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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 332 Documents
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Legal Politics for Eradicating Criminal Acts of Corruption Related to Roles and Responsibilities of State-Owned Bank Board of Directors Septiandri, Ivon; 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.v7i4.9805

Abstract

Legal policy determines the form, direction, and substance of the laws to be enacted. The process of lawmaking is always influenced by political movements, and the political role of political institutions is crucial. The rampant corruption in Indonesia makes the formation of laws related to corruption eradication very dynamic. Corruption crimes in Indonesia require more in-depth study in the context of the process of forming legal policies for their eradication, particularly in the realm of state-owned banks, regarding clear boundaries to minimize criminalization while maintaining justice. Article 9G of Law Number 1 of 2025, concerning the Third Amendment to Law Number 19 of 2003 states that members of the Board of Directors of BUMN are not state administrators, this serves to make the role of the board of directors more professional, however, Law Number 16 of 2025 concerning the Fourth Amendment to Law Number 19 of 2003 concerning State-Owned Enterprises actually eliminates Article 9G which existed in the previous law. The article does not directly address the activities of Corruption Crimes, but by eliminating the inclusion of the clause not being a state administrator has the potential for criminalization because the boundary between pure state losses and business losses is very thin, so it is necessary to have clear boundaries regarding the responsibility of the Directors of State-Owned Banks. Losses that occur in State-Owned Banks are not immediately considered state losses, if they meet certain limits called the Business Judgment Rule (BJR). Directors who cannot be held accountable if there is good faith, reasonable prudence (Due Care) based on risk management and Good Corporate Governance (GCG), and there is no Conflict of Interest (No Conflict of Interest).
Legal Implications of Private Credit Agreements Registered with a Notary on the Validity of Mortgage Guarantees in Banking Practices. Wildani, Bella Rahmatika Sahda
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.v7i4.9584

Abstract

This study analyzes the legal implications of the use of private credit agreements registered with a notary on the validity of Mortgage guarantees in banking practices in Indonesia. Although the banking sector is highly dependent on collateral, often the principal credit agreement underlying the Mortgage is made privately and only legalized by a notary. The first problem formulation examines the legal status of private credit agreements registered with a notary. It was found that the deed remains a private deed. However, registration with a notary provides certainty of the date and signature, thereby increasing its formal evidentiary power. However, notary legalization does not guarantee the material truth of the agreement's contents, leaving the potential for disputes if the contents of the agreement are disputed. The second problem formulation discusses the legal implications of registering the deed on the validity of the Mortgage guarantee. Formally, this legalized deed is sufficient as a basis for the PPAT to issue a Deed of Granting Mortgage Rights (APHT). However, based on the principle of accession, if the principal credit agreement is proven to be legally flawed or void at a later date, the mortgage attached to it will also be void by law. This places a heavier burden of proof on the bank as the creditor in the event of a dispute regarding the validity of the agreement's contents. In conclusion, although registering a private credit agreement deed with a notary increases formal certainty, it does not completely eliminate legal risks related to the validity of the agreement's contents and its impact on the mortgage guarantee. Therefore, banking practices should prioritize the preparation of credit agreements in the form of authentic deeds before a notary to achieve maximum legal certainty and minimize the risk of disputes.
Legal Study on the Preservation of Traditional Weaving in North Lombok: Between Intellectual Property Rights and Communal Protection Anam, Ahmad Gautsul; Paradina, Wanda
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.v7i4.9764

Abstract

Traditional weaving from North Lombok represents intangible cultural heritage with significant economic and cultural value, yet faces threats of extinction and commercial exploitation without fair compensation. This research examines legal protection of traditional weaving through Intellectual Property Rights and communal protection regimes based on Law Number 28 of 2014 on Copyright and Government Regulation Number 56 of 2022 on Communal Intellectual Property. The research employs a normative juridical approach with analysis of laws and regulations and case studies in North Lombok. Findings reveal a dual protection system where the state holds copyright over traditional cultural expressions but has not optimally conducted inventory and economic benefit distribution to weaving communities. Main constraints include minimal documentation of weaving motifs, limited legal awareness among communities, and absence of clear benefit-sharing mechanisms. The research recommends accelerating inventory of North Lombok traditional weaving, strengthening weaving community institutions, and establishing specific regional regulations governing protection and economic utilization of weaving based on communal justice principles.
Consumer Losses Due to Business Actors in Online Stores: Legal Analysis and Solutions Susilowati, Asih; Dermawan, I Made; Suwarno, Ernawati
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.v7i4.9485

