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Contact Name
Noni Antika Khairunnisah
Contact Email
noni@ejournal.mandalanursa.org
Phone
+6282341616497
Journal Mail Official
lpp.mandala@gmail.com
Editorial Address
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
Location
Kota mataram,
Nusa tenggara barat
INDONESIA
JIHAD : Jurnal Ilmu Hukum dan Administrasi
ISSN : 27459489     EISSN : 27463842     DOI : -
Core Subject : Social,
artikel yang dapat dimuat adalah Ilmu Hukum, Administrasi Negera, Administrasi Niaga, Administrasi Pemerintahan, Ilmu Kenotariatan, Administrasi Agraria
Arjuna Subject : Ilmu Sosial - Hukum
Articles 258 Documents
Legal Protection for Creditors in Credit Agreements with Mortgage Guarantees B, Sumiyati; Tamrin, Muh; Gumanti, Vidya
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.v6i4.7595

Abstract

The main problem in the research is how legal protection is for creditors in credit agreements with collateral. The research method used is normative legal research, which is conceptualized in a statutory regulation, and examined in relation to protection for creditors in credit agreements with collateral for mortgage rights. The results of the research show that legal protection for creditors is that they are given the right to take repayment of debts to previous creditors in the form of executing the object of collateral rights using method (1). Parate execution (direct execution), namely the creditor holding the first mortgage right has the right to sell the object of the mortgage right under his own authority through a public auction. (2). Execution with the assistance of a judge is a request for execution by the creditor to the Chairman of the District Court to carry out the execution with a judge's decision which has definite and binding legal force. (3). Execution of sales under the hand, namely an agreement between the giver and the holder of the mortgage right to carry out a sale under the hand of the object of the mortgage right to obtain the highest possible price that is useful for all parties.
Efforts to Resolve Social Conflict in Facing Social Conflict Emergencies in Indonesia Saifudin, Nur
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.v6i4.7919

Abstract

The diversity of religions, ethnic identities and cultures in Indonesia has unwittingly created building blocks that disrupt the harmony of social cohesion and interrelationships. Conflicts with ethnic nuances are often associated with a spirit of ethnocentrism and narrow nationalism. Ethnocentrism is a way of thinking that makes one's own group the center of everything and becomes the benchmark for assessing and measuring other groups. Each group is assumed to cultivate its own pride and self-esteem, feel superior, glorify the sanctity of its own group and look down on other groups. Each group thinks that its group's tradition of thinking and acting is the most correct while the traditions of other groups are always viewed with disdain. Misperceptions of subjective culture in responding to the diversity of ethnic, cultural and religious identities in social life can lead to large-scale conflicts that require government intervention in efforts to resolve emergency conflicts in Indonesia.
Disparitas Putusan Mahkamah Konstitusi Terhadap Ambang Batas Usia Calon Presiden dan Wakil Presiden (Studi Putusan No. 29/PUU-XXI/2023 dan Putusan No. 90/PUU-XXI/2023 Tentang Ambang Batas Usia Calon Presiden Dan Wakil Presiden) Ashari, Ashari; Ari Amalia, Riska; Umam, Khairul; Maulana Kafrawi, Rachman
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 6, No 3 (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.v6i3.6967

Abstract

Tujuan penelitian ini untuk mengetahui disparitas putusan mahkamah konstitusi terkait ambang batas usia calon presiden dan wakil presiden, penelitian ini merupakan jenis penelitian hukum normatif yang menggunakan metode pendekatan perundang-undangan, konseptual dan kasus. Hasil penelitian menjelaskan bahwa jika dikaji dari aspek pertimbangan hakim mahkamah konstitusi dalam perkara nomor 29/PUU-XXI/2023 menyatakan penentuan usia minimal Presiden dan Wakil Presiden menjadi ranah pembentuk undang-undang (open legal policy), sementara dalam perkara nomor 90/PUU-XXI/2023 mahkamah konstitusi memberi tafsir bahwa Keberadaan kebijakan hukum terbuka (open legal policy) meskipun dapat diterima dalam praktik ketatanegaraan namun dalam perkembangannya Mahkamah konstitusi bisa saja mengabaikan atau mengesampingkan seraya memberi tafsir ulang terhadap norma yang merupakan open legal policy tersebut, sementara dari prosedur pengambilan keputusan dalam Rapat permusyawaratan hakim yang dilakukan dalam perkara Nomor 29/PUU-XXI/2023 ketua mahkamah konstitusi Anwar Usman tidak ikut serta membahas dan memutus untuk menghindari konflik kepentingan, sementara dalam perkara Nomor 90/PUU-XXI/2023 dengan isu konstitusionalitas yang sama ketua mahkamah konstitusi ikut membahas dan memutus perkara dengan putusan dikabulkan sebagian yakni berusia paling rendah 40 tahun atau pernah/sedang menduduki jabatan yang dipilih melalui pemilihan umum termasuk pemilihan kepala daerah. 
Law Enforcement Against Trafficking of Narcotics & Prohibited Drugs in Pohuwato District Alhasni, Mohamad Rizky; Beddu, Sumiyati; Nur, Rafika
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.v6i4.7816

