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: 43% 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
Public Prosecutors' Authority in Asset Seizure: Institutional Challenges to Asset Recovery in Indonesian Corruption Cases
Although Indonesia has strengthened the regulation of corruption crimes, empirical studies on the implementation of the authority of investigating prosecutors in asset confiscation, especially at the regional high prosecutor's office, are still limited. This study aims to analyze the authority of the investigating prosecutor in confiscating assets resulting from corruption at the Gorontalo High Prosecutor's Office and identify factors that hinder its implementation. This study uses a qualitative empirical legal research method with a socio-legal approach. Primary data was obtained through in-depth interviews with prosecutors in the field of special crimes, secondary data was obtained from literature reviews, books, journals and other supporting documents relevant to this research. The results of the study found that although the investigating prosecutor has strong attribution authority to seize corrupt assets, this authority has not been able to produce optimal asset recovery: the 2021–2024 period shows a gap of almost 70% between the total state losses (more than Rp110 billion) and the compensation money that has been successfully recovered (around Rp34 billion). Furthermore, this study found that the biggest obstacle does not come from legal norms, but from weak institutional coordination between the prosecutor's office and related agencies such as banking. These findings confirm that the problem of asset recovery in Indonesia is structural, not just normative. This study recommends strengthening asset forfeiture regulations, improving cross-agency coordination mechanisms, and increasing the technical capacity of investigators.
Copyright (c) 2026 Satria Zakaria, Mohamad Rusdiyanto U. Puluhulawa, Karlin Z. Mamu, Norsalwati Mohd Razalli (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Legal Enforcement of Illegal Bandwidth Reselling in Indonesia: A Friedman Legal System Analysis
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.
Copyright (c) 2026 Nurfadhilah Nahe, Rusdiyanto Puluhulawa, Irlan Puluhulawa, Manuel Beltrán Genovés (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Mens Rea and Ultimum Remedium in Distinguishing Breach of Contract from Fraud: Analysis of Indonesian Supreme Court Decision No. 4/Yur/Pid/2018
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.
Copyright (c) 2026 Chandi Aulia, Amanda Adelina Harun, Nurifana Umar, Ahmad Ridhwan Abd Rani (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Protection of Workers' Rights in Employment Regulations After the Job Creation Law in Indonesia
Changes to labor regulations through the Job Creation Law have created new dynamics in the protection of workers’ rights in Indonesia, particularly regarding the balance between investment interests and the guarantee of workers’ constitutional rights. This study aims to examine the regulations governing the protection of workers’ rights before and after the enactment of the Job Creation Law and to analyze their legal implications for industrial relations. This study employs a normative legal research method using both a statutory and a conceptual approach. Legal sources include primary sources such as laws and regulations, secondary sources such as books and academic journals, and tertiary sources such as legal dictionaries. Legal materials were collected through a literature review and analyzed using a descriptive qualitative approach. The results of the study indicate that prior to the enactment of the Job Creation Law, labor regulations placed greater emphasis on legal certainty and worker protection. Following the enactment of the Job Creation Law, there has been a shift toward greater flexibility in employment relationships, which has resulted in reduced legal certainty, particularly regarding fixed-term employment contracts (PKWT), outsourcing, termination of employment, and the wage system. These changes have led to increased vulnerability and a weakening of workers’ bargaining power in industrial relations.
Copyright (c) 2026 Nurain Lause (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Normative Inconsistency of Itsbat Nikah: Judicial Reasoning and the Monogamy Principle in Indonesian Religious Courts
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.
Copyright (c) 2026 Putri Pratama Rahmatia Hunowu, Nur Mohamad Kasim, Sri Nanang Meiske Kamba, Hanira Hanafi (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Illegal Cigarette Excise Crime in Gorontalo: Criminology and Law Enforcement Perspectives
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.
Copyright (c) 2026 Moh. Bayu Saputra, Suwitno Yutye Imran, Waode Mustika, Sajjad Hussain (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Law Enforcement against the Illegal Fishing of Napoleon Fish (Cheilinus Undulatus): An Empirical Legal Study in Gorontalo Province
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.
