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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 304 Documents
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Notary's Responsibility for Signing A Blank Deed of Agreement Farahiani, Sita; Handayani, Sri Wahyu
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.v7i3.8987

Abstract

The background is the practice of agreements for building shophouses which are stated in the Deed of Agreement through blank forms made before a Notary. 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.
Status of the Ban on Absentee Ownership of Farmland in Indonesia Setiawan, Muhammad Rifaldi; S, Nathania Permata
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.v7i3.9454

Abstract

This research investigates whether the ban on absentee land ownership retains its significance in today's context. The goal is to provide an updated perspective on the prohibition of absentee ownership of agricultural land in Indonesia. This investigation is normative, supported by empirical evidence, and employs both a statutory and a conceptual framework throughout the paper. The findings yield the following conclusions: initially, the underlying rationale for banning absentee land ownership is to ensure that agricultural land is actively cultivated and managed by its rightful owner for optimal yield. This emphasizes the principle that agricultural land should be actively utilized by its owner, as outlined in Article 10 of the UUPA. There is a necessity for oversight and preventive actions, such as rejecting registration applications, enforced by the district or city land office, to halt the ongoing issue of absentee land registration. Secondly, the importance of the absentee land ownership prohibition in Indonesia has diminished in light of contemporary realities, as the legislative framework established sixty years ago is no longer aligned with present-day societal conditions. The regulations regarding absentee land ownership require modernization; previously, ownership of agricultural land was restricted to the sub-district level, which should be revised or replaced by new laws allowing agricultural land ownership at the district or city level. This transformation would enable the new regulations to respond to the evolving landscape and address the increasingly complex challenges that arise.
The Potential For Double Jeopardy Violations In The Regulation of The Imposition of Cumulation Of External Sanctions For Violations Of Space Utilization Putri, Clarisa Permata Hariono; Rini, Wafia Silvi Dhesinta
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.v7i3.9334

Abstract

Spatial planning provisions regulate the cumulative external sanctions for acts of violation of space use. This article aims to analyze potential violations of the double jeopardy principle of these provisions. This research is important considering that spatial planning plays an important role in realizing the welfare of the Indonesian people by the mandate of the state constitution so that law enforcement must be implemented appropriately without violating legal principles. The research results show that there is indeed a potential violation of the double jeopardy principle in the regulation, due to the developments of administrative and criminal sanctions nature. To overcome this, it’s necessary to reformulate the legal provisions of spatial planning and implement a cumulation of external sanctions that give more attention to legal principles.
Responsibilities of Land Deed Officials in Making Sale and Purchase Deeds Without the Approval of the Rights Holder on the Land Certificate Zumzumi, Aida Nuriy
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.v7i3.9125

Abstract

Legal certainty is a key pillar of law enforcement in Indonesia, especially in resolving land ownership disputes. This study examines the Marabahan District Court Decision, which reflects the complexity of resolving disputes related to updating ownership certificate data after a legitimate sale and purchase transaction. This conflict involved the buyer, seller, and the National Land Agency (BPN) due to the failure to update ownership data. The absence of the defendant further exacerbated the legal uncertainty faced by the plaintiff. The court's decision to grant the plaintiff's lawsuit demonstrates the importance of legal and administrative reforms in the land registration system in Indonesia. This study provides a comprehensive overview of the role of legal procedures, public awareness, and institutional responsibility in achieving legal certainty in resolving land disputes. This study discusses the role and responsibilities of PPAT in ensuring the validity of the land sale and purchase process, especially in cases where the land certificate is still registered in the name of another and the legal implications for PPAT and the parties involved if there is negligence in recording the transfer of land certificates, as regulated in Indonesian laws and regulations related to land. This study uses a normative juridical method, a conceptual approach through a doctrinal view, a data collection method using literature studies and the research specifications used are analytical perspective techniques. And the data analysis method uses qualitative analysis.
Legal Study of Divorce Lawsuit Mechanism Against Absent Husband According to Indonesian Marriage Law Natigor Daulay, R. Fahmi; Evangelista, Beverly
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.v7i3.9477

