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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 258 Documents
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Application of Criminal Sanctions for Perpetrators of Tax Crimes (Case Study of Case Decision Number: 213/Pid.Sus/2021/PN.Jkt.Brt) Manullang, Jus Marsondang; Prastyanti, Rina Arum; Hastuti, Indra
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 6, No 3 (2024): 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/jihad.v6i3.7252

Abstract

This study aims to find out and describe the mechanism for resolving the application of sanctions for tax crime perpetrators and the consideration of the Panel of Judges in applying criminal sanctions to tax crime perpetrators as stated in Case Decision Number: 213/Pid.Sus/2021/PN.Jkt.Brt where the Panel of Judges imposes a prison sentence of 2 (two) years and 6 (six) months, which is lower than 9 (nine) months compared to the Public Prosecutor's demands. The type of data in this study is secondary data. The data collection technique uses the library search method, which is to systematically study and analyze laws and regulations, books, magazines, newspapers, materials from the internet and other materials related to the object of research, namely tax crimes. Based on the results of research on tax crime cases at the West Jakarta District Court with Decision number: 213/Pid.Sus/2021/PN.Jkt.Brt with the Defendant Bambang Purwosetiyo, Judge's Consideration Based on the Testimony of Witnesses, Evidence, Public Prosecutor's Indictment and Public Prosecutor's Demands. Based on these considerations, the Judge stated that the Defendant must be declared to have been legally and convincingly proven to have committed a criminal act. In addition, during the examination at the trial, the Judge did not see that the Defendant was suffering from an illness, the Defendant was able to answer well and smoothly the questions posed to him, both by the Panel of Judges, the Public Prosecutor, thereby strengthening the opinion and confidence for the Panel of Judges that the Defendant is able to be responsible according to criminal law for the acts he committed. The judge decided to impose a prison sentence of 2 (two) years and 6 (six) months and a fine 2 x 2 X Rp.  4,761,272,973,- (one billion two hundred and seventy-four million six hundred and fifteen thousand eight hundred and twenty-one rupiah). = Rp.9,522,545,946,- (Nine billion five hundred and twenty-two millionfive hundred and forty-five thousand nine hundred and seventy-three rupiah), while the Public Prosecutor demanded a prison sentence of 3 (three) years and 3 (three) months and a fine of 2 X Rp.  4,761,272,973,- (one billion two hundred and seventy-four million six hundred and fifteen thousand eight hundred and twenty-one rupiah). = Rp.9,522,545,946,- (Nine billion five hundred and twenty-two millionfive hundred and forty-five thousand nine hundred and seventy-three rupiah), thus the Judge's decision is 9 (nine) months lower than the Public Prosecutor's demand. There is no detailed explanation regarding the Judge's consideration in deciding on a prison sentence that is 9 (nine) months lower than the Public Prosecutor's demand.  
Analysis of Handling of Default Cases in Debts and Receivables of the Deputy Regent of Sidoarjo Veronica, Ester; Ramadhani, Sinta; Tarina, Dwi Desi Yaya
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 6, No 2 (2024): 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/jihad.v6i2.6937

Abstract

This article discusses the phenomenon of breach of contract in debt collection issues by taking a case study of breach of contract involving the Deputy Regent of Sidoarjo. Through conceptual review and tracing of specific cases, this article explores the legal and social implications of breach of contract in lending relationships. By analyzing legal approaches and related court decisions, the article aims to provide deeper insights into how the law handles contract violations and their consequences, particularly in the realm of governance. The implications of the findings of this article also discuss the need for honesty, responsibility, and fair law enforcement in maintaining public trust in legal institutions.
Analysis of Business Licensing Management Through Online Single Submission Risk Based Approach for Limited Liability Companies Amar, Muhamad; Santoso, Aris Prio Agus; Suryadi, Agung
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 6, No 3 (2024): 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/jihad.v6i3.7114

Abstract

In managing risk-based permits in Indonesia, there is a gap between das sollen (PP Number 5 of 2021 is the basis for carrying out Risk-Based business licensing) and das sein (the phenomenon of PTs which are often hampered in processing OSS RBA permits). This research aims to find out the regulations regarding processing business licensing through a risk-based online single submission risk based approach (OSS-RBA), analysis of Limited Liability Companies having difficulty in managing risk-based electronically integrated business licensing and efforts to resolve the problem of Limited Liability Companies making it difficult to process risk-based electronically integrated business licensing. This research is a type of normative juridical research that relies on primary legal materials (legislation) and secondary legal materials (literature studies). The results of this research: Regulations regarding the management of business permits through OSS-RBA are regulated in Government Regulation Number 5 of 2021 concerning Risk-Based Business Licensing. Analysis of limited liability companies having difficulty in processing risk-based electronically integrated business permits is due to overlapping regulations and the absence of implementing regulations for implementing OSS RBA in the regions. Efforts to resolve the problem of limited liability companies which are difficult to obtain risk-based electronically integrated business permits, there are two, namely 1) the government must guarantee compliance with Law Number 40 of 2007 concerning Limited Liability Companies in conjunction with Law Number 11 of 2020 concerning Copyright in conjunction with PP No. 8 in 2021 based on the provisions of the statutory hierarchy and 2) the government must make a policy so that regulations implementing the RBA OSS are made in various regions.
The Influence of Government Agency Support and Social Media on Sustainable Competitive Advantage is Mediated by Entrepreneurial Sari, Ni Kadek Wahyuni Merta
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 6, No 3 (2024): 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/jihad.v6i3.7406

