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All Journal Al-Manahij: Jurnal Kajian Hukum Islam Indonesian Journal of Islam and Muslim Societies IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Jurnal Daulat Hukum UIR LAW REVIEW Jurnal Pengabdian UntukMu NegeRI Humani (Hukum dan Masyarakat Madani) JOURNAL EQUITABLE Awang Long Law Review Pena Justisia: Media Komunikasi dan Kajian Hukum JURNAL HUKUM MEDIA JUSTITIA NUSANTARA JURNAL PEMBANGUNAN HUKUM INDONESIA Law Research Review Quarterly Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Borneo Student Research (BSR) Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda Jurnal Hukum Lex Generalis JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana Lentera:Indonesian Journal of Multidisciplinary Islamic Studies POLITICA: Jurnal Hukum Tata Negara dan Politik Islam TATOHI: Jurnal Ilmu Hukum Collegium Studiosum Journal Journal of Education Research Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Al-Manahij : Jurnal Kajian Hukum Islam Bacarita Law Journal Qonun Jurnal Hukum Islam dan Perundang-Undangan Literacy : International Scientific Journals of Social, Education, Humanities QISTINA: Jurnal Multidisiplin Indonesia Aurelia: Jurnal Penelitian dan Pengabdian Masyarakat Indonesia Journal of Artificial Intelligence and Digital Business Jurnal Masyarakat Madani Indonesia JUDGE: Jurnal Hukum LUTUR Law Journal JURNAL RETENTUM ANDREW Law Journal Al-Zayn: Jurnal Ilmu Sosial & Hukum Journal of Innovative and Creativity Nomos : Jurnal Penelitian Ilmu Hukum Jurnal Mediasas : Media Ilmu Syari'ah dan Ahwal Al-Syakhsiyyah Fundamental : Jurnal Ilmiah Hukum J-CEKI Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda
Elviandri, Elviandri
Fakultas Hukum, Universitas Muhammadiyah Kalimantan Timur
Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Nursing Public Health Social Sciences Other

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Journal : Awang Long Law Review

 1 
IDEAL REGULATIONS OF LAW ENFORCEMENT AGAINST MEDICAL MALPRACTICE TRADITIONAL HEALTH WORKERS Oktareza, Dwi; Yulianingrum, Aullia Vivi; Alhadi, Muhammad Nurcholis; Elviandri; Suhadi, Nainuri
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.v7i1.1410

Abstract

Traditional health services in Indonesia play an important role in maintaining public health, but the increasing cases of malpractice in this practice can endanger patient safety. The main challenges are the lack of supervision and the lack of legality that exacerbate the potential for malpractice. Therefore, strict legal protection is needed to ensure that traditional medicine is safe, effective, and meets standards, as well as to protect patients and traditional health workers. This study uses a normative legal method with a legislative, conceptual, and case study approach. Data were collected through literature studies and analyzed descriptively to understand the legal protection for patients of traditional health services. This study proposes strengthening supervision of traditional health practices through the establishment of a Traditional Health Worker Supervisory Board and non-litigation dispute resolution mechanisms such as mediation or arbitration. In addition, strict law enforcement against malpractice through administrative, civil, and criminal law will increase the accountability of traditional health workers, improve the quality of services, and provide a sense of justice for patients. Thus, it is hoped that a balance will be created between preserving tradition and effective legal protection to create a safe and fair health system in Indonesia.
THE IMPLICATIONS OF CONSTITUTIONAL COURT DECISION REGARDING THE LIMITATION OF REGIONAL HEADS' TERMS ON THE CONSTITUTIONALITY OF REGIONAL HEADS' NOMINATIONS Noor, Andreyan; Yulianingrum, Aullia Vivi; Elviandri, Elviandri; Alhadi, Muhammad Nurcholis
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.v7i1.1419

