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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 112 Documents
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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.
Reformulation of Legal Protection Policies for Environmental Activists Against Criminalization in the Digital Space: Perumusan Ulang Kebijakan Perlindungan Hukum bagi Aktivis Lingkungan Hidup Terhadap Kriminalisasi di Ruang Digital Deswat, Yoga; Yuherman, Yuherman; Fahririn, Fahririn; Nugroho, Wahyu
Mendapo: Journal of Administrative Law Vol. 7 No. 2 (2026): (2026)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/mendapo.v7i2.52520

Abstract

The criminalization of environmental activists through the application of the Electronic Information and Transactions Law reflects the tension between the protection of freedom of expression and the use of criminal law in the digital sphere. This study aims to analyze the application of hate speech provisions in the Daniel Tangkilisan case, evaluate the effectiveness of legal safeguards against lawsuits or criminal proceedings intended to suppress public participation in environmental matters, and formulate the direction of legal policy reform for the protection of environmental activists. This research employs normative legal research using statutory, case, and conceptual approaches. The analysis is conducted through a systematic and teleological interpretation of legislation, judicial decisions, and legal doctrines. The findings reveal divergent judicial paradigms between the Jepara District Court and the Semarang High Court in interpreting freedom of expression and public participation. The Jepara District Court adopted a formalistic approach, whereas the Semarang High Court applied a constitutional approach that recognized the protection of environmental defenders. The study further finds that the safeguards provided under the Environmental Protection and Management Law and the Supreme Court Regulation on the Adjudication of Environmental Cases remain ineffective due to the absence of procedural mechanisms within the criminal justice system. The novelty of this study lies in integrating the analysis of two judicial decisions arising from the same case with the formulation of an early-case screening model as a legal mechanism to protect public participation in the digital space. The findings contribute to the development of legal policies grounded in ecological democracy and the protection of citizens’ constitutional rights.
Normative Vagueness of the 'Aggrieved Party' Concept and Legal Protection for Notaries under Administrative Oversight: Kekaburan Norma "Pihak yang Dirugikan" dan Perlindungan Hukum Notaris dalam Pengawasan Administratif Meliona, Vevi; Yahya, Taufik; Suryahartati, Dwi
Mendapo: Journal of Administrative Law Vol. 7 No. 2 (2026): (2026)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/mendapo.v7i2.53349

Abstract

The ambiguity of the term aggrieved party in Article 7 paragraph (1) of the Minister of Law and Human Rights Regulation Number 15 of 2020 has generated legal uncertainty in Indonesia's notarial supervisory system, particularly regarding the legal standing of complainants and the protection of notaries against administrative sanctions. This study aims to examine the normative ambiguity of the provision and its implications for legal protection afforded to notaries. Employing normative legal research, the study applies statutory, conceptual, and case approaches by analyzing Jakarta Administrative Court Decision Number 25/G/2025/PTUN.JKT and Decision Number 235/G/2019/PTUN.JKT together with their subsequent judicial proceedings. The analysis demonstrates that the absence of clear legal criteria regarding the status of an aggrieved party enables complaints from individuals lacking direct legal interest, thereby increasing the risk of unlawful administrative sanctions and undermining due process of law. The findings further reveal that the Administrative Court plays a significant role in providing repressive legal protection by reviewing administrative decisions based on legality, procedural fairness, and the General Principles of Good Governance. The novelty of this research lies in proposing normative criteria for determining the legal standing of complainants and introducing a mandatory verification mechanism at the preliminary examination stage. The study concludes that clarifying the concept of an aggrieved party through regulatory reform is essential to strengthen legal certainty, ensure balanced administrative supervision, and provide effective legal protection for notaries.
Administrative Authority of National Park Management in the Protection of Conservation Areas: Kewenangan Administratif Pengelola Taman Nasional dalam Perlindungan Kawasan Konservasi Saputra, Aldo; Fauzani Raharja, Ivan
Mendapo: Journal of Administrative Law Vol. 7 No. 2 (2026): (2026)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/mendapo.v7i2.54600

