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Muhammad Rizki Anugerah
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INDONESIA
LamLaj
Published by Universitas Lambung Mangkurat
ISSN : 25203136     EISSN : 25023128     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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 deal with a broad range of topics in the fields of Notary Law, Civil Law, Inheritance law, Tax Law, Guarentee Legal, Banking law, Constitutional Law, International Law, Administrative Law, Criminal Law, Human Right Law, Islamic Law, Environmental Law, Agrarian Law, Intellectual Property Rights, Law on Marriage and Family, Insurance law ,Cyber Law and another section related contemporary issues in law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 104 Documents
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PROGRESSIVISM OF JUDGES IN DECIDING APPLICATIONS FOR MARRIAGE DISPENSATION Josua Navirio Pardede; Wigati Taberi Asih; Thogu Ahmad Siregar
Lambung Mangkurat Law Journal Vol. 6 No. 1 (2021): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v6i1.107

Abstract

Regulation on the age limit for a marriage through Act No. 16 of 2019 is based on the spirit of anti-discrimination and protection of children’s rights from the adverse effects of child marriage. However, the efforts to complicate and prevent child marriage has yet to have a significant impact on reducing the rate of child marriage in Indonesia. This condition is occurred by the high level of applications for marriage dispensation that are granted by the court. Hence, the construction of the judge’s reasoning in observe the relationship between the substance of the law and the reasons for proposing marriage dispensation is one of the most vital and influential elements. The positivism-legism legal reasoning used in understanding of Act No.16 of 2019 is considered to be the cause of the malfunction of the regulation in protecting and guaranteeing children’s human rights. By using doctrinal legal research methods, this research produces a conceptual analysis in the form of a meta-juridical critique on positivist legal reasoning which tends to lead to the legism when trying to understand the objectives of Act No. 16 of 2019 and proposes a progressive legal notion as an ideal reasoning framework in producing decisions on applications for dispensation of marriage that have a perspective on the protection and guarantee of children’s rights.
THE CRIMINAL POLICY OF TRADEMARKS AND OMNIBUS LAW FOR INTELLECTUAL PROPERTY RIGHTS Ifrani, Ifrani
Lambung Mangkurat Law Journal Vol. 5 No. 2 (2020): September
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v5i2.108

Abstract

From the Global Intellectual Property Center (GIPC) survey, Indonesiastill considered weak in protecting intellectual property. Then the political direction of law began to look at the concept of the omnibus law to promote the ease of doing business (EoDB). Therefore, the purpose of this study is to analyze first, the legal protection issues of famous brand holders in Act No. 20/2016 through political instruments and criminal law policies. Secondly, the concept of the omnibus law as iusconstituendum of the Act Related to Indonesian Intellectual Property in the politicalperspective of criminal law. The normative method was chosen because of the objectof the study on the principles of law, theories, and doctrines of jurisprudence. The results of this study show that although Indonesia’s IPR index score increased in2019, it’s global ranking declined. This means that despite increases in scores, Indonesia’s IPR enforcement tends to be stagnant when compared to other countries.The IPR-related Act can be combined into an omnibus law. The aim is to simplify the laws of Patents, Trademarks, Copyrights, Industrial Designs, Layout Designsof Integrated Circuits, and Communal Investment Credit which greatly affect the economy and investment in Indonesia.
EQUATING VILLA WITH “HOUSE” IN AGGRAVATED THEFT OFFENSE Peter Jeremiah Setiawan; Xavier Nugraha; Widyanti Wibowo
Lambung Mangkurat Law Journal Vol. 6 No. 1 (2021): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v6i1.109

Abstract

One of the places that is often targeted by thieves is in a villa. In Article 363 paragraph (1) 3 of the Criminal Code, there is a regulation related to theft with a aggravating if the theft is carried out at night in a house or closed yard where the house is, but there is no provision that explicitly states that it is related to theft in a villa. Based on this background, the formulation of the objectives of this article is to understand: 1. What are the elements of the aggravated theft offense ? 2. Can a villa be conaidered with a “house” as an element of the aggravated theft offense ? This research is a normative legal research with statutory, conceptual, and case approaches. Based on the analysis in this article, it can be understood that 1. The elements in the offense are the same as ordinary theft, but there are additional elements that are alternative. 2. The theft in a villa at night can be qualified for theft with a aggravating factor as stipulated in Article 363 paragraph (1) of the Criminal Code, on the basis of socio-historical interpretation and extensive interpretation.
PENGGUNAAN ASURANSI TERHADAP RISIKO PELAKSANAAN JABATAN NOTARIS Asufie, Khairunnisa Noor; Qamariyanti, Yulia; Usman, Rachmadi
Lambung Mangkurat Law Journal Vol. 5 No. 2 (2020): September
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v5i2.110

