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Awang Long Law Review

awl
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Published by Sekolah Tinggi Ilmu Hukum Awang Long Samarinda

ISSN : 26557355 EISSN : 26545462 DOI : https://doi.org/10.56301/awl

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

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 347 Documents

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PREVENTIVE EFFORTS OF THE DRUG AND FOOD SUPERVISORY AGENCY (BPOM) ON THE CIRCULATION OF DRIED ANCHOVY THAT CONTAINS FORMALIN IN THE CITY OF DENPASAR Anak Agung Sagung Ngurah Indradewi; Kadek Firda Sri Astiti
Awang Long Law Review Vol. 4 No. 2 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Since the pandemic, there have been many layoffs and many employees have been laid off. Some of them turn into business actors, they often change their direction to become agents of dried anchovies, but dried anchovies because dried anchovies cannot last long so business actors use fraudulent methods such as using formalin on their dried anchovies.The research method in this research is using empirical legal research, namely scientific research that explains legal phenomena about the occurrence of gaps between norms and community behavior (the gap between das sollen and das sein). The conclusion in this study is that BPOM's efforts on the circulation of dried anchovy containing formalin in Denpasar City, namely supervision, guidance, and testing of dried anchovy are positive for formalin or not, after testing it was found a product that was positive for formalin after that coaching was carried out by the Agency POM so as not to be resold. Obstacles in preventing the circulation of dried anchovy containing formalin in Denpasar City are: legal factors, supporting facilities and facilities, cultural factors, and other factors that hinder law enforcement such as economic factors, community factors, and law enforcement factors apart from that. the factors of traders who are difficult to be given guidance on cheating traders, lack of awareness of producers about the dangers of food containing formaldehyde.

Child Custody after Divorce (Case Study of Court Decision Number 242/Pdt.G/2019/PN.Tjk) Amalia Damayanti; Mohammad Fajri Mekka Putra
Awang Long Law Review Vol. 4 No. 2 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Marriage is the legally or formally recognized union of two people, a man and a woman, as partners who are physically and mentally bonded with the aim of forming a harmonious family or household. However, not all marriages last forever. When a marriage ends, divorce can occur. Divorce itself brings legal consequences, one of which is regarding child custody. Child custody after the occurrence of a divorce based on the provisions of Article 41 letter (a) of Law Number 1 of 1974 stipulates that both parents are obliged to continue to care for and educate their child for the benefit of the child and if there is a dispute regarding the control of the child, the court gives its decision. However, in reality a lot has happened in nurturing and educating child after the divorce, as in the case of Number 242/Pdt.G/2019/PN.Tjk.

JURIDICAL STUDY ON CRIMINAL IN THE CRIME OF HUMAN TRAFFICKING ACCORDING TO LAW NO. 21 OF 2007 (CASE STUDY OF DECISION NO. 3119/PID.SUS/2020/PN. MDN) Immanuel Simanjuntak; Dimarciano Abelardi Sagala; Melinda Putri Ayu Tumangger; Arina Uly Febiola Sihite
Awang Long Law Review Vol. 4 No. 2 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Human trafficking is a modern form of slavery. The victims are trafficked not only for prostitution but also include other forms of exploitation where in this case Human rights are violated, such as forced labor or forced services, slavery, or practices similar to the slavery are also traded. This case has become a symptom all over the world especially in Indonesia, the development of the era and social medial at this time is dangerous and makes people more and more willing to do whatever without worrying about their own safety. The problem in this research is the application of law against the perpetrators of the criminal act of Human trafficking reviewed in law number 21 of 2007 concerning the eradication of the crime of Human trafficking, the factors causing the crime of Human trafficking, as well as the judge's considerations in sentencing the perpetrators of the crime of Human trafficking in the decision No.3119/ Pid.Sus /2020/ PN.Mdn This study is using a normative juridical research method which is a community social research followed by a literature study by examining the secondary data obtained by conducting a literature study. The consideration of the judges of the Medan State Court in deciding the case No.3119/ Pid.Sus /2020/ PN.Mdn has considered this case well based on the proven evidence and facts in the trial. The aggravating and mitigating circumstances halve been considered by the panel of judges, so that the judge's decision has fulfilled a sense of justice for the community.

