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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 467 Documents
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Restorative Justice-Based Rehabilitation for Narcotics Offenders in Indonesia: A Juridical Analysis of the Attorney General’s Guideline Number 18 of 2021 Najwa Aulia Ramadhani; 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/ng9qyh70

Abstract

The increasing number of narcotics abuse cases in Indonesia has encouraged the government to adopt a restorative justice approach that prioritizes rehabilitation over imprisonment for eligible narcotics offenders. The Attorney General’s Guideline Number 18 of 2021 serves as the primary legal framework governing the implementation of rehabilitation through legal proceedings for narcotics users, addicts, and victims of narcotics abuse. This study aims to examine the juridical basis, legal relevance, and practical implementation of rehabilitation under the Guideline, as well as to identify the legal challenges encountered in its application. This research employs a normative juridical method using statutory and conceptual approaches. The study analyzes primary legal materials, including Law Number 35 of 2009 concerning Narcotics and the Attorney General’s Guideline Number 18 of 2021, supported by secondary legal materials from recent scholarly publications related to restorative justice, rehabilitation, and narcotics law. The findings indicate that rehabilitation through legal proceedings is legally consistent with the principles of restorative justice and the ultimum remedium doctrine, particularly for narcotics users requiring medical and social recovery rather than punitive sanctions. Nevertheless, the implementation of the Guideline continues to face several challenges, including the absence of clear legal benchmarks distinguishing narcotics addicts, abusers, and victims, inconsistent interpretations among law enforcement agencies, dependence on the Integrated Assessment Team’s recommendations, limited rehabilitation facilities, and inadequate post-rehabilitation monitoring. These issues may reduce legal certainty and create disparities in law enforcement practices. Therefore, strengthening legal standards, improving institutional coordination, and developing more objective assessment criteria are essential to enhance the effectiveness and consistency of restorative justice-based rehabilitation within Indonesia’s criminal justice system
Legal Protection for Land Rights Holders in Determining Fair Compensation under Article 9 of Law Number 2 of 2012: A Case Study of Land Acquisition for the Jakarta–Bandung High-Speed Rail Project Purwanto Budi Santoso; 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/xjcgdg06

Abstract

This study examines the implementation of the principle of justice in determining fair compensation under Article 9 of Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest. It focuses on the Jakarta–Bandung High-Speed Rail Project as a National Strategic Project (PSN) and analyzes the legal protection available to land rights holders who object to the compensation determined by the government. A comparative analysis with the Pantai Indah Kapuk 2 (PIK 2) National Strategic Project is conducted to provide a broader perspective on the application of justice in large-scale land acquisition. This research employs a normative legal research method using statutory, case, conceptual, and comparative approaches. Primary legal materials include the 1945 Constitution, the Basic Agrarian Law (Law No. 5 of 1960), Law No. 2 of 2012, implementing regulations, relevant court decisions, and official documents related to both projects. The data were analyzed qualitatively using the theories of legal protection, distributive justice, legal certainty, and the social function of property rights. The findings reveal that the implementation of Article 9 of Law No. 2 of 2012 has not fully achieved substantive justice. The deliberation process primarily fulfilled procedural requirements while providing limited opportunities for meaningful negotiation. Although compensation disputes in the Jakarta–Bandung High-Speed Rail Project were ultimately resolved through legal mechanisms, the process exposed weaknesses in transparency, appraisal independence, and access to effective legal remedies. By contrast, the PIK 2 project involved allegations of coercion, compensation below market value, environmental impacts, and restrictions on local livelihoods, leading to the revocation of its PSN status. The study recommends strengthening counter-appraisal mechanisms, improving valuation transparency, reformulating deliberation procedures, and enhancing legal assistance to ensure fair compensation and effective legal protection
Restrictions on Government Officials and Government Agencies in Filing Judicial Review Petitions Following Constitutional Court Decision Number 24/PUU-XXII/2024 R. Chresno Wahyu Widodo; Muh. Amin Saleh; Mas Agus Priyambodo; 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: 10.58258/5hp30m76

