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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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The Violation of the Dignity of the Advocate Profession in the Perspective of Deontological Ethics Immanuel Kant: A Philosophical and Juridical Study of the Phenomenon of "Lawyers at the Table" Alex Togaraja Simanjorang; Wa Marcella; Hendriadi Yustin; Ranny Iwan Susilo; Hernawati RAS
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.v8i2.10591

Abstract

This study aims to analyze the violation of the ethics of the advocate profession which is metaphor as the phenomenon of "Lawyer at the Table" through the perspective of Immanuel Kant's deontological morality. The research uses normative legal research methods with legislative, conceptual, and philosophical approaches, and is analyzed qualitatively through literature studies. The results of the study show that the phenomenon reflects the crisis of moral obligations in the practice of the legal profession which is characterized by the dominance of instrumental rationality, the weak internalization of professional ethics, and the shift in professional orientation from moral obligations to pragmatic interests. Based on Kant's theory of deontology, these actions are contrary to the principle  of categorical imperative, especially the Universality Formula and the Humanity Formula, because they cannot be universalized as moral law and reduce human dignity and judicial institutions as a means of certain interests. This study also found that resolving violations of the ethics of the advocate profession is not enough through a disciplinary sanctions approach, but requires the reconstruction of professional ethics through the universalization of actions, respect for human dignity, and the internalization of universal moral obligations. The implications of the study confirm that Immanuel Kant's deontological theory is relevant as a philosophical foundation for establishing universal, rational, and justice-oriented standards of ethics for the legal profession.
Family Conflict Resolution Patterns: A Study of Wet Sesait in North Lombok Suci Ramadhani Putri; Raden Sumiadi; Sinardi Sinardi
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.v8i2.10630

Abstract

This study examines the patterns of family conflict resolution practiced by the Sesait Customary Law Community (Wet Sesait) in North Lombok. Using a legal sociology approach with qualitative methods, this research analyzes the integration between Tau Lokaq Empat (the traditional leadership structure) and the Majelis Krama Desa (MKD) in resolving family conflicts. Tau Lokaq Empat consists of four pillars: Mangku Gumi (traditional/adat leader), Jintaka (socio-economic leader), Penghulu (religious leader), and Pemusungan (governmental leader). The MKD, established under North Lombok Regent Regulation No. 20 of 2017, functions as a formal village institution integrating three legal systems: positive law, customary law, and religious law. Research findings reveal that conflict resolution follows a structured yet flexible procedure involving complaint submission, victim-centered verification, formal meetings integrating all four Tau Lokaq Empat pillars, and participatory mediation that synthesizes positive law, customary, and religious perspectives. The binding force of MKD decisions derives from dual legitimacy: formal legal legitimacy through the regent's regulation and socio-cultural legitimacy through the involvement of Tau Lokaq Empat. This integrative model demonstrates constructive legal pluralism in practice, where different legal systems function as complementary resources that create comprehensive and contextual justice, rather than competing entities. This study contributes to understanding how indigenous communities maintain traditional conflict resolution mechanisms while adapting to formal legal systems, offering important lessons for victim-centered restorative justice approaches
Cyber Law Analysis and Customer Protection in Cases of Phishing in Digital Banking Maria Minerva Gani; Cheryl Nathania; Heigel Parodi Ritonga; Nathasya Jhonray Siregar; Rifaldo Aditya; Putra Dirgantara; Nicole Eugenia Yuri; Tasya Amira F Siregar
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.v8i2.10602

Abstract

This study examines phishing in digital banking services as a form of cybercrime that combines electronic system manipulation and social engineering. Phishing is not merely a technical security issue, but also a legal problem involving criminal liability, consumer protection, and personal data protection. This research uses normative legal research with statutory and case approaches, particularly by analyzing phishing practices involving fake banking websites that resemble official digital banking platforms. The findings show that phishing can be legally constructed through several provisions under the Electronic Information and Transactions Law, the Personal Data Protection Law, and the National Criminal Code. The perpetrator’s liability may be established through the elements of unlawful act, intent, capacity to be held responsible, and the absence of justifying or excusing grounds. In addition, victim protection must be carried out through preventive measures, responsive handling, and recovery mechanisms, including strengthening digital security, improving customer literacy, conducting internal investigations, and providing dispute resolution channels. Therefore, the prevention and handling of phishing in digital banking requires an integrated approach that combines criminal enforcement, banking governance, consumer protection, and personal data protection.
Validity of the Cultivation Agreement Regarding Land Tenure Absentee Caused by Regional Expansion Muhammad Rifaldi Setiawan; Hera Alvina Satriawan
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.v8i2.10560

