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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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JUDICIAL SCRUTINY IN THE RULING OF THE KUHAP Ahwan, Ahwan; Ristanti, Yuni
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.v7i4.9580

Abstract

The Draft Criminal Procedure Code of 2025 "reverts" to using the institution of Pretrial as an instrument that implements the function of judicial scrutiny. Previously, the values of accountability were realized in the institution of Commissioner Judges and Preliminary Examining Judges. The institution of pretrial itself has been criticized from both normative and implementation aspects in the 1981 Criminal Procedure Code. This article aims to analyze the formulation of pre-trial in the Draft Criminal Procedure Code 2025. By using doctrinal research, this article argues that the pretrial formulation in the Draft Criminal Procedure Code 2025 has not comprehensively implemented the values of accountability as the crystallization of the principle of judicial scrutiny. Despite some progressive provisions, normatively, the Bill characterizes pretrial as an institution that acts post-factum and is limited to administrative functions. The formulation of pretrial still maintains a reactive function where its work is based solely on requests. In addition, the scope of pretrial proceedings formulated in the definition tends to be degraded by subsequent operational articles.
Adolescents in Drug Abuse in Sumbawa Regency: A Legal Sociological Review of Weak Social Control and Legal Awareness Siswadi, Imran
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.v7i4.9804

Abstract

Drug abuse among adolescents in Sumbawa Regency has shown a significant increase in recent years, with a growing number of rehabilitated users coming from the 13–18 age group. This phenomenon is not merely a legal violation but also a social symptom arising from weakened social control and low legal awareness. This study aims to analyze the social factors that contribute to adolescents’ vulnerability to drug abuse, focusing on the roles of family, school, peer environment, and the local legal culture. Using qualitative content analysis of online news, institutional reports, and local media publications, this research integrates three major theoretical frameworks: social control theory, differential association theory, and concept of legal consciousness. The findings indicate that the weakening of adolescents’ social bonds with family and school is a key factor that creates space for deviant behavior. Interactions within peer networks serve as a medium for learning and normalizing drug use. Furthermore, low legal awareness leads adolescents to underestimate the legal and moral consequences of their actions, rendering formal law ineffective as a mechanism of social control. Study concludes that drug abuse among adolescents in Sumbawa is socio-cultural problem that requires a multidimensional response, including strengthening family and school-based social control.
Legal Review of Perpetrators of Schizophrenic Psychiatric Disorders (Legal Review of Article 44 of Law Number 1 of 2023 In The Crime of Murder) (Case Study Decision Number: 181/Pid/2024/PT DKI) Anggarita, Levy Rizka; Sumampouw, Wuri; Asyharuddin, Asyharuddin
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.v7i4.9355

Abstract

(1) Schizophrenia is a serious mental disorder in which the sufferer has difficulty distinguishing between delusion and reality. This condition is commonly characterized by unusual behaviors such as delusions and hallucinations. For this reason, individuals experiencing such symptoms are often referred to as "insane," though the term carries stigma and oversimplification. (2) This research employs a normative juridical approach, specifically using the statute approach and the case approach. The writer also applies a qualitative descriptive analysis method to provide a comprehensive understanding of the phenomena under study. (3) The murder case involving Andi Andoyo in Decision Number 181/Pid/2024/PT DKI attracted public attention due to the involvement of a perpetrator diagnosed with paranoid schizophrenia. Despite medical evidence and expert testimony confirming a severe mental disorder, the panel of judges sentenced the defendant to 16 years in prison. In fact, Article 44 of the Indonesian Penal Code (KUHP) provides legal space for individuals with mental disorders to be rehabilitated rather than punished with imprisonment. This highlights the importance of substantive justice and the need for a more sensitive judicial system toward the mental condition of defendants. (4) Article 44 of Law Number 1 of 2023 concerning the Criminal Code allows for mentally ill offenders to be exempt from punishment and placed in a mental hospital. This is also in line with Law Number 17 of 2023 concerning Health, which affirms the right of individuals with mental disorders to receive medical care and rehabilitation. When medical aspects are ignored in legal considerations, achieving substantive justice becomes increasingly difficult.
Implementation of Labor Protection Policy in Bone Bolango Regency, Gorontalo Province Hunawa, Robby; Podungge, Abdul Wahab; Nuna, Muten; Tabo, Sarfan; Polinggapo, Jefri
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.v7i4.9754

