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
THE IMPLEMENTATION OF PACTA SUNT SERVANDA PRINCIPLE AS A BASIS FOR MAKING MEMORANDUM OF UNDERSTANDING
Arum Puspita Kesuma;
Muh Afif Mahfud
Awang Long Law Review Vol 5 No 2 (2023): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long
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DOI: 10.56301/awl.v5i2.724
Memorandum of Undersatanding is an initial agreement that regulates and provides an opportunity for the parties to conduct a feasibility study before arriving at a more comprehensive agreement. Making a Memorandum of Undersatanding requires the implementation of the principle of pacta sunt servanda to show that the parties have a binding agreement with each other. This research aims to find out how the implementation of pacta sunt servanda principle as the basis for making Memorandum of Undersatanding and how the legal position of Memorandum of Undersatanding. Using normative juridical legal research method with qualitative analysis. The results of this study conclude that the implementation of the principle of pacta sunt servanda as the basis for making Memorandum of Undersatanding is very important to ensure that the parties fulfill their promises and commitments and the agreement is respected and fulfilled by the parties. The legal position of the Memorandum of Understanding from the perspective of contract law is as an informal agreement that is not legally binding, but has strategic and diplomatic importance.
JURIDICAL REVIEW ON CHANGES TO AD/ARTS OF SUBUR MAKMUR AGRO INDUSTRY COOPERATIVE REGENCY EAST KUTAI POST-CANCELLATION
Esti Royani;
Khoirul Arifin;
Hagverdiyeva Shalala
Awang Long Law Review Vol 5 No 2 (2023): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long
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DOI: 10.56301/awl.v5i2.725
Amendments to the Cooperative Law brought Number 25 of 1992 to Number 17 of 2012 bringing a very basic change, this is due to the change in cooperative business from being member welfare to corporations, and then canceled by the Constitutional Court. This is what makes the author interested in conducting research so that the author takes the title of Juridical Review of Changes in Ad/Art of Subur Makmur Agro-Industry Cooperatives, East Kutai Regency after the Cancellation of Law Number 17 of 2012 concerning Cooperatives by the Constitutional Court. From the research conducted, finally the author can conclude that with the cancellation of the entire contents of the operation law number 17 of 2012 by the Constitutional Court with the decision number: 28/PUU-XI/2013 which states cancel the entire contents of the law number 17 of 2012 and at the same time re-enacting Law No. 25 of 1992 until the next cooperative law, then legally all cooperative legalities (AD/ART) that rely on law number 17 of 2012 are null and void and return to the law. The Legality of Cooperatives (AD/ART) which relies on the cooperative law number 25 of 1992, is the case with the Subur Makmur Agro-Industry Cooperative, Sangatta, East Kutai Regency.
SEMARANG CITY HOUSING INFRASTRUCTURE MANAGEMENT BASED ON REGIONAL REGULATION AND MAYOR REGULATION
Kun Fadira Fachrani;
Zil Aidi
Awang Long Law Review Vol 5 No 2 (2023): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long
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DOI: 10.56301/awl.v5i2.726
The provision of infrastructure governance is often the center of attention for problems in residential areas because infrastructure services are not fulfilled. Communities should be able to feel these services for free in their housing environment. This writing aims to identify and analyze the duties and functions of the Housing and Settlement Area Department (Disperkim) in providing quality infrastructure for communities in residential areas. Researchers used legal research methods with a normative juridical approach. The results of this study indicate the duties and functions of the Housing and Settlement Area Department as one of the Regional Apparatuses or Regional Technical Implementation Units of the City of Semarang in improving the quality of housing and settlement infrastructure.
