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[A REVIEW OF THE RIGHTS OF THE SECOND WIFE WHICH THE MARRIAGE IS CONDUCTED WITHOUT THE CONSENT OF THE FIRST WIFE TO DEMAND THE OBLIGATION OF THE HUSBAND IN THEIR LAW OF DIVORCE ]]>
<![CDATA[Sukam Permana, Yana]]>
<![CDATA[ Awang Long Law Review Vol. 3 No. 2 (2021): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (217.836 KB)
|
DOI: 10.56301/awl.v3i2.139
<![CDATA[Divorce is the breaking of the marriage rope between husband and wife in a family relationship. So that the divorce must be preceded by a marriage that is legal according to the laws of each religion and belief. If the marriage is illegal or does not have legal force such as the case in the East Jakarta Religious Court decision Number 495/Pdt.G/1996/PA-JT, then the marriage is about to break up with the filing for divorce, then the judge should reject the divorce suit. because the second marriage was carried out without the permission or consent of the first wife. Even though that permission or agreement is a condition for every second marriage for which permission is to be asked to the Religious Court. A second marriage that is carried out without the permission of the Religious Court is invalid or has no legal force as stated in article 4 of Law Number 1 of 1974 concerning Marriage and Articles 40 and 44 of the Republic of Indonesia Government Regulation. 9 of 1975 concerning the Implementation of the Marriage Law No. 1 of 1974 and article 56 verses 1 and 3 of the Compilation of Islamic Law. Thus it is obligatory for a husband who wants to marry both of them to first ask for permission to the Religious Court.]]>
<![CDATA[DEVELOPMENT OF NATIONAL LEGAL DEVELOPMENT IN THE FRAMEWORK OF HEART TRANSPLANTATION IN INDONESIA ]]>
<![CDATA[Yasarman]]>
<![CDATA[ Awang Long Law Review Vol. 3 No. 2 (2021): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (217.73 KB)
|
DOI: 10.56301/awl.v3i2.140
<![CDATA[Responsive Pancasila law that nurtures and protects can be realized if the law is able to provide a sense of security and peace to the life of the nation and state and to the people as a whole. The law becomes a place of protection and protection for the people from actions that threaten and destroy the sense of security, peace and human rights. Just law based on Pancasila is a formulation of justice that is carried out in Indonesian society, which is justice which emphasizes the balance between rights and obligations, namely the right to enjoy the results of development with the obligations of darma and service. With this formulation of justice, the development of national law in the constitutional state of Pancasila basically aims to protect: (1) the entire Indonesian nation, (2) all Indonesian blood, (3) the ideals and goals of the Indonesian nation, (4) Indonesian society and individuals (5) soul, individual freedom, honor, and property, (6) implementation of development (law must function as a means of supporting the development of modernization and comprehensive development).]]>
<![CDATA[THE EFFECTIVENESS OF INTERCULTURAL COMMUNICATION ON WIDYAISWARA WITH STUDENTS IN SOUTH SUMATRA PROVINCE ]]>
<![CDATA[Prihatini, Lishpsari]]>
<![CDATA[ Awang Long Law Review Vol. 3 No. 2 (2021): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (203.275 KB)
|
DOI: 10.56301/awl.v3i2.141
<![CDATA[Widyaiswara is a Civil Servant (PNS) who is appointed as a functional official by an authorized official with the duties, responsibilities, authority to educate, teach, and / or train Civil Servants (PNS) at government education and training institutions. Widyaiswara is a job related to education and training for ASN Dan employees. Widyaiswara must be able to have a skill, namely communication skills, especially communication between cultures. Similarities of Teachers, Lecturers Lecturers If all this time teachers have carried out educational tasks that teach and educate school children from elementary to high school levels, then it is different for their lecturers to also carry out the task of educating and teaching students who study at a university or campus. While widyaiswara has the main task of carrying out education, teaching and training (Dikjartih) for ASN employees so widyaiswara's main task is to educate, teach and train employees of the state civil apparatus in this country through both pre-service training, leadership training and other functional and technical training. the progress of the government bureaucracy in this country also depends on the role of widyasiwara throughout Indonesia. Widyaiswara is a teacher who carries out an activity called Teaching, Teaching and Training (Dikjartih). As an illustration, we devote this paper to the lecturers who we observe on a micro level who consist of various scientific disciplines and various cultures.]]>
