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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 171 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 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/.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.
Dualism of Authority between Notaries and the Heritage Hall in Issuing Certificates of Inheritance Rights in Indonesia: A Normative Study on Legal Certainty and Protection Astrid Athina Indradewi; Rumi Suwardiyati; Evelyn Hutami Gunawarman
Lambung Mangkurat Law Journal Vol. 11 No. 2 (2026): September
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/.v11i2.312

Abstract

Death is not merely a biological event but a legal event that transfers a decedent’s assets to the heirs. In Indonesian practice, the Certificate of Inheritance Rights (Surat Keterangan Hak Waris/SKHW) proves who is lawfully entitled as an heir and is an administrative prerequisite for the transfer of land rights, banking transactions, and taxation matters. Its position is therefore bound to the legal certainty and legal protection guaranteed by the 1945 Constitution. Indonesia’s pluralistic inheritance system, however, has dispersed the authority to issue SKHW among village and sub-district heads, notaries, and the Heritage Hall (Balai Harta Peninggalan/BHP). Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency Number 16 of 2021, which opens BHP issuance to all Indonesian citizens, was intended to eliminate discrimination based on population groups, yet it produces a normative anomaly by introducing overlapping authority between notaries and the BHP within a system that simultaneously claims equality and legal uniformity. This research analyses that legal basis, examines the implications of the dualism for legal certainty and legal protection, and formulates a normative solution for integrating SKHW issuance nationally. It employs normative legal research with statutory, conceptual, and comparative approaches, examining the Burgerlijk Wetboek, the Notary Office Act, and land regulations, and comparing the laws of Singapore and the Netherlands. The study finds that (i) sectoral regulations governing notaries and the BHP are normatively disharmonious, leaving the boundaries of authority unclear; (ii) the absence of centralised national registration and verification permits multiple certificates for the same decedent; and (iii) a weak supervisory framework aggravates legal uncertainty and erodes the protection of heirs’ rights. The dualism therefore does not merely duplicate administration but structurally weakens legal certainty and legal protection. The study proposes an integrated national SKHW system, clarified institutional authority, and strengthened supervision.
Policy Guarantee Program Expanding Deposit Insurance Corporation Mandate under Financial Sector Regulatory Framework Diana R.W. Napitupulu
Lambung Mangkurat Law Journal Vol. 11 No. 2 (2026): September
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/.v11i2.318

Abstract

This article examines the expansion of Indonesia’s deposit insurance mandate through the introduction of the Policy Guarantee Program under the Financial Sector Development and Strengthening Law (2023). Unlike prior studies that predominantly describe regulatory changes, this research offers a novel analytical perspective by positioning the program as a form of institutional convergence between banking deposit insurance and insurance policyholder protection within a unified financial safety net framework. Using a normative juridical method with statutory and conceptual approaches, this study analyzes the legal rationale for extending the deposit insurance authority and evaluates its implications for institutional governance. The findings reveal that the program marks a significant shift from a sector-specific guarantee model toward an integrated financial protection mechanism. This transformation not only strengthens consumer protection for policyholders but also enhances systemic stability by mitigating the impact of insurance company insolvency. However, the study also identifies critical challenges, including institutional capacity constraints, the need for effective coordination with financial supervisory authorities, and the risk of moral hazard arising from guarantee schemes. The novelty of this research lies in conceptualizing the program as a hybrid regulatory instrument that bridges two traditionally separate domains, banking and insurance, while highlighting its implications for regulatory design in emerging financial systems. Accordingly, the study argues that the effectiveness of this policy depends on the development of comprehensive implementing regulations, clear governance structures, and robust oversight mechanisms to ensure both financial stability and policyholder protection.
The Intersection of Court Jurisdiction in Handling Cases Involving Children Born out of Wedlock Amidst Family Law Pluralism in Indonesia Diana Rahmawati; Abdul Halim Barkatullah; Rachmadi Usman; Nurunnisa Nurunnisa
Lambung Mangkurat Law Journal Vol. 11 No. 2 (2026): September
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/.v11i2.319

