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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 67 Documents
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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.

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