Awang Long Law Review
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.
Articles
448 Documents
<![CDATA[THE GAMBLING CRIME PREVENTION EFFORTS ]]>
<![CDATA[MAYASARI MUIN, AUDYNA]]>;
<![CDATA[TENRI FAMAURI, ANDI]]>;
<![CDATA[MARWAH]]>;
<![CDATA[ALRIP, ISMAIL]]>
<![CDATA[ Awang Long Law Review Vol. 3 No. 1 (2020): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v3i1.99
<![CDATA[The crime of gambling is regulated in Article 303 and Article 303 bis of the Criminal Code (KUHP), this crime is included in the category of crimes against decency. The sanctions for gambling crimes stipulated in the Criminal Code are of an alternative nature, that is, they are punishable by the main punishment in the form of imprisonment or a fine, in which the punishment is based on the qualification of the act committed by the perpetrator. Prevention efforts that can be made against the prevalence of gambling cases, especially in Wajo Regency, use a criminological approach which consists of pre-emptive, preventive and regressive efforts. The form of preventive efforts taken is in the form of structuring laws and regulations, providing legal counseling to the public and optimal law enforcement against gambling crimes.]]>
<![CDATA[PREVENTION OF DOMESTIC VIOLENT IN HOUSEHOLDS: PREVENTIVE AND INSTITUTIONAL APPROACHES ]]>
<![CDATA[RATNAWATI]]>;
<![CDATA[HERYANI, WIWIE]]>;
<![CDATA[SUCI WAHYUNI, ANDI]]>;
<![CDATA[MUHAMMAD ASWIN ANAS, ANDI]]>
<![CDATA[ Awang Long Law Review Vol. 3 No. 1 (2020): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v3i1.100
<![CDATA[Domestic violence is a criminal offense as regulated in the Law of Domestic Violence Elimination. Domestic violence still occurs in various regions, including South Sulawesi, Wajo Regency. This situation is concerned by the government and the local community. The issue of domestic violence not only causes polemics for perpetrators and victims but also for the community. These problems can also be a source of violations of social norms and other legal norms. For this reason, the available legal highlight requires preventive measures from both the central and regional governments and all elements of society. Dissemination of the Domestic Violence Act discusses criminal acts in domestic violence in terms of forms of domestic violence, criminal sanctions for perpetrators, victims' rights and domestic violence handling by local governments through particular institutions or units for protection and handling of victims of domestic violence. With the socialization of this law, it is expected to be able to prevent and minimize the occurrence of cases of domestic violence and to provide changes in the life values of the local village community.]]>
<![CDATA[A LEGAL SYSTEM APPROACH IN THE HANDLING OF NARCOTIC CRIMES BY CHILDREN ]]>
<![CDATA[HERYANI, WIWIE]]>;
<![CDATA[RATNAWATI]]>;
<![CDATA[MUHAMMAD ASWIN ANAS, ANDI]]>;
<![CDATA[SUCI WAHYUNI, ANDI]]>
<![CDATA[ Awang Long Law Review Vol. 3 No. 1 (2020): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v3i1.101
<![CDATA[Abuse of narcotics can destroy the joints of community and sustainability of the nation where the target is now leads to the wider community and young generation. The writing of this article uses the statute approach. The results showed the law has given space and special treatment for children in conflict with the law. Including if a child commits a crime in accordance with the provisions of a criminal act in Law Number 35 of 2009 concerning Narcotics. The state comes through regulations to provide special treatment for children who are in conflict with the law to make sure that the children's rights remain fulfilled. Law enforcement of criminal acts of misuse of narcotics by children in Wajo Regency has been carried out through penal and non-penal efforts. For more effectiveness and humanness of law enforcement, pre-emptive and preventive efforts such as carrying out legal counseling activities for children must be held continuously. This is part of efforts to save children as the nation's next generation, as mandates in the constitution of the Republic of Indonesia.]]>
<![CDATA[LAW ENFORCEMENT CHALLENGES IN TRAFFIC FOR STUDENTS: BETWEEN REALITY AND IDEALISM ]]>
<![CDATA[TENRI FAMAURI, ANDI]]>;
<![CDATA[RIFAI, AULIA]]>;
<![CDATA[UTAMI MAS BAKAR, DIAN]]>;
<![CDATA[WENDA JUNIAR, MUTIAH]]>;
<![CDATA[TH. HOESA, FADHLURRAHMAN]]>;
<![CDATA[JALU PRASETYO, ADJI]]>
<![CDATA[ Awang Long Law Review Vol. 3 No. 1 (2020): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v3i1.102
