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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 10 Documents
 1 
Search results for , issue "Vol. 3 No. 1 (2026): April" : 10 Documents clear
Childfree as a Modern Life Option: An Analysis of Islamic Law and Psychology on Contemporary Social Phenomena Abdulah Pakarti, Muhammad Husni; Suntana, Ija; Fahmi, Irfan; Supriatna, Encup; Yessimkulov, Yernar
al-Battar: Jurnal Pamungkas Hukum Vol. 3 No. 1 (2026): April
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v3i1.434

Abstract

The phenomenon of childfree or the conscious decision not to have children is becoming an increasingly prominent social issue in modern society, including in Indonesia. This decision gave rise to normative, moral, and psychological debates in society based on religious values. This study aims to analyze the phenomenon of childfree from the perspective of Islamic law and psychology, in order to understand how this life choice can be accepted or rejected within the framework of religious values and individual psychological well-being. The research uses a qualitative approach with the library research method through descriptive analysis of Islamic legal literature, maqāṣid al-syarī'ah theory, and studies of modern psychology and Islamic psychology. The results of the study show that in Islamic law, childfree can be categorized as a decision that is mubah as long as it is based on considerations of benefits such as health, emotional stability, or economic factors, and does not contradict the principles of maqāṣid al-syarī'ah. From a psychological perspective, these decisions are closely related to the factors of mental readiness, social pressure, and the need for self-actualization that reflect the process of finding a balance in life and personal happiness. Meanwhile, from the socio-religious side, this phenomenon still causes stigma because it is considered deviant from cultural norms and religious values that place children as a symbol of family success. Thus, the phenomenon of childfree requires a holistic and moderate approach in order to understand the proportionate relationship between individual freedom, social welfare, and Islamic spiritual values.
Analysis of Law Number 23 of 2004 Concerning The Eliminator of Domestic Violence In Indonesia Sahrudi, Ahmat; Asari, Abdul Parid; Anwar, Syahrul; Lajaunie, Claire; Nasir, Naimah Mohamad
al-Battar: Jurnal Pamungkas Hukum Vol. 3 No. 1 (2026): April
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v3i1.443

Abstract

The phenomenon of domestic violence (KDRT) in Indonesia is a serious problem that is not only in the private sphere, but also reflects human rights violations and criminal acts. This study aims to analyze the position, substance, and implementation of Law Number 23 of 2004 concerning the Elimination of Domestic Violence (PKDRT Law) in the national legal system. The method used is normative juridical research with legislative, conceptual, and court decision analysis approaches as the main study material. The results of the study show that the PKDRT Law has a strategic role in expanding the definition of domestic violence, including physical, psychological, sexual, and neglectful violence. In addition, this law provides comprehensive victim protection instruments, such as protection orders, legal assistance, and recovery services. Analysis of court decisions indicates that judges have consistently used the PKDRT Law as a basis for legal considerations, although there are variations in the juridical and sociological approaches used in deciding cases. However, the implementation of the PKDRT Law still faces various challenges, such as a strong patriarchal culture, social stigma against victims, and limited access to legal services and protection. Therefore, it is necessary to strengthen synergy between law enforcement agencies, increase public awareness, and optimize victim protection services to ensure the effectiveness of the implementation of the PKDRT Law in ensuring justice and protection for victims of domestic violence.
Optimizing Asset Recovery in Corruption Cases: Evaluating Indonesia’s Legal Framework and the Need for Non-Conviction Based Forfeiture Samosir, Marlina; Loin, Raymundus; Farid, Diana; Hanafi, Hanira; Boumpa, Anna
al-Battar: Jurnal Pamungkas Hukum Vol. 3 No. 1 (2026): April
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v3i1.463

