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All Journal DE JURE Bestuur FIAT JUSTISIA: Jurnal Ilmu Hukum Arena Hukum Jurnal Cakrawala Hukum Pembaharuan Hukum Jurnal Konstitusi Jurnal Ilmiah Hukum LEGALITY Jurnal Hukum dan Pembangunan Ekonomi Jurnal Inovasi Ilmu Sosial dan Politik Pena Justisia: Media Komunikasi dan Kajian Hukum SOSIOEDUKASI : JURNAL ILMIAH ILMU PENDIDIKAN DAN SOSIAL Jurnal Pembelajaran Pemberdayaan Masyarakat (JP2M) Keadilan JHCLS Jurnal Abdiraja Law Development Journal Jurnal Konstitusi Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Perspektif Hukum Hang Tuah Law Journal Ahmad Dahlan Legal Perspective Keadilan Lex Scientia Law Review JILS (Journal of Indonesian Legal Studies) Jurnal Jurisprudence Unnes Law Journal : Jurnal Hukum Universitas Negeri Semarang
Ahmad Siboy
Universitas Islam Malang
Religion Agriculture, Biological Sciences & Forestry Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Dentistry Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Nursing Public Health Social Sciences Other

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Reinforcing Central Government’s Authority over Regional Governments in the System of Indonesian Governance Ahmad Siboy
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i1.1998

Abstract

Principally, a regional government represents the extended hands of the central government in controlling a regional area. Regional governments are not supposed to run activities not congruent with the policies set by the central government. However, regional governments are often found in contravention of the policies of the central government. This research maps what causes this contravention and the reasons for reinforcing the authority of the central government regarding its connection with regional governments. This research employed normative-juridical methods, statutory, conceptual, and case approaches, revealing that this noncompliance with the central government is sparked by the conditions where a regional head is elected by the members of the public, the president has no right to eject a regional head from his/her tenure, and a regional head is fully authorized to run a regional area, including the regional budgeting. The design of the reinforcement of the authority of the authority of the central government over regional governments is required based on the principle of the unitary state and to guarantee the harmonious policies set by those the regional governments and central government. This design may involve the policy of the central government to take over the governance of regional areas following the deadlock, permit issuance, and the authority of the central government to impose sanctions on regional heads.
Indonesian Presidential Election on Presidential Threshold Policy: Evidence from Various Countries Siboy, Ahmad; Sholahuddin Al-Fatih
Journal of Human Rights, Culture and Legal System Vol. 5 No. 3 (2025): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v5i3.639

Abstract

The study develops a constitutional design to regulate the number of presidential and vice-presidential candidates following the Constitutional Court’s annulment of the presidential threshold. It observes that the absence of a model framework from the Court creates a regulatory vacuum that may expose the presidential election to political fragmentation, heightened polarization, and procedural inefficiencies. To address this issue, the research aims to construct a constitutional framework capable of enhancing electoral stability while sustaining democratic competitiveness. The study employs a normative juridical method supported by statutory analysis, case studies, and comparative assessment to identify feasible regulatory alternatives. The analysis demonstrates that the most effective approach to limiting the number of candidates is to regulate the number of political parties eligible to participate in general elections, given their role as the primary gatekeepers of nomination. The findings propose several regulatory instruments, including a moratorium on the establishment of new political parties, stricter requirements for party formation, enhanced eligibility criteria for electoral participation, a minimum age requirement for political parties, a maximum threshold for the number of qualified parties, and the disqualification of previously registered parties that fail to meet revised standards. The study concludes that these mechanisms collectively form a coherent constitutional strategy for maintaining a manageable number of presidential candidates and ensuring the continuity, integrity, and effective governance of the electoral process.
DETERMINATION OF PAYMENT OF TAX OBJECTS IN THE DEED OF LEASE AGREEMENT FOR THE MANAGEMENT OF TOURISM OBJECTS MADE BY A NOTARY Huda, Rizqy Miftahul; Hidayati, Rahmatul; Siboy, Ahmad
SOSIOEDUKASI Vol 15 No 1 (2026): SOSIOEDUKASI : JURNAL ILMIAH ILMU PENDIDIKAN DAN SOSIAL
Publisher : Fakultas Keguruan Dan Ilmu Pendidikan Universaitas PGRI Banyuwangi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36526/sosioedukasi.v15i1.7449

