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All Journal Unram Law Review Jurnal Selat Jurnal Ius Constituendum Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences International Journal of Humanities Education and Social Sciences
Istislam Istislam
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Religion Arts Humanities Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Legal Protection Against Banks As A New Creditural Candidate In Take Over Credit Process Himawan Sutanto; Hanif Nur Widhiyanti; Istislam Istislam
Unram Law Review Vol 2 No 2 (2018): Unram Law Review (ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v2i2.45

Abstract

This research journal discusses legal issues relating legal protection of the bank as a prospective new creditor in the process of taking over credit. Where there is no certainty of legal relationship between new creditor candidate with debtor. The Bank as a prospective new creditor can not ensure the release of roya letter on the same day as the binding, so there is no certainty of guarantee status. Bank as a potential creditor becomes a vulnerable party at risk of loss. This study aims to determine and analyze the presence or absence of legal relationship between the bank as a new creditor candidate with the debtor and to know the form of legal protection against the bank as a new creditor candidate in the process of taking over credit that is not in accordance with applicable rules. The research method used by the author is the approach of legislation (statute approach) and case approach (case approach).The absence of a strong legal relationship between the bank as a prospective new creditor with the debtor in the outstanding redemption process, where there is no guarantee of the issuance of the roya letter on the same day during the binding process, in the absence of kepsatian regarding the status of the guarantee, the bank becomes a risky party suffered losses so that the need for a form of legal protection in a preventive and repressive.
Authority of Samarinda City Governments in Giving License to Open State Land Adelina Silvia Bilqis; Istislam Istislam; Diah Aju Wisnuwardhani
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 2 (2022): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i2.5552

Abstract

Thesis is entitled "Authority of Samarinda City Governments in Giving License to Open State Land" with 2 (two) main issues, namely: (1) What are the criteria for rejection and acceptance that must be used as guidelines by the Notary Honorary Council for requests for approval of the process? summons to notaries who are not classified as obstruction of justice? (2) What is the legal protection for a Notary whose criteria are not classified as obstruction of justice by the Notary Honorary Council? Besides, this research is a kind of normative research. The research approach used is the statutoryapproachand theconceptual approach. The results of this thesis research indicate that the legal certainty of the decision of the Notary Honorary Council regarding the granting of a Notary summons permit by law enforcers can be formed if law enforcers can fully understand the functions of the Notary Honorary Council. In addition, the Notary Honorary Council must be consistent in making decisions so that there is legal certainty for the Notary. The Central Notary Honorary Council must conduct an examination of the Notary so that the good name of the position is protected and fully guarantees whether the Notary has made a genuine mistake personally or from the parties in the deed. The case should be suspended by the Notary Honorary Council as a form of protection for the position of a Notary, unless the Notary will be examined in a criminal case that has nothing to do with the making of the Notary deed. So that the Notary Honorary Council is not involved with the Obstruction of Justice. In the case of giving testimony, a Notary cannot disclose the deed he made either in part or in whole to other parties, this is in accordance with Article 66 paragraph 1 of the UUJN because as a trustee, the Notary is obliged to keep everything that is notified to him secret in his position as a Notary, even though there are some that are not included in the deed, and have been considered to represent the Notary in a trial so that the deed made by or before the Notary is a piece of evidence that has perfect evidentiary power. 
Konsep Dan Kriteria Kecakapan Bertindak Bagi Penyandang Disabulitas Autisme Menurut Persefektif Hukum Perdata Indonesia Endra Agus Setiawan; Siti Hamidah; Istislam Istislam
Jurnal Selat Vol. 5 No. 2 (2018): JURNAL SELAT
Publisher : Program Studi Ilmu Hukum Universitas Maritim Raja Ali Haji

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (904.027 KB) | DOI: 10.31629/selat.v5i2.554

Abstract

Tulisan ini membahas tentang konsep dan kriteria kecakapan bertindak bagi penyandang disabilitas autisme menurut persefektif hukum perdata Indonesia. Permasalahan yang dibahas dalam penelitian ini terkait tentang konsep dan kriteria kecakapan bertindak yang berlaku bagi penyandang disabilitas autisme pasca di undangkannya Undang-Undang No. 8 tahun 2016 tentang Penyandang Disabilitas sebagai pengganti Undang-Undang No. 4 tahun 1997 tentang Penyandang Cacat. Di dalam Pasal 4 ayat 1 huruf (c) UU Penyandang Disabilitas, disabilitas autisme masuk kedalam kategori disabilitas mental, padahal Autisme adalah disabilitas perkembangan dan berbeda dengan disabilitas mental sebagaimana skizofrenia, bipolar, depresi, anxietas, dan gangguan kepribadian. Dengan menempatkan disabilitas autisme ke dalam disabilitas mental akan menimbulkan persepsi bahwa seorang dengan disabilitas autisme adalah seorang yang harus ditaruh dibawah pengampuan karena dianggap tidak cakap. Penulisan ini disusun dengan normatif legal research method dengan pendekatan peraturan perundang-undangan dan konseptual. Hasil penelitian menunjukan bahwa penyandang disabilitas autisme adalah subyek hukum yang cakap jika memenuhi kriteria kecakapan sebagaimana yang ditentukan dalam 1330 KUHPerdata dan selama tidak dinyatakan tidak cakap berdasarkan penetapan pengadilan (penjelasan Pasal 32 UU Penyandang Disabilitas).
Ratio Legis of the Deed of Sale and Purchase Agreement as an Object of Land and Building Acquisition Duty Isma Faradila; Istislam Istislam; Arini Jauharoh
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 2 (2024): IJHESS OCTOBER 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i2.1295