JURIDICAL ANALYSIS OF PROVISIONING REMISSIONS TO CLASS II A PANCUR BATU CRIMINAL INCURRENTS Venia Utami Keliat; Jumahirudin; Dara Nabilah Yusuf; Brainy Oloandri Pahala Bukit
Awang Long Law Review Vol. 4 No. 2 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Giving remissions to prisoners is an order from the law as a stimulus so that prisoners are willing to undergo coaching to change behavior in accordance with the goals of the Correctional System. However, in its supervision involving institutions or agencies outside of the Correctional Institution, it is not accompanied by the existence of a firm regulation in its implementation.The method used in this journal is the sociological juridical method which means that the research method is about the suitability of the discussion of the problem with applicable legal provisions, and to see the reciprocity that arises between social life and law enforcement officers or agencies in this research. So in this study the sociological nature cannot be separated from the normative element, because government officials have carried out their duties based on statutory regulations in the form of laws, government regulations, presidential decrees, ministerial regulations and so on.From the results of observations and research at the Class II A Penitentiary, PANCUR BATU, the regulation in granting remissions by the Penitentiary is very advanced, the regulations are updated every time following the Indonesian Law. As well as in terms of the implementation and mechanism of granting remissions carried out by the Class II A Pancur Batu Penitentiary, there are still rights that are always given to inmates in granting additional remissions to prisoners. The Pancur Batu Class IIA Penitentiary always takes the initiative to socialize the steps for granting remissions to the latest regulations that have been socialized to prisoners.

COMPARISONAL CONTRIBUTION ANALYSIS OF REGIONAL TAX PAYMENTS BEFORE AND AFTER USING TAPPING BOX ON REGIONAL ORIGINAL INCOME (PAD) IN BANDAR LAMPUNG CITY Rahmawati Herdian; Mohamad Fajri Mekka Putra
Awang Long Law Review Vol. 4 No. 2 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

The regulation of local tax payment policies with a manual system over time is increasingly ineffective for Bandar Lampung City Original Revenue. In 2018 the Bandar Lampung City Government made the latest breakthrough, namely paying local taxes using the Tapping Box, especially hotel taxes, restaurant taxes, entertainment and parking taxes, but problems arise in the use of the system. Regional tax payment arrangements with the system before and after using the Tapping Box in its application there are still taxpayers who do not comply with the payment arrangements. The contribution of local tax payments with the system before and using the Tapping Box needs to be increased in quantity and quality. Constraints and solutions in using the system before and after using the Tapping Box, the government must socialize the use of the Tapping Box to taxpayers who do not understand the benefits of using the tool and the government must supervise several tax objects.

FORM OF LEGAL PROTECTION AGAINST VICTIMS OF PHYSICAL VIOLENCE IN HOUSEHOLD IN THE CONCEPT OF CRIMINAL LAW DECISION ANALYSIS NUMBER 2192/Pid.Sus/2020/PN.Mdn Meliana Fransisca Sembiring; Rizal Jackson Hutasoit; Rizki
Awang Long Law Review Vol. 4 No. 2 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

For Indonesian people, household problems are not to be announced, so there are still many Indonesians who are reluctant to report cases of domestic violence (KDRT). People prefer to solve these problems in a familial manner. The creation of PKDRT Law Number 23 in 2004 by the Government did not make domestic violence cases shrink. Data from Komnas Perempuan shows that domestic violence cases during the pandemic increased dramatically, namely there were 319 cases of violence reported, 2/3 of which 213 cases were domestic violence cases, or 19% (2,056 cases) were cases of psychic violence. Therefore, in the future this regulation can be an instrument that can reduce the percentage of crime in the household.

REFUND OF FINANCIAL LOSS IN THE CRIME OF CORRUPTION LINKED WITH ARTICLE 81 OF LAW NUMBER 8 YEAR 2010 ON CRIME PREVENTION AND COMBATING MONEY LAUNDERING Muhd Nafan
Awang Long Law Review Vol. 4 No. 2 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Returning state financial losses is the focus of the corruption law, especially in the case of money laundering crimes committed by state officials to deceive law enforcement officials in examining the assets of public officials. One way to return state assets is to seize or confiscate assets suspected of being the result of corruption or money laundering. Money laundering is an attempt to hide or disguise the origin of money/funds or wealth resulting from a criminal act through various financial transactions so that the money or assets appear as if they came from legal/legal activities. The research method used in this study is a normative juridical approach with the sources of legal materials used are primary sources of legal materials and secondary sources of legal materials. The technique of collecting legal materials uses a literature study of listening techniques and the technique of analyzing legal materials using qualitative analysis techniques. The results of the study indicate that the implementation of the return of state financial losses on corruption is related to Article 81 of Law Number 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering. can be done by tracking, freezing, confiscation, confiscation and repatriation.

