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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 458 Documents
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Criminal Liability of Educational Corporations: an Analysis of Systemic Negligence in Schools in The Mitigation of Bullying and the Psychological Impact of Students Jimmi Marliston P. Aritonang; Rezi Rezi; Aryono Aryono
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol. 8 No. 3 (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/a2jd6449

Abstract

Bullying in educational institutions frequently leaves victims with prolonged psychological trauma, yet sanctions against education-providing legal entities remain confined to administrative measures such as written warnings, accreditation deferral, or licence revocation. This pattern produces institutional impunity: the entity benefits from its operations but escapes criminal law even when it is shown to have tolerated violence. The article addresses two questions. First, how the attribution of criminal liability for omissions in bullying mitigation can be reconstructed through Identification Theory within Articles 45–50 of the 2023 Criminal Code. Second, how the juridical parameters of systemic negligence can be formulated through Corporate Culture Theory as a basis for criminal liability for violations of students’ psychological integrity. Employing normative legal research with statutory, conceptual, comparative (the Philippines, Japan, South Korea), and case approaches, the study finds that Articles 45–50 already provide a sufficient legal entrance for corporate attribution. Operationalising it requires combining Identification Theory, to identify whose negligence is attributable to the corporation, with Corporate Culture Theory, to articulate the systemic standards whose breach constitutes institutional fault. Systemic negligence is framed through four cumulative elements: a duty of care, a gross and systemic breach, a meaningful causal link, and a constitutive consequence in the form of clinically documented violations of psychological integrity.
Legal Responsibility of Nurses for Alleged Nursing Malpractice in Hospitals Kristanto Setyo Nugroho; Aris Prio Agus Santoso; Heri Dwi Utomo
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol. 8 No. 3 (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: 10.58258/37d2gw09

Abstract

Nursing services are an essential component of the healthcare system in hospitals, aimed at providing professional, safe, and standardized nursing care. In practice, nurses are obligated to perform their duties in accordance with professional standards, service standards, standard operating procedures (SOPs), and the nursing code of ethics. However, there is a possibility of errors or negligence that may give rise to allegations of nursing malpractice and potentially cause harm to patients.This study aims to analyze the legal liability of nurses in relation to alleged nursing malpractice in hospitals and to examine the forms of legal responsibility that may be imposed under applicable laws and regulations. The research employs a normative legal method using both statutory and conceptual approaches through the analysis of relevant legislation, legal literature, and scientific journals.The findings indicate that nurses may be held legally accountable if they are proven to have committed acts or omissions that deviate from professional standards and result in harm to patients. Such legal liability may take the form of civil, criminal, administrative, as well as ethical and professional disciplinary responsibility. Furthermore, hospitals as healthcare institutions may also be held liable for the actions of healthcare professionals acting within the scope of their authority.Therefore, it is necessary to enhance nurses’ competencies, ensure compliance with service standards, and implement effective supervision mechanisms in order to prevent alleged nursing malpractice and to guarantee legal protection for both patients and healthcare professionals.
Trading Suspension Due to Unusual Market Activity (UMA) as an Investor Protection Instrument in the Indonesian Capital Market: A Case Study of PT Mora Telematika Indonesia Tbk and PT Andalan Sakti Primaindo Tbk Fauziah Nur ‘Aini
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol. 8 No. 3 (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/t7h5gr83

Abstract

The capital market plays a vital role in supporting national economic growth by providing a platform for long-term fundraising and investment activities. To maintain market integrity and investor confidence, securities trading must be conducted in an orderly, fair, and efficient manner. This study examines the implementation of the disclosure principle and the temporary suspension of share trading imposed by the Indonesia Stock Exchange (IDX) on PT Mora Telematika Indonesia Tbk (MORA) and PT Andalan Sakti Primaindo Tbk (ASPI) following indications of Unusual Market Activity (UMA). Employing a normative legal research method, this study analyzes relevant legal provisions, including Law Number 8 of 1995 concerning the Capital Market, regulations issued by the Financial Services Authority (OJK), and IDX regulations governing trading supervision and disclosure obligations. The findings indicate that although both issuers formally complied with disclosure requirements, the information disclosed was insufficient to adequately explain the significant increase in their share prices within a short period. This condition created the potential for information asymmetry and increased risks for investors. Furthermore, the study finds that the IDX’s decision to suspend trading reflects the implementation of the principles of orderly, fair, and efficient securities trading and serves as a preventive mechanism for investor protection. The suspension functions not merely as an administrative sanction but also as a regulatory instrument aimed at maintaining market stability, transparency, and credibility. The study concludes that the suspension of MORA and ASPI shares constitutes a legitimate and proportionate measure within the Indonesian capital market legal framework while highlighting the importance of substantive disclosure as a fundamental requirement for a transparent and equitable capital market
Legal Analysis of Inheritance Dispute Settlement in The Making of Deed of Division of Common Rights by the Acting Land Deed Maker Moh Ramdhan Imran; Nur Insani; Sumiyati B
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol. 8 No. 3 (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: 10.58258/302d1b26

