JIHAD : Jurnal Ilmu Hukum dan Administrasi
Journal title : JIHAD: Jurnal Ilmu Hukum dan Administrasi Initials : JIHAD Abbreviation : JIHAD Frequency : 4 issue pertahun (Maret, Mei, September & Desember) DOI : Doi Prefix 10.58258 ISSN : 2745-9489 (Cetak), 2746-3842 (Elektronik) Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala Editor In Chief : Noni Antika Khairunnisah, S.Pd., SE., MM Indexed : Google Scholar, Garuda, Sinta JIHAD: Jurnal Ilmu Hukum dan Administrasi merupakan jurnal ilmiah yang fokus pada bidang hukum dan administrasi yang diterbitkan oleh penerbit LPP Mandala Jihad: Jurnal Ilmu Hukum dan Administrasi menerbitkan tentang disiplin ilmu (Sosiologi Hukum, Sejarah Hukum, Hukum Komparatif) dan Administrasi seperti administrasi negara, pemerintahan, Administrasi Niaga, Ilmu Kenotariatan, Administrasi Agraria. diterbitkan sejak tahun 2020. Mulai Tahun 2024 terbit dengan periode penerbitan sebanyak 4 (empat) kali dalam setahun, yaitu bulan Maret, Mei, September dan Desember. JIHAD: Jurnal Ilmu Hukum dan Administrasi Akresitasi Sinta 6 Kementerian RIstek Dikti
Lembaga Penelitian dan Pendidikan (LPP) Mandala
Ethical Review of Telemedicine Practices in Healthcare Services in Indonesia Using the Natural Law Theory Approach
The lack of comprehensive integration between ethical and legal dimensions in the regulation and practice of telemedicine in Indonesia highlights the need for in-depth analysis based on the principles of Natural Law to ensure justice, patient rights protection, and medical accountability. This study employs a descriptive qualitative method with a conceptual approach grounded in Natural Law Theory to assess the extent to which telemedicine regulations reflect universal moral values. The findings indicate that telemedicine development must be rooted in core medical ethics principles such as justice, beneficence, non-maleficence, autonomy, and patient privacy, principles that represent expressions of natural moral law. According to Thomas Aquinas, health policies that deviate from these moral principles lose their legitimacy as they contradict reason and the common good. Therefore, telemedicine policy must not only focus on technical aspects and efficiency but also uphold human dignity and justice. This Natural Law approach enables Indonesia to build a technology-based healthcare system that is not only legally valid but also fundamentally moral and just.
Copyright (c) 2025 Aris Prio Agus Santoso, Sukendar Sukendar
Criminal Liability for Perpetrators of Illegal Two-Wheeled Motorized Vehicle Racing in Gorontalo City
Many violations of the law and crimes that occur in Indonesia, these violations or crimes can occur because of the lack of legal awareness in themselves. In criminology, crime means certain actions or deeds that are not approved by society. an action or negligence in acting, Seeing cases of traffic violations in the form of illegal racing, basically illegal racing is motorbike racing that is carried out illegally. The vehicles used are also not equipped with safety and security standards, this motorbike racing activity is usually carried out without using driving safety and security standards. This study uses an Empirical legal research method using a legal research method whose empirical facts are taken from human behavior, both verbal behavior obtained from interviews and real behavior carried out through direct observation. Empirical research is also used to observe the results of human behavior in the form of physical remains and archives. The results of the study show; Review of Law No. 22 of 2019 concerning Traffic and Road Transportation The implementation of the law related to illegal racing in Gorontalo City is considered ineffective and not in line with the desired expectations. Although many drivers violate traffic rules and types of vehicles, the police continue to take action in accordance with Law Number 22 of 2019 by providing warnings. If the warning is ignored, violators will be subject to sanctions in accordance with legal provisions. The role of the police is vital in enforcing the law and maintaining public order. They have the responsibility to resolve conflicts or violations in accordance with the provisions of the Police Law as regulated in Law Number 2 of 2002, articles 13, 14, 15, and 16, by maintaining order, ensuring security, providing assistance to the community, and arresting lawbreakers in their area
Copyright (c) 2025 Mohamad Iqbal Abdullah
Evaluation of the Impact of Public Service Development Programs in Boliyohuto District, Gorontalo Regency
The purpose of this study is to ascertain the effects of public service development initiatives. The research methodology combines a descriptive research design with a qualitative approach. The community, the heads of Sidomulyo and Sidodadi villages, the district secretary, and the head of Boliyohuto district served as the main sources of data for this study. Methods for gathering research data include documentation, interviews, and observation. According to the research findings, two indicators—political and administrative feasibility—are optimal, while three indicators—effectiveness, efficiency, and justice—are not yet at their best because a number of elements still need to be improved. Though not yet completely functional, the development of publik services in Boliyohuto District has been executed well. Since the people are the ones who experience this influence, several things still need to be adjusted in order for the publik services development in Boliyohuto District to proceed smoothly. Based on the research results, it can be concluded that of the five evaluation indicators, researchers found three indicators that were not optimal, including effectiveness, efficiency, and justice. Then there are two indicators that have been running optimally, including political feasibility and administrative feasibility.
