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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 498 Documents

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PROTECTION OF PERSONAL DATA ON WHATSAPP IN THE PERSPECTIVE OF LAW NO. 19 OF 2016 ABOUT ELECTRONIC INFORMATION AND TRANSACTION (ITE) Kirana, Yanti; Basyarudin
Awang Long Law Review Vol. 3 No. 2 (2021): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Rapid technological progress in the field of communication has led to many innovations and new ideas, ideas that aim to make the process of human communication more effective. One innovation that facilitates the communication process is a cell phone or commonly abbreviated with the word mobile. The emergence of various smartphones such as Blackberry, Android, Iphone, Windows Phone and Symbian S60 is an example of technological sophistication in the form of cellphones. From the various types of smartphones that are available, many of them offer advanced application features such as the instant messenger service application, "WhatsApp Messenger". WhatsApp Messenger as a communication tool is used by all groups, including teenagers who are inseparable from the need for communication. This study uses a survey method, a questionnaire that used in survey activities with a focus on the use of ICT by households and individuals is a direct survey of households and individuals to conduct face-to-face interviews (respondents) with respondents using a list of questions (questionnaire). Keywords: Psychology and Professional Ethics. An empirical juridical approach is carried out with field research aimed at the application of criminal procedural law in criminal cases. Normative juridical approach or library approach. The data that has been obtained is processed through the editing process, such as the process of checking and re-checking the data from the journal results and compiled systematically and in detail for further presentations in the journal " PROTECTION OF PERSONAL DATA ON WHATSAPP IN THE PERSPECTIVE OF LAW NO. 19 OF 2016 ABOUT ELECTRONIC INFORMATION AND TRANSACTION ( ITE ) ". Based on the identification of the above problems, the problem formulation can be raised as follows: 1. How to use Whatsapp Messenger as a medium of interpersonal and community communication? 2. Are there law sanctions for someone who prints a talk on the WhatsApp screen group? That people actively search for certain media and certain content to produce certain satisfaction (results). that individuals or communities use media and mass media content to meet certain needs that can provide satisfaction for them. so that individuals or audiences have greater freedom to choose and determine media content and media that can provide satisfaction, compared to the power of the media to influence them.

REFORMULATION OF BUMN REGULATIONS: REINVENTION STRATEGY FOR BUMN EMPOWERMENT FOR PEOPLE WELL-BEING Gunawan Nachrawi
Awang Long Law Review Vol. 3 No. 2 (2021): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

State-Owned Enterprises (BUMN), which is one of the concrete manifestations of Article 33 of the 1945 Constitution, has a strategic position for improving the welfare of the people. However, the extent to which BUMN is able to become a state tool to improve the welfare of the people and the nation depends on the level of efficiency and performance of the BUMN itself. Efforts to reformulate BUMN arrangements are needed so that the objectives of BUMN reinventing in the form of restructuring, provocation and privatization can run well so that efficiency efforts of BUMN that are globally competitive can be carried out properly. Currently there are 107 SOEs, previously in 2010 there were 142 SOEs. The problem is, what is the reinvention strategy for empowering BUMN for the welfare of the people? Analysis and reformulation of Law Number 19 of 2003 concerning State-Owned Enterprises, especially the regulation regarding the efficiency and effectiveness of BUMN as a fundamental and sustainable public company. Efforts to streamline the number of BUMNs from 107 to 40 companies with 12 holding companies throughout Indonesia should be regulated in advance in law. Matters that need to be regulated include orientation, vision and mission, strategy, merger, consolidation, acquisition, dissolution, and matters relating to reinvention including making BUMN go public and world class.

DATE OF HATE IN SOCIAL MEDIA (FACEBOOK) ACCORDING TO LAW NUMBER 19 OF 2016 CONCERNING ELECTRONIC INFORMATION AND TRANSACTIONS Yolanda, Nina
Awang Long Law Review Vol. 3 No. 2 (2021): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Hate Speech is "The act of communication carried out by an individual or group in the form of provocation, incitement, or insult to other individuals or groups in terms of various aspects such as race, color, gender, disability, sexual orientation, citizenship and so on. Other problems in this thesis, namely: 1. Forms of Hate Speech on Social Media. 2. Government authority for the operation of Electronic Systems that violate the law. Hate Speech (Hate Speech) on social media (Facebook), namely forms of Hate Speech, namely insulting, defamation, defamation, unpleasant actions, provoking, inciting, spreading fake news.

