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[SINKING OF FOREIGN SHIPS IN INDONESIAN TERRITORIAL WATERS AS AN IMPLEMENTATION OF PENANCE LAWS AND INTERNATIONAL LAW ]]>
<![CDATA[Lea Juliana]]>
<![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.v4i1.259
<![CDATA[Indonesia's geographical territory as an archipelago with a large territorial area of water, so Indonesia has great potentialin the results of its marine resources. This led to the arrival of many foreign fishing boats that passed within the territoryof Indonesia's Exclusive Economic Zone to catch illegal fishing. Illegal fishing that occurs in Indonesia territorial watersresulted in heavy losses. The management and utilization of fish resources in the territorial waters of the State of Indonesia makes it necessary to be supervised by the supervisory task force created by Presidential Regulation No. 115 of 2015. About the Illegal Fishing Eradication Control Unit. As well as surveillance efforts that the Government ofIndonesia in combating illegal fishing with the Indonesian Ministry of Marine Affairs by sinking this ship aims toprovide a deterrent effect. Foreign actors or ships. This has been regulated in Law No. 45 of 2009 on Fisheries. Sinkingof ships in Indonesia in judicial procedures can be done also by assessingthe court process and accompanied by clear evidence. Sanctions for the sinking of foreign ships within Indonesian territorial waters against Indonesia's positivelaws, as well as the linkage of judicial proceedings to the sinking of ships with the law penance and international law. Sinkingforeign ships is a form of application of penance law from sistem Indonesian criminal law, as well as related in Hukum International. Metode yuri research in normative, with comparison of Indonesian law with law in othercountries, namely the Illegal Fishing Law of Malaysia Act 317 and the joint rules Eu countries against foreign ships.The sinking of foreign-flagged vessels that violate Indonesian territorial waters is part of Indonesia's penance laws.]]>
<![CDATA[POSSIBLE ABUSE OF AUTHORITY BY STATE ADMINISTRATIVE OFFICERS IN THE DEVELOPMENT AND IMPLEMENTATION OF PUBLIC POLICIES ]]>
<![CDATA[Mohammad Ilham Maulana]]>;
<![CDATA[Mohammad Alauddin Alex Umein]]>
<![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.v4i1.260
<![CDATA[Power motivated by evil intentions is to have the inherent perfection of power, because power can do what it wants, act on behalf of and for its power on the basis of law. explained that constitutional law in maintaining the rule of law requires its implementation, otherwise power itself is determined by legal boundaries. Therefore, law and authority are not absolute in a society that regulates law in the sense that society is governed by law and no action or power is abused.]]>
<![CDATA[THE EFFECTIVENESS OF ADVALOREM RATE POLICY IN MINIMIZING THE CIRCULATION OF OTHER TOBACCO PROCESSING PRODUCTS (HPTL) ILLEGAL ELECTRIC CIGARETTE LIQUID/E-LIQUID ]]>
<![CDATA[Surono]]>;
<![CDATA[Arfin]]>
<![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.v4i1.261
<![CDATA[One type of Other Tobacco Processing Products (HPTL) in the form of e-cigarette liquid/e-liquid, based on the provisions of PMK Number 146 of 2017, the product is subject to excise duty of 57%, the provisions of which will take effect on July 1, 2018. Along with the times, e-cigarettes or The so-called E-Ciggarette has become a trend among young people, because it carries the label as an alternative cigarette to replace conventional cigarettes (cigarettes). With so many e-liquid sales in circulation, there is also the potential for e-liquid to be sold illegally. The research method used is normative juridical research. The conclusion is the effectiveness of the advalorem tariff policy in minimizing the illegal circulation of HPTL e-cigarette liquids/e-liquids, so a legal system theory is needed. Krecitation in the effectiveness of the advalorem tariff policy in minimizing the illegal circulation of HPTL e-cigarette liquids/e-liquids. Pfirstly, the legal structure, secondly legal substance, thirdly, legal culture and regarding the policy factors for the imposition of maximum advalorem excise rates (57%) by setting basic prices that do not follow market price trends, to HPTL in particular e-cigarette liquid/e-liquid, has created a fairly wide price disparity between the bandrol price (the price determined by the government) and the market price, so that it has the potential to cause circulation e-cigarette liquid/e-liquid illegally.]]>
<![CDATA[REGIONAL REGULATIONS REVIEW IN REALIZING DEMOCRATIC REGIONAL GOVERNMENT: A CONCEPTUAL APPROACH ]]>