Notary's Responsibility for Signing A Blank Deed of Agreement
The background is the practice of agreements for building shophouses which are stated in the Deed of Agreement through blank forms made before a Notary. The issue that arises then is whether the agreement can be accepted in positive law. The problem in this journal discusses how the Notary's Responsibility for the Deed of Agreement through blank forms and How the Legal Protection for the injured party is for the Deed that is canceled, which aims to gain an understanding regarding the validity of the Deed of Agreement. The method used is Normative Jurisprudence, Conceptual Approach Type, Using Data Collection Methods with Literature studies related to Laws and Regulations, and the Research Specifications used are Descriptive Techniques that focus on solving legal problems and events. The results of this study explain that the Notary's responsibility in making a deed of agreement through blank forms is very large, including civil, criminal, and administrative responsibilities. Legal protection for parties to a deed of agreement that is canceled by law is based on the principle of justice and legal certainty guaranteed by statutory regulations.
Copyright (c) 2025 Sita Farahiani, Sri Wahyu Handayani
Legal Validity of Credit Agreement Deeds Not Made Before a Notary
Legislation requires the making of authentic deeds to be carried out in realizing the achievement of welfare, as well as legal protection for the Community according to their needs. Therefore, bank officials must ensure that all legal aspects related to the credit agreement have been completed and have provided adequate protection for the bank. Credit agreements at banks can be made by making private deeds and also with authentic deeds made by a notary. Credit agreements using notarial deeds are usually carried out after the procedures and methods for implementing a credit feasibility survey to the debtor have been approved by the bank. Therefore, the making of authentic notarial deeds in the case of bank credit agreements is read by a notary to the parties, with the aim that the parties making the agreement gain a clear understanding of the matters contained or the material of the credit agreement. The role of a notary in the preparation of credit agreement deeds carried out by the banking party is as an official authorized to prepare credit agreement deeds. Furthermore, the notary also plays a role in checking the guarantee of the object to which the mortgage is attached in terms of guaranteeing the legality of the object in order to avoid risks and anything that could possibly cause legal problems with the guaranteed object so that no party feels disadvantaged.
Copyright (c) 2025 Silvira Rossa Isvandrya
Responsibility of PPAT in Preventing Transfer of Land Rights that Violates the Principle of Prudence
In every land sale and purchase transaction, the existence of a Land Deed Official (PPAT) plays a key role. PPAT is not only a registrar, but also a guarantor of the legality of the land rights transfer process. One of the fundamental principles that must be upheld by PPAT is the principle of caution, namely a professional attitude to always check the validity of documents and the legality of objects before making a deed. However, in practice, it is not uncommon to find PPATs who ignore this principle. For example, making a deed for land that is still in dispute, does not have a certificate, or using the identity of an unauthorized party. Violations such as this not only harm the profession, but also have an impact on legal and financial losses for the parties involved. Therefore, it is important to examine more deeply the responsibilities of PPAT in preventing violations of the principle of caution. The PPAT is required to read the deed to the relevant parties and provide an explanation regarding the contents and purpose of making the deed, the PPAT deed must be read/explained to the parties in the presence of at least 2 (two) witnesses before being signed immediately by the parties, witnesses and the PPAT. One of the principles of caution is regulated in Article 22 of Government Regulation Number 37 of 1998 as amended by Government Regulation Number 28 of 2006 concerning Amendments to Government Regulation Number 37 of 1998 concerning Regulations on the Position of Deed Making Officials that the PPAT Deed must be read/explained to the parties in the presence of at least 2 (two) witnesses before being signed immediately by the parties, witnesses and the PPAT. Therefore, if the PPAT does not use the principle of caution, then the legal consequences of the deed made by the PPAT can be canceled by the party who feels aggrieved and can even go to court.
Legal Consequences Against Forgery of Signatures in the Deed of Sale and Purchase Issued by the Land Deed Maker's Office (PPAT)
The Land Deed Making Official as the official authorized to issue the Authentic Deed is obliged to examine the correctness of the documents that are a requirement in the issuance of the Sale and Purchase Deed. In practice, there are Land Deed Making Officials who ignore the obligation to examine the documents brought by the appearers as in the case of Muslim in Decision Number 538/Pid.B/2019/PN.Pdg where there is forgery of signatures by the parties in the approval of the making of the Deed. Sale and Purchase, the statement of the reporting witness which was later corroborated by the results of the criminalistic laboratory examination showed that the signature in the Sale and Purchase Deed was declared non-identical to the actual signature, as a result the Sale and Purchase Deed caused losses to the other party. Based on these problems, it raises the question of what are the legal consequences of the proof of falsification of signatures in the Sale and Purchase Deed issued by the Land Deed Making Official and how the Land Deed Maker Officer applies the precautionary principle in making the Sale and Purchase Deed. The research method used is normative juridical research using a law approach and a case approach using data collection methods through documentation studies and literature studies on court decisions. The results of the research are that if the deed of sale and purchase occurs forgery of signatures, the certificate and deed of sale and purchase are declared null and void. A Land Deed Official in making an authentic deed must pay attention to the principle of prudence, one of which is by requiring the parties to be present in person and check the authenticity of the parties' identities in order to prevent identity
Environmental Law Enforcement Against Drug Abuse Against Children
Children are the hope of the nation. As the next generation, continuous guidance and protection are needed for the sake of survival, growth and physical, mental, social development as well as protection from all possibilities that will endanger them (children) and in the future. Narcotics and other illegal drugs are one of the triggers for the destruction of children. Children are often the target of drug dealers, because children are still unstable, easily influenced so that they have the potential to be trapped in the abuse of illegal drugs such as narcotics. Children as drug abusers are only victims. So it is not appropriate for the state to give punishment by considering child abusers the same as adult criminals (dealers) who are real. In the juvenile criminal justice system in Indonesia, children as drug abusers still undergo the trial process. The trial process is to hold children accountable. Even though they are undergoing the trial process, children should still receive protection. The consideration of child drug abusers getting protection, because it is believed that child drug abuse does not entirely come from the child, but rather from the influence of the surrounding environment. Rehabilitation is a process of recovering someone from drug use disorders, this recovery is short-term or long-term. The goal is to restore the individual's function in society. Victims of drug abuse in society lately tend to increase not only in groups of people who are able, but have also spread to the less able community both in cities and villages.
