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All Journal JIHAD : Jurnal Ilmu Hukum dan Administrasi
Appe Hutauruk
Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Mpu Tantular, Indonesia
Law, Crime, Criminology & Criminal Justice

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 1 
Analysis of Law Enforcement Against Violations of Fishing Permits (SIPI), Fishing Vessel Permits (SIKPI), and Fisheries Business Permits (SIUP) Reviewed from Law Number 45 of 2009 Adi Suseno; Appe Hutauruk; Fendi Maruba Parlindungan Hutahaean; Sunarno Sunarno
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol. 8 No. 3 (2026): JIHAD : Jurnal Ilmu Hukum dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/ytw4sn54

Abstract

The licensing provisions in fisheries business activities, namely the Fisheries Business License (SIUP), Fishing License (SIPI), and Fish Transport Vessel License (SIKPI), are state control instruments for the orderly and sustainable utilization of fish resources. Violations of the obligation to own these permits are not merely administrative in nature, but are categorized as criminal acts in the fisheries sector as regulated in Law Number 31 of 2004 concerning Fisheries as amended by Law Number 45 of 2009. This article aims to analyze the regulation of SIPI, SIKPI, and SIUP according to Law Number 45 of 2009 and their legal enforcement, by taking a case study of Decision Number 72/Pid.Sus-Prk/2024/PN.Rkb. This research uses a normative legal research method with a legislative approach, a case approach, and a conceptual approach. The research results show that the regulation of SIUP, SIPI, and SIKPI has a clear legal basis but has undergone adjustments to norms after the implementation of the risk-based licensing policy through the Online Single Submission system, without eliminating the criminal nature of violations for large-scale business actors. Law enforcement in the field is still hampered by overlapping authority between institutions, limited supervisory facilities, difficulties in proving on the high seas, and disparities between sanctions and economic benefits for perpetrators, resulting in less than optimal deterrence. Strengthening of technology-based supervisory systems, institutional synergy, and a proportional legal approach between the ultimum remedium function for small-scale fishermen and firm action against large business actors and foreign vessels are needed
Normative Luridical Analysis of Law Enforcement Against Perpetrators of The Criminal Acts of Fragment of Marriage Origins of Identity Agung Prasetyo; Appe Hutauruk; Fendi Maruba Parlindungan Hutahaean; Sunarno Sunarno
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol. 8 No. 3 (2026): JIHAD : Jurnal Ilmu Hukum dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/tdchqs93

Abstract

The criminal offense of falsifying marital history is a crime that rarely comes to light but has the potential to cause harm to others, especially when a person’s prior marital status is concealed from a prospective partner. This normative legal study analyzes the concept and legal framework of this criminal offense under Indonesian positive law, as well as its enforcement in practice, using legislative, case law, and conceptual approaches, with primary legal sources consisting of legislation and the Cibinong District Court Decision No. 260/Pid.B/2025/PN Cbi, which were analyzed using a qualitative-deductive method. The results of the study show that the concept of falsifying the origin of a marriage is not regulated as a standalone offense, but is scattered throughout Articles 277 –280 of the former Criminal Code, with the core of the offense consisting of the concealment of a legal impediment to marriage (wettelijk beletsel) accompanied by the element of the perpetrator’s knowledge (wetenschap), which intersects with the Marriage Law, the Population Administration Law, and their updates in Articles 401–404 of the National Criminal Code. Law enforcement faces structural challenges, the nature of complaint-based offenses, the difficulty of proving intent, the lack of integration between population and marriage data, and a legal culture that tends to resolve these issues through informal, family-based means.
Comparative Analysis of Mutual Agreement Procedure (MAP) Regulations in Indonesia, Singapore, Japan, and Australia within the OECD BEPS Action 14 Framework Eko Fauzi; Appe Hutauruk; Hotman Sinambela; Fendi Maruba Parlindungan Hutahaean
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol. 8 No. 3 (2026): JIHAD : Jurnal Ilmu Hukum dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/xad1sc39

Abstract

The increasing number of international tax disputes resulting from double taxation and Base Erosion and Profit Shifting (BEPS) has strengthened the importance of effective dispute resolution mechanisms. In response, the Organisation for Economic Co-operation and Development (OECD) introduced BEPS Action 14 to establish minimum standards for improving the effectiveness of the Mutual Agreement Procedure (MAP). This study aims to analyze the conformity of Indonesia's MAP regulations with the OECD BEPS Action 14 Minimum Standard and to compare Indonesia's regulatory framework with those of Singapore, Japan, and Australia. The research employs a normative juridical approach supported by statutory, comparative, historical, and conceptual analyses. Data were collected through library research, including legislation, tax treaties, OECD reports, MAP Peer Review Reports, and relevant academic literature. The findings indicate that Indonesia has substantially incorporated the OECD minimum standards through Minister of Finance Regulation No. 172/PMK.03/2023. However, challenges remain regarding procedural transparency, taxpayer accessibility, institutional capacity, and the timeliness of dispute resolution, with several cases exceeding the OECD's recommended 24-month resolution period. Compared with Singapore, Japan, and Australia, Indonesia demonstrates relatively lower performance in implementing an effective MAP framework. These shortcomings affect tax certainty, taxpayer protection, and Indonesia's compliance with international commitments under tax treaties. The study recommends strengthening the national regulatory framework, improving transparency and administrative procedures, enhancing the capacity of the Competent Authority, and adopting international best practices to increase the effectiveness of MAP implementation and reinforce legal certainty in international taxation.
The Effectiveness of Rehabilitation for Narcotics Users: A Legal Analysis of Law Number 35 of 2009 on Narcotics Hesty C Simatupang; Muh. Amin Saleh; Muhenri Sihotang; Appe Hutauruk
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol. 8 No. 3 (2026): JIHAD : Jurnal Ilmu Hukum dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/ffvx6g31