LEGAL REMEDIES OF THE INVESTMENT ALERT TASK FORCE IN COUNTERING FICTITIOUS INVESTMENTS
Maryano
Awang Long Law Review Vol 5 No 2 (2023): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long
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DOI: 10.56301/awl.v5i2.727
The purpose of this study is to examine how to protect investors from illegal investment crimes. So that the public can be educated. This research uses a normative juridical approach method. The result is that the mode of fraud under the guise of illegal investment still occurs frequently, although with the formation of the Investigation Alert Task Force the fraud still occurs although it is not as lively as it used to be. Especially after the emergence of cases of artists who were caught for illegal investments. The resilience of Indonesia's economic conditions, especially when hit by the pandemic but still quite strong, is still quite strong, especially positive growth is still occurring in this country. Practically this is the goal of investors. Plus based on the data, the new middle class continues to crawl up. Apparently, this has contributed to increasing the occurrence of crime in the investment sector. Investment is very important for the economic development of a country. A country will find it difficult to develop if there is no investment to support its process. Investment can also be called investing money or capital, which aims to get a profit. An investment is the obligation to inject funds in an asset for a certain period of time in the future. Crime in the investment sector gives rise to fictitious investments that are widely offered to the public by illegal investment companies. People who actively invest are sometimes less vigilant and clear in making investment choices. The rampant incidence of fraud under the guise of illegal investment has made the state present, one of which is the establishment of the Investment Alert Task Force. Through library research and normative descriptive qualitative methods, the author wants to dive into the extent to which the task force commanded by the FSA will become a stronghold for investors.
EDUCATION CITY POLICY IN HANDLING CHILDREN WITHOUT SCHOOL
Bela Safira;
Eri Yusnita Arvianti;
Cahyo Sasmito
Awang Long Law Review Vol 5 No 2 (2023): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long
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DOI: 10.56301/awl.v5i2.730
The purpose of this research is to find out and analyze government policies as well as supporting and inhibiting factors to minimize children who do not go to school. The method in this research is qualitative research that focuses on city education policies. Data collection techniques with interviews, observation and documentation. and Conclusion The results of the study show that the government has a program to prevent children from dropping out of school, namely free elementary-junior high schools, a zoning system for new schools. students, free uniforms for underprivileged people, package A, B and C systems, and school buses. However, the fact is that the programs implemented have not been on target and there are still children who drop out of school in Malang City or the City of Education.
IMPLEMENTATION OF GUIDANCE FOR RECIDIVIST INMATES OF NARCOTICS CRIMES AT THE KEDUNGPANE CORRECTIONAL INSTITUTION
Olga Loveano Revorma;
Mujiono Hafidh Prasetyo
Awang Long Law Review Vol 5 No 2 (2023): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long
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DOI: 10.56301/awl.v5i2.731
LAPAS is a place to improve the quality of prison inmates so that they are aware of their mistakes, improve themselves, and do not repeat crimes so that they can integrate well into the community. Not a few prisoners who, after completing their prison term, repeat their crimes (recidivists). This study aims to determine the current policy of formulating a coaching system for recidivist convicts of narcotics crime; how to carry out coaching for recidivist convicts of narcotics abuse in Class I prisons in Semarang. Based on the results of the study, it can be seen that in the practice of implementing guidance at the Class I prison in Semarang for narcotics abuse recidivists, applying the security aspect (security approach), while regarding the coaching program there is no difference from other inmates. Guidance at the Class I prison in Semarang aims to enable prisoners to become fully human as has become the direction of national development. Correctional inmates in obtaining guidance are adjusted to the principles contained in Pancasila, the 1945 Constitution of the Republic of Indonesia, and the Minimum Standard Rules (SMR). The guidance and guidance of recidivist convicts of narcotics abuse carried out in Class I prisons in Semarang based on the Decree of the Minister of Justice of the Republic of Indonesia No. M. In 2019, the Class I prison in Semarang handling narcotics abuse prisoners carried out a rehabilitation program using the therapeutic community method..
