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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 2 (2021): September" : 9 Documents clear
Payment of Money in Lieu of the Crime of Corruption in the Recovery of Assets Helmi, Helmi
Lambung Mangkurat Law Journal Vol 6, No 2 (2021): September
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/lamlaj.v6i2.221

Abstract

In terms of sanctions, the Law on the Eradication of Criminal Acts of Corruption adheres to a double track system, in the sense that in addition to criminal sanctions, it also contains civil sanctions, namely additional penalties in the form of payment of replacement money. So that the law enforcement of corruption in addition to being oriented to “follow the suspect” and “follow the money”, to recover state financial losses. The purpose of this research is to analyze the criminal urgency of paying replacement money in corruption crimes and to analyze the criteria for corruption crimes that can be imposed with additional criminal sanctions. This legal research is a prescriptive normative legal research, with a law approach and a concept approach, using primary and secondary legal materials. The results of this study, (a). The urgency of imposing a penalty for paying compensation is to recover state financial losses from corruption, in which case corruption involving state finances is an act that robs the community of socio-economic rights as stated in the 1945 Constitution, and the penalty for replacement money that has been paid by the convict can be used to “promote the general welfare”. (b). The criteria for imposing a substitute money penalty are: (1). the criminal act of corruption committed by the defendant has caused state financial losses; (2). The defendant has obtained property from the act of corruption he has committed; and (3). The defendant has not returned the state financial loss in the amount of the property he has obtained.
Commercial Business Dispute Settlement Through Online Non-Litigation Dispute Settlement in Indonesia Rifdah, Ayudia Nur; Zulaeha, Mulyani; Qamariyanti, Yulia
Lambung Mangkurat Law Journal Vol 6, No 2 (2021): September
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/lamlaj.v6i2.247

Abstract

The purpose of the research entitled Settlement of Commercial Business Disputes through Online Non-Litigation Dispute Resolution in Indonesia is to analyze the mechanism for resolving commercial business disputes through non-litigation in the form of ODR in Indonesia and its legal consequences. The research method is in the form of normative legal research, which is a method that uses statutory regulations, which are then analyzed and drawn conclusions from general matters into a specific conclusion. The results of the research obtained are, First: that the legal basis that contains and states implicitly regarding matters relating to ODR is contained in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, namely, the contents of the legal regulations also do not provide much clarity. Details on how the conditions for ODR are carried out, the ODR mechanism, and other explanations. Second, the Inconsistency Norm that occurs in regulations relating to dispute resolution through non-litigation ODR, namely between several articles in the AAPS Law, there is a discrepancy or contradiction between the rules or articles that apply, so that the legal rules become vague and unclear. Where according to several articles of the AAPS Law it is stated that the Arbitration dispute resolution process must be written, while according to other articles of the AAPS Law it can be online. There is a legal ambiguity in the non-litigation dispute resolution mechanism through ODR, so that the parties feel that there are no clear directions or instructions in resolving cases, this makes the process of non-litigation dispute resolution mechanisms through ODR not well directed, due to disharmony or inconsistency the rule of law, so that the rule of law becomes vague, vague and unclear. The solution to these legal issues is that the government should make legal regulations that specifically regulate ODR or revise Law Number 30 of 1999 and add articles related to ODR. To the Government to provide websites and institutions that can specifically handle non-litigation dispute resolution through ODR to handle commercial business dispute resolution.
The Consequence of the Legal Application of Forest Area Defense Principles and Approval Principles Anggriheny, Berliane Rezty; Nababan, Regina Yusticia
Lambung Mangkurat Law Journal Vol 6, No 2 (2021): September
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/lamlaj.v6i2.256

