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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 355 Documents
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Digitalization of Public Services Through the Gorontalo Integrated Community (GOMT) Application in Dungingi District, Gorontalo City Karim, Rahmawati H; Suprapto, Sri Handayani; Karim, Dian Fitriani; Mohi, Widya Kurniati
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.v7i4.9916

Abstract

Public services are one of the primary functions of government in meeting public needs. With the changing times, digitalization has become a strategic solution for increasing the efficiency, effectiveness, transparency, and accountability of public services. The Gorontalo City Government developed the Gorontalo Integrated Community (GoMT) application to support digital service transformation. This study aims to determine public understanding of the use of the Gorontalo Integrated Community (GoMT) application in Dungingi District, Gorontalo City. This study used a descriptive qualitative approach, with data collection techniques through interviews, observation, and documentation. The results indicate that the digitalization of public services through the GoMT application has not been running efficiently and optimally. The support indicator shows that government support is available in the form of regulations and policies, but public outreach is still minimal, resulting in many residents being unaware of the application. The capacity indicator shows that the availability of human resources is considered adequate, but technological infrastructure remains challenging, such as unequal distribution of internet networks and supporting devices. Meanwhile, the value indicator shows that although the GoMT application has the potential to provide fast, easy, and transparent services, its benefits have not been fully realized because the public still prefers manual services at the village office.Thus, a sustainable strategy is needed, including improving public digital literacy, strengthening network infrastructure, developing simpler and more user-friendly application systems, and consistent budget support. This research is important because it provides a concrete picture of the challenges and opportunities for digitizing public services at the sub-district level. It is hoped that it will provide input for local governments in developing more targeted policies. With these steps, the digitalization of public services through GoMT can be truly realized optimally and more effectively.
Waiver of Rights for Parties Objecting to Compensation in Land Acquisition for Public Interest Gandhi, Afnan Karenina; 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.v7i4.9853

Abstract

The transfer of land rights held by individuals to the state as the result of land acquisition for development in the public interest often gives problems in its implementation. One of those is the issue of the amount and form of compensation for the entitled parties. Specifically, this study discusses the procedure for submitting objections by the people communities and affected agencies as parties entitled to receive compensation due to land acquisition and questions the guarantee of justice and the realization of legal certainty in land acquisition’s implementation. This study uses a normative juridical method. Based on the research, it can be concluded that in the event of an objection regarding the amount and form of compensation, the entitled party can file an objection lawsuit with the district court and file a cassation appeal to the Supreme Court against the district court’s decision. Then, if the entitled party rejects the compensation after a cash payment offer has been made, the agency requiring the land can deposit the compensation money with the district court as consignment
Legal Regulations for Digital Insurance in Commercial Transactions in the Technology-Based Economy Era Katili, Nabila
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.v7i4.9991

Abstract

This study examines the implementation of fundamental insurance principles within digital insurance (insurtech) models and the readiness of Indonesian commercial law regulations in responding to technological transformation. The development of insurtech introduces efficiency and broader access to risk protection; however, policy digitalization, algorithm-based underwriting, and automated claims may weaken the application of the principles of insurable interest, indemnity, and uberrimae fidei if not accompanied by legally recognized digital verification and documentation mechanisms. The findings indicate that insurance regulations and POJK 3/2024 on financial sector technological innovation remain general in nature and have yet to regulate specific issues such as smart contracts, definitions of digital loss, data governance, and electronic dispute resolution. Therefore, adaptive regulatory reform is required through sectoral insurtech regulations, classification of digital intermediaries, recognition of electronic evidence, Online Dispute Resolution (ODR) mechanisms, and regulatory sandboxes. This study recommends establishing a responsive legal framework grounded in legal certainty to support digital insurance innovation while strengthening consumer protection.
The Validity of Receipts as Transactions for the Transfer of Land Rights Before the Law Ahmadi, Ahmadi
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.v7i4.10012

Abstract

The large number of people who do not understand the law on land transfer rights has become a problem for the legal compliance of land rights owners. People who occupy or own land whose ownership is based only on receipts and private deeds become a problem that arises in the future. Legal certainty regarding the sale and purchase transaction in the transfer of land rights agreed between the seller and buyer based on a receipt without a Sale and Purchase Deed made by a PPAT or PPATS has not been registered at the Land Office, but many buyers still carry out sales and purchases without using a Sale and Purchase Deed made by a PPAT or PPATS. Buyers of sales and purchases carried out without using a Sale and Purchase Deed made by a PPAT and/or PPATS may face legal consequences, such as being unable to register the transfer of land rights at the local land office or not being able to have the land rights transferred to their name. Buyers who carry out sales and purchases that do not comply with procedures will be subject to legal sanctions for committing a violation of the law, either intentionally or due to carelessness in fulfilling their legal responsibilities. Negligent or wrongful acts result in the creation of incorrect legal certificate products, including errors in the legal subject or object of the certificate. As a result, the certificate becomes invalid at the time of its creation or cannot be processed. Legal protection for buyers in good faith can be done through special efforts by filing a lawsuit with the District Court to obtain legal certainty regarding ownership of land rights, then submitting a name change at the National Land Agency, then being able to record the transfer of rights to land ownership based on the decision taken in the lawsuit and used as support for the name change application.
Reform of Civil Servant Pension Benefits Implementation Regulations in the Theory of Law and Development Sitepu, Dila Kristy Br.
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.v7i4.9898

