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Awang Long Law Review
ISSN : 26557355     EISSN : 26545462     DOI : https://doi.org/10.56301/awl
Core Subject : Social,
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 448 Documents
CONSUMER PROTECTION AS CONCURRENT CREDITORS FOR DISTRIBUTION OF BOEDEL BANKRUPTCY DEVELOPER PROPERTY TYPE OF HOUSING Ayub Fatahillah; Sri Astutik
Awang Long Law Review Vol. 4 No. 1 (2021): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (224.547 KB) | DOI: 10.56301/awl.v4i1.342

Abstract

As a result of a property developer going bankrupt, housing consumers suffer losses, because Article 37 of the Bankruptcy Law & PKPU has not provided the same protection as the Consumer Protection Act. This study aims to determine the position of consumers as concurrent creditors and their legal remedies. This normative legal research is analyzed using the deductive method, which is a way of analyzing that is based on general laws and regulations to find answers to the legal issues studied. The results of the study, that consumers are placed as Concurrent Creditors whose debt fulfillment is paid last. Efforts that can be made so that consumers can become creditors are prioritized by reviewing the rights and obligations in the Sale and Purchase Binding Agreement made based on the Regulation of the Minister of Public Works and Public Housing Number 11/PRT/M/2019 concerning the Preliminary Agreement System for the Sale and Purchase of Houses and based on the Decision Constitutional Court Number 67/PU-XI/2013 on review of Article 95 paragraph (4) of Law Number 13 of 2003 concerning Manpower, which states that, because workers do not participate in business, their payments can be prioritized over other Creditors. The decision can be applied to housing consumers who have already paid the money to the developer.
RETHINKING THE HISTORY: DOES THE PRINCIPLE OF SELF-DETERMINATION ENTAIL A POSITIVE ENTITLEMENT TO SECESSION? Arnita Pratiwi Arifin
Awang Long Law Review Vol. 4 No. 2 (2022): 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.v4i2.673

Abstract

This paper aims to examine further the principle of self-determination as one of the rights in international affairs. It is to identify whether the principle of self-determination provides an automatic right for an integral part of a State to unilaterally secede from the Parent State. This research uses normative and theoretical research. Data collection methods are conducted by tracing and reading through international conventions, laws and regulations, legal literature, international cases, documents, journals, research reports, and online media. The results of this research stated that international law does not provide any legal remedies for people that they may use to exercise their right to self-determination. The reasons are, first, the lack of any basis for such change in international law, and second, there is no point in the rejection to recognize facts not drawn on in the violation of international law. The territorial integrity principle, considered one of the fundamental principles of international law, is the antithesis of secession. Because it involves the capacity of a State to operate and control the functions of the State within its own territory.
THE RIGHT TO REPAIR: A PERSPECTIVE FROM CONSUMER PROTECTION LAW IN INDONESIA Ahmad Fachri Faqi; Fadilla Jamila; Nur Khadijah
Awang Long Law Review Vol. 4 No. 2 (2022): 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.v4i2.674

Abstract

Obstacles to independent repair make the right-to-repair movement grows around the world. The method in this research is normative legal research, which is carried out by library research on the right of repair concept analyzed based on consumer protection law in Indonesia, in addition to conducting a comparative study of the development of the the-right-repair movement in the United States and the European Union to understand the right to repair concept comprehensively. The result shows that several right-to-repair legislative products have been introduced in the United States and the European Union. Consumer protection law in Indonesia based on Law 08/1999 does not expressly stipulate the right to repair as consumers' rights in Indonesia. Consumer protection law in Indonesia is arguably not in consumers' favor since it still allows manufacturers to impose a measure preventing consumers from completing repairs independently.
INDONESIAN OCEAN LEGAL POLITICS Syamsuddin Muhammad Noor; Judhariksawan; Laode Abd. Gani; Birkah Latif; Kadarudin; Nurhidayat Oktafian Noor; Febriyana Mahyuddin
Awang Long Law Review Vol. 4 No. 2 (2022): 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.v4i2.677

Abstract

Indonesia's foreign policy, namely a free and active foreign policy. Free means that Indonesia does not take sides with the forces which are basically incompatible with the national personality, as reflected in Pancasila, and is active in carrying out foreign policy. The acceptance of the Law of the Sea Convention III does not end all maritime disputes. Several problems arose, especially the clash of territorial delimitation between countries, particularly with China, for example regarding the Kwey Fey fishing boat incident. In March 2016, a Chinese fishing vessel, Kwey Fey, was involved in an incident with an Indonesian Marine patrol boat, KM Hiu II in the Natuna Sea. As a result of the incident, Indonesia then took steps to make a declaration, Coordinating Minister for Maritime Affairs Luhut Binsar Panjaitan announced the naming of the waters north northeast of the Natuna Islands as the North Natuna Sea.
LEGAL PROTECTION OF CHILDREN OUT OF MARRIAGE REGARDING THE ACQUISITION OF INHERITANCE RIGHTS BASED ON CUSTOM MARRIAGE ACCORDING TO INDONESIAN LEGAL PERSPECTIVE Vonny Armin; Illie Vicario; Vincent De Paul; Herman Brahmin
Awang Long Law Review Vol 5 No 2 (2023): 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.v5i2.653

