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All Journal KRTHA BHAYANGKARA Jurnal Suara Hukum International Journal of Educational Review, Law And Social Sciences (IJERLAS) Jurnal Multidisiplin Madani (MUDIMA) International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Warkat
Istislam
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Keabsahan Penerbitan Sertipikat Tanah Hak Milik Kepada Anak Dibawah Umur: Validity of Freehold Title Issuance to Minor by Land Agency in Bojonegoro Sudarsono, Leananda Ayu; Istislam; Cahyandari, Dewi
Warkat Vol. 3 No. 1 (2023): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v3n1.2

Abstract

This research aims to analyze property rights certificates issued by the land office based on land law. The land office will issue title certificates number 571 and 671 to minors. Issuance of property rights certificates is carried out in the Complete Systematic Land Registration program, where the applicant is a minor without attaching a guardianship determination letter from the court. This creates legal uncertainty because one of the requirements for carrying out legal actions is being legally competent (adult). Adulthood in the Civil Code is twenty-one years. This research uses normative legal methods to analyze land registration regulations and maturity as well. As a result of the research, the author obtained the result that the issuance of land certificates to minors by the Bojonegoro land office must be considered valid before there is another decision stating otherwise. However, from a procedural perspective, it is not in accordance with statutory regulations and AUPB principles, namely the principle of legal certainty and the principle of accuracy. The legal consequence of issuing a certificate of ownership to a minor by the Bojonegoro land office is that the certificate is valid and valid.
Examining The Shift in The Procedural Law of The Administrative Court: Discourse on Changes in Society and The Judiciary M. Ikbar Andi Endang; Moh. Fadli; Istislam; Dewi Cahyandari
KRTHA BHAYANGKARA Vol. 16 No. 1 (2022): KRTHA BHAYANGKARA: JUNE 2022
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v16i1.1188

Abstract

Shifting the procedural law of the Administrative Court is a necessity. This happened as an effort to respond to the absence of arrangements for resolving administrative disputes and government administration regulated in sectoral laws. The Supreme Court through Perma responded to the void in legislations regarding the procedures or procedures for this matter. To analyze the context, this study uses a legal approach, a historical approach, and a conceptual approach. Based on the analysis, it can be seen that there is a shift in the conservative setting from the procedural law of the Administrative Court towards a procedural law system with a progressive setting nuance. This can be seen with changes in procedures, both in terms of reducing the levels of examination, reducing the process of proceedings, and determining the grace period for the event process. With this progressive system, the renewal of the case administration system and the electronic trial go hand in hand. Interpreting the dynamics between law and the judiciary with changes in society, the momentum for changes in the procedural law of the Administrative Court with social changes in society accommodates legal certainty and the principles of a simple and fast trial. Consequently, the shift in the character of the Administrative Court requires proper legislation in a law that regulates the procedural law of the Administrative Court
Legal Protection for Prospective Notaries Against Unfinished Notary Obligations When the Notary Dies Munnofa, Artha; Istislam; Hadisuryo, Hendrarto
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 6 No 2 (2024)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v6i2.356

Abstract

The death of a notary before completing his or her duties can cause legal problems, especially since unsigned deeds are not included in the notary protocol as per the Explanation of Article 62 of UUJN-P. This threatens the rights of prospective notaries, including down payments and important documents that have been submitted. UUJN-P does not regulate the duties of a notary who dies while performing his/her duties or who is responsible for completing those duties. While Article 1 point 2 and Article 35 paragraph (3) of UUJN-P explain that temporary notary officials are in charge of replacing notaries who die while on leave, there is no provision for notaries who die while on duty. Article 35 paragraph (1) of UUJN-P only requires the notary's heirs to report the death to the MPD, without the obligation to continue the unfinished deed. This creates a norm void that has the potential to harm prospective notaries. Therefore, legal protection for prospective confrontants is needed to overcome this norm vacuum and prevent material losses. In order to analyze the problems in this study, a normative juridical research method is used, namely research by examining formal regulations such as legislation, literature that is theoretical in nature to then be related to the problems discussed. in examining legal issues related to legal protection for the faces of the unfinished duties of the Notary's office when the notary dies is based on the existence of legal uncertainty in the laws and regulations related to the notary's office, that there is a norm vacuum against the completion of the unfinished duties of the Notary's office when the notary dies. The results of the research in brief are that legal protection for prospective notaries when the notary dies before completing his duties is important to protect their rights. Internal protection in the form of a written agreement between the notary and the prospective confrontant before the deed is made serves as proof of document deposit and down payment.
Construction of Legal Responsibility Regulations for Notaries and Notary Employees If Notary Employees Commit Unlawful Acts Rizgi, Ahmad; Istislam; Wisnuwardhani, Dyah Aju
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 6 No 3 (2024)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v6i3.365