<![CDATA[ANDI BAU INGGIT AR]]>
<![CDATA[ Awang Long Law Review Vol. 3 No. 2 (2021): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v3i2.262
<![CDATA[Quality local regulations mean that the legal product is subject to material and technical preparation in accordance with the provisions of the legislation, can solve problems and answer the needs of the community. Good regional regulation should reflect the philosophical aspects related to the principle of justice, sociological relating to the expectation that the regional regulation formed is the desire of the local community, and juridical is related to ensuring legal certainty. One of the controls on regional regulations is the testing of Regional Regulations conducted by judicial review or executive review, or legislative review. The problem is that there are many local regulations that are no longer relevant to current regulations and conditions, conflict with one another, and several other problems in the administration of local government. The research method used is the normative research method, with a conceptual approach. The absence of the concept of testing local regulations in the implementation of the democratic regional government to become a standard testing regional regulations, as a form of supervision of the formation of local regulations. Formers of Regional Regulations namely regional governments together with the Regional People's Representative Assembly (Dewan Perwakilan Rakyat Daerah/DPRD) pay less attention to regional conditions and the provisions of higher legislation in the process of forming Regional Regulations, in addition, the central government informing policies related to regional regulations testing does not stipulate provisions that explicitly regulate any subject/the institution authorized to test regional regulations in order to create good laws and regulations, so that if these conditions continue to occur, it will lead to the implementation of undemocratic local government, therefore it is necessary to conceptualize the ideal testing of regional regulations in the implementation of local government that is democratic.]]>
<![CDATA[NON-PENAL MEASURES AGAINST THE CIRCULATION OF TRADITIONAL LIQUOR "SOPI" DURING COVID-19 PANDEMIC ]]>
<![CDATA[JUDY MARRIA SAIMIMA]]>;
<![CDATA[REIMON SUPUSEPA]]>;
<![CDATA[MARGIE G. SOPACUA]]>
<![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.v4i1.265
<![CDATA[Article 29 paragraph (1) of the 1945 Constitution of the Republic of Indonesia states that the state is based on the One Godhead, but in responding to developments regarding alcoholic beverages, the government cannot do anything. Meanwhile, the right to a healthy environment in human life is a human right which is guaranteed in Article 28 H paragraph (1) of the 1945 Constitution of the Republic of Indonesia which states: "Everyone has the right to live in physical and spiritual prosperity, to have a home and to obtain a good and healthy living environment and the right to obtain health services. The development of the spread or circulation of traditional liquor during the Covid-19 pandemic in Jezirah Lehitu in Negeri Asilulu and Negeri Kaitetu (Kalaili Village) really needs special attention from the government. This is because in society, it is not only adults who consume liquor but also many teenagers who consume it. Consumption of alcoholic beverages is a problem that needs to be tackled together. Alcohol is consumed in traditional activities, religious ceremonies, as well as in daily stalls and local security posts (Pos Keamanan Lingkungan/Poskamling). For this reason, non-penal means are needed to overcome the circulation of traditional liquor in the Negeri Zeith, Negeri Asilulu, and Negeri Kaitetu during the covid-19 pandemic, this can be done in three ways, namely as follows pre-emtive efforts, preventive efforts, and repressive efforts. Governments in these three countries can work together with traditional leaders and religious leaders to convince the public in terms of instilling good values where these values have been displaced by an unfavorable culture and the police need to increase their efforts to supervise the circulation of traditional liquor sopi.]]>
<![CDATA[PEACE (HOMOLOGATION) IN BANKRUPTCY AFTER THE DEBTOR IS DECLARED IN BANKRUPT BECAUSE PEACE (HOMOLOGATION) IN PKPU IS NOT ACCEPTED ]]>
<![CDATA[HORMAN SIREGAR]]>
<![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.v4i1.267
