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All Journal Jurnal Ius Constituendum Pena Justisia: Media Komunikasi dan Kajian Hukum
Istislam Istislam
Brawijaya University
Law, Crime, Criminology & Criminal Justice

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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

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
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 Angga Kurniawan I Nyoman Nurjaya Jihan Fernanda Qoirul Khitam Bastomi R. Imam Rahmat Sjafi’i