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Istislam

Faculty Of Law, Universitas Brawijaya

Author-ID : 3225892

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Implementing Spatial Planning Based on Environmental Sustainability in the Mining Area Luthfi Marfungah; Rachmad Safa’at; Istislam, Istislam; Indah Dwi Qurbani
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 3 No 4 (2024): IJHESS FEBRUARY 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v3i4.935

The problem of finite mineral and coal natural resources has been reopened by the growing demand for development and mining resources, which impacts the global arena. Environmental issues are just one of the issues caused by mining activities, which are another. In mining sites, there has to be an ongoing planning process based on the environment. This study addresses the existing mining regulatory framework and the problem of harmonization between spatial plans for mining regions based on environmental sustainability, with a particular emphasis on spatial planning for mining sites in Indonesia. Under the provisions of spatial planning, this article outlines the fundamental concepts of strategic environmental sustainability as a roadmap for sustainable growth in the mining industry. This study concludes that the idea of creating a mining business permit area is predicted to function as a tool for prevention against the emergence of significant environmental pollution and damage due to mining activities with the existence of an integrated concept of environmental licensing and spatial planning. Because this authority can be determined based on the size of "geographical-ecological", "economical", or "administrative" conditions, recommendations made with the existence of legal criteria relating to the determination of mining areas to become the authority of the Minister of Environment and Spatial Planning, Governors, and Regents/Mayors will result in the principle of environmental sustainability.

RAW Pemutusan Akses Terhadap Penyelenggara Sistem Elektronik Lingkup Privat yang Tidak Terdaftar dalam Perspektif Hak Asasi Manusia Achmad, Rinalvin; Istislam, Istislam; Dhia Al Uyun
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 3 No 6 (2024): IJHESS JUNE 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v3i6.1003

The policy of terminating access to Private Scope Electronic System Operators, to several internet platforms including: Paypal, Yahoo, Epic Games, Steam, Dota, Counter Strike, Xandr.com, and Origin, which occurred on July 30, 2022. The government's policy in terminating access to unregistered private scope electronic system operators has resulted in material and immaterial losses to citizens who use the platform of unregistered private scope electronic system operators. This research uses normative legal research method, that using a statutory, conceptual, and cases approach to analyze issues related to the termination of access to unregistered Private Scope PSEs. This research concludes that the government's policy of terminating access to unregistered private electronic system operators is contrary to human rights regulation. These rights include the right to access, communicate and obtain information and the right to an economy for citizens who are harmed by the termination of access to unregistered private scope electronic system operators.

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

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.

Penerapan Аsаs-Аsаs Umum Pemerintаhаn yаng Bаik dаlаm Penyelesаiаn Sengketа Tanah Hak Milik Ernanda, Dita; Istislam, Istislam; Yuliati, Yuliati
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 6, No 1 (2021): Juni 2021
Publisher : Universitas Negeri Malang

This study aimed to describe the procedure for resolving land disputes, the application of the General Principles of Good Government (AUPB) in land dispute resolution, and the supporting and inhibiting factors for the application of AUPB in resolving land disputes. This study used a sociological juridical approach, with the type of empirical juridical research. The procedure for resolving land disputes was through two types of applications, namely letters of public complaints and implementation of court decisions. The application of AUPB in land dispute resolution started from the application, data collection and analysis, field assessment and inspection, case exposure, case settlement reports, settlement, and implementation of settlement decisions. Supporting factors for the implementation of AUPB were the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 11 of 2016, Section for Handling Land Problems and Control, as well as facilities and infrastructure for mediation, case titles, and transportation. The obstacle of the AUPB implementation included the inkracht decision to issue replacement certificates that had not been explicitly regulated, resulting in land registration services being blocked by the system and uncooperative parties.