Abstract

In healthy business or economic activities, a balance of legal protection is needed for consumers and business actors, this is because many consumers are harmed by the fraudulent actions of business actors. The problem formulation is: How is the validity of online transactions via Instagram viewed from Article 1320 of the Civil Code and what form of legal protection is provided for consumers due to losses by online shop business actors on Instagram. Normative juridical research method with a qualitative approach. The legal basis for online transactions is the same as transactions in general, referring to the basic provisions of Article 1320 of the Civil Code as a condition for the validity of the agreement, whereas online sales and purchase agreements remain as valid as conventional sales and purchase agreements, if they still comply with Article 1320 of the Civil Code. If the consumer's rights are not fulfilled, the consumer can take legal action as regulated in Article 38 and Article 39 paragraph (2) of the ITE Law and Article 47 and Article 48 of the Consumer Protection Law. Suggestions that can be given in the future need to be made legal regulations that specifically regulate e-commerce so that consumer rights in electronic transactions, especially using Instagram media, which is not used for selling purposes like other e-commerce which is specifically designed for online shopping, can be better guaranteed.
E-Planning System in the Regional Development Planning Agency of Gorontalo District Mayanggita, Adelia; Tilome, Apris Ara; Djafar, Franky
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.v7i4.9932

Abstract

This study aims to analyze the implementation of the e-Planning system in the Regional Development Planning Agency ancy (Bappeda) of Gorontalo Regency using the Technology-Organization-Environment (TOE) approach. The method used is a qualitative approach with data collection techniques through observation, interviews, and documentation. The results of the study indicate that the implementation of the e-Planning system has not been running optimally and still faces various obstacles in three main aspects. From the technological aspect, unstable internet network interference is a dominant obstacle that causes delays and failures in system access. From the organizational aspect, the available SOPs are still general and have not been adapted to the technical needs of each sector, resulting in inconsistencies in task implementation Meanwhile, from the environmental side, the low understanding and technical skills of human resources. as well as unequal training, are challenges in optimizing system use. This study recommends improving network infrastructure, re-drafting more contextual SOPs and ongoing technical training to increase the effectiveness of e-Planning implementation in the Bappeda of Gorontalo Regency.
Duties of Sub-District Head in Implementing Regional Autonomy Based on Law Number 23 of 2014 Surya, Ida
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.v7i4.9862

Abstract

Since the enactment of Law Number 23 of 2014, the Sub-district Government has undergone many changes in line with the changing paradigm of government as mandated in Law Number 23 of 2014 concerning Regional Government. The purpose of the position and duties of the Sub-district Head in the Regional Autonomy era is to improve coordination of government administration, public services, implement development, and empower Village/Kelurahan communities. The method used is an empirical research method with a legislative study approach and a conceptual and sociological approach. The data analysis used is the method of interpretation of legislation and authentic interpretation, as well as field data. The expected result is that the Sub-district government is required to be sensitive to the changes that occur. All public services and civil services that were previously conventional are now required to be technology-based. The Sub-district Head, as the head of government at the Sub-district level, and other government units, including Village governments should collaborate and coordinate in all sectors.
Student Participation in Campus Public Administration Processes: Opportunities and Challenges at the Lombok Business Academy Juliyati, Neneng
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.v7i4.10121

