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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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The Effectiveness of the Duties and Authorities of Regional Heads in Handling Regional Losses in South Bolaang Mongondow Regency Rahman, Mohammad Arif; Nur, Rafika; Rusmulyadi, Rusmulyadi
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.v7i4.9570

Abstract

This study discusses the effectiveness of the implementation of the duties and authorities of regional heads in handling regional losses in South Bolaang Mongondow Regency from the perspective of state administrative law. Based on the provisions of laws and regulations, especially Law Number 23 of 2014 concerning Regional Government and Government Regulation Number 38 of 2016 concerning Procedures for Claiming Regional Compensation for Non-Treasurer Civil Servants or Other Officials, regional heads have a central role in the process of settling regional losses. This study uses a normative juridical method with a legislative approach and concrete cases in the area. The results of the study show that the implementation of the duties and authorities of regional heads in handling regional losses has not run optimally due to structural constraints, weak internal supervision, and lack of understanding of the apparatus regarding the mechanism of claiming compensation. Therefore, it is necessary to strengthen implementing regulations, increase the capacity of apparatus, and optimize the function of regional inspectorates as part of the internal supervision system of local governments.
Legal Implications on the Transfer of Land Rights Due To Breach of Agreement Deeds Made Before a Notary Based on Land Registration Provisions Fadillah, Putri; Handayani, Sri Wahyu
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.v7i4.9773

Abstract

And legal protection of authentic deeds that function as evidence. Authentic deeds are very essential in civil relations to prove legal acts and determine rights and obligations, including in the context of agreements or contracts. The case study focuses on Decision Number 408 / Pdt / 2023, which involves a shophouse construction and profit sharing agreement. The Plaintiffs made a Deed of Shophouse Construction and Profit Sharing Agreement Number 28 dated November 14, 2012 before Notary & PPAT Yeni Pujihartini,  S.H., M.Kn. (Defendant II), with Johan (Defendant I) as the developer. The legal problem that arose was the alleged negligence / violation of procedures by the Notary because the Plaintiffs were asked to sign a blank paper and then the contents of the Deed they received (the number of shophouses written as 4) were different from the initial agreement. Another main problem was the default by Defendant I who did not complete the construction and hand over the shophouses to the Plaintiff. This case highlights the significance of authentic deeds as strong evidence and simultaneously underscores the responsibility of Notaries to ensure the formal and material truth of the deed in accordance with the wishes of the parties and applicable regulations. The breach of contract lawsuit filed with the Sengeti District Court emphasizes the need for Notary integrity in carrying out their official duties to maintain the evidentiary value of the deed and provide maximum legal protection for the public. In an increasingly advanced era, the role of notaries is increasingly needed by the public who will undertake legal actions, one of which is in making agreements. This relates to the need for the availability of strong evidence, in the event of a future dispute between the parties. Therefore, in carrying out their official duties, Notaries in providing their services must comply with the provisions of laws and regulations.
Principles of Caution by Land Deed Officials (Ppat) in Transfer of Land Rights Prastowo, Novarisma Listiarini
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.v7i4.9747

Abstract

The deed of land right transfer is a valid evidence instrument created by the Land Deed Official (PPAT) as an authorized official, which provides legal certainty and protection to the parties regarding the transfer of land ownership. However, a land transfer deed for uncertified land is prone to disputes if the PPAT does not apply the principle of prudence. Therefore, this research aims to analyze the application of the PPAT's principle of prudence in the sale and purchase of land rights, focusing on the case study of Decision Number: 712/Pdt.G/2022/PN.Tng, and to analyze the legal protection for the buyer of land rights without title documentation. The method used in this research is normative juridical, utilizing primary, secondary, and tertiary data sources obtained from literature study. The collected data will then be analyzed and systematized qualitatively. The results of this study indicate that, firstly, the PPAT has not applied the principle of prudence as they were deemed insufficiently thorough in ensuring the validity of the data during the creation of the deed. The second finding shows that a buyer of land rights whose ownership is not proven in court is considered illegitimate, thus the buyer does not obtain legal protection. However, the buyer can pursue legal remedies such as appeal, cassation, and judicial review.
The Function of the Regional People's Representative Council (DPRD) of Gorontalo Regency in Environmental Supervision Umar, Cindrawati; Tilome, Apris Ara; Akbar, Muh. Firyal
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.v7i4.9663