Abstract

In order to protect occupational safety and health in carrying out work, such protection must be in accordance with applicable laws and regulations. For workers/laborers, with the guarantee of occupational safety protection, it will create a peaceful working atmosphere so that workers/laborers will be able to focus their attention on the work as much as possible without worrying about being hit by a work accident at any time. This study was conducted to determine and analyze the implementation of labor protection policies in Bone Bolango Regency, Gorontalo Province. This study uses a qualitative method with a descriptive approach, namely research that produces descriptive data in the form of written or spoken words from people and observable behavior. The results of the study have shown that the labor protection policy program implemented by the Bone Bolango Regency Government has been running well in accordance with the provisions of applicable laws and regulations. This can be seen from several protection indicators used, namely: 1) Economic protection; 2) Social protection; and 3) Technical protection. Based on the results of the study, it has been shown that these three forms of protection provided can guarantee the welfare of workers and the community who participate in the protection program. Therefore, the Bone Bolango Regency Government continues to maximize the labor protection program by continuously monitoring and evaluating various labor business activities, so that income and welfare for workers and the community in Bone Bolango Regency continue to increase in the future.
The Urgency of Legal Regulation on the Use of Artificial Intelligence in Digital Marketing Practices in Indonesia Datu, Moh. Azwar Andi
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.v7i4.9718

Abstract

The purpose of this study is to analyze the legal status of Artificial Intelligence (AI) in digital marketing practices in Indonesia and assess the urgency of establishing specific legal regulations governing its fair and accountable use. As digital technology advances, AI is increasingly being used by businesses to automate promotional processes, personalize advertising, and analyze consumer behavior through large-scale data processing (big data analytics). However, the use of AI in this context raises complex legal issues, particularly regarding personal data protection, legal liability, and algorithmic transparency. This study uses a normative juridical approach by analyzing various relevant laws and regulations, including Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law), Law Number 8 of 1999 concerning Consumer Protection, and Law Number 27 of 2022 concerning Personal Data Protection (PDP Law). The results of the study indicate that in Indonesia's positive legal system, AI is still viewed as a legal object (instrumental entity) that does not have independent responsibility. Therefore, all legal consequences of its use remain the responsibility of businesses, developers, or electronic system organizers. Based on this, this study confirms that a specific legal framework regarding AI is needed that emphasizes the principles of transparency, accountability, fairness, and protection of digital privacy rights, so that the use of AI in digital marketing can take place ethically, responsibly, and in accordance with the principles of national legal certainty.
Law Enforcement Against Domestic Violence in the Gorontalo Police Area Saleh, Muhammad Arief; Lahaling, Hijrah; Insani, Nur
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.v7i4.9621

Abstract

Domestic violence (KDRT) is a human rights violation that has a serious impact on victims, especially women and children. Although it has been regulated in Law Number 23 of 2004 concerning the Elimination of Domestic Violence, the implementation of law enforcement in various regions still faces various challenges. This study aims to analyze the form of law enforcement for domestic violence cases in the jurisdiction of the Gorontalo Police, as well as identify the inhibiting and supporting factors in the law enforcement process. The research method used is empirical juridical, with a qualitative approach involving interviews with law enforcement officials, victims, and accompanying institutions. The results of the study show that although the Gorontalo Police have tried to handle domestic violence cases seriously, there are still obstacles such as lack of reports from victims, patriarchal culture, limited resources, and lack of public understanding of victims' rights. This study recommends increasing the capacity of law enforcement officials, cross-sectoral cooperation, and legal education to the public to realize more effective protection for victims of domestic violence.
Impelension of Supervision by the Government Internal Supervision Apparatus (Apip) on Village Financial Management in Bolaang Uki District Djakia, Haryono Suyono; Nur, Rafika; Djafar, Marwan
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.v7i4.9569

