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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 101 Documents
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Optimizing the Role of Mediators in Resolving Workers’ Rights Disputes: Optimalisasi Peran Mediator dalam Menyelesaikan Perselisihan Hak Pekerja Raqel Elang Pangestu, Muhammad; Putra Maya Padaloka, Rocky; Rambu Rambuni, Arraya
Mendapo: Journal of Administrative Law Vol. 6 No. 3 (2025): 2025
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/mendapo.v6i3.50692

Abstract

Industrial relations disputes, particularly rights disputes following termination of employment, frequently arise due to differences in interpretation and implementation of rights and obligations between workers and employers. Mediation is prioritized as a non-litigation dispute resolution mechanism before cases proceed to the Industrial Relations Court. This study aims to analyze the role of mediators at the Tangerang Regency Manpower Office in resolving rights disputes and to identify factors that hinder the effectiveness of the mediation process. This research employs an empirical legal research method with a qualitative approach, using interviews and field observations conducted during an internship program. The findings indicate that mediators have performed their roles in facilitating dialogue, examining documents, and issuing recommendations; however, the effectiveness of mediation is often constrained by the absence of disputing parties, incomplete documentation, differences in legal interpretation, and the non-binding nature of mediation recommendations. The novelty of this study lies in its empirical finding that mediation recommendations at the regional level tend to function merely as administrative formalities, limiting their effectiveness in strengthening the protection of workers’ rights. This study recommends strengthening mediator authority and improving the substantive quality of mediation outcomes to achieve a more effective and equitable industrial dispute resolution mechanism.
The Overlooking of Substantive Justice: A Progressive Legal Examination of the PT Timah Tbk Corruption Ruling: Keadilan Substantif yang Terabaikan: Telaah Hukum Progresif atas Putusan Kasus Korupsi PT Timah Tbk Intan Amara Dewi, Adinda; Gabriella Bridget Tarandung, Helena; Tira Varany, Yacinta; Kartika Sari, Elsi
Mendapo: Journal of Administrative Law Vol. 6 No. 3 (2025): 2025
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/mendapo.v6i3.51057

Abstract

Corruption in the natural resources sector, particularly in the tin mining industry, constitutes a crime that not only causes significant losses to state finances but also reflects structural failures in state governance in fulfilling its constitutional mandate as stipulated under Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. This article aims to critically examine the role of the government and the judiciary in the PT Timah Tbk corruption case through an analysis of the Corruption Court Decision Number 70/Pid.Sus-TPK/2024/PN.Jkt.Pst, employing the perspectives of substantive justice, progressive law, and administrative law. This study adopts a normative legal research method using statutory, case, and conceptual approaches. The findings reveal that although the court decision formally satisfies law enforcement requirements through criminal sanctions and the recovery of state financial losses, judicial reasoning remains predominantly legal-positivistic and focuses on individual criminal liability. The dimensions of the state’s structural responsibility, governance failures in the mining sector, and the systemic impacts of corruption on public interests have not been adequately articulated in the ratio decidendi of the decision. As a result, substantive justice is reduced to mere procedural justice. This article argues that the judiciary holds a strategic position as the guardian of public interest and an agent of social transformation in corruption cases classified as extraordinary crimes. Therefore, strengthening judicial reasoning is essential to ensure that court decisions function not only as instruments of punishment, but also as mechanisms for correcting public policy failures and promoting governance reform.
Village-Owned Enterprises Legal Accountability for Village Natural Resources Management in the Perspective of Separate Legal Entity and Legal Certainty Naili Hidayah, Lili; Najwan, Johni; Suryahartati, Dwi
Mendapo: Journal of Administrative Law Vol. 6 No. 3 (2025): 2025
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/mendapo.v6i3.52967

Abstract

This article examines the construction of legal accountability for the management of natural resource-based village assets by Village-Owned Enterprises (BUMDesa) after its recognition as a legal entity through Government Regulation Number 11 of 2021. This recognition places BUMDesa as an independent legal subject that operates based on the principle of separate legal entity. However, in practice, the application of this principle still leaves juridical problems, especially related to the separation between village wealth and BUMDesa wealth and the potential shift in the character of village assets from public wealth to objects of private interest. This condition has implications for the weakening of legal protection for village assets and the increased risk of irregularities in the management of village natural resources. This article emphasizes that the legal accountability of BUMDes is dualistic, namely corporate responsibility for business activities and public accountability for the protection of the interests of village communities and the sustainability of natural resources. The absence of a firm and systematic regulation causes a legal gray space that blurs the boundaries of responsibility between BUMDesa and the village government. Therefore, it is necessary to reconstruct the regulation and strengthening of BUMDesa governance to ensure legal certainty, maintain the public character of village assets, and ensure that its use remains in line with the constitutional goals of maximum prosperity of the people
Enhancing Sustainable Environmental Legal Awareness through Legal Education: Penguatan Kesadaran Hukum Lingkungan Berkelanjutan melalui Pendidikan Hukum Helmi, Helmi; Hafrida, Hafrida; Kusniati, Retno; Rosmidah, Rosmidah; Bustanuddin, Bustanuddin
Mendapo: Journal of Administrative Law Vol. 6 No. 3 (2025): 2025
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/mendapo.v6i3.51959

Abstract

This article examines the role of legal education in strengthening sustainable environmental legal awareness amid the increasing complexity of ecological problems and the low level of compliance with environmental protection principles. This study employs a normative juridical approach by analyzing concepts, doctrines, and contemporary paradigms of environmental law in relation to the formation of legal awareness. The findings indicate that the limited effectiveness of environmental protection is not merely caused by weaknesses in legal norms, but is largely influenced by the insufficient internalization of environmental legal values within social consciousness. Legal education holds a strategic position as an instrument for fostering ecological awareness through the understanding of the precautionary principle, social responsibility, intergenerational justice, and sustainability. Through value-oriented and critical legal education, environmental law is not only understood as a set of normative rules, but also as a value system that shapes human behavior and mindset in relation to nature. Therefore, legal education functions as a means of social transformation that promotes behavioral change, strengthens legal compliance, and contributes to the prevention of environmental degradation in a sustainable manner
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.

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