<![CDATA[RESTORATIVE JUSTICE AGAINST CHILDREN AS CRIMINAL ACTORS ]]>
<![CDATA[Burhanudin, Ohan]]>;
<![CDATA[Manan, Abdul]]>;
<![CDATA[Yusuf Hasibuan, Fauzie]]>;
<![CDATA[Lina, Ramlani]]>
<![CDATA[ Awang Long Law Review Vol. 3 No. 2 (2021): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (300.458 KB)
|
DOI: 10.56301/awl.v3i2.142
<![CDATA[In applying the concept of restorative justice, especially in juvenile criminal justice, the Government and the DPR need to prepare a legal umbrella. Currently, Law no. 3 of 1997 concerning Juvenile Court has not accommodated the principles of restorative justice. In the international world, there are many references that can be used. Apart from the Convention on the Rights of the Child, there are also the Beijing Rules (UN Standard Minimum Rules for the Administration of Courts for Children, 1985); Havana Rules, Tokyo Rules (UN Standard Minimum Rules for Non-Custodial Measures, 1990), and Riyadh Guidelines (United Nations Guidelines on the Prevention of Delinquency in Children, 1990). The absence of a law does not actually leave judges with no ground at all. The Supreme Court is the party that signed the Joint Decree with five other state institutions on 22 December 2009 concerning the Handling of Children in Conflict with the Law (ABH). This is to create integration in efforts to resolve cases of ABH handling which are carried out in a coordinated manner by law enforcement officials and all related parties.]]>
<![CDATA[THE SETTLEMENT OF DEFAULT IN SHOPEE PAYLATER ELECTRONIC AGREEMENTS ]]>
<![CDATA[Nursafitri, Hutami]]>;
<![CDATA[Nurul Intan Sari D, Siti]]>
<![CDATA[ Awang Long Law Review Vol. 3 No. 2 (2021): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (251.855 KB)
|
DOI: 10.56301/awl.v3i2.143
<![CDATA[Information technology-based lending and borrowing facilities such as Shopee Paylater actually have many conveniences for its users. Shopee Paylater is a form of money lending and borrowing services regulated in Article 1 number (3) of the Financial Services Authority Regulation (Peraturan Otoritas Jasa Keuangan/POJK) No. 77/ POJK.1/2016 concerning Information Technology-Based Lending and Borrowing Services. Although the form of the Shopee Paylater agreement is not written, the Sunservanda Pacta principles contained in Article 1338 paragraph (1) of the Civil Code are still valid. In practice, the Shopee Paylater has quite a lot of problems regarding breach of contract by Shopee Paylater users. Researchers are interested in discussing forms of breach of contract arising from the Shopee Paylater electronic agreement and efforts to resolve disputes that arise. The type of research used in this research is normative juridical research by examining literatures such as law and regulations. This study uses secondary data. The results obtained in the practice of information technology-based lending and borrowing services are two types of breach of contract, namely those who are not doing what they are determined to do and those who do what is promised but once it is overdue. The settlement of the Breach of Contract on the Shopee paylater electronic agreement has been stated in the terms and conditions which are carried out by deliberation to reach a consensus, but if its still has not reach a consensus, it can be resolved by final level settlement through arbitration in Indonesia organized by the National Arbitration Board (Badan Arbitrase Nasional Indonesia/ BANI).]]>
<![CDATA[THE IMPLEMENTATION OF PROOF SYSTEM IN THE CRIMINAL ACT OF DOMESTIC VIOLENCE ]]>
<![CDATA[Ayu Astari, Sindi]]>;
<![CDATA[Harefa, Beniharmoni]]>
<![CDATA[ Awang Long Law Review Vol. 3 No. 2 (2021): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (212.852 KB)
|
DOI: 10.56301/awl.v3i2.144