Abstract

This study aims to analyze the implementation of supervision carried out by the Government Internal Supervision Apparatus (APIP) on village financial management in Bolaang Uki District, as well as to find out the obstacles faced in its implementation. Village financial management is an important aspect of transparent and accountable village development, so it requires an effective supervision mechanism. The research method used is an empirical juridical approach with data collection through field studies and documentation. The results of the study show that supervision by APIP has not been fully optimal, characterized by inconsistencies in the reporting and use of village funds. The inhibiting factors include limited human resources, low understanding of village officials on financial regulations, and weak coordination between APIP and village governments. Therefore, it is necessary to strengthen the capacity of APIP, increase training for village officials, and synergy between institutions to encourage village financial management in accordance with the principles of good governance.
Principles of Caution by Notaries Regarding Transfer of Land Rights Based on A Name-Border Agreement from the Perspective of Land Registration Regulations Artamira, Nabela Maulinda; 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.v7i4.9772

Abstract

not recognized by the Civil Code but grow and develop in society. This practice has become a fairly common phenomenon, especially in regional areas. a popular tourist area, where many foreigners are interested in owning property but are prevented by applicable legal provisions. Agrarian law strictly prohibits foreigners from owning land with freehold rights. This not only has the potential to harm the country financially, but also creates legal uncertainty that can hamper the long-term investment climate. From a public policy perspective, the existence of name loan agreements reflects a gap between market needs and the existing legal framework. A comprehensive study is needed to formulate policies that can accommodate global economic dynamics without compromising the fundamental principles of national agrarian law. The research method used is normative juridical, the type of approach used is a conceptual approach and a legislative approach, the data analysis method used is a literature study using qualitative analysis. The results of this study are that the position of the nominee agreement also has the potential to cause legal uncertainty and social conflict, especially if there are dual claims to land ownership, in practice, the court tends to reject the Nominee agreement because it violates the principle of nationality which is the main basis of the Basic Agrarian Law. The principle of caution has an important role for Notaries in carrying out their duties and authorities, so that Notaries must play a role in providing legal counseling to the parties regarding the contents that will be stated in the form of a Deed so that in the implementation of the principle of accuracy or caution must be carried out in the process of making a deed.
Implementation of the Policy of law Number 25 Of 2009 Concerning Public Services at the Investment and One-Door Integrated Services Service of Belu Regency Bere, Joseph Franky Leto; Atok, Fransiskus; Buti, Febriani Martins Nai; Buti, Graceana Elma Mau
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.v7i4.9742

Abstract

The Investment and One-Stop Integrated Service Office of Belu Regency provides public services for residents in Belu Regency to meet their needs in accordance with laws and regulations. In the implementation of services, various obstacles are still encountered, one of which is the low and minimal human resources, both in quality and quantity. The purpose of this study is to describe and analyze the implementation of policies at the DPMPST of Belu Regency. This study uses the Policy Implementation Model proposed by George Edwards III. Policy implementation is examined from four factors, namely: communication, resources, disposition, and bureaucratic structure. The study uses qualitative methods, with data collection techniques through interviews, observation, and documentation. The results of the study indicate that the implementation of the Public Service Mall in Belu Regency has been running in accordance with the provisions of laws and regulations, then to measure the performance of the organizers, a Public Satisfaction Survey was conducted for the period January to June 2025, the quality of service showed very good results with a KIM value of 99.28.
The Effectiveness of Government Policies on the Prevention of Early Marriage in South Bolaang Mongondow Regency Ismail, Fendawati; B, Sumiyati; Djafar, Marwan
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.v7i4.9658

Abstract

This study aims to analyze the effectiveness of the South Bolaang Mongondow Regency Government's policies on the prevention of early marriage. The problem of child marriage is still a crucial issue in Indonesia because it has an impact on the quality of human resources, education, and the health of the younger generation. South Bolaang Mongondow Regency (Bolsel) has demographic characteristics that show that around 24.4% of the population is 0–14 years old out of a total of 75,374 people, so it has a high potential risk to the practice of early marriage. This study uses a descriptive qualitative approach with two problem formulations, namely: (1) how to form and implement government policies in preventing early marriage, and (2) how effective these policies are in reducing the practice of child marriage in the community. The results of the study show that the local government through the Office of Population Control, Family Planning, Women's Empowerment and Child Protection (PPKBP3A) has implemented socialization, education, and cross-sector collaboration programs in an effort to prevent early marriage, such as counseling activities in Pintadia Village, Bolaang Uki District in June 2025. This policy shows a positive direction because it increases public awareness about the dangers of child marriage, but its effectiveness is not optimal. Factors that hinder include lack of coordination between agencies, budget limitations, lack of integrated data, and strong family cultural and economic influence.

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