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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 258 Documents
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Validity of Absentee Land Ownership Based on Sale and Purchase Deed Number 01/DEPOK/1967 (Case Study of Supreme Court Decision Number 599/K/PDT/2019) Saputri, Widya Anugrah; Handayani, Sri Wahyu
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 2 (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.v7i2.8726

Abstract

In the implementation of the land reform program, deviations occurred by tenant farmers as recipients of land redistribution by transferring ownership rights of absentee land to others through a deed of sale and purchase, without the approval of the Minister of Agrarian Affairs. This happened because the tenant farmers did not fulfill their obligation to pay the required fees after being granted the agricultural land, leading to land disputes, as seen in the District Court Decision No. 165/Pdt.G/2014/PN in conjunction with the Bandung High Court Decision No. 346/PDT/2016/PT.BDG in conjunction with the Supreme Court Decision No. 599 K/Pdt/2019. The issue at hand is the validity of the transfer of ownership rights of absentee land based on the deed of sale and purchase No. 01/Depok/1967 in this case and the impact of the Supreme Court Decision No. 599/K/PDT/2019 on the validity of absentee land. This thesis employs normative juridical research methods. The validity of the deed contradicts Article 14 paragraph (4) of Government Regulation No. 224 of 1961 concerning the Implementation of Land Distribution and Compensation, and its impact is that the land returns to the original owner before the land was declared absentee, with the land being returned to the respective heirs. However, the heirs do not reside where the land is located, thus they must immediately transfer the agricultural land to another party who resides in the same area as the land, in accordance with Article 3c of Government Regulation No. 41 of 1964 concerning the Implementation of Land Distribution and Compensation.
Comparison of Copyright Laws in Indonesia and Japan as WTO Member Amalia, Rafika
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 2 (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.v7i2.8659

Abstract

The aim of this research is to determine the comparison of Copyright Laws in Indonesia and Japan because as members of the WTO they are obliged to refer to the TRIPs Agreement in harmonizing copyright law as their national regulations. This research uses normative legal methods with statutory and comparative conceptual approaches. The results of this research are that basically the copyright provisions in Indonesia and Japan are the same, including regarding the purpose, creator's rights, objects of protection, related rights, registration, transfer of copyright and actions that are considered infringement, but there are differences regarding the period of protection. The Indonesian Copyright Law does not yet clearly regulate sanctions for violations of moral rights.
Legal Analysis of the Implementation of Doctor's Authority by Nurses in Emergency Situations Based on Law No 17 Of 2023 (Wanakerta Health Centre and Delima Asih Hospital) Permana, Diki; RAS, Hernawati; Durahman, Dani
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 2 (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.v7i2.8801

Abstract

Delegation of authority in health services in Indonesia is regulated in Article 290 of Law Number 17 Year 2023 on Health, which allows medical personnel (such as doctors) to delegate some of their authority to other health personnel (such as nurses), provided that the recipient has sufficient competence. The purpose of this delegation is to improve the efficiency and effectiveness of services, especially in emergency situations. However, its implementation must be accompanied by accountability, where the doctor as the person in charge of the service (Article 66) can be held legally responsible if malpractice occurs due to supervision or instructions that are not in accordance with standards. This research uses a normative analysis method of the Health Law and its implications in practice. The results show that mediation is the first step in dispute resolution, while compliance with SOPs and good medical documentation are key to preventing legal conflicts. Recommendations include improving the competence of health workers, socialising regulations, strengthening SOPs, and inter-professional collaboration to minimise the risk of malpractice.
Legal Liability of Notaries for Misuse of Certificate Custody by Third Parties: Case Analysis of Albert Riwukore Klenten, Bred; Djaja, Benny; Sudirman, Maman
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 2 (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.v7i2.8746

