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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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The Effectiveness of Law Enforcement against the Circulation of Illegal Cosmetics and Traditional Medicines in Surakarta City Septiana Dwi Kharismawati; Aris Prio Agus Santoso; 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: 10.58258/5fhj2869

Abstract

The circulation of unregistered cosmetics and traditional medicines (jamu) containing hazardous substances has continued to rise in Surakarta City and the wider Soloraya region over the past three years, despite a reasonably comprehensive legal framework, including Law Number 8 of 1999 on Consumer Protection, Law Number 17 of 2023 on Health, and various technical regulations issued by the National Agency of Drug and Food Control (BPOM). This article examines the effectiveness of law enforcement following cases of illegal cosmetics and traditional medicine circulation in Surakarta and identifies the obstacles hindering its optimal implementation. Using a normative juridical method with statutory, conceptual, and case approaches, this study analyzes primary, secondary, and tertiary legal materials through library research, employing Lawrence M. Friedman's legal system theory, Soerjono Soekanto's law enforcement theory, and Ahmadi Miru's consumer protection theory as the analytical framework. The findings show that although the normative framework covers preventive, repressive, and curative measures, its implementation is undermined by sentencing disparity, limited enforcement resources, and a weak legal culture among business actors and consumers, particularly in online transactions. These conditions weaken the deterrent effect of the law and make it difficult for consumers to obtain recovery for their rights.
Legal Analysis of the Sales Cooperation Agreement Between the Principal and Distributor from a Business Law Perspective(Study on the Cooperation Agreement between PT KI and PT DPS) Nunuk Jati Saputri; Widi Nugraningsih; 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: 10.58258/80bwq689

Abstract

A sales cooperation agreement between a principal and a distributor is the backbone of goods distribution in modern business practice, yet it is not specifically regulated as a nominate contract in the Indonesian Civil Code, raising questions concerning the certainty of its regulation and the legal protection of the parties in the event of imbalanced clauses, breach of contract, or unilateral termination. This study aims to examine the legal regulation of sales cooperation agreements between principals and distributors from a business law perspective and its conformity with the principles of contract law in Indonesia, and to describe the forms of legal protection and dispute settlement available to the parties. This research is a normative legal study of a descriptive-analytical nature, employing statutory and conceptual approaches, using secondary data consisting of primary, secondary, and tertiary legal materials collected through library research and analyzed qualitatively using deductive reasoning. The results show, first, that the sales cooperation agreement constitutes an innominate contract which is valid under the open system of Book III of the Civil Code and receives sectoral regulation through Law Number 7 of 2014, Government Regulation Number 29 of 2021, and Minister of Trade Regulation Number 24 of 2021, and that it normatively conforms with the principles of contract law, although such conformity is formal in nature owing to the unequal bargaining positions of the parties. Second, legal protection is available preventively through the requirements of written agreements, registration of the distribution engagement, and balanced contract drafting, and repressively through actions for breach of contract, tort claims against unilateral termination in accordance with the settled jurisprudence of the Supreme Court, and the annulment of unlawful clauses, while disputes may be settled through litigation or through alternative dispute resolution and arbitration under Law Number 30 of 1999.
Juridical Analysis of Nickel Mining Royalty Imposition on Integrated Ferronickel-Producing Mining Companies Violla Evarista; Widi Nugrahaningsih; Rezi Rezi
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: 10.58258/0tfbpk78