Abstract

Marriages are carried out in accordance with applicable customary provisions and the religion adopted is legal according to the Indonesian law. The research method that was used was a qualitative research method. However, this customary and religious marriage without registering it in the Civil Registration is still legal under the law, but it will have an impact on the legal consequences of the child being born. These children will be born with the status of illegitimate child for law administration. This will cause problems in the distribution of inheritance to these children. These children still have thev thev opportunityv to inherit thev propertyv ofv theirv parentsv, if v they varevrecognizedvbyvtheirvfathervand mother. At the same time, they can inherit their mother's property directly in accordance with the law without any acknowledgment at all, because the name listed on their Birth Certificate is a valid proof of heir. Even though they were born as illegitimate children, they are the heirs who are prioritized as the First Class of Heirs. Therefore, legal protection for illegitimate children is needed for their right to receive their parents' inheritance. The result inheritance law protection for children out of wedlock is regulated carefully in the Civil Code, which then the status of children out of wedlock becomes stronger with the existence of Article 43 UUP. The status of this illegitimate child becomes the same as the heir to the first class.
IMPLEMENTATION OF BANKING CREDIT AGREEMENTS RESTRUCTURING DURING THE COVID-19 PANDEMI AT BPR ARTHA MUKTI SANTOSA Yudha Pramudya Sakti Yudha; Arikha Saputra
Awang Long Law Review Vol 5 No 2 (2023): 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.v5i2.679

Abstract

Apart from having a significant impact on the economic and financial sectors, the presence of Covid-19 has had a negative impact on all aspects of state administration. During the Covid-19 era, when non-performing loan cases have skyrocketed, the banking sector plays an important role, not only as a provider of capital but also because it is important to enable and handle the growth of customer-run companies so that companies can develop while minimizing the danger of bankruptcy, both for customers as a debtor or for a bank as a creditor. Debtors who have difficulty fulfilling their commitments to the Bank due to the spread of Covid-19 are given special treatment based on POJK Number 11/POJK.03/2020, which discussesNational Economic Stimulus as a Countercyclical Policy. During the Covid-19 pandemic. The problem raised by the author is how to apply the restructuring of banking banking agreements during the Covid -19 pandemic at BPR Artha Mukti Santosa and what are the obstacles to implementing banking banking agreement restructuring during the Covid -19 pandemic at BPR Artha Mukti Santosa. The method used by the author is normative juridical by using secondary data such as literacy tests and in-depth interviews with employees at BPR Artha Mukti Santosa to draw conclusions about the law and its application to real world situations. Based on the results of research and discussion that the implementation of restructuring at BPR Artha Mukti Santosa was carried out incorrectly to prospective debtors with strict procedures referring to POJK provisions Number 18/POJK.03.2021 Jo POJK 17/POJK.03/2021 Jo POJK 34 /POJK.03/2021 Regarding the Second Amendment to the Financial Services Authority Regulation Number 34/POJK.03/2020 Concerning Policies for Rural Credit Banks and Sharia Rural Banks As a Impact of the Spread of Coronavirus Disease 2019 such as conducting surveys on debtor business health, debtor eligibility, and good faith of the debtor. Obstacles in implementing Restructuring at BPR Artha Mukti Santosa BPR are such as uncooperative debtors in following the rules, lack of cooperation and bad faith from debtors. Keywords: Restructuring, Credit, BPR Artha Mukti Santosa
CRIMINAL ACCOUNTABILITY FOR ILLEGAL ONLINE LOANS THAT CONDUCT CRIME IN THE FORM OF PEER-TO-PEER LENDING IN THE COMMUNITY Iin Nurcahya Ningsih; Rochmani
Awang Long Law Review Vol 5 No 2 (2023): 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.v5i2.684

Abstract

There are many violations committed by illegal online lenders that are troubling the public, and are detrimental to the state because the state does not receive tax payments. The purpose of this study is to analyze and describe the accountability for criminal acts of illegal loan lenders who commit crimes in the form of Peer-to-peer lending to the community and to find out what precautions are being taken so that illegal lenders do not roam in Indonesia which results in the suffering of the Indonesian people. This research method uses a normative research type with the specifications of this research using normative juridical. Source of data in this study using secondary data. Data analysis in this study used descriptive qualitative method. The results of this study indicate that many perpetrators of illegal online loan providers commit violations of Indonesian government regulations, including Law Number 14 of 2008 on Public Information Disclosure Article 85 of the Population Administration Act, in addition to Article 17 letter (h), the Law Number 11 of 2008 Concerning Information and Information and Electronic Transactions Article 26 Paragraph (1) and (2), Article 51 paragraph (1) Jo Article 35 paragraph (1), Article 45 Paragraph (3), Article 45 B, KHUP (Kitab Criminal Law Act) in article 378 of the Criminal Code, Article 368 of the Criminal Code. So, the responsibility of the perpetrators of illegal online loan providers is to get sanctions for closing the company, imprisonment, as well as paying fines and providing compensation. Chairman of the OJK Board of Commissioners Wimboh Santoso said that his party had so far implemented various policies to eradicate illegal loans through the Investment Alert Task Force (SWI).
EFFORTS TO COLLECT TAX WITH A PRIVATE LETTER IN INCREASING TAX REVENUE Novi Aryani Retno Sari; Fitika Andraini
Awang Long Law Review Vol 5 No 2 (2023): 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.v5i2.686