Copyright (c) 2026 Nabila Katili, Lisnawaty W. Badu, Muhamad Khairun Kurniawan Kadir, Anna Boumpa (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Integrating Criminology and Law Enforcement: Explaining Child Sexual Violence in Indonesia
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.
Copyright (c) 2026 Vira Auliya Juliharto, Lisnawaty W. Badu, Avelia Rahmah Y. Mantali, Francis Daniel Mbilinyi (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Legal Implications of Inheritance Distribution in Multicultural Families under Indonesia’s Islamic Law
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.
Copyright (c) 2026 Cindra Kartika Moodompit, Mutia Cherawaty Thalib, Nurul Fazri Elfikri, Rasham Armab Saikhu (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
The Effectiveness of Electronic Traffic Law Enforcement in Suppressing Traffic Violations: Soerjono Soekanto's Theory Analysis
Traffic violations remain a persistent problem reflecting the low level of public legal compliance and adversely affecting road safety and traffic order. Previous studies on Electronic Traffic Law Enforcement (ETLE) have generally been descriptive in nature and have focused primarily on the technical aspects of implementation, with limited discussion on the effectiveness of ETLE based on legal effectiveness theory. This study aims to analyze the effectiveness of ETLE implementation in reducing traffic violations within the jurisdiction of the Gorontalo District Court by employing Soerjono Soekanto’s theory of legal effectiveness as the analytical framework. This research uses an empirical legal research method with a mixed-method approach through the analysis of traffic violation statistics from 2023–2025 and interviews with law enforcement officers and members of the public. The findings indicate that ETLE has been effective in the procedural aspect of law enforcement, particularly in improving transparency, objectivity, and administrative efficiency in handling traffic violations. However, substantive effectiveness in reducing the number of traffic violations has not yet been fully achieved due to several factors, including low public legal awareness, limited infrastructure and facilities, and technical constraints within the electronic system. This study contributes to the development of technology-based law enforcement effectiveness studies through an analysis of the factors influencing legal effectiveness according to Soerjono Soekanto, thereby providing a basis for a more comprehensive evaluation of ETLE policies aimed at enhancing sustainable public legal compliance.
Copyright (c) 2026 Nadia Putri Daliuwa (Author); Fenty U. Puluhulawa (Penerjemah); Irlan Puluhulawa, Rungarun Boonsayan (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Odol Law Enforcement in Suppressing Traffic Accidents in Gorontalo Regency: An Empirical Study
Vehicle over Dimension over Loading (ODOL) is one of the main factors causing traffic accidents in Gorontalo Regency. Although it has been regulated in legislation, law enforcement has not been running optimally, so there is a research gap because the previous study focused more on normative aspects and has not assessed its effectiveness empirically at the regional level. This study aims to analyze the effectiveness of ODOL law enforcement in suppressing traffic accidents and identify inhibiting factors. The method used is empirical legal research with a qualitative approach, using soerjono Soekanto's theory of legal effectiveness and Hans Kelsen's theory of legal norms. Data were obtained through interviews and literature studies. The results showed that ODOL law enforcement has not been effective, which is influenced by low legal awareness of the community, weak supervision, limited facilities and infrastructure, economic interests of business actors, and not optimal coordination between agencies. The implications of this study emphasize the need for firm and consistent law enforcement, increasing public awareness, and strengthening coordination and support facilities to reduce ODOL violations and the risk of traffic accidents.
