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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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Application of the Principle of Balance in Non-Competition Clauses in Indonesia Based on German Law Muhammad Azhari Rahman; Saprudin Saprudin
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/.v11i2.320

Abstract

The objectives of this study are, first, to identify and analyze the existence of the principle of balance in employment agreements containing non-competition clauses; and second, to determine fair and balanced non-competition regulation in indonesia based on german law.This study uses a normative legal research method with a doctrinal research type and is analytically prescriptive. The approaches employed are a legislative approach, a conceptual approach, and comparative law. The legal materials used consist of primary, secondary, and tertiary legal materials collected through literature review and then analyzed qualitatively. The results of the study indicate that, first, the existence of the principle of balance in the application of non-competition clauses in employment agreements is not sufficient simply by having a formal agreement; it is also measured by the substance of the clause. Non-competition clauses can only be maintained if they meet certain reasonable criteria. Second, for the application of non-competition clauses to reflect the principle of balance, clear and measurable legal regulations are required, as stipulated in German law. These arrangements need to contain written conditions, the existence of a legitimate business interest, limitations on the time period, area and scope of work, and the obligation to provide compensation to workers during the restriction period.
Competition Law Convergence in Kosovo: Lessons from Croatia’s European Union Integration Kastriote Vlahna; Dafina Vlahna; Hajredin Kuçi; Argona Kuçi
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/.v11i2.321

Abstract

This article compares competition legislation and enforcement practice in the Republic of Kosovo and the Republic of Croatia to assess their alignment with European Union standards and their capacity to operate within the European internal market. Existing scholarship treats the two jurisdictions separately and, since Kosovo adopted Law No. 08/L-056 on Protection of Competition in 2022, has given limited attention to the relationship between formal legal approximation and actual enforcement capacity. This study addresses that gap. Using a comparative legal method, it examines the statutory frameworks, decisional practice, and institutional design of each competition authority against the benchmark of Articles 101 and 102 of the Treaty on the Functioning of the European Union and Regulation (EC) No 139/2004. The analysis shows that Kosovo has advanced substantially in legal harmonization but that its enforcement practice, economic analysis, and institutional independence remain constrained. Croatia, a Member State since 2013, presents a more consolidated model supported by leniency arrangements, credible sanctions, and participation in the European Competition Network, although its institutional maturity developed gradually and remains incomplete. The two systems share weaknesses, including limited technical capacity and an underdeveloped culture of internal reporting, yet they differ markedly in institutional performance and credibility. The study’s novelty lies in treating legal convergence and enforcement capacity as two distinct analytical dimensions rather than a single continuum, which permits a more precise diagnosis of Kosovo’s position. The article concludes with targeted recommendations for Kosovo on strengthening the Competition Authority, making enforcement procedures more predictable, and deepening institutional cooperation and competition advocacy to build a competition culture capable of sustaining integration into the European market.
Legal Authority of the Police and SUPELTAS in Directing Traffic at Unsignalized Intersections Fuadi Isnawan
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/.v11i2.322

Abstract

The absence of traffic signal systems at intersections with high levels of vehicle density raises legal issues regarding the maintenance of order, safety, and the smooth flow of traffic, particularly concerning the authority to regulate traffic flow and the responsibility for ensuring the safety of road users. The Wates Road intersection in Sleman Regency, Special Region of Yogyakarta, is one such location facing these conditions, high vehicle volume without the support of traffic lights, thereby requiring direct regulation by parties with the capacity to control traffic flow. This study aims to analyze traffic control practices at intersections without traffic lights carried out by the police and SUPELTAS, as well as to formulate strategies for increasing road users’ legal awareness. This study employs an empirical legal research method with a sociological approach to law. Research data were obtained through direct observation of traffic control practices at the Wates Road Intersection to examine how legal norms regarding the maintenance of traffic order are applied in everyday life. The results indicate that the police play a primary role in regulating traffic based on the legal authority granted by legislation. Police actions include stopping vehicles and giving instructions to drivers through whistles and hand signals as a preventive exercise of the authority under Article 104 of Law No. 22 of 2009. SUPELTAS direct traffic outside police duty hours without equivalent authority, so their role is grounded only in the public participation provisions of Articles 256 to 258. Road users nonetheless comply with both, which indicates that order rests on legal behavior and public acceptance, not on formal authority alone. The study concludes that sustained order requires legal awareness cultivated through legal education, law-aware villages, digital campaigns, and banners, rather than the continuous presence of officers.
Fiscal Discretion and Citizens’ Burden: Tax Proportionality under Non-Emergency Economic Pressure Hilda Halnum Salsabil
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/.v11i2.325