Abstract

This study aims to analyze the legal construction of nickel mining royalty obligations on integrated mining companies producing ferronickel and to assess the legal certainty of its imposition from the perspectives of the principle of legality, state control over natural resources, and the downstreaming policy. This normative legal research employs a statutory approach. The findings reveal that the legal construction of royalty imposition originates from the legal relationship between the state, as the holder of rights over natural resources, and business entities holding mineral exploitation rights (IUP/IUPK). The obligation to pay royalties serves as compensation for utilizing state resources attached to the permit holder's status, rather than merely from producing ferronickel. The construction of processing facilities (smelters) and ferronickel production represent the fulfillment of downstreaming obligations mandated by Article 103 of Law No. 3 of 2020. Regarding legal certainty, the normative basis for royalty imposition is established under Law No. 3 of 2020, Government Regulation No. 96 of 2021, and Government Regulation No. 26 of 2022. However, explicit provisions detailing the royalty mechanism for ferronickel as an intermediate product in integrated companies are lacking, leading to potential misinterpretations. Therefore, harmonization of legal norms is essential to ensure that the royalty mechanism reflects legal certainty, justice, and proportionality, thereby supporting downstreaming policies while optimizing state revenues.  
Harmonization of Legal Protection Regulations and Rights of Anesthesia Services Providers in the Delegation of Authority for Anesthesiology Services Fasub Hanal; 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/wnwt5t25

Abstract

Anesthesiology services are high-risk and require certainty regarding the authority, supervision, accountability, legal protection, and rights of anesthesiologists. This study analyzes the legal construction of the position of anesthesiologists, forms of disharmony in the delegation of authority, and the direction of regulatory harmonization that guarantee professional protection and proportional service compensation. The study uses normative legal methods with statutory, conceptual, and analytical approaches. Primary legal materials include health regulations and professional standards, while secondary legal materials include books, scientific articles, and previous research results; all of which are analyzed qualitatively through grammatical, systematic, and conceptual interpretation. The results indicate that Law Number 17 of 2023, Government Regulation Number 28 of 2024, Minister of Health Regulation Number 13 of 2025, and the Professional Standards for Anesthesiologists have provided the basis for professional recognition. However, the revocation of Minister of Health Regulation No. 18 of 2016 by Minister of Health Regulation No. 13 of 2025 has not been followed by equally detailed technical regulations regarding actions that can be delegated, levels of supervision, documentation, distribution of responsibilities, and service entitlement formulas. Harmonization needs to be realized through national guidelines that integrate the authority matrix, written delegation, credentials and supervision, division of responsibilities based on competence and errors, and service provision based on workload, risk, competence, and professional contribution.
Legal Analysis of the Implementation of Government Procurement of Goods/Services Through E-Purchasing at the Gorontalo Regional Police Mohammad Sabri R Bau; Darmawati Darmawati; Marwan Djafar
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/qdp2nq42

Abstract

Government procurement of goods/services is one of the strategic instruments in the implementation of effective, efficient, transparent, and accountable government. One of the procurement methods developed to realize these principles is e-purchasing through electronic catalogs as stipulated in Presidential Regulation Number 16 of 2018 concerning the Procurement of Government Goods/Services and its amendments. This study aims to analyze the implementation of government procurement of goods/services through e-purchasing at the Gorontalo Regional Police and identify the legal obstacles faced in its implementation. The research method used is empirical legal research with a legislative approach and a sociological approach, which is carried out through document studies and interviews with related parties within the Gorontalo Police. The results of the study show that the implementation of e-purchasing at the Gorontalo Regional Police is in principle in accordance with the provisions of laws and regulations and is able to increase the efficiency of the procurement process. However, in practice, several obstacles are still found, including limited provider choices in electronic catalogs, technical system constraints, and apparatus understanding of procurement legal aspects that are not optimal.
Analysis of Law Enforcement Against Violations of Fishing Permits (SIPI), Fishing Vessel Permits (SIKPI), and Fisheries Business Permits (SIUP) Reviewed from Law Number 45 of 2009 Adi Suseno; Appe Hutauruk; Fendi Maruba Parlindungan Hutahaean; Sunarno Sunarno
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/ytw4sn54

