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Muhammad Rizki Anugerah
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lamlaj@ulm.ac.id
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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 155 Documents
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Legal Analysis of Patent Registration through the Patent Cooperation Treaty in Indonesia: Benefit or Loss? Caitlin Audrey Edelyne; Aurora Jillena Meliala
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.v10i1.225

Abstract

This study aims to examine and analyze the legal protection of patents in Indonesia within the framework of the Patent Cooperation Treaty (PCT) system as an instrument to facilitate technology transfer, as well as to identify the key obstacles faced by inventors in utilizing it. The research employs a normative juridical method with statutory and conceptual approaches. The findings reveal that the regulatory framework governing the PCT system in relation to technology transfer has been accommodated in Article 20 of Law No. 13 of 2016 on Patents, which has since been amended by Government Regulation in Lieu of Law (Perppu) No. 2 of 2022. Nonetheless, the implementation of the PCT system faces several significant challenges, including regulatory disharmony due to the amendment of Article 20 that has led to liberal interpretations, the procedural complexity of PCT applications that demands substantial legal and technical knowledge, and the generally low level of literacy and understanding among Indonesian inventors regarding patent strategies linked to commercialization and technology transfer. Therefore, strategic measures are required to strike a balance between the protection of exclusive patent rights and the public interest in accessing and adapting technologies. Through an integrative approach oriented toward national capacity building, Indonesia has the potential to transition from a passive technology user to an active player in the global innovation ecosystem by optimizing the PCT system.
Dualism of Legal Authority in Filing Suspension of Debt Payment Obligations Petitions Against Insurance Companies (Study Case: Decision No. 389/Pdt.Sus-PKPU/2020/PN Niaga.Jkt.Pst) Tedrick Soetedjo; Rasji
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.v10i1.229

Abstract

This article critically examines the dualism of authority in initiating bankruptcy proceedings against insurance companies in Indonesia. On the one hand, Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations and Law No. 21 of 2011 on the Financial Services Authority strictly confine such authority to the Financial Services Authority. On the other hand, in practice, Financial Services Authority’s non-response to Policyholder requests has led to interpretations invoking the doctrine of fictitious positive decisions under Law No. 30 of 2014 on Government Administration. Through normative-juridical analysis and doctrinal interpretation of the case 389/Pdt.Sus-PKPU/2020/PN Niaga.Jkt.Pst, the findings reaffirm that although fictitious decisions aim to protect citizens’ procedural rights, they cannot override the lex specialis framework of financial regulation. However, administrative silence by Financial Services Authority may still constitute an unlawful act done by the government (onrechtmatige overheidsdaad), opening paths for administrative litigation via the State Administrative Court. This paper argues for institutional reform and the reconciliation of legal objectives to effectively address administrative inaction, without compromising financial stability under the Bankruptcy and Suspension of Debt Payment Obligations regime.
A Review of Islamic Criminal Law Regarding Reverse Burden of Proof in Corruption Crimes Maisa Faizahra Ramadhani; Noor Azizah
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.v10i1.232

Abstract

Corruption is a complex problem in Indonesia that hinders law enforcement due to difficulties in proving cases. The principle of reverse burden of proof is applied as an effort to overcome this, requiring defendants to prove the origin of their wealth. This study aims to analyze the Islamic criminal law perspective on the application of the principle of reverse burden of proof in corruption cases in Indonesia. The study employs a normative legal method with a literature review. The findings indicate that while Islamic criminal law generally places the burden of proof on the prosecutor, the application of reverse burden of proof can be justified under certain conditions with strong indications of corruption. This study concludes that the application of the principle of reverse burden of proof in Islamic criminal law is acceptable as long as it does not violate the principles of the defendant's rights and is carried out cautiously based on strong preliminary evidence, thereby balancing the eradication of corruption and the protection of individual rights. This study provides practical recommendations for law enforcement agencies in handling corruption cases with reverse burden of proof.
Analysis of Islamic Criminal Law on the Acquittal of Khalwat Perpetrators : (Study Of Verdict Number 21/JN/2023/MS. Bna and Number 22/JN/2023/MS. Bna) Ibnu Zarir; Abd. Mukhsin
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.v10i1.233

Abstract

This study aims to evaluate the mindset of the Banda Aceh MS Panel of Judges in deciding the case of acquittal against the defendant in the khalwat case, as stipulated in Qanun Aceh Number 6 of 2014. The method used is a normative juridical approach with case studies on two decisions, namely Decision Number 21/JN/2023/MS. Bna and Number 22/JN/2023/MS. Bna. The findings in this study show that the Panel of Judges adheres to the principle of In Dubio Pro Reo, the principle of Unus Testis Nullus Testis, as well as the principles of Tabayyun and Tasabbut. However, the application of the principle of Unus Testis Nullus Testis is considered inappropriate, because although the Assembly stated that there was only one witness, in fact the Public Prosecutor presented three witnesses. In addition, the application of the principle of In Dubio Pro Reo gives the impression that there are doubts from the Panel of Judges in assessing the case, even though based on the facts of the trial, the element of intentionality is not clearly and decisively proven. Thus, the use of such principles is considered irrelevant. The element of intentionality and the existence of two valid pieces of evidence cannot be proven, so the indictment is declared not to meet the requirements of proof according to the law..
Implementation of the Polluter Pays Principle in Environmental Law Enforcement in Indonesia Farrel Salma Fadhilah; Immamulhadi; Dadang Epi Sukarsa
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.v11i1.308

Abstract

This study examines the effectiveness of the Polluter Pays principle in Indonesia’s environmental law enforcement framework following the enactment of the Job Creation Law. It specifically analyzes how regulatory changes have affected the accountability of business actors for environmental pollution and damage. Using a normative juridical approach, this research reviews statutory regulations, court decisions, and legal doctrines to assess the coherence between legal norms and their implementation. The study finds that although the Polluter Pays principle is formally embedded in the Environmental Protection and Management Law, the Job Creation Law, and Government Regulation No. 22/2021, its practical enforcement remains ineffective. This research identifies a critical gap between normative regulation and enforcement, primarily driven by the shift toward risk-based licensing, which weakens environmental permitting, reduces public participation, and limits oversight capacity. As a result, environmental governance becomes increasingly administrative, enabling business actors to avoid substantive liability. This study contributes to the development of environmental law by demonstrating that regulatory simplification under the Job Creation Law has structurally undermined the operationalization of the Polluter Pays principle. It highlights the need to strengthen enforcement mechanisms, enhance institutional oversight, and ensure greater legal protection for affected communities, including Indigenous peoples, to achieve ecological justice.

Page 16 of 16 | Total Record : 155

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