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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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Responsibility of PPAT in Preventing Transfer of Land Rights that Violates the Principle of Prudence Rokhman, Moh. Lutfi
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.v7i3.9122

Abstract

In every land sale and purchase transaction, the existence of a Land Deed Official (PPAT) plays a key role. PPAT is not only a registrar, but also a guarantor of the legality of the land rights transfer process. One of the fundamental principles that must be upheld by PPAT is the principle of caution, namely a professional attitude to always check the validity of documents and the legality of objects before making a deed. However, in practice, it is not uncommon to find PPATs who ignore this principle. For example, making a deed for land that is still in dispute, does not have a certificate, or using the identity of an unauthorized party. Violations such as this not only harm the profession, but also have an impact on legal and financial losses for the parties involved. Therefore, it is important to examine more deeply the responsibilities of PPAT in preventing violations of the principle of caution. The PPAT is required to read the deed to the relevant parties and provide an explanation regarding the contents and purpose of making the deed, the PPAT deed must be read/explained to the parties in the presence of at least 2 (two) witnesses before being signed immediately by the parties, witnesses and the PPAT. One of the principles of caution is regulated in Article 22 of Government Regulation Number 37 of 1998 as amended by Government Regulation Number 28 of 2006 concerning Amendments to Government Regulation Number 37 of 1998 concerning Regulations on the Position of Deed Making Officials that the PPAT Deed must be read/explained to the parties in the presence of at least 2 (two) witnesses before being signed immediately by the parties, witnesses and the PPAT. Therefore, if the PPAT does not use the principle of caution, then the legal consequences of the deed made by the PPAT can be canceled by the party who feels aggrieved and can even go to court.
Law Enforcement on Ownership of Business Identification Numbers Against Micro, Small and Medium Enterprises in Bukit Merapin Village Nurfadillah, Zacky; aizin, Irawan F; Fahriansyah, Fahmi; Fadillah, M. Rizky; Hakim, Fauzan; Putri, Shindy Fretisya; Farihah, Najiatul
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.v7i3.9456

Abstract

This study aims to examine the legal enforcement of Business Identification Number (NIB) ownership among Micro, Small, and Medium Enterprises (MSMEs) in Bukit Merapin Urban Village. Although the government has introduced a risk-based licensing system through the Online Single Submission (OSS) platform, in practice, most business actors in the area still do not possess an NIB. This research adopts an empirical juridical approach with a descriptive qualitative method, supported by observations, interviews, and official data from relevant institutions. The findings reveal that the low rate of NIB ownership is primarily caused by limited legal literacy, insufficient access to digital technology, and the lack of active socialization by local government authorities. This situation highlights a gap between the normative framework of licensing regulation and the actual legal practice at the grassroots level. NIB should not merely be seen as an administrative requirement, but rather as a legal instrument that ensures protection and economic empowerment for small-scale entrepreneurs. Therefore, affirmative actions such as legal education, OSS technical assistance, and simplified licensing facilitation are urgently needed to promote administrative justice and equitable legal recognition for MSMEs.
Law Enforcement Against the Sale of Alcoholic Beverages in Gorontalo City Laode, Chyntiya Permatasari; Darmawati, Darmawati; B, Sumiyati
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.v7i3.9353

Abstract

Alcoholic beverages are basically a form of disruption to the lives and livelihoods of the community, therefore, philosophically, in supervising and regulating the sale of alcoholic beverages circulating in the Gorontalo City area, the Gorontalo City Government has formed regulations that can provide comfort and order for the community. This study uses the empirical research method (field research) or field research, namely research whose objects are regarding symptoms, events, and phenomena that occur in society, institutions or countries that are non-library by looking at. With Research Results In an effort to overcome the circulation of alcoholic beverages, the Police will make 3 (three) efforts, namely: preventive efforts, preventive efforts and repressive efforts
Considering the Effectiveness of Local Democracy After the Separation of Elections: A Normative and Empirical Study of Constitutional Court Decision 135/PUU-XXII/2024 Isnaeni, MH.; Sukamdi, Sukamdi
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.v7i3.9205

