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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 106 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) (In Progres)
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) (In Progres)
Publisher : Fakultas Hukum Universitas Jambi

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

Abstract

This study examines the legal protection of notaries against administrative sanctions imposed by the Notary Supervisory Council, specifically analyzing the ambiguity of norms in Article 7 paragraph (1) of Minister of Law and Human Rights Regulation Number 15 of 2020. The research identifies that the undefined phrase "aggrieved party" creates legal uncertainty in notary supervision practices. Using normative juridical research methods with statute, conceptual, and case approaches, this study comparatively analyzes Jakarta Administrative Court Decision Number 25/G/2025/PTUN.JKT (Anne Djoenardi case) and Jakarta Administrative Court Decision Number 235/G/2019/PTUN.JKT along with its appellate decisions (Muhammad Irsan case). The findings reveal that the norm's ambiguity allows processing of complaints from parties without legal standing, potentially leading to unjust administrative sanctions. The study demonstrates that preventive legal protection through regulatory clarity and repressive legal protection through Administrative Courts are essential for ensuring due process of law for notaries. The research concludes by proposing explicit criteria for defining "aggrieved party" and mandatory legal standing verification mechanisms in early examination stages.
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) (In Progres)
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) (In Progres)
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) (In Progres)
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.

Page 11 of 11 | Total Record : 106

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