Abstract

The limitation of regional heads' terms in Indonesia is basically related to two things, the first is to avoid abuse of authority, and the second is to regenerate leadership in the regions, therefore the limitation of the regional heads' terms is very important. This research is normative legal research with a statute approach and a case approach, by analyzing the decisions of the Constitutional Court such as Decision Number 22/PUU-VII/2009, Number 67/PUU-XVIII/2020, and Number 2/PUU-XXI/2023. This study examines how the Constitutional Court interprets the term limits of regional heads, including the calculation of the term of office for regional heads who do not complete their term of office. The results of this study show that the Constitutional Court emphasizes that a term of office that is served for half of the term or more is counted as one full term, both for definitive officials and temporary officials. This interpretation aims to ensure legal certainty and prevent abuse of power, by providing protection for the constitutional rights of citizens who wish to run for re-election. The Constitutional Court's decision also confirms that the norm of term limits for regional heads is in line with the principles of justice, proportionality, and legal certainty guaranteed in the 1945 Constitution. Thus, this term limit is not only served to prevent the dominance of power, but also to encourage the regeneration of healthy leadership in the Indonesian democratic system. The implications of this Constitutional Court decision are very important for the implementation of the 2024 Simultaneous Regional Head Elections, where the KPU and Bawaslu must ensure the consistent implementation of this norm, to ensure the creation of fair, transparent, and quality elections.
IDEAL REGULATIONS OF LAW ENFORCEMENT AGAINST MEDICAL MALPRACTICE TRADITIONAL HEALTH WORKERS Oktareza, Dwi; Yulianingrum, Aullia Vivi; Alhadi, Muhammad Nurcholis; Elviandri; Suhadi, Nainuri
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.v7i1.1410

Abstract

Traditional health services in Indonesia play an important role in maintaining public health, but the increasing cases of malpractice in this practice can endanger patient safety. The main challenges are the lack of supervision and the lack of legality that exacerbate the potential for malpractice. Therefore, strict legal protection is needed to ensure that traditional medicine is safe, effective, and meets standards, as well as to protect patients and traditional health workers. This study uses a normative legal method with a legislative, conceptual, and case study approach. Data were collected through literature studies and analyzed descriptively to understand the legal protection for patients of traditional health services. This study proposes strengthening supervision of traditional health practices through the establishment of a Traditional Health Worker Supervisory Board and non-litigation dispute resolution mechanisms such as mediation or arbitration. In addition, strict law enforcement against malpractice through administrative, civil, and criminal law will increase the accountability of traditional health workers, improve the quality of services, and provide a sense of justice for patients. Thus, it is hoped that a balance will be created between preserving tradition and effective legal protection to create a safe and fair health system in Indonesia.
THE IMPLICATIONS OF CONSTITUTIONAL COURT DECISION REGARDING THE LIMITATION OF REGIONAL HEADS' TERMS ON THE CONSTITUTIONALITY OF REGIONAL HEADS' NOMINATIONS Noor, Andreyan; Yulianingrum, Aullia Vivi; Elviandri, Elviandri; Alhadi, Muhammad Nurcholis
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.v7i1.1419

Abstract

The limitation of regional heads' terms in Indonesia is basically related to two things, the first is to avoid abuse of authority, and the second is to regenerate leadership in the regions, therefore the limitation of the regional heads' terms is very important. This research is normative legal research with a statute approach and a case approach, by analyzing the decisions of the Constitutional Court such as Decision Number 22/PUU-VII/2009, Number 67/PUU-XVIII/2020, and Number 2/PUU-XXI/2023. This study examines how the Constitutional Court interprets the term limits of regional heads, including the calculation of the term of office for regional heads who do not complete their term of office. The results of this study show that the Constitutional Court emphasizes that a term of office that is served for half of the term or more is counted as one full term, both for definitive officials and temporary officials. This interpretation aims to ensure legal certainty and prevent abuse of power, by providing protection for the constitutional rights of citizens who wish to run for re-election. The Constitutional Court's decision also confirms that the norm of term limits for regional heads is in line with the principles of justice, proportionality, and legal certainty guaranteed in the 1945 Constitution. Thus, this term limit is not only served to prevent the dominance of power, but also to encourage the regeneration of healthy leadership in the Indonesian democratic system. The implications of this Constitutional Court decision are very important for the implementation of the 2024 Simultaneous Regional Head Elections, where the KPU and Bawaslu must ensure the consistent implementation of this norm, to ensure the creation of fair, transparent, and quality elections.
THE DESIGN OF TERM LIMITATIONS FOR THE REPUBLIC OF INDONESIA'S HOUSE OF REPRESENTATIVES MEMBERS: CONSTITUTIONAL ANALYSIS, REPRESENTATIVE DEMOCRACY, AND THE CHECKS AND BALANCES MECHANISM Sulistafando, Ravidan Maheer; Elviandri; Yulianingrum, Aullia Vivi; Hasmiati, Rahmatullah Ayu
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.v7i2.1941