Abstract

Economic pressure that falls short of an emergency places the government in a difficult fiscal position, because state revenue must be strengthened at the very moment when citizens face rising economic burdens. This article examines the legal limits of fiscal discretion when taxation is used as an instrument of fiscal recovery under non-emergency economic pressure. It also constructs a tax proportionality test as a structured and weighted accountability framework for determining whether tax policy remains legally justifiable or instead becomes a mechanism for shifting fiscal burdens excessively onto citizens. The study applies normative legal research using statutory, conceptual, and policy approaches. It finds that tax policy in a non-emergency situation cannot be justified by formal statutory authority under Article 23A of the 1945 Constitution of the Republic of Indonesia alone. Article 23A supplies a legality threshold; the substantive assessment of tax burdens must also be connected to the constitutional guarantees of legal certainty, protection of property rights, and social welfare. The proposed framework comprises seven elements: legality, legitimate public purpose, suitability of the instrument, necessity, balance of burden, transparency and auditability, and periodic evaluation. These elements do not operate as a strict cumulative invalidation test. Legality functions as the initial threshold. Legitimate purpose, suitability, necessity, and balance of burden operate as core justification elements, whereas transparency, auditability, and periodic evaluation operate as accountability indicators. Applying the framework to the 12 percent Value Added Tax (VAT) policy shows that legality and fiscal purpose are only the starting points of justification. The critical issues lie in proving necessity, protecting purchasing power, balancing burdens, disclosing the use of revenue, and evaluating the effects of the policy on vulnerable groups.
The Rohingya Crisis and the Future of Arakan: Reassessing Self-Determination in International Law Shakhawat Hossain; Nissat Hossain Aarshi
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/.v11i2.328

Abstract

The Rohingya crisis remains one of the most protracted humanitarian and legal challenges in contemporary international law. Despite sustained international efforts, repatriation initiatives have failed to address the structural causes of displacement, including statelessness, denial of citizenship, and the absence of meaningful political representation. This article examines whether external self-determination may constitute a legally sustainable and durable solution for Arakan under contemporary international law. Using a normative (doctrinal) legal research method, the study analyzes international legal instruments, judicial decisions, historical sources, and relevant scholarly literature through statutory, case law, historical, and conceptual approaches. The analysis gives particular attention to Reference re Secession of Quebec (1998), the Kosovo and Chagos Advisory Opinions of the International Court of Justice (2010 and 2019), and the communications of the African Commission on Human and Peoples’ Rights in Katangese Peoples’ Congress v. Zaire (1995) and Kevin Mgwanga Gunme et al. v. Cameroon (2009). The article argues that the relevant right-holders are the peoples of Arakan collectively, including the Rohingya, the Rakhine, and other historically rooted communities. While international law does not recognize a settled right to remedial secession, the prolonged denial of meaningful internal self-determination, the systematic exclusion of the Rohingya under the Burma Citizenship Law 1982, and widespread human rights violations place Arakan within the category of exceptional cases warranting serious legal consideration. The article further contends that accountability mechanisms before the International Court of Justice and the International Criminal Court, although essential, cannot by themselves resolve the underlying constitutional causes of the crisis. It concludes that any durable solution must combine accountability, inclusive governance, equal citizenship, and meaningful political participation within a framework consistent with contemporary international law
Risk-Based Diversion and Risk-Informed Disposition for Children with Psychopathic Traits in Indonesian Sexual-Violence Cases Nurhaedah Andi Taliny Suryaningtyas
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/.v11i2.330