Abstract

The implementation of Civil Servant Pension Benefits is currently run by PT TASPEN (Persero) since 1987. Payment of Civil Servant Pension Benefits is given monthly for the continuity of old age income as a right and as a reward for the dedication of Civil Servants, as well as the fulfillment of sustainable economic, social and cultural rights and guarantees of a decent life in accordance with duties, responsibilities and obligations. However, with the issuance of Law Number 20 of 2023 concerning the State Civil Apparatus, a new Paradigm has been created regarding the implementation of Civil Servant Pension Benefits. In accordance with Article 22 paragraph (3) and Article 23 of Law Number 20 of 2023 concerning the State Civil Apparatus which states that "Old Age Security and ASN Pension Security are provided in a social security program in accordance with the national social security system and the social security administering body". This causes uncertainty about the future of the "Old Age Program and Pension Program" which has been organized by PT TASPEN (Persero), which has provided financial benefits for Civil Servants. The normative method is used in conducting a study on the Study of the Implementation of Civil Servant Pension Benefits in the Theory of Development Law, there are 3 (three) approaches to studying the problem, namely the legislative approach (statue approach), case approach (case approach), as well as conceptual approaches (conceptual approachThe pension system is a legal instrument directly related to fiscal policy, social protection, and personnel management. Therefore, pension reform must be designed comprehensively and in stages. Development Law Theory provides the basis for pension law reforms to strengthen civil servant governance to support the achievement of national development goals.
Analysis of the Drafting of the Electronic Information and Transactions Law (ITE Law) in the Perspective of Legal Drafting Science Kaharuddin, Kaharuddin; Abrar, Muhammad Faishal; Ratuolinka, Diandra; Vianda, Nadya Luqyana; Tambunan, Natasya Christy Angelina
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.v7i4.10007

Abstract

This article describes and examines issues related to Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law) and its amendments, which were introduced with the aim of ensuring legal certainty for people conducting electronic transactions. The focus of this article is to examine the drafting of the ITE Law as stipulated in Law Number 12 of 2011, the application of principles in the drafting of the ITE Law, and the normative and implementative problems after the enactment of the ITE Law. The research used is normative legal research with a statute approach and conceptual approach. The legal materials in this study are divided into two categories, namely primary legal materials and secondary legal materials. The results of the study show that even though the formulation of the ITE Law is in accordance with the laws and regulations, its implementation still has many problems due to the non-implementation of several formal principles of the law and the large number of phrases with unclear boundaries.
Competencies of Teaching Personnel in the Use of Information Technology (IT) At State Middle School 8 Satu Atap (Satap) Telaga Biru Sarwin, Sarwin; Tilome, Apris Ara; Pakudu, Robin; Suprapto, Sri Handayani
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.v7i4.9920

Abstract

This study aims to determine the level of competency of educators in the use of information technology (IT) at SMP Negeri 8 Satu Atap (SATAP) Telaga Biru Competence in IT mastery is an important indicator in supporting the effectiveness of the learning process in the digital era. This study used a descriptive approach with qualitative methods. Data were collected through interviews, observations, and documentation with teachers and other educational staff at the school. The results indicate that most educators have a basic understanding of information technology use, such as computer operation, office applications, and utilizing the internet as a learning resource. However, there are still limitations in optimally using IT for leaming activities, particularly in integrating technology with teaching methods. Factors influencing IT competency include education level, age, training received, and the availability of technology facilities at the school. Therefore, improving competency through ongoing training and providing supporting resources is essential to foster digital transformation in the educational environment.
The Role of Land Deed Officials (PPAT) In Ensuring Legal Certainty of Land Rights Transfer. Normative Analysis of Supreme Court Decision Number 596 PK/PDT/2020 Travelina, Khalilla Nada; 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.v7i4.9854

