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 ROLE OF LOCAL GOVERNMENT IN PREVENTING EARLY CHILDHOOD MARRIAGE ]]>
<![CDATA[WIWIE HERYANI]]>;
<![CDATA[RATNAWATI]]>;
<![CDATA[ANDI SUCI WAHYUNI]]>;
<![CDATA[ANDI MUHAMMAD ASWIN ANAS]]>;
<![CDATA[ACHMAD DZAKI FIKRI MUSAKKIR]]>;
<![CDATA[AMINA RAHMAD AHMAD]]>
<![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 (518.143 KB)
|
DOI: 10.56301/awl.v4i1.249
<![CDATA[The phenomenon of early marriage that continues to occur is a polemic for the government in the midst of fulfilling the sustainable development goals. The consequences of early childhood marriage have good implications for dropout rates, health, domestic violence, mortality and the ratio of achievement of the human development index. This study purposes to determine the role of local governments in preventing marriage of school-age children. The method used in this research is legal research using the statute approach, conceptual approach and legal principles. The results of the study indicate that the role of local governments is an essential part in organizing the protection and fulfillment of children's rights in order to prevent early childhood marriages. The Child-friendly City/Regency Program coordinated by the Kementerian Pemberdayaan Perempuan dan Perlindungan Anak can help the implementation of child protection to be realized because the program has a program implementation mechanism starting from the planning stage to program evaluation which also involves various stakeholders at the central to regional levels with supervision and involvement. by the community, community organizations, educational institutions and business actors.]]>
<![CDATA[FUNCTION AND DUTIES OF TRADITIONAL INSTITUTIONS IN IMPLEMENTING VILLAGE GOVERNMENT IN LUWU UTARA REGENCY ]]>
<![CDATA[ANDI WINDA SARI]]>;
<![CDATA[AMINUDDIN ILMAR]]>;
<![CDATA[A. SURIYAMAN MUSTARI PIDE]]>
<![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 (324.505 KB)
|
DOI: 10.56301/awl.v3i2.250
<![CDATA[In essence, customary institutions are partners of the village government. This is where the understanding and capability of traditional leaders and officials in a customary institution are needed in carrying out their roles. So that then the existing village government can better understand that the village government itself is carried out with respect and/or based on community initiatives, the rights of origin and traditional rights of the village. This paper analyzes the implementation of the functions and duties of customary institutions in the administration of the Hono Village government. The research method used in the empirical research, namely by examining the implementation of the functions and duties of customary institutions in the implementation of Village Government in Hono Village, Seko District, Luwu Utara Regency and the obstacles to implementing the functions and duties of Traditional Institutions in implementing Village governance in Hono Village, Seko District, Luwu Utara Regency. The types of data used are primary data and secondary data obtained from interviews and documentation. All data collected were analyzed qualitatively. The results showed that the implementation of Village Goverment in Hono Village, Seko District, Luwu Utara Regency has been implemented effectively and efficiently. This is shown by the harmonious cooperation between the traditional Hono village government, Hono traditional institutions and other village officials in developing consensus deliberations for decision making in village deliberations as well as the development of customary values in resolving land disputes and conflicts in the social life arrangements of the indigenous Hono community. In addition, the hono customary institution has also carried out functions in protecting the cultural identity and traditional rights of indigenous peoples including marriage and other kinship elements. On the basis of this, it can be concluded that the hono village customary institution has carried out its functions and duties as stipulated in the Minister of Home Affairs Regulation Number 18 Year 2018 concerning Village Community Institutions and Village Traditional Institutions.]]>
<![CDATA[THE IMPLEMENTATION OF THE MAKASSAR CITY OMBUDSMAN DUTIES IN FOLLOWING UP ON MALADMINISTRATION CARRIED OUT BY THE REGIONAL APPARATUS ORGANIZATION ]]>
<![CDATA[ANDI BAU MEDLIN AR]]>;
<![CDATA[HAMZAH HALIM]]>;
<![CDATA[ZULKIFLI ASPAN]]>
<![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 (222.779 KB)
|
DOI: 10.56301/awl.v3i2.251
