cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Haris Retno Susmiyati
Contact Email
harisretno@fh.unmul.ac.id
Phone
+6281297555572
Journal Mail Official
mulrev@fh.unmul.ac.id
Editorial Address
Mulawarman Law Review Faculty of Law, Mulawarman University Sambaliung Street, Kampus Gunung Kelua, Samarinda - East Borneo - Indonesia 75119
Location
Kota samarinda,
Kalimantan timur
INDONESIA
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 143 Documents
 11   12   13   14   15 
From Advocacy to Indemnity: Rethinking Lawyers’ Fees as Elements of Civil Compensation Anand, Ghansham; Walasondakh, Angelica Novia; Howard, Gwyneth Eugenia Keisya
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; Priyono, FX Joko; Setyowati, Ro’fah
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, Fahrizal S.Siagian; Mulyadi, Mahmud; Putra, Panca Sarjana; Putra, Rengga Kusuma; Firouzfar, Saied
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.

Page 15 of 15 | Total Record : 143

 11   12   13   14   15 

Filter by Year

2018 2025


Reset
Filter By Issues
All Issue Vol 10 No 2 (2025): Mulawarman Law Review - December 2025 Vol 10 No 1: Mulawarman Law Review - June 2025 Vol 9 No 2 (2024): Mulawarman Law Review Vol 9 No 2: Mulawarman Law Review - December 2024 VOLUME 9 ISSUE 1 JUNE 2024 Vol 9 No 1: Mulawarman Law Review - June 2024 VOLUME 8 ISSUE 2 DECEMBER 2023 Vol 8 No 2: Mulawarman Law Review - December 2023 Vol 8 No 1: Mulawarman Law Review - June 2023 VOLUME 8 ISSUE 1 JUNE 2023 VOLUME 7 ISSUE 2 DECEMBER 2022 Vol 7 No 2: Mulawarman Law Review - December 2022 VOLUME 7 ISSUE 1 JUNE 2022 Vol 7 No 1: Mulawarman Law Review - June 2022 Vol 6 No 2: Mulawarman Law Review - December 2021 VOLUME 6 ISSUE 2 DECEMBER 2021 VOLUME 6 ISSUE 1 JUNE 2021 Vol 6 No 1: Mulawarman Law Review - June 2021 Vol 5 No 2: Mulawarman Law Review - December 2020 Vol 5 No 1: Mulawarman Law Review - June 2020 Vol 4 No 2: Mulawarman Law Review - December 2019 Vol 4 No 1: Mulawarman Law Review - June 2019 Vol 3 No 2: Mulawarman Law Review - December 2018 Vol 3 No 1: Mulawarman Law Review - June 2018 More Issue