Abstract

Corruption is categorized as an extraordinary crime that causes great losses to state finances, so it is not enough to overcome it only through corporate criminalization, but must also be oriented towards asset recovery. This study aims to analyze the effectiveness of the asset forfeiture mechanism in corruption crimes based on laws and regulations in Indonesia and identify the urgency of legal reform to increase the optimization of asset returns. This research uses a normative legal method with a statute approach and a conceptual approach. The data used is secondary data consisting of primary legal materials in the form of laws and regulations, such as the Criminal Code, Law Number 31 of 1999 jo. Law Number 20 of 2001, as well as Law Number 1 of 2023, and secondary legal materials in the form of scientific literature and legal doctrine. Data analysis was carried out qualitatively by examining the conformity of legal norms with the principle of effectiveness in recovering state losses. The results of the study show that the asset forfeiture mechanism in Indonesia's positive law is still dominated by the conviction based forfeiture model which depends on the main criminal verdict. This condition creates various limitations, such as a high burden of proof, a long process, and a legal loophole for perpetrators to hide or transfer assets resulting from corruption. As a result, the effectiveness of recovering state losses has not been optimal. Thus, legal reform is needed through strengthening asset forfeiture regulations, including the development of a non-conviction based asset forfeiture mechanism, in order to increase the effectiveness of asset recovery and strengthen efforts to eradicate corruption in Indonesia.
The Wife's Duty to Take Care of the House: A Critical Study of the Perspective of Nāṣiruddīn Al-Albānī Adlimi, Arsyil; Khairani, Khairani; Haqi, Boihaqi; Hussain, Umi Hasheida; Al-Turabi, Uthman Mehdad
al-Battar: Jurnal Pamungkas Hukum Vol. 3 No. 1 (2026): April
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v3i1.484

Abstract

This article examines the wife's obligations in managing household chores from the perspective of Nasiruddin Al-Albani, highlighting the tension between classical normative constructions and the dynamics of contemporary family relations. This study uses a normative legal approach through a conceptual method, by examining Al-Albani's works as primary legal sources, supported by secondary and tertiary legal materials. The analysis is conducted in a prescriptive-critical manner to assess the relevance of this view in a modern social context. The results show that Al-Albani affirms the wife's obligation to manage domestic chores as a consequence of the marriage contract, based on the evidence of the Qur'an, hadith, and historical practices. However, when measured against contextual parameters such as changing gender roles, women's economic participation, and the principle of relational justice in the family, this view shows limited relevance. This study recommends a normative reinterpretation that emphasizes the principles of musharaka (cooperation) and ta'awun (mutual assistance) between husband and wife in managing the household.
The Role of the Aceh Truth and Reconciliation Commission in Efforts to Restore the Rights of Conflict Victims in Aceh Delfian, M. Luthfi; Fahmi, Chairul; Muslem, Muslem; Hussein, Safinaz Mohd; Rahmah, Shafiyah
al-Battar: Jurnal Pamungkas Hukum Vol. 3 No. 1 (2026): April
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v3i1.485

Abstract

The armed conflict in Aceh for nearly three decades has had serious impacts on civil society, including family loss, psychological trauma, poverty, and limited access to justice. The establishment of the Aceh Truth and Reconciliation Commission (KKR) is an important effort in the framework of transitional justice to uncover the truth and restore victims' rights. However, the cancellation of Law Number 27 of 2004 concerning KKR by the Constitutional Court erased the basis of national law, thereby weakening the state's responsibility in the recovery of victims. This study aims to analyze the role of the Aceh KKR in restoring victims' rights and the impact of the repeal of the law on the effectiveness of recovery. This study uses an empirical-normative method with a legislative and sociological approach. Primary data were obtained through in-depth interviews with three families of conflict victims in Blang Bintang District, Aceh Besar, while secondary data came from academic literature, laws and regulations, and reports from human rights institutions. The analysis was carried out qualitatively to understand the relationship between the legal framework and the social reality of the victim. The results of the study show that the Aceh KKR carries out recovery through disclosure of the truth, reparation recommendations, and social reconciliation. However, the absence of national legal support creates legal uncertainty, administrative barriers, and psychological burdens for victims. Thus, the Aceh KKR plays an important but limited role in the national legal vacuum. Therefore, this study recommends strengthening the national legal framework that supports transitional justice as well as the implementation of effective and sustainable reparations for conflict victims.
Income Tax Reform under HPP Law: Implications for Tax Justice and Legal Certainty in Indonesia Kusnan, Dinda Zilfattisa
al-Battar: Jurnal Pamungkas Hukum Vol. 3 No. 1 (2026): April
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v3i1.487