GOVERNANCE OF RURAL BANKS BASED ON LAW CONCERNING BANKING IN THE PERSPECTIVE OF COMMUNITY WELFARE
Rosiyati Rosiyati;
Gunawan Nachrawi;
Marjan Miharja
Awang Long Law Review Vol 5 No 2 (2023): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long
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DOI: 10.56301/awl.v5i2.733
Based on Law Number 10 of 1998, the objective of Indonesian banking is to support the implementation of national development in order to increase equity, economic growth and national stability towards increasing people's welfare. Banking can be grouped into three, namely central banks, commercial banks and rural banks. Rural Banks (BPR) are banks that carry out business activities conventionally or based on sharia principles, which in their activities do not provide services in payment traffic. The research method that the authors use is a normative juridical method, namely research that prioritizes library data, namely research on secondary data. The secondary data can be in the form of primary, secondary or tertiary legal materials. This research includes research on positive legal provisions in force in Indonesia relating to BPR governance based on Law Number 10 of 1998 concerning Banking. The research results, positive legal provisions in force in Indonesia relating to BPR governance based on Law Number 10 of 1998 concerning Banking. PT BPR Papua Mandiri Makmur realizes that internalization of broader governance principles needs to be carried out in a sustainable manner to improve the quality and scope of governance implementation in every aspect of PT BPR Papua Mandiri Makmur's activities.
THE IMPACT OF THE COVID-19 PANDEMIC ON THE FULFILLMENT OF CREDIT WITH MORTGAGE RIGHTS IN LEGAL TERMS FOR THE DEBTOR
Adella Rachma Juliani;
Siti Malikhatun Badriyah
Awang Long Law Review Vol 5 No 2 (2023): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long
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DOI: 10.56301/awl.v5i2.734
The Covid-19 has an impact that affects many sectors, including the implementation of credit agreements that are subject to dependent rights. These effects led the debtor to experience overmacht and force majeure, so it is difficult to fulfill the obligations from the contract because income during the CoAvid-19 pandemic was unstable. The approach used in this study is normative juridical. The results showed that the situation of the Covid-19 pandemic can be used as a basis for overmacht because it has fulfilled the elements of overmacht. Thus, the execution of the debtor's liability rights object is not possible, which is hindered by the fulfillment of its credit obligations. Issuance of POJK Number 11/POJK.03/2020 on National Economic Stimulus as a Countercyclical Policy on the Impact of Coronavirus Disease 2019 as a policy that provides legal protection for overmacht debtors affected by Covid-19 by providing credit restructuring.
QUALITY OF SERVICES IN MAKING CHILD IDENTITY CARD AT THE DEPARTMENT OF POPULATION AND CIVIL REGISTRATION
Gibra Septa
Awang Long Law Review Vol 5 No 2 (2023): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long
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DOI: 10.56301/awl.v5i2.740
The background for doing this research is because the implementation of Child Identity Card (KIA) at the Cirebon Regency Population and Civil Registration Service is still not optimal. This study uses a qualitative descriptive method with in-depth interviews, direct observation, literature study. The sampling technique used purposive sampling through interviews with key information from the Head of the Population Registration Service and the Population Identity Section of the Cirebon Regency Population and Civil Registration Office and supporting informants, namely the community who provided Child Identity Card (KIA) services at the Cirebon Regency Population and Civil Registration Service. The technique of testing the validity of the data used in the research is the triangulation technique. The data analysis technique used in this research is by means of data reduction, data presentation and verification. The results tangibel seen from the appearance of officers/apparatus in serving customers is optimal because it is in accordance with the provisions of the use of official uniforms, but the convenience of the place to perform services and the ease of service in the service process is not optimal because the waiting room is not comfortable and the numbers are not regular.
DEEP SIGNATURE FORGERY ANALYSIS MAKING OF LAND SALE DEED
Atika Benazir Lahaya;
Shamsuddin Muchtar;
Muhammad Ilham Arisaputra
Awang Long Law Review Vol 5 No 2 (2023): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long
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DOI: 10.56301/awl.v5i2.741
This study aims to analyzeWhat is the cause of forgery of signatures carried out by the client in the sale and purchase deed made by the Land Deed Making Officer.The research method used in this study is normative research using a statutory approach and a conceptual approach. This study uses primary legal materials, secondary legal materials, and non-legal materials. The collection of legal materials was carried out through library research and interviews and then analyzed prescriptively. The results of the study show that the cause of signature forgery in the sale and purchase deed made by the Land Deed Official is sourced from factors originating from the parties, factors originating from PPAT employees, and factors originating from the PPAT itself.