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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 155 Documents
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Diplomatic-Domestic Paradox of Indonesian Autonomous Weapons: A Sui Generis Regulatory Model for the KSOT Submarine System Sugiarto; Linus Yoseph Wawan Rukmono; Tivensandro Tivensandro
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.v11i1.288

Abstract

The development of artificial intelligence-based Autonomous Weapons Systems (AWS) has created significant legal and ethical challenges, particularly for an archipelagic nation like Indonesia, which is modernizing its maritime defense. This study aims to analyze the suitability of AWS use with the principles of Just War Theory, identify regulatory gaps in Indonesian defense law, and formulate an accountable regulatory model. This study employs a normative juridical method, drawing on legislative, conceptual, and comparative approaches. The results show that Indonesia faces a domestic-diplomacy paradox, where Indonesia internationally supports AWS restrictions, but domestically develops systems such as the KSOT-008 autonomous submarine within an inadequate legal framework. Law Number 3 of 2002 and Law Number 3 of 2025 do not explicitly regulate the limits of AWS autonomy and accountability mechanisms, particularly in Military Operations Other Than War, which may create an accountability gap. Furthermore, the limitations of acoustic communication in the underwater domain limit the application of meaningful human control. To address these issues, this study recommends a sui generis regulatory model that includes a ban on fully autonomous systems, expanded command responsibility through the concept of algorithmic mens rea, recognition of institutional responsibility, and the establishment of a national oversight mechanism. This model is expected to ensure that the use of AWS remains in line with the principles of international humanitarian law, legal accountability, and the supremacy of national law.
Legal Certainty Regarding the Inclusion of Unrecorded Marriages on Family Cards Lulu Salsabila Sudarmo; Fence M Wantu; Weny Almoravid Dungga
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.v11i1.294

Abstract

This study examines the legal certainty of including the status of "unregistered marriage" in the Family Card from a normative juridical perspective with a statutory, conceptual, and casuistic approach, revealing fundamental inconsistencies between the substantive formalism of Law Number 1 of 1974 concerning Marriage which requires registration as an absolute requirement for the legal force of marriage (Article 2 paragraph 2) with the administrative descriptive approach of Law Number 24 of 2013 concerning Population Administration which accommodates the social reality of unregistered marriage through a Statement of Absolute Responsibility based on the Regulation of the Minister of Home Affairs Number 109 of 2019. The results of the analysis show that this normative dualism gives rise to the ambiguity of the hierarchy of norms as stipulated in Article 7 of Law Number 12 of 2011 concerning the Establishment of Legislation, moral hazard in marriage registration practices, and permissive Dukcapil field practices with tens of thousands of families with this status every year. The legal implications for the protection of wives' civil rights include the vulnerability of the right to maintenance (Article 34 of the Marriage Law), joint property, and limited inheritance (KHI Article 171), while for children it creates weak legal filiation resulting in the status of "one mother's child", hampered education rights, and the risk of statelessness which is contrary to the Convention on the Elimination of All Forms of Discrimination Against Women, the Convention on the Rights of the Child 1989, and Articles 27-28 of the 1945 Constitution. Critical discussions through grammatical, systematic, teleological, and comparative interpretations confirm that the status of "unregistered marriage" violates the principle of rechtszekerheid, creates structural gender injustice, and institutionalizes administrative exploitation. As a novelty, the research proposes the concept of "integrated administrative itsbat" through a national digital platform that integrates the Population and Civil Registration Office-Religious Affairs Office-Religious Court with artificial intelligence-based validation of Absolute Responsibility Statements and a mandatory 90-day timeline, revolutionizing the protection of marginalized families through inclusive technology
Struggle for Customary Rights and State Certification: Problems of Customary Land Grants Widyana Mareta Anwar; Nur Mohamad Kasim; Erman I. Rahim
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.v11i1.295