Abstract

This study examines the determination of tax obligations in lease agreements for the management of tourism objects, focusing on the Cooperation Agreement for the Utilization of the Pantai Bentar Tourism Object. The research aims to analyze the legal regulation of tax object payment, the legal consequences of the absence of taxation clauses, and the notary’s responsibility when the deed does not clearly stipulate the parties’ rights and obligations. This study employs a normative juridical method using statutory and conceptual approaches, with legal materials collected through library and document research on regional asset management, taxation, and notarial law. The findings indicate that although the agreement formally fulfills the requirements of Article 1320 of the Indonesian Civil Code, it substantively fails to comply with mandatory legal norms due to the absence of taxation clauses and clear allocation of rights and obligations. This omission violates prevailing fiscal regulations and may cause legal uncertainty and potential regional financial losses. The study concludes that notaries bear professional and administrative responsibility to ensure that authentic deeds comply with mandatory public law provisions to guarantee legal certainty in regional asset management.
OBLIGATIONS OF LAND RIGHTS HOLDERS TO MANAGE THEIR OWN AGRICULTURAL LAND Suhartono, Suhartono; Hidayati, Rahmatul; Siboy, Ahmad
SOSIOEDUKASI Vol 15 No 1 (2026): SOSIOEDUKASI : JURNAL ILMIAH ILMU PENDIDIKAN DAN SOSIAL
Publisher : Fakultas Keguruan Dan Ilmu Pendidikan Universaitas PGRI Banyuwangi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36526/sosioedukasi.v15i1.7450

Abstract

Agricultural land is a strategic asset in national development because it plays a direct role in maintaining food security and community welfare. However, the process of urbanization, industrialization, and weak legal supervision has led to massive land conversion and an increase in absentee land ownership practices (guntai). Landowners who do not manage their land directly cause a lot of land to become unproductive, illegally transferred, or used as an object of price speculation. This condition causes inequality in land distribution and hinders the goal of agrarian reform as mandated by the UUPA. Therefore, this study examines in depth the "Obligations of Land Rights Holders to Manage Their Own Agricultural Land", focusing on how the normative regulation of these obligations and the legal consequences for rights holders who do not implement them. This study formulates two main research questions: how the obligation of land rights holders to cultivate their own agricultural land is regulated in Indonesian legislation, and what the legal consequences are for those who fail to fulfill this obligation. The research employs a normative juridical method with statutory and conceptual approaches. The legal materials used include primary sources such as the 1945 Constitution, the Basic Agrarian Law, Government Regulation No. 224 of 1961, Law No. 41 of 2009, Government Regulation No. 20 of 2021, and other related regulations, as well as secondary sources consisting of literature and academic journals, and tertiary legal materials. The results of the study show that the obligation of the right holder to manage agricultural land itself is a manifestation of the principle of the social function of land as stipulated in Article 6 of the UUPA. The provisions regarding the prohibition of absentee land ownership are affirmed in Government Regulation No. 224 of 1961, which requires agricultural land to be managed directly by its owners in order to prevent land concentration, speculative practices, and the occurrence of abandoned land. This obligation is also strengthened through the policy of protecting sustainable food agricultural land. Right holders who do not manage their land can be subject to various legal consequences, such as: control and takeover as abandoned land, reduction or revocation of land rights, and redistribution to other parties through the land reform program. Thus, the obligation to manage agricultural land itself is not only an administrative norm, but an important instrument to achieve agrarian justice and ensure the sustainability of national food security.
The Role of the Land Deed Officials in the Implementation of Electronic Land Certification in Indonesia Wanda Desvira Putri, Adelia; Sunardi, Sunardi; Siboy, Ahmad
Law Development Journal Vol 8, No 1 (2026): March 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.1.13-20

Abstract

Land registration is a series of continuous governmental activities, encompassing the collection and maintenance of physical and juridical data, as well as the issuance of proof of land rights and the recording of other rights attached thereto. The purpose of land registration is to provide legal certainty and protection through the issuance of certificates as valid evidence. The Land Deed Official (PPAT) is authorized to draw up land deeds as the basis for the issuance of certificates, thus playing an essential role in ensuring the validity and security of transactions. In order to modernize public services and support national progress in the land sector, the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) has implemented a policy on the issuance of electronic land certificates.Based on this background, the formulation of the problems in this research is as follows: first, how is the role of the Land Deed Official (PPAT) in maintaining the validity of land certificate data within the electronic land service system; and second, what are the authority and responsibilities of the Land Deed Official (PPAT) in the process of electronic land rights services in accordance with the applicable regulations. This research employs a normative legal research method using statutory, conceptual, and historical approaches. The legal materials consist of primary legal materials in the form of laws and regulations related to land certificate registration and Land Deed Officials, secondary legal materials in the form of legal literature and previous research, and tertiary legal materials as supporting sources. The analysis is conducted qualitatively through interpretation and legal construction of statutory regulations and relevant doctrines. The results of this study affirm that the Land Deed Official (PPAT) possesses juridical authority to draw up authentic deeds related to the registration of electronic land certificates. The Land Deed Official (PPAT) ensures the security and transparency of the process, thereby reducing land disputes. The Land Deed Official (PPAT) is responsible for ensuring the validity of data through the integrated system of the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) by requiring the submission of electronic documents.
Between Statutory Authority and Administrative Discretion: Case Study of the Merah Putih Cooperative Deed Made by a Notary Pratiwi, Premitha Ayu; Siboy, Ahmad; Parmono, Budi
Hang Tuah Law Journal VOLUME 10 ISSUE 1, APRIL 2026
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v10i1.348

