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Implementation of The Obligation To Provide Free Notarial Services For Underprivate People In Malang Arsy Azuhra; Istislam; R. Imam Rahmat Sjafi'i
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 4 (2026): March In Progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i4.329

Abstract

The implementation of the obligation to provide free notarial services in Malang City has not been effective as mandated in Article 37 paragraph (1) of Law Number 2 of 2014 concerning the Notary Position (UUJN). The provisions that emphasize the obligation of notaries to provide free legal services to the underprivileged have not been fully implemented due to the absence of implementing regulations governing the mechanism, recipient criteria, and supervision procedures. The results of the study indicate that most notaries only provide pro bono services to clients whose economic conditions are known, so that implementation is subjective, sporadic, and non-standardized. The main obstacles in its implementation are divided into three aspects, namely structural, normative, and sociological. From the structural side, the lack of public knowledge and the absence of technical guidelines are the main obstacles. From the normative aspect, there is no clear definition regarding the criteria for "underprivileged people" and the types of deeds included in the obligation for free services. Meanwhile, from the sociological aspect, the low level of social awareness and professionalism of notaries also worsens the effectiveness of implementation. This disharmony between legal ideals and empirical reality hinders the realization of the principles of certainty, benefit, and justice in notarial services. Therefore, comprehensive implementing regulations are needed from the Ministry of Law and Human Rights and the Indonesian Notaries Association to ensure the effective, accountable, and equitable implementation of pro bono notarial obligations across the region.
Environmental Legal Protection Regulation through a Judicial Process Based on Legal Certainty and Anti-SLAPP Principles Istislam; Rif’an, Moch.; Kasanah, Nilam Ayu; Tinambunan, Hezron Sabar Rotua; Baroud, Najah
Jurnal Suara Hukum Vol. 8 No. 1 (2026): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

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Abstract

Indonesia, endowed with abundant natural resources, continues to face persistent environmental challenges, including pollution, land degradation, and the depletion of ecological assets. Although the legal framework, primarily Law Number 32 of 2009 on Environmental Protection and Management (UUPPLH) and its amendment under Law Number 32 of 2024, provides a normative basis for environmental governance, environmental defenders who advocate for ecological protection remain vulnerable to criminalization through Strategic Lawsuits Against Public Participation (SLAPP). This phenomenon persists despite the existence of statutory safeguards within UUPPLH, indicating the absence of a clear, coherent, and enforceable Anti-SLAPP framework in Indonesia’s positive law and reflecting insufficient governmental commitment to preventing the misuse of legal instruments to silence public participation. This study employs a normative legal research method to analyze the norms, principles, and values that underlie the protection of environmental defenders, examine the conceptual construction of Anti-SLAPP principles, and identify systemic weaknesses that allow judicial practices inconsistent with those principles to occur. The findings demonstrate an urgent need to establish adaptive and binding legal regulations through more humanistic mechanisms, along with comprehensive policy reforms within law enforcement, to ensure practical, responsive, and rights-based protection that strengthens environmental justice and democratic participation.