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Muhammad Rizki Anugerah
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Jl.Brigjen H.Hasan Basri Komp.Unlam Banjarmasin No Telp Redaksi (0511) 4321658 email : lamlaj@ulm.ac.id
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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 125 Documents
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Juridical Analysis of Curator Immunity and Liability in Indonesian Bankruptcy Law Setiawan, Agus; Nadriana, Lenny
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.v10i2.249

Abstract

This research provides a rigorous, doctoral-level examination of the legal and ethical architecture surrounding curator and administrator immunity within Indonesia’s bankruptcy regime. Employing a normative-juridical methodology enriched by comparative analysis, it interrogates statutory provisions, judicial practices, and professional perspectives to reveal the systemic vulnerabilities arising from Indonesia’s lack of explicit immunity provisions. By juxtaposing Indonesian law with structured immunity models in the United States, the Netherlands, and the United Kingdom, the study demonstrates that functional immunity can serve as a critical mechanism for safeguarding professional independence, provided it is embedded within robust ethical oversight. The research culminates in the proposal of a limited functional immunity model integrated with codified ethical standards and independent supervisory mechanisms. Such reforms would advance legal certainty, reinforce public trust, and align Indonesia’s bankruptcy law with global best practices.
Legal Implications of the Installation of Road Portals by the Community in Sungai Toman Village Haryadi, Nudi; Muhibbin, Moh.; Isnaeni, Diyan
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.v10i2.250

Abstract

Roads are key supporting facilities for land mobility, both for people and for land transportation vehicles transporting people and goods. Roads, as vital infrastructure, play a central role in supporting modern life. However, the function and sustainability of roads are often disrupted by various violations that harm the public interest. One form of violation of road utilization and management is the unauthorized installation of road portals.This research is a juridical-empirical legal study using a sociological juridical approach and a statutory regulatory approach (Stuttute Approach). The objectives of this research are to analyze and describe: (1) the government's role in regulating and supervising road portal installation, (2) the impact of road portal installation on public mobility, and (3) the legal implications of violations of road management and utilization. The data used are primary data from direct sources and secondary data from legal materials in the form of laws and regulations, scientific journals, and relevant documents. Data collection was conducted using interviews and literature review techniques. The research findings indicate that the installation of road portals in Sungai Toman Village constitutes a violation of the law regarding the implementation and utilization of road functions. In general, the government has the authority to regulate and supervise the installation of portals, the provisions of which are realized in Regional Regulation Number 29 of 2001 concerning Tonnage and Portals and Regional Regulation Number 9 of 2017 concerning the Implementation of Public Order. The installation of these portals has an impact on various aspects of community life, including impacts on public mobility, economic and commercial mobility, as well as impacts on social dynamics and horizontal conflict
Good Corporate Governance in Credit Restructuring as an Effort to Mitigate Legal Risk Putri, Amanda Fitriani Eka; Gunadi, Ariawan
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.v10i2.251

Abstract

In the banking sector, credit distribution serves as the core business activity and primary source of revenue, yet it also exposes banks to legal and financial risks that may disrupt institutional stability. Credit restructuring is a strategic recovery measure that must be carried out in accordance with Good Corporate Governance (GCG) principles to prevent further legal complications. This study aims to analyze the implementation of GCG in credit restructuring as a legal risk mitigation mechanism for commercial banks in Indonesia. The research employs a normative juridical method using both statutory and conceptual approaches. The findings demonstrate that applying GCG principles enhances accountability in restructuring decisions through accurate verification and transparent disclosure of debtor information to relevant stakeholders. The principles of independence and prudence serve to prevent conflicts of interest and moral hazard that could lead to civil disputes between banks and debtors. Furthermore, proper documentation and adherence to Financial Services Authority regulations reduce the likelihood of administrative sanctions related to inaccurate reporting or asset quality misassessment. At the same time, fairness in the negotiation process strengthens public trust and minimizes reputational risks that may result in significant financial consequences for banks. Therefore, comprehensive implementation of GCG principles is essential to ensure effective and sustainable credit restructuring governance, ultimately contributing to stronger resilience and long-term stability of the Indonesian banking sector.
A Juridical Analysis of Formalistic Legality and Substantive Justice in Protecting Children Born Out of Wedlock Nayla Putri Abdullah; Irsyaf Marsal
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.v10i2.253