Abstract

When examined from an empirical/sociological approach, several issues arise within the notarial profession. Notaries generally have good (close) relationships with their employees. However, it is not uncommon for notary employees to commit fraud behind the notary's desk, either directly or indirectly. On the part of the notary, it is also possible that the notary covers up various mistakes made by their employees in order to maintain credibility and other such reasons. Such unlawful acts will be dealt with both under the law and the Notary Code of Ethics. It is known that notary employees have a legal relationship with the notary based on the work performed by the notary. There is a need for legal construction from upstream to downstream concerning the legal status/relationship and legal responsibilities of both notaries and notary employees. This is aimed at ensuring that each party has a legal reference as to the extent to which legal actions can be considered violations or not. The legal vacuum in regulating the relationship between notaries and their employees when committing unlawful acts increases the possibility of legal violations.
Recentralization of Mining Licensing Authority and Its Impact on Local Autonomy in Indonesia Tinambunan, Hezron Sabar Rotua; Istislam; Hadiyantina, Shinta; Kusumaningrum, Adi; Tajudin, Amalina Ahmad
Jurnal Suara Hukum Vol. 7 No. 2 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n2.p520-539

Abstract

The principle of decentralization is a constitutional mandate that grants authority to regional governments to administer governance and manage natural resources within their respective jurisdictions. This principle emerged as a corrective measure to the centralized governance model of the New Order regime, which had resulted in significant disparities in welfare between the central government and the regions. Law Number 4 of 2009 on Mineral and Coal Mining initially reinforced this decentralization by delegating the authority to issue Mining Business Permits (IUP) to local governments, thereby contributing to the enhancement of local community welfare in resource-rich regions. However, the enactment of Law Number 3 of 2020, which amended Law Number 4 of 2009, reversed this decentralization by reassigning such authority to the central government. This legislative shift represents a constitutional anomaly, contradicting the decentralization spirit embedded within the 1945 Constitution of the Republic of Indonesia. This study employs normative legal research methods using statutory and conceptual approaches to examine the division of authority between the central and regional governments in managing the mineral and coal mining sector. The findings reveal that the recentralization of IUP authority not only undermines regional autonomy but also adversely affects the development of resource-producing regions and hampers the realization of social justice as envisioned in the framework of a welfare state.
FACTUAL ACTION AS ADMINISTRATIVE DISPUTES (PROHIBITION OF MISLEADING LAWSUIT BETWEEN THE ADMINISTRATIVE DECISION AND THE FACTUAL ACTION) David Pasaribu; Istislam; Sudarsono
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025): May
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2767

Abstract

This article attempts to comprehend the ideal concept of factual action and analyzes factual action as an object of dispute in the Administrative Court ("Peratun") in relation to the prohibition of misleading the administrative decision ("KTUN") and the factual action. The research method uses normative research with conceptual, statutory, and case approaches. The results show the complexity of factual action related to examine the factual action and also the double-checking system of administrative tort. First, by classifying an object as the factual action or KTUN, and second, by examining factual actions as the administrative tort by government agencies/officials which are clashing/not clashing to the statutory regulations nor general principles of good governance. Furthermore, the misleading lawsuit can occur when the lawsuit disrupes/reverses the definition of each object, both KTUN and factual actions. The cumulation of objects among KTUN with factual actions is possible as long as there are interrelated legal character (innerlijke samenhang) of objects, prioritize the speedy trial, simple, and low-cost principle, and the principle of utility (bring justice closer to the people).
LEGAL PROTECTION FOR APPEARERS WHEN THE NOTARY'S EXISTENCE IS UNKNOWN (AFWEZEGHEID) Yusti Merilistia; Istislam; Yenni Eta Widyanti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 6 (2023): November
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i6.1146

Abstract

This research examines the legal protection of clients when the notary's whereabouts are unknown (afwezigheid). describe and analyze the certainty of legal protection for appearers who are harmed by a notary whose whereabouts are unknown afwezigheid and to analyze and formulate forms of legal protection that can guarantee legal certainty for appearers who are harmed by a notary whose whereabouts are unknown afwezigheid.This research is a normative juridical research through literature study using statutory approach (statute approach) and conceptual approach (conceptual approach). The main issues were analyzed using primary legal materials includingProvisions of Article 463 in conjunction with Article 467 of the Civil Code, provisions of Article 15, Article 16, Article 17, Article 62, Article 63 Article 67, Article 69 and Article 70 of Law Number 30 of 2004 concerning the Position of Notary Public juncto Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary, Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 15 of 2020 concerning Procedures for Examining the Supervisory Board of Notaries and Notary Code of Ethics. Legal materials were analyzed based on prescriptive analysis and grammatical and systematic interpretation techniques. Based on the research results it is known thatLegal protection for appearers who are harmed by a notary whose whereabouts are unknown afwezigheid based on the analysis of UUJN Amendment) is weak, because basically (“UUJN”) juncto (“UUJN”) Amendment has accommodated arrangements regarding the presence of a notary in the exercise of his office.
BLOCKING ACCESS POLICY OF UNREGISTERED PRIVATE ELECTRONIC SYSTEM OPERATORS IN HUMAN RIGHTS PERSPECTIVE Rinalvin Achmad Wiryawan; Istislam; Dhia Al Uyun
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 1 (2024): January
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i1.1452

