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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 258 Documents
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Fulfillment of Citizens' Constitutional Rights In the Perspective of BPJS Kesehatan Services Thalib, Wahyu A; B, Sumiyati; Djafar, Marwan
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.v7i3.9391

Abstract

This study aims to examine the fulfillment of citizens' constitutional rights in obtaining health services through BPJS Kesehatan membership and identify what factors hinder the health services of BPJS Kesehatan participants. Using an empirical juridical research method that focuses on the implementation of Law Number 24 of 2011 concerning BPJS and Law Number 17 of 2023 concerning Health. The main data used questionnaire, interview and observation data. The results of the study concluded that the fulfillment of citizens' constitutional rights in the health sector, such as promotive, preventive and curative efforts, has been carried out in accordance with existing regulations. Limited facilities and community conditions are an inhibiting factor. Suggestions in the research, so that BPJS Kesehatan can optimize BPJS Mobile services and educate the public to register for BPJS Kesehatan Online. Further research is suggested to analyze the empirical juridical aspects related to the effectiveness of mobile BPJS services for rural communities.
Analysis of the Legal Certainty of the Issuance of Building Rights Certificates on Sea Areas Based on Government Regulation Number 18 of 2021 Dina, Lola Ledy Melia; Fikri, Sultoni
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.v7i3.9229

Abstract

This study discusses the issue of legal certainty regarding the issuance of Building Use Rights (HGB) certificates over maritime areas, which has become a legal controversy in Indonesia. The background of this study is the emergence of conflicting interpretations between the agrarian law system, which strictly limits the object of HGB to land, and the increasing practice of granting HGB over sea areas, as illustrated by the case of HGB issuance in the waters of Sidoarjo Regency. The purpose of this research is to analyze the validity and legal certainty of issuing HGB certificates in maritime areas from the perspective of Government Regulation No. 18 of 2021 (PP 18/2021). Using a normative legal research method with a statutory and conceptual approach, this study examines the formal and material legality of HGB issuance based on existing legal norms. The discussion focuses on the discrepancy between the definition of “land” in agrarian law and the classification of “sea” in maritime law, which are governed by different legal regimes. The findings of the study indicate that sea areas, which are part of public spaces regulated Under maritime law, cannot legally be granted HGB unless they have undergone a reclamation process and have been formally designated as state land through administrative procedures. The issuance of HGB over unreclaimed maritime areas leads to administrative defects, violates the principle of legal certainty, and risks harming public interests, particularly the rights of coastal communities. The study concludes that the practice of issuing HGB in maritime areas is legally invalid and recommends regulatory harmonization and strict law enforcement to prevent similar legal violations and to ensure justice and certainty in Indonesia’s land administration system.
PEMENUHAN HAK NAFKAH PEREMPUAN PASCA CERAI GUGAT Montolalu, David; Djafar, Marwan; Insani, Nur
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.v7i2.8681

Abstract

Divorce lawsuit is the termination of a marriage bond which is the result of a petition by the wife to the Religious Court, where the husband gives his consent, so that his petition is granted by the Religious Court. This study aims to determine how to fulfill women's living rights after a divorce lawsuit. This study uses an empirical research method (field research) or field research, namely research whose objects are regarding symptoms, events, and phenomena that occur in society, institutions or the State which are non-library by looking at. With Research Results The results of the study show that the fulfillment of women's rights in SEMA No. 3 of 2018 has not been effective until now. This is because social and cultural factors have not been running well. It can be seen from the conditions of the people of Gorontalo City, the majority of whom are not aware or understand the rules for fulfilling women's rights after a divorce lawsuit in SEMA No. 3 of 2018, besides that the people of Gorontalo City have not obeyed and implemented these rules. This happens because the lack of sensitivity to education also affects the mindset of the community who do not consider carefully before deciding to file for divorce in Court
Evaluation of the Impact of Public Service Development Programs in Boliyohuto District, Gorontalo Regency Katijan, Ainun Riska; Pakudu, Robin; Karim, Dian Fitriani; Idji, Rusly Abdurahman
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.v7i3.8835