Abstract

The aim of this research is to determine the impact of support from government agencies and social media on the sustainable competitive advantage of SMEs in North Lombok Regency and to explore the role of entrepreneurial orientation as a mediator in the relationship between support from government agencies, social media and sustainable competitive advantage. The sample in this research is. SMEs in North Lombok Regency amounted to 100 respondents using a simple random sampling method. This research uses the PLS (Partial Least Squares) analysis method. The results of this research show that the variables of government agency support and social media have a significant positive effect on the variables of sustainable competitive advantage and entrepreneurial orientation. The entrepreneurial orientation variable has a significant positive effect on the sustainable competitive advantage variable.  Entrepreneurial orientation and social media variables play a partial mediator role between government support and sustainable competitive advantage. 
Analysis of Constitutional Court Decision No. 16/PUU-XVIII/2020 Regarding the Honorary Council's Approval of Summoning a Notary in the Examination of Criminal Cases Taufiqsyah, Muhammad
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 6, No 3 (2024): 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/jihad.v6i3.7008

Abstract

In writing this journal the author discusses legal issues regarding the Analysis of the Constitutional Court Decision Number 16/PUU-XVIII/2020 concerning the Approval of the Honorary Notary Council for Summoning Notaries in the Examination of Criminal Cases. The Constitutional Court (MK) stated that it did not accept and rejected the judicial review of Article 66 paragraph (1) of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Positions regarding the examination of Notaries in the judicial process with the approval of the Notary Honorary Council ( MKN). The Petitioners argue that the phrase with the approval of the Notary Honorary Council in Article 66 of the Law on the Position of Notaries places the Notary Honorary Council as having absolute and final authority to approve or disapprove a notary's summons to attend a case examination. This means that investigators, public prosecutors and judges cannot take further legal action if the Notary Honorary Council does not give their approval. With the Constitutional Court's decision issued by the Constitutional Judge regarding Article 66 paragraph (1) of the Notary Law, a problem arises regarding the basis of the judge's consideration of the Constitutional Court's decision regarding the Honorary Council's approval of the summons of a Notary in the examination of criminal cases. The approval of the Notary Honorary Council in granting permission to the parties to take or notarize and examine the Notary remains valid. The Constitutional Court (MK) stated that it did not accept and rejected the material review requested by the Indonesian Prosecutors Association.
Proof of Coercion and Fraud in the Making of Notarial Deeds Case Study of South Jakarta District Court Decision Number 321/Pdt.G/2016/PN. Jkt. Cell Sumartini, Sumartini
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 6, No 3 (2024): 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/jihad.v6i3.7317

Abstract

An agreement is one of the sources of engagement regulated in Chapter II of Book 3 of the Civil Code which can be stated in the form of a Notarial Deed. Authentic deeds clearly stipulate rights and obligations, providing legal certainty. In dispute resolution, authentic deeds function as the strongest written evidence. However, even with perfect evidentiary power, a Notarial Deed cannot be separated from efforts to cancel the contract. Some of the reasons for cancellation are due to defects in the agreement due to elements of coercion and/or elements of deception as stated by the Plaintiff in South Jakarta District Court Decision Number 321/Pdt.G/2016/PN. Jkt. Cell. Based on the research results, the Plaintiff is obliged to provide clear evidence. When compared with the Plaintiff's evidence, the evidence presented by the Plaintiff is not sufficient to prove the argument of coercion or fraud because the Plaintiff's Witnesses did not know that the Plaintiff and the Defendants had entered into a Sale and Purchase Agreement. In the process or attempt to cancel a notarial deed, the evidence must be clear and in such a way that the party who has the notarial deed does not need other evidence to state the truth of the notarial deed. With this formulation, the judge no longer needs to test its truth or in other words, an authentic deed has perfect evidentiary power both physically and materially.
Decision Analysis on the Default Lawsuit Against the Tri Handayani Boutique Investment Contract, Supreme Court Decision NO. 13/PDT.G/2023/PN LGS Zammara, Aurel Meidina; Suprobo, Farrel Rajendra; Lubis, Yasmin Arinda; Tarina, Dwi Desi Yayi
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 6, No 2 (2024): 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/jihad.v6i2.6942

