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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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Judicial Reasoning in Sentencing Class I Narcotics Crimes under Indonesian Criminal Law: A Case Study of Decision Number 17/Pid.Sus/2025/PN Jkt.Pst Imam Syafii; 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/vqgjv440

Abstract

Narcotics crimes remain one of the most significant challenges to criminal law enforcement in Indonesia, particularly concerning Class I narcotics, which carry a high potential for abuse and severe social consequences. Differences in judicial reasoning when imposing criminal sanctions may result in sentencing disparities and raise concerns regarding legal certainty, justice, and consistency in judicial decision-making. This study aims to analyze the legal reasoning employed by judges in imposing criminal sanctions on Class I narcotics offenders and to examine whether the judicial considerations reflected in Decision Number 17/Pid.Sus/2025/PN Jkt.Pst are consistent with the provisions of Law Number 35 of 2009 concerning Narcotics, the Indonesian Criminal Procedure Code, and the fundamental principles of Indonesian criminal law. This research adopts a normative juridical approach using statutory, conceptual, and case approaches. Legal materials were collected through library research, including legislation, court decisions, legal doctrines, and scholarly literature, and analyzed qualitatively. The findings indicate that the judges’ reasoning was primarily based on legally admissible evidence, witness testimony, the defendant’s statement, material evidence, and relevant statutory provisions governing narcotics offenses. Furthermore, the court considered both aggravating and mitigating circumstances, reflecting juridical, philosophical, and sociological dimensions of criminal sentencing. The decision generally fulfills the principles of legal certainty, justice, and legal utility. Nevertheless, greater consistency in judicial reasoning is required to minimize sentencing disparities and strengthen the effectiveness of narcotics law enforcement in Indonesia. The study contributes to the development of Indonesian criminal law scholarship by providing a critical evaluation of judicial reasoning in narcotics cases and offering recommendations for more consistent sentencing practices.
Responsibility of Construction Consulting Service Providers for Third Party Losses Gabriel Libertus Turnip; Pahala Sinambela; 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/qeyyc054

Abstract

In practice, third-party victims often encounter legal obstacles and difficulty in claiming compensation because consultants hide behind the principle of contractual personality and the lack of explicit regulations detailing external protections in the Construction Services Law, so that the process of recovering victims’ rights is suboptimal. Das Sollen: Construction consultancy service providers should bear clear and firm legal responsibility to third parties if proven to have committed professional errors or negligence that violates safety standards, codes of ethics, and the principle of prudence, as mandated by Article 1365 of the Civil Code concerning Unlawful Acts. Legal protection for third parties is a form of public justice that cannot be ignored by the barriers of internal contractual relationships in the project. This research uses normative legal research, which is examined through a statutory approach, a conceptual approach, and a case study approach using primary, secondary, and tertiary legal materials analyzed qualitatively using a descriptive-analytical method. Indonesian positive law through Law Number 2 of 2017 concerning Construction Services clearly regulates the liability of service providers for building failures due to planning or supervision, where third parties have a legal basis to claim compensation under Article 1365 of the Civil Code even though they are not bound by a direct contract, with professional standards, codes of ethics, and duty of care as the primary references for determining professional error. The form of legal responsibility of construction consultancy service providers can arise through default or unlawful acts, where the consultant can be held responsible for paying material and immaterial compensation if it is proven that the losses to third parties are a direct result of professional errors such as negligence in technical analysis, errors in working drawings, or supervision that does not meet standards.
Analysis of the Role of the Village Consultative Body (BPD) in Drafting Village Regulations in Posigadan District, South Bolaang Mongondow Regency Noval Nusa; 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/rzj3cg37

Abstract

This study aims to analyze the role of BPD in drafting village regulations in the Posigadan District, South Bolaang Mongondow Regency, as well as examine the factors that hinder the role of BPD in the process of drafting village regulations from the stages of planning, drafting, discussing, and determining. The research method used is normative empirical legal research using the nature of a qualitative approach. The data sources obtained are based on primary and secondary data sources. The results of the study show that in the stages of planning, drafting, discussing, and determining there are obstacles, namely the lack of initiative of BPD members in forming a village regulation, so that the initiative comes from the village government. Other factors that hinder include human resource factors, infrastructure, and budget factors. This research suggests that BPD members need to increase the capacity of their members through education, training and technical guidance on a regular basis. And for the government to participate through budget allocation in the form of operational budgets, budgets for creating decent workplaces and, honorium or adequate incentives.
Implementation of Bank Sanctions and Repressive Legal Remedies in Resolving Non-Performing Loans Resulting from the Misuse of People’s Business Credit (KUR) by Debtors in Indonesia Ayahandono Kussetyadi; 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/b4s6hf54

Abstract

People’s Business Credit (Kredit Usaha Rakyat/KUR) is a government financing program designed to improve access to capital for productive Micro, Small, and Medium Enterprises (MSMEs) in Indonesia. Despite its significant contribution to economic development, the implementation of KUR has encountered various legal challenges, particularly the misuse of loan funds by debtors for purposes inconsistent with the agreed credit objectives. Such deviations frequently result in non-performing loans, causing financial losses to banks and reducing the effectiveness of the KUR program. This study aims to examine the implementation of legal sanctions and the repressive legal remedies available to banks in resolving non-performing loans arising from the misuse of KUR by debtors in Indonesia. The research employs a normative legal method using statutory, conceptual, and case approaches. Primary, secondary, and tertiary legal materials were analyzed through a qualitative descriptive approach. The findings indicate that banks primarily impose civil sanctions based on credit agreements, including written warnings, debt collection, credit restructuring where legally justified, acceleration of loan repayment, and collateral execution in accordance with applicable laws and regulations. Furthermore, where evidence of fraud, document forgery, intentional misrepresentation, or other criminal acts is identified, banks may pursue criminal proceedings under the relevant provisions of Indonesian law. The study concludes that effective enforcement of contractual obligations, supported by comprehensive legal protection and prudent banking principles, is essential to safeguarding the sustainability of the KUR program and maintaining the stability of Indonesia’s banking sector
The Legality of Taxpayer Account Freezing by the Directorate General of Taxes: A Case Study of Indonesian Tax Court Decision No. PUT-010548.99/2023/PP/M.VB Edy Susanto; Appe Hutauruk; Hotman Sinambela; 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: 10.58258/3xy77j33