Abstract

 overlapping conflict between customary land grants and land ownership certificates is a serious problem in the Indonesian land law system, reflecting the tension between customary law based on social-communal recognition and positive law oriented towards administrative certainty. This study uses a descriptive-analytical normative juridical approach through a literature review of the 1945 Constitution Articles 18B and 33, the 1960 UUPA Articles 3 and 5, Government Regulation 24/1997, and the Constitutional Court decisions 35/PUU-X/2012 and 1012 K/Pdt/2023, combined with an analysis of empirical data on customary land grant cases in Central Kalimantan, Tana Toraja, East Manggarai, Sorong, and Baduy (2020-2024). The findings indicate that land ownership certificates have superior legal force in judicial practice due to the presumption of regularity mechanism, but are not immune to correction because Government Regulation 24/1997 allows for proof of conversion of old rights through non-formal evidence. Harmonization of customary law and positive law requires: first, recognition of customary evidence as prima facie evidence in land administration; second, strengthening coordination between the National Land Agency (BPN), the Regional Government (Pemda), and Customary Institutions; third, development of a restorative mediation mechanism that integrates customary leaders and district courts; fourth, reform of customary land registration policies and customary law literacy. This study concludes that substantive justice for indigenous communities can be achieved through operational legal pluralism without sacrificing legal certainty, by protecting customary rights as an integral part of the nation's cultural heritage that deserves to be respected and consistently protected in every aspect of national land policy.
Implementation of Criminal Sanctions for Violators of International Crimes by the International Criminal Court Zulkarnain Zulkarnain
Lambung Mangkurat Law Journal Vol. 9 No. 1 (2024): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v9i1.149

Abstract

In enforcing International Humanitarian Law against violators of crimes that fall under the jurisdiction of the International Criminal Court (ICC) based on the 1998 Rome Statute and previous international crimes that were tried based on the Ad Hoc Court. Norms regarding enforcement mechanisms for International Humanitarian Law can be found in the Geneva Conventions of 1949 and two Additional Protocols I and II of 1977. Apart from that, they can also be found in provisions relating to ad hoc and permanent War Crimes Tribunals, such as the International Criminal Court (ICC). This International Court is a legal instrument that causes violations of international crimes to be said to be effective. To prove that in enforcing International Humanitarian Law, the International Court has tried and punished perpetrators of international crimes, for example, Herman Wihem Georing case through the Nurenburg court with sentenced to death, Matsue Iwane case that Tokyo Tribunal finished, Anto Furundzija case by Yugoslavia court (ICTY), Jean- Paul Akayesu by Ruwanda Tribunal (ICTR), Somalia and Sudan case in processing by ICC. Case of Israel committing war crimes in Gaza during the 2008-2009 period.
Criminal Law Formulation Policy to Prevent Corporate Crimes Conducting Mining in Forest Areas without Permission Salin Salin; Muhammad Erham Amin; Ahmad Syaufi; Ifrani Ifrani
Lambung Mangkurat Law Journal Vol. 9 No. 1 (2024): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v9i1.151

Abstract

Corporations carrying out mining activities in forest areas are still widespread, the existing laws and regulations currently in force are still not enough to prevent corporate crimes in the criminal sector without a business permit from the central government, which causes the risk of environmental damage and social disadvantage for the community, which means In the absence of harmonious law enforcement in the field, there is a need for a concept to provide legal certainty regarding the burden of criminal liability for violations by corporations carrying out mining activities without a permit through policy formulation to provide certainty. The purpose of this writing is to know, understand, analyze, describe and discover the concept of criminal law formulation policies in preventing corporate crimes that carry out mining activities in forest areas without ministerial permission. The results of this writing, through the Connectivity Legal Theory, will be believed to provide a breath of fresh air in law enforcement within the police in order to ensnare corporations that carry out covert and organized business activities. This will provide certainty in the basic guidelines. It differs in that the interpretation method is still ambiguous from various points of view and is still difficult to apply without basic references in countries that adhere to the continental European legal system. The idea of law enforcement in realizing an Article which still contains ambiguities but is based on other rules can be used as a reference to strengthen the position of the Article with the following provisions: a. Still relevant in law in the same environment; b. Still in the same hierarchy of laws and regulations; c. Connected regulations provide clarity on legal issues in legislative formulation; d. Bag-connected rules provide clarity in criminal liability
Legal Protection of Women’s Rights in Afghanistan During the Taliban Regime of 2021-2022 and the State Responsibility Alya Ananda Safitri; Sefriani Sefriani; Amalina Ghaisani
Lambung Mangkurat Law Journal Vol. 9 No. 1 (2024): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v9i1.154

