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Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Published by Sekolah Tinggi Agama Islam (STAI) Yayasan Pendidikan Islam Qaimuddin (YPIQ) Bauabau
ISSN : 29882281     EISSN : 29882273     DOI : 10.59059
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Bidang kajian dalam jurnal ini termasuk ilmu politik, sosial ,hukum, dan humaniora. Fokus jurnal ini tentang kajian-kajian hukum perdata, hukum pidana, hukum tata negara, hukum internasional, hukum acara dan hukum adat.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 346 Documents
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Implementasi Tanggung Jawab Hukum Developer terhadap Wanprestasi dalam Perjanjian Pengikatan Jual Beli Perumahan Sari, Nopita
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 2 (2026): Juni: Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v4i2.3221

Abstract

The implementation of the Sale and Purchase Binding Agreement (PPJB) in housing transactions frequently gives rise to legal disputes due to delays in the handover of housing units and discrepancies between the agreed specifications and the delivered buildings. This study aims to analyze the implementation of developers' legal liability for breaches of contract arising from the execution of the PPJB. The research employed an empirical juridical method using a descriptive qualitative approach. Primary data were collected through interviews, while secondary data were obtained from legislation, legal literature, and scientific journals. The findings indicate that developers are legally obligated to fulfill all contractual obligations stipulated in the PPJB. Delays in the handover of housing units and discrepancies in building specifications constitute breaches of contract that give rise to legal liability in the form of performance fulfillment and compensation under the Indonesian Civil Code, Law Number 8 of 1999 concerning Consumer Protection, and Law Number 1 of 2011 concerning Housing and Settlement Areas. Strengthening developers' compliance with contractual obligations and enhancing government supervision are essential to ensure legal certainty and consumer protection in housing transactions.
Implementasi Prinsip-Prinsip Hukum Humaniter Internasional dalam Melindungi Korban Perang Kayus Kayowuan Lewoleba
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 3 (2026): September: Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v4i3.3203

Abstract

International Humanitarian Law is a set of international legal norms aimed at limiting the effects of armed conflict by protecting persons who are not or are no longer involved in hostilities and regulating the means and methods of warfare. Although the 1949 Geneva Conventions and their Additional Protocols provide a comprehensive legal framework, armed conflicts continue to cause casualties, mass displacement, destruction of civilian infrastructure, and serious human rights violations. This study aims to analyze the implementation of International Humanitarian Law principles in protecting victims of war and identify obstacles affecting their effective implementation. This study employs a normative juridical method using legislative, conceptual, and case approaches. The data consist of secondary legal materials, including international legal instruments, scientific literature, journals, and relevant documents from international organizations. The results show that the principles of Distinction, Proportionality, military necessity, and humanity are fundamental to protecting victims of war. However, their implementation faces challenges, including weak international law enforcement mechanisms, limited compliance by conflicting parties, political interests of states, and the development of modern warfare involving digital technology and autonomous weapons systems. Therefore, strengthening international cooperation, accountability through international judicial mechanisms, and dissemination of International Humanitarian Law are necessary to ensure more effective protection for victims of war.
Analisis Yuridis terhadap Sita Pidana dan Sita Umum pada Aset Koperasi Simpan Pinjam Sejahtera Bersama Anna Lusiana
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 2 (2026): Juni: Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v4i2.3213

Abstract

The asset seizure involving the Sejahtera Bersama Savings and Loan Cooperative brings into conflict the requirements of criminal evidentiary proceedings and the interests of members and creditors in recovering unpaid funds. This study analyzes the legal standing of criminal seizures versus general seizures, the legal consequences when both target the same assets, and resolution mechanisms that preserve asset value and the rights of interested parties. Employing a normative legal research method, the study utilizes statutory, conceptual, and analytical approaches to examine regulations, scholarly articles, institutional documents, and verifiable news reports. The case study is based on publicly available facts regarding the default, the implementation of the homologation agreement, criminal proceedings against management, and asset seizures, without relying on unavailable court judgment copies. The findings indicate that priority cannot be determined solely by the timing of the seizure or a dichotomy between public and private interests. Criminal seizures must be constrained by the asset's connection to the criminal offense, evidentiary needs, the value of the loss, and third-party protections, whereas general seizures operate collectively once bankruptcy criteria are met. The study proposes a functional priority approach involving integrated inventory, verification of ownership and the origin of funds, periodic evaluation of seizure necessity, and reconciliation of recovery proceeds. Such a mechanism can prevent indefinite asset control while simultaneously preserving a source of repayment for members and creditors.
Representational Completeness: A Legal Test for Performance Information Instruments, Applied to Police Records in Indonesia Ferroka Putra Wathan; Didi Jhondiani; Rafsandi Dimbara
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 2 (2026): Juni: Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v4i2.3232