Abstract

This study aims to analyze the forms, driving factors, and obstacles to student participation in the public administration process at the Lombok Business Academy (AKBIL) as an effort to realize transparent and participatory campus governance. In the context of vocational higher education, students have a strategic role as recipients and supervisors of internal public services. However, their involvement is often still administrative in nature and does not touch on the decision-making aspect. This study uses a qualitative approach with a case study method that focuses on the phenomenon of student participation in the campus public administration system. Data were obtained through in-depth interviews, observations, and documentation studies of students, administrative staff, and campus leaders. The results show that student participation in AKBIL has developed through various activities such as completing service evaluation questionnaires, using the Academic Information System (SIKAD), and involvement in student organizations and communication forums with the administration. This study concludes that student participation is an important component in the implementation of good governance principles in the university environment. To strengthen this role, AKBIL needs to develop participatory policies that ensure the sustainability of student-administration forums, improve digital literacy among the academic community, and
Implementation of Flood Disaster Control Regulations with a Multisectoral Approach Adi, Emmanuel Ariananto Waluyo; Muhammad, Raihan Bari; Simanullang, Sintong Martunas M; Ashari, Bayu
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.v7i4.9955

Abstract

This study was conducted to examine the implementation of flood-control regulations in Sumatra through a multisectoral approach encompassing the perspectives of land administration, public works and water resources, transmigration, environment and peatland management, energy, public financing, legal governance, and inter-institutional coordination. A normative juridical framework, enriched with institutional process mapping, was employed to assess how cross-sectoral policies have shaped hydrological vulnerability and influenced the effectiveness of flood-mitigation efforts. The analysis indicates that the effectiveness of licensing regimes, spatial planning, and field-level monitoring has been constrained by tenure uncertainty, inconsistencies in spatial datasets, weak geospatial verification, and deficits in upstream infrastructure maintenance. Granular violations including land clearing, peat canalization, and incomplete mine reclamation were also found to remain insufficiently addressed by conventional enforcement mechanisms, as reflected in numerous field findings circulating in the public domain. From the land-administration perspective, tenure certainty and risk-layer consolidation are required to be strengthened; from the water-resources perspective, synchronization of planning and infrastructure maintenance must be ensured; from the transmigration perspective, population placement is mandated to be based on hazard mapping and rights protections; from the environmental and peatland perspective, ecological restoration and rewetting are viewed as essential prerequisites; from the energy sector, logistical preparedness and mitigation-budget protection are required to be enhanced; and from the legal perspective, regulatory harmonization and tiered sanctions are required to ensure effective ecological recovery. At the institutional level, strengthened coordination across ministries is deemed necessary to enable consistent implementation of these recommendations. Accordingly, it is concluded that flood management in Sumatra can only be achieved through an integrated and binding governance framework grounded in a unified risk map, systematic licence auditing, and measurable ecological rehabilitation.
Reform of the Republic of Indonesia's State Police Through the Implementation of Big Data to Improve Efficiency, Transparency, and Accountability Setiawan, Agung; Dudy, Aryadi Almau
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.v7i4.9908

Abstract

This study aims to analyze the potential application of Big Data within the Indonesian National Police (Polri) to improve the effectiveness, transparency, and accountability of reforms (the Arrangement of Authority and Law Enforcement Institutions). Using normative juridical research methods, this study identifies potential legal challenges, including issues of data privacy, human rights, and external oversight. The results indicate that although Big Data can improve the performance of the Indonesian National Police (Polri), its implementation requires in-depth regulatory adjustments to align with applicable legal principles.
Literature Study on the Implementation of Public Administration Ethics by ASN in Palangka Raya City Deny Saputra, Julius; Alfianus, Alfianus; Pranata, Yoga; Kumalasari, Intan
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.v7i4.9603

Abstract

This study aimed to analyze the implementation of public administrative ethics by civil servants in Palangka Raya City through a literature-based approach that focused on scholarly sources, national regulatory frameworks, and official institutional documents. A content analysis method was applied to identify the relevance of administrative ethics in the interaction between formal regulations, bureaucratic culture, and individual ethical awareness among civil servants. The findings showed that although a comprehensive normative framework for civil service ethics had been established, its implementation faced significant challenges, including weak internalization of moral values, the persistence of patrimonial culture, and limited effectiveness of integrity-based supervision. These conditions indicated a gap between normative ethics and ethical practices in the field, which negatively affected the quality of public service delivery. The study concluded that strengthening administrative ethics required a paradigm shift from mere regulatory compliance to sustainable public value orientation through ethical leadership and the integration of local cultural values.

Page 31 of 34 | Total Record : 332

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