Responsibilities of Land Deed Officials in Making Sale and Purchase Deeds Without the Approval of the Rights Holder on the Land Certificate
Legal certainty is a key pillar of law enforcement in Indonesia, especially in resolving land ownership disputes. This study examines the Marabahan District Court Decision, which reflects the complexity of resolving disputes related to updating ownership certificate data after a legitimate sale and purchase transaction. This conflict involved the buyer, seller, and the National Land Agency (BPN) due to the failure to update ownership data. The absence of the defendant further exacerbated the legal uncertainty faced by the plaintiff. The court's decision to grant the plaintiff's lawsuit demonstrates the importance of legal and administrative reforms in the land registration system in Indonesia. This study provides a comprehensive overview of the role of legal procedures, public awareness, and institutional responsibility in achieving legal certainty in resolving land disputes. This study discusses the role and responsibilities of PPAT in ensuring the validity of the land sale and purchase process, especially in cases where the land certificate is still registered in the name of another and the legal implications for PPAT and the parties involved if there is negligence in recording the transfer of land certificates, as regulated in Indonesian laws and regulations related to land. This study uses a normative juridical method, a conceptual approach through a doctrinal view, a data collection method using literature studies and the research specifications used are analytical perspective techniques. And the data analysis method uses qualitative analysis.
Legal Responsibility for Notaries for Deeds of Agreement Made Privately on Blank Forms
The issue that arises then is whether the agreement can be accepted in positive law. The problem in this journal discusses how the Notary's Responsibility for the Deed of Agreement through blank forms and How the Legal Protection for the injured party is for the Deed that is canceled, which aims to gain an understanding regarding the validity of the Deed of Agreement. The method used is Normative Jurisprudence, Conceptual Approach Type, Using Data Collection Methods with Literature studies related to Laws and Regulations, and the Research Specifications used are Descriptive Techniques that focus on solving legal problems and events. The results of this study explain that the Notary's responsibility in making a deed of agreement through blank forms is very large, including civil, criminal, and administrative responsibilities. Legal protection for parties to a deed of agreement that is canceled by law is based on the principle of justice and legal certainty guaranteed by statutory regulations.
Copyright (c) 2025 Marsa Latifa Putri Rachmayanti
Considering the Effectiveness of Local Democracy After the Separation of Elections: A Normative and Empirical Study of Constitutional Court Decision 135/PUU-XXII/2024
Abstract: The Constitutional Court Decision Number 135/PUU-XXII/2024 has significantly reshaped Indonesia’s electoral architecture by mandating the separation of national and local elections. This study aims to assess the effectiveness of local democracy following this separation, using both normative and empirical approaches. The findings suggest that while separating elections may enhance voters’ focus on local issues, it also presents challenges related to budgetary burden, continuity of implementation, and regulatory complexity. The study recommends the harmonization of electoral regulations and the strengthening of electoral human resources capacity to ensure the sustainability of quality local democracy.
Analysis of the Legal Certainty of the Issuance of Building Rights Certificates on Sea Areas Based on Government Regulation Number 18 of 2021
This study discusses the issue of legal certainty regarding the issuance of Building Use Rights (HGB) certificates over maritime areas, which has become a legal controversy in Indonesia. The background of this study is the emergence of conflicting interpretations between the agrarian law system, which strictly limits the object of HGB to land, and the increasing practice of granting HGB over sea areas, as illustrated by the case of HGB issuance in the waters of Sidoarjo Regency. The purpose of this research is to analyze the validity and legal certainty of issuing HGB certificates in maritime areas from the perspective of Government Regulation No. 18 of 2021 (PP 18/2021). Using a normative legal research method with a statutory and conceptual approach, this study examines the formal and material legality of HGB issuance based on existing legal norms. The discussion focuses on the discrepancy between the definition of “land” in agrarian law and the classification of “sea” in maritime law, which are governed by different legal regimes. The findings of the study indicate that sea areas, which are part of public spaces regulated Under maritime law, cannot legally be granted HGB unless they have undergone a reclamation process and have been formally designated as state land through administrative procedures. The issuance of HGB over unreclaimed maritime areas leads to administrative defects, violates the principle of legal certainty, and risks harming public interests, particularly the rights of coastal communities. The study concludes that the practice of issuing HGB in maritime areas is legally invalid and recommends regulatory harmonization and strict law enforcement to prevent similar legal violations and to ensure justice and certainty in Indonesia’s land administration system.