Abstract

This study examines the function of environmental supervision by the DPRD of Gorontalo Regency with a focus on three main indicators: data and information transparency, coordination with the Environmental Service (DLH), and community involvement. The research method uses a qualitative approach with a descriptive research type. The primary data sources in this study consisted of eight informants, namely DPRD members, DLH representatives, and community leaders. The results of the study indicate that transparent data and information access presented by the DPRD of Gorontalo Regency has not been maximized and open either through social media or other information media that can be accessed directly by the community. Coordination between the DPRD and the Environmental Service of Gorontalo Regency has been well established between the two institutions by conducting RDP (Hearing Meeting) from the Environmental Service followed by programs run by DLH under supervision from the DPRD. For the involvement of the community that plays a role in environmental supervision, it has been formed well in villages/sub-districts but is considered ineffective, thus creating challenges for the DPRD and DLH in handling environmental problems, especially the level of public awareness which is considered still lacking in responding to environmental problems that arise due to the actions of the community itself.
The Effectiveness of the Notary Code of Ethics on Administratively Just Public Services Bianty, Thisia; Lie, Gunardi
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.v7i4.9806

Abstract

The Notary Code of Ethics is an essential instrument for maintaining professional integrity and ensuring public services that comply with the principles of administrative justice. However, social developments, technological advancements, and the increasing complexity of legal relations necessitate an evaluation of the code’s practical effectiveness. This study aims to analyze the extent to which the Notary Code of Ethics functions as an effective guideline in delivering accountable, diligent, and non-discriminatory public services, as well as to identify the factors that influence its effectiveness. This research employs a normative juridical method using a statutory approach, a conceptual approach, and a comparative analysis of administrative justice principles. Data were obtained through a literature review of relevant legal regulations and scholarly references. The findings indicate that the effectiveness of the code of ethics is significantly influenced by the integrity and competence of notaries, the culture of the professional organization, the strength of regulations and supervisory mechanisms, and the challenges posed by the digitalization of legal services. Ethical violations such as drafting deeds without the presence of parties, document manipulation, and excessive promotion indicate a persistent gap between ethical norms and practical implementation. The study concludes that enhancing the effectiveness of the Notary Code of Ethics requires strengthening professional integrity, updating adaptive ethical norms, enforcing stricter supervision, and improving notaries’ digital capabilities to maintain the quality of public services grounded in administrative justice.
The Annulment of the Constitutional Court's Decision from the Perspective of Hans Kelsen's Pure Legal Theory (Validity & Applicability of Norms) Hidayah, Rahmad
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.v7i4.9590

Abstract

The phenomenon of the annulment or delegitimization of Constitutional Court (MK) decisions raises significant legal and theoretical issues in Indonesia’s legal system, given that such decisions are constitutionally final and binding. This study aims to analyze the possibility of invalidating MK decisions through the lens of Hans Kelsen’s Pure Theory of Law, focusing on the concepts of norm validity and applicability within the legal system’s hierarchical structure. The research applies a normative juridical approach, using deductive and interpretative analysis of primary and secondary legal materials, alongside the Grundnorm theory to assess the position of MK decisions within the norm structure. The findings reveal that although formally derived from a constitutional institution, the validity of MK decisions may still be questioned if they are inconsistent with the fundamental norms of the Constitution. The absence of a formal mechanism to revoke MK decisions creates tension between legal positivism and substantive justice. The study concludes that Kelsen’s theory offers a robust conceptual framework for objectively evaluating legal norms and provides a philosophical basis for reforming oversight mechanisms against judicial deviation. Thus, this research contributes to the advancement of normative-positivist legal theory discourse and encourages the renewal of understanding regarding the legitimacy of constitutional adjudication in Indonesia.
A Comprehensive Analysis of Modern Investment Principles: Trends, Challenges, and Investment Implications in the Digital Age Erlita, Ita; Majid, Nurholis; Ohoiwutun, Y. A. Triana
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.v7i4.9530

