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All Journal Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Sriwijaya Law Review Jurnal Konstitusi Jurnal Selat Pena Justisia: Media Komunikasi dan Kajian Hukum International Journal of Business, Law, and Education Journal of Social Research International Journal of Humanities Education and Social Sciences International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Indonesia Law Review (ILREV) Estudiante Law Journal
Istislam Istislam, Istislam
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Religion Aerospace Engineering Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences Other

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Legal Protection for Citizens Affected by The Termination of Access Policy of Unregistered Private Scope Electronic System Operators Wiryawan, Rinalvin Achmad; Istislam, Istislam; Uyun, Dhia Al
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

Abstract

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.
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

Abstract

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

Abstract

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.
Synergy and Accountability of Financial Supervision in Governance Pranomo, Sigit; Istislam, Istislam; Hadiyantina, Shinta
International Journal of Business, Law, and Education Vol. 6 No. 1 (2025): 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.v6i1.1042

Abstract

This research aims to analyze the implications of supervision that is not based on synergy and accountability and how the regulatory criteria are in accordance with the legislation. This research uses normative juridical research method with statutory approach and conceptual approach. The implications of supervision that is not synergistic and accountable can have conssequences in the form of the risk of corruption and budget abuse, inefficiency in managing state finances, and lack of transparency to the public. 2. The implications of non-synergistic and accountability-based oversight suggest that inefficient oversight increases the risk of corruption, budgetary misappropriation, and inefficiency in the management of the state budget. Furthermore, distorted transparency in the presentation of audit results reduces public confidence in the government's financial oversight system. Follow-up on irregularities is also slow due to differences in audit results and the absence of synergy between oversight institutions.
Ministry of Land Responsibility For Mortgage Rights on Certificates Burdened by Land And Building Duty Amaliah, Ana; Safa’at, Rachmat; Istislam, Istislam
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 7 No 2 (2025)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v7i2.466

Abstract

This study discusses the responsibility of the Ministry of Land Affairs in issuing Mortgage Rights for land certificates that are still subject to Land and Building Acquisition Fees. This study uses an empirical method. Data were obtained through analysis and primary data from interviews with the Land Office, creditors, and local governments, secondary data from laws and regulations, and tertiary data from literature and related legal documents. The results of the study indicate that verification of Land and Building Acquisition Fee payments before the issuance of Mortgage Right certificates is still not optimal due to the coordination agreement between the Land Office and local governments. In addition, a weak data integration system and low public awareness of the obligation to pay Land and Building Acquisition Fees also contribute to this problem. As a result, there is a risk for creditors in executing collateral and obstacles for debtors in the process of transferring land rights.
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

Abstract

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.
The Right to Communicate and Accessing Information on the Termination of Access Policy of Unregistered Private Scope Electronic System Operators Achmad Wiryawan, Rinalvin; Istislam, Istislam; Al Uyun, Dhia
Journal of Social Research Vol. 3 No. 2 (2024): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v3i2.1946

Abstract

The policy of terminating access to Private Scope Electronic System Providers (Private Scope PSE), to several internet platforms including: Paypal, Yahoo, Epic Games, Steam, Dota, Counter Strike, Xandr.com, and Origin, which occurred on July 30, 2022. The termination of Private Scope PSE Access is due to the unregistered Private Scope PSE, whose provisions are regulated in the Permenkominfo PSE Private Scope. The policy of terminating access to the Private Scope PSE by the government is detrimental to citizens as users of the Private Scope PSE platform services whose access is terminated by the Government. Citizens have the right to communicate and access Private Scope PSE services which are Human Rights, as stipulated in the provisions of Article 28F of the 1945 Constitution of the Republic of Indonesia, Article 14 of the Human Rights Law, Article 19 of the Universal Declaration of Human Rights, and Article 19 of the International Covenant on Civil and Political Rights.
Legal Consequences and Legal Protection of Notarial Deeds Made Based on False Circular Document Fernanda, Jihan; Istislam, Istislam; Sjafi’i, R. Imam Rahmat
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

Abstract

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
Co-Authors Ach. Rubaie, Ach. Achmad Wiryawan, Rinalvin Achmad, Rinalvin Alkanu, David Pandu Amaliah, Ana Bagus Raditya Wirautama Dhia Al Uyun Dhia Al Uyun, Dhia Ernanda, Dita Fahrur Rozi Fathul Laila, Fathul Fernanda, Jihan Indah Dwi Qurbani Indah Dwi Qurbani Indah Febriani, Indah Indriani, Raden Ine Sri Khoirul Hidayah Luthfi Marfungah Maisyarani, Ghina Moh. Ridwan, Moh. Nyoman Nurjaya, Nyoman Pranomo, Sigit Prawita, Metrika Prija Djatmika, Prija Rachmad Safa’at Safa’at, Muchamad Ali Safa’at, Rachmad Safa’at, Rachmat Setiawan, Endra Agus Shinta Hadiyantina Siti Hamidah Sjafi’i, R. Imam Rahmat Suhariningsih Triya Indra Rahmawan Tunggul Ansari Setia Negara Uyun, Dhia Al Wiryawan, Rinalvin Achmad Yuliati -