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Awang Long Law Review
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.
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Articles 498 Documents
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COMPARATIVE ANALYSIS OF CORRUPTION CRIMINAL REGULATIONS BETWEEN THE NEW CRIMINAL LAW AND THE CORRUPTION ACT Suyanto; Henry Kristian Siburian; Eko Setyo Nugroho Nugroho; Sardjana Orba Manullang; Baren Sipayung
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.v5i2.753

Abstract

The National CC’s (NCC) ratification has completed the mission of establishing a NCC adequately through a legislative process on the development of codified criminal science and practice adapted to the conditions and characteristics of the Indonesian nation and state, which differed from legal politics during the Dutch colonial administration. It can br concluded from the results of the study that the regulation of corruption crimes between the Corruption Law and the NCC is still classified as an extraordinary crime, but there is a slight difference of increase/decrease in the minimum/maximum prison terms and fines. This is motivated by the implementation of the legal principle of proportional criminal responsibility. Then, the existence of Article 630 of the NCC is the implementation of legal preference Lex Generalis Derogate Legi Specialis and Lex Posteriori Derogat Legi Priori principles, when there is a double arrangement between the Corruption Law and the NCC. However, the NCC also applies the In Dubio Pro Reo principle, which means that when considering two regulations that govern the same case, the rule that is more advantageous to the suspect or defendant is used. By taking into account the provisions of Article 632 of the NCC that this Criminal Code shall come into effect 2 (two) years from the date of promulgation, this should be seen as the implementation of the Government's task to socialize this NCC to the whole community before it is enacted.
IMPORTANCE OF IMPLEMENTATION AND ENFORCEMENT OF HUMAN RIGHTS IN INDONESIA NOW Alex Chandra; Supot Rattanapun
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.v5i2.756

Abstract

There are still many human rights violations in Indonesia, starting from the lightest to the most serious in the implementation of human rights, and there is no mechanism for handling these human rights. From this research using literature review which aims to learn from existing references to understand the meaning of human rights and apply the values of Pancasila which contain the values of civilized human principles because they are the enforcement of human rights in civic life so that students can appreciate it more. the rights of everyone by not violating human rights. This human right has the power of fundamental or fundamental power. Currently, there are violation cases that have occurred because many people still do not understand the violation cases so that it is easier for people to violate the rights of others. Protection and maintenance of human rights within a national institutional framework is established in an institution such as the Indonesian Child Protection Commission (KPAI), the National Commission for Women (Komnas Perempuan), the National Commission on Human Rights (Komnas HAM), and the Truth and Reconciliation Commission (KKR), was dissolved because the KKR might not be responsible and did not carry out its function properly. Currently, human rights law enforcement is carried out specifically through the judiciary, whose Human Rights Courts target serious human rights courts, and which have the authority to test the 1945 Constitution, namely the constitutional court. These rights are largely upheld by the Constitutional Court, and many unlawful decisions have been made. This decision has strategic value, so that it can protect the human rights of citizens.
VILLAGE GOVERNMENT LEGAL POLICIES IN INFORMATION TECHNOLOGY-BASED PUBLIC SERVICES Gufran; Aman Ma'arij; Hajairin
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.v5i2.757

Abstract

The legal policy of the village government in information technology-based public services, in general, is currently not running optimally. Even though technological developments must be utilized by all elements of society including the village government, several programs can be carried out include such as E-Village, village fund information, village websites, and being able to develop applications that can be used to provide public services to village communities and so on. The research aims to find out whether information technology-based integrated criminal justice system policies can become an instrument for eradicating corruption. The research method used is normative legal research with statutory approaches, theoretical approaches, and comparative and conceptual approaches. The findings in this study are that first, the village government law as stipulated in Law Number 6 of 2014 concerning Villages, cannot be fully explained by village officials, including utilizing technological advances in maximizing public services for the community, so that the community gets information and services that are easy. Second, developing an internet-based rural information network by building village websites with the desa.id domain, encouraging technology-independent villages, improving public services with the village partner application, and managing resources based on village profiles with resource surveys and geospatial data with the village granary application. see mitra.or.id) and build villages with interconnected systems and regulations that support villages to take development initiatives.
SUPERVISION OF LEGALLY REGISTERED COOPERATIVES AND SAVINGS AND LOAN COOPERATIVES INCLUDES MICROFINANCE INSTITUTIONS PERSPECTIVE Joseline; Yudhi Priyo Amboro; Lu Sudirman
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.v5i2.758