Abstract

Forest and land encroachment within Kerinci Seblat National Park continues to pose a significant threat to the sustainability of conservation functions, ecosystem integrity, and biodiversity. This issue underscores the importance of the administrative authority exercised by conservation area managers in protecting forest areas from various forms of disturbance. This study aims to analyze the administrative authority of Kerinci Seblat National Park management in the protection of conservation areas and to identify the obstacles affecting the effectiveness of its implementation. The research employs an empirical legal method using statutory and field approaches. Data were collected through interviews with national park management officials, law enforcement officers, and local communities residing around the conservation area, and subsequently analyzed qualitatively. The findings reveal that the authority of national park management is derived from the attribution and delegation of powers granted by the central government in the fields of forestry and natural resource conservation. In practice, such authority is primarily exercised through protection, supervision, prevention, and security functions, while criminal enforcement measures are carried out in coordination with competent law enforcement agencies. The effectiveness of this authority remains constrained by several factors, including limited human resources, the vast scope of the supervised area, difficult geographical conditions, low levels of legal awareness among local communities, and weak inter-agency coordination. The novelty of this study lies in the formulation of a model for strengthening the administrative authority of national park management through the integration of area supervision, cross-sectoral coordination, and community empowerment as instruments for sustainable conservation area protection. This model positions conservation area protection as an integral component of administrative accountability grounded in the principles of good governance.
Legal Liability of Islamic Boarding School Administrators for Negligence in Building Construction Development: Pertanggungjawaban Hukum Pengelola Pondok Pesantren atas Kelalaian dalam Pembangunan Gedung Ayu Wulandari, Deby; Sulaksono, Agam; Heru Romadhon, Ahmad
Mendapo: Journal of Administrative Law Vol. 7 No. 2 (2026): (2026)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/mendapo.v7i2.54617

Abstract

Negligence in the construction of Islamic boarding school buildings may result in building failures that cause material losses and loss of life. This issue highlights the importance of compliance with administrative requirements and technical construction standards as legal instruments for safeguarding building occupants. This study aims to analyze the forms of negligence committed by Islamic boarding school administrators in building construction, the legal liabilities arising from such negligence, and the role of government oversight in supervising the development of educational facilities and infrastructure within Islamic boarding schools. This research employs a normative legal method using statutory and conceptual approaches. Legal materials are analyzed qualitatively through the interpretation of legislation, legal doctrines, and the case of the collapse of the Al-Khoziny Islamic Boarding School building in Sidoarjo Regency. The findings reveal that the negligence of Islamic boarding school administrators may take the form of administrative negligence due to failure to obtain building construction approval and technical negligence through the disregard of construction standards, planning requirements, supervisory mechanisms, and the involvement of qualified professionals. Such negligence gives rise to administrative, civil, and criminal liability for foundation administrators as the parties responsible for management and decision-making functions. The study further finds that the regulatory framework governing the supervision of Islamic boarding school construction has not established a clear mechanism for technical oversight, resulting in government supervision being predominantly reactive rather than preventive. The novelty of this study lies in the formulation of a legal liability model for Islamic boarding school administrators that integrates construction compliance obligations with strengthened preventive governmental oversight of building development to ensure occupant safety and legal certainty.
Reforming the Prohibition of Concurrent Office-Holding by Deputy Ministers in Indonesia's State Ministry Law: Mereformasi Larangan Merangkakkan Jabatan oleh Wakil Menteri dalam Undang-Undang Kementerian Negara di Indonesia Rizqi Fadhlillah, Muhammad; Yusuf, Yusmedi; Aji Pangestu, Ilham
Mendapo: Journal of Administrative Law Vol. 7 No. 2 (2026): (2026)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/mendapo.v7i2.55201

