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All Journal Jurnal Ilmu Hukum The Juris Awang Long Law Review
Thamrin, Muhammad Arganata
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Law, Crime, Criminology & Criminal Justice

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Journal : Awang Long Law Review

 1 
THE ACT OF SALE OF A POSTPARTUM CHILD BY THE CHILD’S BIRTH MOTHER Thamrin, Muhammad Arganata; Ismail, Affero
Awang Long Law Review Vol. 6 No. 1 (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.v6i1.1011

Abstract

Children are the next generation and determinants of the future of the nation as well as a mirror of life attitudes in the future. Therefore, they need to get the opportunity to grow and develop their physical need, mental and social skill properly. However, sometimes they face serious problem such as getting pregnant out of wedlock when they are 13 years old. The problem occurs because of something undesirable and for that reason they are not ready to become parents. Thus, they commit acts of minor trafficking that are contrary to the provisions of the article 76f juncto Article 83 of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. Minor trafficking is a crime that violates human rights, whose perpetrators are not only adults but also children and most of them are victims of criminal acts. The minors who commited criminal acts need to be taken seriously and their criminal liability is different from adults. Therefore, the minors who are in conflict with the law still get specifically protection regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System.
THE FUNCTION OF LAW IN ECONOMIC DEVELOPMENT AND COMMUNITY EMPOWERMENT IN INDONESIA Thamrin, Husni; Sobirov, Bobur; Thamrin, Muhammad Arganata; Royani, Esti
Awang Long Law Review Vol. 7 No. 1 (2024): 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.v7i1.1479

Abstract

The purpose of this study is to analyze the function of law in the stages of economic development and to analyze community empowerment through the role of law. The research is normative-legal research, using the statute approach, conceptual approach, and case approach. Secondary Legal Materials are all publications on a law that are not official documents which include textbooks, legal dictionaries, legal journals, and research reports. The collected legal materials are then analyzed qualitatively. The results of the research show that development in the economic field cannot work alone, but requires support from various parties, especially in the field of law. Law has a very central role in the success of a country's economic development, particularly in providing business and investment certainty, both at the central and regional levels. This will provide a huge opportunity for the central government in accelerating policies related to the economy in the regions because the regions are already stable in terms of the functioning of the legal function in the field of economic development. In relation to community empowerment, the function of law is as a driving force for development. In this case, the law as a tool to bring society in a more advanced direction will work dynamically following economic developments. Improvements in all sectors, starting from education, accessibility, action, institutions, business, income, environment, and life, and improving social relations in society will have a very big impact on economic growth in Indonesia.
LAW ENFORCEMENT AGAINST ILLEGAL MINERS Thamrin, Husni; Nursanthy, Aji Titin Roswitha; Thamrin, Muhammad Arganata
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.v7i2.1737

Abstract

Illegal mining refers to extraction or excavation activities carried out by individuals or companies without proper permits and without adhering to Good Mining Practices. Illegal mining is often conducted by communities using simple equipment, without licenses, and without environmental and safety considerations. It also involves financiers and traders. In certain cases, illegal mining is also carried out by companies. In this paper, the author uses a normative juridical approach. Due to this approach, this type of legal research is called normative legal research. Legal provisions, specifically Law No. 3 of 2020 concerning Amendments to Law No. 4 of 2009 on Mineral and Coal Mining, serve as primary legal sources. The author employs the library research method, which involves reviewing relevant books, magazines, journals, articles, and internet sources related to the discussed issue.
THE ACT OF SALE OF A POSTPARTUM CHILD BY THE CHILD’S BIRTH MOTHER Thamrin, Muhammad Arganata; Ismail, Affero
Awang Long Law Review Vol. 6 No. 1 (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.v6i1.1011

Abstract

Children are the next generation and determinants of the future of the nation as well as a mirror of life attitudes in the future. Therefore, they need to get the opportunity to grow and develop their physical need, mental and social skill properly. However, sometimes they face serious problem such as getting pregnant out of wedlock when they are 13 years old. The problem occurs because of something undesirable and for that reason they are not ready to become parents. Thus, they commit acts of minor trafficking that are contrary to the provisions of the article 76f juncto Article 83 of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. Minor trafficking is a crime that violates human rights, whose perpetrators are not only adults but also children and most of them are victims of criminal acts. The minors who commited criminal acts need to be taken seriously and their criminal liability is different from adults. Therefore, the minors who are in conflict with the law still get specifically protection regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System.
THE FUNCTION OF LAW IN ECONOMIC DEVELOPMENT AND COMMUNITY EMPOWERMENT IN INDONESIA Thamrin, Husni; Sobirov, Bobur; Thamrin, Muhammad Arganata; Royani, Esti
Awang Long Law Review Vol. 7 No. 1 (2024): 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.v7i1.1479

Abstract

The purpose of this study is to analyze the function of law in the stages of economic development and to analyze community empowerment through the role of law. The research is normative-legal research, using the statute approach, conceptual approach, and case approach. Secondary Legal Materials are all publications on a law that are not official documents which include textbooks, legal dictionaries, legal journals, and research reports. The collected legal materials are then analyzed qualitatively. The results of the research show that development in the economic field cannot work alone, but requires support from various parties, especially in the field of law. Law has a very central role in the success of a country's economic development, particularly in providing business and investment certainty, both at the central and regional levels. This will provide a huge opportunity for the central government in accelerating policies related to the economy in the regions because the regions are already stable in terms of the functioning of the legal function in the field of economic development. In relation to community empowerment, the function of law is as a driving force for development. In this case, the law as a tool to bring society in a more advanced direction will work dynamically following economic developments. Improvements in all sectors, starting from education, accessibility, action, institutions, business, income, environment, and life, and improving social relations in society will have a very big impact on economic growth in Indonesia.
THE STATE OF LAW AND DEMOCRACY: THE REALITY OF STATE IN THE CONSTITUTIONAL SYSTEM IN INDONESIA Thamrin, Husni; Thamrin, Muhammad Arganata; Fahrudin, Muhammad Husni; Ribeiro, Leonito
Awang Long Law Review Vol. 8 No. 2 (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.v8i2.2028

Abstract

Indonesia constitutionally affirms itself as a state based on law (rechtsstaat), but in practice, tensions often arise between the supremacy of law and political interests. This article aims to analyze the dialectical relationship between the concept of the rule of law and democracy in the Indonesian constitutional system, particularly in the context of post-2024 election dynamics. Using a normative legal approach and an analysis of responsive legal typology by Philippe Nonet and Philip Selznick, this study finds that law enforcement in Indonesia still faces major challenges in the form of legal politicization, the weakening of independent institutions, and a shift towards semantic constitutionalism. This study concludes that strengthening constitutional democracy requires the integration of responsive law, strong political ethics, and constitutional adaptation to digital disruption to maintain genuine popular sovereignty.
Co-Authors Affero Ismail, Affero Esti Royani, Esti Fahrudin, Muhammad Husni Husni Thamrin Nursanthy, Aji Titin Roswitha Ribeiro, Leonito Sobirov, Bobur Wijaya, Johan