Abstract

The absence of term limits for legislative members has resulted in a pattern of power entrenchment, thus hampering the process of leadership regeneration and strengthening oligarchic tendencies within parliament. The absence of term limits in the Law of MD3 opens up space for power entrenchment, the formation of political dynasties, conflicts of interest, and a decline in the integrity of representation, reflected in the increasing constituency disconnect, the phenomenon of self-serving legislation, and the high number of legislative corruption cases. Therefore, a comprehensive design is needed to formulate a term limit model that aligns with the constitutional mandate. The study uses normative legal methods through legislative and conceptual approaches, examining the 1945 Constitution, the MD3 Law, the Election Law, Constitutional Court decisions, as well as the theories of constitutionalism, Habermas's deliberative democracy, and Madison's theory of power limitations. The analysis is conducted descriptively-analytical and interpretative-normative to build a cohesive legal argument. The results show that constitutionally, term limits can be justified as an integral part of the principle of power limitation and legal certainty; the current absence of norms has been shown to reduce the effectiveness of the representation function and open up opportunities for abuse of authority. From a leadership regeneration perspective, term limits increase the plurality of political actors, reduce incumbency advantage, and encourage policy innovation, while simultaneously breaking patronage networks that hamper oversight functions. Meanwhile, from a checks and balances perspective, term limits can strengthen the collegial independence of the House of Representatives (DPR) and increase the credibility of its oversight function over the executive, but they need to be designed proportionally to avoid creating an expertise gap or disrupting policy continuity.
THE ENFORCEMENT OF THE LAND REGULATORY FRAMEWORK AGAINST ABANDONED AND ABSENTEE LAND Kholil, Muhammad; Hasmiati, Rahmatullah Ayu; Elviandri; Surahman
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.v7i2.1942