Abstract

This study aims to analyze the legal validity of the Cultivation Agreement issued by the North Lombok Land Office as a form of legal protection for absentee land tenure arising from regional expansion. This research employs a normative legal method using statutory, conceptual, and case approaches, supported by empirical data obtained through interviews. The results indicate that the issuance of the Cultivation Agreement is carried out through administrative mechanisms, including complaint submission, verification, and discretionary decisions by the Head of the Land Office, taking into account social, economic, transportation, geographical factors, as well as regional spatial planning. However, from a juridical perspective, the Cultivation Agreement lacks a strong legal basis and contradicts the prohibition of absentee land ownership as regulated under the Basic Agrarian Law (UUPA) and Government Regulation Number 224 of 1961 in conjunction with Government Regulation Number 41 of 1964. Furthermore, its issuance exceeds administrative authority, as it constitutes discretion within a bound authority framework. Therefore, the Cultivation Agreement cannot be considered a valid form of legal protection.
Legal Challenges to Proving Deepfake Video Evidence in the Criminal Justice Process in Indonesia Daniel Johnson Goenawan; Muhammad Naufal Rionatadiradja; Reyzel Yandika Lim; Denovan Salim; Marchya Gwenerve Mongkaw; Pietro Grassio E.Y
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.v8i2.10613

Abstract

Deepfake technology, powered by generative artificial intelligence, poses significant challenges to the integrity of electronic evidence in Indonesia's criminal justice system. This study examines the legal position of deepfake videos as evidence under the Electronic Information and Transactions Law (UU ITE) and the Criminal Procedure Code (KUHAP). Using a normative juridical method with a statutory approach, the research analyzes formal and material requirements for electronic evidence, technical and juridical obstacles in authentication, and real-world cases such as the Baim Wong voice cloning fraud. The findings indicate that current regulations lack specific standards for authenticating synthetic media, creating a legal vacuum and risks of misjudgment in post-truth court proceedings. This paper recommends regulatory updates, standardization of digital forensics, and capacity building for law enforcement to strengthen evidentiary reliability.
Commercialization of Medical Services as a Business Practice: A Legal Analysis of Conflicts of Interest and Patient Protection in Indonesia Aris Prio Agus 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.v8i2.10593

Abstract

There is a growing gap between the normative regulation of medical services, which is oriented toward patient safety, and the reality of commercialized practice driven by economic interests. This condition creates conflicts of interest and weakens legal protection for patients. This study aims to analyze the legal framework governing the commercialization of medical services and examine its implications for patient protection in order to realize a healthcare system that is fair, professional, and patient-oriented. The research method used is a normative legal approach that analyzes legal norms, principles, and rules. The analysis is conducted qualitatively to produce theoretical understanding and comprehensive legal argumentation regarding the relationship between business practices in medical services and the legal responsibilities of medical personnel. The findings show that Indonesia’s legal framework for the commercialization of medical services recognizes the economic aspects of medical professionals and healthcare facilities, but it is still constrained by ethical principles, professionalism, and patient protection, resulting in a normative dualism between economic orientation and humanitarian values. In practice, this dualism has not been harmoniously implemented due to the persistent gap between norms and implementation. This condition weakens patient protection, increases the risk of over-treatment, creates information asymmetry, and shifts the doctor–patient relationship into a transactional one that may trigger medical disputes and service injustice. Therefore, stronger regulatory enforcement, clearer separation between medical and business functions, service transparency, strengthened ethical supervision, and reform of medical legal culture are required to achieve a balanced healthcare system that fairly integrates economic interests with patient protection and prioritizes patient safety.
Cultural Diplomacy between Indonesia and Timor Leste 2020-2024 Garra Kurniawan; Ali Noer Saman
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.v8i2.10631