Abstract

This paper discusses women’s rights in Afghanistan during the Taliban regime from 2021 to 2022. Having seized power in Afghanistan by the Taliban in August 2021, a wide range of regulations seem to discriminate against women. The discriminatory restrictive regulations enforced by the Taliban have prevented women and girls in Afghanistan from receiving the same rights as men, such as access to education, employment, and access to public facilities. This is clearly inconsistent with The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Given that Afghanistan ratified CEDAW in 2003, it guarantees the protection of women’s rights, it means that Afghanistan has become a state party, then Afghanistan has the responsibility to comply with this convention. This research uses the type of normative legal research - searching for material in the form of library materials or secondary data as sources in writing research. The purpose of this study is to find out how the legal protection of women’s rights during the Taliban regime considering that Afghanistan has ratified CEDAW. Furthermore, to find out whether Afghanistan can be held responsible for the restrictions on women’s rights imposed by the Taliban. The approach used in this study is the conceptual approach and the statute approach. This research also uses a historical approach and a case approach. This study finds the legal protection that Afghanistan has provided for women’s rights based on the ratification of CEDAW, namely the Law on Elimination of Violence against Women (EVAW). The Islamic Republic of Afghanistan’s Constitution also protects women’s rights. However, the EVAW law has not been enforced at all since the Taliban took over. It indicates that Afghanistan can be held responsible.
Application of Bankruptcy Provisions to Condominium HT Objects and their Relation to the Binding Power of Preferent Rights Under the Bankruptcy Law Aslan Noor; Anik Istiqomah; Hermindo Hermindo; Nurfarida Nurfarida; Attansya Rafli Rusaedi
Lambung Mangkurat Law Journal Vol. 9 No. 1 (2024): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v9i1.155

Abstract

This research examines the application of bankruptcy provisions to condominium Mortgage Rights (HT) objects and their relationship with the binding power of preference rights based on the Bankruptcy Law. Condominiums as a unique form of property ownership, with the characteristics of joint shares, joint objects, and joint land, create their complexities when faced with a bankruptcy situation. This research uses normative juridical methods with statutory and conceptual approaches to analyze these problems. The research results show that the application of bankruptcy provisions to condominium HT objects has several specificities. First, the curator must make a clear separation between the bankruptcy assets which are part of the individual apartment units and the common parts, joint objects and joint land. Second, the bankruptcy process and HT execution must still pay attention to the rights of other residents in the condominium, as regulated in the Condominium Law. Third, intensive coordination is required between the curator and the Association of Owners and Residents of Flats (PPPSRS) in the bankruptcy process. Regarding the binding power of preferential rights, this research found that the preferred rights of creditors of condominium HT holders are still recognized in the bankruptcy process as regulated in Article 55 paragraph (1) of the Bankruptcy Law. However, its implementation has several limitations and special considerations. HT execution only can done to part unit House individual arrangement, not including part together, thing together, and land together. Additionally, fulfillment​ obligations to PPPSRS, such as dues management and maintenance, must prioritized For guard continuity function condo. Study This conclusion required harmonization between the Bankruptcy Law, the Mortgage Law, and the Condominium Law to give certainty law for all parties involved​ in the case of bankruptcy condominium HT object. Proposed recommendations​ cover preparation rules for more implementers​ Specifically about mechanism bankruptcy condominium HT objects and improvements in coordination between institutions related to handling cases similar.
Legal Sanctions Against Notaries Who Violate Obligations and Prohibition of the Law on the Position of A Notary Fitria Dewi Navisa
Lambung Mangkurat Law Journal Vol. 9 No. 1 (2024): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v9i1.158