Abstract

This study examines the normative conflict between statutory authority and administrative discretion in the establishment of Merah Putih Cooperatives under Indonesia’s 2025 national cooperative revitalization program. While the Law on the Notarial Office grants notaries general authority to prepare authentic deeds, administrative regulations require a specific designation as Cooperative Deed Officials (NPAK), creating legal uncertainty in practice. Unlike previous studies that focused on general cooperatives and the procedural role of NPAK, this research is the first to analyze the legal bottlenecks generated by state-driven digital transformation through the SABH/AHU Online system within the Merah Putih initiative. Using a normative juridical approach, this study evaluates the civil, administrative, and ethical consequences of deeds prepared by non-NPAK notaries. The findings demonstrate that although such deeds remain civilly valid, administrative rejection may prevent cooperatives from obtaining legal entity status, resulting in significant socio-economic losses at the village level. The findings reveal that digital administrative filtering has transformed ministerial discretion into de facto statutory limitation, generating legal uncertainty, delaying village economic programs, and causing measurable financial losses at the local level. This study proposes regulatory harmonization to restore statutory authority while maintaining administrative oversight. The policy implication emphasizes the need to prevent digital governance mechanisms from undermining hierarchical legal certainty in Indonesia’s cooperative development framework. This research offers policy recommendations for harmonizing statutory and administrative norms to ensure legal certainty, professional integrity, and the effective implementation of Indonesia’s cooperative reform agenda.
The Design to Limit Regulations Governing Regional Head Elections Siboy, Ahmad; Rafiqi, Ilham Dwi
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 1 (2026): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i1.43527

Abstract

This research seeks to elaborate on the urgency and the design offered to limit regulations governing regional head elections (Pilkada). The main problem identified is the distribution of regional election norms across various types of regulations, which causes anomalies, conflicting norms, and dualism of interpretation by judicial institutions, such as differences in decisions between the Supreme Court and the Constitutional Court. Using normative-juridical research methods and statutory, conceptual, historical, and case-based approaches, this research reveals that the limitation in question serves as the initial milestone in constructing fair, effective, and efficient legal frameworks to regulate Pilkada with legal certainty. Philosophically, limiting the proliferation of norms is necessary to maintain the integrity of the local democratic system through the dimensions of ontology, epistemology, and axiology. The results of the study indicate that the most ideal design for limiting regional election regulations consists of three levels: the 1945 Constitution of the Republic of Indonesia as the constitutional basis, the Law as the primary regulation, and the Regulation of the Election Organising Institution (especially the General Elections Commission) as the technical delegation regulation. This model is considered the most appropriate, as it covers everything from abstract norms to concrete technicalities, guarantees legal certainty, and minimizes the influence of elite political interests in shaping regulations. The implementation of this design is expected to realise a more democratic, accountable, and equitable regional election governance.
Co-Authors Bastomi, Ahmad Devi Triasari Dewi Cahyandari Dewi Cahyandari Dewi Setyowati Hilaire Tegnan Himawan Estu Bagijo . Huda, Rizqy Miftahul Iwan Permadi Jamil Jamil Karim, Firmansyah Abdul Mohammad Affan Muhammad Nur Muslim, Shohib Nur Putri Hidayah Parmono, Budi Premitha Ayu Pratiwi Rafiqi, Ilham Dwi Rahmatul Hidayati, Rahmatul Retno Wulan Sekarsari Setiawan Noerdajasakti, Setiawan Sholahuddin Al-Fatih Sudarsono Sudarsono Suhartono Sulistyani Eka Lestari Sunardi Sunardi Tinuk Dwi Cahyani Virga Dwi Efendi Wanda Desvira Putri, Adelia Zahlul Pasha