<![CDATA[Students are one of the vulnerable groups who become the victim or perpetrators of traffic accidents. Adolescents in 17-21 years old are categorised as the biggest number of students who become perpetrators. It happens due to the basic driving skill level, the less experience in driving and unstable emotions. The young drivers tend not to own the ability to perceive a risky condition which closely related to the immaturity of driving experience and the will to take risky decisions. This research found that one of the ideal forms of fostering students who are among the highest contributors to the accident and violations of traffic is through legal counselling activities which increase their legal awareness. This is in line with the provision in Article 4 of Law Number 22 Year 2009 concerning Traffic and Land Transportation which stipulate that to foster and implement safe, secure, orderly and smooth traffic and transportation, one of the ways is through traffic education. In increasing the legal awareness of traffic on students through legal counselling methods, at least students are given the knowledge and understanding of proper traffic procedures and criminal sanctions that can be imposed if committing a traffic violation.]]>
<![CDATA[THE POSITION OF SUPREME COURT REGULATION NUMBER 4 YEAR 2014 IN THE IMPLEMENTATION OF DIVERSION BY THE PUBLIC PROSECUTOR BASED ON THE REGULATION OF LAW ]]>
<![CDATA[SATRIANI AS, ANDI]]>;
<![CDATA[MAYASARI MUIN, AUDYNA]]>;
<![CDATA[INDRAWATI, DARA]]>
<![CDATA[ Awang Long Law Review Vol. 3 No. 1 (2020): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v3i1.103
<![CDATA[The judge continued to carry out diversions against a child who had committed a criminal offense, one of the articles of which was punishable by a sentence of under seven years. For the prosecutors themselves, there is no such rule, but in practice, in practice, many prosecutors carry out Supreme Court Regulations No. 4 Year 2014, in the sense that prosecutors continue to diversify children who commit crimes with a sentence of more than 7 years as long as the prosecutors overlay the charges. 7 years and under, and the average diversion is successful. This paper aims to analyze the position of Supreme Court Regulations Number 4 Year 2014 in the implementation of diversion by the public prosecutor based on the laws and regulations. The type of research used is social legal research. The data used are primary data (obtained directly from respondents and resource persons, namely the Luwu Office Attorney using interview techniques) and secondary data (various references or scientific papers in the field of law in the form of legal books and research documents related to previous data and statutory regulations. invitation). All data collected were analyzed qualitatively. The results show that the position of the Supreme Court Regulation Number 4 Year 2014 in the implementation of diversion by the public prosecutor is a rule that regulates the procedures for solving a problem in order to smooth the judiciary, in this case the implementation of diversion, given that there is a legal vacuum regarding the procedures for implementing diversion after the formation of the Law Number 11 Year 2012 concerning SPPA, where in the Law it is ordered that the Government Regulation regarding the implementation of diversion be made no later than 1 year from the enactment of the SPPA Law, but in reality the Government Regulation in question was promulgated outside of the stipulated time, so there is a vacancy law in the implementation of the SPPA Law. The Supreme Court which is given the authority by law to make complementary rules to fill the legal gaps or gaps has appropriately exercised its authority through the formation of the said Supreme Court Regulation.]]>
<![CDATA[DISPARITY OF COURT DECISIONS IN THE CASES OF PASSENGER NOT ACCOUNTING FOR THE REASON OF AIRCRAFT CAPACITY ]]>
<![CDATA[HARIDDIN, MUHAMMAD]]>;
<![CDATA[ALAUDDIN, RUSDIN]]>;
<![CDATA[RUMKEL, NAM]]>
<![CDATA[ Awang Long Law Review Vol. 2 No. 2 (2020): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v2i2.104
<![CDATA[One of the cases where passengers were not transported due to an overcapacity of the aircraft (overseat) occurred on the Lion Air Manado - Jakarta flight with flight number JT 743 on 19 October 2011, in connection with this case there were two passengers who objected and suffered losses for this incident, and filed a civil suit to the Central Jakarta District Court for the settlement process with Decision Number: 42/Pdt.G/2012/PN.JKT. PST. and Decision Number: 260/Pdt.G/2014/PN.JKT.PST. This paper will discuss more deeply the basis for judges' considerations so that there are disparities in court decisions. The type of research used is juridical normative, with a statutory approach and a case approach. The data collected is then analyzed qualitatively. The results showed that District Court Decision Number 260/PDT.G/2014/PN.JKT.PST where the Plaintiff filed a lawsuit for act against the law but the Judge decided that the Defendant was guilty of default for the act of not carrying passengers on the grounds of aircraft capacity, this was related to the application of the passive judge principle and the ultra petitum partium principle which had broad meaning in good faith by the judge, then on District Court Decision Number 42/PDT.G/2012/PN.JKT.PST the judge decided that the Defendant was guilty of committing an unlawful act in terms of the absence of passengers on the grounds that the aircraft's capacity was in accordance with the Plaintiff's claim.]]>
