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Awang Long Law Review

awl
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Published by Sekolah Tinggi Ilmu Hukum Awang Long Samarinda

ISSN : 26557355 EISSN : 26545462 DOI : https://doi.org/10.56301/awl

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Awang Long Law Review known as the ALLRev launched on November 1, 2018 and inaugurated formally by Chairman of the Awang Long School of Law. Besides "The Juris" Journal of Legal Sciences, Awang Long Law Review (ALLRev) is the official journal of the Awang Long School of Law published biannually (May and November) in electronic and printed versions. An electronic version of this issue is available at our website. The aims of this journal are to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of International Law, Economic Law, Criminal Law, Civil Law, Constitutional Law, Islamic Law, Administrative Law and another section related contemporary issues in law.

Arjuna Subject : -

Articles 448 Documents

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PARADIGM OF CHANGES IN THE LEGAL RELATIONSHIP OF CHILDREN'S EDUCATION OUTSIDE THE INDONESIAN LEGAL SYSTEM MANALU, KARTO
Awang Long Law Review Vol. 1 No. 2 (2019): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Changes in the legal paradigm of the child marriage outside of marriage with his father in the decision of the Supreme Court (MK) number 46 / PUU-VIII / 2010 raises the pros and cons in the community. For the pro, it is considered appropriate and fulfills a sense of justice for children. Whereas those who contradicted the decision contradicted the Marriage Law which states that children born outside of marriage only have a civil relationship with their mother and family only. The Court considered the legal relationship between the child and his father not solely based on the existence of a marriage bond accompanied by proof of the existence of a blood relationship between the child and the man. The philosophical basis of the paradigm shift in the norms of civil relations between his father's children is a mandate as well as a gift from God Almighty, which we must always guard because in him the dignity, dignity and rights as human beings must be upheld and even extramarital children have the right legal protection. The legal effect of the civil relationship between children outside of marriage and their father to the civil law system in Indonesia is that the state provides guarantees for the position of extramarital children where before the 2010 MK Decision was only considered to have a civil relationship with his mother and family, but after the 2012 MK Decision was deemed to have civil relationship with his father and father's family.

THE PRINCIPLE OF HONESTY IN THE FIRE INSURANCE AGREEMENT IN INDONESIA IN REALIZING A LEGAL BALANCE FOR THE PARTIES SIREGAR, LUKMAN
Awang Long Law Review Vol. 1 No. 2 (2019): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Insurance under the Law of the Republic of Indonesia Number 2 of 1992 concerning Insurance Business Chapter 1, Article 1: "Insurance or Coverage is an agreement between two or more parties, whereby the insurer binds itself to the insured by accepting the insurance premium, to provide reimbursement to the insured due to loss, damage or loss of expected profits, or legal liability to third parties who may be subject to the insured, arising from an uncertain event, or to provide a payment based on the death or life of an insured person. Indonesian Civil Code (Civil Code) Article 1338 paragraph (3), only mention that all contracts are carried out in good faith. No further explanation what is meant by the good faith. Even if there iws a provision that tries to define goodwill, but the definition is also causing confusion, therefore, to be able to understand the meaning of good faith more clearly must be seen in the interpretation of good faith in judicial practice. The problem is how to apply the principle of honesty in the fire and reinsurance insurance agreement and its impact on the insurance company and the insured? How can the insured sue the reinsurance company in fire insurance for the loss suffered? and How are dispute settlements arising from honesty not exercised by the parties in fire insurance agreements? The research in this Dissertation is to illustrate Law Science and the normative aspect, is a practical science, focusing attention to assess the application of norms that exist in positive law about the principle of honesty which is one of the principles in the insurance law which is very important in the insurance agreement. The result of the research is the implementation of the principle of honesty in the fire insurance and reinsurance agreement is an absolute thing done. The Fire Insurance Agreement, as is the case with the treaty in general, is subject to 4 (four) important principles for the validity of an agreement under the Civil Code, the principle of freedom of contract, the principle of consesualism, the principle of pacta sunt servanda, the principle of good faith and the personality principle.

