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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 77 Documents
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Legal Implications of Inheritance Distribution in Multicultural Families under Indonesia’s Islamic Law Cindra Kartika Mokodompit; Mutia Cherawaty Thalib; Nurul Fazri Elfikri; Rasham Armab Saikhu
al-Battar: Jurnal Pamungkas Hukum Vol. 3 No. 2 (2026): Agustus
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v3i2.515

Abstract

Inheritance distribution within multicultural families presents legal challenges due to the interaction between Islamic law, customary law, and civil law in Indonesia's plural legal system. Although the Compilation of Islamic Law (KHI) provides normative guidance for inheritance distribution among Muslims, its implementation frequently encounters socio-cultural dynamics that influence legal outcomes. Previous studies have primarily focused on normative Islamic inheritance law or legal pluralism in general, while limited attention has been given to the legal consequences of inheritance distribution in multicultural families under the KHI framework. This study aims to analyze the legal consequences of inheritance distribution in multicultural families from the perspective of the Compilation of Islamic Law. Employing normative legal research, the study applies statutory, conceptual, and case approaches, with qualitative analysis of legal materials comprising legislation, judicial decisions, and relevant legal doctrines. The findings reveal that inheritance distribution in multicultural families operates within a plural legal framework where Islamic law, civil law, and customary law interact dynamically. In practice, inheritance settlement frequently relies on family deliberation rather than strict adherence to the KHI, resulting in greater flexibility but reduced legal predictability. The study further demonstrates that judicial interpretation, including the application of wasiat wajibah, functions as an adaptive mechanism to reconcile legal certainty with substantive justice. This research contributes by linking normative inheritance provisions with social adaptation practices in multicultural family structures and offers a conceptual framework for balancing legal certainty and substantive justice within Indonesia's plural legal system. The findings enrich the discourse on Islamic inheritance law and provide practical guidance for resolving inheritance disputes in culturally diverse societies.
Law Enforcement against the Illegal Fishing of Napoleon Fish (Cheilinus Undulatus): An Empirical Legal Study in Gorontalo Province Nabila Katili; Lisnawaty W. Badu; Muhamad Khairun Kurniawan Kadir; Anna Boumpa
al-Battar: Jurnal Pamungkas Hukum Vol. 3 No. 2 (2026): Agustus
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v3i2.519

Abstract

The illegal fishing of Napoleon fish (Cheilinus undulatus), one of the protected marine species, is still a serious threat to the sustainability of marine ecosystems in Indonesia, including in Gorontalo Province. Although a regulatory framework on fisheries resource conservation is in place, the effectiveness of its enforcement implementation still faces various challenges. This study aims to analyze the legal arrangements regarding the protection of Napoleon fish, evaluate the implementation of law enforcement against illegal fishing practices, and identify the ecological impact caused in the Gorontalo waters. This study uses an empirical legal method with a socio-legal approach. The data was collected through literature studies, in-depth interviews with the Directorate of Water and Air Police (Ditpolairud) of the Gorontalo Police, the Gorontalo Provincial Marine and Fisheries Service, and coastal communities, then analyzed qualitatively. The results of the study show that law enforcement against the illegal fishing of Napoleon fish has not been effective due to limited supervisory resources, weak coordination between agencies, and low legal awareness of coastal communities. In addition, the monitoring and control mechanism for the trade and use of Napoleonic fish is still not able to prevent the practice of illegal fishing optimally. These conditions increase the risk of coral reef ecosystem degradation and threaten the sustainability of fishery resources. This study emphasizes that the effectiveness of Napoleon fish protection requires strengthening the capacity of law enforcement officials, integrating cross-sector supervision, and increasing community participation as the main prerequisites for the realization of sustainable marine conservation governance.
Illegal Cigarette Excise Crime in Gorontalo: Criminology and Law Enforcement Perspectives Moh. Bayu Saputra; Suwitno Yutye Imran; Waode Mustika; Sajjad Hussain
al-Battar: Jurnal Pamungkas Hukum Vol. 3 No. 2 (2026): Agustus
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v3i2.522

