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All Journal JIHAD : Jurnal Ilmu Hukum dan Administrasi
Fendi Maruba Parlindungan Hutahaean
Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Mpu Tantular, Indonesia
Law, Crime, Criminology & Criminal Justice

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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.
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.
Co-Authors Adi Suseno Agung Prasetyo Appe Hutauruk Eko Fauzi Hotman Sinambela Imam Syafii Sunarno Sunarno