Abstract

A notary, as a public official, holds legal responsibility for any document or item entrusted to them in the scope of their professional duties. This paper examines the legal liability of Notary Albert Riwukore regarding the loss of nine land ownership certificates (SHM) that were initially deposited during the credit collateral process between Rachmat (debtor) and BPR Christa Jaya Perdana (creditor). Although the SHMs were retrieved by Rachmat—its legal owner—for photocopying purposes, the retrieval lacked written consent and official documentation from the notary's office. This raised legal concerns under both civil law (tort and breach of contract) and criminal law (alleged embezzlement). The analysis reveals that the notary’s responsibility must be distinguished between administrative negligence and criminal intent. No evidence supports the presence of dolus (malicious intent), although culpa (negligence) may still be applicable. Moreover, Rachmat's voluntary action as the rightful owner to retrieve the certificates eliminates a key element of embezzlement. This study underlines the importance of meticulous documentation systems and precautionary procedures in the notarial profession to avoid potential criminalization of their official duties.
Critical Reflection on the Empty Box Phenomenon and Political Party Cadre Crisis Sudiarsana, I Kadek; Fithrian Luthfan, Gusti Fadhil; Tombi, Johan Tri Noval Hendrian
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 2 (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.v7i2.8656

Abstract

Indonesia's democratic life in the 2024 elections is characterized by complex dynamics, such as demonstrations against the alleged constitutional disobedience by the Baleg DPR and the empty box phenomenon in 37 regions. This indicates the degradation of the quality of democracy, where political parties that should be a forum for political education are instead shackled by the hegemony of fat coalitions, ignoring the function of regeneration. This normative juridical research uses statutory and conceptual approaches, with qualitative data analysis, concluding that parties fail to optimize their strategic role in democracy. The empty box phenomenon reflects the pragmatism of political parties that are trapped in the comfort zone of coalitions, even losing the basic philosophy of their establishment. The implications include election budget inefficiency, inhibition of regional strategic programs due to risk-averse acting regional heads, and threats to the quality of development. To restore democracy, the author proposes: (1) limiting political party coalitions, (2) reformulating the requirements for independent pathways in regional elections, and (3) preventing power domination in order to create a competitive democratic ecosystem with integrity.
The Views of Bayan Village Religious Figures About Weak Women in a Bayan Traditional Wedding, North Lombok District Khairi, Muazzam; Hamim, Khairul
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 2 (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.v7i2.8571

Abstract

This research examines the views of village religious leaders  Bayan Regarding Awik-awik Kirangan in Bayan Traditional Weddings North Lombok Regency, to find out what the figures think Bayan Village religion regarding awik-awik kirangan in traditional marriages parrot. The research method used in this research is Descriptive Qualitative Research. Data collection techniques used are observation, interviews, and documentation. Data analysis techniques used include data reduction, data presentation and drawing conclusions. Meanwhile, the research location in this study was Bayan Village, Bayan District, North Lombok Regency. The results of the research show that, this kirangan awik-awik still carried out until now since the wedding until now. According to the views of religious figures, awik-awik This thought will be a secret/safety, no problem religion and does not conflict because it has become a mutual agreement. The reason is because it has become a mutual agreement on during the gundem (customary deliberation) event and has become a standard decision Bayan indigenous people who cannot be changed.
Implementation of the Principle of Appropriateness in Determining the Amount of Iddah, Mut'ah, and Child Support for Civil Servants Based on Sema No. 3 of 2018 (Study of Supreme Court Decision Number 42 K/Ag/2024) Natigor Daulay, R. Fahmi; Muhammad, Ade Sultan
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 2 (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.v7i2.8768

Abstract

This research examines the application of the principle of appropriateness in determining post-divorce maintenance amounts for Civil Servants based on Supreme Court Circular Letter No. 3 of 2018 through a study of Supreme Court Decision Number 42 K/Ag/2024. The regulation of iddah maintenance, mut'ah, and child support in Indonesian positive law has been established in various legal instruments, but its implementation often faces challenges in determining appropriate and fair amounts. Through a normative juridical research method with a case approach, this research analyzes how the Supreme Court applies the principle of appropriateness by considering factors such as the husband's economic capacity as a civil servant, the duration of marriage, the basic needs of the former wife and children, and the principle of a year's living costs as a benchmark for iddah maintenance and mut'ah. This decision becomes an important jurisprudence that corrects lower court decisions by improving the amount of iddah maintenance from Rp7,500,000 to Rp12,000,000, mut'ah from Rp30,000,000 to Rp48,000,000, and child support from Rp2,000,000 to Rp5,000,000 per month with a 10% increase each year, reflecting a progressive approach in religious court practice that prioritizes substantive justice and protection of women's and children's rights after divorce.
Peran Hukum Admnistrasi Negara Dalam Penataan Pedagang Kaki Lima: Studi Kasus Di Kawasan Pasar Bambu Kuning Bandar Lampung Sari, Nabila Permata; Khairudin, Khairudin
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 2 (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.v7i2.8750