Abstract

The licensing provisions in fisheries business activities, namely the Fisheries Business License (SIUP), Fishing License (SIPI), and Fish Transport Vessel License (SIKPI), are state control instruments for the orderly and sustainable utilization of fish resources. Violations of the obligation to own these permits are not merely administrative in nature, but are categorized as criminal acts in the fisheries sector as regulated in Law Number 31 of 2004 concerning Fisheries as amended by Law Number 45 of 2009. This article aims to analyze the regulation of SIPI, SIKPI, and SIUP according to Law Number 45 of 2009 and their legal enforcement, by taking a case study of Decision Number 72/Pid.Sus-Prk/2024/PN.Rkb. This research uses a normative legal research method with a legislative approach, a case approach, and a conceptual approach. The research results show that the regulation of SIUP, SIPI, and SIKPI has a clear legal basis but has undergone adjustments to norms after the implementation of the risk-based licensing policy through the Online Single Submission system, without eliminating the criminal nature of violations for large-scale business actors. Law enforcement in the field is still hampered by overlapping authority between institutions, limited supervisory facilities, difficulties in proving on the high seas, and disparities between sanctions and economic benefits for perpetrators, resulting in less than optimal deterrence. Strengthening of technology-based supervisory systems, institutional synergy, and a proportional legal approach between the ultimum remedium function for small-scale fishermen and firm action against large business actors and foreign vessels are needed
Normative Luridical Analysis of Law Enforcement Against Perpetrators of The Criminal Acts of Fragment of Marriage Origins of Identity Agung Prasetyo; Appe Hutauruk; Fendi Maruba Parlindungan Hutahaean; Sunarno Sunarno
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/tdchqs93

Abstract

The criminal offense of falsifying marital history is a crime that rarely comes to light but has the potential to cause harm to others, especially when a person’s prior marital status is concealed from a prospective partner. This normative legal study analyzes the concept and legal framework of this criminal offense under Indonesian positive law, as well as its enforcement in practice, using legislative, case law, and conceptual approaches, with primary legal sources consisting of legislation and the Cibinong District Court Decision No. 260/Pid.B/2025/PN Cbi, which were analyzed using a qualitative-deductive method. The results of the study show that the concept of falsifying the origin of a marriage is not regulated as a standalone offense, but is scattered throughout Articles 277 –280 of the former Criminal Code, with the core of the offense consisting of the concealment of a legal impediment to marriage (wettelijk beletsel) accompanied by the element of the perpetrator’s knowledge (wetenschap), which intersects with the Marriage Law, the Population Administration Law, and their updates in Articles 401–404 of the National Criminal Code. Law enforcement faces structural challenges, the nature of complaint-based offenses, the difficulty of proving intent, the lack of integration between population and marriage data, and a legal culture that tends to resolve these issues through informal, family-based means.
Comparative Analysis of Mutual Agreement Procedure (MAP) Regulations in Indonesia, Singapore, Japan, and Australia within the OECD BEPS Action 14 Framework Eko Fauzi; Appe Hutauruk; Hotman Sinambela; Fendi Maruba Parlindungan Hutahaean
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/xad1sc39

Abstract

The increasing number of international tax disputes resulting from double taxation and Base Erosion and Profit Shifting (BEPS) has strengthened the importance of effective dispute resolution mechanisms. In response, the Organisation for Economic Co-operation and Development (OECD) introduced BEPS Action 14 to establish minimum standards for improving the effectiveness of the Mutual Agreement Procedure (MAP). This study aims to analyze the conformity of Indonesia's MAP regulations with the OECD BEPS Action 14 Minimum Standard and to compare Indonesia's regulatory framework with those of Singapore, Japan, and Australia. The research employs a normative juridical approach supported by statutory, comparative, historical, and conceptual analyses. Data were collected through library research, including legislation, tax treaties, OECD reports, MAP Peer Review Reports, and relevant academic literature. The findings indicate that Indonesia has substantially incorporated the OECD minimum standards through Minister of Finance Regulation No. 172/PMK.03/2023. However, challenges remain regarding procedural transparency, taxpayer accessibility, institutional capacity, and the timeliness of dispute resolution, with several cases exceeding the OECD's recommended 24-month resolution period. Compared with Singapore, Japan, and Australia, Indonesia demonstrates relatively lower performance in implementing an effective MAP framework. These shortcomings affect tax certainty, taxpayer protection, and Indonesia's compliance with international commitments under tax treaties. The study recommends strengthening the national regulatory framework, improving transparency and administrative procedures, enhancing the capacity of the Competent Authority, and adopting international best practices to increase the effectiveness of MAP implementation and reinforce legal certainty in international taxation.
The Effectiveness of Rehabilitation for Narcotics Users: A Legal Analysis of Law Number 35 of 2009 on Narcotics Hesty C Simatupang; Muh. Amin Saleh; Muhenri Sihotang; Appe Hutauruk
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/ffvx6g31