Abstract

The decision of the Panel of Judges in the State Administrative Court Decision at the Jakarta State Administrative Court Number 424/G/TF/2022/PTUN.JKT, contradicts with many human rights law, especially related to the right to communicate and obtain information and economic rights. The right to communicate and to access and obtain information is a right guaranteed and recognized by the Indonesian Constitution as stipulated in Article 28F of the 1945 Constitution, and regulated in Articles 14 of the Human Rights Act. In addition, the right to communicate and obtain information is also regulated internationally in the provisions of Article 19 of the Universal Declaration of Human Rights, and Article 19 of the International Covenant on Civil and Political Rights (ICCPR) which has been ratified in the provisions of the Law Number 12 of 2005 concerning the Ratification of the ICCPR (KIHSP Law). The right to economy and employment is a human right guaranteed in the Indonesian constitution, as stipulated in Article Article 27 paragraph (2) UUD NRI Tahun 1945, and regulated internationally in the provisions of Article 1 Number 2, Article 5 paragraph (2), and Article 6 of International Covenant on Economic, Social, and Cultural Rights (ICESCR) that has been ratified in the provisions of Law Number 11 of 2005 concerning the Ratification of the International Covenant on Economic, Social, and Cultural Rights (KIHESB Law).
Legal Protection for Appearers when the Notary's Existence is Unknown (Lost Contact) Yusti Merilistia; Istislam; Yenny Eta Widyanti
Jurnal Multidisiplin Madani Vol. 3 No. 5 (2023): May, 2023
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/mudima.v3i5.3805

Abstract

This research examines the legal protection of clients when the notary's wherea-bouts are unknown (lost contact).describe and analyze the certainty of legal protection for appearers who are harmed by a notary whose whereabouts are unknown (lost contact) and to analyze and formulate forms of legal protection that can guarantee legal certainty for ap-pearers who are harmed by a notary whose whereabouts are unknown (lost contact).This research is a normative juridical research through literature studyusing statutory approach (statute approach) and conceptual approach (conceptual approach). The main issues were analyzed using primary legal materials includingProvisions of Article 463 in conjunction with Article 467 of the Civil Code, provisions of Article 15, Article 16, Article 17, Article 62, Article 63 Article 67, Article 69 and Article 70 of Law Number 30 of 2004 concerning the Position of Notary Public juncto Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary, Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 15 of 2020 concerning Procedures for Examining the Supervisory Board of Notaries and Notary Code of Ethics. Legal materials were analyzed based on prescriptive analysis and grammatical and systematic interpretation techniques. Based on the research results it is known thatLegal protection for appearers who are harmed by a notary whose whereabouts are unknown (lost contact) based on the analysis of UUJN Amendment) is weak, because basically (“UUJN”) juncto (“UUJN”) Amendment has accommodated arrangements regarding the presence of a notary in the exercise of his office. No matter of how, there are incomplete norms in regulating the absence of a notary in Law Number 2 of 2014 concerning Notary office  (“UUJN”) juncto (“UUJN”) Amend-ment because it cannot accommodate the existence of a notary whose whereabouts are un-known (lost contact), including not being able to guarantee legal protection to appearers who are disadvantaged because the event of absence of a notary is not contained in the provisions in UUJN juncto UUJN Amendment which is used as a guideline results in legal uncertainty which causes legal protection for aggrieved appearers to be also not guaranteed
Co-Authors Adi Kusumaningrum David Pasaribu Dewi Cahyandari Dewi Cahyandari, Dewi Dhia Al Uyun Hadisuryo, Hendrarto M. Ikbar Andi Endang Moh. Fadli Munnofa, Artha Rinalvin Achmad Wiryawan Rizgi, Ahmad Shinta Hadiyantina Sudarsono Sudarsono, Leananda Ayu Tajudin, Amalina Ahmad Tinambunan, Hezron Sabar Rotua Wisnuwardhani, Dyah Aju Yenni Eta Widyanti Yenny Eta Widyanti Yusti Merilistia