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Editorial Board Ahmad Yani, Indonesia Noni Antika Khairunnisah, Indonesia Nurfidah Nurfidah, Universitas Mataram, Indonesia Adhar Adhar, Institut Pendidikan Nusantara Global, Indonesia Reviewer List Syahrir Syahrir, Universitas Pendidikan Mandalika (ID Scopus : 57212168180), Indonesia Adhar Adhar, Institut Pendidikan Nusantara Global, Indonesia Editor In Chief Noni Antika Khairunnisah, Indonesia
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INDONESIA
JIHAD : Jurnal Ilmu Hukum dan Administrasi
Published by Lembaga Penelitian dan Pendidikan Mandala
ISSN : 27459489     EISSN : 27463842     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
artikel yang dapat dimuat adalah Ilmu Hukum, Administrasi Negera, Administrasi Niaga, Administrasi Pemerintahan, Ilmu Kenotariatan, Administrasi Agraria
Arjuna Subject : Ilmu Sosial - Hukum
Articles 304 Documents
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Analysis of Regulations Regarding Interfaith Marriages According to a Religious Perspective, Marriage Law and Decision No. 916/Pdt.P/2022/Pn.Sby Elrika, Elrika; Sudirman, Maman; Djaja, Benny
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 6, No 4 (2024): 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/jihad.v6i4.7583

Abstract

Marriage in Indonesia is carried out by obtaining legal recognition from religion and the state. The Marriage Law stipulates that a legal marriage must follow the religious beliefs that are believed in. In Indonesia, the practice of interfaith marriage that is not allowed is Islam and Hinduism, while Catholicism and Protestantism, Buddhism and Confucianism are four religions that allow marriage with different religions. The Compilation of Islamic Law and SEMA dated January 30, 2019 number 231/ PAN/HK.0  1/2019 also regulates not recognizing interfaith marriages so that such marriages cannot be registered. However, Court Decision No. 916/Pdt.P 2022 /PN.Sby granted the applicants' request to legalize and register and record the marriage of the parties. Thus, for the parties who are married of different religions in the case. Have a valid marriage before the law and the state for interfaith marriages. However, in 2023, SEMA Number 2 of 2023 was issued on July 17, 2023 concerning Instructions for Judges in Adjudicating Cases of Applications for Marriage between People of Different Religions and Beliefs, which are prohibited from being granted by the court.
Limits of Criminalization of False News AsCriminal Acts in Elections Sukadana, Dewa Ayu Putri
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 6, No 4 (2024): 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/jihad.v6i4.7861

Abstract

The serious danger of election hoaxes is when the hoax is conveyed to the public who are very apathetic or in people who do not trust the current government, and distributed massively ahead of voting day. It is at this stage that hoaxes can intervene free choice of voters who have greater autonomy."The aim of this research is to analyze the basis and limits of criminalization of the act of fabricating and spreading hoaxes election. The focus of this research is on the act of fabricating and disseminating hoaxes part of election crimes. This research is document research using statutory approach and case approach. The results of this research show that the basis The criminalization of the act of fabricating and spreading election hoaxes is not because it exists lies but there are attempts to disrupt the democratic process and there is danger or loss remote harm in the form of a threat to national security. The act of manufacturing and spreading election hoaxes is part of the black campaign. Limitation Criminalization can be carried out if there is a clear and present danger and there is a mistake serious, intentional, from the perpetrator. However, there are difficulties in criminalizing it the act of fabricating and spreading election hoaxes. As part of a black campaign campaign) then the criminal act is formulated as an offense propria and the time of committing the criminal act limited to the campaign period only. The recommendation for this research is the use of facilities other than criminal law must be put forward. There needs to be regulation in the field of administrative law regarding election hoaxes both in election law and information law and electronic transactions. 
Analysis of Supervision Forms for Communities Carrying Out Destructive Fishing in West Sulawesi Waters Laitupa, Salma; Sabrina, Dian Fitri; Kartika, Eka Dewi; Syam, Sitti Mutmainnah
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 6, No 4 (2024): 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/jihad.v6i4.7768

Abstract

The behavior of fishermen engaging in harmful practices, such as bombing and use forbidden fishing gear, adversely affect the sustainability of the marine ecosystem. The legal question addressed in this article is to the kind of monitoring exercised by the community engaged in destructive fishing in the waters of West Sulawesi. The oversight of the community engaged in destructive fishing is characterized by inherent supervision from the Provincial and Regency Marine and Fisheries Service, internal oversight by the Regional Office of the Ministry of Marine Affairs and Fisheries, and external supervision by the Water and Air Police (Polairud). However, the supervision of destructive fishing in the waters of West Sulawesi is notably ineffective, with patrols occurring only in response to reports from fellow traditional fishermen to the government
Legal Study of the Role of Political Parties in Making Regional Regulations in the Regional People's Representative Council of Purbalingga Regency Narendo, Virgiawan Moro; Rifqi Samhudi, Gamalel
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 6, No 4 (2024): 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/jihad.v6i4.8082

Abstract

Countries that have democratic systems really need political parties as a forum for everyone to express their opinions, either as representatives of the people and also as a medium for peaceful political leadership. The role of political parties is a crucial element in determining the direction of a country's policies. In reality, there are often challenges such as the attraction of political interests, the fragmentation of party coalitions, and the influence of local political forces that play a role in influencing the final policy outcome. Therefore, it becomes interesting to understand how the role of political parties is related to the making of local regulations through their representatives in the DPRD. By using juridical normative research methods, it can be concluded that political parties play an important role in the concept of negotiations that occur during the process of making local regulations so that these regulations remain in accordance with the aspirations of the people and do not conflict with Pancasila.
Application of Safety Riding on The Highway in The Perspective of Road Transportation Traffic Law Mahadewi, Kadek Julia
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 6, No 4 (2024): 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/jihad.v6i4.7623