THE ESSENCE OF SHARING JOINT PROPERTY AS A RESULT OF DIVORCE ROYANI, ESTI; YUZURU, SHIMADA; GUNARTO; MASHDUROHATUN, ANIS
Awang Long Law Review Vol. 1 No. 2 (2019): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

All individuals who have entered a household life certainly want the creation of a happy household, inner and outer prosperity and obtain the salvation of the world and the hereafter. Divorce is part of marriage, because there will be no divorce without first marriage. If in a divorce there is a dispute regarding the distribution of joint property, the resolution of a dispute regarding joint property can be submitted through the Religious Court. Property with husband and wife obtained during marriage, both husband and wife, have the same authority in the utilization of household life as well if there is a divorce between husband and wife either because of the death of one of the husband or wife (widowed) or divorce then the joint property have the same rights in the distribution of joint property.

SEA TOLL AS A MEANS TO INCREASE THE EFFECTIVENESS OF GOODS AND SERVICES TO THE EASTERN OF INDONESIA RATNAWATI, ELFRIDA
Awang Long Law Review Vol. 1 No. 2 (2019): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

The large price difference between the western, central and eastern regions of Indonesia is a problem that must be solved is the ineffective and inefficient distribution of the goods and services resulting contribution in high transportation costs and the impact on the price of goods. Sea Toll is a concept of sea transportation about the marine logistics system that aims to connect one large port to other major ports in Indonesia, supported by sea transportation to operate non-stop from Sabang to Merauke so that the economy move efficiently and evenly, the sea toll has great benefits to support Indonesia's economy as a maritime nation. What is the role of the sea toll as an alternative to support the smooth transportation of goods and services to eastern Indonesia? And what are the benefits obtained after the implementation of the sea toll in Indonesia for eastern Indonesia? Those are the main problems in this research. The purpose of this study is to describe the role of the sea toll as an alternative to support the smooth transport of goods and services in Indonesia and the benefits of the sea toll as a driver of the Indonesian economy and the results of sea toll activities in the Eastern Indonesia region in particular. Normative research, supported by primary and secondary data and then analyzed descriptively through a qualitative approach is an understanding of an issue using questionnaires and respondents. The role of the sea toll as an alternative to support the smooth transportation of goods and services to drive the Indonesian economy so that it is evenly distributed throughout Indonesia, especially in the eastern region, therefore needs to be supported by good regulations and the impact of the implementation of sea toll for eastern Indonesia, although the results have not been too maximal, but the regional community eastern Indonesia has felt a rapid decline in prices even nearly equaling market prices in other regions of Indonesia, thus the Government's goal of prospering its people is achieved.

THE APPLICATION OF THE PRINCIPLE OF BALANCE IN LEGAL PROTECTION OF THE IMPLEMENTATION OF WORK AGREEMENTS: THE MECHANISM OF WORK AGREEMENTS IN AUTOMOTIVE SECTOR COMPANIES IN INDONESIA BUDIMAN, ANWAR
Awang Long Law Review Vol. 2 No. 1 (2019): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

This labor problem is quite complex especially in terms of implementing work agreements. Work agreements made between employers and workers prone to conflict, especially if there are problems with Termination of Employment, wages and conflicts of interest. The arrangement of the work agreement itself is contained in Article 56 up to Article 66 of Act Number 13 of 2003 concerning Employment but for the author the provision is still imperfect considering the format of the work agreement itself is not clearly regulated even though this provision is very important to protect workers' rights. Based on this, the author raised the contents of this study around the issue of work agreements and supervision of the implementation of work agreements, especially Unspecified Time Work Agreements and Specific Time Work Agreements. According to Article 1 number 14 of Act Number 13 of 2003 concerning Manpower ("Manpower Law"), the definition of a work agreement is an agreement between workers/laborers with employers or employers that contains the work conditions, rights and obligations of the parties. An Unspecified Time Work Agreement stipulated in Article 60 of Act Number 13 of 2003 concerning Manpower is a work agreement that can require a period of employment of no longer than 3 (three) months. In the probationary period referred to in paragraph (1), employers are prohibited from paying wages below the applicable minimum wage. Whereas legal protection in work agreements with automotive sector companies in Indonesia as stipulated in Law Number 13 of 2003 concerning Manpower aims to ensure a harmonious working relationship between workers/laborers and employers without any pressure from strong parties to weak parties.

