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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 133 Documents
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Law Enforcement of Missused Building use Rights and the Social Function of Land Rights Sulistianingsih, Dina; Nia Kurniati , Nia Kurniati; Rubiati, Betty
Lambung Mangkurat Law Journal Vol. 10 No. 1 (2025): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v10i1.235

Abstract

The existence of land is an important natural resource for the Republic of Indonesia, which is regulated in Law Number 5 of 1960 concerning Basic Agrarian Regulations, in Article 1 paragraph (1). Article 6 of the UUPA states, "All land rights have a social function. The land referred to here is not only related to land on land but also land in waters, as regulated in the UUPA. Land rights are not only limited to land but also include water areas or coastal borders. This is also in accordance with Government Regulation Number 18 of 2021, the function of legal norms to be binding must be based on legal principles. Legal principles shape the content of legal norms formulated in legal regulations. Without understanding legal principles, it is impossible to understand the essence of law. Therefore, to understand a nation's law, it is necessary to explore its legal principles. The issuance of land title certificates over maritime areas has given rise to conflicts of authority between various government institutions. The Ombudsman of the Republic of Indonesia highlighted the potential for malpractice in the issuance of Building Use Rights Certificates in maritime areas that should not be considered private property. Issuing land title certificates in maritime areas has the potential to violate the law and create conflicts of interest. WALHI is investigating indications of affiliation between companies that obtain Land Title Certificates and large property development corporations, which could lead to the privatization of marine space and threaten sustainability. ecosystems and the livelihoods of coastal communities. The objectives of this study include finding answers and developing previous research regarding the granting of building use rights where the issuance of certificates does not correspond to the nature and purpose of the granting of rights in relation to the principle of the social function of land rights; In this research, the researcher used a normative juridical data analysis method, Regarding the issuance of building use rights certificates in the waters of Tangerang and Bekasi related to illegal sea fences, this problem is suspected to reflect a lack of synchronization between land and maritime regulations. This is because land regulations in Article 65 paragraph (2) of Government Regulation No. 18/2021 allow the granting of land rights in waters for certain activities, such as the construction of ports or other facilities. However, regulations in the maritime sector do not explicitly regulate this. The Ministry of Maritime Affairs and Fisheries emphasized that the installation of sea fences is unlawful and disrupts the activities of thousands of fishermen. The issuance of land rights certificates above maritime areas has given rise to conflicts of authority between various government agencies. Cross-agency collaboration is needed to address this issue and ensure that administrative procedures are carried out in accordance with applicable laws and regulations
Zero Verdict against Perpetrators of Corruption in Decision Number 49/Pid.Sus.TPK/2021/PN.Jkt: An Analysis of Islamic Criminal Law Perspectives Muhammad Wahyu Hidayat; Noor Azizah
Lambung Mangkurat Law Journal Vol. 10 No. 1 (2025): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v10i1.236

Abstract

This study examines the basis of legal considerations behind the imposition of a null verdict against Benny Tjokrosaputro in the case of corruption of PT. Jiwasraya Insurance and PT. Asabri, which resulted in state losses of Rp40 trillion. The main focus of this research is an analysis of Decision Number 49/Pid.Sus.TPK/2021/PN.Jkt from the perspective of Islamic criminal law (jinayah), especially related to the compatibility between the null verdict and the principle of justice in Islamic law. This study aims to reveal the extent to which the verdict reflects the incompatibility between Indonesia's positive legal system and the values of justice and deterrence emphasized in Islamic criminal law. The research method used is normative juridical with a literature study approach, case study, and legal comparison between Indonesian positive law and Islamic criminal law. The analysis was carried out qualitatively on relevant legal documents and literature. The results of the study show that the zero verdict in the verdict is based on the consideration of the accumulated criminal sentence that was previously handed down in other cases. However, from the perspective of Islamic criminal law, a zero verdict has the potential to ignore the principles of substantive justice, proportionality of punishment, and the public interest, given the widespread impact of corruption on society and the state. This study concludes that there is a missynchronization between the principles of punishment in positive law and Islamic criminal law in handling major corruption cases. Therefore, it is suggested that further studies are needed to build harmonization between the two legal systems in order to realize more substantial and effective justice in eradicating corruption.
Establishing the Legal Force of Land Technical Considerations in Indonesia’s Spatial Planning through a Normative Analysis of ATR BPN Regulation No. 12 of 2021 Tri Pamungkas, Helmi
Lambung Mangkurat Law Journal Vol. 10 No. 2 (2025): September
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