The Relation of the Law on Marriage of the Batak Indigenous Clan with the Incest Marriage Law Ginny Mega Maulidia Hasibuan
Awang Long Law Review Vol. 4 No. 2 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

A clan marriage is a marriage between representatives of the same ethnic group and clan. In general, the Batak community expressly prohibits the marriage of a clan because this marriage is considered a blood marriage, this is a customary rule that must be obeyed by the community in order to avoid various sanctions and customary punishments that apply. Therefore, parents must inform their children as the next generation that the marriage of one clan is prohibited by the prevailing customary provisions. Until now the prohibition of marriage of one clan has been preserved by the Batak community. The purpose of this study was to determine the concept of kinship between a group of Batak people as a general concept of kinship and the legal consequences of a Semarga marriage. In addition, those who violate the prohibition are correct and relevant to be given social punishment, this provision is also related to Law no. 1 of 1974 which is the unification of the Marriage Law which according to general rules applies to marriages in Indonesia. This investigation is a form of empirical legal investigation, including legal identification and investigation of results. Legal normative approach using descriptive-analytic method is the research method used in this study.

ANALYSIS OF LEGAL REVIEW OF MEDICAL INFORMATION RELEASE TO ENSURE THE CONFIDENTIALITY OF PATIENT IDENTITY Marwiyah
Awang Long Law Review Vol. 4 No. 2 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Assessment of health service can be viewed from the recording on the file of medical record, which can provide information about the patient's social identity, diagnosis of disease, disease history, examination and treatment which must be kept confidential by doctors, nurses, health workers and manager of the healthcare facility. This study aimed to describe legal review of the medical information release in ensuring patient confidentiality. The research used normative-juridical approach through literature study which examines secondary data in the form of primary and secondary legal materials. The results of the study showed that health care facilities are responsible for protecting health information contained in medical records against possible loss, damage, falsification and unauthorized access. Maintaining information security, accuracy of information and ease of access to information are demanded to health service organizations and health practitioners as well as authorized third parties. Meanwhile, parties who need information must always respect patient privacy. Healthcare facilities are obliged to maintain the confidentiality of the information contained in the medical record and are not allowed to release it to irresponsible people/institutions. Requests for medical information must go through the established procedures to protect patient privacy and avoid lawsuits.

LEGAL PROTECTION OF THE ORIGINAL CERTIFICATE OWNER ON THE ISSUANCE OF A SUBSTITUTE CERTIFICATE THAT IS AGAINST THE LAW Sari Wahyuni Amanda; Enny Koeswarni
Awang Long Law Review Vol. 4 No. 2 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

The purpose of the issuance of a replacement certificate is to replace the damaged certificate of land rights caused by accidental damage due to natural disasters or damage due to aging paper or the certificate being torn due to the carelessness of the holder, which causes the certificate to be unusable. The problem in this research is how is the legal protection of the owner of the original certificate for the issuance of a replacement certificate against the law by the Land Office of Semarang City? The research method used is normative juridical using secondary data and analyzed using qualitative methods. The results of the study show that the legal protection of the owner of the original certificate for the issuance of a substitute certificate against the law by the Land Office of the City of Semarang is divided into 2 (two), namely preventive legal protection through deliberation between the holder of land rights and also as a plaintiff with the Land Office of the City of Semarang before taken through the Court which has been regulated in the Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency of the Republic of Indonesia Number 21 of 2020 concerning Handling and Settlement of Land Cases which aims to provide legal certainty and justice regarding the control, ownership, use and utilization of land. The second legal protection is repressive through a lawsuit to cancel the decision of the Head of the Land Office of Semarang City to the State Administrative Court and also a lawsuit against the law to the District Court.

Page 2 of 35 | Total Record : 347

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Otto Fajarianto

Contact Email ofajarianto@gmail.com

Phone -

Journal Mail Official kadarudin.fnu@gmail.com

Editorial Address Jl. Ade Irma Suryani No. 16 Kota Samarinda 75117

Location Kota samarinda, Kalimantan timur INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Otto Fajarianto

Contact Email
ofajarianto@gmail.com

Phone
-

Journal Mail Official
kadarudin.fnu@gmail.com

Editorial Address
Jl. Ade Irma Suryani No. 16 Kota Samarinda 75117

Location
Kota samarinda,

Kalimantan timur

INDONESIA