribution mechanisms, and dispute resolution. These differences are often a source of problems in practice, especially for people between the two legal systems. Therefore, the purpose of this study is to compare Indonesian civil and Islamic inheritance laws in order to give a more thorough understanding of their traits, parallels, and divergences. The study employs a comparative legal perspective and a normative legal research methodology. The legal provisions found in both Islamic and civil law's inheritance-related laws and regulations are examined using the normative legal approach. To find the distinctions and parallels between the two legal systems, a comparative legal technique is also employed. This study's data sources include secondary legal documents like books and pertinent periodicals, as well as main legal materials like the Indonesian Compilation of Laws, the Civil Code, and other laws. It is anticipated that this study will aid in the development of Indonesian inheritance law, particularly by offering suggestions for initiatives to unify civil and Islamic inheritance laws in order to establish legal clarity and fairness in the distribution of inheritance in society
Implementation Of Criminal Sanctions Against Companies Violating Provincial Minimum Wages From The Perspective Of John Rawls' Theory Of Justice Cahyadi, Dedy; Soesatyo, Bambang
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.v2i3.439

Abstract

 Violation of the Provincial Minimum Wage (UMP) provisions by companies is still a labor problem in Indonesia. Although there are regulations governing the obligation of companies to pay minimum wages and criminal sanctions for violators, implementation in the field still shows many obstacles, such as weak supervision, low deterrent effect of sanctions, and legal loopholes that allow companies to avoid these obligations. This study uses a normative legal method with a statutory and conceptual approach to analyze the effectiveness of criminal sanctions against companies that violate the UMP based on John Rawls' Theory of Justice. The results show that the existing sanction system does not fully reflect the principle of substantive justice because it does not provide maximum protection for the most vulnerable workers (least advantaged). Therefore, reforms are needed in the law enforcement system, including increasing the capacity of labor inspectors, implementing stricter sanctions based on the company's economic scale, and direct compensation mechanisms for workers who experience violations. Thus, the implementation of the UMP policy can better reflect the principles of social justice and fair distribution from the Rawlsian perspective
State Responsibility in Safeguarding the Integrity of Digital Land Records against Manipulation and Cyber Attacks Fermana, Rikky; Basuki, Septa Agung Rahayu; Kurniawan , Fajar; Zarnudin , Muhammad
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.v2i3.440

Abstract

The digital transformation of land administration in Indonesia enhances efficiency and transparency, particularly through the implementation of electronic land certificates by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN). However, the shift to digital land records also raises serious legal challenges related to data integrity and authenticity amid increasing risks of manipulation and cyber attacks. Existing legal scholarship has predominantly addressed the formal validity of electronic documents and procedural aspects of digital land registration, while insufficient attention has been given to the state’s legal responsibility in safeguarding the integrity of digital land records within an integrated framework of land law, information technology law, and data protection. This study aims to examine the scope of state responsibility in protecting digital land records from cyber threats and to assess the adequacy of the prevailing regulatory framework in ensuring legal certainty of land rights. Using normative legal research with statutory and conceptual approaches, this study analyzes key regulations, including the Electronic Information and Transactions Law, the Personal Data Protection Law, Government Regulation Number 18 of 2021, and the Regulation of the Minister of ATR/BPN on Electronic Certificates. The findings indicate that the state has a constitutional obligation to ensure the integrity of digital land records as part of citizens’ right to legal certainty under Article 28D paragraph (1) of the 1945 Constitution. Nevertheless, challenges persist in regulatory harmonization, institutional coordination, cybersecurity preparedness, and human resource capacity. Therefore, strengthening state responsibility requires coherent regulatory integration, effective inter-agency coordination, enhanced cybersecurity measures, and the adoption of advanced technologies such as blockchain to maintain the integrity and authenticity of digital land records in a sustainable manner.
Reconceptualizing Legal Protection of the Human Mind and Nervous System in the Era of Brain Computer Interface Technology Santoso, Joko Hadi; Syahri , Ahmad; Hitanaki , Adzkia; Ekaningsih , Lailasari
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.v2i3.444

Abstract

The rapid development of Brain–Computer Interface (BCI) technology enables direct interaction between the human brain and computational systems, offering substantial benefits in healthcare, education, and human capability enhancement. However, this technology also poses serious risks to the integrity of the human mind and nervous system, particularly through potential manipulation, unauthorized access to neural data, and violations of cognitive freedom. This study aims to reconceptualize the legal protection of the human mind and nervous system within the Indonesian legal framework in response to the emerging risks of BCI misuse. Employing normative legal research with a statutory and conceptual approach, this study analyzes Indonesian legal instruments, including human rights, personal data protection, electronic information, and health regulations, in conjunction with the evolving concept of neurorights. The findings reveal a significant normative gap, as existing regulations provide only fragmented and indirect protection and do not explicitly recognize neurodata or cognitive rights as distinct legal interests. Consequently, legal certainty and effective protection against BCI misuse remain inadequate. This study concludes that Indonesia urgently needs progressive legal reform by recognizing neurodata as a special category of sensitive data, explicitly incorporating neurorights into its legal system, and establishing a binding ethical and legal framework for neurotechnology. Such reconceptualization is essential to ensure that technological advancement aligns with the protection of human dignity, mental autonomy, and freedom of thought in the neurodigital era.
Strengthening Legal Protection Against Below Minimum Wages Based on the Principle of Morality Amiruddin, Sulaiman; Soesatyo, Bambang
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.v2i3.445

Abstract

This study examines legal protection for workers receiving wages below the minimum wage in Indonesia by analyzing Government Regulation Number 51 of 2023 on Wages and Law Number 6 of 2023 concerning Job Creation. Employing a normative legal research method with a statutory and conceptual approach, this research evaluates wage regulation and enforcement through Lon L. Fuller’s principle of legal morality, particularly focusing on legal clarity, consistency, certainty, and conformity between regulation and implementation. The findings indicate that although the existing legal framework formally guarantees workers’ rights to decent wages and provides sanctions for violations, its effectiveness remains limited due to weak labor supervision, inconsistent enforcement, regulatory ambiguities, and low employer compliance. From the perspective of legal morality, these deficiencies undermine the moral integrity of wage law, as regulations often fail to function effectively in practice. Therefore, this study argues that strengthening legal protection requires comprehensive policy reform, stricter and more consistent sanctions, optimization of labor inspection mechanisms, and empowerment of workers and trade unions to ensure that minimum wage regulations operate justly and effectively in safeguarding workers’ welfare.

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