Abstract

This study aims to analyze the criminological factors underlying illegal excise cigarette crimes, identify the transformation of perpetrators' modus operandi, and evaluate the effectiveness of law enforcement in Gorontalo Province. This research employs an empirical juridical method with socio-legal research and criminological legal research approaches, conducted as a case study at the Gorontalo Customs and Excise Supervisory Office. Primary data were obtained through semi-structured interviews with Customs investigators, while secondary data were derived from enforcement documentation for the period 2023–2025 as well as criminological literature and excise regulations. Data analysis was conducted qualitatively using a thematic analysis approach integrated with four classical criminological theories, namely Becker's Rational Choice Theory, Merton's Anomie Theory, Sutherland's Differential Association Theory, and Hirschi's Social Control Theory. The findings reveal a drastic increase in illegal cigarette discoveries in Gorontalo, from 133,000 sticks in 2023 to 878,000 sticks in 2025, driven by price disparity between legal and illegal cigarettes, socio-economic structural pressures, organized informal distribution networks, and the weak social bonds of perpetrators toward legal norms. This study finds that the distribution modus operandi of illegal cigarettes has undergone a significant transformation toward digital-logistics channels through the exploitation of e-commerce platforms and courier services with disguised cargo identities a phenomenon that has received limited scholarly attention in previous research. The contribution of this study lies in the application of a combinative approach integrating four classical criminological theories to analyze economic crime at the regional level, while simultaneously affirming the urgency of digital surveillance reform and excise intelligence strengthening as relevant policy responses within the national excise policy framework.
Normative Inconsistency of Itsbat Nikah: Judicial Reasoning and the Monogamy Principle in Indonesian Religious Courts Putri Pratama Rahmatia Hunowu; Nur Mohamad Kasim; Sri Nanang Meiske Kamba; Hanira Hanafi
al-Battar: Jurnal Pamungkas Hukum Vol. 3 No. 2 (2026): Agustus
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v3i2.524

Abstract

This study aims to analyze the legal position of itsbat nikah on marriages that take place when one of the parties is still bound by a valid marriage and examine how religious courts balance the principle of monogamy with the usefulness of law in judicial practice. This study fills in the gap of previous research that focused more on judges' considerations and the legal consequences of marriage itsbat, while the analysis of normative inconsistencies between marriage legalization and marriage prohibition is still limited. The research uses normative legal methods with legislative, case, and conceptual approaches. Primary legal materials are in the form of laws and regulations and the Decision of the Gorontalo Religious Court Number 311/Pdt.P/2019/PA. Gtlo, supported by secondary legal material that is analyzed qualitatively through systematic and grammatical interpretation. The results of the study show that the granting of the application for itsbat nikah in the decision is normatively contrary to the principle of monogamy and the provisions of the prohibition of marriage in Indonesian marriage law. However, judges use judicial reasoning that is oriented towards the usefulness of the law by prioritizing the protection of family legal status, the certainty of civil relations, and the interests of the parties. These findings show a conflict between legal certainty and legal expediency in the implementation of itsbat nikah. The study concluded that the practice of granting itsbat nikah to marriage carried out while still bound by a previous marriage reflects normative inconsistencies in the application of marriage law. Therefore, clearer and more consistent judicial guidelines are needed to ensure harmony between the protection of civil rights and the enforcement of the principle of monogamy in religious judicial practice.
Mens Rea and Ultimum Remedium in Distinguishing Breach of Contract from Fraud: Analysis of Indonesian Supreme Court Decision No. 4/Yur/Pid/2018 Chandi Aulia; Amanda Adelina Harun; Nurifana Umar; Ahmad Ridhwan Abd Rani
al-Battar: Jurnal Pamungkas Hukum Vol. 3 No. 2 (2026): Agustus
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v3i2.534