Abstract

Law Number 2 of 2014 concerning the Position of Notaries (UUJN) regulates mutual agreements and statutory regulations against Notaries who abuse the commitments and prohibitions as intended in Articles 16 and 17 UUJN, but criminal authority is not regulated in UUJN, therefore its use criminal sanctions In addition, there is no action against the joint authorization component related to the cancellation of authentic deeds in the UUJN. This authority is represented in Article 7 paragraph (2), Article 16 paragraph (11 and 13), Article 17 paragraph (2), Article 19 paragraph (4), Article 32 paragraph (4), Article 37 paragraph (2), Article 54 paragraph (2) and Article 65 UUJN. Criminal sanctions are not represented, however a Notary can be punished according to the provisions of the Criminal Code, considering that the appointment of a Notary is in accordance with the definition of burglary as regulated in the UUJN, code of ethics and corrective code. . Second, the component of using joint power relating to the deletion of a valid deed into a private deed must go through a joint lawsuit process in a general court held by the association whose name is listed in the deed and which suffers negative consequences. as a result of these actions
Threats and Legal Protection of Personal Data Combined in E-Commerce Transactions Based on Personal Data Protection Law in Indonesia Tegar Islami Putra; Nurul Fibrianti
Lambung Mangkurat Law Journal Vol. 9 No. 1 (2024): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v9i1.159

Abstract

The dynamics of Indonesian trade are becoming more complex as time goes on, and one form of this development is digitalization. Although it has a positive impact, trade digitization also has a negative impact on different points of view, one of which is the threat in terms of combined personal data. Combined personal data is one type of personal data that is protected by the state through legal protection, so that the state guarantees people’s personal data. This scientific research uses one part of the grand method, namely Library Research which is based on literature or literature. The results of the research show that there are three forms of threats to people’s personal data combined in e-commerce transactions, especially in the use of IP Address, namely threats to geographic location tracking, unauthorized use and opening of personal data, and Distributed Denial of Service (DDoS) attacks. In the legal space in Indonesia, the three threats themselves do not yet have further rules related to the form and mechanism of protection and have different arrangements as a form of protection. Law Number 27 of 2023 concerning Personal Data Protection, Law Number 19 of 2016 amending Law Number 11 of 2008 concerning Electronic Information and Transactions, and Government Regulation of the Republic of Indonesia Number 71 of 2019 concerning the Implementation of Electronic Systems and Transactions. Based on this research, it is necessary to provide legal rules related to the form and mechanism of protecting a person’s IP Address as one type of personal data in Indonesia.
Inconsistencies of CSR Regulations in the Law Limited Liability Company in Relation to Justice Values Adi Sartono Kn; Abdul Halim Barkatullah; Djoni Sumardi Gozali; Noor Hafidah
Lambung Mangkurat Law Journal Vol. 9 No. 1 (2024): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v9i1.166

Abstract

The discussion in this journal is built on the inconsistencies in the regulations regarding CSR in Article 74 of Law Number 40 of 2007 concerning Limited Liability Companies, namely: First, the implementation of CSR is mandatory for companies that carry out their business in the field and/or related to natural resources. Second, the CSR funding system is voluntary. The purpose of this research is to find answers to the implications arising from the main problems mentioned above, namely: First, what are the legal implications in relation to justice from the inconsistency of regulations regarding CSR? Second, what is the ideal concept of CSR regulation? The research method used in this research is: descriptive normative research with a legal approach, legal theory and doctrine, and legal comparison. Research Results and Discussion: First, the implications of inconsistencies in CSR regulations in the Limited Liability Company Law can have an impact on the law enforcement process not being optimal in terms of justice, benefit and legal certainty as well as giving rise to unclear norms in relation to the CSR funding system which results in injustice for the community as the beneficiary CSR. Second, a more ideal concept of CSR regulation is: according to John Rowls’ Theory of Justice, if CSR funding sources are calculated from a portion of the Company’s profits, and according to Aristotle’s theory of justice, then the CSR funding system should be calculated as a percentage of the Company’s profits based on the principle of proportional equality between retention rights for Companies and the rights of the community as recipients of CSR benefits.

Page 14 of 16 | Total Record : 155

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