<![CDATA[REGULATION ANALYSIS ON OPERATIONAL LICENSES OF BECAK MOTOR IN TIDORE KEPULAUAN: PERSPECTIVE OF LAW NO. 12 YEAR 2011 ]]>
<![CDATA[SEBAN, ULFA]]>;
<![CDATA[ROSYIDI, IRHAM]]>;
<![CDATA[RUMKEL, NAM]]>
<![CDATA[ Awang Long Law Review Vol. 2 No. 2 (2020): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v2i2.105
<![CDATA[The purpose of paper is to analyze the control costs for becak motor transportation operational permits in accordance with the authorities owned and the suitability of the contents of the Tidore Islands Mayor Regulation Number 3 Year 2016 concerning v Operational Permits with Types and Hierarchy in the Formation of Legislative Regulations. The type of research used is socio-juridical research, which is research that is focused on examining the application of the rules or norms in positive law. This research uses a statutory approach and a case approach. The data collected is then analyzed qualitatively, namely data obtained from both library research is grouped and selected then combined with the problems to be studied according to quality and truth so that they will answer the existing problems. The Regional Government of Tidore City does not have the authority to collect fees for controlling the operational license for becak motor vehicles because these charges are against the provisions of Article 2 paragraph (3) and Article 150 of Law Number 28 Year 2009 concerning Regional Taxes and Regional Levies and Article 286 paragraph 2) Law Number 23 Year 2014 concerning Regional Government, in which the authority to determine other types of levies other than those regulated in law is centralized through non-decentralized Government Regulations through regional legal products. So that the regional head regulation that regulates the collection of costs for controlling the operational license for becak motor does not have a legal standing. The type of becak motor vehicle is not classified into the type of vehicle that can function as public transportation as stipulated in Article 47 paragraph (3) of Law Number 22 Year 2009 concerning Traffic and Road Transportation so that the regulation of the becak motor Operational Permit contained in the Mayor of Tidore Islands Regulation Number 3 Year 2016 concerning the becak motor Operational Permit is disharmonious with the regulations in Law Number 22 Year 2009 Traffic and Road Transportation There is a discrepancy between the types and the content contained in the Mayor of Tidore Islands Regulation Number 3 Year 2016 concerning this becak motor Operational Permit where it is not there is an order from a higher level statutory law or regional law or not established based on authority. So that its existence should not be recognized as stipulated in Article 8 paragraph (2) of Law Number 12 Year 2011 concerning the Formation of Shrimp Legislation.]]>
<![CDATA[LEGAL ANALYSIS OF THE PUBLIC PROSECUTOR'S ERRORS IN MAKING AMENDMENTS TO THE CHARGES ]]>
<![CDATA[IMAM LAHAYA, ACHMAD]]>;
<![CDATA[MAYASARI MUIN, AUDYNA]]>;
<![CDATA[INDRAWATI, DARA]]>
<![CDATA[ Awang Long Law Review Vol. 2 No. 2 (2020): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v2i2.106
<![CDATA[Amendments in charges are not recognized in the Criminal Procedure Code (KUHAP). There is no mechanism for changing the charges, the Criminal Procedure Code only allows the Prosecutor to change the indictment, in practice it was found that the Public Prosecutor in his response (replik) corrected the indictment which he read out regarding errors regarding evidence where there is one piece of evidence that is not related to the case so that the Public Prosecutor correcting by reflecting/crossing out because it is not included in the evidence receipt at the time of transfer of this case to the Court. This paper aims to analyze the arrangements for the Public Prosecutor's claim letter based on statutory regulations. The result of the research shows that the letter of demands for the Public Prosecutor is determined in the Criminal Procedure Code and the Law on the Prosecution, read out after the examination process has been completed. The examination referred to is the examination of valid evidence in criminal law, namely witness statements, expert statements, letters, instructions and statements of the Defendant, as well as examination of evidence. The indictment contains the charges for the sentence against the Defendant, the indictment is based on the indictment which contains a description of the incident of the criminal act and the Article that is suspected to be proven in the process of examining the evidence.]]>