Abstract

The high number of accidents on the highway every year results in the government taking policies in carrying out legal protection for the public in driving on the highway.  This is aimed at the Government to make efforts to estimate the number of accidents that result in the loss of a person's life.  The government by using the Safety Riding  method in driving on the highway hopes to reduce the number of accidents that arise in the community by paying attention to completeness and safety in traffic on the highway.  The problem that arises How is the implementation of safety riding carried out by the government in relation to the UULAJ?.  The purpose of this journal is so that the public has awareness carried out by the community, especially the younger generation, can have awareness of driving on the highway by remembering the importance of safety for themselves and others and a sense of safety and comfort when driving. The use of Safety Riding is inseparable from the role of the Government, Companies and the community in forming synergy in efforts to save traffic.  The implementation of Safety Riding is present in the community to prevent the number of accidents so that the UULLAJ is a suggestion for legal protection in the community.
Legal Certainty Regarding Multiple Land Rights Certificates In Indonesia Fitri, Dian; Mutiara, Upik
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 6, No 4 (2024): 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/jihad.v6i4.7876

Abstract

This study explains and informs about the legal certainty of double land certificates in Indonesia, because this is a legal problem that often arises especially in Indonesia. The research method is by researching sources from Google Scholar, library materials, and secondary materials. The results of the study indicate that the resolution of disputes over double land certificates is prioritized through a mediation process (non-litigation) if it is not proven then it is continued through the court process
The Making of Authentic Deeds by Notaries Without the Presence of the Parties During the Covid 19 Virus Pandemic Pratama, Satria Bagas
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 6, No 4 (2024): 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/jihad.v6i4.7498

Abstract

Notaries are authorized by law to make authentic deeds. When presenting their wishes, they are required to appear before a Notary as stated in Article 38 paragraph (3) of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notaries. However, at the beginning of 2020, Indonesia was hit by the spread of the Covid-19 virus, which prompted the government to carry out large and small scale efforts in all sectors. This influence affects the notary's performance in carrying out his duties and powers. The cyber notary concept has become an alternative method during the Covid-19 pandemic. The absence of the parties to appear has affected the strength of the notarial deed. This research method is normative with secondary data sources using primary, secondary and tertiary legal materials. A notarial deed made without a presenter has the power of a private deed, but can be upgraded to an authentic deed when the presenter comes before the notary, signed by the notary, the parties and the witness.
The Importance of The Role of Parents in Children's Marriages to Get a Major Who is Sekafah and Sekufu In religious and Sema Law Number 2 Year 2023 Habib, Muhamad; Hantoro, Setyo; Maemunah, Maemunah; Harahap, Sintong Mangandarmuda
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 6, No 4 (2024): 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/jihad.v6i4.7826

Abstract

Having a partner who shares the same faith, beliefs, and is compatible in terms of kafa'ah (suitability) and kufu (equality) is a dream for every person, especially among Muslims. A marriage with a partner who is aligned in faith, beliefs, kafa'ah, and kufu is believed to foster a harmonious household, free from conflicts that could lead to disputes between husband and wife, potentially resulting in a failed marriage. Therefore, guidance and advice from parents play a crucial role in preparing children to choose a spouse who aligns with their faith, beliefs, and compatibility in kafa'ah and kufu. over time, this concept has developed into several factors such as age, occupation, education, and even religious organizations. Unbalanced couples often lead to disputes between the two. Meanwhile, a balanced couples will greatly assist the socialization process towards family happiness, namely the sakinah, mawaddah and rahmah families.
Reflection On Strengthening Hindu Law in The Era of Globalization Budiana, I Nyoman; Mahadewi, Kadek Julia
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 6, No 4 (2024): 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/jihad.v6i4.7719

Abstract

The development of the times has made several shifts that occur in life, one of the concerns that arise about local wisdom that occurs in society regarding the flow of globalization and the dependence of culture in society.  The existence of Hindu law in a dynamically applicable society.  The problem raised in the writing of this journal is how does Hindu law exist in the era of globalization? The research method in this journal uses a normative method, the approach uses a legislative approach, the legal sources are primary sources and secondary sources, the technique of collecting legal materials, the study of documents and the analysis technique uses descriptive. Hindu law and customary law in the national legal system have not yet been compiled into positive law (ius constitutum), because they have not been established as formal laws and regulations in accordance with Law No. 12 of 2011 concerning the Establishment of Laws and Regulations. 
Legal Protection Against Discriminatory Treatment of Persons with Disabilities in Procurement of Recruitment for State Civil Servants Ghassani, Firasya Dhiwa; Amarini, Indrianti
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 6, No 4 (2024): 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/jihad.v6i4.8062

Abstract

UUD NRI 1945 Constitution emphasizes that the government must protect the rights of each individual, develop rules and implement them accurately and maintain justice for all levels of society without exception for people with disabilities. The recruitment process of the State Civil Apparatus in Indonesia has not been completely free from allegations of discrimination. The experience of drg Romi, a person with a disability from Solok Regency, is an example of the many cases of discrimination that occur in Indonesia. The UUPD explains the rights of persons with disabilities, by stating the obligations of the government and agencies in this regulation, the fulfillment of the rights of persons with disabilities can be fulfilled. The provisions regulated regarding the fulfillment of the rights of persons with disabilities in the recruitment process of the State Civil Apparatus in the ASN Law are the reference of this research. The author's research method is normative juridical or normative legal research using qualitative analysis methods to achieve the objectives of this writing.

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