Abstract

Divorce lawsuit against absent husband is a legal remedy for wives abandoned by their husbands without clear residence information. This research analyzes the legal mechanism of divorce lawsuits against absent husbands based on Law No. 1 of 1974 on Marriage and Islamic Law Compilation. The research method uses normative juridical approach with secondary data of descriptive nature. Results show that absent husband divorce procedures are regulated in Article 20 paragraph (2) of Government Regulation No. 9 of 1975 and Article 138 of Islamic Law Compilation, with summons through announcements on court bulletin boards and mass media. Implementation follows ordinary divorce lawsuit procedures with additional requirements including village certificate stating the unclear domicile of the defendant.
Legal Implications of Transfer of Land Rights Through Sale and Purchase Using a Replacement Certificate. Analysis of Legal Protection for the Original Owner. Ramdhani, Iklil
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.v7i3.9398

Abstract

The issuance of replacement certificates often has legal implications for the transfer of land rights, especially if the application is based on false information. This can lead to legal flaws in the basis of the sale and purchase rights and result in the loss of the original owner's rights. In Decision Number 1440 K/Pdt/2023, the Supreme Court protected the interests of a good-faith buyer (Defendant X/Sunaryono), but failed to provide adequate protection for PT. BSD, the original owner, who suffered losses due to the unlawful actions of Ibung Muhamad's heirs (Defendant I-IX) who submitted illegal replacement certificates. The purpose of this study is to analyze the legal implications of the transfer of land rights through a sale and purchase using replacement certificates and to evaluate the legal protection for the original owner in the context of Supreme Court Decision Number 1440/K/PDT/2023. The research method used normative juridical methods with a case approach and a statute approach. Secondary data in the form of laws and regulations, court decisions, and legal literature were analyzed qualitatively. The research results obtained are that the legal implications of the transfer of land rights through a sale and purchase using a replacement certificate issued unlawfully have resulted in the loss of PT. BSD's rights, even though the company obtained the rights through a formal procedure in the form of a Deed of Transfer of Rights. Because the rights were not registered and there was no PPAT deed, its legal position was weaker compared to the second buyer (Defendant X) who was deemed to have good intentions by the Supreme Court in Decision Number 1440 K / Pdt / 2023. The decision shows that more protection is given to buyers who meet the formal requirements according to PP Number 24 of 1997 and Article 1320 of the Civil Code, but leaves an imbalance because it ignores the losses of parties who lose their rights due to the issuance of an unlawful replacement certificate. Therefore, legal protection for the original owner who is harmed remains important to enforce based on Article 1365 of the Civil Code, the Formulation of SEMA 7 of 2012, and Article 29 of the Supreme Court Law, by filing a civil lawsuit after obtaining a criminal decision stating that there has been an unlawful act. This step is an effort to balance legal certainty with the principle of substantive justice in the national land system.
Legal Protection for Land Rights Holders in Land Disputes Over Customary Land Based on Girik Case Study of PK Decision Number 1169 Pk/Pdt/2023 Firmansyah, Melania Indiana Putri; Handayani, Sri Wahyu
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.v7i3.9251

Abstract

This thesis analyzes the complex land issues in Indonesia, particularly concerning adat land disputes based on girik ownership in the face of a dominant, centralized national land law system. As an agrarian nation with diverse traditional land ownership systems, Indonesia frequently encounters conflicts between adat rights and state or private interests. Girik, a traditional proof of land control, is often not fully recognized by the modern legal system, even though Law No. 5 of 1960 on Basic Agrarian Principles has accommodated ulayat rights. This research focuses on the dispute between Lumin Tuningtyas (girik holder) and Desyanto (Certificate of Ownership/SHM holder) in East Jakarta. The case highlights the discrepancy between customary law recognition and positive law. Lumin Tuningtyas filed a lawsuit based on inherited girik ownership, while Desyanto defended his ownership based on an SHM registered with the National Land Agency (BPN). Although the District Court initially granted part of Lumin Tuningtyas's claim, the decision was overturned at the appellate level, and the Supreme Court rejected Lumin Tuningtyas's cassation and judicial review (PK) requests. In its PK decision No. 1169 PK/PDT/2023, the Supreme Court affirmed that a certificate registered with the BPN is the legitimate proof of ownership, while girik is only considered proof of control. This ruling underscores the necessity of a multidimensional approach to adat land disputes, one that not only relies on positive legal instruments but also considers the historical, anthropological, and sociological aspects of indigenous communities. This thesis argues that court decisions, which tend to be centralized and state-oriented, need to be transformed into a legal paradigm that is more responsive to the rights of indigenous communities and the principle of substantive justice. This research aims to dismantle less responsive legal practices and encourage systemic change in handling land disputes in Indonesia, in order to uphold justice and build a more humane legal system.
Legal Validity of Credit Agreement Deeds Not Made Before a Notary Isvandrya, Silvira Rossa
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.v7i3.9121

