Journal Title : Al-battar: Jurnal Pamungkas Hukum Initials : al-Battar Frequency : April, Agustus, & Desember Print ISSN : - Online ISSN : 3063-8895 Editor in Chief : Muhammad Husni Abdulah Pakarti, S.H., M.H DOI: 10.63142/al-Battar Duration: Approx. 10 days to first decision Acceptance Rate: 48% of the total submissions Publisher : Lembaga Penelitian Cendekia Gagayunan Indonesia 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. Indexing by: Read More
Legal Implications of The Formation of Tourist Villages on Collective Community Rights In The Management of Community Based Tourism Destinations
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.
Copyright (c) 2025 Meida Rachmawati, Diana Farid, Nadeem Sami Mohammad Altalahmeh, Annisa Elda Octivia, Anastasia Wahyu Murbani (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
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
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
Copyright (c) 2025 Ratna Pristiana Mulya, Rineke Sara (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Immigration Legal Politics Supporting IKN Development as a Global Economic Growth Hub
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.
Copyright (c) 2025 Komang Trisna Diatmika, Faisal Santiago (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Reconstructing Independence of Indonesia’s Corruption Eradication Commission After Supervisory Board Reform in Criminal Justice
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.
Copyright (c) 2025 Agus Putra, Nawan Pujianto, Irfan Rizky Hutomo (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Reassessing Command Responsibility for Lethal Autonomous Weapon Systems under International Humanitarian Law
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.
Copyright (c) 2025 Fery Irfantoro, Amry Syahputra, Muhammad Charles Syahreza Fahlevi, Ridho Sa’adillahh Ahmad (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Reconceptualizing Legal Protection of the Human Mind and Nervous System in the Era of Brain Computer Interface Technology
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.
Copyright (c) 2025 Joko Hadi Santoso, Ahmad Syahri , Adzkia Hitanaki , Lailasari Ekaningsih (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
State Responsibility in Safeguarding the Integrity of Digital Land Records against Manipulation and Cyber Attacks
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.
Copyright (c) 2025 Rikky Fermana, Septa Agung Rahayu Basuki, Fajar Kurniawan , Muhammad Zarnudin (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Constitutional Challenges in Formulating the National Education System Bill from the Perspective of Citizens’ Constitutional Right to Education
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.
Copyright (c) 2025 Popy Rakhmawaty, Azis Budianto (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Strengthening Notary Reporting Obligations to Prevent Money Laundering in Property Transactions
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.
Copyright (c) 2025 Titin Hartati, KMS Herman (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Effectiveness of Investigator Certification in Improving Special Crime Investigation Quality at Bengkulu Police
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.
Criminal Investigation Directorate Of The Bengkulu Regional Police
Copyright (c) 2025 Sonny Wibisono, Rineke Sara (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Regulatory Harmonization of Plea Bargaining for Petty Corruption in Indonesia’s Criminal Justice System
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.
Copyright (c) 2025 Eben Patar Opsunggu, Azis Budianto (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Legal Reform In Handling Inmates With Mental Health Disorders In Correctional Institutions
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.
Copyright (c) 2025 Tiur Hasmida Hutagalung, Suparno (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Comparative Authority in Cybercrime Investigation: Indonesian Police and Related Institutions
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.
Copyright (c) 2025 John Piter Tampubolon, Rineke Sara (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Unfair Treatment of Criminal Suspects and Systemic Failure in Human Rights Protection within Indonesia’s Criminal Justice System
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.
Copyright (c) 2025 Anton Prasetyo, Binsar Jon Vic (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Reformulation of Criminal Sanctions For Perpetrators And Legal Protection For Victims of Sexual Harassment
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.
Copyright (c) 2025 Anthony Rahardjo, Binsar Jon Vic (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Strengthening Legal Protection Against Below Minimum Wages Based on the Principle of Morality
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.
Copyright (c) 2025 Sulaiman Amiruddin, Bambang Soesatyo (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Implementation Of Criminal Sanctions Against Companies Violating Provincial Minimum Wages From The Perspective Of John Rawls' Theory Of Justice
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
Copyright (c) 2025 Dedy Cahyadi, Bambang Soesatyo (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Comparison Of Islamic Inheritance Law System And Civil Inheritance Law In Realizing Justice And Legal Certainty In Indonesia
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
Copyright (c) 2025 Amrullah, Subianta Mandala (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
The Dynamics of Land Ownership Rights under Indonesian Agrarian Law: Legal Certainty and the Challenges of Social Justice
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.
Copyright (c) 2025 Lutfi Effendi, Subianta Mandala (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
The Dynamics of the Constitutional Court’s Authority in Determining Age Limit Requirements for Political Leadership Candidates
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.
