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Muhammad Rizki Anugerah
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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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Protection of Workers’ Rights: A Legal Review of PT X Rabiah, Salwa; Satino, Satino
Lambung Mangkurat Law Journal Vol. 11 No. 1 (2026): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

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Abstract

This study examines the implementation of Government Regulation No. 6 of 2025 concerning the Amendment to Government Regulation No. 37 of 2021 on the Administration of the Job Loss Insurance Program (JKP), focusing on a case study of unilateral termination at PT X. The research is motivated by the increasing number of unlawful dismissals and the suboptimal enforcement of workers’ legal protection. The study employs an empirical juridical method, collecting data through interviews with the Department of Manpower and Transmigration of DKI Jakarta and qualitative analysis of relevant legislation. Findings reveal that although Government Regulation No. 6 of 2025 enhances worker protection by improving financial benefits, extending claim periods, and reducing employer contributions, its implementation remains hindered by low legal compliance and limited socialization among companies. The PT X case exemplifies violations of the termination procedures stipulated in the Manpower Law and Government Regulation No. 6 of 2025. This regulation reflects a proportional distribution of responsibility between the state, employers, and employees. This research emphasizes the need for stronger law enforcement and continuous evaluation to ensure that the regulation’s primary goals, worker welfare and business sustainability are effectively achieved
Legal Certainty in Question: Oral Employment Agreements and the Protection of Film and Advertising Talent Coordinators Adelita, Nabila; Meliala, Aurora Jillena
Lambung Mangkurat Law Journal Vol. 11 No. 1 (2026): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

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Abstract

In the Indonesian film and advertising industries, freelance roles such as talent coordinators typically operate under project-based work arrangements governed by verbal employment agreements. This study addresses that gap by analysing how normative inconsistencies translate into everyday practices of precarity. Using a normative–empirical legal approach with purposive sampling, this study draws on in-depth interviews with talent coordinators and analysis of labour regulations. Daniel Little’s causal mechanism framework is applied to explain how the absence of written contracts functions as an institutional mechanism that weakens enforceability and normalises violations of labour standards. The findings show that 100 per cent of informants experienced the denial of basic labour rights guaranteed under Indonesian law, including regulated working hours, overtime consent, and compensation. This study demonstrates that regulatory flexibility without institutional safeguards does not enhance adaptability but instead produces structured vulnerability for freelance workers. It contributes to the literature by linking regulatory design to concrete mechanisms of rights erosion in the creative sector. The study concludes by proposing a shift from permissive flexibility towards a model of responsive regulation through the introduction of standardised digital contracts and strengthened labour oversight as prerequisites for film production licensing, thereby offering a transformative pathway to reduce precarity while maintaining industrial flexibility.
The United States' Refusal To The International Criminal Court's Investigation Of Crimes Against Humanity Conducted By Israel In Palestine Akbar, Muhamad Dafi; Azaria, Davilla Prawidya
Lambung Mangkurat Law Journal Vol. 11 No. 1 (2026): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

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Abstract

This research examines the legal validity of the United States’ rejection of the International Criminal Court’s (ICC) investigation into alleged crimes against humanity committed in Palestine. The issue arises from the imposition of United States sanctions on ICC officials, despite the United States not being a State Party to the Rome Statute and its reliance on domestic legislation such as the American Servicemembers’ Protection Act of 2002. Using a normative juridical method, this study analyzes primary legal sources, including the Rome Statute, the Vienna Convention on the Law of Treaties, and ICC jurisprudence, alongside relevant secondary materials. Particular attention is given to the Appeals Chamber decision of 15 December 2025, which rejected Israel’s objection under Article 18 of the Rome Statute and confirmed the Prosecutor’s authority to proceed with the investigation into the situation in Palestine. The findings indicate that the ICC lawfully exercises territorial jurisdiction based on Palestine’s 2015 accession and Article 12(2)(a) of the Rome Statute, and that obligations arising from jus cogens and erga omnes norms render unilateral countermeasures legally ineffective. Furthermore, the study argues that sanctions targeting ICC judges and prosecutors may constitute improper interference with the administration of justice under Article 70 of the Rome Statute. The study concludes that such sanctions undermine the independence of the ICC, weaken the universality of international criminal accountability, and risk politicizing the enforcement of core international crimes.
The Inadequacy of Legal Protection against the Economic Exploitation of Children in Indonesia Shafira, Annisa Shiva; Waluyo, Bambang
Lambung Mangkurat Law Journal Vol. 11 No. 1 (2026): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

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Abstract

Despite being regulated under Law No. 35 of 2014 on Child Protection, child labour remains a serious problem in Indonesia. Data from the Central Statistics Agency (BPS) indicate an increase in child labourers from 1.01 million in 2023 to 1.27 million in 2024, highlighting a persistent gap between legal norms and social realities. This study examines child labour through victimological and human rights perspectives, arguing that children are victims of structural exploitation legitimized by regulatory loopholes. Using a normative legal method with qualitative analysis, the research reviews national legislation, international legal instruments, and relevant court decisions. The findings reveal that structural poverty, weak institutional coordination, and the ambiguous regulation of “light work” under Article 69 of the Manpower Law constitute a legal loophole that normalizes child labour and obscures children’s victim status. Consequently, children are excluded from victim-centered remedies such as compensation and rehabilitation. The study concludes that effective protection requires concrete legal and policy reforms, including clarifying the scope of permissible work, strengthening inter-agency coordination, integrating UNCRC principles into labour regulation, and expanding family-based social protection to address the structural causes of child labour.
Royalty Mechanism under Government Regulation No. 56 of 2021 and the Fair Use Principle in Copyright Andhiyo, Immanuel Given Bintang; Tarina, Dwi Desy Yayi
Lambung Mangkurat Law Journal Vol. 11 No. 1 (2026): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

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Abstract

Government Regulation No. 56 of 2021 on the Management of Royalties for Copyrighted Songs and/or Music was enacted to safeguard the economic rights of creators through a centralized royalty management system administered by the National Collective Management Organization (LMKN). Existing studies on LMKN primarily emphasize institutional authority, collection mechanisms, and royalty distribution efficiency. This study offers a novel perspective by introducing and conceptualizing the dissenting right as a critical yet overlooked dimension within Indonesia’s royalty governance framework. This research argues that the flat-fee royalty mechanism mandated by the regulation produces substantive injustice by disregarding actual usage intensity and by coercively imposing royalties even where creators explicitly decline economic remuneration. Such practices undermine the individualized nature of copyright as a personal and proprietary right. Moreover, the extension of royalty obligations to commercial establishments where music serves merely as a supporting element, rather than a core commercial commodity, further disrupts the balance between copyright protection and public interest. Using a normative juridical approach, this study demonstrates that the absence of a dissenting right within the LMKN system reflects a structural imbalance that weakens creators’ autonomy over their own works. The research proposes the integration of the fair use principle as a complementary regulatory mechanism to operationalize the dissenting right, allowing limited non-prejudicial use of works without mandatory royalty payment. This integration constitutes the primary novelty of the study, offering an alternative regulatory model that is more proportional, creator-centered, and responsive to diverse modes of music utilization, while preserving equilibrium between economic rights protection and public access.

Page 13 of 13 | Total Record : 125

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