Abstract

Savings and loan cooperatives, which form the nucleus of the populace's economy, are not solely based on the kinship basis. As stated in the UUD 45's and the Cooperative Law's mandate, the supervisory function must be carried out optimally in order to serve the larger community because the sustainability of the national economy is heavily influenced by the expediency principle. This study employs a legislative approach and a qualitative analytical method in its descriptive analysis. In this study, it is discussed how to supervise KLM, a cooperative legal organization, following the implementation of UUP2SK, as well as how to supervise savings and loan cooperatives following the passage of UUP2SK. Based on these issues, it is known that: (1) The emergence of Microfinance Institutions with the legal status of cooperatives makes it necessary to pay closer attention and distinguish between cooperatives that are open loop & close loop in order to prevent similar cases from spreading to the larger community; (2) OJK as the authority given the mandate by the UUP2SK to guide and supervise the business operations of Savings and Loans Cooperatives over When creating derivative regulations for additional measures for licensing, regulation, and supervision of Savings and Loans Cooperatives, the goal is to avoid being easily seduced by phony investments with high interest rates.
THE IMPACT OF SUPREME COURT DECISION FOR EFFORTS OF NOTARY OFFICE QUALITY AND COMPETENCY IMPROVEMENT HELD Yovita Pradita Abimanyu; Pieter Latumeten
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.v5i2.759

Abstract

This study discusses the Notary Appointment Examinations and Notary Office Quality Improvement Training organized by the Ministry of Law and Human Rights in collaboration with Notary Organizations. These efforts were later cancelled due to a Supreme Court Decision. These efforts were made to increase the quality and competence of Notaries. The study's concerns include efforts to raise the standard and proficiency of the Notary Office held by the Ministry of Law and Human Rights and the Notary Organization, as well as the impact of the Supreme Court's ruling on aspiring notaries, the Ministry of Law and Human Rights, and notary organizations. With the help of a document study on secondary data obtained through a literature search, this research is normative and uses the data collection method. Utilizing qualitative is the analytical approach. According to the findings of this study, the Ministry of Law and Human Rights intends to modify the Notary Office Law's appointment requirements to increase the calibre and expertise of notaries, as the Supreme Court has only previously permitted the Notary Ethics Code Examination as a filter. The study concludes that additional systematics are required in addition to Notary Education and the Notary Ethics Code Examination in order to be able to raise the standard and proficiency of the notary position.
GOVERNMENT CONSISTENCY IN ENFORCEMENT OF REGULATIONS REGARDING MINERAL AND COAL MINING RELATED TO MINE RECLAMATION Husni Thamrin; Aji Titin Roswitha Nursanthy; Leonito Ribeiro; Linda Afriani
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.v5i2.764