JUSTICE AS A BASIS FOR JUDGES TO PROVIDE A BALANCE FOR JUSTICE SEEKERS IN A CRIMINAL CASE SUBMITTED THROUGH A REVIEW AVRITS
Awang Long Law Review Vol. 2 No. 1 (2019): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

A request for a review should not be allowed to drag on without a solution, the request for review must be limited also, and it does not mean limiting the space for justice seekers to reach justice. The results of the study of the decision of the review conducted by the Supreme Court revealed that the Supreme Court of the Republic of Indonesia through the PK Decision in both the Mochtar Pakpahan and Polycarp cases had largely applied substantial procedural justice by interpreting justice. That every person has the right to get what is his right and use that right to obtain a share in proportion to it in this case the Prosecutor. Substantial procedural justice should be inspired by the flow of natural law, the flow of positivism law and responsive legal flow. In its development, a theory of justice is needed roommates Provides Balanced rewards to the parties in the effort to re-examine the case in the Supreme Court of the Republic of Indonesia. Justice seekers in submitting Efforts Reviews their review as extraordinary legal remedies are not limited only based on the provisions of Article 263 Criminal Procedure Code but are also based on the decision of the Constitutional Court Number 34/PUU-11/2013. However, based on the principle of freedom of judges where judges in accordance with the provisions of Law Number 48 of 2009 concerning Judicial Power are required to explore the values that grow and develop in society. A proof that the judge is required to be Able to implement an article with full care, prudence and fulfill a sense of fairness is the existence of Article 5 of Act Number 48 of 2009 concerning Judicial Power that the judge is obliged to explore the values of justice that grow and develop in the middle of society. Judges must be Able to absorb people's inner aspirations or voices about truth and justice, so that legal certainty can always guard justice, so that the objectives of the law to create justice can be fulfilled.

IMPLEMENTATION OF THE PRINCIPLE OF MARITIME LAW IN A SPECIAL TERMINAL AS THE MAIN SUPPORTER OF THE OIL AND GAS BUSINESS PAMULARSO, WIN
Awang Long Law Review Vol. 2 No. 1 (2019): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

The Maritime law principles is the principals terms associated with arrangement of conveyance of goods from one port to another port in order to establish trading transaction through the ocean using vessel as carrier instrument. In order to this activity can be implemented properly, supports such as seaworthy vessels, ports which meet the requirement of safety and security for access, adequate terminal infrastructure and operating procedure in accordance with vessels capacity served, and supported by personal worthy and competent on board and in the terminal. Sea voyage (carriage of goods by sea) possesses risk of damage and loss of the vessels, consignments, crews, and maritime environment destructions that demand liability and indemnity for carrier or ship owner, shipper, and consignee, therefore, contract of a freight and compulsory marine insurance are essential to the ships as well as the cargo. Carriage of goods by sea denotes vessels will convey through open oceans, straits state, innocent passage, archipelagic passage depending on the destination and route it chosen. This research utilized normative-juridical method with descriptive-analytical approach and used legal statutes, court decisions, agreements, and other legislations as primary sources of law. Secondary sources including textbooks, magazines, and journal articles related to the research topic which is implementation of maritime law and optimization, as well as the role of particular terminal in the management of vessel accidents were used. The description of the research found that the principle of maritime law has been implemented properly, however, limited areas of implementation only to Indonesian territory and has not reached the exclusive economic zones and continental shelf generate challenges in subsoil exploitation exertion in the sea. Numbers of overlapping rules and law enforcement in the territorial sea requires a serious refinement to determine the constabulary function holders. Optimizing the role of specific terminal through enabling ISPS Code security is necessary to improve the efficiency. In order to manage accident on the sea, lack of competencies became another challenge, therefore, knowledge upgrade and raining to human capital of oil and gas terminal, either mandatory or statutory or voluntary as Oil Companies International Marine Forum are essential.

