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
498 Documents
<![CDATA[An Examination of the Citizenship Status of Stateless Foreigners Married to Indonesians ]]>
<![CDATA[Ridha Nikmatus Shahada]]>;
<![CDATA[Muhammad Azzam Alfarizi]]>;
<![CDATA[Lisa Arianti Kusuma Dewi]]>
<![CDATA[ Awang Long Law Review Vol. 4 No. 1 (2021): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v4i1.239
<![CDATA[The existence of Stateless in the territory of Indonesia is quite widely spread in various regions. Some of them are refugees and foreigners who do not have an identity and do not get recognition from the embassies of their home countries. Some of them,stateless live inside rudenim and outside rudenim as stipulated in the laws and regulations. Stateless who live a life outside rudenim not infrequently meets indonesian citizens and they get married. Marriages performed by Indonesian citizens with people who do not have citizenship are questioned because of the unfulfillment of the conditions for the marriage. There are no specific regulations governing this so there is a legal vacuum related to this marriage. Therefore, this research was conducted with normative studies with primarylegal material obtained from laws and regulations such as the 1945 Constitution, Law No. 1 of 1974 on Marriage, Law No. 12 of 2006 on Citizenship, and the Convention Act of 1951. The conclusion of this study is that the marriage conducted is invalid because it is not in accordance with the Marriage Act, the status of stateless person citizenship is not changed to Indonesian citizen, but the citizenship status of the child born can become an Indonesian citizen.]]>
<![CDATA[Cash Waqaf Regulation In Indonesia – An Analysis Towards Zero Hunger During Covid 19 Pandemic ]]>
<![CDATA[Ulya Kencana]]>;
<![CDATA[Nasiibah Ramli]]>;
<![CDATA[Mohd Naqib Hamdan]]>
<![CDATA[ Awang Long Law Review Vol. 4 No. 1 (2021): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v4i1.240
<![CDATA[Cash waqf is an intangible waqf, an innovation of the traditional concept of waqf or Islamic endowment practice. Looking at the potential of cash waqf for the benefit of the society, Indonesian government then regulates it in Law Number 41 of 2004 concerning Waqf together with Indonesian Waqf Board Regulations and other regulations. Cash waqf practice is getting wider acceptance in the society, however its potential has not been fully utilised for the benefit of the society. Reason being is that the allocation of cash waqf is not considered as charity (direct assistance) but instead it is managed productively for business ventures. Besides that, due to overlapping rules on cash waqf, Nazhir of cash waqf are incapable of managing waqf money independently. On top of that Muslim community at large are still unclear with the procedures on how to donate money based on existing laws and regulations. Thus this research aims to Research findings regarding cash waqf regulation for the benefit of the community during the Covid-19 period have not been optimal. Because the allocation of cash waqf is not specifically for overcoming the economy of the people affected by the Covid-19 outbreak.]]>
<![CDATA[THE IMPOSITION OF FINAL INCOME TAX ON MSME BUSINESSES IN THE PERSPECTIVE OF LEGAL JUSTICE ]]>
<![CDATA[Sofian]]>
<![CDATA[ Awang Long Law Review Vol. 4 No. 1 (2021): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v4i1.241
<![CDATA[This research aims to analyze the Imposition of Final Income Tax on MSME Business Actors from a legal justice perspective. The research method used is normative legal research. Research is descriptively analytical. Data collection techniques are carried out by way of literature studies. The results showed that based on the perspective of legal justice against MSMEs in taxation (equity principle), the imposition of the Final PPh is not following the principle of fairness, because it does not reflect the ability to pay. A fair increase is that the greater the income, the greater the tax that must be paid. This is called vertical equity. The income referred to here is net income, that is, after deducting the costs of reducing gross income allowed under the applicable tax provisions. Because the Final PPh is calculated directly from gross circulation, the indulging is following with the concept of justice in the cultivation. How not, the size of the net income of a person or business entity will not affect the amount of taxes that will be paid because taxes are calculated by multiplying the direct rate against gross circulation. Even in a state of loss, with the imposition of final PPh a person or business entity still has to pay taxes.]]>
<![CDATA[COMPARISON OF NATIONAL DEVELOPMENT IMPLEMENTATION WITH/WITHOUT THE OUTLINE OF THE COUNTRY ]]>
<![CDATA[Abdul Kahar Maranjaya]]>;
<![CDATA[Nur Ali Rahman]]>
<![CDATA[ Awang Long Law Review Vol. 4 No. 1 (2021): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v4i1.242