LAW ENFORCEMENT IN THE SETTLEMENT OF HEALTH DISPUTES THROUGH MEDIATION EFFORTS Priyambodo, Agus
Awang Long Law Review Vol. 3 No. 2 (2021): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

The legal relationship between medical personnel and patients in carrying out their services as health workers is often passed by an incident where health workers ignore a patient's right until a problem or dispute arises. Mediation is one form of alternative dispute resolution (ADR) or alternative dispute resolution outside the court. This mediation is considered to be more beneficial for the parties because the mediator does not have the authority to decide, but only acts as an intermediary for an agreement made by the parties. The advantage of using mediation channels is that the procedure is simple, effective, inexpensive, the decision is still under the control (control) of the disputing parties. Regulations regarding medical malpractice dispute resolution through mediation are regulated in Law Number 36 Year 2009 Article 29 concerning Health "In the event that a health worker is suspected of negligence in carrying out his profession, the negligence must be resolved first through mediation".

THE IMPLEMENTATION OF THE DEATH PENALTY IN CORRUPTION Hamongan, August
Awang Long Law Review Vol. 3 No. 2 (2021): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Corruption is an extraordinary crime that has an impact on losses and the country's economy so that it has a negative impact on the welfare and welfare of society. Various criminal sanctions have been imposed on the perpetrators, but these sanctions have not provided a deterrent effect. The emergence of the discourse on capital punishment as an effort to provide a deterrent effect and efforts to prevent corruption raises pros and cons. Those who support capital punishment argue that capital punishment needs to be applied as an effort to protect the welfare of the people. On the other hand, the death penalty violates human rights. Therefore this paper examines the position and role of capital punishment as a sanction against corruption. This study uses a juridical normative method. Capital punishment as a sanction against perpetrators of corruption can be carried out on the condition that the sense of justice in society is fulfilled as a preventive measure. The position of the death penalty is appropriate for the implementation of corruptors as a crime against the sense of justice and detrimental to the fulfillment of the welfare and prosperity of the community.

POSITION OF HAKAMAIN IN DIVORCE ON THE REASON OF SYIQAQ ACCORDING TO LAW NUMBER 50 OF 2009 AMENDMENT OF LAW NUMBER 3 OF 2006 AMENDMENT OF LAW NUMBER 7 OF 1989 Rokhim, Abdul
Awang Long Law Review Vol. 3 No. 2 (2021): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

The purpose of the marriage is in fact, not a few couples who experience shocks - shocks in building their household, which can eventually find failure in their marriage. Failure to build a household usually ends in divorce. Although the families of both parties have tried to reconcile and improve the couple so that the couple does not experience divorce. One of the reasons for the divorce is due to the couple having quarrels and disputes constantly so that it can not be reconciled. The quarrel between the husband and wife may be due to Nusyuz's wife (disobedient) or it may also be due to the husband behaving badly towards his wife so that the husband and wife can no longer be reconciled. This is as confirmed in the Compilation of Islamic Law in article 116 letter (f) Jo PP No. 19 of 1975 in the Letter (f) that is the occurrence of continuous quarrels, This continuous quarrel in Islamic law is called "syiqaq". Especially in the case of syiqaq in accordance with the provisions of Article 76 paragraph (2) of Law Number 7 of 1989 Amendment to Law Number 3 of 2006 Second Amendment of Law-Law Number 50 of 2009, then the panel of judges may appoint each judge from the family the plaintiff as well as the defendant's family. The jury was asked to be more sensitive to whether there were any indications that the plaintiff and defendant could be reconciled with the presence of the family. From the examination it is intended to be clear to the jury about the reasons for the dispute and quarrel, where the judge makes an intervening decision and sends to each of the plaintiffs and defendants to return with the family at a time determined by the jury.

NEPOTISM PRACTICES AS CORRUPT BEHAVIOR BASED ON A CRIMINOLOGICAL PERSPECTIVE (CASE STUDY OF PELANGI VILLAGE, SIDODADI VILLAGE, SAMARINDA CITY) Thamrin, Husni; Linanda, Ayu
Awang Long Law Review Vol. 3 No. 2 (2021): 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.v3i2.134

The practice of nepotism is still unfamiliar to the people recognizing it as corrupt behavior, however, the community often does it unconsciously. The paradoxical paradox that teaches the practice of nepotism and obscures existing legal norms is the main reason for society to distort nepotism as a corrupt behavior that impacts people's attitudes that seem to discriminate against nepotism. This certainly injures the meaning of nepotism itself when viewed from a criminological perspective. Therefore there needs to be further research on this subject which must be studied from a criminological perspective. In this research, it is oriented to Pelangi Village, Sidodadi Village, Samarinda City as a case study to analyze the pattern of people's behavior towards the practice of nepotism as corrupt behavior which is analyzed based on a criminological perspective. The purpose of this research is to study and analyze the development of nepotism practices as corrupt behavior in the community based on a criminological perspective in Kampung Pelangi, Sidodadi Village, Samarinda City as a case study. This research is an empirical legal research. The technique used in this research is Simple Random Sampling, and data collection techniques are carried out through Field Research and Library Research, with data analysis methods using quantitative descriptive methods.