Abstract

The purpose of this study is to ascertain the effects of public service development initiatives. The research methodology combines a descriptive research design with a qualitative approach. The community, the heads of Sidomulyo and Sidodadi villages, the district secretary, and the head of Boliyohuto district served as the main sources of data for this study. Methods for gathering research data include documentation, interviews, and observation. According to the research findings, two indicators—political and administrative feasibility—are optimal, while three indicators—effectiveness, efficiency, and justice—are not yet at their best because a number of elements still need to be improved. Though not yet completely functional, the development of publik services in Boliyohuto District has been executed well. Since the people are the ones who experience this influence, several things still need to be adjusted in order for the publik services development in Boliyohuto District to proceed smoothly. Based on the research results, it can be concluded that of the five evaluation indicators, researchers found three indicators that were not optimal, including effectiveness, efficiency, and justice. Then there are two indicators that have been running optimally, including political feasibility and administrative feasibility.
Legal Regulations for Shrimp Ponds in Coastal Areas in NTB Permata, Nathania; Alvina, Hera
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.v7i3.9449

Abstract

Indonesia's coastal areas hold strategic value as productive areas that support economic activity, one of which is through shrimp farming. West Nusa Tenggara (NTB) is one of the main centers of national shrimp production, contributing significantly to foreign exchange and employment. However, the rapid expansion of shrimp farming has given rise to environmental, social, and legal issues, primarily due to the lack of specific regulations at the regional level governing sustainable shrimp farming management. This lack of regulation has resulted in weak oversight, a high potential for coastal water pollution, mangrove ecosystem degradation, and conflicts over land use. This study aims to analyze the legal regulations regarding shrimp farming in the coastal areas of NTB province and to identify emerging legal challenges. This study uses normative legal methods with a statutory and conceptual approach. The research findings show that while national legal frameworks such as the Fisheries Law, the Coastal Area and Small Islands Management Law (PWPPK), and their derivative regulations provide a general basis for spatial planning and licensing, their implementation at the regional level still faces regulatory gaps, as evidenced by low compliance with shrimp pond permits in West Nusa Tenggara (NTB). This highlights the urgency of establishing a specific Regional Regulation (Perda) in NTB to ensure alignment between economic development and coastal ecosystem protection. Clear regulations are expected to ensure the sustainability of shrimp farming businesses while maintaining a balance between economic interests, the environment, and the well-being of coastal communities.
Evaluation of the Negative List for Investment in Historical Temple Objects: A Double-Edged Sword Herman, Ronaldo Heinrich
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.v7i3.9321

Abstract

This research will recommend the government regulate the service sector of operating historical and archaeological tourism as a closed business sector. Law No. 25 of 2007 and the Presidential Regulation No. 44 of 2016 has classified this matter as a business sector that is closed to investment. But Law No. 11 of 2020 and Presidential Regulation No. 10 of 2021 provide an opportunity for investors to invest in the field of service operations for historical and archaeological tourism. These laws open job opportunities and provide foreign exchange for the state from tourism at historical sites such as temples. However, the increase in investment also attracts more visitors, which could potentially harm the preservation of the Temple. This research will evaluate both Law No. 11 of 2020 and Presidential Regulation No. 10 of 2021. The evaluation will suggest how Presidential Regulation No. 49 of 2021 should regulate the classification of the field of services for the operation of historical and archaeological heritage tourism. The business sector should be classified as a closed business sector to fulfil the rights of future generations to historical knowledge.
Environmental Law Enforcement Against Drug Abuse Against Children Pradana, Azaria Hegar
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.v7i3.9124

Abstract

Children are the hope of the nation. As the next generation, continuous guidance and protection are needed for the sake of survival, growth and physical, mental, social development as well as protection from all possibilities that will endanger them (children) and in the future. Narcotics and other illegal drugs are one of the triggers for the destruction of children. Children are often the target of drug dealers, because children are still unstable, easily influenced so that they have the potential to be trapped in the abuse of illegal drugs such as narcotics. Children as drug abusers are only victims. So it is not appropriate for the state to give punishment by considering child abusers the same as adult criminals (dealers) who are real. In the juvenile criminal justice system in Indonesia, children as drug abusers still undergo the trial process. The trial process is to hold children accountable. Even though they are undergoing the trial process, children should still receive protection. The consideration of child drug abusers getting protection, because it is believed that child drug abuse does not entirely come from the child, but rather from the influence of the surrounding environment. Rehabilitation is a process of recovering someone from drug use disorders, this recovery is short-term or long-term. The goal is to restore the individual's function in society. Victims of drug abuse in society lately tend to increase not only in groups of people who are able, but have also spread to the less able community both in cities and villages.
The Separation of National and Local Elections Examined from the Aspect of Election Implementation Effectiveness Ashari, Ashari; Amalia, Riska Ari
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.v7i3.9476

