cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Muhammad Rizki Anugerah
Contact Email
lamlaj@ulm.ac.id
Phone
+6282252779076
Journal Mail Official
rizki.anugerah@ulm.ac.id
Editorial Address
Jl.Brigjen H.Hasan Basri Komp.Unlam Banjarmasin No Telp Redaksi (0511) 4321658 email : lamlaj@ulm.ac.id
Location
Kota banjarmasin,
Kalimantan selatan
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 159 Documents
 12   13   14   15   16 
Implications Of The Abolition Of The Presidential Threshold For The Realization Of Substantial Democracy Achmad Hariri
Lambung Mangkurat Law Journal Vol. 10 No. 1 (2025): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v10i1.197

Abstract

The implementation of the presidential threshold (PT) in Indonesia’s electoral system has been a significant topic of debate in national politics. PT, which requires political parties or coalitions to meet a certain vote threshold to nominate a presidential candidate, is considered an instrument to strengthen political stability. However, critics argue that PT limits voter choice, benefits major parties, and hinders the realization of a more substantial democracy. This article aims to analyze the implications of abolishing PT for achieving substantial democracy, which emphasizes openness, broad participation, and equality in the political process. The findings of this discussion indicate that the implementation of PT in Indonesia restricts political representation, marginalizes small parties and independent candidates, and reduces voter choice diversity. Although PT aims to strengthen political stability by encouraging coalitions, it risks undermining inclusive democracy. The varying number of presidential candidates in 2004 (5 candidates), 2009 and 2024 (3 candidates), as well as 2014 and 2019 (2 candidates), demonstrates PT’s impact on political competition. More candidates provide greater choices but can fragment votes, whereas fewer candidates simplify elections but reduce inclusivity. Abolishing PT could create opportunities for more candidates, fostering a more inclusive and competitive environment, but it may also lead to political fragmentation and difficulties in coalition formation. Therefore, a balanced reform between inclusivity and political stability is necessary to enhance the quality of democracy in Indonesia.
Role of Notary in Criminal Justice Process Rahmia Rachman; Titie Yustisia Lestari
Lambung Mangkurat Law Journal Vol. 10 No. 1 (2025): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v10i1.198

Abstract

The criminal justice process raises a conflict regarding the role of a Notary, who is a public official responsible for creating authentic deeds and is bound by confidentiality, yet is required to testify about the deeds they have made. This study examines the role of the Notary as a witness in criminal cases involving deeds they have created and the legal protection provided to Notaries when giving testimony. The research uses an empirical juridical approach, collecting primary data through field interviews and document studies. The findings reveal that the Notary’s role as a witness in criminal proceedings is crucial for investigations. Notaries summoned for investigation must first obtain approval from the Notary Honorary Council of the Region (MKNW) and provide information, both orally and in writing, at the trial. Notaries are called to participate in the examination of criminal cases in their capacity as public officials who create authentic deeds, and their testimony is essential regarding what they have seen, heard, and the supporting evidence in the creation of the authentic deed involved in the criminal case. The study also highlights the legal protection for Notaries as witnesses, including the requirement to obtain approval from the Notary Honorary Council of the Region (MKNW) through a written request with justifications. Furthermore, Notaries are protected under the rights and obligations outlined in Article 1909 paragraph (3) of the Civil Code and Article 322 of the Penal Code. This research contributes to a deeper understanding of the specific role of Notaries within the criminal justice system, an area that has been underexplored in existing literature, particularly in comparison to their role in civil matters. The study provides valuable insights into the legal challenges and protections faced by Notaries when testifying in criminal proceedings.
Analysis of Competition Law on Alleged Monopolistic Practices in The Sale of Fuel Oil (BBM) by PT Pertamina (Persero) in Indonesia Amanda; Aurelia Denise; Catherine Vellynia Samudra
Lambung Mangkurat Law Journal Vol. 10 No. 1 (2025): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v10i1.208

Abstract

This study aims to analyze the alleged monopolistic practices carried out by PT Pertamina (Persero) in the distribution and sale of Fuel Oil (BBM) in Indonesia. The analysis is carried out through the perspective of business competition law as regulated in Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. PT Pertamina (Persero), through its subsidiary, PT Pertamina Patra Niaga, is known to control more than 95% of the national BBM market share, this dominance raises concerns about the creation of unfair business competition, especially for private companies that are also engaged in the BBM distribution sector such as PT Vivo Energy Indonesia. The research method used is normative juridical with a statutory and conceptual approach, and is analyzed qualitatively to gain an in-depth understanding of the issues studied. The results of the study indicate that significant market dominance by PT Pertamina (Persero), accompanied by government intervention in setting BBM prices, and the existence of barriers to market entry for competitors are strong indications of hidden monopolistic practices that violate the principles of fair competition. The role of the Business Competition Supervisory Commission (KPPU) as an institution authorized to supervise and enforce business competition law, still faces structural challenges in carrying out effective and optimal supervision. Therefore, this study emphasizes the importance of strict enforcement of business competition law, as well as the need for policy reform, to realize the principles of economic democracy and consumer protection.
The Effectiveness of Executing a Personal Guarantee as Security in Resolving Non-Performing Loans in Indonesia Frederick Septian Tuwan; Ariawan Gunadi
Lambung Mangkurat Law Journal Vol. 10 No. 1 (2025): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v10i1.209