Abstract

Indonesian juvenile justice law places diversion behind an offense- and repetition-based gate in Article 7(2) of the Juvenile Criminal Justice System Law (SPPA Law), while purposive scholarship emphasizes restorative justice and the best interests of the child as grounds for a wider practical reach of diversion. This article examines that doctrinal tension in child sexual-violence cases, the treatment of psychopathic traits under the 2023 Criminal Code, including the transitional operation of Article 618, and the lawful use of forensic assessment within the social inquiry report (Litmas). Using normative legal research with statutory, conceptual, interdisciplinary, and limited functional-comparative approaches, the article reconstructs the post-2026 offense map under Article 622 and Law Number 1 of 2026, and it distinguishes legal eligibility, criminal responsibility, and prospective risk-and-needs formulation. It finds that Article 7(2) remains a categorical eligibility gate. Article 419(1), which carries a maximum of exactly seven years, falls outside ordinary diversion, whereas mixed-charge cases remain governed by Supreme Court Regulation Number 4 of 2014. Psychopathic traits are neither a diagnosis under the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, Text Revision (DSM-5-TR) nor an automatic excuse, aggravating factor, or disability status. Clinical information may inform treatment, supervision, reintegration, reasonable accommodation where independently warranted, restitution-related planning, and victim safety, but it cannot determine guilt or statutory eligibility. The proposed framework therefore separates Risk-Based Diversion for legally eligible cases from a Risk-Informed Disposition Module for formally adjudicated cases, supported by selective referral, youth-appropriate assessment, reasoned evidentiary weight, protection against stigma, and periodic review. Government Regulation Number 65 of 2015 and coordinated guidance may regulate procedure, but only legislation may alter statutory eligibility.
Annulment of Indonesian Arbitration Award: Misinterpretation of Article 70, Supreme Court Correction, and Inconsistency of SEMA 7/2012 Mifahul Zannati; Khaerul Ma’arif
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/.v11i2.331

Abstract

Article 60 of Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution (the Arbitration Law) makes arbitral awards final and binding, yet Article 70 still allows District Courts to annul an award on three narrow grounds. The way these courts read Article 70 therefore determines whether finality holds in practice and raises a question about the scope of judicial power under Article 24 of the 1945 Constitution. Prior studies have documented the tendency of District Courts to treat annulment applications as disguised appeals, but they have not mapped the specific errors in judicial reasoning or examined whether the Supreme Court’s technical guidance has kept pace with Constitutional Court Decision Number 15/PUU-XII/2014, which declared the Elucidation of Article 70 non-binding. This normative-prescriptive legal study applies case and conceptual approaches to three Supreme Court decisions (Numbers 234 B/Pdt.Sus-Arbt/2024, 355 B/Pdt.Sus-Arbt/2025, and 918 B/Pdt.Sus-Arbt/2023), using Gustav Radbruch’s three basic values of law and the doctrines of minimal curial intervention, competence-competence, and the prohibition of révision au fond. The analysis identifies four errors by District Court judges: an expansive reading of “fraud,” a reassessment of the evidence and merits, the acceptance of an abusive application that functioned as a disguised appeal, and a failure to distinguish a formal disposition (niet-ontvankelijk verklaard) from a substantive rejection (verworpen). In all three decisions, the Supreme Court corrected these errors by enforcing the limitative character of Article 70. The study also finds that Supreme Court Circular Letter (SEMA) Number 7 of 2012 still refers to the Elucidation of Article 70, which may mislead first-instance judges. The article contributes by identifying this gap in the judiciary’s technical guidance as a concrete target for revision and by proposing amended wording for Articles 70 and 72 of the Arbitration Law.
Female Apostasy and Marital Status in Indonesian Marriage Law: Comparing Wahbah az-Zuhaili and Abdullahi Ahmed An-Na’im Rizky Ananda; Aripin Marpaung
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/.v11i2.334