<![CDATA[Domestic Violence is any act committed against a person, resulting in the onset of physical, sexual, psychological, and/or domestic abuse. As we understand it, domestic violence crimes are common in the personal sphere and often lead to the absence of witnesses other than victims who make it difficult to prove. This research aims to determine the regulations related to the settlement of domestic violence and to find out the application of the system of proving domestic violence crimes. This research was conducted by normative juridical research methods. The legal source used is a secondary legal source. The approach used is the statute approach and case approach related to the problem. The results of this study explain that the regulation stipulated in the domestic violence crime stipulated in The Law of the Republic of Indonesia No. 24 of 2004, in establishing a person to be a defendant in a domestic violence crime with the testimony of one witness and supported by one other valid evidence, is proven by the Verdict No. 131/Pid.Sus/2017/PN Pre.]]>
<![CDATA[PRINCIPLES OF RESPONSIBILITY OF BUSINESSES FOR THE ADDITION OF EXONERATION CLAUSULES IN ELECTRONIC TRANSACTIONS THROUGH INTERNET WEBSITES REVIEWED FROM THE LEGAL PERSPECTIVE OF CONSUMER PROTECTION ]]>
<![CDATA[Bisma]]>
<![CDATA[ Awang Long Law Review Vol. 3 No. 2 (2021): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (335.358 KB)
|
DOI: 10.56301/awl.v3i2.176
<![CDATA[In this study the focus on exoneration clauses in online / online site electronic transactions can place an unbalanced position between businesses and consumers. Business actors freely include exoneration clauses in online / online sites for the purpose of legal protection for the business actors themselves. Thus, this dissertation research is research on "Principles of Business Responsibility for Inclusion of Exoneration Clauses in Electronic Transactions Through Internet Sites Judging from the Perspective of Consumer Protection Law. The results of his research are firstly, the position of the exoneration clause in business transactions through internet sites (online) in Indonesian law is located in the field of civil law as part of the contract law, so that Article 1320 of the Civil Code applies to the legal conditions of an agreement. Second, the form of responsibility of business actors to consumers in business transactions through internet sites (online) to gain access to responsibilities adapted by Law Number 8 of 1999 concerning Consumer Protection by giving compulsory business actors to pay compensation for defective products. Article 19 paragraph (1) UUPK. Thus, the UUPK allows consumers to submit a claim to business actors to take responsibility for the losses they suffer. Third, the ideal arrangement related to business transactions through internet sites that provide more sense of protection for consumers. based on research, in Indonesia there are many settings specifically for electronic transactions. Related regulations can be found by interpreting these regulations into an understanding of electronic transactions or linking one rule to another. the form of responsibility of business actors to consumers in business transactions through internet sites (online) to gain access to responsibilities adapted by Law Number 8 of 1999 concerning Consumer Protection by giving compulsory business actors to pay compensation for defective products. Article 19 paragraph (1) UUPK. Thus, the UUPK allows consumers to submit a claim to business actors to take responsibility for the losses they suffer. Third, the ideal arrangement related to business transactions through internet sites that provide more sense of protection for consumers. based on research, in Indonesia there are many settings specifically for electronic transactions. Related regulations can be found by interpreting these regulations into an understanding of electronic transactions or linking one rule to another. the form of responsibility of business actors to consumers in business transactions through internet sites (online) to gain access to responsibilities adapted by Law Number 8 of 1999 concerning Consumer Protection by giving compulsory business actors to pay compensation for defective products. Article 19 paragraph (1) UUPK. Thus, the UUPK allows consumers to submit a claim to business actors to take responsibility for the losses they suffer. Third, the ideal arrangement related to business transactions through internet sites that provide more sense of protection for consumers. based on research, in Indonesia there are many settings specifically for electronic transactions. Related regulations can be found by interpreting these regulations into an understanding of electronic transactions or linking one rule to another.]]>