Abstract

This study examines the legal lacuna concerning the prohibition of concurrent office-holding by Deputy Ministers under the State Ministry Law and the urgency of reconstructing its regulatory framework to ensure legal certainty. The issue has become increasingly significant following Constitutional Court Decision Number 128/PUU-XXIII/2025, which affirmed that the prohibition on concurrent office-holding applicable to Ministers also extends to Deputy Ministers. Nevertheless, this prohibition has not yet been explicitly incorporated into statutory regulations, thereby creating legal uncertainty in governmental practice. This research employs a normative legal method using statutory, case, and conceptual approaches. The primary legal materials consist of the Constitution of the Republic of Indonesia of 1945, the State Ministry Law, Constitutional Court decisions, and relevant legal literature. The findings reveal that the absence of an explicit legal norm governing the prohibition of concurrent office-holding by Deputy Ministers may give rise to conflicts of interest, weaken accountability principles, and reduce the effectiveness of public administration. The novelty of this study lies in its proposal for a legal reconstruction of the State Ministry Law through the insertion of an explicit provision prohibiting concurrent office-holding by Deputy Ministers as a legislative follow-up to the Constitutional Court's decision. Such reconstruction is necessary to strengthen legal certainty, prevent abuses of power, and provide a firmer legal basis for the imposition of sanctions against Deputy Ministers who violate the prohibition.
Rethinking the Governance of Artificial Intelligence Oversight in Indonesia from a Global Perspective: Rekonstruksi Tata Kelola Pengawasan Artificial Intelligence di Indonesia dalam Perspektif Global Nugroho, Yudistira; Antari, Syafira
Mendapo: Journal of Administrative Law Vol. 7 No. 2 (2026): (2026)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/mendapo.v7i2.55745

Abstract

The rapid development of Artificial Intelligence (AI) has significantly transformed public governance, public services, and the digital ecosystem. However, such advancement has not been accompanied by the establishment of a comprehensive administrative legal framework in Indonesia. AI-related regulations remain fragmented across sectoral legal regimes, resulting in regulatory inconsistency, unclear supervisory authority, weak auditing mechanisms, and limited administrative accountability in AI deployment. This research aims to analyze the weaknesses of AI governance in Indonesia and reconstruct an administrative supervision model of AI from the perspective of Administrative Law, considering global regulatory practices. This study employs normative legal research using statutory, conceptual, and comparative approaches. The findings indicate that Indonesia has not yet established an integrated administrative governance framework for AI, particularly regarding regulatory authority, administrative discretion, algorithmic audits, certification, compliance oversight, and accountability of administrative bodies or public officials. Drawing from the European Union Artificial Intelligence Act, OECD AI Principles, and UNESCO Recommendation on the Ethics of Artificial Intelligence, this study proposes a reconstructed administrative governance model based on risk-based supervision, strengthened regulatory authority, compliance auditing, certification mechanisms, and institutional accountability. This research emphasizes that AI governance should be positioned as part of digital administrative governance and developed as a domain of Administrative Law to ensure legality, public interest protection, and legal certainty in the digital transformation era.
Licensing Legality and Administrative Liability of Traditional Healthcare Services from the Perspective of Administrative Law: Legalitas Perizinan dan Pertanggungjawaban Administratif Pelayanan Kesehatan Tradisional dalam Perspektif Hukum Administrasi Negara Puspita Dewi Maharani, Putri; Tri Haryani, Anik; Catur Kusuma Dewi, Retno
Mendapo: Journal of Administrative Law Vol. 7 No. 2 (2026): (2026)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/mendapo.v7i2.56964

