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All Journal Awang Long Law Review Jurnal Pengabdian Kepada Masyarakat Patikala LEGALITAS : Jurnal Ilmiah Ilmu Hukum
Asyari, Fatimah
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Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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Journal : Awang Long Law Review

 1 
ANALYSIS OF BREACH OF CONTRACT IN SHOPHOUSE LEASE AGREEMENTS IN THE COMMERCIAL DISTRICT Putri, Deviana; Asyari, Fatimah; Farahwati; Pasaribu, Benhard Kurniawan
Awang Long Law Review Vol. 8 No. 1 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i1.1829

Abstract

This study aims to analyze the forms of default that occur in shop house lease agreements in the commercial area of Samarinda City and to examine the mechanisms for resolving them. The background of this study is based on the fact that the commercial area in Samarinda is growing rapidly, making shop rental practices an important necessity for economic activities. However, on the other hand, these practices are prone to disputes due to the failure of one party to fulfill their obligations. This study uses an empirical method, where data is obtained through interviews and the distribution of questionnaires to 25 respondents (shop owners and tenants), as well as case documentation at the Samarinda District Court. The results of the study show that the most dominant form of default is late payment of rent, experienced by 62% of shop owners, followed by misuse of shop functions at 18%, and unilateral termination of contracts at 12%. In terms of dispute resolution, 70% of cases were resolved non-judicially through deliberation and mediation, while 30% resolved through litigation in court. The study also found that most lease agreements were made without the involvement of a notary or legal advisor, so that the clauses of the agreement tended to be simple and legally weak. Thus, this study concludes that default in shop lease agreements in Samarinda City is a real and recurring problem, but it can still be minimized through stronger agreements, the involvement of notaries, and increased legal awareness among the parties. This study is expected to contribute to the development of civil law, particularly in the practice of lease agreements in commercial areas.
JURIDICAL REVIEW ON THE PROTECTION OF INHERITANCE RIGHTS OF ILLEGITTIMATE CHILDREN FROM THEIR BIOLOGICAL PARENTS IN INDONESIA Resty, Ariska Jumai; Asyari, Fatimah; Farahwati; Rokhim, Abdul
Awang Long Law Review Vol. 8 No. 1 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i1.1832

Abstract

The objective of this research is to conduct a juridical examination of the protection of inheritance rights for nonmarital children from their biological father mother under Indonesian law. Nonmarital children have historically faced legal challenges concerning The acknowledgment of the civil status bond between the child and the biological father, which directly impacts their succession rights. This study analyzes provisions of positive law in Indonesia, particularly those regulated under Law No. 1 of 1974 on Marriage, the Compilation of Islamic Law (KHI), the Civil Code and Constitutional Court Decision No. 46/PUU-VIII/2010, which opens avenues for acknowledging the biological relationship between a nonmarital child and their father through evidentiary means such as DNA testing. Additionally, this study discusses the role of gifts (hibah) and obligatory bequests (wasiat wajibah) as alternative legal instruments to safeguard the inheritance status of children resulting from valid marital relationships, particularly within the context of positive law. The findings of this analysis indicate that, although the KHI imposes limitations on sharia lineage, the Constitutional Court decision provides legal certainty and constitutional protection for children born outside official marital bonds to claim Rights to inheritance derived from their natural parents. However, the implementation of this protection continues to encounter technical and cultural obstacles, necessitating further regulatory adjustments and public socialization. This research recommends regulatory adaptations and enhanced access to biological evidence to strengthen the safeguards for the inheritance rights of nonmarital children in Indonesia.
POSITION OF LAND EXAMINATION BY JUDGES IN ADMINISTRATIVE COURTS OVER LAND CERTIFICATE DISPUTES Harahap, Hasanul Raya; Isnawati; Asyari, Fatimah; Putri, Dina Paramitha Hefni
Awang Long Law Review Vol. 8 No. 1 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i1.1867

Abstract

Land certificate disputes are a frequent legal issue in Indonesia, in line with the increasing demand for land, its high economic value, and the position of certificates as legal evidence of ownership rights and the object of state administrative decisions. Various problems such as overlapping certificates, administrative errors, and overlapping authority between the State Administrative Court (PTUN) and the District Court, often give rise to legal uncertainty and have implications for social unrest in society. Therefore, this study focuses on a juridical-normative analysis of the role and authority of PTUN judges in examining and deciding cases related to land certificate disputes. The results show that PTUN judges play a strategic role as testers of the legality of land administration decisions, guarantors of legal certainty, and protectors of community rights through judicial oversight mechanisms. On-site inspections by judges are crucial as an effort to objectify field facts and enforce the principle of legality. This study emphasizes the need for regulatory synergy and increased integrity of the land bureaucracy so that legal protection and substantive justice for land rights are truly realized.
NORMATIVE ANALYSIS OF LAND CONTROL FOR THE DEVELOPMENT OF THE ARCHIPELAGO'S CAPITAL Tsabira, Pinkan Nazhwa Izza; Asyari, Fatimah; Farahwati; Kamaludin
Awang Long Law Review Vol. 8 No. 1 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i1.1869

Abstract

Transfer The National Capital (IKN) from Jakarta to East Kalimantan is milestone big one that carries implications wide to order space, politics agrarian, as well as mastery land in scale massive. Study This analyze in a way normative policy IKN land based on Constitution Number 3 of 2022 in conjunction with Law No. 21 of 2023, Regulation President, and regulation implementer other. Focus study directed on authority IKN Authority (OIKN) in management land, scheme giving right term long (HGU 190 years, HGB up to 160 years), and problem normative consequences​ related certainty, justice, and protection right public local. Findings study show that even though regime law IKN land is designed as lex specialist for support acceleration development, practice procurement land Still leaving overlapping problems overlap claim between country, society customs (ulayat), and used ownership kingdom (sultan grond), accompanied limited protection law to public affected. With use Theory Rawls's justice, function social land, and draft right customary law, research This emphasize that policy IKN land must ensure distribution benefit Andjustice substantive, in particular for group prone to. Recommendation main covering acceleration harmonization regulations national-regional-customary, review repeat scheme right land term length, reinforcement protection right customary law, as well as implementation mechanism participatory and transparent in every Stages mastery land. With However, IKN development is not only oriented on investment and infrastructure, however Also in harmony with Principle justice agrarian and mandate constitution.
Co-Authors Abdul Rokhim Alida, Dewi Noor Benhard Kurniawan Pasaribu Benhard Kurniawan Pasaribu Farahwati Harahap, Hasanul Raya ISNAWATI Iwan Iwan K Pasaribu, Benhard Kamaludin Maisyarah Maisyarah Maisyarah Mirza, Muhammad Oktaviani, Mawar Putri Putri, Deviana Putri, Dina Paramitha Hefni Resty, Ariska Jumai Slamet, Amin Syukri, Wildan Tsabira, Pinkan Nazhwa Izza