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INDONESIA
Lambung Mangkurat Law Journal
ISSN : 25023136     EISSN : 25023128     DOI : -
Core Subject : Social,
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 9 Documents
Search results for , issue "Vol 6, No 1 (2021): March" : 9 Documents clear
Legal Protection of Uighur Muslim Ethnics in China from Perspective Human Rights Itasari, Endah Rantau
Lambung Mangkurat Law Journal Vol 6, No 1 (2021): March
Publisher : Program Magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat bekerjasama den

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/lamlaj.v6i1.185

Abstract

Legal protection of ethnic Uighurs in Xinjiang, China in the perspective of Human Rights and to find out and study the resolution of cases of gross international human rights violations against ethnic Uighurs in Xinjiang, China. Legal protection of ethnic Uighurs based on Article 3,4,5,9,10,11, Universal Declaration of Human Rights by providing protection in the form of protection of the right to life, rights to freedom, and the right to self-security, etc. which is regulated in international legal instruments. 2) gross human rights violations committed by the Xinjiang government, China are not justified by international law because they violate the provisions stipulated in the subsequent Universal Declaration of Human Rights for incidents of human rights violations, then the dispute resolution between the two parties is carried out by negotiation or mediation first first If this method is not effective, the UN Security Council can submit the case to an international court such as the International Criminal Court set out in article 1 of the 1998 Rome Statute.
Construction of Legal Education in College Education through Pancasila Education Ulfah, Nufikha; Safudin, Endrik; Hidayah, Yayuk
Lambung Mangkurat Law Journal Vol 6, No 1 (2021): March
Publisher : Program Magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat bekerjasama den

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/lamlaj.v6i1.199

Abstract

Legal awareness is a noble ideal when juxtaposed with the realization of smart and good citizens in Indonesia. This study aims to interpret, systematically identify efforts to build legal awareness in Higher Education. The research method used in this research is the Mixed Method. The data were obtained from a questionnaire given to 116 students from the non-law department and non-PPKn department at Ahmad Dahlan University, Yogyakarta. The results showed that 1) Building legal awareness through the substance of Pancasila Education material, 2) Student opinion about building legal awareness and law-abiding behavior was that 79% said it was enough, 12% was not optimal. 3) The relevance of Pancasila Education material with efforts to build legal awareness is Pancasila as an ethical system, Pancasila as a philosophical system, the practice of Pancasila, Pancasila as the state ideology, 4) Assessment in Pancasila education is through tests, observations, assignments and projects. 
Ruling due to Bankruptcy Assets Debtors Beyond Areas in Indonesia Syaifullah, Imam; Megantoro, Surya Sakti
Lambung Mangkurat Law Journal Vol 6, No 1 (2021): March
Publisher : Program Magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat bekerjasama den

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/lamlaj.v6i1.201

Abstract

The purpose of this study is to examine the consequences of bankruptcy decisions on debtor assets outside the territory of Indonesia and to see the extent to which the bankruptcy law provides protection to creditors from debtors whose assets are located outside the territory of Indonesia. This is Normative legal Research with a statutory approach, a conceptual approach and a comparative approach. The results and discussion concluded that the bankruptcy decision handed down by the Commercial Court in Indonesia could have an impact on the debtor’s assets outside the territory of Indonesia in accordance with Article 21 of the Bankruptcy Law. The issue of execution is hindered by the principle of territoriality from other countries. The bankruptcy law has not fully provided legal protection for creditors if the debtor has assets outside the territory of Indonesia, as a way for curators to carry out private selling. Indonesia should adopt the Uncitral Model Law on cross-border insolvency (1997) or enter into international agreements, either bilateral or multilateral.
Progressivism of Judges in Deciding Applications for Marriage Dispensation Pardede, Josua Navirio; Asih, Wigati Taberi; Siregar, Thogu Ahmad
Lambung Mangkurat Law Journal Vol 6, No 1 (2021): March
Publisher : Program Magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat bekerjasama den

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/lamlaj.v6i1.208

Abstract

Regulation on the age limit for a marriage through Act No. 16 of 2019 is based on the spirit of anti-discrimination and protection of children's rights from the adverse effects of child marriage. However, the efforts to complicate and prevent child marriage has yet to have a significant impact on reducing the rate of child marriage in Indonesia. This condition is occurred by the high level of applications for marriage dispensation that are granted by the court. Hence, the construction of the judge's reasoning in observe the relationship between the substance of the law and the reasons for proposing marriage dispensation is one of the most vital and influential elements. The positivism-legism legal reasoning used in understanding of Act No.16 of 2019 is considered to be the cause of the malfunction of the regulation in protecting and guaranteeing children's human rights. By using doctrinal legal research methods, this research produces a conceptual analysis in the form of a meta-juridical critique on positivist legal reasoning which tends to lead to the legism when trying to understand the objectives of Act No. 16 of 2019 and proposes a progressive legal notion as an ideal reasoning framework in producing decisions on applications for dispensation of marriage that have a perspective on the protection and guarantee of children's rights.
Equating Villa with Theft Offense"House" in Aggravated Setiawan, Peter Jeremiah; Nugraha, Xavier; Wibowo, Widyanti
Lambung Mangkurat Law Journal Vol 6, No 1 (2021): March
Publisher : Program Magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat bekerjasama den