Abstract

Traditional healthcare services constitute an integral part of Indonesia's healthcare system but remain subject to administrative legal requirements concerning licensing, supervision, and accountability. This study examines the licensing procedures and administrative liability of the Pijat Urat Sangkal Putung practice in Tanjung Sepreh Village, Magetan Regency, from the perspective of Administrative Law. An empirical legal research method with an empirical-juridical approach was employed. Primary data were obtained through interviews and field observations, while secondary data were collected through statutory and literature reviews. The data were analyzed using descriptive qualitative methods. The findings indicate that business legality has been fulfilled through the acquisition of a Traditional Healer Registration Certificate (STPT), business licensing, recommendations from the local Health Office, administrative verification, field inspections, and continuous governmental supervision. However, many traditional healers remain unregistered due to administrative and economic barriers, revealing a gap between regulatory provisions and their implementation. The study further demonstrates that the liability of traditional healers should primarily be addressed within the framework of administrative law through licensing compliance, government supervision, and administrative sanctions before extending to civil or criminal liability. The novelty of this research lies in integrating licensing, administrative governance, government supervision, and legal accountability into a comprehensive Administrative Law analysis of traditional healthcare services. The study contributes to strengthening administrative governance and improving legal protection in the regulation of traditional healthcare services in Indonesia.
Government Liability for Electronic-Based Government System Failures under Administrative Law : Tanggung Gugat Pemerintah atas Kegagalan Sistem Pemerintahan Berbasis Elektronik dalam Hukum Administrasi Yonatan Siahaan, Aprian
Mendapo: Journal of Administrative Law Vol. 7 No. 3 (2026): (2026) (In Progres)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/mendapo.v7i3.56082

Abstract

The implementation of the Electronic-Based Government System has transformed the delivery of public services while simultaneously expanding the government's legal obligations to ensure secure, reliable, and accountable digital governance. Nevertheless, recurring failures of electronic government systems have caused significant disruptions to public services and legal uncertainty regarding their qualification as governmental acts and the corresponding model of administrative liability. This study aims to examine the legal qualification of Electronic-Based Government System failures as governmental factual acts and to formulate the appropriate model of administrative liability under Indonesian Administrative Law. This normative legal research employs statutory, conceptual, and case approaches by analyzing legislation governing public administration, electronic systems, public services, personal data protection, and relevant administrative court decisions. The novelty of this study lies in three aspects: first, positioning failures of the Electronic-Based Government System as governmental factual acts (omission) subject to judicial review before the Administrative Court; second, establishing legal parameters for determining administrative unlawfulness based on statutory obligations and the General Principles of Good Governance; and third, developing an administrative liability framework through the doctrines of faute de service, faute personnelle, and cumul to determine institutional and personal responsibility. The findings demonstrate that failures of the Electronic-Based Government System constitute governmental factual acts when they result from administrative negligence in fulfilling statutory duties and the General Principles of Good Governance. Consequently, administrative liability is determined according to the source of fault, allowing responsibility to be imposed upon government institutions, individual public officials, or both, thereby strengthening legal accountability and judicial protection within Indonesia's digital public administration.
Transformation of Electronic Land Certificates as Government  Administrative Products from the Perspective of Administrative Law in Indonesia: Transformasi Sertifikat Tanah Elektronik sebagai Produk Administrasi Pemerintahan dalam Perspektif Hukum Administrasi Negara Hadiyanto, Ide Prima
Mendapo: Journal of Administrative Law Vol. 7 No. 3 (2026): (2026) (In Progres)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/ej1jdw29

Abstract

The digitalization of land administration through the issuance of electronic land certificates represents a transformation of government administration that not only changes the form of administrative documents but also affects the exercise and accountability of governmental authority. This study aims to examine the legal position of electronic land certificates as government administrative products, the legal basis and limits of the authority exercised by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency, and the application of the principle of legality and the General Principles of Good Governance in their issuance. This normative legal study employs statutory and conceptual approaches. Primary, secondary, and tertiary legal materials are analyzed qualitatively and prescriptively to examine the relationship between governmental authority, administrative procedures, data validity, electronic system reliability, and legal protection for the public. The findings demonstrate that an electronic land certificate constitutes a government administrative product resulting from the exercise of authority by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency. Its validity is determined not only by its legal basis but also by the legality of authority, procedural compliance, data validity and authenticity, electronic system reliability, and adherence to the General Principles of Good Governance. The novelty of this study lies in constructing the electronic land certificate as a government administrative product within a digital administrative ecosystem, thereby extending governmental responsibility beyond document issuance to encompass the integrity of the processes, data, and systems through which the product is generated. This finding contributes to Administrative Law scholarship by conceptualizing digitalization as a transformation in the exercise of governmental authority that requires stronger system security, process traceability, institutional capacity, mechanisms for administrative correction, and effective legal protection for the public.

Page 11 of 12 | Total Record : 112

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