<![CDATA[settle the payment of the debt given by the creditor. Bankruptcy can occur due to 2 (two) things, first because it is filed for bankruptcy, and second because it is requested by PKPU but in PKPU it is not successful in achieving a peace (homologation). In the PKPU Process, the Debtor is given the opportunity to submit a reconciliation plan which contains the condition of the Debtor and the scheme/procedure for payment of debt to be carried out by the Debtor against his Creditors. If the conciliation plan is accepted by the creditor, the debtor's PKPU will end and he can resume his business independently as before. However, if the reconciliation plan proposed by the Debtor is not accepted by the Creditor, the Debtor will fall into bankruptcy. In the event that the Debtor is declared bankrupt, the Curator appointed by the Court will exercise his authority to administer and settle the bankruptcy estate. The problem is, Can the Bankrupt Debtor be able to resubmit the reconciliation plan during the Bankruptcy process and How is the implementation of its authority for the Curator to manage and settle the assets of the Bankruptcy Debtor who proposes reconciliation in Bankruptcy? The purpose of this study is to analyze and find out the Bankrupt Debtor in resubmitting the Peace Proposal in the Bankruptcy Process after the Peace in the PKPU Process failed/not achieved, and to determine the authority of the Curator in managing and settling bankruptcy assets against the Debtor who is submitting a peace plan in the Bankruptcy process. Research Methods using normative juridical research methods. namely library research and analysis of cases. Based on the results of the study, it was concluded that Bankrupt Debtors who had been declared Bankrupt with all the legal consequences could still submit proposals for reconciliation to their Creditors, even though the Peace in PKPU had been submitted but was not achieved. The legal position of the debtor whose bankruptcy has ended due to reconciliation (homologation) returns to its original state of managing and running its business independently.]]>
<![CDATA[CRIMINAL RESPONSIBILITY FOR PERSONNEL PERSONALITY DANGEROUS ]]>
<![CDATA[Firman Wijaya]]>
<![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.v4i1.268
<![CDATA[The ability to be responsible (toerekeningsvatbaarheid) is Article 44 Paragraph (1) of the Criminal Code, which regulates a person 'sontoerekeningsvatbaarheidir’ responsible (matters). Perpetrators of dangerous personalities are perpetrators who are unable to take responsibility, so that their mental personality is disturbed by illness, their mental personality is in an unconscious state, and their mental personality is disabled in their growth. The personality of the soul makes it difficult for his actions to be held accountable for criminal law. The problem is is criminal liability for perpetrators of dangerous personalities? The research method is normative juridical research. The conclusion is that by determining whether there is a responsible capacity (toerekeningsvatbaarheid), that the judge must accept the results of the examination from a psychiatrist about the mental condition of the perpetrator of a crime, because it is the psychiatrist who has the competence to determine this. Then, based on the results of the examination, the judge determines the extent to which the mental condition of the perpetrator affects his actions, and then determines his ability to be criminally responsible for his actions. In the decision that the author is reviewing, namely Decision Number 144/Pid.B/2014/PN.Cj, it is stated that the defendant Pupun Bin Sanusi was legally and convincingly proven guilty of not committing the crime of "murder", but for this act he cannot be held accountable for any reason. forgiveness as intended in the provisions of Article 44 paragraph (1) of the Criminal Code.]]>
<![CDATA[IDEAL RESPONSIBILITY FOR THE PROCUREMENT OF GOVERNMENT GOODS/SERVICES ACCORDING TO THE LEGAL ASPECTS OF STATE ADMINISTRATION ]]>
<![CDATA[NOVI ACHMAD HARYADI TAMHER]]>
<![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.v4i1.270
