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Haris Retno Susmiyati
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Mulawarman Law Review Faculty of Law, Mulawarman University Sambaliung Street, Kampus Gunung Kelua, Samarinda - East Borneo - Indonesia 75119
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Mulawarman Law Review
Published by Universitas Mulawarman
ISSN : 25273477     EISSN : 25273848     DOI : https://doi.org/10.30872/mulrev.v7i1
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Mulawarman Law Review (MULREV) is a peer-reviewed journal published by Faculty of Law, Mulawarman University. MULREV published twice a year in June and December. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. The aims of this journal is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of Criminal Law, Civil Law, International Law, State and Administrative Law, Islamic Law, Economic Law, Adat Law and Local Custom, Natural Resources and Environmental Law and another section related contemporary issues in law. ISSN: 2527-3485 | e-ISSN: 2527-3477
Arjuna Subject : Ilmu Sosial - Hukum
Articles 147 Documents
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From Advocacy to Indemnity: Rethinking Lawyers’ Fees as Elements of Civil Compensation Ghansham Anand; Angelica Novia Walasondakh; Gwyneth Eugenia Keisya Howard
Jurnal Mulawarman Law Review Vol 10 No 2 (2025): Mulawarman Law Review - December 2025
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/

Abstract

Lawyers' fees often constitute a substantial economic burden for litigants, particularly for parties who perceive themselves as having suffered a violation of their rights due to another's conduct. In practice, there has been a growing tendency to demand the shifting of legal fees to the opposing party as part of a claim for damages in civil proceedings. However, Indonesian legislation has yet to provide explicit regulation on this matter. This legal lacuna has led to divergent judicial interpretations, resulting in a duality of views within judicial practice. This article seeks to analyse the legal standing of lawyers' fees within the framework of civil law as a compensable element of damages, and to identify the legal conditions under which the imposition of legal fees on the opposing party may be justified. Employing a normative juridical method with statutory, conceptual, case-based, and comparative approaches, this study finds that judicial opinions remain divided regarding the recognition of lawyers' fees as recoverable damages, and that no explicit procedural rule currently governs the shifting of such costs. By way of comparison, the article examines the American Rule and the English Rule on cost allocation to highlight contrasting paradigms in the treatment of legal fees. The analysis ultimately recommends the formulation of clearer norms, whether through judicial instruments such as a Supreme Court Circular or through legislative reform, in order to foster legal certainty and ensure the proportional and equitable protection of civil rights.
Realizing the Trinity of Pancasila Justice: A Socio-Legal Study of a Community-Based Conflict Resolution Ahmad Saparwadi; FX Joko Priyono; Ro’fah Setyowati
Jurnal Mulawarman Law Review Vol 10 No 2 (2025): Mulawarman Law Review - December 2025
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/

Abstract

Public conflicts involving both religious and economic sentiments, such as the case of the "religious seller" (Gus Miftah) and the "ice tea seller," (Sunhaji) present unique challenges that are often difficult to resolve through formal law. This study aims to analyze the settlement of cases between religious sellers and iced tea sellers based on Pancasila justice. The type of research used is normative-empirical research with a philosophical, conceptual, and socio-legal approach. The legal materials used are primary and secondary, which are then analyzed using qualitative descriptive techniques. The results of the study show that the settlement of cases between religious sellers and ice tea sellers reflects the values of Pancasila justice because it is able to provide substantive justice for the parties. This is based on the mechanism of case settlement through deliberation, which is part of the values of divine justice and humanity and also society, one of which is mutual forgiveness between the two parties. The religious seller received social sanctions from the community for his insults, which were considered a warning from God and the community. Meanwhile, the iced tea seller received rewards from God and society in the form of material and immaterial support for what he experienced. Thus, this case represents justice for both parties in the context of Pancasila justice, which encompasses divine, humanitarian, and social justice.
Currency Crime and Penal Proportionality: Indonesia’s 2023 Criminal Code in Comparative Perspective Fahrizal S.Siagian Fahrizal; Mahmud Mulyadi; Panca Sarjana Putra; Rengga Kusuma Putra; Saied Firouzfar
Jurnal Mulawarman Law Review Vol 10 No 2 (2025): Mulawarman Law Review - December 2025
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/

Abstract

The enactment of the 2023 National Criminal Code (KUHP) has implications for the criminal justice system in various specific laws and regulations, including Law No. 7 of 2011 on Currency. This study aims to analyse the position and relevance of criminal sanctions in the Currency Law after the enactment of the 2023 National Criminal Code, using a comparative approach between civil law and common law systems. The study focuses on the differences in philosophy, objectives of punishment, and proportionality of sanctions applied in Indonesia, Japan, and the United States. The research method used is normative-comparative legal research, with a statute approach, conceptual approach, and comparative approach. Data was obtained through a literature study of the 2023 Criminal Code, Law No. 7 of 2011, and currency regulations in several comparable countries. The results of the study show that the penal system in the Indonesian Currency Law is still repressive and symbolic in nature, emphasising the protection of the sovereignty of the Rupiah as a symbol of the state. This differs from the common law system (such as in the United States and the United Kingdom), which focuses on economic functions and public confidence in monetary stability, and the civil law system in Japan, which combines social moral values and economic stability. The enactment of the 2023 National Criminal Code opens up opportunities for harmonisation and reconstruction of criminal policy to be more proportional, humanistic, and in line with developments in the global legal system without reducing the value of the Rupiah's sovereignty.
Law Enforcement Formulation of Criminal Acts of Statistical Data Leakage Gusti Anom Wijaya
Jurnal Mulawarman Law Review Vol 8 No 2: Mulawarman Law Review - December 2023
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/