Abstract

Abstract: The Constitutional Court Decision Number 135/PUU-XXII/2024 has significantly reshaped Indonesia’s electoral architecture by mandating the separation of national and local elections. This study aims to assess the effectiveness of local democracy following this separation, using both normative and empirical approaches. The findings suggest that while separating elections may enhance voters’ focus on local issues, it also presents challenges related to budgetary burden, continuity of implementation, and regulatory complexity. The study recommends the harmonization of electoral regulations and the strengthening of electoral human resources capacity to ensure the sustainability of quality local democracy.
Voter Participation in the 2024 General Election in North Bolaang Mongondow Regency Posangi, Rizki; Lahaling, Hijrah; 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.v7i3.9472

Abstract

General Elections (Pemilu) are the main pillar in a democratic system, where voter participation is an important indicator of the legitimacy and success of the election. North Bolaang Mongondow Regency as one of the regions in North Sulawesi Province has its own social and geographical characteristics that influence the dynamics of voter participation. This study aims to analyze the level of community participation in the 2024 Election and identify factors that encourage and inhibit such participation. The research method used is a qualitative descriptive approach with data collection techniques through observation, interviews, and documentation studies. The results of the study show that voter participation in this area has increased compared to the previous Election, although there are still challenges such as low political literacy, limited information distribution, and the strong influence of local figures. These findings provide an important overview for election organizers and policy makers to design more effective participatory strategies in the future.
Criminal Liability for Perpetrators of Illegal Two-Wheeled Motorized Vehicle Racing in Gorontalo City Abdullah, Mohamad Iqbal; Nur, Rafika; Insani, Nur
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.v7i3.8827

Abstract

Many violations of the law and crimes that occur in Indonesia, these violations or crimes can occur because of the lack of legal awareness in themselves. In criminology, crime means certain actions or deeds that are not approved by society. an action or negligence in acting, Seeing cases of traffic violations in the form of illegal racing, basically illegal racing is motorbike racing that is carried out illegally. The vehicles used are also not equipped with safety and security standards, this motorbike racing activity is usually carried out without using driving safety and security standards. This study uses an Empirical legal research method using a legal research method whose empirical facts are taken from human behavior, both verbal behavior obtained from interviews and real behavior carried out through direct observation. Empirical research is also used to observe the results of human behavior in the form of physical remains and archives. The results of the study show; Review of Law No. 22 of 2019 concerning Traffic and Road Transportation The implementation of the law related to illegal racing in Gorontalo City is considered ineffective and not in line with the desired expectations. Although many drivers violate traffic rules and types of vehicles, the police continue to take action in accordance with Law Number 22 of 2019 by providing warnings. If the warning is ignored, violators will be subject to sanctions in accordance with legal provisions. The role of the police is vital in enforcing the law and maintaining public order. They have the responsibility to resolve conflicts or violations in accordance with the provisions of the Police Law as regulated in Law Number 2 of 2002, articles 13, 14, 15, and 16, by maintaining order, ensuring security, providing assistance to the community, and arresting lawbreakers in their area
Comparison of the Implementation of the Principle of Dominus Litis in Indonesia, Usa, and Macau Tresna D, Lalu Panca; Anugerah, Ayang Afira
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.v7i3.9428

Abstract

In various countries, prosecutors are central figures in the administration of criminal justice because they have the authority to determine cases (dominus litis) to be forwarded to court. Comparative study of the application of the dominus litis principle in Indonesia with other countries. Normative legal research with a Statutory and comparative approach. The application of the Dominus Litis Principle in the Criminal Procedure Code is contained in Article 1 Number (6) letters a and b; 139, as well as the principle of functional differentiation in Articles 14 and 137, based on the position and function of prosecutors in the criminal justice system regulated in Article 140 paragraph (2); Law Number 11 of 2021 concerning Amendments to Law Number 16 of 2004. Prosecutors in Indonesia are in the Executive Institution, Investigative Authority is limited to special crimes; The scope of criminal, civil and administrative prosecution is in the hands of the State and is not dual in nature, namely the Prosecutor and Macau are in the hands of the Judiciary, authorized to conduct investigations, criminal and civil prosecutions which are dual in nature, namely the Prosecutor and the United States are in the hands of the Department of Justice, have investigative authority, prosecution arrangements in the form of Federal and state prosecutions
Reconstruction of the Election System Following Constitutional Court Decision Number 135/PUU-XXII/2024: A Legal-Normative Review of the Separation of National and Regional Elections Isnaeni, MH.
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.v7i3.9264