Abstract

This research attempts to unravel the various dynamics governing BPHTB. This research focuses on examining two issues, namely (1) the ratio legis of PPJB regulation as the object of BPHTB and the implications of PPJB as the object of BPHTB after the issuance of Law 1/22 which amended the previous BPHTB Law as a whole. In this paper, it is found that there are several reasons that make PPJB as the object of BPHTB, namely: (1) based on the social function of land based on the agrarian law regime, so that every acquisition of land rights is taxed which is used as a net regional income; (2) the imposition of BPHTB on PPJB as an increase in regional income; (3) from the nature of PPJB as a binding transaction and as a marker of a legal event which is then followed by the making of AJB as the basis for the acquisition of land rights. Second, the implications of BPHTB for the changes in the original regulation in the PDRD Law which was later revoked by the 2022 HKPD Law, have made several changes that affect the legal certainty of taxpayers in paying BPHTB. There is an antinomy in regulating the time payable and payment of BPHTB to the local government.  The time payable arrangement as the basis for payment is made after the signing of the sale and purchase deed. However, the payment arrangement states otherwise, namely at the time the sale and purchase deed is signed. However, on the other hand, the regulation also requires the notary to request proof of payment before the signature of the sale and purchase deed. The difference in provisions on the time payable and the deadline for payment affects the legal certainty of the sale and purchase process, and is not in accordance with the meaning of BPHTB as a duty paid after the acquisition of land rights. In addition to the implications that arise for taxpayers, the above arrangements also affect the legal certainty of notaries / PPATs who carry out their duties which are overshadowed by sanctions if they sign the deed before BPHTB is paid in full.  The research method used in this writing is normative juridical research method, using three types of approaches, namely historical approach, legislative approach and conceptual approach. The urgency of implementing tax collection on deeds of acquisition of land rights known as BPHTB is to emphasise the social function of land through tax collection carried out by the government. PHTB on PPJB is one of the sources of local revenue used to organise local government and third, namely from the nature of PPJB which is an agreement that binds both parties to the certainty of the transaction being carried out, as the initial act of the legal event of sale and purchase in question.
Criminal Mediation in the Settlement of Unlicensed Small-Scale Mining Crimes in the Jurisdiction of the East Java Regional Police Qoirul Khitam Bastomi; I Nyoman Nurjaya; Istislam Istislam
Jurnal Ius Constituendum Vol. 10 No. 3 (2025): OCTOBER
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v10i3.12276

Abstract

This study aims to analyze the effectiveness of the penal mediation approach in resolving illegal mining crimes (PETI) in the jurisdiction of the East Java Regional Police, which has been dominated by a repressive approach and has caused complex social, economic, and ecological problems. The repressive approach has failed to address the root causes of the problem, and PETI is often carried out by economically vulnerable groups due to an inclusive bureaucracy. The research method employed is a sociological-legal approach, combining normative analysis of legal regulations (das sollen) with empirical studies of law enforcement practices in the field (das sein). The research findings indicate that criminal mediation has gained legal legitimacy through various regulations, including the 2023 National Criminal Code, Police Regulation No. 8 of 2021, and Regulation No. 15 of 2020. In East Java, 393 PETI cases were resolved using this approach during 2023–2024, preventing 1,650 offenders from conventional litigation and saving law enforcement budgets. This approach reflects the renewal of Indonesian criminal law, which not only punishes but also restores and empowers. This study provides empirical evidence on the application of panel mediation in environmental criminal cases, an area rarely explored in previous research.
Reconstructing Legal Frameworks for Post-Mining Reclamation Guarantees and Ecological Justice Angga Kurniawan; Abdul Madjid; Istislam Istislam
Jurnal Ius Constituendum Vol. 10 No. 3 (2025): OCTOBER
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v10i3.12779

Abstract

This study analyzes the effectiveness of post-mining reclamation guarantee fund regulations in achieving environmental restoration and reconstructs a normative framework oriented toward ecological justice. The current reduction of reclamation guarantees to mere administrative requirements demonstrates the failure of the law to provide substantive protection for citizens’ constitutional rights to a healthy environment. Using normative juridical research with legislative, conceptual, and historical approaches, this study employs prescriptive–analytical methods to evaluate the gap between legal norms and practice and to formulate a responsive legal model. The findings reveal that reclamation guarantee funds have not effectively functioned as substantive legal instruments due to regulatory disharmony between the Minerba Law and the Environmental Protection and Management Law (UUPPLH), weak supervision, and the absence of strict sanctions. The study proposes a reconstruction of the legal framework through harmonization of environmental and mining regulations, adoption of the polluter pays and strict liability principles, and strengthening of interagency coordination. In addition, the establishment of a transparent and participatory Multi-Stakeholder Monitoring Board and a public e-monitoring system is recommended to ensure accountability and ecological restoration. The novelty of this research lies in integrating constitutional and environmental justice perspectives into a double-track sanction system that combines preventive and repressive functions of reclamation guarantees. This approach advances the eco-constitutional paradigm by linking legal certainty, environmental accountability, and participatory governance in post-mining management.
Co-Authors Abdul Madjid Adelina Silvia Bilqis Angga Kurniawan Arini Jauharoh Diah Aju Wisnuwardhani Endra Agus Setiawan Hanif Nur Widhiyanti Himawan Sutanto I NYOMAN NURJAYA Isma Faradila Qoirul Khitam Bastomi Siti Hamidah