Abstract

Law Number 11 of 2020 concerning Job Creation is believed to be able to save Indonesia because it is considered to be able to create jobs, assist small business actors, streamline regulations in terms of numbers and simplify regulations to make them more targeted. On the other hand, the job creation law is considered to be detrimental to many groups, such as workers such as laborers, fishermen, and farmers who are also considered to only provide benefits to entrepreneurs. Law Number 11 of 2020 with new rules and amendments to Article 18 and Article 19 of Law Number 41 of 1999 concerning Forestry. In Law Number 41 of 1999 concerning Forestry, it is regulated that changes in the allocation and function of forest areas are determined by the Government based on the results of integrated research. Second, the area offorest that must be maintained is at least 30% (percent) of the area of river watersheds and/or islands with a proportional distribution. However, in the Job Creation Law the minimum figure of 30% (thirty percent) is no longer mentioned in the amendment article and the abolition of provisions related to the DPR’s authority in giving approval for the transfer of functions/changes in forest areas. This paper aims to find out the principles that have been violated and the legal consequences of applying the article. The research method used in this research is the type of normative legal research. The results of this study indicate that there are deviations from the land principle and the principle of consent which can cause the norms contained in Article 18 paragraph (2) and Article 19 paragraph (2) of Law Number 11 of 2020 to be less enforceable. The abolition of the minimum area of forest area and the abolition of the DPR’s authority to approve the transfer of functions/changes to forest areas, will have the potential to provide greater opportunities for deforestation.
Comparison of the Concept of Command Responsibility in Human Rights Court Provisions Wahid, Achmad Suhadak Abdul Rahman; Rachman, Muhammad Iqbal; Gusthomi, Moh Imam
Lambung Mangkurat Law Journal Vol 6, No 2 (2021): September
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/lamlaj.v6i2.259

Abstract

The new spirit of human rights enforcement in Indonesia through the ratification of Law no. 26 of 2000 became the main pillar to accommodate issues that attracted international attention. Law No. 26 of 2000 has shown the importance of regulating human rights enforcement, the regulation is also the main instrument to protect and guarantee human rights enforcement mechanisms in Indonesia. The author takes a legal problem on the comparative law of Law no. 26 of 2000 concerning the Human Rights Court which was adopted from the provisions of the 1998 Rome Statute. Several human rights activists took action, this was because the 1998 Rome Statute provisions were adopted imperfectly in article 42 of Law no. 26 of 2000 which caused problems in the enforcement of the Human Rights Court. Some of the perpetrators of gross human rights violations in Indonesia are generally parties with power or position, who can escape the applicable legal sanctions and are free from responsibility for the actions that have been committed by them or their groups. So it is important for the development of human rights in Indonesia to improve the norms of command responsibility in Article 42 of Law no. 26 of 2000. Based on these issues, the author will integrate several comparative laws and principles to get a concrete solution. The purpose of this research is to build a legal framework to strengthen the enforcement of Indonesian human rights. The methodology that will be used is a normative method with a conceptual approach. The findings of this study reveal that several human rights violations by the Command in Indonesia have not yet been resolved properly and have attracted international attention. In theoretical studies, the existence of the principle of command responsibility is considered difficult to prove in court. The involvement of human rights violators by the TNI command in several cases is evidence that the implementation of the command responsibility mechanism in human rights violations is far from being expected.
Legal Protection of Domestic Workers from A National Law Perspective Syahyu, Yulianto
Lambung Mangkurat Law Journal Vol 6, No 2 (2021): September
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/lamlaj.v6i2.260

Abstract

The regulation number 13 of 2003 concerning Labour (Labour Law) has regulated the basic principles for the creation of productive, harmonious and just working conditions. However, the law does not substantively regulate domestic workers. We use the normative research with a statute approach. The presence of Minister of Labour Regulation Number 2 of 2015 concerning Protection of Domestic Workers which is expected to reach things that are not regulated in the labour law is in fact far from what was expected. Domestic workers can’t hope for this ministerial regulation because there are differences between the rights of workers in the labour law and the rights of domestic workers in the Minister of Manpower Regulation Nomor 2 of 2015 which can be said to be discriminatory. Domestic workers are categorized into the scope of the informal sector causing limited rights that can be obtained.
Dynamics of Sharia Cooperative Regulation in Indonesia Aufa, Muhammad Fikri; Hernowo, Wempy Setyabudi; Musjtari, Dewi Nurul
Lambung Mangkurat Law Journal Vol 6, No 2 (2021): September
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.v6i2.261

Abstract

The development of Sharia Cooperatives in Indonesia has experienced a significant increase. Islamic cooperatives are one of the alternatives for some members who will build cooperatives based on several sharia principles. The establishment of sharia cooperatives has encountered conflicts, which are not only in Law Number 25 of 1992 on Cooperatives but are also regulated in Law Number 1 of 2013 concerning Micro Financial Institutions. The formulation of the problem of this research is to find legal clarity in the registration and establishment of a sharia cooperative legal body. The research system used in reviewing the registration and establishment of the legal body of Islamic cooperatives uses normative legal research, which is called library research. From the results of this research, the establishment of a sharia cooperative legal body still refers to Law Number 25 of 1992 concerning Cooperatives as replaced by Law Number 11 of 2020 concerning Job Creation. This is because the Microfinance Institution Law only states that the cooperative is a form of MFI legal entity and does not control in detail the cooperative. This system uses statutory provisions as special legal material and is supported by secondary legal materials in the form of books and journal articles.
Anti-Tipping off Perspective to Target Company Bank's Suspicious Transaction Report in Merger Activity Yanuar, Muh. Afdal
Lambung Mangkurat Law Journal Vol 6, No 2 (2021): September
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.v6i2.266