<![CDATA[This paper analyzes the implementation of the Makassar City Ombudsman duties in following up on maladministration carried out by Regional Apparatus Organizations. This type of research is empirical legal research, 2 (two) types of legal materials that the author uses, namely primary legal materials and secondary legal materials. The data obtained both primary and secondary were analyzed qualitatively and presented descriptively. The results showed that the implementation of the Makassar City Ombudsman Duties in following up on Maladministration at Regional Apparatus Organizations, especially those that occurred at the Department of Population and Civil Registration had been carried out, but was not optimal, because there were still reports related to the same thing that were submitted to the Makassar City Ombudsman in the following year, namely In 2019 to 2020, this means that the Makassar City Ombudsman still needs to improve supervision to prevent maladministration at the Makassar City Education Office and the Makassar City Population and Civil Registry Office regarding the same things that have happened before in the same place.]]>
<![CDATA[IMPOSITION OF MORTGAGE RIGHTS BY THE GRANTOR OF THE GRANT BINDING AGREEMENT OBJECT ]]>
<![CDATA[KARNILLA]]>;
<![CDATA[AHMADI MIRU]]>;
<![CDATA[WINNER SITORUS]]>
<![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 (79.476 KB)
|
DOI: 10.56301/awl.v3i2.252
<![CDATA[This paper analyzes the object of the grant binding agreement made in the presence of a notary public who can be liable to a third party by the granter This study uses a normative juridical approach, namely legal writing done by examining data or library materials which are secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. After the legal materials are collected, they are processed and analyzed using qualitative methods. The research results show that basically, the agreements that have been made based on the provisions of Article 1320 Burgerlijk Wetboek have binding legal force, meaning that the agreements that have been approved and set forth in the form of a binding agreement are laws for those who make them. Therefore, the grant binding agreement made before a notary public even though there has been no transfer of title to land, the object of the grant binding agreement cannot be borne by the grantee to a third party, given the initial purpose of making the agreement deed of the grant agreement is so that real grants can be made.]]>
<![CDATA[LEGAL EFFORTS OF SPECIAL DETACHMENT 88 ANTI-TERROR INVESTIGATORS, POLICE OF THE REPUBLIC OF INDONESIA AFTER THE DECISION OF THE CONSTITUTIONAL COURT NUMBER 130/PUU-XIII/2015 ]]>
<![CDATA[JUANRICO ALFAROMONA SUMAREZS TITAHELU]]>
<![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 (299.757 KB)
|
DOI: 10.56301/awl.v3i2.253
<![CDATA[A process of investigating the existence of a criminal act, especially a criminal act of terrorism, of course, the investigators of Special Detachment (Densus) 88 Anti-Terror Police will seek and collect preliminary evidence based on the provisions, namely at least two pieces of evidence and if all have been collected, the next process is conducting an investigation. Prior to entering into the investigation process, investigators are required to issue a notification letter for conducting an investigation (Surat Pemberitahuan Dilaksanakan Penyidikan/SPDP) to the Prosecutor's Office and the families of suspected terrorists. Prior to the Decision of the Constitutional Court of the Republic of Indonesia Number 130/PUU/XIII/2015, investigators were given 21 days but after this decision was issued and enforced, investigators were only given 7 days to issue the SPDP. So that this becomes an obstacle in terms of collecting preliminary evidence by Investigators of the Anti-Terror Detachment 88 Police because our country has many islands separated by the sea and the geographical conditions of an area that are different from other regions, so inevitably investigators must coordinate with other parties. The Prosecutor's Office is related to this matter, but sometimes the Prosecutor still adheres to the decision of the Indonesian Constitutional Court. So the problem that arises is what legal action was taken by the Investigators of the Anti-Terror Detachment 88 of the Police in issuing the SPDP after the Decision of the Constitutional Court of the Republic of Indonesia Number 130/PUU/XII/2015. The results of the research show that legal efforts in the form of making a cooperation agreement between the Attorney General and the National Police Chief, and revising the Decree of the Head of the Special Detachment 88 Anti-Terror Number: Kep/11/IV/2018, can be an effective solution for the investigators of Densus 88 Anti-Terror Polri to implement the Decision of the Constitutional Court of the Republic of Indonesia No. 130/PUU-XIII/2015.]]>
<![CDATA[LEGAL POSITION OF MEMORANDUM OF UNDERSTANDING IN CONTRACT LAW IN INDONESIA ]]>
<![CDATA[AMIN SLAMET]]>
<![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 (282.311 KB)
|
DOI: 10.56301/awl.v3i2.254