Urgensi Keberadaan Pengaturan Larangan Kepemilikan Tanah Secara Absentee dalam Reforma Agraria Prawita, Metrika; Istislam, Istislam; Laila, Fathul
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 6, No 2 (2021): Desember 2021
Publisher : Universitas Negeri Malang

This study aimed to analyze the regulation on Absentee land ownership, the purpose of Absentee land ownership regulation, and the urgency and relevance of the regulation on Absentee land ownership in agrarian reform. The type of research used in this study was normative juridical with a positivist legalistic approach. The regulation on the prohibition of absentee land ownership was regulated in additional rules contained in Articles 3A to 3E of Government Regulation Number 41 of 1964 and further reaffirmed by Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of BPN Number 18 of 2016 concerning Control of Agricultural Land Control. The purpose of the regulation on the prohibition of absentee land ownership was so that the local community could enjoy the results obtained from land management. The urgency and relevance of the regulation on the prohibition of absentee land ownership at the time of agrarian reform could not be carried out effectively because there was no specific regulation governing Absentee land. Thus, it was necessary to review and even eliminate some regulations no longer by current and future developments.

Pembebasan Tanggung Jawab Kepala Kantor Pertanahan Akibat Force Majeure dalam Pendaftaran Hak Tanggungan Secara Elektronik Wirautama, Bagus Raditya; Istislam, Istislam; Yuliati, Yuliati
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 7, No 1 (2022): Maret 2022
Publisher : Universitas Negeri Malang

This study aimed to analyze the release of the responsibility of the Head of the Land Office in the electronic mortgage registration process and the enactment and reformulation of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 5 of 2020. This study used a normative juridical method with a statutory and conceptual approach. The Head of the Land Office was declared free from responsibility in the event of cancellation of the application for registration of mortgage rights due to force majeure or an emergency. The enforcement of Article 25 paragraph (1) of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 5 of 2020 created disharmony with Article 15 paragraph (3) of Law Number 19 of 2016, Article 13 paragraph (4) of Law Number 4 of 1996, and Article 6 paragraph (1) letter g and the letter i of Law Number 12 of 2011. Reformulation could be carried out by adding the phrase "can be proven" in Article 25 paragraph (1), the phrase "holiday" in Article 16 paragraph (2), and expanding the meaning of the phrase "holidays" in Article 1 of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 5 of 2020.

Keabsahan Hukum Kebijakan Transfer Kuota Domestic Market Obligation (DMO) Batu Bara Alkanu, David Pandu; Negara, Tunggul Anshari Setia; Istislam, Istislam
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 5, No 1 (2020): Juni 2020
Publisher : Universitas Negeri Malang

This study aimed to analyze the legal validity of the DMO policy which was based on the Minister of Energy and Mineral Resources Letter 2783/32/MEM.B/2018 dated April 19, 2018, and the legal implications of the DMO quota transfer policy on mining companies. This research was a normative study using a statute approach. The results showed the coal DMO quota transfer policy was a policy that recognized its existence and had binding legal force. The DMO quota transfer policy had implications for fulfilling quotas for mining companies that contract with State Electricity Enterprise and mining companies that did not contract with State Electricity Enterprise. Mining companies that contract with State Electricity Enterprise could buy and sell coal which was more than the 25% coal DMO obligation with State Electricity Enterprise. Quota transfers made by mining companies that did not contract with State Electricity Enterprise had an uncertain price.

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

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

Conflict in Management of Passive State Administrative Decision in State Administrative Dispute Wereh, Agustien Cherly; Istislam, Dr
Brawijaya Law Journal Vol. 5 No. 2 (2018): The Role of State in Contemporary Legal Development
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2018.005.02.08

The government's task to achieve the state's objective is provided in the preamble of the 1945 Constitution of the Republic of Indonesia. In the governance system, societies often encounter tough situation, while administrative law has specially actualised constitutional norms of correlation between the state and its societies. The administrative management in the Law is seen as essential instrument of a democratic state of law, in which decision and/or act is determined by an entity and/or a government official or government apparatus involving executive, judicative, and legislative entities that run governmental functions which are possible to be examined at court. The research problem presented in this research is why there are differences between positive-passive system (stelsel) and negative-passive system regarding the management of state administrative decision. This research employed normative legal research along with prescriptive analysis method. The research result indicates that the emergence of conflict in passive administrative state management is caused by the inaccuracy of legislation in formulating laws.

