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Muhammad Rizki Anugerah
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rizki.anugerah@ulm.ac.id
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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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Diplomatic-Domestic Paradox of Indonesian Autonomous Weapons: A Sui Generis Regulatory Model for the KSOT Submarine System Sugiarto; Rukmono, Linus Yoseph Wawan; 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 Sudarmo, Lulu Salsabila; Wantu, Fence M; Dungga, Weny Almoravid
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 Anwar, Widyana Mareta; Kasim, Nur Mohamad; Rahim , Erman I.
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.

Page 14 of 14 | Total Record : 133

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