<![CDATA[THE CONCEPT OF LAND REGISTRATION SYSTEM IN INDONESIA IN REALIZING LEGAL CERTAINATION ]]>
<![CDATA[INGGRIANI, SRI]]>;
<![CDATA[SANTIAGO, FAISAL]]>
<![CDATA[ Awang Long Law Review Vol. 3 No. 1 (2020): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v3i1.107
<![CDATA[The land registration system used in Indonesia is a negative publication system with a positive tendency. In a negative registration system (negative system) with a positive tendency, the government does not guarantee legal certainty for the holder of valid evidence (certificate). The government is also not responsible for the data and information contained in land title certificates. Data and information are considered correct as long as no other party sues. This condition causes various problems, such as the emergence of conflicts and land disputes between various parties in several regions in Indonesia. This study is normative with secondary data as a data source. Data is examined by means of document studies. Data is analyzed qualitatively. The results of the analysis are presented descriptively. The research results stated the concept of land registration system in Indonesia in an effort to realize legal certainty is to land that has been certified for more than 5 years and no one has sued, so the land must be immediately positively positive. This means that there are no more lawsuits that can be filed by other people. Therefore, it is proper for the government to immediately implement the mandate of Article 32 paragraph (2) PP No. 24 of 1997 as an effort to provide legal certainty for land owners. This needs to be done so that the state truly guarantees legal certainty and legal protection as well as an orderly land administration for both certificate holders and third parties who obtain land rights in good faith.]]>
<![CDATA[THE ROLE OF NOTARIES IN PREVENTING MISAPPROPRIATION OF THE ESTABLISHMENT OF COOPERATION AGREEMENTS FOR THE UTILIZATION OF REGIONAL OWNED ASSETS ]]>
<![CDATA[MAYENDRA, ENDRA]]>;
<![CDATA[HIDAYATI, RAHMATUL]]>
<![CDATA[ Awang Long Law Review Vol. 3 No. 1 (2020): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v3i1.108
<![CDATA[A notary is a public official who is given the authority for attribution by Law to compose an authentic deed. The authority of a Notary is regulated in Article 15 of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of a Notary, which contains all forms of actions, agreements, and provisions required by laws or those desired by the parties in the interest to be stipulated in an authentic deed. The intricacy is, what is the Notary's role in the cooperation agreement for the use of the regional asset to prevent misappropriation from the contract establishment process? The research method used is normative juridical, where the research emphasizes the use of legal norms in writing. The research results show that notaries play an important role in implementing the utilization of regional-owned assets, particularly within the scope of the Notary's authority, i.e., delivering the parties' wishes into a cooperation agreement deed appropriate to the form of utilization activities. Notaries can help create a government archiving system that is safe and structured. This form of support is in the form of a Notary Public, which will automatically become a party outside the government apparatus structure who participates in maintaining important local government documents; this is based on the mandate of Article 16 paragraph (1) letter (b) which states that Notaries must prepare deeds in the form of minuta deeds and store them as part of the Notary protocol. The conclusion is that the role of Notaries in utilizing a regional-owned asset requires Notaries to understand better and study the regulations governing the utilization agreement, as a Notary will face several problems in its implementation in formulating a cooperation agreement between local governments and the third parties. With the Notary's role in preventing misappropriation following the authority to establish contract deeds/authentic deeds, the Notaries can prevent legal problems in the deed establishment process.]]>