<![CDATA[By returning the GBHN, government administration is more focused, there are checks and balances from other state institutions from the implementation of government and more democratic development because it involves the community through their representatives. This study aims to analyze the comparison of the implementation of national development with/without the Outlines of State Policy (Comparative Study of Government 1973-1999 and Government 1999–Present). the most important is the binding force and the value of the constitutionality of each policy. Then take the opportunity to revive the GBHN as the basis for National Development. This type of research is normative legal research because this research is intended to analyze secondary data related to the authority of the People's Consultative Assembly in determining the policies of the national development plan. In normative legal research, only library materials or secondary data include primary, secondary, and tertiary legal materials. Based on the type and nature of the research determined, the data analysis used was qualitative analysis. The results of this study conclude that reviving the GBHN in state administration is a national development solution in the form of a GBHN that does not conflict with the presidential system of government. By placing the GBHN as the Principal Directions of State Policy in the 1945 Constitution and not using it as a means of accountability for the President and Vice President.]]>
<![CDATA[Analysis of Land Certificates issued by the Village Head Against Land Objects Formerly Owned by Customs in Kupang Regency, NTT ]]>
<![CDATA[Jelian Isra Risandy]]>
<![CDATA[ Awang Long Law Review Vol. 4 No. 1 (2021): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v4i1.243
<![CDATA[documents needed in the registration is a Land Certificate issued by the Village Head. In terms of granting land certificates, sometimes problems arise in the community. Where the provision of the letter is not in accordance with the ownership or physical control of the former customary land controlled by the community. For example, the land area is not suitable and sometimes the letter is not given to people who are entitled to receive a land certificate, as proof of land ownership or control of land that was previously owned by adat. This study uses a type of empirical juridical research with a research location in Kabupaten Kupang, NTT, regarding the analysis of land certificates issued by the village head. The population and sample used purposive sampling technique with the types and sources of data obtained from primary data and secondary data. The technique of collecting Legal Materials uses Field Research. Furthermore, the collected legal materials are then analyzed qualitatively descriptively. Land Certificate issued by the Village Head The Village Head is a valid evidence. The Village Head is given a direct mandate by law to issue a Land Certificate in accordance with the location of the former customary land object owned by the community for various purposes, for example for registration of Property Rights certificates to the National Land Agency (BPN) according to Circular No. 9/SE /VI/2013 concerning Certificate of Ex-Indigenous Land. In addition, for the purpose of buying and selling land based on Government Regulation Number 24 of 1997 concerning Land Registration. As well as proof of the temporary ownership rights for the former customary land object if the community has not had time to register it with the National Land Agency. For the purpose of buying and selling or transferring rights to former customary land, the legal force of a land certificate issued by the Village Head, in the event that this land sale and purchase transaction is based on Government Regulation Number 24 of 1997 concerning Land Registration, will have more legal force if it is known by the The sub-district head as the official making the land deed, with a legal basis based on the Elucidation of Article 7 paragraph (2) and Article 39 paragraph (1) letter (b) number (1) and number (2) Government Regulation Number 24 of 1997 can be categorized as the basis for the rights proposed as completeness of the requirements for the application for land rights.]]>
<![CDATA[OMNIBUS LAW COPYRIGHT WORK REVIEWED FROM THE PHILOSOPHY OF LAW ]]>
<![CDATA[Sofian]]>;
<![CDATA[Rasji]]>
<![CDATA[ Awang Long Law Review Vol. 4 No. 1 (2021): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v4i1.244
<![CDATA[This research aims for omnibus law copyright work reviewed from the philosophy of law. The research method used is normative legal research. Research is descriptively analytical. Data collection techniques are carried out by way of literature studies. The results of the study showed the Omnibus Law Copyright Work Reviewed From the Philosophy of Law, it is seen that the Law to be created through the establishment of omnibus copyright law only pursues legal certainty in the field of the investment itself and forgets the principle of justice. Where the government's current goal continues to encourage the entry of foreign investors into the country, this can be seen from the onslaught of government actions, including omnibus law regulations and policies. Omnibus Law is known in Indonesia after the President of Indonesia delivered it in a state of the nation address at his inauguration as President before the MPR session on October 20, 2019. Omnibus law is the focus of the president to solve the problem of overlapping regulations and bureaucracy. The hope is that the omnibus law can provide good service for the community and attract foreign investors to invest in Indonesia.]]>
<![CDATA[EMPLOYMENT SOCIAL INSURANCE ARRANGEMENTS FOR ONLINE TRANSPORTATION DRIVERS BASED ON A PROGRESSIVE LEGAL PERSPECTIVE ]]>
<![CDATA[Muhammad Ramdan]]>;
<![CDATA[Indra Hafit Zahrulswendar]]>
<![CDATA[ Awang Long Law Review Vol. 4 No. 1 (2021): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v4i1.245