Abstract

Article 19A(1) of Undang-Undang Nomor 5 Tahun 2026 makes police performance accountability a statutory duty, requiring professionalism, proportionality, transparency, and accountability. Although this duty is implemented through reporting instruments, no legal standard defines when such instruments are insufficient. This article addresses that gap by constructing a doctrinal benchmark. Three criteria of representational completeness—functional, temporal, and structural—are derived from the duty of due care in Article 10(1)(d) of Undang-Undang Nomor 30 Tahun 2014, three components of Peraturan Presiden Nomor 29 Tahun 2014, and three administrative court rulings restated as duties of office. Each criterion is operationalized through an indicator observable directly from the reporting instrument. The framework is tested doctrinally and empirically using crime and clearance records from one district police command and two subordinate sector commands in South Sumatra (2022–2025), supported by eight service-chain interviews. The assessment targets the reporting instrument rather than organizational performance. All three indicators reveal deficiencies: no field links crime records with the preventive-work reporting regime; 139 offences recorded over ten months are presented as annual figures without distinguishing absent events from absent entries; and subordinate totals exceed superordinate totals (51 versus 43; 10 versus 3) without any statement of reporting scope. As these deficiencies arise from the reporting artefact itself, additional personnel or funding cannot resolve them. The appropriate remedy is regulatory anchoring de lege lata, and the criteria are transferable to any public agency reporting through aggregate data.
Keadilan Kewarisan Beda Agama: Integrasi Maqāṣid Al-Sharī‘Ah dan Hukum Positif Indonesia Enung Herningsih; Santi Suryani; Sandra Leoni Prakasa Yakub; Novia Laela; Ahmad Saeful Rahman
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 2 (2026): Juni: Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v4i2.3241

Abstract

Cross-religious inheritance remains a contested legal issue in Indonesia because it involves the tension between classical Islamic inheritance doctrine, which generally prohibits inheritance between individuals of different religions, and the demand for substantive justice in a pluralistic society. The development of judicial practice through the application of wasiat wajibah (mandatory bequest) reflects an effort to harmonize Islamic law with Indonesian positive law while maintaining the fundamental principles of Sharīʿah. This study aims to examine cross-religious inheritance from the perspective of Islamic law and analyze the formulation of Indonesian positive law in achieving justice through the wasiat wajibah mechanism based on the maqāṣid al-sharīʿah approach. This study employs normative legal research using statutory, conceptual, case, and comparative approaches. Legal materials consist of primary sources, including legislation, the Compilation of Islamic Law, and Supreme Court decisions, as well as secondary sources from books, scholarly journals, and relevant literature. The materials were analyzed qualitatively using descriptive-analytical methods. The findings indicate that although the prohibition of cross-religious inheritance retains normative legitimacy in Islamic jurisprudence, wasiat wajibah represents a form of legal ijtihād that balances Islamic legal principles with substantive justice. From the perspective of maqāṣid al-sharīʿah, this mechanism can protect religion, property, and family relationships. Therefore, stronger legal regulation is needed to ensure consistent legal certainty and equitable protection in Indonesia's pluralistic society.
Nikah Panikahkon pada Masyarakat Padang Lawas Utara di Tinjau dari Kompilasi Hukum Islam Harunal Rasyid Pirdaus Siregar; Fatimah Fatimah
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 2 (2026): Juni: Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v4i2.3244