In Indonesia, the central land issue lies in inequality, where a small segment of the population controls vast tracts of land while the majority must survive on limited plots. This condition highlights the urgency of a land legal system that is adaptive, equitable, and responsive to social change. The Land Technical Consideration (Pertimbangan Teknis Pertanahan/PTP), as regulated under the Minister of Agrarian Affairs and Spatial Planning/National Land Agency Regulation No. 12 of 2021, plays a pivotal role as a legal instrument for land use control and sustainable spatial governance. This research employs a normative legal research method focusing on the analysis of legal provisions to identify underlying legal principles, standards, and dogmas. The study examines how PTP contributes to ensuring consistent, equitable, and sustainable land ownership, control, utilization, and management. Findings demonstrate that PTP functions not only as a procedural requirement but also as a substantive tool to align land allocation with spatial planning objectives, considering aspects such as authority, ownership status, competency, adequacy, and land-related challenges. By situating PTP within the broader framework of sustainable spatial planning governance, this research underscores its implications for improving land equity and reinforcing legal certainty in Indonesia’s land management system.
Post-Triple Talaq Reconciliation in the Shāfiʿī Perspective: A Case Study of Koto Baringin, Mandailing Natal Yanti, Helmida; Siregar, Ramadhan Syahmedi
Lambung Mangkurat Law Journal Vol. 10 No. 2 (2025): September
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v10i2.246

Abstract

Reports of reconciliation after triple talaq persist in some Indonesian communities due to misconceptions about divorce status, the scope of reconciliation, and family-law pathways. This article examines post-triple talaq reconciliation through the Shāfiʿī doctrinal lens and Indonesian positive law (the Compilation of Islamic Law/KHI and the Marriage Law) using a qualitative socio-legal case study in Koto Baringin, Mandailing Natal. Data were gathered via in-depth interviews with religious leaders, village/KUA officers, and affected couples, complemented by observation and document review, and analyzed thematically with source/method triangulation. Findings show three recurrent patterns: informal cohabitation without a prior court dissolution or a lawful route to reconciliation; reliance on community leaders’ social legitimacy in place of legal verification; and persistent confusion about “triple talaq at once” and its consequences. In the Mazhab Shāfiʿī , triple talaq triggers baʾīn kubrā; reconciliation is invalid until tahallul occurs through a genuine, non-sham subsequent marriage (nikāḥ taḥlīl is prohibited). Under Indonesian law, divorce is valid only through the Religious Court and reconciliation must follow prescribed procedures and registration. Non-compliance produces legal uncertainty regarding marital status, children’s civil documentation, inheritance, and access to state services. The study recommends strengthening family-law literacy, intensifying KUA counseling, and strict adherence to court procedure and civil registration.
Desecrating the Sacred: A Study of Criminal Liability for Graveyard Vandalism in Yogyakarta Isnawan, Fuadi
Lambung Mangkurat Law Journal Vol. 10 No. 2 (2025): September
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v10i2.228

