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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 133 Documents
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Protection of Workers’ Rights: A Legal Review of PT X Salwa Rabiah; Satino
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 | DOI: 10.32801/abc.v11i1.263

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.
Structuring Liability in Performance-Based Copyright Infringement: A Legal Analysis of the Ari Bias and Agnes Mo Licensing Disputes Alifa Nurdiannisa; 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 | DOI: 10.32801/abc.v11i1.264

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.
Sentencing Disparity in Judicial Decisions on the Criminal Act of Disseminating Pornographic Content Nur Septiana Amanda; Yuliana Yuli Wahyuningsih
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 | DOI: 10.32801/abc.v11i1.266

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
Criminal Liability of the Perpetrator of Fraud in Money Transfers Using Counterfeit Money: A Study Of Decision No. 340/PID.B/2024/PN.SMG Muhammad Rifqi; Aang Asari
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 | DOI: 10.32801/abc.v11i1.270

Abstract

This study was based on the emergence of a new fraud modus operandi in cash on delivery (COD) transactions through the use of modified counterfeit money that resembles genuine money, as occurred in Decision Number. 340/Pid.B/2024/PN.Smg. This phenomenon not only causes material losses to victims, but also threatens public trust in the cash payment system in the era of digital transactions. This study purposes to analyze the criminal liability of the perpetrator, assess the accuracy of the prosecutor's accusation in the use of Article 378 of the Criminal Code (KUHP) and examine the possibility of the application from Article 34 paragraph (2) of the Currency Law against the actions of the perpetrator who spread counterfeit money. The research method applied is a normative legal approach with a case study, supported by qualitative analysis through judicial decisions, literature, regulations, and interviews. The findings reveal that all elements of Article 378 of the Criminal Code were proven to have been fulfilled, starting from the deception in the form of purchasing and modifying counterfeit money, a series of deceptions such as pretending to withdraw money from an ATM, and the success of the perpetrator in persuading the victim to hand over an iPhone 12.
Lex Certa and Criminalization Expansion in Article 12B of Law No. 5 of 2018 Mukhlissuddin; Kusumo, Ayub Torry Satriyo
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 | DOI: 10.32801/abc.v11i1.271

Abstract

This study analyzes the expansion of criminalization in Article 12B of Law Number 5 of 2018, particularly the inclusion of information and communication technology–based training as a criminal offense. The central legal problem addressed in this research concerns the ambiguity of normative boundaries in defining “training” within the digital context, which potentially undermines legal certainty and opens room for arbitrary law enforcement. The process of digitalization complicates the enforcement of Article 12B, as online activities related to knowledge sharing, expression, and association increasingly overlap with constitutionally protected civil liberties.Employing a normative juridical research method, this study examines statutory provisions, constitutional principles, and relevant human rights doctrines to assess the compatibility of Article 12B with the 1945 Constitution of the Republic of Indonesia. The analysis focuses on the principle of lex certa as an essential element of criminal law and its function in safeguarding freedom of expression and freedom of association in the digital era. The findings indicate that the expanded formulation of Article 12B lacks sufficient normative clarity, thereby creating tension between state security objectives and constitutional guarantees of human rights. This study concludes that, without strict interpretative limitations, Article 12B risks constitutional inconsistency, particularly with Articles 28E and 28G of the 1945 Constitution. Therefore, normative refinement and constitutional-oriented interpretation are necessary to ensure that counter-terrorism policies remain proportionate, legally certain, and aligned with human rights standards in the digital era.
United States' Refusal to the International Criminal Court's Investigation of Crimes Against Humanity Conducted by Israel in Palestine Muhamad Dafi Akbar; Davilla Prawidya Azaria
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 | DOI: 10.32801/abc.v11i1.272

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. 
Legal Certainty in Question: Oral Employment Agreements and the Protection of Film and Advertising Talent Coordinators Nabila Adelita; Aurora Jillena Meliala
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 | DOI: 10.32801/abc.v11i1.273

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.
Inadequacy of Legal Protection against the Economic Exploitation of Children in Indonesia Annisa Shiva Safira; Bambang Waluyo
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 | DOI: 10.32801/abc.v11i1.278

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 Immanuel Given Bintang Andhiyo; Dwi Desy Yayi Tarina
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 | DOI: 10.32801/abc.v11i1.279

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.
Paradox of Agrarian Justice in the Relocation of Jragung Dam Residents Hamid, Lina Puji Lestari; Rodiyah
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 | DOI: 10.32801/abc.v11i1.280

Abstract

The construction of the Jragung Dam in Semarang Regency as a National Strategic Project has raised a dilemma between development efficiency and the protection of citizens' rights. Different from the case of other dams such as Cipanas or Jatigede, this study found  a major gap in the form of a conflict of authority between the Pemali Juana River Area Center (BBWS) and the local government in the provision of basic relocation facilities, which has an impact on the fulfillment of the community's constitutional right to a healthy environment (Article 28H of the 1945 Constitution). This study uses a juridical-empirical approach with socio-legal analysis  to assess the effectiveness of the implementation of Law Number 5 of 1960 and Law Number 2 of 2012. The results of the study show that the compensation mechanism is still administrative and fails to realize the principle  of compensation-as-transformation, where relocation should be a means of improving the welfare of residents, not just a relocation of residence. In addition, the unpreparedness of basic infrastructure in the new location shows weak institutional coordination and lack of integration between agrarian law policy and environmental law. This study recommends the establishment of an independent supervisory body in the procurement of PSN land to ensure accountability, as well as post-relocation socio-economic audits to ensure the achievement of substantive justice and social sustainability.

Page 13 of 14 | Total Record : 133

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