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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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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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Supervision of Stay Permits for Foreign Citizens in the Legal Area of the TPI Gorontalo Class I Immigration Office Wahab, Ramla; Darmawati, Darmawati; Sumiyati, Sumiyati
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.v6i4.7591

Abstract

The authority to take immigration action regarding the expiration of a limited stay permit based on Article 53 of Law Number 6 of 2011 concerning Immigration in the Gorontalo City immigration area is the responsibility of the TPI Gorontalo Class I Immigration Office. The problem in this research is how to monitor and take action against foreign nationals who violate their residence permit (overstay) at the TPI Gorontalo Class I Immigration Office. The research method uses a normative and empirical juridical approach, the data used is secondary data and primary data. The study was carried out using literature and field studies, the data analysis used was qualitative. The results of the research show that the implementation of supervision and action against foreign nationals who violate residence permits (overstay) at the TPI Gorontalo Class 1 Immigration Office, enforcement of immigration law, especially regarding the issue of misuse of visas, the immigration authorities should apply cumulative criminal sanctions against perpetrators of criminal acts, namely the imposition of prison sentences. In accordance with the applicable provisions of the Immigration Law, after the perpetrator of a criminal offense has served his criminal sentence, the next action taken by the immigration authorities is to carry out administrative immigration action, namely deporting the foreign national
Principles of Child Protection in the National Criminal Code: Law Number 1 of 2023 Dudy, Aryadi Almau; Ashady, Suheflihusnaini
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.v6i4.7874

Abstract

The protection of children is a state responsibility based on the principles of the Convention on the Rights of the Child (CRC). As a member state, Indonesia ratified the Convention through Presidential Decree No. 36 of 1990. This study aims to analyze the implementation of child protection principles within the National Penal Code (Law No. 1 of 2023), referencing the four main pillars of the CRC: Non-Discrimination, the Best Interests of the Child, the Right to Survival and Development, and Child Participation. In this context, the author examines the application of these principles within various provisions of the Penal Code relevant to child protection. The analysis is conducted by categorizing these provisions based on the four main pillars of the CRC. This approach seeks to assess the extent to which the Penal Code aligns with international child protection standards while identifying potential inconsistencies that could harm children as legal subjects. By categorizing these provisions, the study aims to provide a deeper understanding of the integration of CRC principles into national criminal law and their implications for child protection in Indonesia. The results indicate that these principles have been incorporated into the Penal Code through specific provisions, particularly those concerning child protection. This reflects a national commitment to safeguarding children as a vulnerable group and ensuring their rights are fulfilled in accordance with international standards.
Implementation Of Audit Quality Control System Policy on Intern Supervision of The Regional Inspectorate West Sumbawa District Afriliani, Neni; Zulkieflimansyah, Zulkieflimansyah; Yamin, Ahmad
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.v6i4.7770

Abstract

This research discusses the implementation of the Audit Quality Control System Policy in the Internal Supervision of the Regional Inspectorate of West Sumbawa Regency. The aim of this research is to describe the obstacles and implementation of audit quality control system policies in the internal supervision of the Regional Inspectorate of West Sumbawa Regency. The type of research used in this research design uses a qualitative descriptive method with a comparative approach. The research results found that the Implementation of the Audit Quality Control System Policy in the Internal Supervision of the West Sumbawa Regency Regional Inspectorate was based on George C. Edward III's Theory, namely a). Communication: External communication has been carried out in accordance with Audit Standards. Meanwhile, internal communication is still not established intensively. The obstacles found were the lack of persuasive 2 (two) way communication; b). Resources: supporting resources include human resources, budget and facilities and infrastructure. The obstacles found were the lack of fulfillment of these resources in accordance with applicable needs and regulations; c). Disposition or attitude: The auditor is still negligent and not fully objective in carrying out his duties. The obstacles found were the lack of motivation and commitment of the Auditor and insufficient support from APIP Leadership; d). Bureaucratic structure: there is no SOP for implementing audit quality control. The obstacle found is that there has been no development of a quality assurance and improvement program within the scope of APIP. So, it is concluded that the implementation of the Audit Quality Control System Policy in the Internal Supervision of the Regional Inspectorate of West Sumbawa Regency has not been fully implemented properly in accordance with applicable regulations and standards and there are still obstacles found in communication factors, resources, disposition or attitude and organizational structure.
Juridical Analysis of the Impact of Online Application-Based Public Transportation of Motorcycle Taxis Regulation Policies (Case Study in Tangerang and surrounding areas) hantoro, setyo; Santoso, Aris Prio; Guntara, Peter
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.v6i4.8151