Copyright (c) 2025 Rahmad Prasetyo, Richard (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Dynamics of the South China Sea Dispute: Indonesia’s Position in Multilateral Diplomacy and the Enforcement of UNCLOS 1982
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.
Copyright (c) 2025 Andin Wisnu Sudibyo, Richard (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Legal Implications of Restorative Justice in Narcotics Crimes: Integrating Accountability and Rehabilitation
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.
Copyright (c) 2025 Neilpon Yulinar Marquez, KMS Herman (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Dampak Perceraian Orangtua terhadap Pembentukan Kepribadian Santri: Studi di Dayah Liqaurrahmah, Tungkop
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.
Copyright (c) 2025 Ichsan Hafizh, Suarni Abdullah, Boihaqi bin Adnan (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Menjaga Keabadian atau Memenuhi Kebutuhan? Dilema Penjualan Aset Wakaf dalam Perspektif Fiqih
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.
Copyright (c) 2025 Ahmad Fauzan Azhima, Irsan Irsan, Aslati Aslati (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Strengthening Democratic Values Through Public Information Services: The Role Of Regional PPID Officials In Cilegon City
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.
Copyright (c) 2025 Ibrohim Ibrohim, Muhammad Ali, Casnika Casnika, Gautam Kumar Jha (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Maintaining Nasab in the Flow of Legal Reform: An Analysis of Saddu Dzariah and the Inheritance Rights of Children from Unrecorded Marriage in Indonesia
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.
Copyright (c) 2025 Izzuddin Alfarid, Teguh Dwi Cahyadi (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Legitimasi Hukum dan Ketimpangan Gender dalam Isbat Nikah Anak: Studi Putusan PA Tasikmalaya Nomor 283/Pdt.P/2024/PA.Tmk
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.
Copyright (c) 2025 Titing Oting Supartini, Yayan Rahtikawati, Supriati Rumagia (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Hukum Keluarga Islam di Arab Saudi: Dinamika, Tantangan, dan Arah Reformasi
This journal aims to specifically examine Islamic Family Law in Saudi Arabic, including history, legal sources, and basic matters such as marriage, inheritance, divorce, wills adoption, and waqf. The method used is a literature study of Islamic legal literature and regulation and schools of tought based on the Al-Qur’an and Hadist. The result of study indicate that Arab Islamic Family Law has undergone significant changes, especially since the establishment of the kingdom of Sa’ud Ibn Muhammad Ibnu Mukran. However, challenges still exist in society, public understanding, and critism of sereval provisions that are considered gender biased. Legal reform and contextualization are still needed so that Islamic family law can provide more equitable justice for all Muslims In Saudi Arabia. Local people tend to follow the Imam Hambali and Sunni schools of tought, this is why the are differences in every challenge that occurs in society.the exictence of regulation on marriage provides certainty, maintains sharia so that it is maintained, creates order, and maintains stability in the household. This reflects the existing values that remain in sync with the very strong and diverse Saudi Arabian culture, especially regarding the rights and obligations of men and women in building a household. The legal system used still uses both traditional and modern legal system.
Copyright (c) 2025 Hany Khairunnisa Kobat, Maila Lidinia, Nesi Alia Putri, Alray Habib Azmi, Muhammad Abrar, Aulil Amri (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Law Enforcement Against Online Gambling Promoters in Indonesia
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.
Copyright (c) 2025 Faisal Tanjung, Wahyudi Wahyudi, Listiyani Wulandari, Asri Rumalowak (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Perlindungan Hukum Bagi Pemegang Saham Minoritas dalam Kasus Sengketa Perusahan
Legal protection for minority shareholders in corporate disputes is a crucial aspect in maintaining the principles of fairness and balance in corporate governance. Minority shareholders are often in an unbalanced position due to the dominance of majority shareholders in strategic decision-making. This study aims to analyze the forms of legal protection available to minority shareholders in Indonesia and evaluate the effectiveness of their implementation. The research method used is normative juridical with a legislative approach, literature study, and case analysis. The results of the study show that there are two main forms of legal protection, namely preventive (through the right to information, the right to vote in the GMS, and the right to object) and repressive (through the right to sue, arbitration mechanism, and mediation). However, the effectiveness of this protection is still constrained by the dominance of majority shareholders, limited access to information, and low legal awareness among minority shareholders. The discussion in this article highlights the need to strengthen regulations, increase corporate transparency, legal education, and optimize non-litigation dispute resolution to create a fairer and more functional legal protection system for minority shareholders.
Copyright (c) 2025 Wahyudi Wahyudi, Muhammad Tauvic Annur, Nuri Safitri, Sakirah Sakirah (Author) https://creativecommons.org/licenses/by-nc-sa/4.0