<![CDATA[This paper aims to determine the basic understanding of the MoU and the legal position of the MoU in contract law in Indonesia. The research method used normative legal research, with a statutory approach. Normative research is legal research conducted by researching and reviewing library materials or secondary data. Secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials or non-legal materials, all the collected materials are then analyzed qualitatively, in accordance with the study of the basic understanding of the MoU and the legal position of the MoU in treaty law in Indonesia in this paper. The results of the study indicate that the MoU is a legal document in which it explains the preliminary agreement between the two parties and is the basis for drafting future contracts. In general, MoU are made as the first step in making a cooperation contract or a more binding agreement between two parties. The binding force between the MoU and the agreement is the same, because the MoU is made based on the agreement of the parties who will bind themselves to the contents of the MoU, and is made by fulfilling the legal requirements of an agreement as stipulated in Article 1320 of the Civil Code. The legal basis used in the practice of making and implementing MoUs in Indonesia is based on the principle of freedom of contract in Article 1338 of the Civil Code. The MoU is an indirect statement of approval of its relationship with other agreements, both verbally and in writing. It also shows that the MoU is an engagement because based on Article 1233 of the Civil Code, each engagement is born good because of the agreement.]]>
<![CDATA[Political Capacity Development of Nasdem Party Women Legislator Candidates in the 2019 Legislative Election in South Sulawesi ]]>
<![CDATA[Andi Niniek Paryati]]>;
<![CDATA[Sukri]]>;
<![CDATA[Ariana]]>
<![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 (266.584 KB)
|
DOI: 10.56301/awl.v4i1.255
<![CDATA[This study aims to find out how to develop the capacity of female legislative candidates in the 2019 legislative elections in Makassar City. This study seeks to find out how the capacity building is carried out by political parties for female legislative candidates and see what are the obstacles faced by both political parties and legislative candidates in facing the 2019 legislative elections. This study uses a qualitative descriptive analysis research method. The data used in this study is primary data, data collected or obtained directly through direct observation in the field or the form of direct interviews. Secondary data is data obtained or collected by people researching existing sources. This data is usually from the library or previous research reports. The results of this study indicate that there is capacity building for women candidates carried out by political parties by sending cadres to attend training/workshops/training or discussions about political developments which are usually carried out by both political parties and parties outside the party, in this case, NGOs who are concerned in the field of transformation. political parties as called IRI (International Republic Institute). In addition, there are also briefings conducted by the DPP, these briefings are carried out regularly and periodically. Meanwhile, party officials stated that the debriefing carried out by the DPP for female cadres was based on quotas (usually 2 people were sent). Constraints in the implementation of political education for women cadres of the Nasdem Party in South Sulawesi came from the internal side of women cadres such as the low self-confidence of women in practical politics, family permits, financing of political activities, and the problem of dividing time between party activities and taking care of the family, limited party funds. politics in carrying out political education; a bad image (stereotype) of a less permissive society towards women who are active in parties and; laws and regulations that do not explicitly regulate sanctions for parties that are not serious in carrying out political education for female cadres.]]>
<![CDATA[LEGAL LEGITIMACY OF INDIGENOUS PEOPLES' RIGHTS IN NATURAL RESOURCES MANAGEMENT: THE CASE IN SERAM BARAT ]]>
<![CDATA[JOSINA A. Y. WATTIMENA]]>;
<![CDATA[WILSHEN LEATEMIA]]>
<![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 (291.301 KB)
|
DOI: 10.56301/awl.v4i1.256