Abstract

This study aims to analyze the effectiveness of executing personal guarantees as security in resolving non-performing loans in Indonesia. The method used is normative legal research with a statutory and case study approach. In banking practice, personal guarantees are often used as additional security for credit facilities, yet their enforcement faces various legal and administrative challenges. One major issue is the absence of preferential rights for creditors in this guarantee, requiring banks to undergo litigation to execute the guarantor's assets. Furthermore, guarantors often transfer their assets to evade liability, complicating the execution process. The execution procedure also entails lengthy legal steps, including summons, lawsuits, and court rulings before enforcement. Therefore, clearer regulations and more effective execution mechanisms are needed to enhance legal certainty for both creditors and debtors.
Harmonization of Investment and Local Wisdom: an Ideal Model of Investment Regulation Based on Local Wisdom in Bali's Tourism Sector Ida Ayu Putu Sri Astiti Padmawati; Ida Ayu Ratna Kumala; Riri Irmanti; Dewa Gede Edi Praditha; Gede Agung Wirawan Nusantara
Lambung Mangkurat Law Journal Vol. 10 No. 1 (2025): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v10i1.210

Abstract

The influx of investment then has a significant impact on the social life of Balinese indigenous people in preserving their local wisdom. This article raises the issue of the rapid phenomenon of investment in Bali which has the impact of dualism of interests on indigenous peoples who must maintain their local wisdom and on the one hand must also follow the development of economic flows to support their lives. This paper is normative legal research using the method of statutory approach, conceptual approach, and sociological approach. This research argues that the harmonization of tourism investment with the value of Tri Hita Karana in Bali creates a balance between economic benefits and preservation of local cultural identity. The ideal investment model in Bali requires the collaboration of investors, government, and indigenous people through adaptive regulations based on local wisdom
Reconceptualization of the Scope of Parties in Disputes Handled by the Financial Services Sector Alternative Dispute Resolution Institution (LAPS SJK) Theresia Gabriella; Rianda Dirkareshza
Lambung Mangkurat Law Journal Vol. 10 No. 1 (2025): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v10i1.211

Abstract

The rapid growth of the financial services sector in Indonesia has increased the potential for disputes between consumers and financial service providers (PUJK), thereby necessitating an effective dispute resolution mechanism. In response, the Financial Services Authority (OJK) established the Financial Services Sector Alternative Dispute Resolution Institution (LAPS SJK) through Regulation No. 61/POJK.07/2020 as an enhancement of the previous regulation. LAPS SJK is the result of a merger of six sectoral dispute resolution institutions to simplify the resolution process across various financial service sectors. However, in its implementation, there has been a regulatory disharmony concerning the definition and scope of parties eligible to access LAPS SJK services. Law No. 4 of 2023 limits consumers to individuals, while POJK 61/2020 expands the definition to include users of PUJK services, and LAPS SJK Regulation No. 1 refers to "legal subjects," thereby making the scope more inclusive. This inconsistency creates legal uncertainty and potentially hinders access to justice. This research adopts a normative legal approach to analyze the regulatory disharmony and recommends the need for a reconceptualization of the definition of disputing parties. Harmonizing the regulations is expected to improve the effectiveness and inclusiveness of LAPS SJK in resolving disputes and strengthen legal protection in the financial services sector.
The Convertible Note Mechanism and the Risk of Share Dilution: Legal Protection for Minority Shareholders Meily Natassya; Gunardi Lie
Lambung Mangkurat Law Journal Vol. 10 No. 1 (2025): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v10i1.217

Abstract

The convertible note instrument is increasingly being used by startup companies to raise early-stage funding due to its flexibility and efficiency, particularly in deferring company valuation until a subsequent funding round. However, despite its convenience, this scheme entails legal risks, especially for minority shareholders. The debt-to-equity conversion process may lead to shareholding dilution and weaken the bargaining position of minority shareholders within the company’s decision-making structure. This journal examines how the conversion mechanism in a convertible note can lead to share dilution risks and explores the available legal protections for minority shareholders against such risks. This research adopts a normative juridical method with a statutory and literature-based approach, analyzing both legal texts and contractual practices. The findings indicate that although Law No. 40 of 2007 concerning Limited Liability Companies recognizes the right of first refusal (pre-emptive right), Article 43 paragraph (3) exempts this right in the context of the conversion of convertible securities into shares. As a result, minority shareholders often lack adequate protection and are vulnerable to ownership dilution. The study concludes that there is an urgent need to reconstruct corporate legal norms in response to the growing practice of debt-based convertible financing. The author recommends that policymakers consider limiting the exceptions to the pre-emptive right and encourage contractual compensation schemes for minority shareholders as a more equitable form of protection within modern corporate structures.
Effectiveness of Legal Responsibility and Evaluation in Breach of Contract Cases Kevin Putra Subagijo; Gunawan Djajaputra
Lambung Mangkurat Law Journal Vol. 10 No. 1 (2025): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v10i1.218

