Lambung Mangkurat Law Journal

Policy Guarantee Program Expanding Deposit Insurance Corporation Mandate under Financial Sector Regulatory Framework

2026-04-06T01:56:33+00:00

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

2026-05-05T21:13:57+00:00

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.

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

2026-04-06T03:14:39+00:00

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.

Personal and Company Criminal Liability for Distributing Unlicensed Cosmetics and Its Application in Indonesian Court Rulings

2026-07-12T13:59:16+00:00

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.

Fiscal Discretion and Citizens’ Burden: Tax Proportionality under Non-Emergency Economic Pressure

2026-06-13T04:46:31+00:00

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.

Risk-Based Diversion and Risk-Informed Disposition for Children with Psychopathic Traits in Indonesian Sexual-Violence Cases

2026-04-06T12:33:56+00:00

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.

The Rohingya Crisis and the Future of Arakan: Reassessing Self-Determination in International Law

2026-07-09T05:59:50+00:00

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

Female Apostasy and Marital Status in Indonesian Marriage Law: Comparing Wahbah az-Zuhaili and Abdullahi Ahmed An-Na’im

2026-08-15T16:06:18+00:00

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 Authority of the Police and SUPELTAS in Directing Traffic at Unsignalized Intersections

2026-06-02T03:47:36+00:00

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.

Annulment of Indonesian Arbitration Award: Misinterpretation of Article 70, Supreme Court Correction, and Inconsistency of SEMA 7/2012

2026-07-21T09:12:48+00:00

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.

Application of the Principle of Balance in Non-Competition Clauses in Indonesia Based on German Law

2026-04-26T06:29:25+00:00

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.

An Administrative Sanction Enforcement Model for Spatial Justice: The Maj Apartment Dago and Bankruptcy Law

2026-04-03T22:30:11+00:00

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.

Legal Protection of Consumers against Exoneration Clauses in Indonesian Bus Travel Tickets

2026-08-26T15:52:01+00:00

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.