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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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INDONESIA
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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Cybercrime Law Enforcement Reform: A Comparative Study of the Legal Systems of Indonesia, the United States, and Singapore Muhammad Fu'ad Hasan; Andy Setiawan; ⁠Samsuhari ⁠Samsuhari; Isnawati Choiriyah; Moch. Eko Setiyo Budi Utomo; Dewi Putriani Yogosara Lodewijk
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/a376mv31

Abstract

The development of information and communication technology has increased the complexity of transnational cybercrime, posing new challenges for the criminal justice system in ensuring effective law enforcement. Although Indonesia has regulated various forms of cybercrime through the Electronic Information and Transactions Law and its amendments, the effective implementation of these regulations still faces various obstacles, particularly related to legal harmonization, enforcement capacity, and international cooperation. This study aims to analyze the characteristics of the cybercriminal legal systems in Indonesia, the United States, and Singapore, identify similarities and differences, evaluate the effectiveness of their implementation, and formulate a reform model relevant to Indonesia. The study uses a normative legal method with a comparative law approach, through an analysis of legislation, legal doctrine, court decisions, and national and international scientific literature. The results show that the United States implements a federal approach that emphasizes investigative capacity and inter-agency coordination through the Computer Fraud and Abuse Act, while Singapore prioritizes an integrated and responsive regulatory model through the Computer Misuse Act and a strong national cybersecurity strategy. Indonesia has a relatively comprehensive regulatory framework, but still faces challenges in enforcement, institutional coordination, and adaptation to evolving digital crime modes. The novelty of this research lies in the formulation of a cybercriminal law enforcement reform model based on regulatory integration, institutional capacity building, and increased international cooperation. These reforms are expected to improve the effectiveness of Indonesia's cybercriminal legal system in addressing the dynamics of global digital crime.
Legal Analysis of Legal Protection of Subcontractors in Building Construction Agreements in Indonesia Thomas Mulyanto Kurniawan; Rezi Rezi; M. 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/bqspg171

Abstract

Indonesia's construction industry is characterized by a massive bargaining asymmetry between main contractors and subcontractors. Law No. 2 of 2017 on Construction Services (UUJK 2017) contains no explicit prohibition on unilateral risk-shifting clauses, creating a vacuum of norm systematically exploited through pay-when-paid clauses — a normative gap that has not been addressed through dogmatic-prescriptive legal analysis in existing literature. This study aims to construct a juridical prescription: whether such clauses are void by operation of law and how synchronization between the Construction Services Law and the Civil Code should properly function. This study employs a prescriptive-analytical normative legal method through comparative doctrinal analysis, integrating the statute approach, conceptual approach, and case approach applied to the Construction Services Law, the Civil Code, and Supreme Court Decision No. 463 K/Pdt/2019. This study finds that the normative vacuum in the Construction Services Law dogmatically nullifies the lex specialis exclusivity, rendering the good-faith principle (Article 1338(3)) and the reasonableness principle (Article 1339 of the Civil Code) imperatively applicable as a synchronization catalyst — a dogmatic obligation, not merely an interpretive option. Furthermore, the pay-when-paid clause manifests misbruik van omstandigheden and contains an unlawful cause (onrechtmatige oorzaak) under Article 1320(4) jo. Article 1337 of the Civil Code, rendering it void by operation of law (nietig van rechtswege). Through the doctrine of partial nullity (partiële nietigheid), only the risk-shifting clause is void, while the main contractor remains absolutely obligated to pay the subcontractor in full. These findings shift the paradigm of subcontractor protection from legislative recommendation to a directly enforceable dogmatic verdict under existing civil law mechanisms.
The Construction of The Authority of The Audit Board of The Republic of Indonesia to Declare State Losses as A Strengthening of The Principle of Checks and Balances in The Indonesian Constitutional System Apryadin Apryadin; Firzhal Azrhi Jiwantara; Siti Hasanah; Nurjannah Septyanun
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/ygmc4z07