<![CDATA[The legal responsibility for implementing government procurement of goods/services carried out by state civiland state administrators should be identified first so that they are included in the responsibility for administrative law, civil law, and criminal law. This is because the legal protection for the responsibility of implementing goods and services procurement has not yet been maximized. Government procurement of goods/services is essentially an effort by service users to obtain or realize the goods/services needed, by using certain methods and processes in order to reach an agreement on price, time, and other agreements based on the values and procedures for the procurement of goods and services in force in the country. the government sector, so that it is in accordance with the state's goal of creating general welfare. Procurement actors must be responsible for their duties and authorities as in the stages in the procurement of government goods/services, accountability in the process of procurement of government goods and services must be carried out by procurement actors involved in the government goods/services procurement process. The legal aspects of the process of procurement of government goods and services in addition to criminal law and civil law, there is also state administrative law. Responsibility is a must for someone to carry out what has been required of him. Meanwhile, according to the law, responsibility is a consequence of the consequences of a person's freedom regarding his actions related to ethics or morals in carrying out an act.]]>
<![CDATA[RE-EXAMINATION OF THE DETERMINATION OF LABOR SERVICE SUPERVISORS REVIEW FROM THE PERSPECTIVE OF LAW NO. 30 YEAR 2014 ]]>
<![CDATA[Thamrin, Husni]]>;
<![CDATA[Nason Nadeak]]>
<![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.v4i1.329
<![CDATA[The re-examination of the determination of the Provincial Labor Inspector as regulated in article 28 paragraph 3 of the Regulation of the Minister of Manpower of the Republic of Indonesia No.33 of 2016, which has been changed to Regulation of the Minister of Manpower of the Republic of Indonesia 1 of 2020, is legally no longer valid. Apart from being based on Law no. 30 of 2014, there are also several legal references as the basis for rejecting the re-examination of the determination as regulated in Article 28 of the Regulation of the Minister of Manpower of the Republic of Indonesia No. 33 of 2016, which has been changed to Regulation of the Minister of Manpower of the Republic of Indonesia No. 1 year 2020.]]>
<![CDATA[PENALIZATION THE AUTHORIZER BASED ON THE PARTICIPATION IN THE GRANTING OF POWER OF ATTORNEY ]]>
<![CDATA[PADMA D. LIMAN]]>
<![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.v4i1.338
<![CDATA[The granting of power of attorney is a common thing in the world of commerce and in daily activities. When a person is unable to directly carry out a legal relationship or a legal action, this act can be authorized to another person, as long as the person receiving the power of attorney is a capable person. The consequences arising from the granting of this power of attorney are borne by the power of attorney as long as the recipient of the power of attorney carries out the same actions as those authorized. Meanwhile, if the recipient of the power of attorney carries out an act that exceeds or is not in accordance with the authorized person, the consequences are borne by the recipient of the power of attorney and frees the power of attorney from the responsibility for the actions of the recipient of the power of attorney. This is clearly regulated in Chapter XVI of Burgerlijk Wetboek (BW) concerning the Granting of Power. However, in its implementation, especially in criminal acts of corruption, it is often the case that the power of attorney is also charged with responsibility for the criminal act of the Authorized Person who exceeds the limit of granting the power of attorney or deviates from the grant of the power of attorney given. The basis for punishing the Authorizer is to use the terms of participation (deelneming) or participation as regulated in the Criminal Code. This paper aims to provide a proper understanding of the position of the Authorizer so that there is no criminalization of the Authorizer for the actions of the Power of Attorney that exceed the powers granted, which lead to criminal acts. The writing method used is the normative juridical approach, which clarifies the understanding of the granting of power of attorney, the recipient of the power of attorney and the author of the power of attorney based on the provisions in the BW so that there are no errors in determining the perpetrators of criminal acts based on the Criminal Code. In this paper, firstly, the granting of power of attorney will be followed by participation and finally, criminal liability will be discussed, so that it can be understood that it is appropriate for the attorney to be subject to a crime based on the participation provisions stipulated in Article 55 paragraph (1) number 1e of the Criminal Code, as a result of criminal acts committed by the recipient of the power of attorney.]]>