Abstract

Cases of default in an investment contract are an event that often occurs in Indonesia. Default is a condition where one party in a contract cannot fulfill some or all of the provisions stated in the contract. Default events require a more in-depth explanation so that we can easily understand all aspects of a default event. In Decision No. 13/Pdt. G/2023/PN Lgs, it is clear that incidents of default still occur frequently in Indonesia. Default can cause losses in both material and immaterial forms to the victim. Therefore, the author's aim in conducting this analysis is to provide an in-depth understanding of default in Indonesia. 
Transactions Using the Cod (Cash on Delivery) Payment Method: Consumer Protection Legal Perspective Aswal, Andi Azhim Fachreza
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 6, No 3 (2024): 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/jihad.v6i3.7189

Abstract

The widespread use of e-commerce services by the public shows that buying and selling activities that were previously carried out conventionally have become activities that can be accessed only via smartphones, laptops/computers with an internet network. However, it is not uncommon for consumers to object because goods purchased using the cash on delivery or COD payment method do not match the order when they arrive at the delivery destination. This illustrates that one side of the consumer is the party that is seriously disadvantaged. Meanwhile, business actors still make a profit from selling the goods they make. Based on the problems above, the problem formulation is how to legally protect consumers for losses that can be suffered in transactions via COD and what measures can be taken by consumers for losses suffered in transactions via COD. This research method uses normative legal research. The approach used is the statutory and regulatory analysis approach which is used to answer the problems that have been previously formulated. The analysis technique is carried out qualitatively by describing the issues and then organizing them systematically and connecting them with the legal materials that have been found. Cash on Delivery (COD) means pay on delivery is a payment method that is in great demand in e-commerce. As the name suggests, this payment method allows buyers to make payments in cash when the order arrives at the destination address. Trading by e-commerce actually has a legal basis for ordinary trade. Or in other words, e-commerce is conventional trade that is special because the role of media and electronic devices is very dominant. Transactions using the COD payment method were initially present to facilitate online buying and selling transactions. However, this mechanism also has the potential to cause significant losses for consumers. Enforcement of consumer rights is a necessity in order to ensure legal certainty to provide protection to consumers, including in transactions that use the COD payment method as regulated in Article 4 of the Consumer Protection Law. There are various reasons for goods being returned by consumers who have used COD payments such as products. damaged, non-functioning products, insufficient products, incomplete orders, inappropriate products, and counterfeit products. For disputes that arise due to the COD system, there is a method that has been determined by each marketplace to submit an objection or request a return of goods to the business actor by attaching proof that the goods received do not meet consumer expectations. Meanwhile, consumers who feel their rights have been violated can complain and process their case legally at the Consumer Dispute Settlement Agency (BPSK) or through court.
The Influence of Views, Economics, and Knowledge on Accounting Students' Interest in Sharia Investment (Empirical Study of Accounting Students at STIE 45 Mataram) Nurlailah, Nurlailah; Rizqina, Intan; khairunnisah, Noni antika
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 6, No 1 (2024): 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/jihad.v6i1.6589

Abstract

Sharia Financial Institutions are based on the Al-Quran, Hadith and Ulama Ijtihad, in Indonesia sharia financial regulations are issued by the National Sharia Council of the Indonesian Ulema Council (DSN-MUI). This test aims to find out how much the dependent variable is influenced by individual independent variables. 
An Analysis of Structural Units and Modification of the Idiomatic Expressions on Speech Videos Putri, Devara Arisa; Mutiara, Rika
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 6, No 3 (2024): 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/jihad.v6i3.7447

Abstract

This research analyzed idiomatic expressions in speech videos on the TEDx Talks YouTube channel. This study used descriptive linguistics to collect qualitative data and used analytical techniques. The data were taken from nine speech videos from TEDx Talks YouTube channel, after collected the idiomatic expressions, the data were categorized using two theories: Biber’s (1999) and Ernst’s (1981) theories. This study found 54 kinds of structural units of idiomatic expressions with the most dominant were prepositional phrase idioms with total 21 idioms, followed by selected verb + noun phrase idioms with total 14 idioms, next selected verb + prepositional phrase idioms with total 13 idioms, and lastly noun phrase idioms with total 6 idioms. This study also found 11 idiom modifications, and internal modifications were the most appeared with total 5 idioms, followed by external modifications with total 4 idioms, and lastly conjunction modification with total 2 idioms. The implications of this research can be used in teaching and learning for EFL/ESL.

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