Abstract

It has been more than 14 years since motorized two-wheeled vehicles have been operating on the roads, through the "GOJEK" app, which can be downloaded from the Playstore. This has proven that this type of passenger and goods transportation can be an alternative solution for the community to become a primary source of income, thus improving family economies. It is now time for the government to provide a space for this new type of transportation to enter as a special transportation category with a "yellow" plate. The introduction of this new transportation system has created job opportunities for the wider community. From its establishment in 2010, starting with 10 people, it has grown to over 2 million people in 2024 who are now partners in the company. This system was also tested during the COVID-19 pandemic, which affected almost the entire world. Specifically in Indonesia, this type of transportation has proven to be very helpful. Operationally, this type of transport is relatively cheaper and highly affordable for its partners. One can imagine how many millions of people would lose their jobs if the government insists on not recognizing this type of transportation as a special transport fleet. It is referred to as special because: This type of fleet does not have a fixed base (such as a terminal) and usually operates from wherever, but currently, due to partner awareness, they gather at a specific point, becoming a gathering place for online motorcycle taxi partners. This type of fleet is similar to the commonly used vehicles on the road, with divided and separate routes. This type of fleet can go anywhere, which has become a point of contention for other vehicles that operate according to their designated routes. However, the presence of this type of fleet is already highly needed, and it is clearly proven that this type of transportation is more accessible to serve the community. Therefore, passengers do not need to walk far to use this transportation service. It is hoped that by officially recognizing this special transport service, it can improve safety and enhance the welfare of online motorcycle taxi partners across the country. 
Taxation Provisions for Multinational Companies in Indonesia Sofiyah, Yuni
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.v6i4.7671

Abstract

The taxation of multinational corporations in Indonesia has a complex legal framework that integrates with international regulations. This article discusses various provisions governing taxes for companies operating in more than one country, including the obligation to collect income tax (PPh), value-added tax (VAT), and to fulfill transparent financial reporting requirements. In Indonesia, multinational corporations must comply with the rules stipulated in the Tax Law and implement transfer pricing principles in line with OECD guidelines. This regulation introduces new provisions related to income tax, tax collection, and more transparent reporting obligations for foreign entities. One key point is the update on the global minimum tax, aimed at preventing tax avoidance and strengthening a fair tax system. Additionally, the law emphasizes the need to fulfill substance requirements for intercompany transactions to reduce the potential for harmful transfer pricing. Consequently, multinational companies are expected to operate more responsibly and in compliance with the established regulations while continuing to contribute to Indonesia's economic growth.
Study of the Public Health Impact Due to Environmental Pollution by Mining Activities in the District. Berau – East Kalimantan, in the perspective of Law No. 23 of 2009 concerning Environmental Protection and Management Handono, Totok; Santoso, Aris Prio Agus; Rezi, Rezi
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.v6i4.7934

Abstract

Mining activities in Berau Regency, East Kalimantan, have made a significant contribution to the economy, but have also had a negative impact on the environment and public health. This research aims to examine the impact on public health due to environmental pollution by mining activities, as well as the effectiveness of implementing Law No. 23 of 2009 concerning Environmental Protection and Management. The research uses a normative and empirical juridical approach using interview, observation and document analysis methods. The research results show that there is a relationship between environmental pollution and increased morbidity and mortality in communities around the mine. The conclusion of this study recommends improving environmental management and implementing public health protection policies.
Police Involvement in Corruption Crime Investigations Rusmana, I Putu Edi
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.v6i4.7537