Abstract

The act of data leakage carried out by statistical officers is one of the statistical crimes contained in Statistics Law Number 16 of 1997 article 37. In fact, until now the application of law enforcement to data leakage measures has never been applied. The existence of Statistics Law Number 16 of 1997 regarding statistical crimes related to data leakage is questionable. The methodology used in this study is empirical research by analyzing data and facts regarding the incidence of statistical data leakage. The results of this study show that the potential occurrence is caused by unethical statistical officers, lack of data security and social engineering. Law enforcement in the act of data leakage of statistical officers can be carried out with a deterrence mechanism and cooperation with law enforcement related to the enforcement of articles of Statistics Law Number 16 of 1997 article 37 as the ultimate remedium.
Religious Moderation Policy Through Good Governance and Bugis Philosophy Pakkawarui Madecengnge Syafa’at Anugrah Pradana; Hasanuddin Hasim; Yusniar
Jurnal Mulawarman Law Review Vol 11 No 1 (2026): VOLUME 11 ISSUE 2 JUNE 2026
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/

Abstract

This article examines the strengthening of religious moderation policy in Amparita Village, South Sulawesi, by integrating the General Principles of Good Governance (AUPB) with the Bugis local philosophy Pakkawarui Madecengnge (“keep doing goodness”). The study is motivated by the increasing challenges of religious diversity and the need for a governance-based framework to ensure sustainable harmony. The objective of this paper is to analyze how good governance principles—such as legal certainty, transparency, accountability, and public participation—intersect with Bugis cultural values in shaping inclusive religious moderation policies at the local level. Employing a juridical-empirical method with qualitative analysis, data were collected through in-depth interviews with local government officials, religious leaders, and community representatives, supported by document analysis of relevant regulations. The findings reveal that the implementation of religious moderation in Amparita is not merely a top-down policy but is rooted in everyday social practices and cultural ethos. The philosophy of Pakkawarui Madecengnge provides an ethical foundation that resonates with AUPB, reinforcing collective responsibility, fairness, and transparency in policy implementation. Results also highlight several challenges, including the absence of binding local regulations, limited financial resources, and reliance on the initiative of local leaders. Nevertheless, the integration of AUPB and local wisdom has fostered effective interfaith dialogue, strengthened social cohesion, and enhanced public trust in governance. This study concludes that combining formal governance principles with local cultural values offers a replicable model for religious moderation policy in plural societies. The contribution of this article lies in positioning religious moderation not only as a socio-cultural practice but also as a governance-based public policy framework enriched by local wisdom.
Criminal Liability for Deepfake Dissemination: Under Indonesia's Cybercrime Framework B. Wahyu Nurmita Sari; Ali Huristak Hartawlan Hasibuan; Suharto
Jurnal Mulawarman Law Review Vol 11 No 1 (2026): VOLUME 11 ISSUE 2 JUNE 2026
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/

Abstract

The advancement of artificial intelligence (AI) technology, particularly the Generative Adversarial Network (GAN) architecture, has given rise to deepfakes, a serious threat to the digital information ecosystem. Deepfake technology enables the synthesis of a person’s face, voice, and body movements into highly convincing fabricated content, thereby posing risks to information integrity, individual privacy, and national security. This study aims to analyze: (1) the legal qualification of deepfake dissemination as a criminal act of electronic information manipulation under Article 35 in conjunction with Article 51 paragraph (1) of Law Number 1 of 2024 concerning the Second Amendment to the Electronic Information and Transactions Law; and (2) the forms of criminal liability imposed upon perpetrators of harmful deepfake dissemination based on the 2024 Electronic Information and Transactions Law and Law Number 27 of 2022 concerning Personal Data Protection. This research employs a normative juridical method, drawing on statutory, conceptual, and comparative approaches. The findings indicate that the dissemination of deepfake content may be classified as electronic information manipulation under Article 35 of the 2024 Electronic Information and Transactions Law, carrying penalties of up to 12 years’ imprisonment and/or fines of up to IDR 12,000,000,000. Furthermore, the creation of deepfake content involving biometric data without consent constitutes a violation of the Personal Data Protection Law, punishable by up to 6 years’ imprisonment and/or fines of up to IDR 6,000,000,000. This study recommends establishing a lex specialis regulation explicitly criminalizing the creation and dissemination of harmful deepfake content, accompanied by mandatory labeling of AI-generated content and strengthened digital forensic capabilities.
Reformulation of Secured Creditors' Execution Rights in Bankruptcy: Economic and Justice Perspectives Luhut Sagala; Budi Santoso; Ery Agus Priyono
Jurnal Mulawarman Law Review Vol 11 No 1 (2026): VOLUME 11 ISSUE 2 JUNE 2026
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/

Abstract

The stability of the banking sector is crucial for economic development, yet resolving Non-Performing Loans (NPL) often faces severe legal hurdles during corporate bankruptcy. This article analyzes the normative conflict in Indonesia's legal framework, specifically between collateral laws that guarantee immediate execution rights (parate executie) and Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. The objective of this study is to examine how Articles 56 and 59 of the Bankruptcy Law restrict the execution rights of secured creditors (separatist creditors) through a 90-day stay period and a strict two-month execution limit. This research uses a normative legal method with statute and case approaches, analyzed through the Economic Analysis of Law and John Rawls's Theory of Justice. The findings indicate that the current bankruptcy regime structurally limits the rights of secured creditors, often forcing the surrender of collateral to the receiver (kurator), where auction proceeds are significantly reduced by bankruptcy costs and receiver fees. This legal uncertainty slows down credit distribution and increases systemic financial risks. The article concludes that reformulating the bankruptcy legal framework is necessary to restore equitable execution rights for secured creditors, ensuring a balanced approach between corporate rescue mechanisms and creditor protection.

Page 15 of 15 | Total Record : 147

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