Abstract

This study aims to analyze the legal arrangements regarding the settlement of inheritance disputes in the making of the Deed of Distribution of Shared Rights (APHB) by the Land Deed Making Officer (PPAT) and analyze the consequences of inheritance dispute law on the validity of the APHB made by PPAT. Inheritance disputes related to land often cause legal problems due to differences of opinion regarding the status of the heirs, the amount of inheritance, and ownership of inheritance objects, thus potentially hindering the process of distributing land rights and making APHB. This research uses normative legal research methods with a statutory approach and a conceptual approach. The legal materials used consist of primary legal materials in the form of laws and regulations related to inheritance law, land law, and PPAT positions, as well as secondary legal materials in the form of books, scientific journals, and the opinions of legal experts. The analysis was carried out qualitatively using a descriptive-analytical method. The results of the study show that the settlement of inheritance disputes in the making of APHB must be carried out first through deliberation, mediation, or court decisions in order to obtain legal certainty regarding the status of heirs and the distribution of inherited land rights. PPAT does not have the authority to decide inheritance disputes, but only has the authority to make APHB after there is clarity about the rights of the parties. In addition, unresolved inheritance disputes can affect the validity of the APHB because it has the potential to cause the deed to be canceled, declared null and void, or lose its probative power as an authentic deed. Therefore, the settlement of inheritance disputes before the making of the APHB is an important condition in realizing legal certainty, legal protection, and justice for the heirs in the distribution of inherited land rights.
Balance of PPP Agreements for the Provision of Public Infrastructure in the Event of Force Majeure Eduard Rixon Batubara; Agustina Merdekawati; Agustinus Supriyanto
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol. 8 No. 3 (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/nw1vfv87

Abstract

The limited fiscal capacity of the government to finance infrastructure development has encouraged the implementation of Public-Private Partnership (PPP) schemes as an alternative mechanism for providing public infrastructure. One of the fundamental characteristics of PPP agreements is risk allocation, which aims to assign risks to the party best able to manage and mitigate them. Legal issues arise when a force majeure event occurs, as such events are beyond the control of both the government and private entities and may disrupt contractual equilibrium and project sustainability. This study aims to analyze risk allocation in PPP agreements in the event of force majeure based on the principle of contractual balance. The research employs a normative legal method using statutory and conceptual approaches. The findings indicate that force majeure risks in PPP agreements are essentially categorized as shared risks and therefore cannot be entirely imposed on either the government or the private sector. Risk allocation is implemented through contractual mechanisms such as project schedule adjustments, concession period extensions, contract renegotiations, and compensation arrangements proportional to the impact suffered by the project. These mechanisms are intended to maintain a balanced distribution of rights and obligations between the parties, ensure legal certainty, and preserve the continuity of public infrastructure services. Consequently, proportional risk allocation serves as an essential instrument in sustaining PPP projects when force majeure events occur.
Legal Protection for Medical Personnel in Teleconsultation Services Through Telemedicine Applications Susy Putri Wihadi; Rina Arum Prastyanti; Aris Prio Agus Santoso
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol. 8 No. 3 (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/rvm80b89

Abstract

The development of information technology has driven the transformation of healthcare services towards a digital-based system, one of which is through telemedicine. The use of telemedicine in Indonesia is increasing because it can expand access to healthcare services, especially for communities facing geographical limitations and the distribution of medical personnel. However, the development of telemedicine has also given rise to various legal issues related to the legality of medical personnel's practice, the use of a Practice Permit (SIP), health data protection, and the division of responsibilities between medical personnel and telemedicine platform providers. This study aims to analyze the legal regulations for telemedicine in Indonesia and examine the forms of legal protection for medical personnel in teleconsultation services through telemedicine applications. The study uses a normative juridical method with a statutory and conceptual approach. The legal materials used consist of primary legal materials in the form of laws and regulations and secondary legal materials in the form of books, scientific journals, and relevant legal doctrines. The analysis is conducted qualitatively through the interpretation and synchronization of legal norms related to telemedicine. The research results show that telemedicine has obtained a legal basis through Law Number 17 of 2023 concerning Health, Government Regulation Number 28 of 2024, the Electronic Information and Transactions Law, and the Personal Data Protection Law. However, there remains unclear regulations regarding the use of SIP in teleconsultation services, the jurisdictional boundaries of digital practices, and the division of legal responsibilities between medical personnel and telemedicine platforms. Therefore, strengthening and harmonizing regulations are needed to provide legal certainty and more effective protection for medical personnel in the provision of teleconsultation services based on telemedicine applications.
Criminalization of Hate Speech in Indonesian Positive Law: A Proportionality Analysis of Restrictions on Freedom of Expression Alfred Ariyanto; Aryono Aryono; Muhammad Habib
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol. 8 No. 3 (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/nj8bfb84