Abstract

Public cemeteries (TPU) serve not only as burial sites for the deceased, but also as symbols of final respect for those who have passed away. The state, through legislation, provides legal protection for the deceased and their graves, prohibiting any actions that insult or damage their dignity. However, the case of grave desecration that occurred in Yogyakarta in May 2025, involving a teenager with the initials ANF (16), caused social unrest and sparked academic discussion regarding criminal liability for such actions. This study uses a normative method to analyze the legal aspects of the criminal act of grave desecration based on Article 179 of the Criminal Code. The results of the study indicate that the perpetrator's actions fulfilled the elements of the offense, namely intentional acts without authority that caused physical damage to the grave as a legal object with high symbolic and spiritual value. Although the perpetrator is still a minor, he can still be held criminally liable under the juvenile criminal justice system, with the application of restorative justice principles. Additionally, the role of the Indonesian National Police in preventing and addressing this criminal act is crucial, encompassing preventive, repressive, and coordinative efforts to maintain social stability and respect the legal and cultural values of society. This study emphasizes the importance of legal protection for graves and remains as a manifestation of respect and dignity for humanity that must be upheld collectively.
Development and Comparison of Authority of GMS in Limited Companies Based on Statutory Regulations Nugraheni, Prasasti Dyah; Putra, Muhammad Reza Wahyu Artura; Fauzan, Moh. Mustakim; Usada, Muhammad Fatah Agung Nur Tirta
Lambung Mangkurat Law Journal Vol. 10 No. 2 (2025): September
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v10i2.231

Abstract

The General Meeting of Shareholders (GMS) serves as the primary decision-making mechanism within a company, carrying legal implications for shareholders and the corporation. However, in practice, different interpretations of the GMS’s authority and its legal impact on shareholders remain complex issues. This study aims to analyze the legal aspects of GMS implementation and its position within corporate decision-making structures. This research employs a normative juridical method with a statutory approach, primarily referring to Law Number 40 of the Year 2007 Concerning Limited Liability Companies as the main legal foundation. The findings indicate that although the GMS is recognized as the highest forum for corporate decision-making, various challenges arise in practice, including legal ambiguities on the extent of GMS authority, conflicts of interest among shareholders, and the enforcement of GMS resolutions that may conflict with Good Corporate Governance principles. Furthermore, this study highlights that legal protection for minority shareholders in GMS decisions requires further reinforcement, particularly in terms of more effective dispute resolution mechanisms. Therefore, clearer policies are needed to balance the interests of majority and minority shareholders while enhancing legal certainty in GMS implementation. The legal finding in this scientific article is that both majority and minority shareholders must have equal fiduciary duties so that if a majority or minority shareholder causes a loss to a company, they can sue the majority or minority shareholder with a derivative lawsuit.
Curator's Responsibility for Errors in the Administration of Bankrupt Estate that Causes Losses to Creditors Warjiyati, Sri; Murtadho, Nazhif Ali; Salsabila, Natasya Vernanda Putri
Lambung Mangkurat Law Journal Vol. 10 No. 2 (2025): September
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v10i2.234

Abstract

This research discusses the Curator's responsibility in managing and settling the assets of a bankrupt debtor, especially when the Curator's negligence causes losses to creditors. Bankruptcy is often the last resort for companies facing financial difficulties. Based on Law no. 37 of 2004, the Curator has the authority to manage and settle bankruptcy assets under the supervision of a judge. However, the crucial role of the Curator also raises the risk of abuse of authority which is detrimental to creditors. This research uses normative legal methods with deductive analysis techniques, examining legal aspects related to the Curator's responsibilities, namely Law no. 37/2004 as well as accountability mechanisms if negligence or errors occur in the bankruptcy process. The research results show that the Curator can be held accountable both legally and personally if his negligence or error results in losses for creditors, with a reporting mechanism to the supervising judge as the first step. These findings highlight the importance of the Curator's integrity and professionalism to ensure fair and effective bankruptcy implementation, as well as protecting creditor rights from potential losses
Forced Marriage Following Khalwat (Margandak) from the Perspective of Islamic Family Law: A Case Study of Huta Raja Lama Village Siregar, Emlia Fasia; Siregar, Ramadhan Syahmedi
Lambung Mangkurat Law Journal Vol. 10 No. 2 (2025): September
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v10i2.237