Abstract

One source of state revenue that plays a very important role in increasing national development and aims to increase the prosperity and welfare of citizens is tax. Forced Letter (SP) is an order to pay tax debt and tax collection fees. A forced letter is issued if the tax bearer does not pay off the tax debt and a letter of reprimand or warning letter or other similar letter has been issued to him. This study aims to determine the efforts to collect taxes with forced letters in increasing tax revenues at KPP Pratama Pekalongan and to find out how effective tax collection by forced letters is in increasing tax revenues at KPP Pratama Pekalongan. This study uses a normative juridical approach, uses descriptive qualitative research specifications, and uses data collection techniques with primary and secondary data types.The results showed that efforts to collect taxes with forced letters in increasing tax revenue at KPP Pratama Pekalongan were carried out according to procedures, in the implementation of Tax Debt Collection with Forced Letters against Tax Underwriters at the Pekalongan Primary Tax Service Office encountered several obstacles, including because the tax bearer changed -change and not updated by the taxpayer and the tax collection department is less assertive in dealing with it taxpayers who do not want to pay on time. The effectiveness of tax collection by forced letter, based on tax collection by forced letter in 2020 tax revenue was 52,822,510,688, but the disbursement of tax arrears obtained was only 3,075,931,087 (6% contribution), while in 2021 tax revenue was 35,986,957,621 , but the disbursement of tax arrears amounted to 6,100,666,734 (17% contribution).
WOMEN'S RIGHTS VIOLATIONS IN THE PRACTICE OF VIRGINITY TESTING CONDUCTED BY THE INDONESIAN NATIONAL ARMED FORCES AND THE INDONESIAN NATIONAL POLICE FORCE Valerie Selvie Sinaga; Michael Adrian Young
Awang Long Law Review Vol 5 No 2 (2023): 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.v5i2.693

Abstract

Virginity testing is a practice that is discriminatory, degrading to the honor and dignity of women, and is also a violation of human rights, which is carried out by the Indonesian National Police (POLRI) towards female police officer candidates as well as the Indonesian National Armed Forces (TNI) towards female soldier candidates. Therefore, two problems arise in this research, namely what kind of obligations and responsibilities does Indonesia have in regards to providing legal protection for women according to international law, and how is the legality of the practice of the virginity tests carried out by POLRI and TNI according to international law. This study uses a qualitative, normative-legal approach. The result of this study are as follows: The obligations and responsibilities that Indonesia has in regards to providing legal protection for women is mandated by Article 7 of UDHR, Article 4 letters d, e, f, and l of Declaration on the Elimination of Violence Against Women (DEVAW), Article 2 letters a, b, c, and f of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), as well as Article 3 and Article 26 of the International Covenant on Civil and Political Rights (ICCPR). In regards to the legality of the virginity tests carried out by POLRI and TNI, such practice violates article 1, article 2, article 5 of Universal Declaration of Human Rights (UDHR), article 1, article 2 section (3), article 3, and article 4 letter b of DEVAW, article 1 and article 2 letter d of CEDAW, article 7 of ICCPR, as well as article 16 and article 10 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).
POLITICAL EDUCATION TO INCREASE BEGINNER VOTER PARTICIPATION IN THE 2019 GENERAL ELECTIONS Danang Sa'adawisna; Bayu Karunia Putra
Awang Long Law Review Vol 5 No 2 (2023): 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.v5i2.716

Abstract

This article aims to find out the implementation of political education programs to increase the participation of first-time voters in the 2019 general elections in Malang Regency. This topic is important and interesting, because the increase in community participation has a great influence in holding elections, coupled with socialization and political education which is one of the strong foundations for building the level of voter participation in using their right to vote as well as possible, especially during elections. general public in 2019. This research method is a method that uses a descriptive qualitative approach, where this method utilizes qualitative data and is described descriptively. Sources of data in this study were obtained through interviews, observation, and online media. Data collection and data analysis techniques in this study were interviews, observations, and online media conducted by researchers to collect, explore, and gather valid, complete, and relevant information relating to the topic of the problem which is the object of research. The research finds that, with regard to political education, it is very useful as a strategy to increase a high participative attitude in using their right to vote as best as possible, because this strategy is a good step to encourage them to become agents of change, so that awareness of rights politics, democracy, and community participation can be further improved.