Abstract

The intersection between breach of contract (wanprestasi) and the criminal offense of fraud in contractual relationships creates legal issues in determining the boundary between civil and criminal liability. Previous studies generally discuss elements of fraud, breach of contract, and the principle of good faith separately, resulting in a lack of research that specifically analyzes Supreme Court Decision Number 4/Yur/Pid/2018 by integrating the perspectives of mens rea, the principle of good faith, and civil liability. This study aims to analyze the juridical construction employed by the Supreme Court in distinguishing breach of contract from fraud and to examine civil liability arising from breach of contract containing elements of fraud. This study is normative legal research using statutory, case, and conceptual approaches. The novelty of this study lies in the application of the perspectives of mens rea and the principle of ultimum remedium as instruments to limit the criminalization of contractual disputes in analyzing Supreme Court Decision Number 4/Yur/Pid/2018. The findings show that the existence of mens rea from the initial formation of the agreement serves as the main parameter in distinguishing breach of contract from fraud, while contractual violations without malicious intent remain within the scope of civil law, with remedies in the form of specific performance, compensation, or contract termination. This study also finds that the decision has not provided detailed parameters regarding the limits of mens rea and the principle of good faith, which may lead to differing interpretations in judicial practice. Therefore, further development of jurisprudence and legal doctrine is required to strengthen legal certainty in the settlement of contractual disputes.
Legal Enforcement of Illegal Bandwidth Reselling in Indonesia: A Friedman Legal System Analysis Nurfadhilah Nahe; Rusdiyanto Puluhulawa; Irlan Puluhulawa; Manuel Beltrán Genovés
al-Battar: Jurnal Pamungkas Hukum Vol. 3 No. 2 (2026): Agustus
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v3i2.535

Abstract

The rapid development of digital transformation has increased the public's need for internet services. However, this increase has not been accompanied by equitable distribution of telecommunications infrastructure, thus encouraging the emergence of illegal bandwidth reselling practices as an alternative to providing internet access. This practice raises various legal issues because it is related to the provision of telecommunications services that require licensing. This study aims to identify and analyze factors that hinder law enforcement against illegal bandwidth reselling practices in Gorontalo Province. The study uses an empirical juridical method by combining a statutory approach, a conceptual approach, and a socio-legal approach. Research data were obtained through interviews with law enforcement officials and a literature review of relevant laws and regulations. Furthermore, all data were analyzed qualitatively using descriptive-analytical methods. The results show that the effectiveness of law enforcement is still hampered by the absence of regulations that explicitly regulate bandwidth reselling practices, weak oversight and coordination mechanisms between institutions, limited capacity of law enforcement officials, and low levels of public compliance with licensing provisions and service agreements. Viewed from the perspective of Islamic Law, this practice is contrary to the principles of al-muslimūna ‘alā syurūṭihim and wafā’ bil ‘uqūd because customers use internet services outside the scope of the agreed contract. This study contributes in the form of an empirical analysis of the relationship between regulatory weaknesses, the capacity of law enforcement officers, and the legal culture of the community in enforcing telecommunications law at the regional level, while also offering recommendations in the form of strengthening regulations, optimizing supervision, and increasing inter-institutional coordination as an effort to increase the effectiveness of law enforcement in the telecommunications sector.
Integrating Criminology and Law Enforcement: Explaining Child Sexual Violence in Indonesia Vira Auliya Juliharto; Lisnawaty W. Badu; Avelia Rahmah Y. Mantali; Francis Daniel Mbilinyi
al-Battar: Jurnal Pamungkas Hukum Vol. 3 No. 2 (2026): Agustus
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v3i2.517

Abstract

Child sexual violence remains a significant challenge in Indonesia despite the existence of comprehensive legal protections. Previous studies have predominantly emphasized normative legal analysis or crime statistics, while limited attention has been given to integrating criminological perspectives with local law enforcement practices. This study aims to identify the criminogenic factors contributing to child sexual violence in Gorontalo City and evaluate the effectiveness of law enforcement responses in addressing such crimes. An empirical legal research design with a qualitative approach was employed. Primary data were collected through in-depth interviews with investigators from the Women and Children Protection Unit (PPA) of the Gorontalo City Police, supported by field observations and document analysis. The data were analyzed using qualitative descriptive techniques to identify recurring patterns and institutional challenges. The findings reveal that child sexual violence is driven by multiple interrelated factors, including inadequate parental supervision, permissive social environments, offenders' psychological characteristics, and weak social control mechanisms. Most cases occur within close interpersonal relationships, particularly involving family members or intimate partners, where manipulation, persuasion, and abuse of trust constitute the dominant modus operandi. Law enforcement responses combine repressive measures through criminal investigation and prosecution with preventive initiatives, including public awareness campaigns and inter-agency collaboration. However, these efforts remain constrained by evidentiary limitations, victims' psychological trauma, and low levels of public legal awareness. This study demonstrates that integrating criminological analysis with local law enforcement practices provides a more comprehensive understanding of child sexual violence and highlights the need to strengthen family-based prevention, institutional capacity, and community-based child protection mechanisms to improve criminal justice policies and victim protection.

Page 8 of 8 | Total Record : 77

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