<![CDATA[DUE TO THE LAW OVERVIEWING THE PACT PRINCIPLE SUNT SERVANDA TOWARDS THE SETTLEMENT OF BANKRUPTCY DISPUTES IN LAW NUMBER 37 OF 2004 CONCERNING BANKRUPTCY AND OBLIGATIONS OF DEBT PAYMENT ]]>
<![CDATA[Devid Feizar Montana]]>
<![CDATA[ Awang Long Law Review Vol. 4 No. 1 (2021): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (380.189 KB)
|
DOI: 10.56301/awl.v4i1.236
<![CDATA[The settlement offered by the debtor to the creditor is basically to settle debt disputes and claims out of court. As it is known that in the case of bankruptcy, namely the existence of a process of implementing the provisions of Article 1131 and Article 1132 of the Civil Code, which aims to divide the assets of the debtor fairly, it is intended that creditors obtain prior implementation (pari passu) than others, as well as creditors obtain greater repayments. to others (prostata). However, the provisions of Article 303 of the UUK and PKPU of course raise problems regarding the legal force of the principle of the sunt servanda agreement in the form of an arbitration clause that is relevant for bankruptcy disputes, so as a result of the law violation of the principle of Pacta sunt servanda in bankruptcy disputes. These problems cause legal uncertainty to realize legal certainty as a fundamental value in law. Therefore, in this case, the DPR should immediately review and then revise the UUK and PKPU which are oriented towards prioritizing the Pacta sunt servanda principle in contract law, including business agreements and resulting in bankruptcy. And judges who are expected to better understand the ins and outs of bankruptcy.]]>
<![CDATA[IMPLEMENTATION OF NARCOTICS SPLITSING BY PUBLIC PROSECUTORS IN THE PROSECUTION PROCESS AS AN EFFORT TO EASE OF EVIDENCE ]]>
<![CDATA[Herlina Manullang]]>;
<![CDATA[July Esther]]>
<![CDATA[ Awang Long Law Review Vol. 4 No. 1 (2021): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (344.711 KB)
|
DOI: 10.56301/awl.v4i1.237
<![CDATA[Public Prosecutors often separate criminal case files (splitsing)for indictments with more than one perpetrator for general criminal cases or special crimes such as narcotics crimes. In the case of a criminal act that has been split, the defendants will testify to each other, whose positions are witnesses and defendants. In the implementation of this splitting implementation, it often violates the principles of fast, simple and low-cost justice and the principle of due process of law, but on the one hand this splitting also makes it easier for the Public Prosecutor to prove. The research method is Juridical Empirical, using primary data sources in the form of interviews and secondary data sources from literature, including books and court decisions. In the implementation of splitsing, the authority is fully in the hands of the Public Prosecutor. The separation of case files (splitsing) is not only based on the lack of evidence, but makes it easier for the Public Prosecutor to analyze a case file.]]>
<![CDATA[THE ISSUE OF JUDICIAL COMPETENCE IN THE SETTLEMENT OF SHARIA ECONOMIC INSOLVENCY ]]>
<![CDATA[Dwi Seno Wijanarko]]>
<![CDATA[ Awang Long Law Review Vol. 4 No. 1 (2021): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (166.664 KB)
|
DOI: 10.56301/awl.v4i1.238
<![CDATA[Settlement of bankruptcy disputes, according to Sharia banking law. Based on UUPA No:3 of 2006 related to the authority of the Religious Court to examine sharia economic disputes and based on PERMA No: 2 of 2008 on the Compilation of Sharia Economic Law decided directly by the Supreme Court referring to Law No: 27 of 2004 which appoints about the Commercial Court. Whereas the Religious Court that has the authority of bankruptcy disputes contains elements of Sharia Economics, including Islamic banking. Insolvency Decision No: 7/ Bankruptcy/2011/PU. Niaga JKT PST strengthened MARI Verdict No: 346F/PDT. SUS / Year 2011 which does not consider the existence of PERMA Number: 2 of 2008 on Compilation of Economic Law established by the Supreme Court.]]>