Abstract

This study discusses the effectiveness of the application of legal responsibility to parties who commit default in judicial practice and out-of-court settlement. Default is a form of violation of the contents of the agreement that has been agreed upon by the parties, which can be in the form of not carrying out the performance at all, carrying out the performance not on time, or carrying out the performance not as it should be. In the Indonesian civil law system, provisions regarding default have been clearly regulated in the Indonesian Civil Code, especially in Articles 1234 to 1243 of the Indonesian Civil Code. This study uses a qualitative research method with a descriptive approach, which aims to describe and analyze the extent to which the application of legal responsibility to the perpetrator of default can provide effective legal protection for the injured party, both through the judicial process and alternative dispute resolution. The results of the study indicate that the success of enforcing legal responsibility depends on several factors, including the strength of the evidence, the bargaining position of the parties, and the active role of law enforcement officers and mediation or arbitration institutions. Thus, choosing the right dispute resolution path is key to ensuring justice and legal protection for parties who are harmed due to default.
Direct Distribution Regulation by Foreign Direct Investment in the Trade Sector: A Comparative Study Between Indonesia and Singapore Shane Evelina; Gunardi Lie
Lambung Mangkurat Law Journal Vol. 10 No. 1 (2025): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v10i1.219

Abstract

This research aims to analyze and compare the regulations governing foreign direct investment in direct distribution activities within the trade business sector, specifically between Indonesia and Singapore. The phenomenon of direct distribution by foreign investors poses challenges for domestic businesses, particularly micro, small, and medium enterprises, as it has the potential to create competitive disparities. In Indonesia, direct distribution activities by foreign direct investment are subject to the provisions of Law Number 25 of 2007 on Investment, which has undergone partial amendments through several subsequent regulations. However, the implementation of these regulations has not fully reflected protection for domestic businesses. Meanwhile, Singapore adopts a more liberal approach to foreign direct investment but maintains oversight mechanisms through specific authorities and administrative requirements for foreign companies. This study seeks to address one key issue: what are the fundamental differences in the regulatory approaches of Indonesia and Singapore toward direct distribution by foreign direct investment? The research employs a normative or doctrinal method with a comparative approach. Secondary data were obtained from applicable laws and regulations, legal literature, and institutional policies in both countries. The findings indicate that Singapore emphasizes ease of market access for foreign direct investment with minimal sectoral restrictions, whereas Indonesia operates within a framework of selective protectionism that lacks consistency. Therefore, there is a need for reconstructing foreign direct investment regulations in Indonesia that are not only pro-investment but also promote economic justice and sustainable national development.
Legal Policy on the Use of Weapons by Law Enforcement Officers from the Perspective of Protecting the Right to Freedom of Expression Nur Sya'ban; Ariawan Gunadi
Lambung Mangkurat Law Journal Vol. 10 No. 1 (2025): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v10i1.224

Abstract

This study examines the issue of the use of force by law enforcement officers in managing demonstrations, particularly from the perspective of protecting the right to freedom of expression. Although demonstrations are a constitutional right guaranteed by the 1945 Constitution of the Republic of Indonesia and international human rights instruments, in practice, there have been various violations of human rights principles—such as the disproportionate use of force, arrests without clear justification, and limited access to legal assistance for detained protesters. Law enforcement personnel often face a dilemma between maintaining public order and the risk of being accused of human rights violations, while civilians—including those not directly involved—often suffer the consequences of anarchic demonstrations. This research highlights the urgent need for a human rights-based approach in managing public protests, through enhancing the professionalism and capacity of law enforcement, strengthening dialogue among stakeholders, and improving compensation mechanisms for affected parties. A holistic approach is essential to achieving a balance between safeguarding the right to free expression and maintaining public order in Indonesia.

Page 15 of 16 | Total Record : 159

 12   13   14   15   16 

Filter by Year

2016 2026


Reset
Filter By Issues
All Issue Vol. 11 No. 2 (2026): September Vol. 11 No. 1 (2026): March Vol. 10 No. 2 (2025): September Vol. 10 No. 1 (2025): March Vol. 9 No. 1 (2024): March Vol. 8 No. 1 (2023): March Vol. 6 No. 2 (2021): September Vol. 6 No. 1 (2021): March Vol. 5 No. 2 (2020): September Vol. 5 No. 1 (2020): March Vol. 4 No. 2 (2019): September Vol. 4 No. 1 (2019): March Vol. 3 No. 2 (2018): September Vol. 3 No. 1 (2018): March Vol. 2 No. 2 (2017): September Vol. 2 No. 1 (2017): March Vol. 1 No. 2 (2016): September Vol. 1 No. 1 (2016): March More Issue