<![CDATA[This study purposes to analyze and find out international and national legal documents that have legitimized the rights of indigenous peoples in natural resource management and the reason why the West Seram Regency Government has not formed a regional regulation as a basis for legitimizing the rights of indigenous peoples regarding natural resource management. This type of research is empirical, while still using literature studies based on theories, doctrines and legal norms related to the issues discussed. The nature of the research is explanatory analytical prescriptive by explaining the issues raised based on legal provisions, norms and theories. Then analyzed qualitatively. Based on the research results; The legal legitimacy of indigenous peoples over the management of natural resources as a human right is largely determined by the role of district/city governments which must establish regional regulations. Therefore, the role of the district city government and the district parliament must work together. In fact, the recognition of legal legitimacy for the presence of customary law communities is still ambiguous. On the one hand, recognition of the identity of the indigenous peoples has been carried out, but on the other hand, the use of exclusion under other provisions. Even if it has been fulfilled procedurally and substantively, a legal legitimacy is not necessarily a guarantee that customary law community units are recognized. Considering the more dominant interests of the State over natural resources in the midst of a free market economy and the strengthening of the accumulation of capital power.]]>
<![CDATA[STRENGTHENING COMMUNITY RESILIENCE FROM THE EFFECT OF DRUGS IN UBUD TOURISM VILLAGE ]]>
<![CDATA[I Nyoman Gede Sugiartha]]>
<![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 (180.008 KB)
|
DOI: 10.56301/awl.v4i1.257
<![CDATA[As a higher education institution, Warmadewa University must ensure that it always obeys the Tridharma of Higher Education following the predetermined vision and mission. Now every lecturer is encouraged to be able to package community service activities both in groups and individuals which will later show concern for the community. Community service activities can be carried out by providing enlightenment by providing legal counseling and consultation to the community in various fields of life in the field of environment and tourism. One thing that should be observed is the influence of narcotics in tourist areas in Ubud Village where it is hoped that every member of the community, Banjar Adat is required to have a plan on improving the community from the impact of tourism. This is stated in the formulation of the problem; 1) The dangers of drugs for the community in the development of tourism in Ubud Village 2) The synergy of the community with the National Narcotics Agency with the Police in preventing drug crimes. This service is expected to explain; the dangers of narcotics for community development, and the function of the National Narcotics Agency and the Police in drug crimes in Indonesia. For the community, this service can be used as reference material to learn and find out new things in the legal field, especially criminal law related to drug crimes. Efforts should be pursued and do not hesitate to carry out daily orders against tourists who come to Ubud, this impression is certainly expected for tourists who visit not to be free to bring drugs that are prohibited by the government. Of course, the final result can strengthen the resilience of the community in Ubud Village against the influence of drugs that can damage the resilience both physically and mentally of the community.]]>
<![CDATA[The 2018 Luwu Regency Government Budget Policy and Its Implications for Village Development ]]>
<![CDATA[William]]>;
<![CDATA[Armin]]>;
<![CDATA[Sukri]]>
<![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 (233.794 KB)
|
DOI: 10.56301/awl.v4i1.258
<![CDATA[This study aims to determine the cause of the delay in the process of determining the Regent's Regulation on the financial management of Village Fund Allocation (ADD) and Village Funds and to describe and analyze the 2018 Luwu Regency Government Budget Policy and its Implications for Village Development. This research was conducted in Luwu Regency. This type of research is qualitative. Descriptive approach to make a systematic, factual, accurate description, picture, or painting of the factors, properties, and relationships between the phenomena being investigated. Data were collected through in-depth interviews and literature review. The data were analyzed using policy theory, the concept of policy implications, the concept of regional financial management, and the concept of village development. The results showed the delay in the process of drafting and stipulating the Regent's. Regulation on Financial Management of Village Fund Allocation (ADD) and Village Funds in Luwu Regency in 2018 due to central regulations that were always late and frequently changed so that the stipulation of the Regent's Regulation which should have been set before November was not per with expectations. The Implications of the Delay in the Regent's Regulation on Financial Management of Village Fund Allocations and Village Funds greatly impact villages in Luwu such as village government activities in carrying out government, development, and community services.]]>