THE EFFECTIVENESS OF IMPLEMENTATION RESPONSIBILITIES FOR LOCAL GOVERNMENT BUDGET REGENCY/CITY IN THE NORTH MALUKU PROVINCE SANGDJI, NASER; RUMKEL, NAM; HAKIM, ABDUL AZIZ
Awang Long Law Review Vol. 2 No. 1 (2019): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

The purpose of this study was to analyze the effectiveness of implementation responsibilities for Local Government Budget regency/budget in the North Maluku Province, and the obstacles factor in its responsibilities. The type of research used is empirical normative legal research (applied) to examine the factual implementation or implementation of each particular legal event. The study aims to ascertain whether the results of the application are in accordance with the provisions of the Statutory Regulations. This empirical normative law research consists of 2 stages. Phase I study of normative law (legislation) Phase II study of empirical law in the form of implementation of the legal event. This study uses primary data and secondary data collected through interviews and observations. The collected data is then analyzed qualitatively. The results showed that the Mechanism of Responsibility for the Implementation of the Regency/City Regional Revenue and Expenditure Budget in the Government of North Maluku Province has fulfilled its obligations in preparing financial reports as regulated in Articles 294 and 295 of the Regulations. Minister of Home Affairs No. 13 Year 2007 concerning guidelines for managing Regional Finances. In this case the Regency/City in the North Maluku Provincial Government has implemented a digital-based accountability system that is in accordance with government accounting standards including SIMDA (Regional Financial Management Information System) E-Monev (Electronic Monitoring Evaluation) and Simolek (Electronic Financial Monitoring System). However, in its implementation there is often a delay in inputting overall accountability data, this is due to the slow collection of reports from each field, which occurs because of the non-functioning mechanism of the roles and duties of each employee. While the inhibiting factor is the delay in the accountability report from each field, it is not carried out in accordance with their respective tasks and functions, the lack of mental integrity and moral responsibility of employees, and the Regency/City Government does not submit Local Regulations and Regional Regulations after being evaluated by the Governor.

NEW PARADIGM IN PROVIDING PUBLIC SERVICES IN INDONESIA Thamrin, Husni
Awang Long Law Review Vol. 2 No. 1 (2019): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Public service is one of the state’s obligations for the society. The society are entitled to receive public services as compensation for carrying out their obligations to the state. Public services are provided with the aim of creating society's welfare. Public services with a new model and paradigm are given by paying attention to the principle of justice, that is everyone who needs public services is given good and fair services according to the rights of service recipients. Public services must be provided in a non-discriminatory manner, it means that the recipient community is treated equally. The relationship between service providers and service recipients is inpersonal, which is relationships that are not based on the personal side and the public service providers or recipients.

EUTHANASIA IN A REVIEW OF ISLAMIC LAW AND CRIMINAL CODE ROSWITHA NURSANTHY, AJI TITIN
Awang Long Law Review Vol. 2 No. 1 (2019): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

When euthanasia was still being debated, some agreed and some refused. This is because there is an absolute limit that determines death is God and the limits of human rights. The purpose of writing about euthanasia is to find out how religious views and criminal law end this human life. Judging from the objectives, including normative law research. The type of data that used in this study are secondary data and primary data. Data collection techniques that used in this study are the study of literature in the form of books, legislation, documents, internet and so on. Data analysis uses data deduction and data interpretation. Based on the results of research and data analysis, it can be concluded that euthanasia is prohibited in any religion, in the code of medical ethics, it is also not permissible as well as in the rule of criminal law, while the reasons are as follows: In Islam it said: killing one human being is the same as killing all humanity, because every human being must have a family, and have offspring and that human beings are members of the society. Killing one person indirectly will hurt the family, offspring and the surrounding society. Therefore Islam classifies murder as a grave sin after shirk (the history of Bukhari and Muslim). The killer will get a revenge in the form of hell (QS An-Nisa: 93). Criminal Law Regulations in Indonesia said that Euthanasia is a prohibited act, in the criminal law in force in Indonesia the provisions regarding Euthanasia are contained in article 304 of the Criminal Code which prohibits the existence of passive euthanasia and article 344 of the Criminal Code which prohibits active euthanasia. So Euthanasia cannot be applied in Indonesia because in addition to being contrary to Islam, it is also contrary to the Indonesian Criminal Code (KUHP).

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Editorial Address Jl. Ade Irma Suryani No. 16 Kota Samarinda 75117

Location Kota samarinda, Kalimantan timur INDONESIA

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Contact Name
Otto Fajarianto

Contact Email
ofajarianto@gmail.com

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Journal Mail Official
kadarudin.fnu@gmail.com

Editorial Address
Jl. Ade Irma Suryani No. 16 Kota Samarinda 75117

Location
Kota samarinda,

Kalimantan timur

INDONESIA