APPLICATION OF BASIC PACTA SUNT SERVANDA IN COOPERATION AGREEMENT BETWEEN PT SURYA CIPTA SWADAYA AND PT LAMPIRI DJAYA ABADI Swandaru, Danang
Awang Long Law Review Vol. 3 No. 2 (2021): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

The principle of pacta sunt servanda is also called the principle of legal certainty. This principle relates to covenant consequences. The principle of pacta sunt servanda underlines that the judge or third party must respect the substance of the contract made by the parties, as befits a law. The problem in this research is how is the application of the pacta sunt servanda principle in the cooperation agreement between PT Surya Cipta Swadaya and PT Lampiri Djaya Abadi? The research method used is normative juridical using secondary data and analyzed using qualitative methods. The results show that the application of the pacta sunt servanda principle in the cooperation agreement between PT Surya Cipta Swadaya and PT Lampiri Djaya Abadi did not occur. This is due to the absence of fine sanctions given to PT Lampiri Djaya Abadi for default, even though PT Lampiri Djaya Abadi has been proven to have defaulted. Apart from that, the failure to realize the pacta sunt servanda is due to the agreement Number 016 / SCS-EDM / SPP / XI / 2019 concerning repair work / overlay of Surya Utama (Segment 3) Phase I and Surya Utama (Segment 4) Phase II roads between PT. Lampiri Djaya Abadi with PT Surya Cipta Swadaya was made in an underhand agreement, so that no party controls or explains the contents of article by article in the cooperation agreement.

SUPERVISION OF THE FINANCIAL SERVICES AUTHORITY IN THE FIELD OF INVESTMENT IN THE BANKING INDUSTRY BY AN INSURANCE COMPANY Susanto, Wirawan
Awang Long Law Review Vol. 3 No. 2 (2021): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

The role of OJK in the financial services sector is expected to be able to protect the interests of consumers from losses due to services in the financial sector, one of which is Jiwasraya insurance. Problems arise when OJK's supervision of Jiwasraya's insurance is poor, so they don't know that Jiwasraya's insurance has failed to pay due to accounting engineering (window dressing) since 2006, resulting in losses for Jiwasraya insurance customers. The problem in this research is how is the implementation of supervision by the Financial Services Authority in the investment sector in the banking industry by insurance companies? The research method used is normative juridical using secondary data and analyzed using qualitative methods. The results show that the implementation of supervision by the Financial Services Authority in the investment sector in the banking industry by insurance companies still has weaknesses such as the limited supervision held by the Financial Services Authority at the regional level which does not carry out direct supervision, so the central level Financial Services Authority only carries out supervision and examination of reports that have been recapitulated from all branch offices and regional offices of the concerned financial services business actor. This supervision has the potential for unrecognizing violations of investment in the banking industry by insurance companies, as happened in the Jiwasraya case.

REGULATIONTAX CRIMINAL OFACTION AGAINST CORPORATION IN THE DEVELOPMENT CONTEXT OF TAX CRIMINAL DELICT IN INDONESIA Galenso Syarif, Vidi
Awang Long Law Review Vol. 3 No. 2 (2021): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Taxation Crime is in the perspective of material criminal law discussing 3 (three) main problems, namely the formulation of tax crime, tax liability and tax crime solutions. The formulation policy regarding tax crimes is formulated in Articles 38, 39, 39A, 40, 41, 41A, 41B, 41C, 43 and Article 43A, from the formulation of these articles the types of tax crime in the form of violations (culpa) are acts that are not intentionally and a tax crime in the form of a crime (dolus) as an act committed intentionally. Subjects of tax crime are humans and corporations (legal entities). Tax criminal responsibility committed by humans is based on culvability (mistakes), for corporations as tax crime perpetrators, the principle of tax liability is based on the theory of identification, vicarious liability, and strict liability. Criminal sanctions against the tax crime perpetrators only use imprisonment and imprisonment. In order to safeguard state revenues, the formulation of fines against perpetrators of taxation by taxpayers is the main sanction (premum remedium), while imprisonment is formulated as an ultimum remedium (ultimate weapon) sanction. In principle, corporate criminal responsibility in the field of taxation is based on the theory of direct corporate criminal liability, because tax crimes cannot be committed solely on the initiative of corporate employees, but must be on orders from the directing mind or the organ of controlling the corporation. Regarding criminal acts in the field of taxation, the authorities as investigators are certain Civil Servants within the Directorate General of Taxes.

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Otto Fajarianto

Contact Email ofajarianto@gmail.com

Phone -

Journal Mail Official kadarudin.fnu@gmail.com

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

Location Kota samarinda, Kalimantan timur INDONESIA

Abstract

Abstract

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Abstract

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Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Otto Fajarianto

Contact Email
ofajarianto@gmail.com

Phone
-

Journal Mail Official
kadarudin.fnu@gmail.com

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

Location
Kota samarinda,

Kalimantan timur

INDONESIA