JIHAD : Jurnal Ilmu Hukum dan Administrasi
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258 Documents
<![CDATA[Development And Challenges of Telematics Law in The Digital Era in Indonesia ]]>
<![CDATA[Puannandini, Dewi Asri]]>;
<![CDATA[Nadapdap, Binton Jhonson]]>
<![CDATA[ JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 1 (2025): JIHAD : Jurnal Ilmu Hukum Dan Administrasi ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pendidikan (LPP) Mandala ]]>
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DOI: 10.58258/jihad.v7i1.8466
<![CDATA[This study aims to examine telematics law in Indonesia, from regulatory, implementation, and challenges in the digital era. Telematics law, which covers laws regulating the use of information and communication technology (ICT), has become increasingly important as digital technology evolves. Using a qualitative approach, this paper explores how telematics law is applied in Indonesia and the challenges and solutions in its implementation. The study also analyzes relevant laws and practices in regulating the use of information technology in Indonesia. The findings show that although the regulations exist, the implementation and public understanding of telematics law need to be improved.]]>
<![CDATA[Fairness in Disability Crimes Against the Law ]]>
<![CDATA[Bello, Yoel]]>;
<![CDATA[S, Sudirman]]>;
<![CDATA[Hijrah, Aswandi]]>
<![CDATA[ JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 2 (2025): JIHAD : Jurnal Ilmu Hukum Dan Administrasi ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pendidikan (LPP) Mandala ]]>
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DOI: 10.58258/jihad.v7i2.8560
<![CDATA[The main idea of the Theory of Justice as fairness was developed by John Rawls, a theory of justice that generalises and raises the traditional concept of social contract to a higher level of abstraction, Rawls' theory is similar to the classical contract because it also starts from a kind of natural state, justice as fairness states that the law must create an ideal society, namely a society that tries to increase happiness and minimise unhappiness (the greatest happiness of the greatest number of people). The purpose of this study is to offer the theory of justice as fairness to law enforcers in the legal process of disabilities who are in conflict with the law. This research uses normative research. The approach used in this research includes a conceptual approach. The results of this study can be concluded that the application of law enforcers regarding fairness Justice, namely the principle for the basic structure of society is recognised as the first principle, then the principle for individuals, then followed by the principle of national law. So finally the priority rules are used. to create a fairer and more balanced criminal case settlement agreement for disabilities dealing with the law.]]>
<![CDATA[Husband and Wife Relations in Javanese Society Perspective of Legal Theory as a Manifestation of the Nation's Soul (national spirit) ]]>
<![CDATA[Setyobudi, Teguh]]>;
<![CDATA[Wahid, Ziadul Ulum]]>;
<![CDATA[Makky, Aisyunnada]]>
<![CDATA[ JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 2 (2025): JIHAD : Jurnal Ilmu Hukum Dan Administrasi ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pendidikan (LPP) Mandala ]]>
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DOI: 10.58258/jihad.v7i2.8766
<![CDATA[This research examines husband and wife relations in Javanese society using the perspective of legal theory as a manifestation of the national spirit, known as Volksgeist. The relationship between husband and wife can be understood as a reflection of cultural values and the collective spirit of society which emphasizes harmony, balance of roles and spirituality and prioritizes the involvement of the extended family in maintaining traditional values. This research shows that these relationships are often based on the principle of complementarity, where both parties contribute to creating inner harmony within the family. However, social changes triggered by urbanization, education, and globalization encouraged the adaptation of Volksgeist values to modern norms. So a legal formation process is needed that absorbs local wisdom and cultural values to create regulations that are relevant to the needs of society. The incarnation of law is needed as a link between tradition and modernity. In conclusion, husband and wife relations from the Volksgeist perspective reflect cultural values that prioritize harmony and balance of roles, but still adapt to the social changes that occur. Law as a manifestation of the national spirit plays an important role in maintaining the continuity of cultural values while providing contextual justice in husband and wife relationships.]]>
<![CDATA[Prevention of Tax Avoidance by a Notary on Stock Grant Deeds Affected by Private Relationships ]]>
<![CDATA[Harnjo, Edline Annetta]]>;
<![CDATA[Susanto, Henro]]>;
<![CDATA[Gunawan, Edy]]>
<![CDATA[ JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 2 (2025): JIHAD : Jurnal Ilmu Hukum Dan Administrasi ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pendidikan (LPP) Mandala ]]>
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DOI: 10.58258/jihad.v7i2.8703