Abstract

This study aims to examine and analyze recent developments in investment practices and outcomes in the digital era. The main focus includes the impact of financial technology (FinTech) adoption on corporate investment efficiency and allocation, the behavior of retail investors increasingly influenced by social media and online trading platforms, as well as the dynamics of sustainable investment (ESG) and its implications for financial performance. In addition, this study highlights policy aspects and managerial practices that are relevant to the changing landscape of modern investment. Based on a synthesis of literature from the past five years, the findings indicate that digitalization—through the use of FinTech and online platforms—has transformed capital allocation mechanisms while also affecting investor decision-making patterns. Meanwhile, empirical evidence regarding the impact of ESG-based investments on corporate performance remains heterogeneous, indicating the need for more comprehensive data and consistent reporting standards. Thus, this study contributes to a deeper understanding of the trends, challenges, and implications of investment in the digital era.
The Paradox of Limited Evidence and the Legitimacy of the Decision in the Ferdy Sambo Case Gani, Maria Minerva; Tombeg, Meiraate Leos Lediana; Belo, Nimrod Welly; Palilli, Marchello Putra Toding
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.v7i4.9769

Abstract

The Paradox of Limited Evidence and the Legitimacy of Verdicts in the Ferdy Sambo Case reveals the gap between legal norms and the reality of criminal justice practice in Indonesia. This study originates from the background of evidentiary failure, which should serve as the core of judicial proceedings but was distorted by manipulation and obstruction of justice. The aim of the research is to analyze how the evidentiary system in the Indonesian Criminal Procedure Code, which adopts the negatief wettelijk bewijs system, failed to function properly in the Sambo case due to tampered evidence, pressured witnesses, and bureaucratic subordination. The research method employs a normative juridical approach with a case study, examining relevant legislation, doctrines, and court decisions. The findings show that although Indonesian law provides a comprehensive normative framework to guarantee justice through the 1945 Constitution, TAP MPR XVII/1998, the Criminal Procedure Code, the Penal Code, the Anti-Corruption Law, and the Judiciary Law, in practice the legal system remains vulnerable to abuse of power. The study concludes that the Sambo case is not only about premeditated murder but also reflects the fragility of evidentiary integrity and the legitimacy of judicial verdicts in the eyes of the public.
Legal Review of the Release of Notification of Summons at the Gresik District Court Class 1 A Based on Perma Number 7 Of 2022 Liana, Liana; Nurroso, Nurroso; Naibaho, Syintia Rosa; Sarifudin, Sarifudin
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.v7i4.9729

Abstract

This study examines the legal aspects and practices of the implementation of the release of court summons and notifications at the Gresik Class 1A District Court based on Supreme Court Regulation (PERMA) Number 7 of 2022 concerning Electronic Case and Trial Administration (e-Court). The purpose of this study focuses on the implementation of the e-court system in facilitating electronic summons of litigants and more efficient, fast, and low-cost trial notifications as an implementation of the principles of simplicity, speed, and low-cost in the judicial process. The results of the study indicate that e-court is able to reduce administrative obstacles and expedite the summons and notification process without having to go through a physical summons by a bailiff, thereby increasing access and transparency in the judiciary. This study discusses two problem formulations: to what extent is the relevance and conformity of the provisions of PERMA Number 7 of 2022 with the principles of procedural law and the principles of simple, fast, and low-cost justice related to the use of electronic release of court summons (e-court)? and What are the legal consequences if there is an implementation of release of court summons and notifications that does not comply with the provisions of PERMA Number 7 of 2022? This research uses a normative approach. This research is conducted by examining current regulations and other legal sources. The approaches used in this research include the statute approach, the conceptual approach, and the case study approach.
Legal Analysis of the Dismissal of Village Apparatus in Gorontalo Regency Ahmad, Fitriyanto Y.; B, Sumiyati; Rusmulyadi, Rusmulyadi
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.v7i4.9630

Abstract

The dismissal of village officials is a legal issue that often causes polemics in various regions, including in Gorontalo Regency. This study aims to analyze the legal basis, procedures, and legal consequences of the dismissal of village officials from the perspective of applicable laws and regulations. The research method used is normative juridical research with a statutory approach and a conceptual approach. Data was obtained through a study of laws and regulations such as Law Number 6 of 2014 concerning Villages, Government Regulation Number 43 of 2014, and Regulation of the Minister of Home Affairs Number 83 of 2015 concerning the Appointment and Dismissal of Village Apparatus and its amendments.  The results of the study show that the dismissal of village officials in some cases is not in accordance with legal procedures and good governance principles, thus causing legal uncertainty and violations of the administrative rights of village officials. Stronger supervision and legal understanding from the local government and village heads are needed so that the dismissal process is in accordance with applicable regulations

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