Abstract

This study analyzes the cultural diplomacy relations between Indonesia and Timor-Leste during the 2020-2024 period. Employing a qualitative approach through library research and interviews, the study finds that cultural diplomacy plays a significant role in strengthening bilateral relations based on three main findings. First, cultural diplomacy strengthens people-to-people diplomacy through arts, education, and cultural festival programs that build mutual trust between communities. Second, its impact extends to the education, economic, and political sectors, demonstrating a spillover effect from cultural cooperation. Third, its implementation faces structural obstacles such as limited financial and human resources, as well as digitalization challenges. Overall, cultural diplomacy proves to be an effective soft power instrument for historical reconciliation and enhancing multidimensional bilateral relations, although it requires strengthening institutional capacity and digital innovation.
Implementation of the One-Stop Integrated Service (PTSP) to Achieve Legal Certainty for Investors in South Sulawesi Daniel Johnson Goenawan; Marchello Putra Toding Palili; Muhamad Naufal Rionatadiraja; Reyzel Yandika Lim; Jur. Udin Silalahi
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.v8i2.10608

Abstract

This study aims to analyze the implementation of the One-Stop Integrated Service (PTSP) as the main instrument in realizing legal certainty for investors based on South Sulawesi Provincial Regulation Number 13 of 2009 concerning Regional Investment. In an effort to create a conducive business climate, the South Sulawesi Regional Government integrated various licensing and non-licensing authorities through the PTSP system to simplify the investment process from the application stage to the issuance of documents in one place. The results of the study indicate that the PTSP plays a crucial role in providing legal certainty, business certainty, and business security through a clear mechanism of delegation of authority and a selection process through recommendations from the technical team. However, the effectiveness of this system is highly dependent on the synchronization of the Governor's regulations regarding permit application procedures and coordination between Regional Work Units (SKPD). The implementation of the PTSP not only functions as a bureaucratic simplification but also as an administrative oversight tool to prevent irregularities in investment activities in the region.
Corruption Cases in Government Institutions: Abuse of Rules from the Perspective of Weber and Wilson's Theory Neneng Juliyati
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.v8i2.10553

Abstract

This study examines the phenomenon of corruption in Indonesian government institutions through the theoretical perspectives of Max Weber and Woodrow Wilson. Corruption cases are viewed not only as individual actions, but also as the result of structural and cultural weaknesses in government bureaucracy. Using qualitative research methods based on literature studies, this study analyzes the abuse of rules (rule manipulation) in the public administration system that should be rational and legal, but is instead used for personal or group interests. From Weber's perspective, the ideal rational-legal bureaucracy aims to create efficiency and legal certainty. However, in practice, the bureaucracy in Indonesia is often too rigid and formalistic, thus obscuring moral values and the purpose of public service. This opens up opportunities for deviation and corruption that are legitimized by formal procedures. Meanwhile, Wilson's theory highlights the importance of separating the political and administrative realms and the need for flexibility in public service. The inability of the apparatus to maintain professionalism and neutrality from political intervention is one of the factors driving the emergence of bureaucratic corruption. The results of the study indicate that corruption in government institutions is the result of an imbalance between compliance with rules (rule-based system) and the application of public service ethics (value-based administration). The synthesis of Weber's and Wilson's theories asserts that overly formal bureaucracies devoid of moral values, as well as overly flexible bureaucracies lacking regulatory control, both create space for abuse of power. Therefore, bureaucratic reform must be directed at striking a balance between legal rationality and administrative ethical integrity to prevent corruption sustainably.
Comparative Analysis of Criminal Law Regulations Towards the Phenomenon of Deepfake Pornography Ni Gusti Agung Ayu Mas Tri Wulandari
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.v8i2.10618

Abstract

The rapid development of artificial intelligence (AI) over the past decade has introduced new challenges in criminal law, particularly the phenomenon of deepfake pornography which poses serious threats to victims’ privacy, reputation, and personal integrity. This study employs a normative juridical approach using the statute approach, conceptual approach, and comparative approach to analyze Indonesian regulations and compare them with the United States. Data were collected through library research including legislation, government policies, academic articles, and relevant court decisions. Findings reveal that Indonesian regulations such as Law Number 1 of 2024 on Electronic Information and Transactions, Law Number 44 of 2008 on Pornography, Law Number 27 of 2022 on Personal Data Protection, and the new Criminal Code Law Number 1 of 2023, do not explicitly regulate AI-based synthetic media, creating normative gaps and legal uncertainty that worsen victims’ positions. In contrast, the United States has introduced policies such as the TAKE IT DOWN Act requiring the removal of non-consensual intimate content within a specific timeframe. Victim protection principles and the right to be forgotten applied in the US may serve as valuable inspiration for Indonesia to strengthen its legal framework. This study emphasizes the urgent need for criminal law reform through amendments to the Pornography Law, the ITE Law, or the establishment of a specific law on AI-generated pornography to ensure more effective, fair, and adaptive legal protection for victims in the digital era.

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