Abstract

The authority of the Audit Board of the Republic of Indonesia (BPK) to declare state financial losses remains a subject of debate in the enforcement of corruption crimes due to the development of judicial decisions and law enforcement policies that allow other institutions to calculate state financial losses. This situation has led to differing interpretations regarding the scope of BPK's authority as the state's external audit institution, which derives its attributed authority directly from the 1945 Constitution of the Republic of Indonesia. This study aims to analyze the constitutional basis of BPK's authority to declare state financial losses, examine the implications of legal developments on such authority, and formulate a reconstruction of BPK's authority as a means of strengthening the principle of checks and balances. This research employs normative legal research using statutory, conceptual, and case approaches. The analysis is conducted prescriptively based on legislation, Constitutional Court decisions, and the policies of the Supreme Court and the Attorney General's Office. The findings reveal that BPK's authority constitutes an attributed power derived from Article 23E of the 1945 Constitution of the Republic of Indonesia and is further regulated under Law Number 15 of 2004 and Law Number 15 of 2006. Legal developments through Constitutional Court decisions, the implementation of the Criminal Procedure Code (KUHAP), the Criminal Code (KUHP), Supreme Court Circular Letters, and the policies of the Attorney General's Office have influenced the mechanism for proving state financial losses but have not diminished BPK's constitutional authority. This study concludes that the authority to declare state financial losses remains vested in BPK, while the calculation of state financial losses by other institutions constitutes part of the evidentiary process in accordance with statutory provisions. This reconstruction strengthens legal certainty, preserves BPK's independence, and reinforces the implementation of the checks and balances principle within Indonesia's constitutional system.
Legal Review of Health Clinic Franchise Business Practices in Indonesia Fredy Ied Fitriadi; Aryono Aryono; M. 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: 10.58258/4eq4nf52

Abstract

This thesis, entitled "Legal Review of the Franchise Business Practice of Health Clinics in Indonesia," examines the legal issues arising from the rapid growth of health clinic franchises, particularly breaches of franchise agreements and the legal responsibilities of franchisors and franchisees in healthcare services. The study employs a normative juridical research method using a statutory approach. The primary legal materials include the Indonesian Civil Code, Law Number 17 of 2023 on Health, and Government Regulation Number 35 of 2024 on Franchising. Legal materials are analyzed through juridical interpretation to examine the applicable legal framework. The findings reveal that breaches of franchise agreements in health clinic businesses constitute multidimensional legal violations involving civil, administrative, and health law aspects. Consequently, dispute resolution should not rely solely on the Indonesian Civil Code but must also consider the provisions of Law Number 17 of 2023 on Health and Government Regulation Number 35 of 2024 on Franchising. This integrated approach enhances legal certainty while ensuring a fair balance of rights and obligations between franchisors and franchisees. The study further concludes that existing legislation has not comprehensively regulated the allocation of legal responsibility between franchisors and franchisees, particularly where patient harm results from both deficiencies in the franchise system and operational negligence by the clinic. This regulatory gap may create legal uncertainty in resolving disputes involving health clinic franchises.
Legal Certainty and Medical Ethics for Physicians in the Implementation of Chemical Castration Law Aldhitama Ramadhan; Hery Dwi Utomo; Rina Arum Prastyanti
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/ttxjx987

Abstract

Chemical castration as an additional punishment for perpetrators of sexual violence against children has been regulated under Law No. 17 of 2016, further elaborated in Government Regulation No. 70 of 2020. However, its implementation creates a normative conflict between positive law and medical ethics codes. This study aims to analyze the ethical and legal standing of physicians implementing chemical castration, as well as their corresponding ethical and legal responsibilities. Using normative legal research with statutory, conceptual, and case approaches, this study finds that ethically, physician involvement as castration executors contradicts the principles of non-maleficence, beneficence, autonomy, and justice as enshrined in the Indonesian Medical Code of Ethics (KODEKI) and the Hippocratic Oath. Legally, there is a conflict between the obligations mandated by Government Regulation No. 70 of 2020 and the physician's function as a healthcare professional under Law No. 29 of 2004 on Medical Practice. The MKEK IDI Fatwa No. 1 of 2016 affirms the medical profession's rejection of such an executor role. The author concludes that physicians should be positioned as medical evaluation and rehabilitation experts rather than castration executors, and that regulatory harmonization involving the IDI, academics, and legislators is necessary to resolve existing normative conflicts.
The Implementation of Restrictions on Testamentary Grant in the Ditribution of Inhaheritance Assets Muhammad Radja Dzakwansyah; Endang Heriyani
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/r97tj241

Abstract

The testamentary is a form of property transferred by one person to another, whisch takes effect after the testator’s death. In the practice of distributing inheritances, testamentary grants frequently give way to legal issues if the transfer exceeds the limits set by law and reduces the rights of the heirs. Therefore, there is necessary to pay attention to the limitations on testamentary gifts to ensure legal protection of the heirs’ rights and to ensure the fairness of the distribution of the inheritance. The purpose of this study is to examine how the limitations on testamentary gifts are implemented in the distribution of inherited assets. The results of this study showed that  restrictions on testamentary gifts in the distribution of an inheritance are enforced by reducing (inkorting) the value of the legacy, so that all heirs can receive  their statutory share (legitime portie).  
Analysis of the Conflict of Provisions Between Law No. 7 Of 2021 And Government Regulation No. 49 of 2022 Regarding the Imposition of Value-Added Tax in the Mining Sector Vinanda Langgeng Kencana; Rezi Rezi; Widi Nugrahaningsih
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/tgjk0d52