<![CDATA[Grant transactions are often considered by the public to be an exception to the object of Income Tax. This provision is a mandate of the Income Tax Law by considering the relationship between the giver and recipient of the grant. Stock grant transactions can be excluded as a tax object if they are given to blood relatives in a straight line of one degree and there is no relationship with business, work, ownership, or control between the two parties. Stock grant transactions are carried out with a deed of transfer of rights to shares which can be done privately or by notarial deed. Notaries as public officials who are authorized to make authentic deeds have an obligation to provide recommendations and ensure supporting documents attached by the parties. In terms of preventing tax avoidance, notaries can provide consultation and education based on their general understanding of taxation and review data related to the parties attached to the deed. Based on this, the role of notaries in carrying out their duties in preventing tax avoidance in stock grant transactions will be discussed.]]>
<![CDATA[The Role of The Prosperous Justice Party (PKS) In the Implementation of Islamic Sharia Enforcement in the City of Banda Aceh ]]>
<![CDATA[Nofriadi, Nofriadi]]>;
<![CDATA[Sabnu, Alga]]>;
<![CDATA[Qautsar, Muhammad Ilham]]>;
<![CDATA[Siregar, Nurul Azizah]]>;
<![CDATA[Nadila, Syarifa]]>
<![CDATA[ JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 2 (2025): JIHAD : Jurnal Ilmu Hukum Dan Administrasi ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pendidikan (LPP) Mandala ]]>
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DOI: 10.58258/jihad.v7i2.8631
<![CDATA[This study explores the role of the Prosperous Justice Party (PKS) in promoting the implementation and strengthening of Islamic law (Sharia) in Banda Aceh City. As an Islamic-based political party with significant influence in the region, PKS actively directs government policies and programs to align with Islamic values. Through its members in the local legislative council (DPRK) and the Regional Oversight Faction, PKS promotes fair regulations, monitors the implementation of Sharia to prevent its misuse for political purposes, and ensures that all government agencies, not only the Department of Islamic Sharia, are involved in upholding Islamic principles. PKS also pays attention to criticism from women and non-Muslim groups, responding wisely while maintaining the spirit of Sharia as a social solution rather than a political symbol. Additionally, PKS conducts internal evaluations of its legislative members to uphold their commitment to Islamic values. The party also emphasizes cadre development, clean public services, and active community participation in policymaking to ensure that Sharia implementation remains relevant and adaptive to modern social dynamics.]]>
<![CDATA[Implications of the Women's Empowerment and Child Protection Service (DP3A) Program in Malang Regency ]]>
<![CDATA[Setyowati, Eka]]>
<![CDATA[ JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 2 (2025): JIHAD : Jurnal Ilmu Hukum Dan Administrasi ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pendidikan (LPP) Mandala ]]>
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DOI: 10.58258/jihad.v7i2.8814
<![CDATA[Violence experienced by women and children is still a common case in Indonesia. The Women's Empowerment and Child Protection Service (DP3A) of Malang Regency is an agency that has the task and authority to prevent violence against women and children. This journal will write about the implications of the Women's Empowerment and Child Protection Service (DP3A) Program of Malang Regency in efforts to prevent violence against women and children in the Malang Regency area in 2024. The theoretical study used is the role theory studied using descriptive qualitative analysis. The results of the study explain that the Women's Empowerment and Child Protection Service (DP3A) of Malang Regency has played an active, participatory role and there is also a passive role through programs that have been created. Although there are several obstacles in the implications of the programs being run, including due to budget limitations and limited human resources, DP3A always looks for the best solution]]>
<![CDATA[Legal Liability of Expedition Service Companies for Loss of Consumer Goods During the Transportation Process at J&T Express CP Tukad Bilok Sanur Kauh Denpasar ]]>
<![CDATA[Oktavina, Sinta]]>;
<![CDATA[Marheni, Lily]]>
<![CDATA[ JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 2 (2025): JIHAD : Jurnal Ilmu Hukum Dan Administrasi ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pendidikan (LPP) Mandala ]]>
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DOI: 10.58258/jihad.v7i2.8741
<![CDATA[This research discusses the form of responsibility of expedition companies for the loss of consumer goods during the transportation process. The transformation of the market from a traditional model to a digital model through the internet has led to a significant increase in demand for expedition services. This condition has encouraged the emergence of a number of shipping service companies in Indonesia, one of which is J&T Express. This research applies a non-doctrinal juridical sociological approach. Based on the results of interviews and data analysis related to incidents of loss of goods belonging to J&T Express service users, it is found that the company has fulfilled its obligations by providing compensation or compensation for the loss of goods experienced by consumers. J&T Express service users who experience loss of goods have several options to take legal action, namely by options to take legal action, namely by filing a lawsuit or claim against J&T Express through non-litigation, which is a form of direct dispute resolution without going to court, or through litigation involving legal proceedings in court. Until now, based on the information obtained, there has never been a dispute resolution through litigation at J&T Express CP Tukad Bilok Sanur Kauh Denpasar.]]>