Abstract

Drug abuse from year to year always increases, The causes of this abuse consist of two factors, namely internal and external factors. With these problems, this study aims to determine the implementation of law enforcement against drug abuse and illegal drugs. The approach method that the author will use in this study is the Juridical Sociological approach method. The Juridical Sociological approach focuses on the implementation of research to obtain empirical legal knowledge by being directly involved with the object. The results of the study show that in the process of law enforcement against narcotics crimes both in the process of investigation, investigation, prosecution, examination in court and the execution process refers to the Criminal Procedure Code (KUHAP) while the imposition of sanctions is regulated in Law Number 35 of 2009 concerning Narcotics. BNN, Police, Prosecutors, Judges and other law enforcers including community components have the responsibility to carry out prevention and control of drug abuse. This is a mandate from the laws and regulations, including in this case the Narcotics Law. Prevention of drug abuse must be carried out as soon as possible with anticipatory measures, including primary prevention, secondary prevention, and tertiary prevention
Dynamics of Business Competition in the Business Sector Online Transportation: Case Study of Grab Indonesia's Discriminatory Allegations Against Independent Drivers According to the Business Competition Supervisory Commission's Perspective Salsabilasyah, Firyal Nur; Ardhanareswari, Viona; Aulia, Saffira; Tarina, Dwi Desy Yayi
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.v6i4.7631

Abstract

This research discusses the dynamics of business competition in the online transportation sector, focusing on a case study of allegations of discrimination by Grab Indonesia against independent drivers. Ride-hailing has become an integral part of modern society, leveraging technological developments to provide efficient and transparent transportation services. However, behind the convenience offered, the issue of unfair business competition arises, such as what happened to Grab Indonesia. This research explores how the cooperation between Grab Indonesia and PT TPI, which provides rental vehicles for drivers, has led to allegations of discrimination against independent drivers. Using a normative juridical research method, this study analyzes the mechanism for resolving violations of law related to discrimination by the Business Competition Supervisory Commission (KPPU). The results show that the discriminatory actions taken by Grab Indonesia have negatively impacted independent drivers and triggered regulatory intervention by KPPU.
Function of the General Election Supervisory Body in Enforcement General Election Law in the 2024 DPR, DPD and DPRD Member Elections for West Nusa Tenggara Province Dilman, Dilman
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.v6i4.8212

Abstract

This study uses descriptive qualitative method with institutional and management approaches. The variables were studied are patterns of relationship and communication, as well as accommodation and governance functions. The data were obtained from interviews informants and secondary data on laws, regulations, and reading materials that have relevance to the problems examined. The results showed that Bawaslu role in the handling of violations in the general elections of DPR, DPD and DPRD members year 2024 in Nusa Tenggara Barat province is still less than optimal, it is caused by several factors: first, the lack of capacity of human resources (HR); weak human resource capacity of election supervisors at the district / city and election supervisory ranks below to understand and carry out their duties and functions. This condition occurs because of the nature of institutional panwaskab / town which is adhoc, adhoc election recruitment pattern is still not good, and the low budgetary allocation surveillance in the area. Second, regulatory factors, there are a number of provisions that restrict Bawaslu in maximizing its role, such as: short handling time violation, Bawaslu is not authorized to forcedly call in the clarification process, and the obligation to prepare minimum of two (2) evidence in forwarding the recommendations. While seen from the institutional relations, functions of accommodation, and governance held Bawaslu of Nusa tenggara Barat province has been going well, and be a driving factor for Bawaslu of Nusa Tenggra barat  province in the implementation of institutional management to optimize the role of Bawaslu of Nusa tenggara Barat province in the handling of violations and electoral law enforcement in the election of DPR, DPD and DPRD year 2024.
Responsiveness Family Law Reform in Indonesia and Tunisia (Study of Post-Divorce Child Custody Putri, Suci Ramadhani; Anam, Ahmad Gautsul
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.v6i4.7955

