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Istislam

Faculty Of Law, Universitas Brawijaya

Author-ID : 3225892

Religion Aerospace Engineering Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Neuroscience Social Sciences Other

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Constitutional Responsibility for Regulating Food Sovereignty Rozi, Fahrur; Safa’at, Muchamad Ali; Istislam, Istislam
International Journal of Business, Law, and Education Vol. 5 No. 2 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i2.725

This study aims to analyze the constitutional responsibility for food sovereignty and self-reliance as regulated in Law Number 6 of 2023 concerning Job Creation. The type of research used is normative research with a statute approach and conceptual approach. Based on the results of the research, it shows that the enactment of Law No. 6 of 2023 concerning Job Creation, especially in terms of food, has implications for the goals of food sovereignty and self-reliance in Indonesia, which were previously stipulated in Law No. 18 of 2012 concerning Food. It is feared that this will affect the decline in farmers' welfare levels due to the absence of restrictions on food imports. The position of food imports parallel to domestic production and national food reserves no longer reflects the essence of food sovereignty. In this problem, the constitutional responsibility related to food sovereignty is to review Law No. 6 of 2023 on Job Creation to ensure the achievement of public welfare.

Empowering Communities Through Old Oil Wells: Analyzing Legal Frameworks and Policy Gaps in Indonesia Febriani, Indah; Safa’at, Rachmad; Istislam, Istislam; Qurbani, Indah Dwi
Sriwijaya Law Review Volume 9 Issue 1, January 2025
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol9.Iss1.4261.pp95-113

This article examines the relationship between the operation of old oil wells, as governed by Minister of Energy and Mineral Resources Regulation Number 1 of 2008, and the improvement of community welfare, particularly for communities surrounding mining areas. The regulation aims to empower communities by enabling their participation in oil well operations through Village Unit Cooperatives (KUD) and Regionally Owned Business Entities (BUMD). Employing a socio-legal approach, this study conceptualizes law as a functional social institution and investigates its application in three sub-districts in Musi Banyuasin Regency, South Sumatra Province. The findings reveal that the regulation is ineffective due to its complex permit requirements, which are perceived as a significant obstacle by local communities, thereby impeding its objectives. Moreover, the regulation lacks explicit legal provisions to address community welfare by exploiting old oil wells. To address these shortcomings, the study recommends revising the regulation to simplify licensing procedures and include explicit provisions that promote community welfare. Additionally, it emphasizes the need for policy instruments, such as legal assistance, mentoring, technical and non-technical guidance, and continuous supervision, to support community-led mining activities. These measures are essential to ensure that the operation of old oil wells contributes meaningfully to the welfare of local communities, aligning with the regulation's intended goals.

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

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.

Excise Regulation For Single-Use Plastics As An Effort To Reduce Environmental Pollution In Indonesia Maisyarani, Ghina; Istislam, Istislam; Indra Rahmawan, Triya
Estudiante Law Journal VOL. 7 NO. 3 OCTOBER 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i3.32882

This study examines the legal vacuum in the regulation of excise duty on single-use plastics in Indonesia. The accumulation of poorly managed plastic waste has become a serious threat to the environment, but until now there has been no strong legal basis to deal with this problem. Although single-use plastics meet the criteria of excisable goods (BKC) as stipulated in Article 2 Paragraph (1) of Law No. 39 of 2007 on excise, until now it has not been regulated in excise regulations. Therefore, the imposition of excise duties is a strategic step in controlling the consumption of single-use plastics and reducing the impact of environmental pollution. This study uses normative juridical method with comparative approach to law and legislation approach. Legal material is collected through the study of literature and internet sources, then analyzed by prescriptive techniques as well as through systematic interpretation. The results show that the urgency of regulating excise duty for single-use plastics can be viewed from a philosophical, juridical, and sociological perspective. This regulation is in line with the values of Pancasila, the existing legal framework, and efforts to overcome environmental pollution in Indonesia. A comparative analysis of excise policy in Ireland and Denmark provides insight into applicable regulatory models. As a recommendation, This study proposes a draft clause in the excise law to support the expansion of the types of excisable goods, which is currently still under discussion.

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

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.

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

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

Legal Consequences and Legal Protection of Notarial Deeds Made Based on False Circular Document Jihan Fernanda; Istislam Istislam; R. Imam Rahmat Sjafi’i
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.4739

Actual or potential, within the limits of reasonable expectation, a Notary may make an authentic deed, but it turns out that the circular document used as the basis for making the authentic deed turns out to be fake. Therefore, this research aims to analyze the consequences and legal protection of Notarial deeds made based on fake circular documents. This research is a normative research that uses statute and conceptual approach. The conclusion of this research is the legal consequences of a Notarial deed made based on a fake circular document, then the party who feels aggrieved by the validity of the deed can apply for the cancellation of the deed to the Court and the Notary is not liability and accountability for the deed he made. Such legal consequences can also be seen as legal protection for Notaries who make deeds but the deeds are based on fake circular documents presented by the parties, so that Notaries are exempted from liability and accountability as long as Notaries have carried out their profession in accordance with applicable protocols and codes ethics

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)
Publisher : CV. RADJA PUBLIKA

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

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).

GOVERNANCE OF MINERAL AND COAL MINING PERMITS: LEGAL DYNAMICS IN INDONESIA AND NIGERIA Hezron Sabar Rotua Tinambunan; Istislam Istislam; Shinta Hadiyantina; Adi Kusumaningrum; Ngboawaji Daniel Nte
Diponegoro Law Review Vol 10, No 2 (2025): Diponegoro Law Review October 2025
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.10.2.2025.234-253

This study examines the legal construction of authority for mineral and coal mining permits in Indonesia and Nigeria, using a normative approach grounded in statutory analysis and critical legal reasoning. It examines how central regional power configurations shape the effectiveness and justice of mining-licensing governance. The study finds that Indonesia’s regulatory framework, particularly since the enactment of the Mineral and Coal Mining Law and the Job Creation Law, consolidates licensing authority at the central level, reducing regional participation and limiting protections for indigenous and local communities. Similarly, Nigeria’s centralized licensing regime generates distributional inequities, weak transparency, and persistent conflict in resource-rich regions. The comparative findings demonstrate that excessive centralization, without substantive spatial and community participation, creates governance gaps and risks legitimacy. The study concludes that mining licensing systems in both jurisdictions require reconstruction toward a participatory decentralization model that incorporates regional involvement, community rights, and ecological justice. These insights offer implications for the design of more equitable, transparent, and sustainable natural resource governance.

Empowering Communities Through Old Oil Wells: Analyzing Legal Frameworks and Policy Gaps in Indonesia Indah Febriani; Rachmad Safaâ€™at; Istislam Istislam; Indah Dwi Qurbani
Sriwijaya Law Review Volume 9 Issue 1, January 2025
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol9.Iss1.4261.pp95-113

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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