Abstract

The implementation of simultaneous elections or five (5) box elections has implications for the accumulation of workloads for election organizers, which within reasonable limits has an impact on the quality of general election implementation. In addition to the threat to the quality of general election implementation, the accumulation of workloads for organizers concentrated in a certain time period due to the tight timing of general elections in the same year causes relatively long periods of free time for election organizers. The purpose of this study is to determine the implications of the separation of national and local elections and its effectiveness in the implementation of elections in Indonesia. This research is a type of normative legal research that uses a legislative approach. The results explain that the separation of national and local elections in the implementation of elections has implications for regulatory changes related to election laws and regional elections that are not only related to technical aspects, but also touch on the institutional design of election organizers, the flow of stages of implementation, nomination mechanisms, and budget management of encouraging rationality of voters in using their voting rights, the transfer of government power at the central and regional levels which is mutually consolidated and will reduce the coattail effect between presidential and regional legislative elections. Furthermore, separating national and local elections will ensure greater election effectiveness, as voters face simpler choices. Logistics provision and distribution will be faster and more accurate, and local figures will be more likely to dominate the House of Representatives (DPR) ticket.
Legal Protection for Child Victims of Cyberbullying on Social Media According to the Ite Law and the Child Protection Law Case Study Number 71/PID.SUS/2023/PN PDL (ITE) Albaiti, Maemunah Syarifah; Guntara, Peter; Santoso, Aris Prio Agus
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.v7i3.9397

Abstract

Social media in the digital era is like a double-edged sword: on one side, it facilitates communication, but on the other, it can cause harm, particularly when children become victims of cyberbullying. This research focuses on Legal Protection for Children Victims of Cyberbullying on Social Media based on Law No. 19 of 2016 concerning Electronic Information and Transactions (EIT Law) and the Child Protection Law, with a case study of Court Decision No. 71/Pid.Sus/2023/PN Pdl. The background of this study lies in the increasing number of cyberbullying cases that result in serious psychological impacts, such as depression and decreased academic motivation.The objective of this research is to describe the forms of legal protection provided under both laws and to examine their implementation in the verdict of the Pandeglang District Court. The methodology employed is normative and empirical juridical research, involving literature review, analysis of statutory regulations, and examination of related court decisions. The findings indicate two types of legal protection. Preventive protection is carried out through digital education and legal literacy, while repressive protection is implemented through law enforcement as stipulated in Article 27 paragraph (3) of the EIT Law and Articles 59 and 76C of the Child Protection Law. However, its implementation still encounters obstacles, particularly in the process of evidence and the lack of psychological rehabilitation for victims. In conclusion, although the legal framework already exists, the effectiveness of legal protection for children who are victims of cyberbullying remains limited. Optimization is required through collaboration among law enforcement, the enhancement of digital education, and the strengthening of social empathy. After all, in today’s world, “a single mistyped finger can land you in court faster than in a thesis revision session.”
Implementation of the Principle of Nationality in Sales and Purchases Through Nominee Agreements Regarding Land Rights In Indonesia Hartadi, Didit
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.v7i3.9247

Abstract

This research analyzes the complexity of applying the principle of nationality in buying and selling land rights in Indonesia, especially regarding the practice of nominee agreements. This principle, which limits land ownership to Indonesian citizens and national legal entities, is often circumvented by nominee agreements where Indonesian citizens act as formal owners, but substantive control is in the hands of foreign parties. The research results show that this practice is legal smuggling which is detrimental to agrarian sovereignty, creates legal uncertainty, and has the potential to trigger abuse. Therefore, stronger law enforcement, strict supervision and strict sanctions are urgently needed to maintain the integrity of the principle of nationality and prevent similar practices in the future.

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