Abstract

This study aims to analyze juridically the changes in Income Tax provisions introduced by Law Number 7 of 2021 on the Harmonization of Tax Regulations and their implications for the principles of tax justice and legal certainty within Indonesia’s tax system. This research employs a normative legal method using statutory and conceptual approaches, based on primary legal materials in the field of taxation and relevant secondary sources, analyzed qualitatively through deductive reasoning. The findings reveal that the reform of Income Tax under the HPP Law not only modifies the tariff structure and expands the tax base compared to the previous framework under Law Number 36 of 2008, but also reconstructs incentive policies and strengthens tax administration and supervision. Juridically, these changes reflect the state’s effort to establish a more equitable and adaptive income tax system, particularly through progressive rate adjustments and the reinforcement of anti-avoidance rules. Nevertheless, the rapid normative transformation raises challenges concerning legal certainty and consistent implementation. Therefore, this study recommends the development of coherent implementing regulations, sustained public dissemination, and proportional law enforcement to ensure that the objectives of income tax reform are effectively achieved.
Child Custody in Divorce of Husband Abandonment: Judge's Subjectivity Based on the Benefit of the Child Determination No. 310/Pdt.G/2023/MS. Bna Marta, Rahma Fitria; M. Yunus, Fakhrurrazi; Fithria, Nurul; Uchime, Ozioma Victoria; Afiqah Daud, Nur Farahin
al-Battar: Jurnal Pamungkas Hukum Vol. 3 No. 1 (2026): April
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v3i1.490

Abstract

Divorce due to husband neglect is a family problem that has a significant impact on the protection of children's rights, especially in the determination of custody (hadhanah). This condition requires legal considerations that put the best interests of children as the top priority. This research focuses on the Decision of the Banda Aceh Syar'iyah Court Number 310/Pdt.G/2023/MS. Bna to examine the extent of the judge's consideration in determining child custody in the case of husband neglect. The purpose of this study is to analyze the basis of the judges' deliberations and assess them from the perspective of Islamic law. This study uses a qualitative method with a normative juridical approach. Data was obtained through a literature study that included analysis of court decisions, laws and regulations, and relevant fiqh literature. The data was analyzed descriptive-analytically to identify the suitability between judges' considerations, positive legal norms, and Islamic legal principles in determining child custody. The results of the study showed that the panel of judges determined the right of hadhanah to the mother with the consideration that the husband was proven to have committed neglect, did not provide maintenance, and did not meet the moral feasibility in raising children. This consideration is in line with the provisions of Article 105 of the Compilation of Islamic Law and the principle of the welfare of children in Islamic law. Thus, the ruling reflects the harmonization between positive law and Islamic law in ensuring the best protection for children after divorce. Therefore, this study recommends that courts consistently prioritize the principle of the best interests of the child and strengthen benefit-based considerations in every custody decision in family neglect cases.
Legal Responsibility of Livestock Owners for Crop Damage: An Analysis of Article 84 (1) Qanun No. 3/2013 in Pidie Jaya Farisyi, Alvi; Syuib, M.; Iqbal, Muhammad; Liu, Ming Chou
al-Battar: Jurnal Pamungkas Hukum Vol. 3 No. 1 (2026): April
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v3i1.507

