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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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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
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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

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; Moch. Rif’an; Nilam Ayu Kasanah; Hezron Sabar Rotua Tinambunan; Najah Baroud
Jurnal Suara Hukum Vol. 8 No. 1 (2026): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v8n1.p101-131

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.

Balancing Public Interest with Property Rights in Indonesian and Kenya Toll Road Acquisition: Menyeimbangkan Kepentingan Umum dengan Hak Milik dalam Pembebasan Lahan untuk Jalan Tol di Indonesia dan Kenya Rendy Dwiandika; Moh. Fadli; Reka Dewantara; Istislam Istislam
Rechtsidee Vol. 14 No. 2 (2026): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v14i2.1157

General Background: Toll road development requires states to reconcile infrastructure objectives with constitutional protection of private property. Specific Background: In Indonesia and Kenya, land acquisition for commercially operated toll roads under Public Private Partnership schemes raises recurring questions concerning public interest, eminent domain, compensation, participation, and judicial protection. Knowledge Gap: Previous research largely addressed consultation, social conflict, or property protection within a single jurisdiction and did not comparatively examine commercial toll road acquisition across civil law and common law systems. Aims: This normative legal study compares statutory rules, constitutional provisions, legal doctrines, and jurisprudence governing toll road land acquisition in Indonesia and Kenya through comparative and conceptual approaches. Results: Both jurisdictions face difficulties in defining public interest and securing fair compensation for commercially operated infrastructure; Indonesia emphasizes procedural certainty, whereas Kenya allows broader substantive judicial review. Novelty: The study connects divergent legal traditions within one comparative framework focused specifically on eminent domain for commercial toll road partnerships. Implications: A balanced legal model requires proportionality, meaningful public participation, comprehensive compensation, livelihood-sensitive protection for vulnerable groups, and effective judicial safeguards. Highlights: One jurisdiction prioritizes procedural certainty, while the other permits broader substantive judicial review. Commercial infrastructure schemes complicate definitions of public interest and fair compensation. Proportionality, meaningful participation, comprehensive payment, and court protection form the proposed model. Keywords: Public Interest, Property Rights, Toll Road Land Acquisition

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

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

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.

Constitutional Dilemmas of Relocating the State: Comparative Legal Perspectives between Indonesia and Malaysia: Dilema Konstitusional dalam Pemindahan Ibukota: Perspektif Hukum Komparatif antara Indonesia dan Malaysia Sam Widodo, Ibnu; Ali Safa’at, Muchamad; Istislam; Dwi Qurbani, Indah
Perspektif Hukum VOLUME 26 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v26i1.647

he relocation of Indonesia's national capital from Jakarta to Nusantara Capital City (Ibu Kota Nusantara/IKN) under Law No. 3 of 2022, as amended by Law No. 21 of 2023, raises fundamental constitutional problems regarding its institutional design. IKN is designated a "special" provincial-level regional government headed by an Authority (Otorita) whose leader is appointed directly by the President, without a Regional People's Representative Council (DPRD) or regional elections (pilkada), raising questions about its compatibility with the regional autonomy principle under Article 18 of the 1945 Constitution. This study employs normative legal research through statutory, conceptual, and comparative approaches, examining Indonesian legislation alongside Malaysia's Federal Territory of Putrajaya Act 1995, which similarly established an administrative center exempted from standard local democratic mechanisms while Kuala Lumpur retained its status as constitutional capital. The analysis finds that IKN's Otorita model satisfies Article 18 paragraphs (1) and (2) but fails paragraphs (3) and (4), rendering it a sui generis entity closer to a centralized administrative territory than a genuine autonomous region—a deviation with graver constitutional consequences than in Putrajaya's federal context, where national representation remains preserved through Kuala Lumpur. The study proposes reconceptualizing IKN as a Special Capital Region Province bound by constitutional autonomy principles, establishing proportional popular representation during the transition period, and adopting technology-based public participation modeled on Putrajaya's e-participation practices. These findings offer a comparative constitutional law perspective addressing a gap left unexamined by prior IKN- and Putrajaya-focused literature.

Quo Vadis Presidential Threshold : Implications of The Constitutional Court Decision No. 62/PUU-XXII/2024 on The Election of The President and Vice President of Indonesia Redam Guruh Krismantara; Istislam; Shinta Hadiyantina
NEGREI: Academic Journal of Law and Governance Vol. 6 No. 1 (2026)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v6i1.15240

Leadership succession became one of the reform agendas embodied in the amendments to the constitution. One significant change introduced through the amendments was the direct election of the president and vice president as a single ticket by the people. This direct election mechanism was intended solely to strengthen Indonesia's presidential system. However, the implementation of presidential and vice-presidential elections has given rise to various issues, particularly regarding the presidential threshold requirement that must be met by political parties or coalitions of parties proposing candidates. The presidential threshold regulation in positive law is set out in Article 222 of Law Number 7 of 2017 concerning General Elections. This provision has been repeatedly subjected to judicial review before the Constitutional Court and was consistently rejected until Decision No. 62/PUU-XXII/2024, in which the Court declared the presidential threshold unconstitutional. This research examines the regulation of the presidential threshold and the legal implications following Decision No. 62/PUU-XXII/2024. The method used in this study is normative juridical, employing statutory, conceptual, and comparative approaches. The legal materials used consist of primary, secondary, and tertiary sources collected through library research. The issuance of this decision eliminates the threshold requirement that has long posed challenges in the nomination of presidential and vice-presidential candidate pairs. The Court stated that all political parties participating in elections are entitled to propose their own presidential and vice-presidential candidate pairs to ensure the availability of alternatives, in accordance with the original intent of the constitutional.

Legal Protection for Citizens Affected by The Termination of Access Policy of Unregistered Private Scope Electronic System Operators Rinalvin Achmad Wiryawan; Istislam Istislam; Dhia Al Uyun
International Journal of Business, Law, and Education Vol. 5 No. 1 (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.v5i1.574

On July 30, 2022, the government's policy in terminating access to unregistered private scope electronic system operators to several internet platforms including: Paypal, Yahoo, Epic Games, Steam, Dota, Counter Strike, Xandr.com, and Origin, has resulted in material and immaterial losses to citizens who use the platform of unregistered private scope electronic system operators. The government's policy in terminating access or blocking access to PSE LP, harms the digital rights of citizens. Blocking has an impact on the inaccessibility of services and loss of revenue due to termination of PSE LP access. Citizens are eligible for legal protection, which includes preventive and repressive legal protection. Preventive protection includes the right to communicate and access information guaranteed in human rights provisions. Repressive protection includes the right to legal guarantees for legal remedies in filing state administrative court lawsuits.

Legal Protection for Prospective Notaries Against Unfinished Notary Obligations When the Notary Dies Artha Munnofa; Istislam; Hendrarto Hadisuryo
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 6 No 2 (2024): International Journal of Islamic Education, Research and Multiculturalism (IJIERM
Publisher : The Islamic Education and Multiculturalism Foundation

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

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 Ahmad Rizgi; Istislam; Dyah Aju Wisnuwardhani
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 6 No 3 (2024): International Journal of Islamic Education, Research and Multiculturalism (IJIERM
Publisher : The Islamic Education and Multiculturalism Foundation

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

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.

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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