Abstract

The implementation of rehabilitation for narcotics users in Indonesia continues to demonstrate a gap between the legal framework and law enforcement practices. Although Law Number 35 of 2009 on Narcotics mandates medical and social rehabilitation for narcotics addicts and victims of narcotics abuse, its implementation remains inconsistent due to disparities in legal interpretation, limited access to integrated assessments, unequal rehabilitation facilities, and inadequate post-rehabilitation services. This study aims to analyze the legal regulation governing rehabilitation for narcotics users and to evaluate the effectiveness of its implementation within the Indonesian criminal justice system. The research employs a juridical-empirical approach using statutory, conceptual, and empirical methods. Secondary data were obtained from legislation, court decisions, books, scholarly journals, and official reports issued by the National Narcotics Board (BNN), while primary data were collected through interviews and documentation conducted at the research site. The data were analyzed descriptively using qualitative methods based on the theory of legal effectiveness and the legal system theory. The findings indicate that the existing legal framework provides an adequate basis for rehabilitation; however, its implementation has not yet achieved optimal effectiveness due to structural, instrumental, and cultural barriers among law enforcement institutions. Differences in the interpretation of legal provisions, inconsistent application of integrated assessment recommendations, and unequal availability of rehabilitation services have contributed to legal uncertainty and inconsistent judicial outcomes. Strengthening the legal status of integrated assessment results, establishing consistent prosecution and sentencing guidelines, expanding rehabilitation facilities, improving inter-agency coordination, and implementing evidence-based evaluation of rehabilitation outcomes are necessary to enhance the effectiveness of rehabilitation policies for narcotics users in Indonesia.
Criminal Liability for the Misuse of Personal Data by Corporations: A Criminal Law and Corporate Liability Perspective Lebrina Wonlele; Appe Hutauruk; Hotman Sinambela; Sunarno Sunarno
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol. 8 No. 3 (2026): JIHAD : Jurnal Ilmu Hukum dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/dvgve850

Abstract

The rapid expansion of digital technologies has significantly increased the risk of personal data misuse by corporations, creating complex legal challenges in determining corporate criminal liability. Although Indonesia enacted Law Number 27 of 2022 on Personal Data Protection, the practical application of criminal liability against corporations remains problematic due to the limitations of traditional criminal law doctrines in attributing actus reus and mens rea to corporate entities. This study aims to analyze the formulation of corporate criminal liability for the misuse of personal data and to examine future criminal law policies that can strengthen legal enforcement against corporate offenders. This research employs a normative legal method using statutory, conceptual, and comparative approaches. Primary legal materials consist of Indonesian legislation concerning personal data protection and corporate criminal liability, while secondary materials are derived from recent national and international scholarly journals. The findings demonstrate that conventional doctrines, particularly the Identification Theory, are insufficient to address decentralized digital corporations operating through automated decision-making systems. Instead, the Corporate Culture Model provides a more appropriate framework by evaluating organizational policies, governance structures, and institutional compliance in determining corporate fault. Furthermore, the study recommends integrating strict liability with a due diligence defense, strengthening digital forensic standards, recognizing AI-generated evidence, and adopting proportional turnover-based financial sanctions as effective mechanisms to enhance deterrence. These reforms are expected to establish a more adaptive and effective corporate criminal liability system capable of protecting personal data rights while ensuring legal certainty and accountability within Indonesia’s digital economy.
Judicial Reasoning in Sentencing Class I Narcotics Crimes under Indonesian Criminal Law: A Case Study of Decision Number 17/Pid.Sus/2025/PN Jkt.Pst Imam Syafii; Appe Hutauruk; Hotman Sinambela; Fendi Maruba Parlindungan Hutahaean
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol. 8 No. 3 (2026): JIHAD : Jurnal Ilmu Hukum dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/vqgjv440