Abstract

This study examines the legal implications of restricting government officials and government agencies from filing petitions for reconsideration (Peninjauan Kembali/PK) in State Administrative Court disputes following Constitutional Court Decision Number 24/PUU-XXII/2024. Prior to this decision, government officials acting as defendants in administrative disputes were entitled to seek reconsideration against final and binding court judgments. However, this legal remedy was frequently criticized for delaying the execution of judicial decisions and weakening legal protection for citizens. This research employs a normative juridical method using statutory, conceptual, and case approaches. The study analyzes relevant legislation, Constitutional Court decisions, legal doctrines, and scholarly literature to evaluate the legal rationale and implications of the new restriction. The findings indicate that the Constitutional Court’s decision strengthens the principles of legal certainty, judicial finality, and effective legal protection by preventing the misuse of petitions for reconsideration as a mechanism to postpone the enforcement of final judgments. Nevertheless, the restriction also raises constitutional concerns regarding equality before the law and the government’s right to legal remedies. From the perspectives of John Rawls’ theory of justice, Satjipto Rahardjo’s progressive legal theory, and Philipus M. Hadjon’s theory of legal protection, the restriction constitutes a proportional legal policy that balances the interests of the state and citizens while reinforcing the State Administrative Court’s role in safeguarding constitutional rights. The study concludes that Constitutional Court Decision Number 24/PUU-XXII/2024 represents an important development in Indonesian administrative procedural law by enhancing legal certainty and promoting more effective judicial protection for the public
Judicial Considerations in Commuting the Death Penalty to Imprisonment for Narcotics Offenders: An Analysis of Supreme Court Decision No. 739 K/Pid.Sus/2023 Rifai Lumbantoruan; 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/bnrnq128

Abstract

Indonesia classifies narcotics trafficking as an extraordinary crime due to its significant impact on public health, social stability, national security, and economic development. Although Law Number 35 of 2009 on Narcotics authorizes the imposition of the death penalty for large-scale narcotics offenses, recent judicial practice demonstrates a shift toward imprisonment in certain cases. This study aims to analyze the legal considerations underlying the commutation of the death penalty to imprisonment in Supreme Court Decision No. 739 K/Pid.Sus/2023 and to evaluate its implications for legal certainty within Indonesia's criminal justice system. The research employs a normative juridical method using statutory, case, and conceptual approaches. Primary legal materials consist of statutory regulations and judicial decisions, while secondary legal materials include legal doctrines, scholarly literature, and previous studies concerning criminal law, sentencing, and human rights. Data were analyzed qualitatively through descriptive-analytical techniques by examining judicial reasoning and relevant legal principles. The findings indicate that the Supreme Court's decision reflects a proportional and substantive justice approach by considering the defendant's role, evidentiary circumstances, sentencing objectives, and constitutional values alongside the principle of legality. The decision also illustrates an emerging paradigm in Indonesian criminal law that balances punitive objectives with the protection of fundamental rights. Nevertheless, differences in sentencing outcomes among similar narcotics cases continue to create legal uncertainty and judicial disparity. Therefore, clearer sentencing guidelines are necessary to ensure consistency, proportionality, and predictability in the adjudication of serious narcotics offenses while maintaining the objectives of criminal law and the rule of law
Legal Review of Legal Protection and Dispute Resolution Regarding Alleged Malapractice by Medical Personnel in Law Number 17 Of 2023 Concerning Health Widia Wirawan; Appe Hutauruk; Hotman Sinambela; 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/yzd8xt47

Abstract

Law No. 17 of 2023 concerning Health, an omnibus law that has been in effect since August 8, 2023, is expected to provide better legal protection for medical personnel compared to the existing law. However, in reality, cases of alleged medical malpractice disputes are increasingly emerging and even going viral. Generally, alleged medical malpractice disputes arise because the results of healthcare services do not meet expectations or demands. The public no longer considers whether there was intent to harm the patient (mens rea), how healthcare services are delivered, or the individual variability of each patient, which sometimes results in the inability to fully adhere to standard operating procedures. This thesis aims to answer the following questions: The implementation of Law No. 17 of 2023 concerning Health in providing legal protection for medical personnel in carrying out their profession, and the procedures for resolving alleged medical malpractice disputes under Law No. 17 of 2023 concerning Health. The purpose of this thesis is to determine the implementation of Law Number 17 of 2023 concerning Health in providing legal protection for medical personnel in carrying out their profession, and to determine the procedures for resolving medical disputes involving alleged medical malpractice. The results of this empirical normative research, which involved 26 respondents, all medical personnel at the Dr. Midiyato Suratani Naval Hospital in Tanjungpinang, revealed that all respondents (100%) felt that Law Number 17 of 2023 concerning Health was inadequate in providing legal protection for their profession. Only one respondent (3.8%) stated that the implementation of Law Number 17 of 2023 concerning Health was worse in terms of legal protection and the procedures for resolving disputes involving alleged medical malpractice. Eleven respondents (42.3%) stated that it was better, eight respondents (30.8%) stated that it was the same, and six respondents (23.1%) stated that they did not know. In terms of medical dispute resolution, 23 respondents (88.5%) stated that Law Number 17 of 2023 concerning Health has not provided a sense of justice for medical personnel, while 2 respondents (7.7%) stated that it has provided a sense of justice and 1 respondent (3.8%) stated that they did not know
Implementation and Effectiveness of Online Dispute Resolution as an Alternative Mechanism for Resolving E-Commerce Consumer Disputes in Indonesia Siska Septiana; 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: 10.58258/1s8qhs85

