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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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Legal Implications of Constitutional Court Decision Number 46/PUU-VIII/2010 on Inheritance Rights of Children Born Out of Wedlock Suparidho, Febrihadi; Muhammad, Ade Sultan; Daulay, R. Fahmi Natigor
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.v7i2.8792

Abstract

This study aims to determine the legal implications of the Constitutional Court Decision Number 46/PUU-VIII/2010 on the inheritance rights of illegitimate children. In the Indonesian legal system, referring to Law Number 1 of 1974 concerning Marriage, it states that illegitimate children only have a civil relationship with their mother, so they are not entitled to inheritance from their father. However, the Constitutional Court's decision changed this paradigm by recognizing the civil relationship of illegitimate children with their biological father if it can be proven scientifically and technologically, such as through DNA testing. This study uses a normative legal research method with primary and secondary legal materials. The results of the study indicate that the legal implications of the Constitutional Court's Decision provide fairer and more equal legal protection for illegitimate children in obtaining recognition of inheritance rights from their father which can be proven scientifically from the science and technology recognized by applicable law.
Consumer Protection in E-commerce Transactions in Indonesia: A Case Study of Fraud in Online Purchases Pangesti, Trias; Prastyanti, Rina Arum
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.v7i2.8740

Abstract

The rapid growth of e-commerce in Indonesia provides convenience in conducting transactions, but also increases risks for consumers, especially regarding online fraud such as unrealized delivery of goods or unreal sellers. The purpose of this study is to evaluate how effective legal protection is for consumers who are victims of fraud in electronic transactions. The method used in this research is normative juridical with a case study approach to examine existing regulations and their implementation in the field. The research findings show that legal protection for consumers in Indonesia has been regulated through Law No. 8/1999 on Consumer Protection and Law No. 11/2008 on Electronic Information and Transactions, but its implementation still faces various challenges, such as weak control, difficulty in proving the identity of the perpetrator, and the low level of digital literacy of the community. The case studies analyzed show that legal measures taken against e-commerce fraud often do not provide adequate resolution for victims. Therefore, there is a need to strengthen regulations, improve monitoring mechanisms for e-commerce platforms, and provide education to consumers to reduce the risk of fraud in online transactions.
Political Party Performance: Election Systems in Developing and Developed Countries Nofriadi, Nofriadi; Firsa, Pocut Zahran Nada; Ry, Mohd Dzaky; Fitriani, Rahma; Mahendra, Di Aidil
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.v7i2.8633

Abstract

This study aims to analyze the influence of electoral systems on political party performance by conducting a comparative study between developing and developed countries. Using a qualitative approach and secondary data analysis, this study explores how different electoral systems such as proportional and majoritarian systems affect political party dynamics, political representation, and voter participation. The findings show that developed countries with proportional electoral systems tend to produce more inclusive and responsive political parties, while developing countries often face challenges such as party fragmentation and low voter participation due to the majoritarian system. This study provides important insights for the development of more effective electoral systems and improving political party performance in both categories of countries.
Title Legal Principles of Contracts in Employment Contracts for Indonesian Migrant Workers Abroad Surya, Ida
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 3 (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.v7i3.9415