Abstract

The purpose of this study is, to explain the legal concept and regulation of anti-tipping off in the banking sector, and to explore about the position of the Suspicious Transaction Report belonging to the target company bank in the merger activity based on anti-tipping off provisions. This is Normative legal Research with a statutory approach, a conceptual approach and a comparative approach. The background of the problem in this paper is, there is no strong legitimacy about definition and limitation of the meaning of the phrase ‘other parties’ in article 12 paragraph (1) Anti Money Laundering Law, which regulate about anti tipping off, wether the absorbing company bank is the 'other parties' of target company bank on the merger activity or not, when target company bank delivered it suspicious transaction reports to absorbing company bank prior to the merger. The results and discussion concluded that Anti-tipping off is a provision that prohibits tipping off. Tipping off itself is an action by a senior officer or Management or Employee of the Reporting Party (inter alia, Bank) to disclose facts related to a Suspicious Transaction Report that has been reported to Financial Intelligence Unit (in casu, PPATK). This is concrete and manifested in the provisions of Article 12 paragraph (1) of the Anti Money Laundering Law. Besides that, Viewed from the anti-tipping off perspective, all the rights owned by the target company Bank prior to the merger, ex officio, become the rights of the absorbing company, since the target company Bank legally merges into a part of the absorbing company. Based on that, it can be concluded that with respect to merger activities, the absorbing company banks are not ‘other Parties’ from the target company Bank. 
Bureaucratic Arrangement in the Government Administration Process Towards the Concept of Public Service Based on Good Governance N, Arifuddin
Lambung Mangkurat Law Journal Vol 6, No 2 (2021): September
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.v6i2.271

Abstract

The bureaucracy arrangement in the government administration process studied in this research is how the role of the bureaucracy in the government administration process and the factors that influence the bureaucracy in the government administration process. This research is an empirical juridical legal research, by looking directly at the legal behavior of bureaucratic officials. Legal materials obtained regarding the structuring of government administration processes in Maros Regency are analyzed to find solutions to the problems faced. The results showed that the bureaucratic arrangement in the government administration process in Maros Regency, can be seen from the administrative management process by looking at the level of ease of service procedures, speed in service, low costs charged to the people, professionalism of officials in providing services. That the Maros Regency government in realizing the governance administration process has been running even though it is still not optimal. This is because there are still irregularities that occur in terms of public services to the community, although this is still in the stage of reforming towards excellent service standards. The influencing factor in the implementation of the bureaucracy in the implementation of public services in Maros Regency in serving the community is the availability of sufficient budget to support the operational implementation of public services. And the inhibiting factor is the service procedure factor, in addition to the lack of facilities and infrastructure
The Protection of Adaptation Rights to E-Novels Infringed by the Website in Perspective of Copyright Law Dwisvimiar, Inge; Ghanny, Andhima Abdul
Lambung Mangkurat Law Journal Vol 6, No 2 (2021): September
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.v6i2.273

Abstract

Technological development causes infringement to e-book copyright especially e-novel by copying and distributing it without rights for example that is loaded on the website. In line with that, this study aims at explaining and analyzing the protection of adaptation rights for infringement in the form of e-novels by the website in the perspective of copyright law; and explaining and analyzing the legal consequences of the use of the e-novels by the website on the adaptation rights of the creator. This research uses normative juridical research with the approach to applying the laws of UUHC and the case approach in the form of the infringement of the e-novels on the website in www.corongbaca.com. The primary data taken from interview and the secondary data obtained from library studies. The data analyzed qualitatively and descriptively. The result of the study indicates that protection of the creator's adaptation rights from infringement of e-novels by the website in this case has not been realized because the creator who made the e-novel does not get benefit from the adaptation rights of the novel, namely royalties that are distributed based on an agreement with the website then regarding the legal consequences of using e-novels by websites on the author's adaptation rights, there are two consequences that have been carried out, namely: deletion of website content from www.corongbaca.com, and complaints to the Directorate General of Intellectual Property (DGIP), but there has been no follow up on the complaint. As for claims for compensation and criminal charges, the parties did not do so.

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