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All Journal Mimbar Keadilan Awang Long Law Review Unes Law Review Jurnal Ilmiah Raad Kertha Al-Muamalat: Jurnal Hukum dan Ekonomi Syari'ah Fundamental : Jurnal Ilmiah Hukum SANGAJI: Jurnal Pemikiran Syariah dan Hukum Bulletin of Community Engagement Jurnal Kolaboratif Sains IBLAM Law Review Jurnal Hukum Sehasen Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Al-Zayn: Jurnal Ilmu Sosial & Hukum SEWAGATI: Jurnal Pengabdian Kepada Masyarakat Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga Asian Journal of Social and Humanities Fundamental : Jurnal Ilmiah Hukum
Hajairin
Universitas Muhammadiyah Bima
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Journal : awang long law review

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VILLAGE GOVERNMENT LEGAL POLICIES IN INFORMATION TECHNOLOGY-BASED PUBLIC SERVICES Gufran; Aman Ma'arij; Hajairin
Awang Long Law Review Vol 5 No 2 (2023): 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.v5i2.757

Abstract

The legal policy of the village government in information technology-based public services, in general, is currently not running optimally. Even though technological developments must be utilized by all elements of society including the village government, several programs can be carried out include such as E-Village, village fund information, village websites, and being able to develop applications that can be used to provide public services to village communities and so on. The research aims to find out whether information technology-based integrated criminal justice system policies can become an instrument for eradicating corruption. The research method used is normative legal research with statutory approaches, theoretical approaches, and comparative and conceptual approaches. The findings in this study are that first, the village government law as stipulated in Law Number 6 of 2014 concerning Villages, cannot be fully explained by village officials, including utilizing technological advances in maximizing public services for the community, so that the community gets information and services that are easy. Second, developing an internet-based rural information network by building village websites with the desa.id domain, encouraging technology-independent villages, improving public services with the village partner application, and managing resources based on village profiles with resource surveys and geospatial data with the village granary application. see mitra.or.id) and build villages with interconnected systems and regulations that support villages to take development initiatives.
PUBLIC POLICY OF SOCIAL SECURITY DUE TO COVID 19 LEGAL JUSTICE PERSPECTIVE Ridwan; Hajairin; Aman Ma’arij; Gufran
Awang Long Law Review Vol. 4 No. 2 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (856.91 KB) | DOI: 10.56301/awl.v4i2.387

Abstract

Various social security policies due to the impact of the covid 19 pandemic are carried out as an effort to move the national economy and strengthen people's purchasing power, the restoration of education so that it can be better. The purpose of this study is to find out the policy of social security during the pandemic covid 19 perspective the foundation of legal justice theory. Research methods, using the type of normative legal research with the first approach of legislation (statute approach), second historical approach (historical approach), third conceptual approach (conceptual approach), and Fourth analytical approach (Analytical Approach). While the types and data sources used can be used in two, namely primary legal materials and secondary legal materials focusing on Public Policy of Social Security During the Covid 19 Pandemic Perspective of Legal Justice Theory. The findings in the study showed that various social security policies during the covid 19 pandemic. First Family Hope Program (PKH), Sembako Program Assistance (BPS), Cash Direct Assistance, Cash Social Assistance (BST), Pre-employment Card, BLT small micro-businesses, BLT Village Fund, Productive Banpres for MSME Working Capital, Employee Salary Subsidy, and electricity discount by providing electricity tariff incentives for customers affected by the Covid-19 pandemic, UKT Assistance, internet package assistance for students and students, BSU Lecturer, Pulsa ASN and Kouta are free, as well as other social protection programs. The two foundations of the theory of legal justice to social security policy due to the covid 19 pandemic show that policies in the aspects of education, business groups, communities, and employee salary subsidies, are still considered unable to embrace all elements, although using the distributive justice theory approach, let alone using affirmative justice theory that looks at equality in getting help due to covid 19.
LEGAL POSITIVISM: A COMPARATIVE STUDY OF MODERNITY IN THE INDONESIAN CRIMINAL JUSTICE SYSTEM Sulaiman; Syaifuddin; Syamsuddin; Hajairin
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.v8i1.1672