Abstract

The Constitutional Court Decision Number 135/PUU-XXII/2024 marks a significant milestone in the reconstruction of Indonesia’s electoral system, particularly concerning the separation between national elections—including the presidential, DPR, and DPD elections—and regional elections for governors, regents/mayors, and local legislative councils (DPRD). This article focuses on analyzing the normative and institutional implications of the decision and its impact on the legal architecture of elections in Indonesia. Employing a normative juridical approach and drawing comparative insights from electoral systems in other democratic countries, this study finds that the separation of elections has the potential to enhance substantive democratic quality, improve voter focus, and reduce the technical and administrative burden on electoral bodies. Nonetheless, such a policy demands a comprehensive restructuring of the legal framework, including institutional design, the sequencing of electoral stages, and regulatory harmonization between central and regional authorities. Thus, the findings of this research serve as a conceptual foundation for advancing an electoral system that is more effective, representative, and aligned with democratic integrity principles.
Legal Consequences Against Forgery of Signatures in the Deed of Sale and Purchase Issued by the Land Deed Maker's Office (PPAT) Fakhriansyah, Rizky
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.v7i3.9123

Abstract

The Land Deed Making Official as the official authorized to issue the Authentic Deed is obliged to examine the correctness of the documents that are a requirement in the issuance of the Sale and Purchase Deed. In practice, there are Land Deed Making Officials who ignore the obligation to examine the documents brought by the appearers as in the case of Muslim in Decision Number 538/Pid.B/2019/PN.Pdg where there is forgery of signatures by the parties in the approval of the making of the Deed. Sale and Purchase, the statement of the reporting witness which was later corroborated by the results of the criminalistic laboratory examination showed that the signature in the Sale and Purchase Deed was declared non-identical to the actual signature, as a result the Sale and Purchase Deed caused losses to the other party. Based on these problems, it raises the question of what are the legal consequences of the proof of falsification of signatures in the Sale and Purchase Deed issued by the Land Deed Making Official and how the Land Deed Maker Officer applies the precautionary principle in making the Sale and Purchase Deed. The research method used is normative juridical research using a law approach and a case approach using data collection methods through documentation studies and literature studies on court decisions. The results of the research are that if the deed of sale and purchase occurs forgery of signatures, the certificate and deed of sale and purchase are declared null and void. A Land Deed Official in making an authentic deed must pay attention to the principle of prudence, one of which is by requiring the parties to be present in person and check the authenticity of the parties' identities in order to prevent identity 
Legal Aspects of Personal Data Protection in the Implementation of Regional E-Government Evangelista, Beverly; Daulay, R. Fahmi Natigor
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.v7i3.9460

Abstract

The transformation of government services from manual systems to digital platforms through e-government in Indonesia is a response to the advancement of information and communication technology (ICT) and the demand for bureaucratic efficiency. Presidential Instruction No. 3 of 2003 marked the initial milestone in e-government development, which has since evolved into various digital public services such as OSS, SatuSehat, and Satu Data Indonesia. This study employs a normative legal method using statutory, conceptual, and normative gap analysis approaches. The focus of the research is directed at two main aspects: the regulation of personal data protection within regional e-government systems and the normative weaknesses in ensuring the security and confidentiality of citizens’ data. The discussion reveals that despite the enactment of the Personal Data Protection Law (PDP Law), its implementation at the regional level faces significant challenges, including overlapping regulations, lack of technical standards, weak oversight, and ineffective sanctions. Regional governments often lack clear operational guidelines, resulting in disparities in data protection across regions. The study concludes that personal data protection must be an integral part of digital governance system design. Regulatory reform, institutional capacity building at the regional level, and the establishment of effective oversight mechanisms are strategic steps to ensure comprehensive protection of citizens’ privacy rights in the digital era.

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