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All Journal Awang Long Law Review Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Pembelajaran Pemberdayaan Masyarakat (JP2M) Jurnal Ilmiah Spectral International Journal of Educational Research Excellence (IJERE) Jurnal Alfa: Pendidikan, Penelitian, dan Bahasa PAKAT: Jurnal Pengabdian Kepada Masyarakat
Khairunnisah
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Arts Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Awang Long Law Review

 1 
CIVIL LAW ASPECTS IN THE MAKING OF A POWER OF ATTORNEY TO SELL IN THE PROCESS OF TRANSFERRING LAND RIGHTS Kristanto, Yosua Yonathan; Khairunnisah; Pasaribu, Benhard Kurniawan
Awang Long Law Review Vol. 7 No. 2 (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.v7i2.1502

Abstract

In order to overcome these obstacles, it is necessary to help other individuals resolve them, which then gave rise to the concept of representation, where a person acts on behalf of other individuals when resolving their interests. This is known as power of attorney, which is regulated in Article 1792 of the Civil Code. Power of attorney itself is an agreement that requires authority in taking action. This research relied on a variety of library sources, i.e. references that contain the latest scientific information or updated understanding of known facts or developing ideas. These sources include books, journals, dissertations, theses and other legal documents. The research findings show that abuse of power of attorney, especially when the action taken is not in accordance with the power of attorney granted, can have various legal consequences. Actions that exceed the limits of the power of attorney risk being null and void or at least not binding on the authorizing party, in accordance with the provisions of Article 1804 of the Civil Code which states that actions outside the power of attorney do not create rights and obligations for the authorizer. The liability of the proxy itself relates to two important aspects: freedom of contract and statutory provisions. Although they have different meanings, there are exceptions to the freedom of contract principle that allow the making of agreements as long as they are not contrary to applicable law.
LAW ENFORCEMENT AGAINST FOREIGN NATIONALS WHO EXCEED THE PERIOD OF STAY PERMIT IN INDONESIA Hermawan, Ade; Sukindar; Khairunnisah
Awang Long Law Review Vol. 7 No. 2 (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.v7i2.1503

Abstract

Immigration problems are issues that cannot be ignored. The arrival of foreign nationals to Indonesia has an important role in supporting national development, as it can provide various benefits and advantages for the country. The mobility of foreigners in and out of Indonesia contributes to the increase of foreign exchange, especially in increasing regional income to support development and increase the amount of foreign currency deposits. This research focuses on the problems that arise when foreign nationals exceed the limit of their stay in Indonesia. This research utilizes the Empirical Juridical method with a juridical analysis approach in empirical legal studies. This approach views law as an inseparable part of human life. Law is not only considered as something abstract, but also understood through individual behavior and social dynamics in society. The study of social behavior in this context is directed at verifying the validity of the applicable law based on the empirical data obtained. Based on the research results, administrative action in immigration is closely related to selective policy as stipulated in the explanation section of Law No. 6/2011 on Immigration. Although legal provisions have regulated this, there are still cases of foreign nationals misusing their residence permits. One example of a case currently being handled by the Office of IMMIGRATION CLASS I TPI SAMARINDA shows that violations of residence permits are not criminally prosecuted, but are only subject to administrative sanctions in the form of deportation, as stipulated in Article 75 paragraph (2) letter f of Law Number 6 of 2011 concerning Immigration.
JURIDICAL REVIEW OF COPYRIGHT INFRINGEMENT IN BOOK CIRCULATION THROUGH E-COMMERCE PLATFORMS Hardiyanti, Vivi; Syahriar, Irman; Khairunnisah
Awang Long Law Review Vol. 7 No. 2 (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.v7i2.1510

Abstract

People often copy and duplicate literature since it has gotten ingrained in their minds and they don't consider the inadequacies of others. Individual copyright protection is almost nonexistent in Indonesia. Traditionally, everything created by the community is referred to as common property. The requirement for legal protection becomes apparent after the work's economic worth is established. The traditional perspective is that copyright's benefits outweigh its costs. The method used in this study relies on library resources, namely those that provide new or current scientific information or fresh perspectives on established facts or concepts. In this instance, these resources include books, journals, dissertations, theses, and other legal papers. Both primary and secondary legal sources are thoroughly used in this normative legal study. In Indonesia, copyright violations on e-commerce sites are still seen as ineffectual. Practice on the ground demonstrates that numerous copyright infringements, such as the selling of pirated books, are nevertheless widespread even though the UUHC provide a legal foundation for combating infringement. This is caused by a number of things, such as a lack of government control and e-commerce platforms' incapacity to efficiently monitor and eliminate material that violates copyright. The prior legislation was improved upon with the enactment of the UUHC (Copyright Act) of 2014. Better protection for artists and their works is undoubtedly the goal of this change. The need for more protection and legal clarity for authors, copyright holders, and owners of associated rights is heightened by the rapid advancements in science, technology, literature, and the arts. Indonesia is encouraged to further implement copyright and associated rights in its domestic legal system by its involvement in several international treaties, which enables its authors to compete globally. This is also part of the history of how UUHC 2014 came to be, superseding Act No. 19 of 2002 on Copyright.
NORMATIVE STUDY OF THE RIGHT TO SPACE IN THE INSTALLATION OF DIGITAL INFRASTRUCTURE Putra, Igo Primantara Ari; Syahriar, Irman; Putri, Dina Paramitha Hefni; Khairunnisah
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.v8i1.1862

