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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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Effectiveness of Investigator Certification in Improving Special Crime Investigation Quality at Bengkulu Police Wibisono, Sonny; 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.v2i3.451

Abstract

This study aims to analyze the effectiveness of investigator and assistant investigator certification as a mandatory instrument for improving the quality of special criminal investigations at the Directorate of Special Criminal Investigation of the Bengkulu Regional Police. The research employs a normative juridical method using statutory and conceptual approaches by examining the Criminal Procedure Code (KUHAP), Law No. 2 of 2002 on the Indonesian National Police, Perpol No. 6 of 2019 on Criminal Investigation, and Perkap No. 99 of 2020 on the development of superior police human resources. The findings demonstrate that certification significantly enhances investigator competence, professionalism, and compliance with procedural law, which is reflected in more complete case files, higher procedural accuracy, and increased success rates in achieving the P-21 stage. Certified investigators also show stronger legal reasoning in case handling and investigation termination decisions. However, the effectiveness of certification is constrained by limited certified trainers and assessors, unequal distribution of certified investigators, and weak integration of competency supervision among internal units. The study concludes that investigator certification is an effective legal and managerial instrument to improve investigation quality, provided it is supported by strengthened internal regulations, digitalized training and assessment systems, and an integrated performance-based evaluation framework.
Strengthening Notary Reporting Obligations to Prevent Money Laundering in Property Transactions Hartati, Titin; 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.v2i3.452

Abstract

Money laundering through property transactions poses a significant threat to Indonesia’s legal system and economic integrity due to the high value and complex nature of real estate dealings. Notaries, as public officials authorized to draft authentic deeds and verify legal transactions, occupy a strategic position in detecting and preventing money laundering activities. This study aims to analyze the role of notaries in preventing money laundering in property transactions through the reformulation of reporting obligations. The research employs a normative legal method using statutory and conceptual approaches by examining Law Number 8 of 2010 on the Prevention and Eradication of Money Laundering, Law Number 2 of 2014 on the Position of Notaries, and PPATK Regulation Number 3 of 2021 concerning reporting procedures for certain professions. The findings reveal that although the legal framework clearly establishes notaries as reporting parties, implementation remains ineffective due to internal obstacles such as limited technical understanding and conflicts with professional secrecy, as well as external obstacles including weak coordination with PPATK and insufficient legal protection for reporting notaries. This study concludes that reformulating reporting obligations is necessary through clearer normative positioning of notaries, simplified and digitized reporting mechanisms, strengthened legal protection, and continuous professional training. Optimizing these aspects will enhance the preventive function of notaries and significantly contribute to national efforts to combat money laundering in the property sector.
Constitutional Challenges in Formulating the National Education System Bill from the Perspective of Citizens’ Constitutional Right to Education Rakhmawaty, Popy; 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.v2i3.453

Abstract

Article 31 of the Republic of Indonesia's 1945 Constitution clearly guarantees the right to education. All citizens must get high-quality, just, and equal education from the state. In this regard, the National Education System Bill (RUU Sisdiknas) is being drafted as a calculated move to update the country's educational legislation, which has been regulated in various sectoral laws. This study aims to analyze the conformity of the formulation of the RUU Sisdiknas with the principle of citizens' constitutional rights to education, as well as to identify legal problems that arise in the process and substance of its formulation. With a statutory, conceptual, and comparative perspective, this study employs a normative juridical method. The analysis's findings show that while the RUU Sisdiknas makes an effort to incorporate different educational laws, there are a number of clauses that could jeopardize the right to education, especially when it comes to the removal of particular clauses pertaining to the teaching profession and basic education funding. In addition, the less participatory formulation process raises questions about the public legitimacy of the draft. Therefore, harmonization of norms is necessary to ensure that the National Education System Bill truly aligns with the constitutional mandate, human rights principles, and the state's goal of improving the nation's life.
Reassessing Command Responsibility for Lethal Autonomous Weapon Systems under International Humanitarian Law Irfantoro, Fery; Syahputra, Amry; Fahlevi, Muhammad Charles Syahreza; Ahmad , Ridho Sa’adillahh
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.v2i3.455

Abstract

The rapid development of artificial intelligence–based military technology poses significant conceptual and normative challenges to the application of International Humanitarian Law (IHL), particularly with regard to the deployment of Lethal Autonomous Weapon Systems (LAWS). The autonomous capacity of such systems to select and engage targets raises complex questions of legal accountability when violations of the laws of armed conflict or civilian harm occur. This article reassesses the doctrine of command responsibility in the context of LAWS by positioning the core principles of IHL—distinction, proportionality, precaution, and accountability—as evaluative benchmarks. Employing a normative juridical approach, this study analyzes the 1949 Geneva Conventions, Additional Protocol I of 1977, and the 1998 Rome Statute of the International Criminal Court, alongside relevant Indonesian national legislation, particularly Law No. 3 of 2002 on National Defense and Law No. 34 of 2004 on the Indonesian National Armed Forces (TNI). The findings demonstrate that although increasing technological autonomy may reduce direct human involvement in lethal decision-making, the legal obligations of military commanders cannot be disregarded. Nevertheless, algorithmic complexity, opacity in decision-making processes (the “black box” problem), and the involvement of multiple actors necessitate a reconceptualization of existing accountability frameworks, including the recognition of shared or joint responsibility. This article argues that in the absence of specific international regulations governing LAWS, a significant accountability gap risks undermining the effective enforcement of IHL in future armed conflicts. Accordingly, it calls for the strengthening of international legal frameworks to explicitly regulate LAWS, ensuring that humanitarian principles remain aligned with the realities of contemporary military operations.
Reconstructing Independence of Indonesia’s Corruption Eradication Commission After Supervisory Board Reform in Criminal Justice Putra, Agus; Pujianto, Nawan; Hutomo, Irfan Rizky; Esdarwati, Susila
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.v2i3.456

Abstract

The Corruption Eradication Commission (Komisi Pemberantasan Korupsi/KPK) was established as an independent state institution under Law No. 30 of 2002 to address corruption as an extraordinary crime. However, its institutional independence experienced a significant shift following the enactment of Law No. 19 of 2019, particularly through the establishment of the Supervisory Board with authority to grant prior approval for pro justitia actions such as wiretapping, searches, and seizures. This article aims to analyze the implications of the Supervisory Board’s authority on the independence of the KPK and to formulate a normative reconstruction model that balances accountability and effectiveness within the Indonesian criminal justice system. Using normative legal research with statutory and conceptual approaches, this study examines national legislation, Constitutional Court Decision No. 70/PUU-XVII/2019, international standards under the 2003 United Nations Convention against Corruption (UNCAC), and comparative practices of anti-corruption agencies in Hong Kong and Singapore. The findings demonstrate that the ex-ante control model exercised by the Supervisory Board has the potential to undermine operational independence, efficiency, and confidentiality in corruption law enforcement. This article concludes that reconstructing KPK independence requires reformulating the Supervisory Board’s authority toward an ex-post oversight model, reaffirming the KPK’s independent constitutional position, and harmonizing oversight mechanisms with principles of good governance. Such reconstruction is essential to preserve public trust and ensure the effectiveness of corruption eradication in Indonesia.
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.

Page 6 of 6 | Total Record : 58

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