Copyright (c) 2025 Lola Ledy Melia Diana
Implementation of the Principle of Nationality in Sales and Purchases Through Nominee Agreements Regarding Land Rights In Indonesia
This research analyzes the complexity of applying the principle of nationality in buying and selling land rights in Indonesia, especially regarding the practice of nominee agreements. This principle, which limits land ownership to Indonesian citizens and national legal entities, is often circumvented by nominee agreements where Indonesian citizens act as formal owners, but substantive control is in the hands of foreign parties. The research results show that this practice is legal smuggling which is detrimental to agrarian sovereignty, creates legal uncertainty, and has the potential to trigger abuse. Therefore, stronger law enforcement, strict supervision and strict sanctions are urgently needed to maintain the integrity of the principle of nationality and prevent similar practices in the future.
Legal Protection for Land Rights Holders in Land Disputes Over Customary Land Based on Girik Case Study of PK Decision Number 1169 Pk/Pdt/2023
This thesis analyzes the complex land issues in Indonesia, particularly concerning adat land disputes based on girik ownership in the face of a dominant, centralized national land law system. As an agrarian nation with diverse traditional land ownership systems, Indonesia frequently encounters conflicts between adat rights and state or private interests. Girik, a traditional proof of land control, is often not fully recognized by the modern legal system, even though Law No. 5 of 1960 on Basic Agrarian Principles has accommodated ulayat rights. This research focuses on the dispute between Lumin Tuningtyas (girik holder) and Desyanto (Certificate of Ownership/SHM holder) in East Jakarta. The case highlights the discrepancy between customary law recognition and positive law. Lumin Tuningtyas filed a lawsuit based on inherited girik ownership, while Desyanto defended his ownership based on an SHM registered with the National Land Agency (BPN). Although the District Court initially granted part of Lumin Tuningtyas's claim, the decision was overturned at the appellate level, and the Supreme Court rejected Lumin Tuningtyas's cassation and judicial review (PK) requests. In its PK decision No. 1169 PK/PDT/2023, the Supreme Court affirmed that a certificate registered with the BPN is the legitimate proof of ownership, while girik is only considered proof of control. This ruling underscores the necessity of a multidimensional approach to adat land disputes, one that not only relies on positive legal instruments but also considers the historical, anthropological, and sociological aspects of indigenous communities. This thesis argues that court decisions, which tend to be centralized and state-oriented, need to be transformed into a legal paradigm that is more responsive to the rights of indigenous communities and the principle of substantive justice. This research aims to dismantle less responsive legal practices and encourage systemic change in handling land disputes in Indonesia, in order to uphold justice and build a more humane legal system.
Copyright (c) 2025 Melania Indiana Putri Firmansyah, Sri Wahyu Handayani
Legal Responsibilities for Notaries Who Draw Nominee Agreement Deeds Relating to Ownership of Land Rights by Foreign Citizens in Bali
The objective of this research is to identify the various forms of notary liability for deeds that indicate legal smuggling due to their contradiction with the prevailing laws and regulations in Indonesia. The research method used is a normative juridical method with statutory, case, and analytical approaches. As we know, Indonesia’s agrarian law, as stipulated in the Basic Agrarian Law (UUPA), adheres to the principles of nationality and national sovereignty. This principle is enshrined in Article 9 paragraph (1) of the UUPA, which states that only Indonesian citizens may have a full legal relationship with land, water, and space, within the boundaries specified by law. However, to circumvent this regulation, parties often engage in land sale and purchase agreements using a nominee agreement or name-lending arrangement. Such actions may be classified as legal smuggling in the agrarian sector. A notary who participates in such legal smuggling by drafting deeds containing nominee agreements can also be held liable for the consequences of their actions.
Copyright (c) 2025 Rayhan Zhafrandy Kamalrullah
Reconstruction of the Election System Following Constitutional Court Decision Number 135/PUU-XXII/2024: A Legal-Normative Review of the Separation of National and Regional Elections
The Constitutional Court Decision Number 135/PUU-XXII/2024 marks a significant milestone in the reconstruction of Indonesia’s electoral system, particularly concerning the separation between national elections—including the presidential, DPR, and DPD elections—and regional elections for governors, regents/mayors, and local legislative councils (DPRD). This article focuses on analyzing the normative and institutional implications of the decision and its impact on the legal architecture of elections in Indonesia. Employing a normative juridical approach and drawing comparative insights from electoral systems in other democratic countries, this study finds that the separation of elections has the potential to enhance substantive democratic quality, improve voter focus, and reduce the technical and administrative burden on electoral bodies. Nonetheless, such a policy demands a comprehensive restructuring of the legal framework, including institutional design, the sequencing of electoral stages, and regulatory harmonization between central and regional authorities. Thus, the findings of this research serve as a conceptual foundation for advancing an electoral system that is more effective, representative, and aligned with democratic integrity principles.
Copyright (c) 2025 emha NASKAH BUKU _MH. isnaeni
Evaluation of the Negative List for Investment in Historical Temple Objects: A Double-Edged Sword
This research will recommend the government regulate the service sector of operating historical and archaeological tourism as a closed business sector. Law No. 25 of 2007 and the Presidential Regulation No. 44 of 2016 has classified this matter as a business sector that is closed to investment. But Law No. 11 of 2020 and Presidential Regulation No. 10 of 2021 provide an opportunity for investors to invest in the field of service operations for historical and archaeological tourism. These laws open job opportunities and provide foreign exchange for the state from tourism at historical sites such as temples. However, the increase in investment also attracts more visitors, which could potentially harm the preservation of the Temple. This research will evaluate both Law No. 11 of 2020 and Presidential Regulation No. 10 of 2021. The evaluation will suggest how Presidential Regulation No. 49 of 2021 should regulate the classification of the field of services for the operation of historical and archaeological heritage tourism. The business sector should be classified as a closed business sector to fulfil the rights of future generations to historical knowledge.
