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Eko Nuriyatman
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Mendapo: Journal of Administrative Law
Published by Universitas Jambi
ISSN : 27747840     EISSN : 27747905     DOI : https://garuda.kemdikbud.go.id/journal/view/20102#
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Mendapo: Journal of Administrative Law published by the Special Program for State Administrative Law, Faculty of Law, Jambi University. This journal is a publication medium for academics, researchers, and practitioners in the field of law to publish research results or conceptual study articles. The scope of articles published in this journal covers various topics, including (but not limited to): Natural Resources Law; Environmental law; Employment Law; Governmental Law; Local Government Law; Health Law; Agrarian Law; Public Policy Law; Tax law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
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Search results for , issue "Vol. 7 No. 1 (2026): (2026)" : 7 Documents clear
Deregulation of Market Stall Pharmaceutical Businesses: Supervisory Gaps and State Responsibility: Deregulasi Usaha Los Pasar Obat: Kesenjangan Pengawasan dan Tanggung Jawab Negara Syafarudin, Heru
Mendapo: Journal of Administrative Law Vol. 7 No. 1 (2026): (2026)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/mendapo.v7i1.52757

Abstract

The Market Stall Pharmaceutical Business Policy under Minister of Health Regulation No. 11 of 2025 represents a deregulation measure that expands the retail distribution of over the counter medicines beyond formal pharmaceutical service facilities. While intended to enhance public access to medicines, particularly in underserved areas, this policy raises fundamental legal concerns regarding regulatory coherence, supervisory design, and the scope of state responsibility in safeguarding consumer safety. This study examines the policy from the perspective of health administrative law and consumer protection, emphasizing the precautionary principle, state responsibility, and state liability as normative benchmarks. Employing a doctrinal legal method with statutory, conceptual, and comparative approaches, the research also reviews supervisory models for over-the-counter medicines in selected Asian jurisdictions. The findings reveal three critical regulatory gaps: vertical inconsistency between deregulation norms and higher health legislation; horizontal fragmentation in inter agency supervision; and the absence of explicit state liability mechanisms in cases of consumer harm. These deficiencies extend beyond administrative technicalities and pose risks of maladministration, potentially undermining the constitutional right to health. The study argues that deregulation in the health sector cannot be construed as a reduction of state obligations. Rather, the state remains the ultimate guarantor of public safety and must ensure integrated, risk-based, and accountable supervision to prevent regulatory failure and to uphold consumer protection within the framework of the rule of law.
Tax Clearance as an Administrative Instrument in the Dissolution of Cooperatives: Tax clearance sebagai Instrumen Administrasi dalam Upaya Pembubaran Koperasi Damayanti, Suci; Devia Ardania, Vidya; Amanda Savira, Karina; Handoko, Sigit
Mendapo: Journal of Administrative Law Vol. 7 No. 1 (2026): (2026)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/mendapo.v7i1.52903

Abstract

This study aims to provide a juridical analysis of the dissolution of cooperatives as legal entities in relation to the fulfillment of tax obligations, particularly concerning cooperatives that do not possess a Tax Identification Number and have failed to perform tax obligations since their establishment. The focus of this research lies in examining the normative tension between the cooperative law regime, which does not explicitly require tax compliance as a formal prerequisite for dissolution, and administrative practices that nevertheless require the settlement of outstanding tax obligations through a tax clearance mechanism. This research adopts a normative legal method employing a statutory approach and a case approach, with specific reference to the case of Cooperative “X” in Bantul Regency, Special Region of Yogyakarta. The findings demonstrate that the absence of an Tax Identification Number does not legally prevent the dissolution of a cooperative, yet it does not eliminate the cooperative’s status as a taxable legal subject, thereby causing all existing tax obligations to remain legally binding and subject to settlement, including potential administrative sanctions. This study affirms that tax clearance should not be regarded merely as an additional administrative requirement, but rather as an essential instrument of administrative law that ensures tax compliance, safeguards the state’s fiscal interests, and provides legal certainty in the process of dissolving cooperatives as legal entities.
Unlawful Acts as an Instrument of Accountability in Natural Resources Management Pahlefi, Pahlefi; Muskibah, Muskibah; Suryahartati, Dwi
Mendapo: Journal of Administrative Law Vol. 7 No. 1 (2026): (2026)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/mendapo.v7i1.53039

Abstract

Natural resource management in Indonesia is still faced with environmental damage, conflicts of interest, and weak legal accountability, where administrative compliance is often used as legitimacy even though the activities carried out have significant ecological and social impacts. This article formulates the problem of how the concept of Unlawful acts can be reconstructed to function as an instrument of accountability in natural resource management, as well as bridging civil law and state administrative law in enforcing legal responsibility for environmental damage. This study concludes that Unlawful acts can no longer be interpreted narrowly as a violation of written norms that cause individual harm, but must be understood substantively as a violation of the principles of environmental protection, ecological justice, and people's rights to a good and healthy environment. Administrative permits cannot be used as absolute legitimacy if business activities are proven to cause damage to natural resources. Unlawful acts functions as an instrument of accountability that is substantive, preventive, corrective, and as a control of power. Therefore, it is recommended to strengthen the progressive interpretation of Unlawful acts by the courts and harmonize regulations across legal regimes so that Unlawful acts can effectively realize fair, responsible, and sustainable natural resource governance.
Diploma Retention Clause in Employment Relationships: The Power Dynamics Between Employees and Employers: Klausula Penahanan Ijazah Dalam Hubungan Kerja: Relasi Kuasa Antara Pekerja dan Pengusaha Olivia Grasera, Brenda; Haliza Yuniar, Putri; Pujiastuti, Endah; Arifin, Zaenal
Mendapo: Journal of Administrative Law Vol. 7 No. 1 (2026): (2026)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/mendapo.v7i1.53275