Abstract

This study examines the practice of forced marriage following khalwat (margandak) that persists in Huta Raja Lama Village, Padang Lawas Regency. The practice is driven by the view that couples caught in khalwat should be married immediately to preserve family honor and avoid public shame. The research analyzes this phenomenon from the perspective of Islamic family law in Indonesia. Adopting a socio-legal qualitative (empirical) approach, the study employs in-depth interviews with customary leaders, religious leaders, families, and village officials, complemented by field observation and document analysis. Informants were selected in stages—beginning with relevant key informants and then expanding through referrals—and the data were thematically analyzed, with reliability supported by corroboration across interviews, observations, and documents. The findings indicate that forced marriage continues due to strong socio-cultural pressures—such as preserving honor, concealing shame, and adherence to customary norms—and is framed as a moral obligation of the family to restore reputation. However, the practice is misaligned with the principles of Islamic family law and fiqh, as it generates psychological pressure, proceeds without genuine consent, and contravenes the voluntariness requirement stipulated in Article 6 of Law No. 1/1974 (as amended by Law No. 16/2019) and the Compilation of Islamic Law (KHI). It also creates social harms and vulnerabilities in civil rights when marriages are not officially registered.
Legal Protection of Customary Forests, the Sacred Land of the Dayak Customary Law Community in Central Kalimantan in Maintaining Local Wisdom and Anticipating Global Climate Change Widodo, Budhi
Lambung Mangkurat Law Journal Vol. 10 No. 2 (2025): September
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v10i2.238

Abstract

The study aims to analyzed the national legal framework and relevant international instruments for the protection of sacred customary forests in Indonesia. Following Constitutional Court Decision No. 35/PUU-X/2012, the concept of customary forests has undergone a significant shift from the previous category of “state forests” or forests controlled by the state, to the recognition of the existence and rights of customary law communities over forest areas within their customary territories. However, in fact, the implementation of the recognition and designation of customary forests faces administrative obstacles, overlapping authorities, and internal ministerial regulations that are not yet fully aligned. The study used a normative legal research approach, analyzing regulations, judicial decisions, ministerial technical regulations, various regional legal products, and academic literature to identify legal gaps and formulate policy recommendations. The results show that the nature and function of sacred customary forests are related to customs, culture and belief systems and religious functions of the Dayak customary law community. Various legal political policies have been taken by the regional government to provide legal protection for sacred customary forests such as: the determination of sacred customary forest areas in the RTRWP/K, identification, inventory, and validation of customary law communities and the determination of regional legal products regarding the recognition and protection of Dayak customary law communities. However, harmonization of cross-ministerial regulations is urgently needed to protect the sacred values ​​inherent in customary and sacred forests.
Religious Leaders' Understanding of Astronomy and Its Implications in Determining the Direction of the Qibla in Medang Daras District, Batubara Regency Ihsan Asupi; Dhiauddin Tanjung
Lambung Mangkurat Law Journal Vol. 10 No. 2 (2025): September
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v10i2.248

Abstract

The direction of the qibla is a fundamental aspect of Islamic worship, as facing the Kaaba is a legal requirement for the validity of prayer. Errors in determining the qibla direction, therefore, have normative implications in Islamic law. This study examines the understanding and practice of religious leaders in Medang Deras District, Batu Bara Regency, in determining the qibla direction from both legal and astronomical perspectives. Using a qualitative descriptive method, the research explores primary data obtained through interviews and direct observation, complemented by secondary data from literature and scientific references related to astronomy and Islamic law. The findings indicate that the understanding of religious leaders regarding astronomical principles remains limited, resulting in practical methods that rely heavily on local traditions such as aligning with the direction of the sunset or following the guidance of elder community members. This practice shows a discrepancy between local customary understanding and the normative standards of Islamic law, which require accuracy in facing the qibla. Therefore, strengthening legal and astronomical literacy among religious leaders is essential to ensure the precision of qibla determination and the validity of worship practices in accordance with sharia principles.

Page 11 of 14 | Total Record : 133

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