Copyright (c) 2025 Ronaldo Heinrich Herman
The Potential For Double Jeopardy Violations In The Regulation of The Imposition of Cumulation Of External Sanctions For Violations Of Space Utilization
Spatial planning provisions regulate the cumulative external sanctions for acts of violation of space use. This article aims to analyze potential violations of the double jeopardy principle of these provisions. This research is important considering that spatial planning plays an important role in realizing the welfare of the Indonesian people by the mandate of the state constitution so that law enforcement must be implemented appropriately without violating legal principles. The research results show that there is indeed a potential violation of the double jeopardy principle in the regulation, due to the developments of administrative and criminal sanctions nature. To overcome this, it’s necessary to reformulate the legal provisions of spatial planning and implement a cumulation of external sanctions that give more attention to legal principles.
Copyright (c) 2025 Clarisa Permata Hariono Putri, Wafia Silvi Dhesinta Rini
Responsibilities of Local Governments in Creating a Child-Friendly City in Gorontalo City
The government, through Regional Regulation (Perda) of Gorontalo City Number 7 of 2019 concerning the Implementation of Child-Friendly Cities, has promoted the establishment of Child-Friendly Cities (KLA) in Gorontalo City. This study aims to determine the implementation of the Gorontalo City government's responsibilities in realizing child-friendly cities. And what obstacles are faced in implementing the Gorontalo City government's responsibilities in realizing child-friendly cities. Using the Normative-Empirical Legal research method (applied law research), which is a research that uses normative-empirical legal case studies in the form of legal behavior products, with the research results Implementation of the responsibility of the Gorontalo City Regional Government in realizing a Child-Friendly City in terms of policy. The regional government has developed a number of policies that regulate the protection, fulfillment of children's rights to education, health, and participation, as well as empowering institutions related to children such as the Children's Forum and Integrated Posyandu and Implementation of the responsibility of the Gorontalo City Regional Government in realizing a Child-Friendly City in terms of activity programs in fulfilling children's rights. The Gorontalo City Regional Government has implemented various activities aimed at fulfilling children's basic rights, such as education, health, protection, and participation
Law Enforcement Against the Sale of Alcoholic Beverages in Gorontalo City
Alcoholic beverages are basically a form of disruption to the lives and livelihoods of the community, therefore, philosophically, in supervising and regulating the sale of alcoholic beverages circulating in the Gorontalo City area, the Gorontalo City Government has formed regulations that can provide comfort and order for the community. This study uses the empirical research method (field research) or field research, namely research whose objects are regarding symptoms, events, and phenomena that occur in society, institutions or countries that are non-library by looking at. With Research Results In an effort to overcome the circulation of alcoholic beverages, the Police will make 3 (three) efforts, namely: preventive efforts, preventive efforts and repressive efforts
Copyright (c) 2025 Chyntiya Permatasari Laode
Fulfillment of Citizens' Constitutional Rights In the Perspective of BPJS Kesehatan Services
This study aims to examine the fulfillment of citizens' constitutional rights in obtaining health services through BPJS Kesehatan membership and identify what factors hinder the health services of BPJS Kesehatan participants. Using an empirical juridical research method that focuses on the implementation of Law Number 24 of 2011 concerning BPJS and Law Number 17 of 2023 concerning Health. The main data used questionnaire, interview and observation data. The results of the study concluded that the fulfillment of citizens' constitutional rights in the health sector, such as promotive, preventive and curative efforts, has been carried out in accordance with existing regulations. Limited facilities and community conditions are an inhibiting factor. Suggestions in the research, so that BPJS Kesehatan can optimize BPJS Mobile services and educate the public to register for BPJS Kesehatan Online. Further research is suggested to analyze the empirical juridical aspects related to the effectiveness of mobile BPJS services for rural communities.
Legal Protection for Child Victims of Cyberbullying on Social Media According to the Ite Law and the Child Protection Law Case Study Number 71/PID.SUS/2023/PN PDL (ITE)
Social media in the digital era is like a double-edged sword: on one side, it facilitates communication, but on the other, it can cause harm, particularly when children become victims of cyberbullying. This research focuses on Legal Protection for Children Victims of Cyberbullying on Social Media based on Law No. 19 of 2016 concerning Electronic Information and Transactions (EIT Law) and the Child Protection Law, with a case study of Court Decision No. 71/Pid.Sus/2023/PN Pdl. The background of this study lies in the increasing number of cyberbullying cases that result in serious psychological impacts, such as depression and decreased academic motivation. The objective of this research is to describe the forms of legal protection provided under both laws and to examine their implementation in the verdict of the Pandeglang District Court. The methodology employed is normative and empirical juridical research, involving literature review, analysis of statutory regulations, and examination of related court decisions. The findings indicate two types of legal protection. Preventive protection is carried out through digital education and legal literacy, while repressive protection is implemented through law enforcement as stipulated in Article 27 paragraph (3) of the EIT Law and Articles 59 and 76C of the Child Protection Law. However, its implementation still encounters obstacles, particularly in the process of evidence and the lack of psychological rehabilitation for victims. In conclusion, although the legal framework already exists, the effectiveness of legal protection for children who are victims of cyberbullying remains limited. Optimization is required through collaboration among law enforcement, the enhancement of digital education, and the strengthening of social empathy. After all, in today’s world, “a single mistyped finger can land you in court faster than in a thesis revision session.”