Abstract

The rapid growth of e-commerce in Indonesia has facilitated commercial transactions while simultaneously increasing the potential for consumer disputes, including non-conforming goods, delivery delays, personal data breaches, and breaches of contract by business actors. Resolving such disputes through litigation is often considered ineffective due to the significant costs, lengthy procedures, and time required. This study aims to analyze the implementation of Online Dispute Resolution (ODR) as an alternative mechanism for resolving e-commerce consumer disputes in Indonesia and to examine its effectiveness in providing legal protection and legal certainty for the parties involved. This research employs a normative juridical method using statutory, conceptual, comparative, and case approaches. Data were collected through library research involving primary, secondary, and tertiary legal materials and analyzed using a descriptive qualitative method. The findings indicate that ODR offers several advantages, including faster, simpler, more efficient, and lower-cost dispute resolution compared to conventional mechanisms. However, the implementation of ODR in Indonesia has not yet been supported by specific regulations governing its procedures, legal enforceability, and the execution of settlement outcomes. Therefore, comprehensive regulations, standardized ODR mechanisms, and stronger integration with the national dispute resolution system are necessary to ensure effective legal protection, enhance public confidence in electronic commerce, and support the development of a secure, fair, and sustainable digital economy
Legal Analysis of Teaching Hospital Liability for Resident Physicians’ Actions under Indonesia’s Health Law No. 17 of 2023: A Case Study of Decision No. 228/Pdt.G/2025/PN Jkt.Pst Yulis Setyaningsih; 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/yff2sj77

Abstract

Teaching hospitals perform a dual function as healthcare providers and clinical education institutions, creating complex legal issues regarding liability for medical actions carried out by resident physicians. The enactment of Indonesia’s Health Law No. 17 of 2023 introduces a new legal framework governing teaching hospitals and establishes the Professional Disciplinary Council (Majelis Disiplin Profesi/MDP) as a prerequisite in civil medical malpractice claims. This study aims to analyze the legal construction of teaching hospital liability for resident physicians’ actions and to examine the evidentiary value and legal standing of MDP recommendations in civil litigation through the analysis of Decision No. 228/Pdt.G/2025/PN Jkt.Pst. The research employs a normative juridical approach using an intrinsic case study design. Primary, secondary, and tertiary legal materials were analyzed qualitatively through content analysis, statutory interpretation, and doctrinal analysis based on the theories of vicarious liability and informed consent. The findings demonstrate that teaching hospital liability is primarily founded on the doctrine of vicarious liability, as reflected in Articles 243–248 and Article 193 of Health Law No. 17 of 2023. However, the court dismissed the plaintiff’s claim after determining that the defendants had complied with professional standards, service standards, and standard operating procedures. Furthermore, the study finds that MDP recommendations possess substantial evidentiary value but are not legally binding, requiring judges to assess them alongside other admissible evidence. This research contributes to the development of Indonesian health law by clarifying the legal responsibilities of teaching hospitals, strengthening patient protection, and promoting greater legal certainty in medical malpractice litigation involving resident physicians. It also recommends clearer statutory guidelines concerning the evidentiary status of MDP recommendations and greater harmonization between Health Law No. 17 of 2023 and the Indonesian Civil Code to ensure balanced legal protection for both patients and healthcare providers

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