Abstract

This study aims to explain the development of understanding of child custody after divorce, describe an overview of the provisions of child custody after divorce in Indonesia and Tunisia, explain the importance of applying the best interest of the child in post-divorce child custody decisions, and finally assess the responsiveness of child custody provisions after divorce in Indonesia and Tunisia. This research is a qualitative research, with a normative juridical approach. The main sources of data for this research are Law Number 1 of 1974 concerning Marriage jo. Law Number 16 of 2019, Compilation of Islamic Law and Code of Personal Status (CPS).  Family law reform in Tunisia is more progressive in ensuring the law is responsive to social change and children's needs. On the other hand, Indonesia still faces challenges in integrating traditional values with modern legal principles. Both countries have the potential to learn from each other, especially in creating a more equitable and child-oriented legal system after divorce. Both countries offer flexibility in addressing social contexts, relationships between children and parents, and emotional needs. However, implementation varies between the two countries. Islamic law in Indonesia strongly influences child protection, while Tunisia's CPS reforms in the year focused on gender equality.
Sanctions For Moral Rights Violations in Law No. 28 Of 2014 Concerning Copyright Amalia, Rafika
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.v6i4.7549

Abstract

The purpose of writing this article is to analyze the regulation of moral rights in Copyright Law no. 28 of 2014 and examines the regulation of sanctions for violations of moral rights. The research method used is normative legal research using a statutory approach and analysis of legal concepts. The results of this research are that the regulation of the protection of moral rights in copyright law is clearly regulated in Article 5. Furthermore, the regulation of sanctions in copyright law has not been regulated. Copyright law only regulates sanctions for violations of economic rights. In contrast to the previous copyright regulations in 2002, sanctions for violations of moral rights were stipulated, but these regulations are not included in the current copyright regulations.
Legal Perspective on the Credit Restructuring Program as an Effort to Accelerate the Recovery of the Business Sector Post the COVID-19 Pandemic Widianto, Bayu
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.v6i4.7848

Abstract

The COVID-19 virus outbreak Indonesia has created problems very significant impact sustainability of MSMEs in Indonesia, and that is turned out to have impact on decline in MSME sector. To overcome the problems caused by COVID-19, government has issued various policies, one of which is restructuring of the COVID-19 stimulus credit stipulated in Financial Services Authority Regulation. This study aims to determine implementation and impact of credit restructuring policies on MSME debtors. Research is normative-empirical juridical type and descriptive in nature. Data in this study consisted of primary and secondary data. Data collection instruments in this study were divided into two, namely primary and secondary data. Primary data was collected by interview method, while secondary data collection used documentation study. This study uses qualitative analysis techniques. Goal of this research is to analyze the effectiveness of credit restructuring program in supporting economic recovery after COVID-19 pandemic.
Borrowing the Womb of a Second Wife: An Indonesian Legal Perspective Br. Sibuea, Masri Rumita
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 1 (2025): 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.v7i1.8235

Abstract

The purpose of marriage is to form a happy and eternal family, one way to achieve this is to have offspring that come from the husband and wife's own gamete cells. One of the obstacles faced by a married couple is when the wife is unable to conceive and give birth to a child due to a problem with the wife's uterus. One way that can be taken to overcome this obstacle is through surrogacy, namely the husband and wife rent another woman's uterus as a surrogate mother to conceive and give birth to their fetus in exchange for a sum of money. Currently, renting another woman's uterus without a valid marriage bond is prohibited in Indonesia, making this act illegal. Renting a uterus to be valid in the eyes of the law must be based on a valid marriage, namely by marrying a surrogate mother. The problem is how to arrange borrowing the womb of a second wife based on Law Number 16 of 2019 concerning Amendments to Law Number 1 of 2019 concerning Marriage and the legal status of children born from the first wife by the second wife based on the Civil Code. The type of research used in this study is normative library research. The type of data used is secondary data. Drawing conclusions is done by starting from general things to then be applied to specific things. The purpose of a husband's marriage with more than one wife because the wife cannot bear children changes the term rent to borrow. The marriage law has accommodated this, where the court grants permission to a husband who will have more than one wife if one of the requirements is that the wife cannot bear children. A husband who applies to the court to have more than one wife must meet the requirements, namely obtaining approval from the wife; certainty that the husband is able to guarantee the necessities of life for his wife and children; guarantee that the husband will be fair to his wife and children. The legal status of a child can be determined from the marital status of the child's parents or the qualification of not being related by blood to the parents as determined by the court. The legal status of a child born to a second wife for a first wife based on the Civil Code (KUHPer) is determined by whose the gamete belongs. The KUHPer states that a legitimate child is a child who is born or raised during a marriage, has a husband as his father, so if the gametes come from the husband and first wife, then the legal status of the child is a legitimate child of the first wife, because the child born is not genetically related to the surrogate mother because it does not use the surrogate mother's ovum cells. If the gamete involves the surrogate mother's ovum cells, then the child is the legitimate child of the second wife.