Abstract

The Land Deed Official (Pejabat Pembuat Akta Tanah/PPAT) is a public official authorized to issue authentic deeds concerning specific legal actions, such as buying and selling and granting, which are crucial in guaranteeing legal certainty of land rights transfer in Indonesia. This research aims to analyze and evaluate the role of the PPAT in achieving legal certainty through a case study of the Supreme Court's Judicial Review (Peninjauan Kembali/PK) Decision No. 596 PK/Pdt/2020, which addresses a dual ownership dispute over land in West Jakarta. The research method used is normative juridical, involving the study of laws and regulations related to the PPAT and legal certainty, as well as an analysis of the judges' legal considerations in the decision. The results of the analysis indicate that this decision affirms the failure of the PPAT's role in performing its due diligence function. The Deed of Engagement to Sell and Buy (APJB) and the Deed of Sale and Purchase (AJB) created by the PPAT were declared invalid and without binding legal force, as they were based on a flawed process and involved a buyer who was deemed not a party acting in good faith. Consequently, the Right to Build (HGB) Certificate issued based on the deed was also revoked, and the rights of the legitimate owner were restored. The conclusion of this study is that the authentic deed created by the PPAT does not provide an absolute guarantee of legal certainty if the deed creation process violates legal provisions or disregards the principle of prudence. The PPAT bears legal and administrative responsibility for losses incurred due to their negligence, thus necessitating a tightening of standard procedures to ensure valid rights for the realization of legal certainty and protection for the public.
Implementation of the Principles of Legal Certainty and Accuracy in State Administrative Decisions within the Police Environment: Case Study of the Bengkulu Regional Police Maya, Alvina; Zahara, Widya Rahmi; Al Mursalin, Muhammad Zakky; Wulandari, Wulandari
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.v7i4.10015

Abstract

This study examines the implementation of the principles of legal certainty and due care in the issuance of State Administrative Decisions (Keputusan Tata Usaha Negara/KTUN) by the Bengkulu Regional Police. The case under review concerns the Decree of the Chief of Bengkulu Regional Police Number Kep/30/II/2025 regarding the Dishonorable Discharge (Pemberhentian Tidak Dengan Hormat/PTDH) of a police officer. The research employs a normative juridical method, utilizing statutory approaches, legal doctrines, and an analysis of decisions issued by the Bengkulu State Administrative Court (PTUN) as the primary data sources. The findings indicate that although the decision formally complied with procedural requirements, it materially violated the principles of legal certainty and due care. The authorized official failed to consider a reconciliation agreement, which under Police Regulation Number 7 of 2022 should have served as a basis for terminating the disciplinary examination. This omission resulted in an inaccurate legal basis and a decision that did not fully reflect the actual circumstances of the case. Furthermore, weaknesses in factual verification demonstrate a lack of prudence in the decision-making process. The reasoning of the Bengkulu State Administrative Court reinforces these findings, concluding that the disputed decision was inconsistent with the General Principles of Good Governance (Asas-Asas Umum Pemerintahan yang Baik/AUPB) as stipulated in Law Number 30 of 2014. This study recommends strengthening the application of AUPB through enhanced diligence, the improvement of internal standard operating procedures, and the optimization of factual verification mechanisms to ensure accountable and lawful administrative governance within the police institution.This study examines the implementation of the principles of legal certainty and due care in the issuance of State Administrative Decisions (Keputusan Tata Usaha Negara/KTUN) by the Bengkulu Regional Police. The case under review concerns the Decree of the Chief of Bengkulu Regional Police Number Kep/30/II/2025 regarding the Dishonorable Discharge (Pemberhentian Tidak Dengan Hormat/PTDH) of a police officer. The research employs a normative juridical method, utilizing statutory approaches, legal doctrines, and an analysis of decisions issued by the Bengkulu State Administrative Court (PTUN) as the primary data sources. The findings indicate that although the decision formally complied with procedural requirements, it materially violated the principles of legal certainty and due care. The authorized official failed to consider a reconciliation agreement, which under Police Regulation Number 7 of 2022 should have served as a basis for terminating the disciplinary examination. This omission resulted in an inaccurate legal basis and a decision that did not fully reflect the actual circumstances of the case. Furthermore, weaknesses in factual verification demonstrate a lack of prudence in the decision-making process. The reasoning of the Bengkulu State Administrative Court reinforces these findings, concluding that the disputed decision was inconsistent with the General Principles of Good Governance (Asas-Asas Umum Pemerintahan yang Baik/AUPB) as stipulated in Law Number 30 of 2014. This study recommends strengthening the application of AUPB through enhanced diligence, the improvement of internal standard operating procedures, and the optimization of factual verification mechanisms to ensure accountable and lawful administrative governance within the police institution. 
A New Paradigm of Civil Liability for Damages Caused by AI Systems under Article 1365 of the Indonesian Civil Code Pratidina, Ginung
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.v7i4.10013

Abstract

The revolution of Artificial Intelligence (AI) has presented fundamental challenges to the classical civil law framework, particularly Article 1365 of the Indonesian Civil Code (KUHPerdata), which is grounded in the concept of "fault" (schuld) . This study analyzes the inadequacy of Article 1365 in addressing damages caused by autonomous and "black box" AI systems . Using a normative legal research method with conceptual and comparative approaches, this article argues that proving the element of "fault" on the part of the developer, operator, or the AI itself is practically impossible . The autonomous nature of AI severs the traditional chain of causality, while its "black box" characteristic obstructs transparency in evidentiary proceedings . Consequently, a potential legal vacuum arises that is detrimental to victims. As a solution, this study proposes a paradigm shift from fault-based liability to strict liability, or at least risk-based liability, for AI operators or developers. This new paradigm is considered more capable of providing legal certainty and protection for victims without the burden of proving elusive faults .

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