Abstract

The legal principles of agreements in employment agreements for Indonesian migrant workers (TKI) abroad aim to determine the application of legal principles of agreements in the placement of Indonesian migrant workers (PMI) abroad, and entering into employment agreements with people we do not know as well as the factors that cause violations of employment agreements for the placement of TKI abroad. This research is normative research, namely legal research conducted by examining library materials or in other words using secondary data, namely laws and regulations, Ministerial decisions, legal theories and expert opinions. The results of the research on the application of legal principles of agreements in the placement of Indonesian migrant workers (PMI) abroad have not been implemented properly. Coercion, fraud and abuse of circumstances occur in the placement of PMI abroad caused by the economic, social, educational or psychological conditions of the prospective PMI in the employment agreement which results in the service user in this case through the PMI placement company being more dominant in determining the terms and conditions of the employment agreement. This kind of agreement is known as Adhesie Contracten. This agreement condition is possible considering that the Civil Code does not adhere to the principle of Justuta Pretitum, so there are no requirements that require the creation of a balance between the achievements of both parties, as a result many PMI are required to carry out work that is identical to the 4Ds, namely Dirdy (dirty), and Gerous (dangerous), Demand (demand), and Death (death) which usually occurs in a closed (domestic) work environment. Factors that violate the law against TKI who are abroad are caused by, among other things, the structure of the labor market in Indonesia.
Responsibilities of Local Governments in Creating a Child-Friendly City in Gorontalo City Pinoi, Ramli; Marwan, Marwan; Nusa, Apriyanto
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 3 (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.v7i3.9351

Abstract

The government, through Regional Regulation (Perda) of Gorontalo City Number 7 of 2019 concerning the Implementation of Child-Friendly Cities, has promoted the establishment of Child-Friendly Cities (KLA) in Gorontalo City. This study aims to determine the implementation of the Gorontalo City government's responsibilities in realizing child-friendly cities. And what obstacles are faced in implementing the Gorontalo City government's responsibilities in realizing child-friendly cities. Using the Normative-Empirical Legal research method (applied law research), which is a research that uses normative-empirical legal case studies in the form of legal behavior products, with the research results  Implementation of the responsibility of the Gorontalo City Regional Government in realizing a Child-Friendly City in terms of policy. The regional government has developed a number of policies that regulate the protection, fulfillment of children's rights to education, health, and participation, as well as empowering institutions related to children such as the Children's Forum and Integrated Posyandu and Implementation of the responsibility of the Gorontalo City Regional Government in realizing a Child-Friendly City in terms of activity programs in fulfilling children's rights. The Gorontalo City Regional Government has implemented various activities aimed at fulfilling children's basic rights, such as education, health, protection, and participation
Legal Responsibility for Notaries for Deeds of Agreement Made Privately on Blank Forms Rachmayanti, Marsa Latifa Putri
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 3 (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.v7i3.9144

Abstract

The issue that arises then is whether the agreement can be accepted in positive law. The problem in this journal discusses how the Notary's Responsibility for the Deed of Agreement through blank forms and How the Legal Protection for the injured party is for the Deed that is canceled, which aims to gain an understanding regarding the validity of the Deed of Agreement. The method used is Normative Jurisprudence, Conceptual Approach Type, Using Data Collection Methods with Literature studies related to Laws and Regulations, and the Research Specifications used are Descriptive Techniques that focus on solving legal problems and events. The results of this study explain that the Notary's responsibility in making a deed of agreement through blank forms is very large, including civil, criminal, and administrative responsibilities. Legal protection for parties to a deed of agreement that is canceled by law is based on the principle of justice and legal certainty guaranteed by statutory regulations.  
Responsibility of Cooperatives as Public Transportation Operators for the JakLingko Microtrans Accident on Route 17 Pulo Gadung – Senen Simanjuntak, Elsa Maria S G
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 3 (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.v7i3.9433

Abstract

accidents in Jakarta, one of which is the Mikrotrans JakLingko Route 17 Pulo Gadung–Senen accident caused by driver negligence. The main issues examined are: What is the form of responsibility of Koperasi as the operator of Mikrotrans JakLingko toward the victims of the Route 17 Pulo Gadung–Senen accident caused by the driver; and what obstacles does Koperasi face as the operator of Mikrotrans JakLingko in fulfilling its responsibility toward the victims of the Route 17 accident caused by the driver. This study employs a normative juridical method with a descriptive approach, using secondary data and primary data supported by interviews, analyzed qualitatively with deductive reasoning. The findings indicate that Koperasi, as a public transportation operator, bears legal responsibility for the actions of its employed drivers, in accordance with Articles 192 and 189 in conjunction with Article 309 of Law No. 22 of 2009. The main obstacle lies in the absence of sufficient funds to fully compensate the victims.
Ethical Review of Telemedicine Practices in Healthcare Services in Indonesia Using the Natural Law Theory Approach Agus Santoso, Aris Prio; Sukendar, Sukendar
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 3 (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.v7i2.8707