Abstract

The formulation of qanun as a regional legal product should not only regulate administrative matters but also accommodate the living law within society. Article 84 paragraph (1) of Qanun of Pidie Jaya Regency Number 3 of 2013 recognizes that disputes related to livestock and animal health may be resolved through customary mechanisms. However, this recognition raises normative problems because it is not accompanied by clear regulations regarding implementation mechanisms, institutional integration, or the legal status of customary dispute settlements within the formal legal system. From the perspective of legal pluralism theory and legal norm theory, this condition indicates that the provision remains declarative rather than operational. This study aims to analyze the normative construction of the article and formulate a more operational normative reconstruction. The research employs a normative legal method using statutory and conceptual approaches. The findings show that Article 84 paragraph (1) does not regulate dispute settlement procedures, coordination between customary institutions and regional government authorities, or the legal consequences of customary settlement outcomes. Consequently, its effectiveness relies more on the social legitimacy of customary law than on formal legal structures. This study proposes a normative reconstruction emphasizing procedural clarity, documentation of customary deliberations, and institutional integration to strengthen legal certainty and harmonization between state law and customary law.
Legal Effectiveness and Gaps in ODGJ Protection: Rights and Maqāṣid Analysis Kusnan, Dinda Zilfattisa; Abdussamad, Zamroni; Amrain, Fitran; Halim, Akmal Hidayah
al-Battar: Jurnal Pamungkas Hukum Vol. 3 No. 1 (2026): April
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v3i1.511

Abstract

This study aims to analyze the disharmony between normative regulation and the implementation of the protection of Persons with Mental Disorders (ODGJ) in Indonesia, especially at the regional level, by integrating the perspectives of national law, human rights, and Islamic law. The method used is normative legal research (doctrinal legal research) enriched with a socio-legal approach. The research approach includes the statute approach, conceptual approach, and case approach, with theoretical frameworks in the form of legal functionalization theory, legal protection theory, and maqāṣid al-syarī'ah which emphasizes the protection of the soul (ḥifẓ al-nafs) and the principle of non-discrimination. The results of the study show that the failure of ODGJ protection does not stem from weaknesses in legal norms, but from structural failures in implementation. The disharmony of regulations is reflected in weak coordination between agencies, limited resources for mental health workers, and the lack of operational and applicable regional regulations. In addition, the legal culture of the community that is still full of stigma and discrimination exacerbates the ineffectiveness of legal protection for ODGJ. This study concludes that the effectiveness of ODGJ protection requires an integrative model that incorporates a human rights approach and the values of maqāṣid al-syarī'ah in an implemented manner. The main findings confirm that the main problem lies in structural and cultural aspects, not normative; Therefore, it is recommended to strengthen implementing regional regulations, increase institutional capacity and mental health services, and social interventions based on public education to remove stigma, in order to realize an inclusive, effective, and equitable ODGJ protection system.
Odol Law Enforcement in Suppressing Traffic Accidents in Gorontalo Regency: An Empirical Study Kasim, Nurhalisa; U. Puluhulawa, Fenty; Kurniawan Kadir, Muhamad Khairun
al-Battar: Jurnal Pamungkas Hukum Vol. 3 No. 1 (2026): April
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v3i1.513

Abstract

Vehicle over Dimension over Loading (ODOL) is one of the main factors causing traffic accidents in Gorontalo Regency. Although it has been regulated in legislation, law enforcement has not been running optimally, so there is a research gap because the previous study focused more on normative aspects and has not assessed its effectiveness empirically at the regional level. This study aims to analyze the effectiveness of ODOL law enforcement in suppressing traffic accidents and identify inhibiting factors. The method used is empirical legal research with a qualitative approach, using soerjono Soekanto's theory of legal effectiveness and Hans Kelsen's theory of legal norms. Data were obtained through interviews and literature studies. The results showed that ODOL law enforcement has not been effective, which is influenced by low legal awareness of the community, weak supervision, limited facilities and infrastructure, economic interests of business actors, and not optimal coordination between agencies. The implications of this study emphasize the need for firm and consistent law enforcement, increasing public awareness, and strengthening coordination and support facilities to reduce ODOL violations and the risk of traffic accidents.

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