Abstract

Narcotics crimes remain one of the most significant challenges to criminal law enforcement in Indonesia, particularly concerning Class I narcotics, which carry a high potential for abuse and severe social consequences. Differences in judicial reasoning when imposing criminal sanctions may result in sentencing disparities and raise concerns regarding legal certainty, justice, and consistency in judicial decision-making. This study aims to analyze the legal reasoning employed by judges in imposing criminal sanctions on Class I narcotics offenders and to examine whether the judicial considerations reflected in Decision Number 17/Pid.Sus/2025/PN Jkt.Pst are consistent with the provisions of Law Number 35 of 2009 concerning Narcotics, the Indonesian Criminal Procedure Code, and the fundamental principles of Indonesian criminal law. This research adopts a normative juridical approach using statutory, conceptual, and case approaches. Legal materials were collected through library research, including legislation, court decisions, legal doctrines, and scholarly literature, and analyzed qualitatively. The findings indicate that the judges’ reasoning was primarily based on legally admissible evidence, witness testimony, the defendant’s statement, material evidence, and relevant statutory provisions governing narcotics offenses. Furthermore, the court considered both aggravating and mitigating circumstances, reflecting juridical, philosophical, and sociological dimensions of criminal sentencing. The decision generally fulfills the principles of legal certainty, justice, and legal utility. Nevertheless, greater consistency in judicial reasoning is required to minimize sentencing disparities and strengthen the effectiveness of narcotics law enforcement in Indonesia. The study contributes to the development of Indonesian criminal law scholarship by providing a critical evaluation of judicial reasoning in narcotics cases and offering recommendations for more consistent sentencing practices.
Responsibility of Construction Consulting Service Providers for Third Party Losses Gabriel Libertus Turnip; Pahala Sinambela; Muh. Amin Saleh; Muhenri Sihotang; Appe Hutauruk
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol. 8 No. 3 (2026): JIHAD : Jurnal Ilmu Hukum dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/qeyyc054

Abstract

In practice, third-party victims often encounter legal obstacles and difficulty in claiming compensation because consultants hide behind the principle of contractual personality and the lack of explicit regulations detailing external protections in the Construction Services Law, so that the process of recovering victims’ rights is suboptimal. Das Sollen: Construction consultancy service providers should bear clear and firm legal responsibility to third parties if proven to have committed professional errors or negligence that violates safety standards, codes of ethics, and the principle of prudence, as mandated by Article 1365 of the Civil Code concerning Unlawful Acts. Legal protection for third parties is a form of public justice that cannot be ignored by the barriers of internal contractual relationships in the project. This research uses normative legal research, which is examined through a statutory approach, a conceptual approach, and a case study approach using primary, secondary, and tertiary legal materials analyzed qualitatively using a descriptive-analytical method. Indonesian positive law through Law Number 2 of 2017 concerning Construction Services clearly regulates the liability of service providers for building failures due to planning or supervision, where third parties have a legal basis to claim compensation under Article 1365 of the Civil Code even though they are not bound by a direct contract, with professional standards, codes of ethics, and duty of care as the primary references for determining professional error. The form of legal responsibility of construction consultancy service providers can arise through default or unlawful acts, where the consultant can be held responsible for paying material and immaterial compensation if it is proven that the losses to third parties are a direct result of professional errors such as negligence in technical analysis, errors in working drawings, or supervision that does not meet standards.
Legal Analysis of Name Change as a Form of Personal Identity Protection: A Case Study of District Court Decision Number 196/Pdt.P/2024/PN Jbg Fredy Penmaley; Muh. Amin Saleh; Muhenri Sihotang; Appe Hutauruk
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol. 8 No. 3 (2026): JIHAD : Jurnal Ilmu Hukum dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/kgfcb741

Abstract

  Name change constitutes an important legal mechanism within Indonesia's population administration system to ensure the consistency and legal validity of personal identity recorded in official documents. However, inconsistencies in identity data caused by differences in name spelling, historical recording errors, and undocumented name changes continue to create legal uncertainty and administrative obstacles, as reflected in District Court Decision Number 196/Pdt.P/2024/PN Jbg. This study aims to analyze the judge's legal considerations in granting the application for a name change and to examine the role of name change as a form of legal protection for personal identity. This research employs a normative legal research method using statutory, conceptual, and case approaches, supported by primary and secondary legal materials analyzed through qualitative methods. The findings indicate that the court granted the application after the applicant successfully proved inconsistencies in identity data across several official documents and demonstrated that the requested name change did not violate statutory provisions or public interests. The court's decision was based on documentary evidence, witness testimony, and the applicable population administration laws. Furthermore, the decision confirms that a court-approved name change provides legal certainty, harmonizes population administration records, strengthens legal recognition of an individual's identity, and facilitates access to public administrative services. Therefore, a judicial determination of a name change functions not only as an administrative correction but also as an effective legal instrument for protecting personal identity and ensuring legal certainty within Indonesia's population administration system.
Co-Authors Adi Suseno Agung Prasetyo Eko Fauzi Fendi Maruba Parlindungan Hutahaean Fredy Penmaley Gabriel Libertus Turnip Hesty C Simatupang Hotman Sinambela Imam Syafii Lebrina Wonlele Muh. Amin Saleh Muhenri Sihotang Pahala Sinambela Sunarno Sunarno