Abstract

This study analyzes the conflict of norms between Law Number 7 of 2021 on the Harmonization of Tax Regulations and Government Regulation Number 49 of 2022 concerning the imposition of Value Added Tax (VAT) in the mining sector, as well as its legal implications for legal certainty and the implementation of tax obligations by integrated mining companies in Indonesia. It employs normative legal research using statutory, conceptual, and case approaches. Primary, secondary, and tertiary legal materials are analyzed qualitatively through descriptive-analytical, grammatical, and systematic interpretation. The findings demonstrate a vertical conflict of norms regarding the VAT treatment of nickel ore supplies. Law Number 7 of 2021 places nickel ore supplies within taxable transactions subject to VAT, whereas Government Regulation Number 49 of 2022 grants a VAT exemption for certain strategic taxable goods, including nickel ore. The different legal constructions create regulatory disharmony that may conflict with the principles of lex superior derogat legi inferiori, legality, and legal certainty. The conflict generates uncertainty concerning VAT treatment, input VAT crediting, tax administration, and the risk of fiscal corrections and tax disputes. Harmonization is therefore required to ensure legal certainty and the effective implementation of the VAT system in the mining sector.
Model PIKAT: A Normative Remuneration Framework for Nurses Performing Delegated Medical Procedures in Private Hospitals Abram Sahing
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/dz3q7a08

Abstract

The delegation of medical procedures from physicians to nurses is a common practice in hospital healthcare services. However, Indonesian health regulations do not explicitly govern nurses' entitlement to remuneration for delegated medical procedures, creating a legal vacuum and potential legal uncertainty. This study aims to examine the legal framework governing nurses' remuneration rights in delegated medical procedures in private hospitals and to develop a normative remuneration calculation model. This research employs a normative legal approach using statutory, conceptual, comparative, and case analyses. Primary, secondary, and tertiary legal materials were analyzed qualitatively based on Gustav Radbruch's theory of legal certainty, justice, and expediency. The findings reveal that existing health legislation does not provide a standardized legal mechanism for determining remuneration for nurses performing delegated medical procedures, leaving remuneration systems largely dependent on internal hospital policies. As its primary contribution, this study proposes the PIKAT Model (Competency-Based Remuneration Calculation for Medical Procedures), which incorporates weighted parameters including legal authority, professional competence, procedural complexity, clinical risk, professional responsibility, service contribution, quality of care, performance, institutional factors, and professional ethics. The model provides a normative framework that promotes legal certainty, distributive justice, and practical utility, while offering a policy reference for remuneration systems in private hospitals and future healthcare regulatory reforms.
Legal Analysis of Tax Court Disputes Regarding the Determination of Loan Agreements as Value Added Tax Objects Riyan Ardiansyah; Widi Nugrahaningsih; M. 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/wmewdn53

Abstract

This study aims to analyze tax court disputes related to the determination of loan agreements as subject to Value Added Tax (VAT). The research uses a normative juridical method with a legislative approach through the analysis of primary, secondary, and tertiary legal materials. The results show that disputes arise due to differences in interpretation regarding the legal qualifications of transactions, the application of the substance over form principle, and the principle of legality. Resolution is carried out through objections, appeals, and judicial reviews. The study highlights the importance of legal certainty in distinguishing loan transactions from service delivery to provide legal protection for taxpayers and tax authorities. Keywords: VAT, tax disputes, loan agreements.
The Role of the OJK as a Regulator and Facilitator of Consumer Protection in the Fintech Sector Through ADR Tarissa Dwi Indrawati; Rina Arum Prastyanti; Muhamad 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: 10.58258/3cr0fk87

Abstract

his study aims to analyze the role of the Financial Services Authority (OJK) in Solo as a regulator and facilitator in providing fintech consumer protection through alternative dispute resolution, as well as to identify the obstacles encountered in its implementation. The study employs an empirical legal method with a descriptive qualitative approach. Primary data were obtained through interviews with the OJK in Solo, while secondary data were sourced from laws and regulations, academic literature, and official OJK reports. The results indicate that the OJK plays a role in regulating, supervising, and facilitating dispute resolution through the Consumer Protection Portal Application (APPK), as well as referring cases to the Financial Services Dispute Resolution Center (LAPS SJK) when internal resolution is not achieved. In addition, the OJK also conducts financial education as a form of preventive protection. Major challenges include low levels of financial and digital literacy, the complexity of proving financial well-being, limitations in the restoration of consumer rights, and difficulties in coordinating oversight. Therefore, improving public literacy, ensuring compliance by fintech providers, and fostering institutional synergy are necessary to achieve more effective consumer protection and provide legal certainty.  

Page 44 of 46 | Total Record : 458

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