Abstract

The authority of the Directorate General of Taxes (DGT) to freeze bank accounts constitutes an important enforcement mechanism in tax collection. However, its implementation raises significant legal concerns when imposed on parties whose status as tax guarantors is not clearly established. This study examines the legal validity of freezing the bank account of PT Luxe Utama Indonesia in relation to the tax liabilities of PT Andaman Delmar, as decided in Indonesian Tax Court Decision No. PUT-010548.99/2023/PP/M.VB of 2024. The research aims to analyze whether the account freezing complied with Indonesian tax collection law and to evaluate the application of the principles of legal certainty and justice in determining the legal responsibility of a minority shareholder. This research employs a normative juridical method using statutory, conceptual, and case approaches. Legal materials consist of primary legal sources, including legislation and court decisions, supported by secondary legal materials such as legal doctrines, scholarly articles, and textbooks. The collected materials were analyzed qualitatively through deductive legal reasoning. The findings demonstrate that the account freezing lacked a sufficient legal basis because PT Luxe Utama Indonesia was merely a 10% minority shareholder and was neither a director nor a controlling shareholder of the bankrupt company. Furthermore, the company was not proven to qualify as a tax guarantor under the applicable legal framework. The Tax Court correctly annulled the freezing order and reaffirmed the principle of limited liability, emphasizing that tax collection measures must respect corporate legal personality, bankruptcy procedures, and the protection of private property rights. The study concludes that tax enforcement authorities must exercise their powers within the limits prescribed by law to ensure legal certainty, proportionality, and justice while safeguarding the rights of parties who are not legally responsible for corporate tax debts
The Effectiveness of Rehabilitation for Narcotics Users: A Legal Analysis of Law Number 35 of 2009 on Narcotics Fauzi Jamal; Appe Hutauruk; Hotman Sinambela; 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: 10.58258/4p6brc02

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
Legal Analysis of Name Change as a Form of Personal Identity Protection: A Case Study of District Court Decision Number 196/Pdt.P/2024/PN Jbg Fredy Penmaley; 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/kgfcb741

Abstract

  Name change constitutes an important legal mechanism within Indonesia's population administration system to ensure the consistency and legal validity of personal identity recorded in official documents. However, inconsistencies in identity data caused by differences in name spelling, historical recording errors, and undocumented name changes continue to create legal uncertainty and administrative obstacles, as reflected in District Court Decision Number 196/Pdt.P/2024/PN Jbg. This study aims to analyze the judge's legal considerations in granting the application for a name change and to examine the role of name change as a form of legal protection for personal identity. This research employs a normative legal research method using statutory, conceptual, and case approaches, supported by primary and secondary legal materials analyzed through qualitative methods. The findings indicate that the court granted the application after the applicant successfully proved inconsistencies in identity data across several official documents and demonstrated that the requested name change did not violate statutory provisions or public interests. The court's decision was based on documentary evidence, witness testimony, and the applicable population administration laws. Furthermore, the decision confirms that a court-approved name change provides legal certainty, harmonizes population administration records, strengthens legal recognition of an individual's identity, and facilitates access to public administrative services. Therefore, a judicial determination of a name change functions not only as an administrative correction but also as an effective legal instrument for protecting personal identity and ensuring legal certainty within Indonesia's population administration system.
Agrarian Dispute Between the Ancol Urban Village Community and PTPelindo Kastono Kastono; Muh. Amin Saleh; Muhenri Sihotang; Sendi Sanjaya
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: 10.58258/9wrcem21

Abstract

Agrarian disputes remain one of the most complex legal issues in Indonesia due to overlapping land rights, weaknesses in land administration, and conflicting claims between local communities and state-owned enterprises. This study aims to examine the legal validity of the Land Management Right (Hak Pengelolaan Lahan/HPL) granted to PT Pelindo over land that has been physically occupied by the residents of RW 08, Ancol Urban Village, North Jakarta, as well as to analyze legal protection mechanisms and equitable dispute resolution models. This research employs a normative juridical method using statutory, conceptual, and case approaches. The legal materials consist of secondary legal sources, including legislation, court decisions, legal doctrines, and recent scholarly publications related to agrarian disputes, land administration, legal certainty, mediation, and agrarian reform. The findings indicate that the dispute reflects a conflict between formal legal certainty, as represented by land title certificates, and the substantive rights arising from the community’s long-standing physical occupation of the land. Weak administrative procedures, overlapping land registration, and the inadequate recognition of community rights are the primary factors contributing to the persistence of the dispute. Furthermore, the existing dispute resolution mechanisms have not fully accommodated the principles of justice, legal certainty, and public benefit. Therefore, this study proposes an integrated dispute resolution model through judicial review, agrarian mediation, land administration reform, and the implementation of agrarian reform policies to ensure balanced legal protection for both the affected community and the state-owned enterprise. Strengthening transparency in land administration and enhancing inter-agency coordination are also essential measures to prevent similar agrarian disputes in the future.

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