Abstract

Notaris merupakan pejabat umum yang diangkat oleh pejabat yang berwenang yang berperan dalam bidang hukum keperdataan. Kewenangan Notaris diatur dalam Pasal 15 Undang-Undang Nomor 2 Tahun 2014 Tentang Perubahan Undang-Undang Nomor 30 Tahun 2004 Tentang Undang-Undang Jabatan Notaris. Mengenai kewenangan Notaris sebagai pejabat umum (openbaar ambtenaar) yangberwenang membuat akta autentik dapat dibebani tanggung jawab atas akta autentik yang dibuatnya. Perlunya perlindungan hukum bagi Notaris terhadap risikotersebut maka diperlukan adanya asuransi/pertanggungan jabatan Notaris sebagai salah satu cara pengalihan risiko. Permasalahan hukum yang terjadi adalah belumadanya produk asuransi/pertanggungan jabatan Notaris dan bentuk asuransi/pertanggunganjabatan Notaris. Tujuan dari penelitian ini untuk mengetahui urgensi dan bentuk dari asuransi/pertanggungan Jabatan Notaris. Penelitian hukum yang dilakukan merupakan penelitian hukum normatif dengan melakukan penelitian terhadapsistem hukum. Penelitian hukum yang dilakukan penulis dengan menggunakan pendekatan perundang-undangan, pendekatan konseptual, dan pendekatan perbandingan. Urgensi penggunaan perlindungan asuransi/pertanggungan jabatan Notaris merupakan suatu yang penting sebagai salah satu cara mengalihkan risikoyang dihadapi Notaris dan sebagai bentuk perlindungan hukum secara maksimaluntuk Notaris dalam pelaksanaan jabatan. Penggunaan asuransi/pertanggungan terhadap risiko pelaksanaan Notaris dapat berupa Professional insurance lebihspesifik dalam bentuk Notary insurance yang merupakan bagian dari asuransi/pertanggungan umum yang merupakan asuransi/pertanggungan kerugian dalambentuk produk baru yang dibuat oleh perusahaan asuransi/pertanggungan sebagai pemenuhan kebutuhan asuransi/pertanggungan untuk Notaris dalam pelaksanaanjabatan Notaris.
REVITALIZATION OF THE ENVIRONMENTAL SUPERVISION POLICY ON COORDINATION AND COMMITMENT BASED COAL MINING Nurul Listiyani; Rizka Zulfikar; Rakhmat Nopliardy
Lambung Mangkurat Law Journal Vol. 6 No. 1 (2021): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v6i1.111

Abstract

This study was conducted to find a form of control policies on environmental management for mining of coal that regulate the coordination between stakeholders, authorities and the object of supervision, as well as a commitment to an active role between the government, business actors and the community in monitoring environmental management. The approach method in this research is socio-juridical, with qualitative and quantitative analysis methods. The results showed that both from the regulatory and implementation aspects, the coordination of the implementation of supervision had not been regulated and implemented optimally, so that it did not support the realization of an integrated environmental management supervision based on the principle of integration. Based on this, it is necessary to establish a legal system for environmental management in the form of regional regulations which contain an integrated supervisory system with a shared commitment between the leading sector
LEGALITY OF CONSTRUCTION WORKING CONTRACTS AS AN FORMIL AGREEMENT Diana Rahmawati; Zakiyah; Muhammad Arsyad
Lambung Mangkurat Law Journal Vol. 6 No. 1 (2021): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v6i1.112

Abstract

The purpose of this study is to determine the form of construction work contracts and the legal consequences of construction work contracts that are not in accordance with the provisions of statutory regulations in the field of construction services. The legal research method used is normative legal research, which is a study of the prevailing laws and regulations which are particularly related to construction service contracts. This type of research is legal obscurity. A construction work contract is a type of formal agreement in which Law Number 2 of 2017 concerning Construction Services and its implementing regulations determines the procedures and conditions before the contract is made, including the form and content of the construction work contract, by determining the standard at a minimum, the contents of a construction service work contract that must be included in the construction work agreement by the parties. Since the construction work contract is a contract with mandatory conditions, the construction work contract is a formal agreement. This is if the construction work contract is made without paying attention to the provisions of laws and regulations in the field of construction services, both regarding the qualification requirements of a construction service provider, the procedure for selecting a service provider and the form and content of the construction service contract that has been determined by the law. As a juridical consequence, if the formal conditions are not fulfilled in a contract concerned, it is not legally enforceable or in other words it is a null and void contract (nietig, null and void).
MEASURING INDONESIA’S COMMITMENT TO REDUCING PLASTIC WASTE IN THE SEA THROUGH A LEGAL APPROACH Muhammad Insan Tarigan
Lambung Mangkurat Law Journal Vol. 6 No. 1 (2021): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v6i1.113