Copyright (c) 2025 Maemunah Syarifah Albaiti, Peter Guntara, Aris Prio Agus Santoso
Legal Implications of Transfer of Land Rights Through Sale and Purchase Using a Replacement Certificate. Analysis of Legal Protection for the Original Owner.
The issuance of replacement certificates often has legal implications for the transfer of land rights, especially if the application is based on false information. This can lead to legal flaws in the basis of the sale and purchase rights and result in the loss of the original owner's rights. In Decision Number 1440 K/Pdt/2023, the Supreme Court protected the interests of a good-faith buyer (Defendant X/Sunaryono), but failed to provide adequate protection for PT. BSD, the original owner, who suffered losses due to the unlawful actions of Ibung Muhamad's heirs (Defendant I-IX) who submitted illegal replacement certificates. The purpose of this study is to analyze the legal implications of the transfer of land rights through a sale and purchase using replacement certificates and to evaluate the legal protection for the original owner in the context of Supreme Court Decision Number 1440/K/PDT/2023. The research method used normative juridical methods with a case approach and a statute approach. Secondary data in the form of laws and regulations, court decisions, and legal literature were analyzed qualitatively. The research results obtained are that the legal implications of the transfer of land rights through a sale and purchase using a replacement certificate issued unlawfully have resulted in the loss of PT. BSD's rights, even though the company obtained the rights through a formal procedure in the form of a Deed of Transfer of Rights. Because the rights were not registered and there was no PPAT deed, its legal position was weaker compared to the second buyer (Defendant X) who was deemed to have good intentions by the Supreme Court in Decision Number 1440 K / Pdt / 2023. The decision shows that more protection is given to buyers who meet the formal requirements according to PP Number 24 of 1997 and Article 1320 of the Civil Code, but leaves an imbalance because it ignores the losses of parties who lose their rights due to the issuance of an unlawful replacement certificate. Therefore, legal protection for the original owner who is harmed remains important to enforce based on Article 1365 of the Civil Code, the Formulation of SEMA 7 of 2012, and Article 29 of the Supreme Court Law, by filing a civil lawsuit after obtaining a criminal decision stating that there has been an unlawful act. This step is an effort to balance legal certainty with the principle of substantive justice in the national land system.
The Implementation of the Iddah Period for Men: A Mediation Mechanism to Prevent Divorce
This study aim to analyze the implementation of a waiting period (iddah) for men as mechanism for preventing divorce in Indonesia, in line with Circular Letter of the Director general of Islamic Community Guidance No. P-005/DJ.III/Hk.00.7/10/2021. The research employs a normative legal method by examining regulations related to the waiting period as stipulated in the Compilation of Islamic Law (KHI), the Marriage Law, and classical fiqh. It applies a comprehensive approach combining Islamic legal sources, the statute approach, the conceptual approach, and the social approach. The findings indicate that, functionally, the proposed idea aligns with the concept of Syibh al-Iddah (waiting period), which is derived from the principles of maslahah mursalah (public benefit) and maqāṣid al-sharī‘ah (objectives of Islamic law). This concept also resonates with the practice of mandatory mediation already regulated under Indonesian positive law. The study concludes that although the idea lacks a normative basis in classical fiqh, its application represents a progressive and effective step. The waiting period provides space for both parties to reflect, manage emotions, and potentially achieve reconciliation. This is reinforced by recent regulations issued by the Supreme Court and the Directorate General of Islamic Community Guidance, which de facto have already implemented such a waiting period for men. Therefore, the formal application of this mechanism, even without employing the terminology of iddah, serves as a strong instrument to preserve family integrity and reduce divorce rates.
