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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 58 Documents
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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.
Reformulation of Criminal Sanctions For Perpetrators And Legal Protection For Victims of Sexual Harassment Rahardjo, Anthony; Jon Vic, Binsar
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.v2i3.446

Abstract

Sexual harassment remains a persistent and systemic problem in Indonesia, reflecting ongoing weaknesses in criminal regulation, law enforcement practices, and victim-oriented protection mechanisms. Although legal frameworks such as the Indonesian Criminal Code (Law No. 1 of 2023) and the Law on the Crime of Sexual Violence (Law No. 12 of 2022) have been enacted to address sexual violence, their implementation has not yet produced a sufficient deterrent effect for perpetrators nor comprehensive legal and psychosocial protection for victims. This study aims to critically examine the adequacy of existing criminal sanctions against perpetrators of sexual harassment and to formulate a more effective model of legal protection for victims based on principles of justice and victim recovery. The research is grounded in normative legal research employing a statutory and conceptual approach, with primary legal materials consisting of relevant legislation and secondary materials derived from legal doctrines, scholarly literature, and previous studies. The underlying hypothesis of this study is that current criminal sanctions and victim protection mechanisms are inadequate to address the complex impacts of sexual harassment and therefore require substantive reform. The findings indicate that the relatively light criminal penalties, evidentiary difficulties, and the persistence of victim-blaming practices undermine effective law enforcement and victim recovery. Accordingly, this study emphasizes the urgency of reformulating criminal sanctions to enhance their deterrent effect, strengthening victim-centered legal protection, improving access to legal aid and psychosocial rehabilitation, and refining evidentiary standards in judicial proceedings to ensure a more just, responsive, and comprehensive legal framework for addressing sexual harassment in Indonesia.
Unfair Treatment of Criminal Suspects and Systemic Failure in Human Rights Protection within Indonesia’s Criminal Justice System Prasetyo, Anton; Jon Vic, Binsar
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.v2i3.447

Abstract

The protection of human rights for criminal suspects constitutes a fundamental element of a criminal justice system governed by the rule of law and the principle of due process. However, law enforcement practices in Indonesia continue to demonstrate persistent structural deficiencies that result in unequal and unfair treatment of suspects. This study critically examines systemic failures in the protection of suspects’ human rights, particularly concerning the absence of clear statutory limits on investigation periods, the subjective and repetitive extension of detention, the continued use of coercion and torture during investigative examinations, and the limited access to effective legal assistance, especially for vulnerable groups. Employing a normative legal approach, this research analyzes relevant provisions of the Indonesian Criminal Procedure Code, the Human Rights Law, and international human rights instruments ratified by Indonesia, including the International Covenant on Civil and Political Rights and the Convention Against Torture. The findings reveal a significant gap between normative legal guarantees and their practical implementation, which has enabled abuses of authority by law enforcement officials and undermined fundamental rights such as personal liberty, humane treatment, and the right to a fair trial. The study emphasizes the urgent need for comprehensive criminal justice reform through the clarification of investigation time limits, the strengthening of independent oversight mechanisms, and the expansion of accessible legal aid in order to ensure a more transparent, accountable, and human rights–oriented criminal justice system in Indonesia.
Comparative Authority in Cybercrime Investigation: Indonesian Police and Related Institutions Tampubolon, John Piter; 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.v2i3.448

Abstract

The rapid expansion of information technology has significantly increased cybercrime in Indonesia, necessitating a clear and coordinated law enforcement framework. This article aims to comparatively analyze the authority to investigate cybercrime between the Indonesian National Police (Polri) and other related institutions, including the Attorney General’s Office, the National Cyber and Crypto Agency (BSSN), and the Ministry of Communication and Informatics (Kominfo). The research employs a normative juridical method with statutory and conceptual approaches, supported by comparative analysis of institutional authority based on Law Number 1 of 2024 concerning Electronic Information and Transactions, the Criminal Procedure Code (KUHAP), and Law Number 16 of 2004 concerning the Prosecutor’s Office. The findings indicate that Polri holds dominant and comprehensive investigative authority, while other institutions perform supportive, supervisory, and technical functions without direct investigative attribution. However, regulatory fragmentation and weak coordination mechanisms create overlaps and inefficiencies in cybercrime handling. This study concludes that regulatory harmonization and the establishment of an integrated coordination framework are essential to ensure effective, accountable, and human-rights-oriented cybercrime law enforcement in Indonesia.
Legal Reform In Handling Inmates With Mental Health Disorders In Correctional Institutions Hutagalung, Tiur Hasmida; Suparno
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.v2i3.449

Abstract

The treatment of inmates with mental health disorders remains a persistent challenge within the Indonesian correctional system. Although Law No. 22 of 2022 on Corrections, Law No. 18 of 2014 on Mental Health, and several implementing regulations recognize prisoners’ rights to healthcare, they fail to provide explicit mechanisms for the identification, treatment, and rehabilitation of inmates with mental health disorders. This study aims to analyze the extent to which existing legal frameworks accommodate the specific needs of inmates with mental health disorders and to identify legal gaps that hinder the effective protection of their rights. Employing a normative juridical research method with statutory, conceptual, and comparative approaches, this study examines relevant legislation and compares Indonesia’s regulatory framework with practices adopted in several other jurisdictions. The findings reveal a significant legal vacuum characterized by the absence of standardized procedures for early identification, inadequate mental health services within correctional institutions, and weak coordination between correctional and health authorities. This condition increases the risk of human rights violations, institutional violence, ineffective rehabilitation, and failed social reintegration. The study concludes that comprehensive legal reform is urgently required to establish clear regulatory standards, strengthen institutional capacity, and integrate a rehabilitation-oriented, health-based approach within the correctional system. Such reforms are essential to ensure the protection of inmates’ rights and to realize a humane and effective correctional framework.
Regulatory Harmonization of Plea Bargaining for Petty Corruption in Indonesia’s Criminal Justice System Opsunggu, Eben Patar; Budianto , Azis
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.v2i3.450

Abstract

The eradication of corruption in Indonesia continues to face structural challenges, particularly in the handling of petty corruption cases that involve relatively small state losses but consume disproportionate law enforcement resources. This study aims to analyze the urgency, feasibility, and regulatory implications of implementing a plea bargaining mechanism as an alternative resolution model for petty corruption cases within Indonesia’s criminal justice system. Using a normative juridical method with statutory and conceptual approaches, this research examines relevant laws, including the Anti-Corruption Law, the Criminal Procedure Code (KUHAP), and the Prosecutor’s Office Law, as well as comparative practices from the United States, Italy, and the Philippines. The findings indicate that the absence of explicit legal regulation has resulted in procedural rigidity, inefficiency, and suboptimal recovery of state losses in minor corruption cases. Plea bargaining, if strictly limited and transparently regulated, has the potential to enhance legal efficiency, prioritize restitution of state losses, reduce judicial and correctional burdens, and support a more restorative justice orientation. This study concludes that regulatory harmonization through limited revisions to the Corruption Law and KUHAP, complemented by clear prosecutorial guidelines issued by the Attorney General’s Office, is essential to ensure accountability, legal certainty, and public trust. Properly designed plea bargaining should be positioned not as a form of impunity, but as a strategic instrument to optimize corruption eradication while upholding substantive justice and the rule of law.

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