Abstract

In practice and reality, legal positivism tends to be detrimental to justice seekers, legal positivism is formal and can only realize justice procedurally. This study uses normative legal research to inventory positive law, find legal principles and doctrines, with several approaches, the first is the Legislative Approach, Second, the conceptual approach is carried out by examining concepts, theories and opinions of experts that are related to the object being studied. Third, the comparative approach is a way of comparing to understand the law. The results of the study show that the law itself is always viewed as written law (law as it written in the books) in the text of legislation or law is law (law is law) only, even though the law itself should also be seen from the facts that occur in the field, for example those processed in court hearings. However, in positive law, the police, prosecutors and judges or other formal legal institutions cannot be blamed because they only fulfill and implement the formulation of the law which does not provide an opportunity for law enforcement officers to act according to their conscience. Even though judges are given freedom according to their conscience, if faced with complete evidence, there is no reason for the judge not to decide the case. Therefore, in the author's opinion, legal positivism is seen as unable to realize substantively just law for justice seekers but is only able to realize formal legal certainty and procedural justice in the implementation of the criminal justice system.
THE CONSTRUCTION OF THE DECIDENDI RATIO AND THE SIGNIFICANCE OF DISSENTING OPINION IN THE INDONESIAN CONSTITUTIONAL JUDICIAL SYSTEM Sulaiman; Firmanto, Taufik; Hajairin
Awang Long Law Review Vol. 8 No. 3 (2026): 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.v8i3.2053

Abstract

This study examines the construction of the ratio decidendi and the significance of the dissenting opinion in the Constitutional Court Decision Number 15/PUU-XXIII/2025 which states that the prosecutor's immunity rights as regulated in Article 8 paragraph (5) of Law Number 11 of 2021 concerning the Prosecutor's Office of the Republic of Indonesia are conditionally unconstitutional. Through a juridical-normative approach with the decision analysis method, this study aims to describe the legal arguments that form the basis of the majority decision and analyze the contribution of the dissenting opinion delivered by Constitutional Justices Arief Hidayat and M. Guntur Hamzah in enriching the discourse of constitutional law. The results of the study indicate that the ratio decidendi of this decision is built on the basis of the principle of equality before the law as guaranteed by Article 27 paragraph (1) and Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia, which emphasizes that legal protection for prosecutors must not be transformed into absolute immunity. The Court constructed a conditional constitutional interpretation by providing exceptions in cases of red-handed arrest, sufficient preliminary evidence, or specific criminal offenses. Meanwhile, the dissenting opinion offered an alternative perspective, viewing the provision as a functional protection mechanism for prosecutors in carrying out their duties and authorities and as part of strengthening the principle of checks and balances in the judicial system. This study concludes that the dissenting opinion has strategic significance as a living document that can serve as a reference for future legal developments, while also demonstrating the deliberative dynamics in the Constitutional Court's decision-making as the guardian of the constitution.
Co-Authors Abbas Agus Awaluddin Aman Ma'arij Aman Ma’arij Aman Ma’arij Apriliani Rahmalillah Atika, Sri Chairul Fatihin Chandra, Tofik Yanuar Dediansyah Dzul Fadli Firmanto, Taufik Gufran Gufran Gufran Sanusi Gufran Sanusi Hadijah Hendra Purwanto Hendra Purwanto Ihlas, Ihlas Ika Ernawati, Atis ILHAM Ilham Ilham Jairin Abdullah Jumhuriah, Erlauli Kandriana, Muhammad Kasmar Kasmar, Kasmar Ma'arij, Aman Mahisa Mareati Mardiah, Radiatam Maria Alberta Liza Quintarti Mery Rohana Lisbeth Sibarani Miftahuddin Miftahuddin Muchamad Taufiq Muhamad Ajrin Muhammad Awaluddin, Muhammad Muhammad Mustofa Muhammad Wildan MUSLIMIN Musmuliadin Ndapa, Damianus Wanda Novita Sari Nur Mutmainnah Nuryani Puspita, Nuris Ramadhan, Sahrul Ramli Ridwan Rusdin Sanusi, Gufran Sarbini, Ilyas Subhan Suherman Sukirman Sukirman Sulaiman Syahrul Syaifuddin Syamsuddin Syamsuddin Syamsuddin Tofik Yanuar Chandra Tofik Yanuar Chandra Yanuar Chandra, Tofik