Copyright (c) 2025 Ayang Afira Anugerahayu, Prandy Arthayoga Louk Fangggi, Prandy Arthayoga Louk Fangggi
Comparison of the Implementation of the Principle of Dominus Litis in Indonesia, Usa, and Macau
In various countries, prosecutors are central figures in the administration of criminal justice because they have the authority to determine cases (dominus litis) to be forwarded to court. Comparative study of the application of the dominus litis principle in Indonesia with other countries. Normative legal research with a Statutory and comparative approach. The application of the Dominus Litis Principle in the Criminal Procedure Code is contained in Article 1 Number (6) letters a and b; 139, as well as the principle of functional differentiation in Articles 14 and 137, based on the position and function of prosecutors in the criminal justice system regulated in Article 140 paragraph (2); Law Number 11 of 2021 concerning Amendments to Law Number 16 of 2004. Prosecutors in Indonesia are in the Executive Institution, Investigative Authority is limited to special crimes; The scope of criminal, civil and administrative prosecution is in the hands of the State and is not dual in nature, namely the Prosecutor and Macau are in the hands of the Judiciary, authorized to conduct investigations, criminal and civil prosecutions which are dual in nature, namely the Prosecutor and the United States are in the hands of the Department of Justice, have investigative authority, prosecution arrangements in the form of Federal and state prosecutions
Copyright (c) 2025 Lalu Panca Tresna D, Ayang Afira Anugerah
Legal Regulations for Shrimp Ponds in Coastal Areas in NTB
Indonesia's coastal areas hold strategic value as productive areas that support economic activity, one of which is through shrimp farming. West Nusa Tenggara (NTB) is one of the main centers of national shrimp production, contributing significantly to foreign exchange and employment. However, the rapid expansion of shrimp farming has given rise to environmental, social, and legal issues, primarily due to the lack of specific regulations at the regional level governing sustainable shrimp farming management. This lack of regulation has resulted in weak oversight, a high potential for coastal water pollution, mangrove ecosystem degradation, and conflicts over land use. This study aims to analyze the legal regulations regarding shrimp farming in the coastal areas of NTB province and to identify emerging legal challenges. This study uses normative legal methods with a statutory and conceptual approach. The research findings show that while national legal frameworks such as the Fisheries Law, the Coastal Area and Small Islands Management Law (PWPPK), and their derivative regulations provide a general basis for spatial planning and licensing, their implementation at the regional level still faces regulatory gaps, as evidenced by low compliance with shrimp pond permits in West Nusa Tenggara (NTB). This highlights the urgency of establishing a specific Regional Regulation (Perda) in NTB to ensure alignment between economic development and coastal ecosystem protection. Clear regulations are expected to ensure the sustainability of shrimp farming businesses while maintaining a balance between economic interests, the environment, and the well-being of coastal communities.
Copyright (c) 2025 Nathania Permata, Hera Alvina
Status of the Ban on Absentee Ownership of Farmland in Indonesia
This research investigates whether the ban on absentee land ownership retains its significance in today's context. The goal is to provide an updated perspective on the prohibition of absentee ownership of agricultural land in Indonesia. This investigation is normative, supported by empirical evidence, and employs both a statutory and a conceptual framework throughout the paper. The findings yield the following conclusions: initially, the underlying rationale for banning absentee land ownership is to ensure that agricultural land is actively cultivated and managed by its rightful owner for optimal yield. This emphasizes the principle that agricultural land should be actively utilized by its owner, as outlined in Article 10 of the UUPA. There is a necessity for oversight and preventive actions, such as rejecting registration applications, enforced by the district or city land office, to halt the ongoing issue of absentee land registration. Secondly, the importance of the absentee land ownership prohibition in Indonesia has diminished in light of contemporary realities, as the legislative framework established sixty years ago is no longer aligned with present-day societal conditions. The regulations regarding absentee land ownership require modernization; previously, ownership of agricultural land was restricted to the sub-district level, which should be revised or replaced by new laws allowing agricultural land ownership at the district or city level. This transformation would enable the new regulations to respond to the evolving landscape and address the increasingly complex challenges that arise.
Copyright (c) 2025 Muhammad Rifaldi Setiawan, Nathania Permata S
Title Legal Principles of Contracts in Employment Contracts for Indonesian Migrant Workers Abroad
The legal principles of agreements in employment agreements for Indonesian migrant workers (TKI) abroad aim to determine the application of legal principles of agreements in the placement of Indonesian migrant workers (PMI) abroad, and entering into employment agreements with people we do not know as well as the factors that cause violations of employment agreements for the placement of TKI abroad. This research is normative research, namely legal research conducted by examining library materials or in other words using secondary data, namely laws and regulations, Ministerial decisions, legal theories and expert opinions. The results of the research on the application of legal principles of agreements in the placement of Indonesian migrant workers (PMI) abroad have not been implemented properly. Coercion, fraud and abuse of circumstances occur in the placement of PMI abroad caused by the economic, social, educational or psychological conditions of the prospective PMI in the employment agreement which results in the service user in this case through the PMI placement company being more dominant in determining the terms and conditions of the employment agreement. This kind of agreement is known as Adhesie Contracten. This agreement condition is possible considering that the Civil Code does not adhere to the principle of Justuta Pretitum, so there are no requirements that require the creation of a balance between the achievements of both parties, as a result many PMI are required to carry out work that is identical to the 4Ds, namely Dirdy (dirty), and Gerous (dangerous), Demand (demand), and Death (death) which usually occurs in a closed (domestic) work environment. Factors that violate the law against TKI who are abroad are caused by, among other things, the structure of the labor market in Indonesia.
Law Enforcement on Ownership of Business Identification Numbers Against Micro, Small and Medium Enterprises in Bukit Merapin Village
This study aims to examine the legal enforcement of Business Identification Number (NIB) ownership among Micro, Small, and Medium Enterprises (MSMEs) in Bukit Merapin Urban Village. Although the government has introduced a risk-based licensing system through the Online Single Submission (OSS) platform, in practice, most business actors in the area still do not possess an NIB. This research adopts an empirical juridical approach with a descriptive qualitative method, supported by observations, interviews, and official data from relevant institutions. The findings reveal that the low rate of NIB ownership is primarily caused by limited legal literacy, insufficient access to digital technology, and the lack of active socialization by local government authorities. This situation highlights a gap between the normative framework of licensing regulation and the actual legal practice at the grassroots level. NIB should not merely be seen as an administrative requirement, but rather as a legal instrument that ensures protection and economic empowerment for small-scale entrepreneurs. Therefore, affirmative actions such as legal education, OSS technical assistance, and simplified licensing facilitation are urgently needed to promote administrative justice and equitable legal recognition for MSMEs.