Abstract

Legislation requires the making of authentic deeds to be carried out in realizing the achievement of welfare, as well as legal protection for the Community according to their needs. Therefore, bank officials must ensure that all legal aspects related to the credit agreement have been completed and have provided adequate protection for the bank. Credit agreements at banks can be made by making private deeds and also with authentic deeds made by a notary. Credit agreements using notarial deeds are usually carried out after the procedures and methods for implementing a credit feasibility survey to the debtor have been approved by the bank. Therefore, the making of authentic notarial deeds in the case of bank credit agreements is read by a notary to the parties, with the aim that the parties making the agreement gain a clear understanding of the matters contained or the material of the credit agreement. The role of a notary in the preparation of credit agreement deeds carried out by the banking party is as an official authorized to prepare credit agreement deeds. Furthermore, the notary also plays a role in checking the guarantee of the object to which the mortgage is attached in terms of guaranteeing the legality of the object in order to avoid risks and anything that could possibly cause legal problems with the guaranteed object so that no party feels disadvantaged.
The Principle of Freedom To Make An Aqad In Islamic Law and Its Implementation to Sharia Banking in Indonesia Purnama, Diantara
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 4 (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.v7i4.9724

Abstract

Aqad is a basic requirement in every transaction. In Islam, some principles must be fulfilled in each process of making ‘aqad, one of which is the principle of freedom to make ‘aqad. This principle guarantees the creation of a balance and equal bargaining between the parties conducting the transactions. Along with the development of ‘aqad in Sharia Banking, the principle of freedom to make ‘aqad is sometimes not fulfilled, which causes an imbalance between the parties involved in the transaction. This study aims to determine the regulation of the principle of freedom to make ‘aqad in Islamic law and how the principle is applied in Sharia Banking. The approach method used in this research is normative juridical, which relies on secondary data consisting of primary, secondary, and tertiary legal materials. The results of this research are that ‘ulama fiqh have different opinions about the limitations of the principle of freedom to make ‘aqad to be included in the terms of the ‘aqad, there are those who allow it and those who don't. The implementation of the freedom to make ‘aqad in terms of making a clause in the ‘aqad of Sharia Banking in Indonesia, the customer is not yet fully able to claim the right of freedom to make ‘aqad because Sharia bank offers standard contracts to its customers and the customer only has the option to take it or leave it.
The Influence of Understanding Religious Values on Compliance with State Law among Students at the Al-Musyahadah Islamic Boarding School "Smart House of Indonesia" Prasetyo, Raka; Rosidin, Utang
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 4 (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.v7i4.9623

Abstract

The phenomenon of low legal awareness among the public highlights the importance of examining the role of religious values in shaping legal compliance, particularly within Islamic boarding schools. This study aims to determine the effect of understanding religious values on obedience to state law among students of Pondok Pesantren Al-Musyahadah “Rumah Cerdas Indonesia.” The research employed a quantitative approach using simple linear regression analysis. Data were collected from 120 respondents through a Likert-scale questionnaire and analyzed using validity, reliability, and classical assumption tests. The findings indicate that understanding religious values has a positive and significant effect on obedience to state law, meaning that the better the understanding of religious values, the higher the level of legal compliance.

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