Abstract

The implementation of rehabilitation for narcotics users in Indonesia continues to demonstrate a gap between the legal framework and law enforcement practices. Although Law Number 35 of 2009 on Narcotics mandates medical and social rehabilitation for narcotics addicts and victims of narcotics abuse, its implementation remains inconsistent due to disparities in legal interpretation, limited access to integrated assessments, unequal rehabilitation facilities, and inadequate post-rehabilitation services. This study aims to analyze the legal regulation governing rehabilitation for narcotics users and to evaluate the effectiveness of its implementation within the Indonesian criminal justice system. The research employs a juridical-empirical approach using statutory, conceptual, and empirical methods. Secondary data were obtained from legislation, court decisions, books, scholarly journals, and official reports issued by the National Narcotics Board (BNN), while primary data were collected through interviews and documentation conducted at the research site. The data were analyzed descriptively using qualitative methods based on the theory of legal effectiveness and the legal system theory. The findings indicate that the existing legal framework provides an adequate basis for rehabilitation; however, its implementation has not yet achieved optimal effectiveness due to structural, instrumental, and cultural barriers among law enforcement institutions. Differences in the interpretation of legal provisions, inconsistent application of integrated assessment recommendations, and unequal availability of rehabilitation services have contributed to legal uncertainty and inconsistent judicial outcomes. Strengthening the legal status of integrated assessment results, establishing consistent prosecution and sentencing guidelines, expanding rehabilitation facilities, improving inter-agency coordination, and implementing evidence-based evaluation of rehabilitation outcomes are necessary to enhance the effectiveness of rehabilitation policies for narcotics users in Indonesia.
Criminal Liability for the Misuse of Personal Data by Corporations: A Criminal Law and Corporate Liability Perspective Lebrina Wonlele; Appe Hutauruk; Hotman Sinambela; Sunarno Sunarno
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/dvgve850

Abstract

The rapid expansion of digital technologies has significantly increased the risk of personal data misuse by corporations, creating complex legal challenges in determining corporate criminal liability. Although Indonesia enacted Law Number 27 of 2022 on Personal Data Protection, the practical application of criminal liability against corporations remains problematic due to the limitations of traditional criminal law doctrines in attributing actus reus and mens rea to corporate entities. This study aims to analyze the formulation of corporate criminal liability for the misuse of personal data and to examine future criminal law policies that can strengthen legal enforcement against corporate offenders. This research employs a normative legal method using statutory, conceptual, and comparative approaches. Primary legal materials consist of Indonesian legislation concerning personal data protection and corporate criminal liability, while secondary materials are derived from recent national and international scholarly journals. The findings demonstrate that conventional doctrines, particularly the Identification Theory, are insufficient to address decentralized digital corporations operating through automated decision-making systems. Instead, the Corporate Culture Model provides a more appropriate framework by evaluating organizational policies, governance structures, and institutional compliance in determining corporate fault. Furthermore, the study recommends integrating strict liability with a due diligence defense, strengthening digital forensic standards, recognizing AI-generated evidence, and adopting proportional turnover-based financial sanctions as effective mechanisms to enhance deterrence. These reforms are expected to establish a more adaptive and effective corporate criminal liability system capable of protecting personal data rights while ensuring legal certainty and accountability within Indonesia’s digital economy.

Page 45 of 46 | Total Record : 458

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