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All Journal JIHAD : Jurnal Ilmu Hukum dan Administrasi
Muh. Amin Saleh
Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Mpu Tantular, Indonesia
Law, Crime, Criminology & Criminal Justice

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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.
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.
Agrarian Dispute Between the Ancol Urban Village Community and PTPelindo Kastono Kastono; Muh. Amin Saleh; Muhenri Sihotang; Sendi Sanjaya
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: 10.58258/9wrcem21

Abstract

Agrarian disputes remain one of the most complex legal issues in Indonesia due to overlapping land rights, weaknesses in land administration, and conflicting claims between local communities and state-owned enterprises. This study aims to examine the legal validity of the Land Management Right (Hak Pengelolaan Lahan/HPL) granted to PT Pelindo over land that has been physically occupied by the residents of RW 08, Ancol Urban Village, North Jakarta, as well as to analyze legal protection mechanisms and equitable dispute resolution models. This research employs a normative juridical method using statutory, conceptual, and case approaches. The legal materials consist of secondary legal sources, including legislation, court decisions, legal doctrines, and recent scholarly publications related to agrarian disputes, land administration, legal certainty, mediation, and agrarian reform. The findings indicate that the dispute reflects a conflict between formal legal certainty, as represented by land title certificates, and the substantive rights arising from the community’s long-standing physical occupation of the land. Weak administrative procedures, overlapping land registration, and the inadequate recognition of community rights are the primary factors contributing to the persistence of the dispute. Furthermore, the existing dispute resolution mechanisms have not fully accommodated the principles of justice, legal certainty, and public benefit. Therefore, this study proposes an integrated dispute resolution model through judicial review, agrarian mediation, land administration reform, and the implementation of agrarian reform policies to ensure balanced legal protection for both the affected community and the state-owned enterprise. Strengthening transparency in land administration and enhancing inter-agency coordination are also essential measures to prevent similar agrarian disputes in the future.
Co-Authors Appe Hutauruk Fredy Penmaley Gabriel Libertus Turnip Hesty C Simatupang Kastono Kastono Muhenri Sihotang Pahala Sinambela Sendi Sanjaya