Abstract

Indonesia is the second-largest producer of plastic pollution in the world after China. Based on the data in 2018, there were about 1.29 million tonnes plastic waste end up in the ocean per annum. With that regard, Indonesia needs to be responsible for the negligence in doing the international obligation to prevent, reduce, and manage the pollution that affect marine environment. The purpose of this research is to observe Indonesia’s commitment in reducing plastic pollution on marine environment by doing some legal approach. Therefore, this research conducted by normative juridical and using descriptive analysis. Data analysis that obtained is done through literature study. The conclusion of this research is that the commitment of Indonesian Government on preventing plastic waste in marine environment relatively needs to be improved. There are some of regulations which already targeted that has not established yet by Indonesian Government.
STRENGTHENING COMMUNITY PARTICIPATION IN PREVENTION OF CORRUPTION THROUGH THE REGULATION INTEGRATED PARTICIPATIVE CORRECTIONAL INSTITUTIONS Wencislaus Sirjon Nansi
Lambung Mangkurat Law Journal Vol. 6 No. 1 (2021): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v6i1.114

Abstract

The Article Entitled “Strengthening Public Participation in the Prevention of Corruption through the Regulation of Integrative Participative Institutions” is a normative study that wants to analyze the importance of the role of public participation in controlling the policies of prisons in Indonesia in order to minimize corrupt practices in prisons. The results of the authors’ study found that there are obstacles in optimizing the role of public participation in efforts to prevent corruption in prisons, that correctional regulations do not strictly and in detail about community participation. Therefore, the solution offered in this paper is that the government or legislators immediately create regulations that accommodate public participation in controlling correctional policies in Indonesia through participatory correctional regulations. So that this can become a legal basis that provides legal certainty for the public to participate in preventing corruption in prisons.
URGENCY OF MARRIAGE REGULATION BETWEEN CIVIL STATE EMPLOYEES AND FOREIGN CITIZENS Dewi Masyitha
Lambung Mangkurat Law Journal Vol. 6 No. 1 (2021): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v6i1.115

Abstract

Mixed marriage has become a common thing nowadays, but the arrangement in Indonesia is still limited. Even until now there has been no regulation regarding mixed marriages between Civil Servants and Foreign Citizens, even though their status as Civil Servants has various special consequences. Thus, there is a need for a special arrangement to accommodate the rights and obligations of perpetrators of mixed marriages between civil servants and foreign citizens. This type of research uses a normative juridical approach. Based on this research, it can be concluded that the urgency of establishing a regulation on mixed marriage between civil servants and foreigners is needed as a guide for civil servants in fulfilling their rights and obligations and their implementation needs to be outlined in the revision of PP. 10 of 1983 and PP. 7 of 1977.
ANTI-TIPPING OFF PERSPECTIVE TO TARGET COMPANY BANK’S SUSPICIOUS TRANSACTION REPORT IN MERGER ACTIVITY Muh. Afdal Yanuar
Lambung Mangkurat Law Journal Vol. 6 No. 2 (2021): September
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v6i2.116

Abstract

The purpose of this study is, to explain the legal concept and regulation of anti-tipping off in the banking sector, and to explore about the position of the Suspicious Transaction Report belonging to the target company bank in the merger activity based on anti-tipping off provisions. This is Normative legal Research with a statutory approach, a conceptual approach and a comparative approach. The background of the problem in this paper is, there is no strong legitimacy about definition and limitation of the meaning of the phrase ‘other parties’ in article 12 paragraph (1) Anti Money Laundering Law, which regulate about anti tipping off, wether the absorbing company bank is the ‘other parties’ of target company bank on the merger activity or not, when target company bank delivered it suspicious transaction reports to absorbing company bank prior to the merger. The results and discussion concluded that Anti-tipping off is a provision that prohibits tipping off. Tipping off itself is an action by a senior officer or Management or Employee of the Reporting Party (inter alia, Bank) to disclose facts related to a Suspicious Transaction Report that has been reported to Financial Intelligence Unit (in casu, PPATK). This is concrete and manifested in the provisions of Article 12 paragraph (1) of the Anti Money Laundering Law. Besides that, Viewed from the anti-tipping off perspective, all the rights owned by the target company Bank prior to the merger, ex officio, become the rights of the absorbing company, since the target company Bank legally merges into a part of the absorbing company. Based on that, it can be concluded that with respect to merger activities, the absorbing company banks are not ‘other Parties’ from the target company Bank

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