<![CDATA[Superstar Fitness' Default Dispute for Negligence in Contract Agreement ]]>
<![CDATA[Gani, Maria Minerva]]>;
<![CDATA[Lauren, Callista]]>;
<![CDATA[Maukar, Michelle Regine]]>
<![CDATA[ JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 2 (2025): JIHAD : Jurnal Ilmu Hukum Dan Administrasi ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pendidikan (LPP) Mandala ]]>
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DOI: 10.58258/jihad.v7i2.8645
<![CDATA[The dispute case between PT Cipta Usaha Amerta Nusantara and its creditors reveals the complexity of default in the implementation of the interior construction service contract. This research aims to analyze (1) the legal position of contract agreements in bankruptcy cases, (2) the application of the concept of debt as a form of default in treaty law, and (3) the legal possibilities that creditors have to recover their rights in the form of compensation, interest, or costs. The research method used is normative legal method with prescriptive and hermeneutic approaches. The decision of the Commercial Court at the Central Jakarta District Court shows that the bankruptcy petition cannot be granted because the minimum requirement of two legitimate creditors is not met. Nevertheless, the respondent's negligence in fulfilling its payment obligations towards the applicant and other parties, both employees and customers, showed a clear default. This research also reveals that creditors have a strong legal basis to demand the fulfillment of rights through default lawsuits and bankruptcy if the formal requirements are met. Therefore, more careful contract management and an adequate company financial monitoring system are required to avoid widespread losses for the parties involved.]]>
<![CDATA[Rights and Legal Position of Children out of Wedding in Civil Law ]]>
<![CDATA[Sukadana, Dewa Ayu Putri]]>
<![CDATA[ JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 2 (2025): JIHAD : Jurnal Ilmu Hukum Dan Administrasi ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pendidikan (LPP) Mandala ]]>
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DOI: 10.58258/jihad.v7i2.8559
<![CDATA[Legal status of illegitimate children according to the Civil Code (KUH Perdata), especially regarding their civil status and inheritance rights. In the Indonesian civil law system, illegitimate children only have a legal relationship with their biological parents if they have been legally recognized as regulated in Article 280 of the Civil Code. Illegitimate children are divided into three categories: adulterous children, incestuous children, and illegitimate children who can be recognized. Recognition of illegitimate children is constitutive, namely creating a new legal status that grants inheritance rights and other civil rights to the parents who recognize them. However, adulterous children and incestuous children cannot be recognized and do not have inheritance rights, except for the right to adequate living expenses. Although recognized illegitimate children have inheritance rights, their position is still different from legitimate children, both in terms of inheritance portion and family relationship. This discussion emphasizes the importance of recognition as a condition for the formation of a legal relationship between illegitimate children and parents, as well as its impact on inheritance rights based on the provisions of the Civil Code]]>
<![CDATA[The Position of Married Daughters in Adoption in the Ngada Tribe Indigenous Community (Study of Supreme Court Decision Number 407 K/Pdt/2019) ]]>
<![CDATA[Natigor Daulay, R. Fahmi]]>;
<![CDATA[Muhammad, Ade Sultan]]>
<![CDATA[ JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 2 (2025): JIHAD : Jurnal Ilmu Hukum Dan Administrasi ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pendidikan (LPP) Mandala ]]>
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DOI: 10.58258/jihad.v7i2.8767
<![CDATA[This research examines the position of married daughters in child adoption practices within the Ngada ethnic community through an analysis of Supreme Court Decision Number 407 K/Pdt/2019. Using normative legal research methods and a case approach, the study reveals that although the Ngada community adheres to a patrilineal system that traditionally prioritizes sons in child adoption, there exists an adaptive mechanism in the form of the concept "women can hold the machete" that enables the adoption of married daughters for the purpose of performing traditional rituals. The Supreme Court in its decision acknowledged this flexibility of customary law by rejecting the argument that adoption applies only to male children, while affirming that the practice of adopting married daughters does not contradict Ngada customary law as long as it is done to continue and perform traditional rituals. This research demonstrates that customary law is not a static system but rather dynamic and continuously evolving according to community needs, and highlights the important role of courts in harmonizing traditional values with principles of justice and equality within the context of legal pluralism in Indonesia.]]>