Abstract

Marriage in Islam is a sacred bond based on the mutual consent of both prospective spouses in order to establish a family characterized by sakinah, mawaddah, and rahmah. However, in customary societies, forced marriage practices are still found, one of which is the panikahkon tradition in Padang Lawas UtaraRegency. This custom is applied as a social sanction against couples considered to have violated customary norms, particularly in cases of seclusion (khalwat) and adultery, by obligating them to marry. This study aims to analyze the factors underlying the persistence of the panikahkon practice, examine the perspective of the Compilation of Islamic Law toward this tradition, and identify its social, legal, and moral impacts on the Padang Lawas Utara Utaracommunity. This research employs an empirical juridical method with a qualitative descriptive approach. Data were collected through observation, interviews with customary leaders, religious leaders, community members, and documentation related to the panikahkon practice. The analysis was conducted by examining the conformity between the existing customary practice and the provisions contained in the Compilation of Islamic Law as well as Indonesian positive law. The results of the study indicate that the panikahkon practice continues to be maintained due to the strong influence of customary culture, efforts to preserve family honor, limited public understanding of the law, and the belief that marriage is a form of moral responsibility for the violations committed. From the perspective of the Compilation of Islamic Law, the panikahkon practice contradicts the fundamental principles of marriage because it is not fully based on the consent of both prospective spouses as stipulated in Articles 16 and 17 of the Compilation of Islamic Law. Furthermore, forced marriage practices have the potential to create negative impacts, including disharmony in the household, social conflict, psychological pressure, and violations of individual rights. Therefore, harmonization between customary law and Islamic law is necessary so that customary values can be preserved without neglecting the principles of justice, public welfare, and the rights of the prospective spouses in marriage.
Pengaturan Pembayaran Jaminan Hari Tua Berbasis Keadilan di Indonesia Kadek Dedy Suryana; Komang Edy Dharma Saputra; Ni Kadek Dwi Anggianti
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 2 (2026): Juni: Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v4i2.3245

Abstract

One of the objectives of establishing the Unitary State of the Republic of Indonesia as stated in the Preamble to the 1945 Constitution of the Republic of Indonesia is to improve the welfare of the people. This welfare must be enjoyed in a sustainable, fair, and equitable manner that reaches the entire population. Every citizen has the right to social security that enables their full development as a dignified human being; this right is guaranteed by the 1945 Constitution of the Republic of Indonesia, specifically under Article 28H paragraph (3) and Article 34 paragraph (2). Social security is also guaranteed by the 1948 United Nations Declaration of Human Rights and affirmed by International Labour Organization (ILO) Convention No. 102 of 1952, which urges all nations to provide minimum protection for every worker. The national social security system is essentially a state program aimed at providing guaranteed protection and social welfare for all Indonesian people. Through this program, every resident is expected to be able to meet their basic living needs should events occur that result in a loss or reduction of income such as illness, accidents, job loss, reaching old age, or retirement. The government implements social security through several programs, one of which is the Old-Age Security Program (Jaminan Hari Tua). Old-age security consists of a cash benefit paid as a lump sum when a participant retires, passes away, or suffers total permanent disability. The Old-Age Security Program is designed to provide protection when an individual enters old age or retirement and no longer has an income; hence, it is termed "old-age security".
Hakim Pengganti Mahkamah Konstitusi I Nyoman Suandika; Komang Edy Dharma Saputra; Ni Made Rit Meidyana
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 2 (2026): Juni: Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v4i2.3248

