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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 417 Documents
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Juridical Analysis of the Criminal Act of Sexual Harassment by Medical Personnel in the Perspective of Progressive Law and the New Criminal Code Ranny Iwan Susilo; Hendriadi Yustin; Wa Marcella; Alex Togaraja Simanjorang; Edy Santoso
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol. 8 No. 2 (2026): 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.v8i2.10620

Abstract

This study discusses the juridical analysis of the criminal act of sexual harassment by medical personnel from the perspective of progressive law and the New Criminal Code (KUHP). The case of sexual harassment by medical personnel in Garut in 2025 is the background for this study, which shows the abuse of power relations between medical personnel as the dominant party and the patient as the vulnerable party. This study aims to analyze how law enforcement of the case is reviewed from progressive legal theory and its conformity with the provisions of the New Criminal Code and the Sexual Violence Crime Law. The research method used is normative legal research with a statutory approach, a conceptual approach, and a case approach, and is analyzed qualitatively. The results of the study show that although law enforcement has resulted in criminal verdicts and restitution for victims, the process is still influenced by the phenomenon of no viral, no justice, so it does not fully reflect substantive justice. Based on the progressive legal theory put forward by Satjipto Rahardjo, the law should not only be oriented to legal certainty, but also to the protection and recovery of victims as a whole. Therefore, it is necessary to strengthen the progressive legal paradigm in law enforcement in order to create a more responsive, humane, and just legal system for victims.
Sub-districts as Sub-district Apparatus in the Implementation of Government According to Law 23 of 2014 Ida Surya
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol. 8 No. 2 (2026): 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.v8i2.10599

Abstract

The Village Government in the era of Regional autonomy has undergone many changes along with the changing paradigm of government as mandated in Law Number 23 of 2014 concerning Regional Government and Government Regulation Number 73 of 2005 concerning Villages. The purpose of Village structuring and government implementation in the era of Regional Autonomy is to improve coordination of government administration, public services, implementing development, and empowering Village/Sub-district 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. The expected result is that the Village government is required to be open to the community, both regarding development programs and the budget obtained, so that there is high trust in the Village government from the community, thus realizing the vision and mission of the village. All public services and civil services that were previously conventional are now required to be technology-based. The Village Head, as the head of government at the Village level, and other government units, including the Technical Implementation Unit, should collaborate and coordinate in all sectors by empowering the community so that a just, prosperous, and equitable society is realized.
Sources of Islamic Family Law: A Comparative Study of Classical and Contemporary Interpretations Lalu Kesa Rahmatullah; Ikrima Fajri Agustina Yusuf
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol. 8 No. 2 (2026): 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.v8i2.10633

Abstract

The purpose of this study is to compare classical and contemporary interpretation methods as sources of Islamic family law. The main problem of this paper is how the approach used by classical and contemporary interpretation, what are the differences between the two methods, and the relevance of both as references for Islamic family law. This study uses a qualitative approach with a literature study to gather in-depth information on the theme. The results of the study indicate that the classical interpretation method is textual in nature and maintains the originality of the verses, while the contemporary method provides many new approaches that are more relevant to the present day. The differences between the two lie in the period of emergence, sources, approaches, and the main methods used in interpreting the verses. Both are relevant in addressing the challenges of Islamic family law sources, the classical method as the initial foundation and developed with various approaches by the contemporary method to become a foundation for society in the modern era
The Effectiveness of Government Regulation Number 48 of 2014 in Marriage Services at the KUA of Ampenan District: A Socio-Legal Study in Banjar Village Muhammad Rifqi Jahroh; Siti Jahroh
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol. 8 No. 2 (2026): 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.v8i2.10610

Abstract

This study examines the effectiveness of Government Regulation Number 48 of 2014 concerning Tariffs on Types of Non-Tax State Revenue Applicable to the Ministry of Religious Affairs, focusing on marriage service practices in Banjar Village, Ampenan District, Mataram City. The regulation stipulates a zero-rupiah tariff for marriages conducted at the Office of Religious Affairs and a Rp600,000 tariff for marriages conducted outside the office. This study aims to analyze the regulation of non-tax state revenue in marriage services, evaluate its implementation, and examine community responses to the policy. This research employed a qualitative method with a phenomenological approach. Data were collected through observation, interviews with officials of the Office of Religious Affairs, community leaders, neighborhood heads, and residents, as well as documentation of marriage records and relevant regulations. The findings show that Government Regulation Number 48 of 2014 is administratively effective because it has been implemented according to formal procedures, payments are made through official mechanisms, and no major problems related to gratuities were found. However, its social effectiveness remains limited. The data indicate that most residents of Banjar Village still prefer to conduct marriages outside the Office of Religious Affairs due to Sasak customary traditions, the need for family witnessing, limited office space and service time, and the desire to hold marriage ceremonies as communal events. Some residents consider the Rp600,000 tariff burdensome, especially when combined with customary expenses. This study confirms that legal effectiveness must be assessed through the relationship between state regulation, public service delivery, economic conditions, and local culture.
Legal Certainty in Payment for Land Sale and Purchase Transactions: The Role of the Land Deed Official Anak Agung Ayu Intan Puspadewi
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol. 8 No. 2 (2026): 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.v8i2.10585