Abstract

This study provides a comprehensive and in-depth examination of how the law protects children born out of lawful marriage. Its primary focus is on the provisions contained in Law Number 1 of 1974 concerning Marriage and the reinforcement provided by Constitutional Court Decision Number 46/PUU-VIII/2010. The main issue highlighted in this research is the persistent uncertainty regarding the legal status and civil rights of children born out of lawful marriage, particularly when their parents’ marriage has not been officially registered. To address this issue, the study employs a normative legal research method, using a written regulation approach combined with case studies. This enables an analysis of how the law is applied in practice concerning the status of children born out of wedlock, through examination of court decisions and relevant legal provisions. The findings indicate that Constitutional Court Decision Number 46/PUU-VIII/2010 brought significant changes to the Indonesian family law system. The decision expands recognition of the legal relationship between children born out of wedlock and their biological fathers, provided that strong evidence is available, such as DNA test results. Consequently, the ruling emphasises the importance of respecting the fundamental rights of every child, regardless of their birth status, and encourages the state to guarantee children’s rights to identity and legal status through mechanisms such as itsbat nikah (marriage validation) and the determination of parentage in court. Overall, this study confirms that legal protection for children born out of wedlock represents a concrete application of the principles of substantive justice, legal certainty, and non-discriminatory treatment as mandated by the constitution and the national legal system of Indonesia.  
The Implementation of the Principles of Good Corporate Governance in the Merger Process of Public Companies Siregar, Yovanka Angela; Rasji
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.v10i2.254

Abstract

Global economic dynamics have encouraged public companies to engage in mergers as a corporate strategy to enhance competitiveness and operational efficiency. The merger between PT Indosat Tbk and PT Hutchison 3 Indonesia exemplifies a strategic action that requires comprehensive implementation of Good Corporate Governance (GCG) principles to ensure transparency, accountability, and legal certainty for all stakeholders. This study aims to analyze the application of GCG principles in the merger process of public companies and evaluate their conformity with Indonesian legal regulations. The research applies a normative juridical method by examining primary and secondary legal materials, including Law Number 40 of 2007 on Limited Liability Companies and regulations issued by the Financial Services Authority. The findings indicate that the Indosat–Hutchison merger has implemented GCG principles through transparent disclosure, independent valuation, and protection of minority shareholders’ rights. The implementation strengthens investor confidence and highlights the essential role of legal and notarial professionals in ensuring corporate compliance during mergers.
The Effectiveness of Permits for Opening State Land in the Land Bureaucracy Reform of Balikpapan City Muzahadah, Fadiya; Rasji, Rasji
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.v10i2.255

Abstract

Land is a strategic resource with significant social, economic, and political value, requiring fair management and legal certainty. The Balikpapan City Government has established Regional Regulation No. 1 of 2014 and Mayor Regulation No. 33 of 2017 concerning the Permit to Open State Land to regulate the control and utilization of state land by the public. This study aims to analyze the effectiveness of the Permit to Open State Land as an administrative instrument in supporting land bureaucracy reform and to identify obstacles that hinder its implementation. The research method employed is normative juridical, supported by empirical data obtained through document studies and interviews with officials from the Land and Spatial Planning Office and the Balikpapan City Land Office. The results indicate that, although the Permit to Open State Land normatively supports the principles of good governance, its implementation has not been fully optimal. Approximately 70% of applications were approved, while 30% were rejected due to overlapping land, incompatibility with spatial plans, and incomplete documentation. The main obstacles include the lack of integrated land data, weak post-issuance supervision, and limited institutional capacity. Therefore, strengthening digital systems, inter-agency coordination, and improving human resource competencies are key factors in enhancing the effectiveness and transparency of land governance.
Legal Protection for Minority Shareholders in Bankruptcy (Case Study of Decision Number 1345 K/Pdt.Sus-Pailit/2024) Putri K, Nindita Salsabila; Satino, Satino
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.v10i2.262

Abstract

Investment is an important tool in the economy, but it carries risks such as abuse of authority and lack of transparency in corporate management. These risks are increasingly evident in the bankruptcy case of PT Sri Rejeki Isman Tbk (Sritex), which was declared bankrupt through Supreme Court Decision Number 1345 K/Pdt.Sus-Pailit/2024 due to heavy debt burdens and prolonged financial difficulties. This study aims to analyse the legal position of minority shareholders in bankruptcy and examine the available legal protection mechanisms. The method used is normative legal research with a legislative and jurisprudential approach. The results of the study show that the position of minority shareholders in bankruptcy is very weak, because they are not given formal space to play a direct role in the bankruptcy process and are placed as residual creditors with limited ability to fight for their interests. Normatively, legal protection for minority shareholders is regulated in the UUPT, but in practice, this mechanism is often ignored or becomes ineffective due to procedural obstacles. Therefore, it is necessary to strengthen legal mechanisms and regulatory reforms that provide formal participation for minority shareholders to submit objections to their losses so that their rights remain guaranteed in the bankruptcy process.
Fraud and Abuse of Circumstances as Grounds for the Annulment of Prenuptial Agreements: A Normative Analysis of Defects of Will in Indonesian Civil Law Putri, Cinta Aisyah; Ramadhani, Dwi Aryanti
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.v10i2.265