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/lamlaj.v6i1.224

Abstract

One of the places that is often targeted by thieves is in a villa. In Article 363 paragraph (1) 3 of the Criminal Code, there is a regulation related to theft with a aggravating if the theft is carried out at night in a house or closed yard where the house is, but there is no provision that explicitly states that it is related to theft in a villa. Based on this background, the formulation of the objectives of this article is to understand: 1. What are the elements of the aggravated theft offense ? 2. Can a villa be conaidered with a "house" as an element of the aggravated  theft offense ? This research is a normative legal research with statutory, conceptual, and case approaches. Based on the analysis in this article, it can be understood that 1. The elements in the offense are the same as ordinary theft, but there are additional elements that are alternative. 2. The theft in a villa at night can be qualified for theft with a aggravating factor as stipulated in Article 363 paragraph (1) of the Criminal Code, on the basis of socio-historical interpretation and extensive interpretation
Revitalization of the Environmental Supervision Policy on Coordination and Commitment Based Coal Mining Listiyani, Nurul; Zulfikar, Rizka; Nopliardy, Rakhmat
Lambung Mangkurat Law Journal Vol 6, No 1 (2021): March
Publisher : Program Magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat bekerjasama den

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/lamlaj.v6i1.226

Abstract

This study was conducted to find a form of control policies on environmental management for mining of coal that regulate the coordination between stakeholders, authorities and the object of supervision, as well as a commitment to an active role between the government, business actors and the community in monitoring environmental management. The approach method in this research is socio-juridical, with qualitative and quantitative analysis methods. The results showed that both from the regulatory and implementation aspects, the coordination of the implementation of supervision had not been regulated and implemented optimally, so that it did not support the realization of an integrated environmental management supervision based on the principle of integration. Based on this, it is necessary to establish a legal system for environmental management in the form of regional regulations which contain an integrated supervisory system with a shared commitment between the leading sector
Legality of Construction Working Contracts as an Formil Agreement Rahmawati, Diana; Zakiyah, Zakiyah; Arsyad, Muhammad
Lambung Mangkurat Law Journal Vol 6, No 1 (2021): March
Publisher : Program Magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat bekerjasama den

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/lamlaj.v6i1.234

Abstract

The purpose of this study is to determine the form of construction work contracts and the legal consequences of construction work contracts that are not in accordance with the provisions of statutory regulations in the field of construction services. The legal research method used is normative legal research, which is a study of the prevailing laws and regulations which are particularly related to construction service contracts. This type of research is legal obscurity. A construction work contract is a type of formal agreement in which Law Number 2 of 2017 concerning Construction Services and its implementing regulations determines the procedures and conditions before the contract is made, including the form and content of the construction work contract, by determining the standard at a minimum, the contents of a construction service work contract that must be included in the construction work agreement by the parties. Since the construction work contract is a contract with mandatory conditions, the construction work contract is a formal agreement. This is if the construction work contract is made without paying attention to the provisions of laws and regulations in the field of construction services, both regarding the qualification requirements of a construction service provider, the procedure for selecting a service provider and the form and content of the construction service contract that has been determined by the law. As a juridical consequence, if the formal conditions are not fulfilled in a contract concerned, it is not legally enforceable or in other words it is a null and void contract (nietig, null and void).
Measuring Indonesia's Commitment to Reducing Plastic Waste in the Sea Through A Legal Approach Tarigan, Muhammad Insan
Lambung Mangkurat Law Journal Vol 6, No 1 (2021): March
Publisher : Program Magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat bekerjasama den

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/lamlaj.v6i1.242

Abstract

Indonesia is the second-largest producer of plastic pollution in the world after China. Based on the data in 2018, there were about 1.29 million tonnes plastic waste end up in the ocean per annum. With that regard, Indonesia needs to be responsible for the negligence in doing the international obligation to prevent, reduce, and manage the pollution that affect marine environment. The purpose of this research is to observe Indonesia’s commitment in reducing plastic pollution on marine environment by doing some legal approach. Therefore, this research conducted by normative juridical and using descriptive analysis. Data analysis that obtained is done through literature study. The conclusion of this research is that the commitment of Indonesian Government on preventing plastic waste in marine environment relatively needs to be improved. There are some of regulations which already targeted that has not established yet by Indonesian Government.
Strengthening Community Participation in Prevention of Corruption through the Regulation Integrated Participative Correctional Institutions Nansi, Wencislaus Sirjon
Lambung Mangkurat Law Journal Vol 6, No 1 (2021): March
Publisher : Program Magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat bekerjasama den

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/lamlaj.v6i1.245

Abstract

The Article Entitled "Strengthening Public Participation in the Prevention of Corruption through the Regulation of Integrative Participative Institutions" is a normative study that wants to analyze the importance of the role of public participation in controlling the policies of prisons in Indonesia in order to minimize corrupt practices in prisons. The results of the authors' study found that there are obstacles in optimizing the role of public participation in efforts to prevent corruption in prisons, that correctional regulations do not strictly and in detail about community participation. Therefore, the solution offered in this paper is that the government or legislators immediately create regulations that accommodate public participation in controlling correctional policies in Indonesia through participatory correctional regulations. So that this can become a legal basis that provides legal certainty for the public to participate in preventing corruption in prisons

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