Legal Aspects of Personal Data Protection in the Implementation of Regional E-Government
The transformation of government services from manual systems to digital platforms through e-government in Indonesia is a response to the advancement of information and communication technology (ICT) and the demand for bureaucratic efficiency. Presidential Instruction No. 3 of 2003 marked the initial milestone in e-government development, which has since evolved into various digital public services such as OSS, SatuSehat, and Satu Data Indonesia. This study employs a normative legal method using statutory, conceptual, and normative gap analysis approaches. The focus of the research is directed at two main aspects: the regulation of personal data protection within regional e-government systems and the normative weaknesses in ensuring the security and confidentiality of citizens’ data. The discussion reveals that despite the enactment of the Personal Data Protection Law (PDP Law), its implementation at the regional level faces significant challenges, including overlapping regulations, lack of technical standards, weak oversight, and ineffective sanctions. Regional governments often lack clear operational guidelines, resulting in disparities in data protection across regions. The study concludes that personal data protection must be an integral part of digital governance system design. Regulatory reform, institutional capacity building at the regional level, and the establishment of effective oversight mechanisms are strategic steps to ensure comprehensive protection of citizens’ privacy rights in the digital era.
Copyright (c) 2025 Beverly Evangelista, R. Fahmi Natigor Daulay
The Separation of National and Local Elections Examined from the Aspect of Election Implementation Effectiveness
The implementation of simultaneous elections or five (5) box elections has implications for the accumulation of workloads for election organizers, which within reasonable limits has an impact on the quality of general election implementation. In addition to the threat to the quality of general election implementation, the accumulation of workloads for organizers concentrated in a certain time period due to the tight timing of general elections in the same year causes relatively long periods of free time for election organizers. The purpose of this study is to determine the implications of the separation of national and local elections and its effectiveness in the implementation of elections in Indonesia. This research is a type of normative legal research that uses a legislative approach. The results explain that the separation of national and local elections in the implementation of elections has implications for regulatory changes related to election laws and regional elections that are not only related to technical aspects, but also touch on the institutional design of election organizers, the flow of stages of implementation, nomination mechanisms, and budget management of encouraging rationality of voters in using their voting rights, the transfer of government power at the central and regional levels which is mutually consolidated and will reduce the coattail effect between presidential and regional legislative elections. Furthermore, separating national and local elections will ensure greater election effectiveness, as voters face simpler choices. Logistics provision and distribution will be faster and more accurate, and local figures will be more likely to dominate the House of Representatives (DPR) ticket.
Copyright (c) 2025 Ashari Ashari, Riska Ari Amalia
Legal Study of Divorce Lawsuit Mechanism Against Absent Husband According to Indonesian Marriage Law
Divorce lawsuit against absent husband is a legal remedy for wives abandoned by their husbands without clear residence information. This research analyzes the legal mechanism of divorce lawsuits against absent husbands based on Law No. 1 of 1974 on Marriage and Islamic Law Compilation. The research method uses normative juridical approach with secondary data of descriptive nature. Results show that absent husband divorce procedures are regulated in Article 20 paragraph (2) of Government Regulation No. 9 of 1975 and Article 138 of Islamic Law Compilation, with summons through announcements on court bulletin boards and mass media. Implementation follows ordinary divorce lawsuit procedures with additional requirements including village certificate stating the unclear domicile of the defendant.
Copyright (c) 2025 R. Fahmi Natigor Daulay, Beverly Evangelista
Responsibility of Cooperatives as Public Transportation Operators for the JakLingko Microtrans Accident on Route 17 Pulo Gadung – Senen
accidents in Jakarta, one of which is the Mikrotrans JakLingko Route 17 Pulo Gadung–Senen accident caused by driver negligence. The main issues examined are: What is the form of responsibility of Koperasi as the operator of Mikrotrans JakLingko toward the victims of the Route 17 Pulo Gadung–Senen accident caused by the driver; and what obstacles does Koperasi face as the operator of Mikrotrans JakLingko in fulfilling its responsibility toward the victims of the Route 17 accident caused by the driver. This study employs a normative juridical method with a descriptive approach, using secondary data and primary data supported by interviews, analyzed qualitatively with deductive reasoning. The findings indicate that Koperasi, as a public transportation operator, bears legal responsibility for the actions of its employed drivers, in accordance with Articles 192 and 189 in conjunction with Article 309 of Law No. 22 of 2009. The main obstacle lies in the absence of sufficient funds to fully compensate the victims.
Copyright (c) 2025 Elsa Maria S G Simanjuntak, Elsa Maria S G Simanjuntak, Elsa Maria S G Simanjuntak
Voter Participation in the 2024 General Election in North Bolaang Mongondow Regency
General Elections (Pemilu) are the main pillar in a democratic system, where voter participation is an important indicator of the legitimacy and success of the election. North Bolaang Mongondow Regency as one of the regions in North Sulawesi Province has its own social and geographical characteristics that influence the dynamics of voter participation. This study aims to analyze the level of community participation in the 2024 Election and identify factors that encourage and inhibit such participation. The research method used is a qualitative descriptive approach with data collection techniques through observation, interviews, and documentation studies. The results of the study show that voter participation in this area has increased compared to the previous Election, although there are still challenges such as low political literacy, limited information distribution, and the strong influence of local figures. These findings provide an important overview for election organizers and policy makers to design more effective participatory strategies in the future.