Copyright (c) 2026 Nurhalisa Kasim, Fenty U. Puluhulawa, Muhamad Khairun Kurniawan Kadir (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Legal Effectiveness and Gaps in ODGJ Protection: Rights and Maqāṣid Analysis
This study aims to analyze the disharmony between normative regulation and the implementation of the protection of Persons with Mental Disorders (ODGJ) in Indonesia, especially at the regional level, by integrating the perspectives of national law, human rights, and Islamic law. The method used is normative legal research (doctrinal legal research) enriched with a socio-legal approach. The research approach includes the statute approach, conceptual approach, and case approach, with theoretical frameworks in the form of legal functionalization theory, legal protection theory, and maqāṣid al-syarī'ah which emphasizes the protection of the soul (ḥifẓ al-nafs) and the principle of non-discrimination. The results of the study show that the failure of ODGJ protection does not stem from weaknesses in legal norms, but from structural failures in implementation. The disharmony of regulations is reflected in weak coordination between agencies, limited resources for mental health workers, and the lack of operational and applicable regional regulations. In addition, the legal culture of the community that is still full of stigma and discrimination exacerbates the ineffectiveness of legal protection for ODGJ. This study concludes that the effectiveness of ODGJ protection requires an integrative model that incorporates a human rights approach and the values of maqāṣid al-syarī'ah in an implemented manner. The main findings confirm that the main problem lies in structural and cultural aspects, not normative; Therefore, it is recommended to strengthen implementing regional regulations, increase institutional capacity and mental health services, and social interventions based on public education to remove stigma, in order to realize an inclusive, effective, and equitable ODGJ protection system.
Copyright (c) 2026 Dinda Zilfattisa Kusnan, Zamroni Abdussamad, Fitran Amrain, Akmal Hidayah Halim (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Legal Responsibility of Livestock Owners for Crop Damage: An Analysis of Article 84 (1) Qanun No. 3/2013 in Pidie Jaya
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.
Copyright (c) 2026 Alvi Farisyi, M. Syuib, Muhammad Iqbal, Ming Chou Liu (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Reformulation of Land Policy for the Resolution of Abandoned Land Issues in Urban Areas
The problem of abandoned land in urban areas reflects the failure of equitable and sustainable agrarian governance. Despite the existence of legal frameworks such as the Basic Agrarian Law (UUPA), Government Regulation Number 20 of 2021 concerning the Regulation of the Utilization of Abandoned Land, and Presidential Regulation Number 62 of 2023 concerning the Acceleration of Agrarian Reform, the reality shows that the effectiveness of these regulations remains low, both at the normative and implementation levels. This article aims to analyze the urgency of reformulating land policy to address the problem of abandoned land in urban areas. This research employs a normative juridical method, combining a legislative and conceptual approach, to examine the ineffectiveness of existing positive law. The results indicate that the key issues lie in weak oversight, minimal synergy between the central and regional governments, and landowner resistance to redistribution. Furthermore, socio-economic factors reinforce the dominance of land as a commodity, rather than as a means of fulfilling basic community rights. Therefore, policy reformulation based on distributive justice and the social function of land is needed, including the development of a comprehensive agrarian reform law, digitizing the land system, and strengthening the role of civil society in policy oversight. This reformulation is expected to serve as a strategic instrument in achieving equitable access to land and fostering inclusive and equitable cities
Copyright (c) 2025 Lily Kalyana, Widodo Budidarmo (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
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
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.
Copyright (c) 2026 Rahma Fitria Marta, Fakhrurrazi M. Yunus, Nurul Fithria, Ozioma Victoria Uchime, Nur Farahin Afiqah Daud (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Income Tax Reform under HPP Law: Implications for Tax Justice and Legal Certainty in Indonesia
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.
Copyright (c) 2026 Dinda Zilfattisa Kusnan (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
The Role of the Aceh Truth and Reconciliation Commission in Efforts to Restore the Rights of Conflict Victims in Aceh
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.
Copyright (c) 2026 M. Luthfi Delfian, Chairul Fahmi, Muslem Muslem, Safinaz Mohd Hussein, Shafiyah Rahmah (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
The Wife's Duty to Take Care of the House: A Critical Study of the Perspective of Nāṣiruddīn Al-Albānī
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.
Copyright (c) 2026 Arsyil Adlimi, Khairani Khairani, Boihaqi Haqi, Umi Hasheida Hussain, Uthman Mehdad Al-Turabi (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
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
Optimizing Asset Recovery in Corruption Cases: Evaluating Indonesia’s Legal Framework and the Need for Non-Conviction Based Forfeiture
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.
Copyright (c) 2026 Marlina Samosir, Raymundus Loin (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.
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