Abstract

The regulation of street vendors (PKL) in the Bambu Kuning Market area of Bandar Lampung presents multidimensional challenges related to legal, social, and spatial planning aspects. This study aims to analyze the role of administrative law in the regulation process using a normative-empirical approach and case study method. The findings indicate that the implementation of PKL management policies remains weak in terms of legality, transparency, accountability, and public participation. The local government tends to adopt a repressive approach without valid administrative documentation and minimal involvement of PKL in policy formulation. Violations of key principles of administrative law, such as the principles of legality and proportionality, further exacerbate legal uncertainty and social inequality. This study recommends the reformulation of inclusive and responsive policies through the establishment of consultative forums and capacity-building for government officials in applying good governance principles and protecting citizens' rights in public space management
Legal Protection of Workers' Rights Against Cases of Unilateral Termination of Employment in Review of Law No. 6 of 2023 on Labour Copyright Wijaya, Dion Untung; Kurniati, Yeti; Durahman, Dani
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 2 (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.v7i2.8670

Abstract

This research aims to find out the protection of workers' rights for unilateral termination of employment (PHK) carried out by the company. specifically aims to find out: first, how is the form of legal protection of the rights of workers / labourers who experience unilateral termination of employment (PHK) carried out by the company based on Law Number 6 of 2023 concerning Job Creation, second, how can legal remedies be taken by workers / labourers who experience termination of employment (PHK) who are not fulfilled their rights by the employer. This research uses normative juridical legal research methods with a statue approach and conceptual approach. The results of this study indicate that in the event of termination of employment (PHK) has a legal regulatory basis listed in Article 151 of the Job Creation Law which discusses the ways to terminate employment (PHK). Exceptions regarding termination of employment (PHK) are contained in Article 153 of the Job Creation Law. Various reasons for termination of employment (PHK) can be done but not done in a unilateral manner by the company which will harm workers/labourers. Legal protection against unilateral termination of employment (PHK) has been regulated in Article 153 of the Job Creation Law, where in the termination of employment (PHK), the company will be responsible for the termination of employment (PHK).
The Role of Notaries in Ensuring Legal Certainty in Acquiring Land Rights Based on Inheritance in Indigenous Communities Leriana, Helda; Djaja, Benny
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 2 (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.v7i2.8830

Abstract

The acquisition of land rights through inheritance in customary law communities represents the continued existence of indigenous legal systems that are still recognized within Indonesia's national legal framework. However, such transfers are often undocumented within the national land registration system, resulting in legal uncertainty. In this context, notaries play a strategic role as public officials authorized to draw up authentic deeds that provide legal certainty and protection for such acquisitions. This study aims to analyze the role of notaries in ensuring legal certainty in the inheritance-based acquisition of land rights in customary law communities, as well as to identify challenges and formulate effective strategies within notarial practice. This research employs a normative and empirical juridical approach by examining statutory regulations, legal doctrines, and conducting interviews with notaries and traditional leaders. The findings reveal that notaries not only perform formal-administrative functions but also engage substantively in verifying the validity of inheritance claims based on customary law and formalizing them into legally recognized deeds. The primary challenges include the lack of written evidence, discrepancies between legal systems, and limited coordination between indigenous communities and land administration authorities. Therefore, a synergistic approach is required among notaries, customary leaders, and state institutions to develop a system of proof that accommodates customary legal realities while upholding the principle of legal certainty.

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