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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 59 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.
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.

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