Abstract

The lack of comprehensive integration between ethical and legal dimensions in the regulation and practice of telemedicine in Indonesia highlights the need for in-depth analysis based on the principles of Natural Law to ensure justice, patient rights protection, and medical accountability. This study employs a descriptive qualitative method with a conceptual approach grounded in Natural Law Theory to assess the extent to which telemedicine regulations reflect universal moral values. The findings indicate that telemedicine development must be rooted in core medical ethics principles such as justice, beneficence, non-maleficence, autonomy, and patient privacy, principles that represent expressions of natural moral law. According to Thomas Aquinas, health policies that deviate from these moral principles lose their legitimacy as they contradict reason and the common good. Therefore, telemedicine policy must not only focus on technical aspects and efficiency but also uphold human dignity and justice. This Natural Law approach enables Indonesia to build a technology-based healthcare system that is not only legally valid but also fundamentally moral and just.
The Implementation of the Iddah Period for Men: A Mediation Mechanism to Prevent Divorce Anugerahayu, Ayang Afira; Fangggi, Prandy Arthayoga Louk
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 3 (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.v7i3.9427

Abstract

This study aim to analyze the implementation of a waiting period (iddah) for men as mechanism for preventing divorce in Indonesia, in line with Circular Letter of the Director general of Islamic Community Guidance No. P-005/DJ.III/Hk.00.7/10/2021. The research employs a normative legal method by examining regulations related to the waiting period as stipulated in the Compilation of Islamic Law (KHI), the Marriage Law, and classical fiqh. It applies a comprehensive approach combining Islamic legal sources, the statute approach, the conceptual approach, and the social approach. The findings indicate that, functionally, the proposed idea aligns with the concept of Syibh al-Iddah (waiting period), which is derived from the principles of maslahah mursalah (public benefit) and maqāṣid al-sharī‘ah (objectives of Islamic law). This concept also resonates with the practice of mandatory mediation already regulated under Indonesian positive law. The study concludes that although the idea lacks a normative basis in classical fiqh, its application represents a progressive and effective step. The waiting period provides space for both parties to reflect, manage emotions, and potentially achieve reconciliation. This is reinforced by recent regulations issued by the Supreme Court and the Directorate General of Islamic Community Guidance, which de facto have already implemented such a waiting period for men. Therefore, the formal application of this mechanism, even without employing the terminology of iddah, serves as a strong instrument to preserve family integrity and reduce divorce rates.
Legal Responsibilities for Notaries Who Draw Nominee Agreement Deeds Relating to Ownership of Land Rights by Foreign Citizens in Bali Kamalrullah, Rayhan Zhafrandy
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 3 (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.v7i3.9252

Abstract

The objective of this research is to identify the various forms of notary liability for deeds that indicate legal smuggling due to their contradiction with the prevailing laws and regulations in Indonesia. The research method used is a normative juridical method with statutory, case, and analytical approaches. As we know, Indonesia’s agrarian law, as stipulated in the Basic Agrarian Law (UUPA), adheres to the principles of nationality and national sovereignty. This principle is enshrined in Article 9 paragraph (1) of the UUPA, which states that only Indonesian citizens may have a full legal relationship with land, water, and space, within the boundaries specified by law. However, to circumvent this regulation, parties often engage in land sale and purchase agreements using a nominee agreement or name-lending arrangement. Such actions may be classified as legal smuggling in the agrarian sector. A notary who participates in such legal smuggling by drafting deeds containing nominee agreements can also be held liable for the consequences of their actions.

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