Abstract

This research is entitled Normative Study of the Right to Space in the Installation of Digital Infrastructure, which aims to analyze the legal and justice aspects in the use of space for the development of digital infrastructure in Indonesia. The development of digitalization demands the availability of legal and equitable space for the installation of towers, fiber optic networks, and other supporting devices. In a legal context, the right to space originally focused on physical development, but has now expanded to encompass the need for digital space as a vital public facility. The method used is doctrinal legal research with a statutory and conceptual approach, examining the suitability of legal norms governing the management of physical space as regulated in Spatial Planning Law Number 26 of 2007 and digital. The study results show that the regulation of spatial rights for digital infrastructure must guarantee the principles of legality, social justice, transparency, and public participation. The state plays a central role in regulating and ensuring equal access, data protection, and equitable distribution of digital benefits for all members of society. This research emphasizes the importance of adaptive and equitable digital legal transformation so that infrastructure development does not create disparities, but rather realizes inclusive, safe, and sustainable spatial planning in the era of technological transformation.
LEGAL PROTECTION FOR INDONESIAN CITIZENS IN LAND OWNERSHIP DISPUTES INCLUDED IN COAL MINING BUSINESS PERMIT CONCESSIONS Kapasian, Leonard Ibsan; Rosifany, Oni; Khairunnisah; Syahriar, Irman
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.v8i1.1870

Abstract

This study examines the form and effectiveness of legal protection for Indonesian citizens in guaranteeing land ownership within coal mining concession areas. The primary focus is on the tension between national economic interests in the mining sector and community land rights guaranteed by the constitution. This study uses a normative juridical method with a regulatory approach, legal theory, and empirical case studies in several mining areas such as Kutai Kartanegara and Paser. The results indicate that land conflicts in IUP areas are generally revoked due to overlapping ownership claims, weak land administration verification (SKT/SKPT), and minimal government oversight. The state, based on the theory of the Right to Control (HMN), has a constitutional mandate to regulate, manage, and oversee the utilization of natural resources for the welfare of the people. However, its implementation is still biased towards corporate interests, so that community rights are often neglected. This study recommends the implementation of responsive laws, strengthening the social function of land rights, and transparent and pro-community mechanisms for peace and conservation resolution. True legal protection can only be achieved if the state acts not merely as a regulator but also as an active protector of citizens' rights against the impacts of the expansion of the coal mining industry.
Co-Authors Ade Hermawan Akhmad Tarmizi Amanda, Zahwa Angriani Lubis, Rezzi Aritonang, Devinna Riskiana Auliana, Hilda Awae, Salma Ayunda Sabrina Sormin, Ayunda Sabrina Benhard Kurniawan Pasaribu Bustami Hajar, Hendra Bin Daulay, Yasmin Cantika Khairunnisa Devinna Riskiana Aritonang Dina Paramitha Hefni Putri Duerawee, Abdulkarim Feri Gunawan Gusti Heliana Safitri Hardiyanti, Vivi Herawati Parapat, Lili Irman Syahriar Kapasian, Leonard Ibsan Khari, Owanwa Kristanto, Yosua Yonathan Lili Herawati Parapat Lisda Khairani Melvariani Syari Batubara Muhsin Munthe, Aprilia Enjelika Nia Astuti Novianti Novianti Oni Rosifany, Oni Pohan, Doli Hairuman Purba, Happy Sri Rezeki Putra, Igo Primantara Ari Putri, Dina Paramitha Hefni Rahmat Huda Rezeki Purba, Happy Sri Riski Angreini Rodiah Ulfa Rosmita Ambarita Ruhama, Ufi Saputra, Sandi Yogi Saragih, Rara Ingrid Sari, Intan Winda Shoufi Nisma Dewi Siagian, Abdul Rahman Sukindar