Abstract

The natural human capacity for coexistence and procreation is realized through marriage, a legal bond between a man and a woman. Prenuptial agreements, which should serve as legal instruments for justly defining rights and obligations, are often misused for unilateral gain, especially when there are signs of deception or abuse of circumstances that harm one spouse. This normative juridical study aims to examine the legal standing and consequences of prenuptial agreements that mislead one of the partners, utilizing statutory and case approaches. The findings indicate that agreements containing elements of deception, either through fraud (violating subjective requirements), or those contradicting statutory law (violating objective requirements), may be annulled or declared void by law. The legal consequences include the annulment of the agreement, which reverts the asset status back to marital community property, and the potential for civil claims for compensation based on Tort (Article 1365 Civil Code) to recover losses and ensure the principle of good faith.
Sentencing Disparity in Judicial Decisions on the Criminal Act of Disseminating Pornographic Content Amanda, Nur Septiana; Wahyuningsih, Yuliana Yuli
Lambung Mangkurat Law Journal Vol. 11 No. 1 (2026): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

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

Abstract

This study examines the sentencing disparity in judicial decisions concerning the dissemination of pornographic content, which demonstrates inconsistency in the application of the law. The Decision of the Palu District Court No. 352/Pid.Sus/2024/PN Pal imposed a heavier sentence for an act involving a limited scale of dissemination, whereas the Decision of the Pekanbaru District Court No. 579/Pid.Sus/2025/PN Pbr imposed a lighter sentence despite the case involving a more serious scale. This normative legal research employs statutory, case, and conceptual approaches. The findings indicate that the disparity is influenced by juridical factors, including the legal system, the formulation of legislation, evidentiary processes in court, and the absence of sentencing guidelines, as well as non-juridical factors in the form of judges’ characteristics, differences in assessing aggravating and mitigating factors, the offender’s motive, and the impact on the victim. The presence of disparity cannot be eliminated outright but can be minimised through the implementation of the sentencing guidelines under Article 54 Paragraph (1) of the New Criminal Code (KUHP), the issuance of a special Supreme Court Regulation (PERMA) on cybercrime with measurable parameters, the strengthening of PERMA Number 3 of 2017 regarding gender perspective and restorative justice, and the enhancement of law enforcement officers’ capacity to understand the characteristics of digital crime.
Structuring Liability in Performance-Based Copyright Infringement: A Legal Analysis of the Ari Bias and Agnes Mo Licensing Disputes Nurdiannisa, Alifa; Suherman, Suherman
Lambung Mangkurat Law Journal Vol. 11 No. 1 (2026): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

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

Abstract

Commercial music performances frequently involve the use of copyrighted works, yet creators in Indonesia continue to face losses arising from unlicensed song usage and unpaid royalties. The dispute between Ari Bias and Agnez Mo highlights a longstanding ambiguity in the Copyright Law particularly the absence of an explicit division of responsibility between singers and event organisers for obtaining licences and ensuring royalty payments. This study examines which party bears primary legal responsibility within the framework of Law No. 28 of 2014 on Copyright, using a normative juridical approach supported by literature-based data collection and qualitative descriptive analysis The study finds that although the Copyright Law does not expressly allocate responsibility, its formulation of “performers” encompasses both singers and event organisers. This interpretation aligns with the functional role each party plays in commercial performances: singers as those who communicate the work to the public, and organisers as entities that control the venue, derive economic benefit, and facilitate the commercial exploitation of the copyrighted work. Consequently, both parties share joint responsibility for obtaining licences and paying royalties. This interpretation is reinforced by the Supreme Court’s cassation ruling in the Ari Bias vs. Agnez Mo case, which identified error in persona due to the exclusion of the event organiser as a defendant. The decision underscores that responsibility in commercial song performances is inherently shared. These findings contribute to strengthening legal certainty and clarifying the obligations of singers, creators, and event organisers in Indonesia’s music industry, while demonstrating the need for more explicit regulatory guidance.

Page 12 of 13 | Total Record : 125

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