<![CDATA[The presence of online transportation provides great benefits because it has created jobs to become online transportation drivers. However, there are many problems regarding online transportation drivers due to the lack of regulations governing them, one of which is regarding Social Insurance. This research is normative legal research, data collection technique is done by literature study, and data analysis is done by the descriptive method. The results of the study show that social insurance regulations for online transportation drivers need to be made immediately. This is important to be noticed by the government because online transportation drivers do not get the rights that workers get in the Manpower Act, one of which is the right to obtain social insurance. That is because the legal relationship between the online transportation application provider company and the online transportation driver is not classified as a "work agreement", but a "partnership agreement". The problem of the legal vacuum can be viewed from the perspective of progressive law known as the spirit of "law for humans". Social insurance regulations for online transportation drivers need to be made immediately considering the great work risks that online transportation drivers have to face.]]>
<![CDATA[Tempe Lake Management Policy in Wajo Regency ]]>
<![CDATA[Besse Sahriana Darti]]>;
<![CDATA[Muhammad]]>;
<![CDATA[Ariana]]>
<![CDATA[ Awang Long Law Review Vol. 4 No. 1 (2021): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v4i1.246
<![CDATA[This study aims to explain and analyze the process of implementing the revitalization of Lake Tempe in Wajo Regency. In addition, to find out what factors in the revitalization process that encourage the emergence of conflict in the handling of Lake Tempe. This study uses a qualitative method with a descriptive approach. The data used in this study are primary data obtained from interviews and secondary data collected through literature review and documentation. The data analysis method used is descriptive analysis of the results of interviews based on the theoretical framework used in this study. The theory used is the Policy Perspective, Conflict Theory, and the Concept of Revitalization. The results of the study show that the existence of a policy process is one form of handling that has been carried out by the Ministry of Public Works and Public Housing through the Wajo Regency government in the context of the implications of Lake Tempe by carrying out the revitalization of Lake Tempe. The government by way of the Tempe Lake revitalization program received different responses from the community which prompted the emergence of conflicts. The factors in the revitalization process that led to conflicts in the handling of Lake Tempe are: There are differences in perceptions of water levels, changes in patterns and utilization of Lake Tempe resources, There are fears of decreasing income.]]>
<![CDATA[RATIO LEGIS RIGHTS MATERIAL TEST OF THE SUPREME COURT IN PERMA NUMBER 1 OF 2011 ]]>
<![CDATA[Sonya Claudia Siwu]]>
<![CDATA[ Awang Long Law Review Vol. 4 No. 1 (2021): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v4i1.247
<![CDATA[Judicial power is the last bastion in upholding the rule of law. The Supreme Court as one of the holders of judicial power in Indonesia is expressly specified in Article 24 A Paragraph (1) of the 1945 NRI Constitution has the authority to test the laws and regulations under the law. The authority of the Supreme Court is further regulated in Article 20 paragraph (2) letter (b) of Law No. 48 of 2009 concerning the Power of Justice; and Article 31 A of Law No. 3 of 2009 on The Second Amendment of Law No. 14 of 1985 concerning the Supreme Court; and in Article 9 paragraph (2) of Law No. 12 of 2011 concerning the Establishment of Laws and Regulations (P3). Furthermore, to exercise its authority, the Supreme Court has enacted Supreme Court Regulation (PERMA) Number 1 of 2011 on Materil Test Rights. The Supreme Court's policy dictates that the trial is conducted behind closed doors with a limited time consideration of only 14 days while the case that goes to the Supreme Court is very much. In the development of the policy of carrying out the trial of material test rights behind closed doors drew criticism and rejection with arguments negating the sense of justice in the judicial environment. In this paper the authors try to look back at how PERMA Number 1 of 2011 was applied in a material test trial against the laws and regulations under the Act. The research method used in the discussion is to use the approach of norms, principles, theories, and concepts. In the end, the conclusion in this article is in order to realize justice, certainty and legal expediency and the independence and impartiality of judicial power in Indonesia as the last bastion of law enforcement, it is felt that changes are needed to PERMA No. 1 of 2011.]]>
<![CDATA[COMPARISON OF ARRANGEMENTS FOR THE CRIME OF CATTLE THEFT ACCORDING TO THE CRIMINAL CODE AND THE DRAFT CRIMINAL CODE ]]>
<![CDATA[MUH. HASRUL]]>;
<![CDATA[HAERANAH]]>;
<![CDATA[SYARIF SADDAM RIVANIE PARAWANSA]]>;
<![CDATA[AUDYNA MAYASARI MUIN]]>
<![CDATA[ Awang Long Law Review Vol. 4 No. 1 (2021): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v4i1.248
<![CDATA[The crime of cattle theft is regulated in Article 363 paragraph (1) number 1 of the Criminal Code, where the qualification of this crime is categorized as a crime against property. The cattle theft is included in the theft by weight or qualified theft. Based on the formulation of the elements regulated in Article 363, cattle theft is qualified as a formal offense. Meanwhile in the Draft Criminal Code, the cattle theft is still regulated in Article 483 paragraph (1) point c. However, in contrast to the formulation in the Criminal Code, the cattle theft has expanded not only regulated cattle but also goods that are a source of livelihood or a person's main source of livelihood.]]>