Abstract

This study is motivated by the absence of explicit regulations governing payment procedures in land sale and purchase transactions in Indonesia. The transfer of land rights resulting from a sale and purchase has been regulated under the Basic Agrarian Law and the Government Regulation on Land Registration. These provisions stipulate that the transfer of land rights must be carried out through a deed made by a Land Deed Official (PPAT). Accordingly, a land sale and purchase must be evidenced by a deed drawn up by the PPAT. However, the provisions regarding payment mechanisms are entirely left to the agreement of the parties based on the principle of freedom of contract as stipulated in the Civil Code, as well as the customary law principle of land transactions, namely “clear and cash” (terang dan tunai). This condition potentially creates legal uncertainty, particularly concerning the timing of payment to establish valid proof that triggers the transfer of land rights. The research problems addressed in this study are: (1) how is the legal regulation of payment in land sale and purchase transactions in Indonesia; and (2) what is the role of the PPAT in ensuring legal certainty related to such payments.This research employs a normative legal method using statutory and conceptual approaches, analyzed qualitatively. The results indicate that there is no explicit regulation regarding payment methods, thus in practice, payment arrangements largely depend on the agreement of the parties and the prudential principle exercised by the PPAT. In practice, the PPAT plays a role in ensuring the fulfillment of the “clear and cash” principle and in clearly stating payment details within the deed. In conclusion, there is a need for guidelines or strengthened regulations to ensure legal certainty and protection in the payment aspect of land sale and purchase transactions.Keywords: Land Sale and Purchase, Legal Certainty, Payment, PPAT
Criminalization of Serial Marriage Perpetrators in Criminal Law in Indonesia Suriansa Suriansa; Nur Insani; Apriyanto Nusa
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol. 8 No. 2 (2026): 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.v8i2.10629

Abstract

This study aims to analyze the legal regulation of serial marriage in the Indonesian legal system and examine the urgency of criminalization of serial marriage perpetrators from the perspective of criminal law. The research method used is normative juridical with legislative, conceptual, and case approaches, through literature studies on primary, secondary, and tertiary legal materials. The results of the study show that the regulation of nikah siri in Indonesian law has not provided optimal legal certainty and protection, especially for women and children, even though it has been regulated in Law Number 1 of 1974 concerning Marriage jo. Law Number 16 of 2019 concerning Amendments to the Marriage Law, due to weak enforcement and the absence of strict sanctions for violations of marriage registration. On the other hand, the criminalization of serial marriage in criminal law has not been appropriately applied because it contradicts the basic principles of criminal law such as the principle of legality in the Criminal Code and has the potential to clash with religious freedom in the 1945 Constitution of the Republic of Indonesia. Therefore, a more effective approach is through strengthening the administrative system, increasing public legal awareness, and more optimal legal protection for women and children
Legal Proof of Cybercrime: A Case Study of the Hacking of Bank Syariah Indonesia (BSI) Ramdhan Mahardika Nasyith; Marchello Putra Toding Palilli; Triswer Triswer; Russell Dante Wiranatakusumah; Telly Augustine
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol. 8 No. 2 (2026): 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.v8i2.10601

Abstract

This research aims to analyze legal evidence for cybercrime through a case study of the hacking of Bank Syariah Indonesia (BSI). The method used is normative legal research with a statutory, case, and conceptual approach. The results show that evidence in cybercrime relies heavily on digital evidence such as system logs, electronic data, and malware analyzed through digital forensics. The validity of electronic evidence has been recognized in Article 5 paragraph (1) and Article 44 of the Electronic Information and Transactions Law (UU ITE), and is supported by Article 235 paragraph (1) of the new Criminal Procedure Code (KUHAP). However, the evidentiary process faces various obstacles such as the anonymity of the perpetrator, the cross-border nature, and the vulnerability of digital evidence to manipulation. Therefore, it is necessary to increase the capacity of law enforcement officers, strengthen cybersecurity systems, and collaborate across institutions and internationally to support effective law enforcement against cybercrime.
Procedures For Buying and Selling and Registration of Land Absentee as an Object of Land Ownership Muhammad Rifaldi Setiawan; Putri Raodah
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol. 8 No. 2 (2026): 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.v8i2.10557