Abstract

This study aims to analyze the validity of the detention clause diploma by the company through the perspective of labor law and power relations theory. The phenomenon of diploma withholding is still found in the practice of Labor Relations in Indonesia, although it has no explicit legal basis in labor regulations and is often justified as a form of safeguarding the interests of the company. This practice reflects the inequality of positions between employers and workers, giving rise to an urgency to reassess its legal legitimacy within the framework of protecting the fundamental rights of workers. The research method used is juridical normative approach to legislation and conceptual. The results showed that the detention of diplomas is contrary to the principles of freedom of work, the principle of equality, and respect for human dignity as reflected in Law Number 13 of 2003 concerning manpower amended by Law Number 6 of 2023 concerning the establishment of government regulations in lieu of Law Number 2 of 2022 concerning job creation into law. The conclusion of the study confirms that the diploma withholding clause in the employment agreement is invalid and should have been declared null and void. The novelty of the study lies in the use of Michel Foucault's theory of power relations to explain the detention of diplomas as an instrument of control that maintains the structural dominance of employers over workers in modern industrial relations.
Transfer of Mortgage Rights Resulting from Cession as a Land Administration Act: Peralihan Hak Tanggungan akibat Cessie sebagai Tindakan Administrasi Pertanahan Krisnawaty, Krisnawaty; Muskibah, Muskibah; Abu Bakar, Firdaus
Mendapo: Journal of Administrative Law Vol. 7 No. 1 (2026): (2026)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/mendapo.v7i1.53383

Abstract

This article analyzes the transfer of Mortgage Rights resulting from the assignment of receivables (cessie) within the framework of land and administrative law. The issue arises from differing interpretations of Article 16 paragraph (1) of the Mortgage Law concerning the phrase “by operation of law” in relation to the principle of publicity in land registration. Using a normative legal method with statutory and administrative law approaches, this study examines the juridical status of recording the transfer of Mortgage Rights at the Land Office. The findings show that although Mortgage Rights follow the receivable under the principle of accessorium sequitur principale, the transfer only gains external legal effect after being recorded in the land register. Such recording constitutes a land administrative act that fulfills the characteristics of a State Administrative Decision, as it is concrete, individual, and final, producing legal consequences for the new creditor. Therefore, legal certainty and protection depend on the legality of the administrative action carried out in accordance with the principles of legality and good governance.
Administrative Discretion in Emergency Health Services from the Perspective of Administrative Law: Diskresi Pelayanan Kesehatan Darurat dalam Perspektif Hukum Administrasi Negara Rahmadani, Ruri
Mendapo: Journal of Administrative Law Vol. 7 No. 1 (2026): (2026)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/mendapo.v7i1.53441

Abstract

Medical treatment administered in emergency circumstances without the prior consent of the patient or their family constitutes a doctrinal exception to the principle of informed consent as an expression of patient autonomy. Within the framework of Administrative Law, such action shall not be construed merely as a private therapeutic relationship between physician and patient, but rather as the exercise of administrative discretion in the delivery of public health services. This study aims to examine the legal basis of authority, the normative limits of discretionary power, and the construction of administrative liability borne by hospitals in relation to emergency medical interventions performed without consent. This research employs normative legal methodology, applying statutory and conceptual approaches, supported by systematic interpretation and juridical reasoning concerning attribution, delegation, and mandate of authority in the health sector. The analysis is situated within the principles of legality, proportionality, public interest, due care, and accountability as embodied in the general principles of good governance. The findings demonstrate that the legality of emergency medical intervention without consent is justified insofar as it is undertaken to protect life and public interest, complies with professional standards and standard operating procedures, and remains within the lawful scope of delegated authority. Medical discretion is not absolute; it is subject to the prohibition of abuse of power and to institutional accountability mechanisms. Accordingly, hospitals, as public service providers exercising governmental functions in the health sector, shall bear primary administrative responsibility for the use of such discretion, including supervision, documentation, risk management, and corrective measures. Legal protection of patients in emergency settings must therefore be reconstructed within the regime of institutional administrative accountability rather than confined solely to civil or criminal liability.
Hospitals as Public Legal Subjects within the State Administrative Law Regime: Rumah Sakit sebagai Subjek Hukum Publik dalam Rezim Administrasi Negara Zulkarnain, Hadi
Mendapo: Journal of Administrative Law Vol. 7 No. 1 (2026): (2026)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/mendapo.v7i1.53464

Abstract

The rapid development of information technology has shifted the pattern of medical dispute resolution from formal institutional mechanisms to digital public spaces through online media. This transformation generates significant legal implications, particularly concerning administrative legal protection for physicians and hospitals as public service providers in the health sector. This study aims to examine the legal standing of hospitals within the framework of administrative law and to formulate the construction of administrative legal protection afforded to physicians and hospitals in addressing medical disputes disseminated through online media. This research employs a normative legal method using statutory, conceptual, and case approaches. The legal materials consist of legislation governing health services, medical practice, press law, and electronic information and transactions, as well as doctrines of administrative and health law. The findings demonstrate that hospitals possess a dual legal character: as private legal entities performing public functions based on state-attributed and delegated authority. Consequently, their actions are subject to the principles of legality, accountability, and administrative supervision. Medical disputes circulating in digital platforms are generally triggered by deficiencies in therapeutic communication, differing interpretations of medical risk and malpractice, and the rapid formation of public opinion prior to normative verification. Administrative legal protection may be implemented through preventive mechanisms, including the right of reply and alternative dispute resolution, while repressive measures must be applied proportionately as an ultimum remedium. An administrative law approach provides a structured and balanced framework to ensure legal certainty, justice, and sustainability in health service delivery in the digital era.

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