Abstract

Various rules and regulations enacted to replace prior legislation have not ensured success in combating corruption in Indonesia. The existence of several laws governing the authority and obligations of each law enforcement officer, such as the police, prosecutors, judges, and the Corruption Eradication Committee (KPK), has resulted in ambiguity in their authority or over-lapping authority granted by the state, creating a false perception. For example, the police as investigators believe they are authorized to investigate corruption cases in addition to prosecutors and the KPK. This research focuses on two issues. The first is what is the role of the police in in-vestigating corruption cases? And the second question is what procedures do the police carry out in investigating corruption crimes?  The findings show that there has been no cooperation in the form of laws and regulations between police investigators and other law enforcement agencies such as the Prosecutor's Office and the KPK, so it is urgent that a law be enacted that clearly and in detail regulates the authority, cooperation, and coordination in investigating corruption, so that it becomes more effective and can be implemented.
Reconstructing the Rights to Justice and Legal Protection for Disabled Youth in the Frame of Human Rights Guntara, Peter; Dewi, Seroja Kusuma; Handayani, Rini DP
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.v6i4.7847

Abstract

Adolescents with disabilities often receive discriminatory treatment and are far from a sense of justice. This causes adolescents with disabilities to experience limitations in fulfilling the rights that they should get. Disabled adolescents basically have the same rights as non-disabled adolescents in general. All forms of rights attached to adolescents with disabilities have been fully compiled in the concept of Human Rights. The government's seriousness in fulfilling the rights of adolescents with disabilities has been compiled with the ratification of the Convention on the Rights of Persons with Disabilities into Law Number 19 of 2011. In addition, the government has also promulgated Law Number 8 of 2016 concerning Persons with Disabilities. This research is descriptive qualitative research using an empirical normative approach. This research discusses the importance of fulfilling the rights of justice and legal protection for adolescents with disabilities by putting forward the theory of justice based on human rights. Through a complete understanding of the concept of justice rights and legal protection for adolescents with disabilities, it is hoped that discriminatory actions against adolescents with disabilities will never reappear and can restore the rights of all adolescents with disabilities. Based on the results of the study, a new concept of ideas related to the reconstruction of justice rights and legal protection for youth with disabilities in Indonesia based on positive law and human rights theory is obtained, namely with the ISPAS method approach (Issuance, Surveillance, Participation, Specifications).
Analysis of the Legal Strength of Oral Agreements in the Civil Code 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.v6i4.7725

Abstract

An agreement is a legal relationship that is often carried out in social life in society.  An agreement according to Article 1313 of the Civil Code is an act by which one or more people bind themselves to one or more other people. Without realizing it, verbal agreements are often made in social life. The goal to be achieved is to understand the provisions governing oral agreements as well as knowing and understanding the legal force of oral agreements based on the Civil Code. The legal research method used is a normative research type, the approach is legislation and a conceptual approach. Furthermore, the legal materials are sourced from secondary legal materials and primary legal materials. Primary sources are in the form of the Civil Code, while secondary sources are books and scientific journals. The results of this research are that based on the Civil Code, verbal agreements have legal force. Its legal force applies between the parties who make it. Legal force has a reciprocal element, namely the existence of an agreement. An agreement that intends to bind oneself and together in an oral agreement. The legal strength of an oral agreement is closely related to the validity of an agreement which is said to have legal force or fulfill the requirements for the validity of the agreement. An oral agreement becomes a valid agreement if it contains these two elements
Legal Protection for QRIS Users as an Electronic Payment Tool in Trade Transactions Luvianti, Teressyavira
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.v6i4.8074

Abstract

Forms of Legal Protection for QRIS Users as Electronic Payment Instruments in Trade Transactions There are two types, the first is preventive legal protection carried out by Bank Indonesia for violations , this is done by means of administrative sanctions in the form of warnings, fines, to temporary suspension of some or even all electronic money activities and sanctions for revocation of e-money operating licenses . Second, through repressive legal protection, namely protection in the form of sanctions in the event of a dispute or criminal act for consumers who misuse the QRIS code. Legal Settlement for QRIS Users Who Experience Losses is carried out by means of litigation, namely through the courts under the Supreme Court, while non-litigation can be carried out at the BPSK institution, Arbitration using non-litigation dispute resolution methods

Page 13 of 31 | Total Record : 304

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