Abstract

This study aims to analyze the procedures for the sale and purchase as well as the registration of absentee land as an object of ownership rights within the framework of Indonesian agrarian law. The issues addressed include the fulfillment of material and formal requirements in land transactions, the role of the Land Deed Official (PPAT), and the mechanism for registering the transfer of land rights. This research employs a normative legal method using both statutory and conceptual approaches. The statutory approach examines relevant regulations, while the conceptual approach explores legal doctrines related to land law, particularly concerning absentee land ownership. The results indicate that the implementation of absentee land transactions must comply with both material and formal requirements. The material requirements concern the legality of the parties and the object of the transaction, where the seller must be the lawful holder of land rights, and the buyer must qualify as a subject of ownership rights without violating the prohibition of absentee land ownership. Meanwhile, the formal requirement is fulfilled through the execution of a Sale and Purchase Deed (AJB) before the Land Deed Official (PPAT), which serves as the legal basis for the registration of the transfer of rights at the Land Office. Land registration plays a crucial role in ensuring legal certainty, legal protection, and orderly land administration. However, in practice, several obstacles remain, including limited public understanding of legal provisions and administrative constraints. Therefore, enhancing legal awareness and strengthening the role of PPAT and land administration institutions are necessary to achieve legal certainty in land transactions.
Political and Legal Reconstruction Based on Pancasila Education and the 1945 Constitution as the Foundation of Public Policy Morality. Totok Handono; Mustofa Kamil; Muhammad Rizki Azhari; Dewi Rahayu; Nida Lailatu Syabani; Agus Alqodri
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol. 8 No. 2 (2026): 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.v8i2.10640

Abstract

This study is motivated by the decline of moral integrity in legal politics and public policy in Indonesia, characterized by the dominance of pragmatic interests and the insufficient implementation of Pancasila values and the 1945 Constitution of the Republic of Indonesia. Normatively, the strengthening of state ideology is mandated in Article 1(3) of the 1945 Constitution, which affirms Indonesia as a state governed by law, Article 31(3) concerning the development of a national education system based on faith, piety, and noble character, and Law No. 20 of 2003 on the National Education System emphasizing character building. However, in practice, the teaching of Pancasila and constitutional values remains suboptimal across educational levels, resulting in weak ideological and constitutional understanding among society, including academics, public officials, and legal practitioners. This research aims to analyze the condition of moral integrity in legal politics, examine the impact of weak ideological education, and formulate a reconstruction of national legal development based on Pancasila and constitutional values. The study employs a normative juridical method with statutory, conceptual, philosophical, and historical approaches. The findings indicate that moral degradation in legal politics is closely linked to the weak internalization of Pancasila values in education and legal practice. Therefore, strengthening Pancasila education, reforming legal policies, and reinforcing constitutional values across all aspects of national life are essential to achieving a just, moral, and sustainable legal system.
Bank's Legal Responsibility in Detecting Shadow Controller-Related Beneficial Owner Wawan Zulmawan; Daniel Johnson Goenawan; Marchello Putra Toding Palilli; Ramdhan Mahardika Nasyith; Muhamad Naufal Rionatadiraja; Reyzel Yandika Lim; Triswer Triswer
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol. 8 No. 2 (2026): 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.v8i2.10612

Abstract

Transparency of legal entity ownership through reporting Beneficial Owner (BO) to the Ministry of Law and Human Rights is an important policy in preventing Money Laundering. However, the practice of shadow controllers, parties who de facto control a legal entity but are not reported as BO, remains a serious loophole. Banks as gatekeepers of the financial system have a strategic position to detect shadow controllers. This article aims to analyze the legal liability of banks for failing to detect shadow controllers, the sanctions that may be imposed, and the standard of proof for constructive knowledge. This research uses normative legal method with statutory and conceptual approaches, examining the Banking Law (Law No. 7/1992 as amended by Law No. 4/2023 on P2SK), Anti-Money Laundering Law No. 8/2010, OJK Regulation No. 8/2023 on APU-PPT, and Ministry of Law Regulations No. 2/2025 and No. 49/2025 on corporate BO. The results show that bank liability is fault-based, not strict liability. Banks that ignore indications of shadow controllers may be subject to administrative sanctions (reprimands to license revocation), civil sanctions (damages claims), and criminal sanctions. The standard of proof for constructive knowledge uses objective indicators such as suspicious transactions, complex ownership structures, and discrepancies between official documents and customer operational reality, measured by the reasonableness principle (prudent banker). This article recommends that banks act proactively by conducting independent verification beyond merely relying on the Ministry's BO reports, and strengthen early detection systems against shadow controllers.

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