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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 24 Documents
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Search results for , issue "Vol. 2 No. 3 (2025): Desember" : 24 Documents clear
Immigration Legal Politics Supporting IKN Development as a Global Economic Growth Hub Diatmika, Komang Trisna; Santiago , Faisal
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.v2i3.457

Abstract

The development of the Indonesian Capital City (IKN) as a national strategic project is aimed not only at relocating the center of government but also at establishing a new hub of global economic growth. This article aims to analyze the role of immigration legal politics in supporting investment inflows, the mobility of foreign experts, and diaspora participation in the development of the IKN. This study employs normative legal research using a statutory and conceptual approach, examining Law Number 6 of 2011 on Immigration, Law Number 3 of 2022 in conjunction with Law Number 21 of 2023 concerning the IKN, and Regulation of the Minister of Law and Human Rights Number 22 of 2023 on Visas and Residence Permits. The findings indicate that Indonesia’s immigration policy has undergone a paradigm shift from a purely supervisory function toward a selective and incentive-based approach that supports national development objectives. Instruments such as the Golden Visa, Limited Stay Permit (ITAS), and Permanent Stay Permit (ITAP) provide legal certainty for foreign investors, professionals, and the Indonesian diaspora, thereby facilitating capital inflows, technology transfer, and global connectivity for the IKN. However, the study also identifies challenges, including the potential misuse of residence permits, regulatory overlap between central authorities and the IKN Authority, and the need to balance economic openness with the protection of national sovereignty and local labor. This article concludes that the establishment of specific and harmonized immigration regulations for the IKN is essential to ensure legal certainty, effective supervision, and policy coherence. An adaptive and selective immigration legal strategy is crucial for positioning the IKN as a sustainable, competitive, and globally integrated economic center while safeguarding Indonesia’s national interests.
Legal Vacuum in Regulating the Status of Refugees and Asylum Seekers in Indonesia as a Consequence of Non-Ratification of the 1951 Convention and the 1967 Protocol Mulya, Ratna Pristiana; Sara, Rineke
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.v2i3.458

Abstract

There is a legal void concerning the status of refugees and asylum seekers because Indonesia has not yet joined the 1951 Convention on the Status of Refugees and its 1967 Protocol. Current national laws, especially Presidential Regulation No. 125 of 2016, provide only technical guidelines for administrative matters, such as shelter and inter-agency coordination, without regulating the substantive legal status or basic rights of refugees. This situation results in the absence of a national mechanism for determining refugee status and complete dependence on the United Nations High Commissioner for Refugees (UNHCR), ultimately weakening Indonesia's legal sovereignty. From a social, political, and economic perspective, the presence of refugees creates additional burdens for local governments, potential conflict with local communities, and challenges in international diplomacy, particularly with the refugees' final destination countries. Human rights aspects are also affected, as refugees often lack adequate access to education, health care, and employment, increasing their vulnerability. This article emphasizes the importance of normative steps such as ratifying the 1951 Convention and the 1967 Protocol, drafting specific legislation regarding refugees, improving inter-agency cooperation by working with global institutions like the International Organization for Migration (IOM) and the UNHCR. A human rights-based policy approach that consistently considers national security interests is a solution that can balance humanitarian moral obligations with state sovereignty. In this way, Indonesia is expected to be able to provide more comprehensive protection for refugees while maintaining its international reputation
Legal Implications of The Formation of Tourist Villages on Collective Community Rights In The Management of Community Based Tourism Destinations Rachmawati, Meida; Farid, Diana; Mohammad Altalahmeh, Nadeem Sami; Octivia, Annisa Elda; Murbani, Anastasia Wahyu
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.v2i3.464

Abstract

The establishment of tourist villages as a local development strategy has grown rapidly along with increasing awareness of the importance of community involvement in managing the tourism sector. Community-managed tourist villages serve not only as a means of economic development but also as an instrument for sustainable cultural and environmental preservation. However, this process poses legal challenges, particularly regarding the recognition and protection of community collective rights over local resources. The study aims to analyze the legal implications of the establishment of tourist villages on community collective rights, emphasizing the importance of participatory and equitable community-based governance. The method used is normative juridical research with a legislative and conceptual approach. The analysis was conducted on Law Number 6 of 2014 concerning Villages, Law Number 10 of 2009 concerning Tourism, and Regulation of the Minister of Villages, Development of Disadvantaged Regions, and Transmigration Number 7 of 2023, which stipulates the priority use of village funds, including for the tourism sector. The research results indicate that despite the existence of a supporting legal framework, there is still a gap between normative regulations and implementation in the field. The lack of harmonization between national and local regulations, weak oversight of village funds, and the risk of commercializing village assets without community involvement are key challenges. Strengthening village regulations, establishing fair cooperation mechanisms, and active community involvement are needed to ensure that tourism villages truly become spaces for strengthening collective rights and village independence.
Reformulation of Land Policy for the Resolution of Abandoned Land Issues in Urban Areas Kalyana, Lily; Budidarmo, Widodo
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.v2i3.492

Abstract

The problem of abandoned land in urban areas reflects the failure of equitable and sustainable agrarian governance. Despite the existence of legal frameworks such as the Basic Agrarian Law (UUPA), Government Regulation Number 20 of 2021 concerning the Regulation of the Utilization of Abandoned Land, and Presidential Regulation Number 62 of 2023 concerning the Acceleration of Agrarian Reform, the reality shows that the effectiveness of these regulations remains low, both at the normative and implementation levels. This article aims to analyze the urgency of reformulating land policy to address the problem of abandoned land in urban areas. This research employs a normative juridical method, combining a legislative and conceptual approach, to examine the ineffectiveness of existing positive law. The results indicate that the key issues lie in weak oversight, minimal synergy between the central and regional governments, and landowner resistance to redistribution. Furthermore, socio-economic factors reinforce the dominance of land as a commodity, rather than as a means of fulfilling basic community rights. Therefore, policy reformulation based on distributive justice and the social function of land is needed, including the development of a comprehensive agrarian reform law, digitizing the land system, and strengthening the role of civil society in policy oversight. This reformulation is expected to serve as a strategic instrument in achieving equitable access to land and fostering inclusive and equitable cities

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