Abstract

The rapid development of information and communication technology has expanded freedom of expression while simultaneously increasing the dissemination of hate speech through digital media. This phenomenon has prompted the state to criminalize hate speech in order to protect public order, human dignity, and the rights of vulnerable groups. However, the regulation of hate speech in Indonesian positive law continues to raise concerns regarding legal certainty and the risk of excessive restrictions on freedom of expression. This study aims to analyze the regulation of hate speech criminalization in Indonesian positive law, examine the legitimacy of its restrictions within the constitutional framework, and assess its conformity with the principle of proportionality. This research employs normative legal research using statutory and conceptual approaches. Legal materials were analyzed qualitatively through the theories of the Rule of Law, freedom of expression, and proportionality. The findings indicate that the criminalization of hate speech possesses a legitimate constitutional basis under Article 28J paragraph (2) of the 1945 Constitution. Nevertheless, several provisions within the Electronic Information and Transactions Law and the Criminal Code contain vague formulations that may undermine legal certainty. Based on the proportionality test, Article 300 of the Criminal Code is considered more proportionate than Article 28 paragraph (2) and Article 29 of the Electronic Information and Transactions Law because it provides clearer limitations and greater protection for legitimate expressions.
Enforcement of Police Professional Ethics and Its Implications for Public Trust Kimberly Fewsan; Meiraate Leos; Naomi Inly; Ramdhan Mahardika Nasyith; Telly Augustine; Triswer Triswer; Darren William; Yuni Priskila Ginting
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol. 8 No. 3 (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/r5wn0d66

Abstract

The police profession carries the responsibility of law enforcement, maintaining public security and order, and providing protection and services to society. In performing these duties, members of the Indonesian National Police are required to uphold the professional code of ethics as a moral and professional foundation. Violations of police professional ethics not only undermine institutional integrity but also affect public trust in law enforcement institutions. This study aims to analyze the enforcement of police professional ethics and its implications for public trust. The research focuses on two main issues: (1) the extent to which the enforcement of the police code of ethics can create law-abiding, honest, and fair police officers; and (2) the efforts required to restore and strengthen public trust in the police institution following ethical violations. This study employs normative legal research using statutory, conceptual, and case approaches. The data were collected through a literature review of laws and regulations concerning the police professional code of ethics, decisions of the Police Code of Ethics Commission, court decisions, and relevant legal literature. The findings indicate that violations of police professional ethics constitute not only legal misconduct but also breaches of fundamental ethical principles, including integrity, accountability, honesty, and professionalism. The enforcement of ethical sanctions, including dishonorable discharge, reflects the institution’s commitment to maintaining ethical standards. However, weaknesses in internal supervision and institutional accountability remain significant challenges. Therefore, strengthening oversight mechanisms, enhancing transparency, and reforming organizational culture are essential to restoring and improving public trust in the Indonesian National Police.
Digital Transformation of Academic Administration Servicesto Improve Student Satisfaction Evi Rosdiyanti; A. Fandir; Noni Antika Khaerunnisah; Nurfidah
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol. 8 No. 3 (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: 10.58258/65tcqa79

Abstract

This study analyzes the influence of digital transformation in academic administration services on student satisfaction at Akademi Bisnis Lombok (AKBIL). Digital transformation encompasses the Academic Information System (SIAKAD), online student admission, e-office, and electronic signatures, implemented since 2022. Using a quantitative explanatory survey with 212 respondents (N=450, proportionate stratified random sampling) and modified SERVQUAL dimensions—digital reliability, system responsiveness, information assurance, technology-based empathy, and digital tangibility—the multiple linear regression results show all five dimensions positively and significantly affect student satisfaction. Digital reliability (β=0.312; p<0.001) proved the most dominant predictor, followed by system responsiveness (β=0.241), information assurance (β=0.198), technology-based empathy (β=0.176), and digital tangibility (β=0.143). Collectively, the model explains 64.7% of student satisfaction variance (R²=0.647; F=71.34; p<0.001). Findings underscore the urgency of strengthening digital HR competency and IT infrastructure as key strategies for improving academic service quality at private vocational institutions. 
Law Enforcement Against Unlicensed Gold Mining Activities in the Gorontalo Regency Area Moh Farhan R Kadullah; Nur Insani; Apriyanto Nusa
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol. 8 No. 3 (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/ejzygt05

Abstract

Unlicensed gold mining activities are acts that are contrary to the provisions of laws and regulations in the mining sector and have the potential to cause environmental damage, state economic losses, and disruptions to sustainable natural resource management. This study aims to analyze law enforcement of unlicensed gold mining activities in Gorontalo Regency and analyze the factors that hinder law enforcement of these activities. The type of research used is normative legal research with a legislative approach, a conceptual approach, and a case approach. Legal materials consist of primary legal materials, secondary legal materials, and tertiary legal materials obtained through literature studies, then analyzed qualitatively by prescriptive methods. The results of the study show that law enforcement against unlicensed gold mining activities has been expressly regulated in Law Number 2 of 2025 concerning the Fourth Amendment to Law Number 4 of 2009 concerning Mineral and Coal Mining through the application of criminal sanctions against everyone who carries out mining activities without a permit. However, the effectiveness of law enforcement still faces various obstacles, including low public legal awareness, limited law enforcement facilities and infrastructure, and economic factors that encourage people to carry out mining activities without permits. Therefore, it is necessary to strengthen supervision, increase public legal awareness, and synergy between the government and law enforcement officials so that law enforcement can be carried out effectively and sustainably.

Page 43 of 46 | Total Record : 458

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