Abstract

This study analyzes the legal implications of female apostasy for marital status by comparing the thought of Wahbah az-Zuhaili and Abdullahi Ahmed An-Na’im and assessing its relevance to Indonesian marriage law. It uses normative legal research with a qualitative-comparative, library-based design. Primary legal materials include the Qur’an, hadith, the main works of both scholars, Law Number 1 of 1974 as amended by Law Number 16 of 2019, the Compilation of Islamic Law, and relevant court decisions. The analysis combines normative, conceptual, comparative, and historical-sociological approaches and uses munaqashat al-adillah (the critical weighing of legal proofs) as a framework to examine the basis, method, strengths, and limitations of each legal argument. The results show that az-Zuhaili treats riddah (apostasy) as a ground for ending a marriage through fasakh (judicial dissolution), whereas An-Na’im rejects automatic civil consequences of a change of religion and stresses freedom of religion and human rights. The difference stems from two models of legal validity: az-Zuhaili’s internal-traditional model grounded in ushul al-fiqh and An-Na’im’s historical-critical model grounded in human rights. In Indonesia, az-Zuhaili’s view aligns more closely in substance with the construction of Islamic marriage law, although the legal consequences still require a court determination. An-Na’im’s perspective, in turn, helps strengthen the protection of women’s economic rights, hadhanah (child custody), and the best interests of the child. The study concludes that riddah cases require courts to integrate legal certainty, judicial authority, freedom of religion, and gender justice.
Legal Protection of Consumers against Exoneration Clauses in Indonesian Bus Travel Tickets Mhd Jahid Attamamy Harahap; Adlin Budhiawan
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/.v11i2.335

Abstract

This study analyzes the legal regulation of exoneration clauses in bus travel tickets, the legal protection available to consumers, and the considerations that judges apply to the validity of such clauses under Indonesian law. It is normative legal research using statutory, conceptual, and case approaches. The primary legal materials are the Indonesian Civil Code, Law Number 8 of 1999 concerning Consumer Protection, Law Number 22 of 2009 concerning Road Traffic and Road Transportation, and relevant court decisions, supported by secondary and tertiary materials and analyzed qualitatively. The study finds that an exoneration clause is not invalid merely because it limits the liability of a business actor. A clause that reflects the statutory allocation of carrier liability under Article 192 paragraph (4) of Law Number 22 of 2009 may be valid, provided that it does not remove consumers’ rights under mandatory provisions. A clause that absolutely excludes or transfers the business actor’s liability, by contrast, may violate Article 18 paragraph (1) letter a of Law Number 8 of 1999 and is then null and void under Article 18 paragraph (3). Protection is preventive, through the prohibition of unlawful standard clauses, and repressive, through compensation and dispute resolution. Supreme Court Decisions Number 2078 K/Pdt/2009 and Number 124 PK/Pdt/2007 show that the validity of liability-limiting clauses depends on the applicable statutes, good faith, the contractual relationship between the parties, and the presence of fault or negligence. The existing framework protects consumers substantively, but its effectiveness depends on how clauses are drafted and applied.
Bridging Legal Formalization and Living Law: The Urgency of a National Customary Offenses Portal in Indonesia Zyunika Rahma; Nabilla Desyalika Putri
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/.v11i2.339

Abstract

Law No. 1 of 2023 on the Criminal Code (the National Criminal Code) recognizes living law and thereby gives customary offenses legal standing as a basis for criminal liability. Formalizing these offenses, however, creates new problems: regulatory fragmentation, limited access to legal information, and a widening gap between written norms and the norms that Indigenous communities actually observe. This study pursues two objectives: first, to analyze the challenges of implementing customary offenses as living law after the enactment of the National Criminal Code; and second, to analyze why customary-offense data should be digitized in a single national portal. It asks why a National Customary Offenses Portal (Portal Delik Adat Nasional) is now urgently needed to support the implementation of living law. The study uses normative legal research with statutory and conceptual approaches and analyzes legislation, academic literature, and prior research descriptively and qualitatively. The findings show that, once living law has been recognized, the main obstacle is no longer the normative legitimacy of customary offenses but the absence of a legal information system that keeps customary legal data accessible, current, and integrated nationwide. This study therefore proposes the portal as an integrated digital system that continuously compiles and updates information on customary offenses.

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