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

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.

Co-Authors - Suhariningsih Abdul Madjid Ach. Rubaie Ach. Rubaie, Ach. Achmad, Rinalvin Adelina Silvia Bilqis Adi Kusumaningrum Adi Kusumaningrum Adis Nevi Yuliani Adis Agusmidah Agusmidah Ahmad Rizgi Ajeng Hanum Arditha Anggraeni Ali Safa’at, Muchamad Alkanu, David Pandu Amelia Ayu Paramitha Angga Kurniawan Anindita Purnama Ningtyas Arini Jauharoh Arsy Azuhra Artha Munnofa Atika Sunarto Bagus Raditya Wirautama Clara Titania Endya Cuikitalia Cuikitalia David Pasaribu Dewi Cahyandari Dewi Cahyandari Dewi Cahyandari, Dewi Dhia Al Uyun Dhia Al-Uyun Diah Aju Wisnuwardhani Dina Imam Supaat Dita Ernanda Dwi Qurbani, Indah Dyah Aju Wisnuwardhani Endra Agus Setiawan Ernanda, Dita Fahmi Kamuli Fahrur Rozi Fathul Laila, Fathul Hamidah, Siti Hanif Nur Widhiyanti Hendrarto Hadisuryo Herman Suryokumoro Hezron Sabar Rotua Tinambunan Hezron Sabar Rotua Tinambunan Hezron Sabar Rotua Tinambunan Himawan Sutanto I Nyoman Nurjaya Imam KOESWAHYONO Indah Dwi Qurbani Indah Dwi Qurbani Indah Febriani Indah Febriani, Indah Indriana Prima Puspita Sari Indriani, Raden Ine Sri Isma Faradila Iwan Permadi Janwar Hippy Jihan Fernanda Khoirul Hidayah Khoirul Hidayah Laksono Trisnantoro Luthfi Marfungah Luvika Sari M Ikbar Andi Endang M Nur Syafiuddin M. Ikbar Andi Endang M. Ikbar Andi Endang Maisyarani, Ghina Moch. Rif’an Moh Fadli Moh. Fadli Moh. Fadli Moh. Ridwan Moh. Ridwan, Moh. Mohamad Fadli Mohamad Rifan Nadya Dara Prasetyo Najah Baroud Ngboawaji Daniel Nte Nilam Ayu Kasanah Nurini Aprilianda Nyoman Nurjaya Nyoman Nurjaya, Nyoman Pitoyo Widhi Atmoko Prawita, Metrika Prija Djatmika Prija Djatmika Prija Djatmika, Prija Putri Langgeng Sari Qoirul Khitam Bastomi R. Imam Rahmat Sjafi'i R. Imam Rahmat Sjafi’i Rachmad Safaâ€™at Rachmad Safa’at Rachmad Safa’at Redam Guruh Krismantara Reka Dewantara Rendy Dwiandika Rinalvin Achmad Wiryawan Rinalvin Achmad Wiryawan Safa’at, Muchamad Ali Safa’at, Rachmad Sam Widodo, Ibnu Samuel Nainggolan Setiawan, Endra Agus Shafira Hilda Tryana Shinta Hadiyantina Shinta Hadiyantina Shinta Hadiyantina Sinambela, Jamalum Siti Hamidah Siti Hamidah Sudarsono Sudarsono SUDARSONO Sudarsono, Leananda Ayu Suhariningsih Sutiarnoto Tajudin, Amalina Ahmad Tinambunan, Hezron Sabar Rotua Triya Indra Rahmawan Tunggul Ansari Setia Negara Tunggul Anshari SN Uci Novita Unun Purweheni Wereh, Agustien Cherly Widhy Andrian Pratama Yenni Eta Widyanti Yenny Eta Widyanti Yuliati - Yuliati Yuliati Yusti Merilistia Zamrony ABDUSSAMAD Zhein Fajar Rheina

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