Abstract

This research is motivated by the increasing problem of abandoned land and absentee land, which indicates the ineffective enforcement of the land regulatory framework despite the comprehensive formulation of normative frameworks such as the Basic Agrarian Law (UUPA), Government Regulation No. 20 of 2021, and Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency (BPN) No. 20 of 2021. Uncultivated land and agricultural land ownership by owners not domiciled in the area result in inefficient use of space, increase the risk of agrarian conflict, and reduce the social function of land, as seen in Jonggon Jaya Village. This research aims to analyze the effectiveness of land regulatory framework enforcement, identify legal and administrative factors that hinder the handling of abandoned land and absentee land, and formulate strategies and formulations for strengthening the legal framework that is more responsive to local agrarian dynamics. The method used was sociological juridical research, combining normative analysis of land regulations with empirical findings through interviews, field observations, and review of land administration documents. These were then analyzed using Lawrence M. Friedman's legal system theory (structure, substance, and legal culture). The research results indicated that weaknesses in law enforcement stem from weak institutional capacity, fragmentation of legal substance, the absence of objective parameters for determining abandoned land, and low community compliance with land management obligations. To address these issues, this study offered five innovative policy formulations: the formulation of the Integrated Land Utilization Index (IULT), the development of Conditional Management Rights, the implementation of an electronic domicile verification system (E-DOM), the establishment of a Local Land Activation Fund, and the implementation of digital, electronically proven administrative protocols. These findings emphasize that strengthening the land regulatory framework requires synergy between normative reform, modernization of the administrative system, and strengthening of the community's legal culture to achieve sustainable agrarian justice.
Co-Authors Abdillah, Muhammad Adrian Absori Absori Adelya, Eka Aidil Aidil Aidil, Aidil Aksar Aksar Aksar Andayani, Ana Andi Fratiwi Andi Wibowo Andrean, Fisaka Wahyu Anita Audina Aprilyani Ikra, Putri ARDIANSYAH ARDIANSYAH Arif Pratama, Rio Arifin, Alziqry Ario, Dion Artari, Kintan Asrizal Saiin Aswin Zulfahmi Ayu Ferawati, Ayu Azqmi, Ulul Bayu Prasetyo Bayu Prasetyo, Bayu Dana, Robin Darlis Pattalongi, Muhammad Demitha selvira amellia Desi Sommaliagustina Devi Mustika Dwi Edisam, Kuswandi Farkhani Farkhani Farkhani Farkhani Farkhani Farkhani Farkhani, Farkhani Fiqri Abdillah Firdaus, Andi Gilvina Grace B.A. Gunawan, Predy Gustiawan, Putra Chusnul Hafied Zen Hasmiati, Ayu Hayuningtyas, Wilda Herdiawan, Herdiawan Herman, Akhmad Sobyan Husodo, Panggalih Indah Ratnanun Indra Perdana Iranda Nadya Febianty Iskandar, Rachmat Ragil Juono, Agustinus Arif Kaulika, Rafifah Aqila Wafa Khairunnisa Zain Dzakiyah Kholik, Sadam Khudzaifah Dimyati Kusumastuti, Binarida Larassati, Aura Dara Lisa Anggraini LUKMAN, LUKMAN Maharani, Citra Ayu Deswina Marjan Marjan Maulidha Eka Pratiwi Melinda Melinda Muh Zuhri Muhammad Amin Muhammad Hanafi Muhammad Kholil Muhammad Miftah, Muhammad Muhammad Nurcholis Alhadi Muhammad Taufiq Munir Anshory Nazrin, Mohamad Ningsih, Linda Setia Noor, Andreyan Norrafika Safitri Nugroho, Sigit Sapto Nurcholis, Muhammad Nurul amin, Nurul Octaviani, Simalango Juita Odelia, Marsha Oki Sadewo Setyo Oktareza, Dwi Pattalongi, Muhammad Darlis Pebrian, Aldi Putri, Merin Ananda Putri, Ona Monisca Rahayuningsih, Uut Rahmah, Mardiah Mastur Rahmatullah Ayu Hasmiati Raihana Raihana Raihana Raihana Raja Desril Ramadhani, Dina Ramadhani, Nur Laila Reny Oktaviani Paturu Ricky Indrawan safutra Riduan Riduan, Riduan Rifki Hidayat Rio Arif Pratama Riza, Wahyu Friyonanda Salas, Jevi Sanda, Aditya Nur Tio Saputra, Erlyando Setiawan, Ahmad Yogi Shaleh, Ali Ismail Sigit Sapto Nugroho Siti Hawa Ainul Situngkir, Fernandes Situngkir, Swandi Aliverchan Suhadi, Nainuri Sukma, Ayu Mega Sulistafando, Ravidan Maheer Sunariyo, Sunariyo Suparno, Achmad Surahman Surahman Surahman Surahman Surahman Suswadi Sutag Harsie Syarief Hidayatullah Taufik Taufik Taufik Tiya Manikam Sariayana Tri Wahyuni Lestari Triwahyuni Lestari Turnip Mega Marta Wijoseno, Taufik Yulianingrum, Aullia Vivi Zahrah Khan Zen, Hafied