Abstract

Article 47 of the Constitutional Court Law stipulates that a Constitutional Court decision has permanent legal force upon its pronouncement in a plenary session open to the public. This assertion raises the question of why legal remedies are not possible to correct a Constitutional Court decision, should an error occur. To achieve legal certainty, will the erroneous decision be enforceable indefinitely? The research question is: What is the rationale underlying the granting of permanent legal force to a Constitutional Court decision upon its pronouncement in a plenary session open to the public? This research employs normative legal research, employing statutory, conceptual, historical, and comparative approaches. The legal materials used are primary, secondary, and tertiary legal materials. The legal materials were collected through document study. The legal materials were analyzed using descriptive and analytical techniques. The results of the study show that, the rationale underlying the granting of the permanent legal force of the Constitutional Court's decision since after it has been pronounced in a public plenary session is because the case submitted to the Constitutional Court is a case related to state administration so that it requires a quick decision and is bound by time limits so as not to disrupt the continuity of other state administration agendas. The possibility of a judicial review of the Constitutional Court's decision, viewed from a normative perspective, is not possible because Article 47 of the Constitutional Court Law states that the Constitutional Court's decision is permanent since it is pronounced in a public plenary session, and is further emphasized in the explanation of Article 10 number (1) that it is permanent, meaning that no legal action can be taken. furthermore in the Regulation of the Constitutional Court of the Republic of Indonesia Number 06/PMK/2005 concerning Guidelines for Proceedings in Cases of Judicial Review. There is no term for judicial review.
Penerapan Pasal 316 Ayat (1) UU No. 1 Tahun 2023 Tentang KUHP terhadap Perbuatan Mabuk di Muka Umum : Studi di Kota Rantauprapat Maria Arfah Nasution; Zulpahmi Lubis
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 3 (2026): September: Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v4i3.3260

Abstract

This research is motivated by the enactment of Law Number 1 of 2023 on the Criminal Code, particularly Article 316 paragraph (1), which regulates public intoxication as a crime against public order. Although this provision has come into force, its implementation at the regional level remains understudied, particularly from the perspective of Islamic criminal law. This study aims to analyze the application of Article 316 paragraph (1) in the City of Rantauprapat, identify the supporting factors and obstacles in its implementation, and examine the provision from the perspective of Islamic criminal law. This study employs an empirical legal research method with a qualitative approach. Primary data were obtained through interviews with officers of the Labuhanbatu Police Resort, neighborhood heads, and community leaders, as well as field observation, supported by secondary data in the form of legislation, official documents, and relevant literature. Data collection techniques included interviews, observation, and documentary study. The findings indicate that during the research period, based on the statements of law enforcement officers and the data collected, no application of Article 316 paragraph (1) was found in practice, given the absence of cases fulfilling the elements of the offense as well as the minimal number of reports filed by the community to the police. Case resolution was predominantly carried out through mediation by neighborhood heads using a familial approach. From the perspective of Islamic criminal law, intoxication is prohibited as it contravenes the objective of sharia in safeguarding the intellect (ḥifẓ al-'aql).
Implementasi Pembangunan Prasarana Penyediaan Sumber Air dalam Perspektif Siyasah Tanfidziyah : (Studi di Desa Tanjung Anom Kecamatan Terusan Nunyai Lampung Tengah) Ghefira Irzani; Marwin; Dani Amran Hakim
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 3 (2026): September: Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v4i3.3263

Abstract

This study aims to analyze the implementation of Article 78 of Law Number 6 of 2014 concerning village infrastructure development in fulfilling community needs and to examine it from the perspective of Siyasah Tanfidziyah. Village infrastructure development is an important aspect of village governance aimed at improving community welfare by fulfilling basic public needs, as mandated in Article 78 of Law Number 6 of 2014 concerning Villages. One form of its implementation in Tanjung Anom Village, Terusan Nunyai District, Central Lampung Regency, is the construction of water storage towers (toren air) to provide clean water during the dry season. However, several obstacles have reduced the effectiveness of their utilization. This research employed a descriptive qualitative field research approach. Data were collected through observation, interviews, and documentation involving the village head, village officials, and community members. The findings indicate that the implementation of Article 78 has been realized through the construction of six water storage towers, consisting of five units serving the five hamlets and one unit supporting agricultural activities. Nevertheless, their utilization has not been optimal due to high electricity costs, damage to pumps and pipelines, and continuous maintenance requirements. Consequently, the village government has developed a reservoir (embung) as a more effective alternative for water supply. From the perspective of Siyasah Tanfidziyah, the village government has fulfilled its responsibility to provide public facilities for the welfare of the community, although improvements in infrastructure management and sustainability are still required

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