Abstract

The purpose of this study is to analyze (1) the consistency of the absolute authority limits of Religious Courts and General Courts in handling cases of illegitimate children, and (2) the application of the Principle of Islamic Personality in resolving cases of illegitimate children in judicial practice in Indonesia. This study uses a normative (doctrinal) legal research method to examine the norms and regulations of judicial authority related to handling cases of illegitimate children. The approaches used include the statute, conceptual, and case approaches. The legal materials analyzed consist of primary legal materials and secondary legal materials. First, the pluralism of family law in Indonesia has given rise to a dualism in jurisdiction between Religious Courts and General Courts regarding handling cases of illegitimate children. This has the potential for violations of the absolute authority of the Religious Court institution found in several decisions, including those related to illegitimate children submitted by Muslim parties handled by the District Court. This is influenced by several factors, including historical factors, similarities in disputed objects in civil law, legal vacuum in regulating illegitimate children, as well as different interpretations of the Court Decision No. 46/PUU-VIII/2010. In addition, Religious Courts tend to use a stricter approach in granting requests/lawsuits related to illegitimate children. The results of the second study showed that violations of the absolute jurisdiction of Religious Courts not only violate the provisions of the law but also ignore the Principle of Islamic Personality as the basis of the authority of the Religious Courts, which has the potential to be revoked. Moreover, there are decisions that contradict the substance of Islamic Law.
Personal and Company Criminal Liability for Distributing Unlicensed Cosmetics and Its Application in Indonesian Court Rulings Putri Azri Sipahutar
Lambung Mangkurat Law Journal Vol. 11 No. 2 (2026): September
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/.v11i2.329

Abstract

The increasing circulation of cosmetic products without marketing authorization in Indonesia poses significant challenges to consumer protection and public health, requiring effective criminal law enforcement against both individual and corporate offenders. This study aims to analyze the regulation of criminal liability for individuals and corporations distributing cosmetic products without BPOM marketing authorization under Indonesian positive law and to examine its implementation in Indonesian court decisions. The research employs a normative juridical method using statutory and case approaches. Legal materials were collected through library research, including legislation, court decisions, legal doctrines, books, and scientific journal articles, and were analyzed qualitatively through grammatical and systematic legal interpretation. The study finds that the legal framework governing criminal liability is comprehensively regulated under Law Number 17 of 2023 on Health, Law Number 8 of 1999 on Consumer Protection, Government Regulation Number 28 of 2024, and BPOM Regulation Number 17 of 2023. Criminal liability is imposed based on the fulfillment of the elements of an unlawful act (actus reus) and fault (mens rea), accompanied by administrative and civil sanctions as part of an integrated legal protection system. Furthermore, the implementation of criminal liability in Decision Number 204/Pid.Sus/2025/PN MKS and Decision Number 856/Pid.Sus/2025/PT MKS demonstrates that Indonesian courts have consistently applied the principles of legality, culpability, and criminal responsibility. Although the appellate court imposed a more severe sentence, both decisions consistently emphasized legal certainty, public health protection, and deterrence as the primary objectives of criminal punishment. This study concludes that the existing legal framework has provided an adequate normative basis and has been consistently implemented in judicial practice, thereby strengthening consumer protection and the enforcement of criminal law against the illegal distribution of cosmetic products in Indonesia.
An Administrative Sanction Enforcement Model for Spatial Justice: The Maj Apartment Dago and Bankruptcy Law Irsyad Halim Al-Ghifari; Maret Priyanta; Yulinda Adharani
Lambung Mangkurat Law Journal Vol. 11 No. 2 (2026): September
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/.v11i2.311

Abstract

This study analyzes the enforcement of administrative sanctions for spatial utilization violations at The Maj Apartment Dago (TMAD) in the North Bandung Area from the perspectives of spatial planning law and spatial justice. It asks whether enforcement can go beyond controlling non-compliant development and provide a legal mechanism for restoring spatial functions. The study applies normative juridical research with statutory, conceptual, and case approaches, drawing on primary, secondary, and tertiary legal materials and on documented legal facts concerning TMAD, all analyzed qualitatively. Its novelty lies in an enforcement model that connects spatial administrative law with bankruptcy law, particularly for demolition and spatial restoration where the building owner is bankrupt and the assets are subject to the rights of secured creditors. The findings show that TMAD raises spatial conformity and licensing issues, including construction beyond the height permitted under the applicable spatial planning framework. The postponement of the Certificate of Proper Function (Sertifikat Laik Fungsi, SLF), however, is not a spatial administrative sanction and does not meet the need for spatial restoration. The developer’s bankruptcy and the building’s position within the bankruptcy estate further complicate enforcement. The proposed model therefore coordinates administrative demolition and spatial restoration with the bankruptcy regime under Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, while respecting the rights of secured creditors and other legally protected interests. The model offers a legally structured mechanism for restoring spatial functions while preserving legal certainty and spatial justice.

Page 16 of 18 | Total Record : 171

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