Abstract

Reclamation is an activity that aims to improve or manage the use of disturbed land as a result of mining business activities so that it can function and have the power to function according to its designation. excavated. For this reason, the government has issued Government Regulation Number 78 of 2010 concerning Post-Mining Reclamation Decree and Regulation of the Minister of Energy and Mineral Resources (ESDM) Number 26 of 2018 concerning Implementation of Good Mining Principles and Supervision of Mineral and Coal Mining. The purpose of issuing these two regulations is very clear, so that the negative impacts of mining activities can be reduced or even eliminated. Various productive efforts on ex-mining land by carrying out reclamation and utilizing it as an ecotourism area. Utilizing part of it as a fish farming pond and the rest being used as a model of a biological conservation forest with proboscis monkeys and various kinds of birds as the key space is one of the efforts to restore nature's preservation. The research method used is normative or doctrinal legal research. Normative legal research or doctrinal legal research, which is also referred to as library research or document study, is research that is carried out or aimed only at studying written regulations or other legal materials. The result of research reclamation is an activity to restore the ecosystem so that it can function again as before. While Post-mining Activities are activities to repair ex-mining land to restore environmental functions and social functions according to local conditions throughout the mining area.
FACTOR ANALYSIS ENFORCEMENT LAW AGAINST CRIMINAL ACTS OF ABUSE PERFORMED BY STUDENTS Rezki Auliyah; Hijrah Adhyanti Mirzana2; Audyna Mayasari Muin
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.v5i2.765

Abstract

The purpose of this study is to investigate the application of criminal law in response to acts of mistreatment done by students in Parepare City, as well as the factors that influence the application of criminal law in response to criminal acts of mistreatment committed by students in Parepare City. This study was carried out with the help of empirical research methodologies, including primary and secondary data, as well as data collection methods including interviews, observations, and analyses of published literature. After all of the preliminary and secondary data have been collected, they are then subjected to a qualitative analysis, after which they are characterized descriptively and organized systematically. According to the findings of the research, (1) the enforcement of criminal law in Parepare City against criminal actions of persecution conducted by students is not operating at an optimal level. Because of this, the administration of criminal law is conducted using a restorative justice approach at all stages of the process, including investigation, prosecution, and examination in court; (2) The legal and statutory considerations, law enforcement apparatus factors, and community factors are the three categories of elements that have an impact on how the criminal law is enforced in Parepare City in relation to the crime of persecution committed by students.
NOTARY AUTHORITY IN MAKING INHERITANCE DISTRIBUTION DEED FOR INHERITANCE IN THE FORM OF LAND Dinda Namira Anindya; F.X Arsin Lukman
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.v5i2.766

Abstract

One of the authorities of the Notary as mandated in the Undang-undang Jabatan Notaris (UUJN) is the making of authentic deeds related to land. In line with this provision, the Government Regulation on Land Registration stipulates that one of the deeds required in the event of a transfer of land rights due to inheritance is a deed of inheritance division which can take the form of a notarial deed or an underhand deed. However, in addition to notaries, there are other officials authorized to make deeds in the land sector, namely Pejabat Pembuata Akta Tanah (PPAT). The purpose of this research is to analyze the authority of Notary in making deeds related to land including inheritance division deeds and the comparison between inheritance division deeds which are notarial deeds and joint rights division deeds which are PPAT deeds. This research is juridical-normative research, namely research based on legal norms contained in applicable laws and regulations. The result of this research is that the authority of Notary to make deeds in the land sector, including the deed of inheritance division on inherited land does not conflict with the authority of PPAT, and the deed of inheritance division and the deed of division of joint rights are two different deeds, both in terms of form and material.
JOB LOSS INSURANCE PROGRAM APPLICABLE IN INDONESIA BASED ON GOVERNMENT REGULATION AND ITS COMPARISON WITH OTHER COUNTRIES Suparto Suparto
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.v5i2.768

Abstract

One of the regulations in the field of employment issued by the Government of Indonesia is Government Regulation No. 37 of 2021 concerning the Implementation of the Job Loss Insurance Program. This regulation is very important in the midst of rampant layoffs by companies as a result of the Covid-19 pandemic. The purpose of this study was to determine the implementation of a job loss insurance program for employees affected by termination of employment. The research method uses a normative juridical approach with secondary data. Based on the research results obtained that Comparison job loss insurance program in Indonesia with other countries lies in the coverage, requirements and premium contributions. Job loss guarantee or unemployment insurance in Indonesia and other countries have the same goal, which is to financially support individuals who do not have jobs as long as the individual is looking for work. This policy has been carried out since 1935 and 1940 by the United States and Canada against the background of the Great Depression around 1930, then Thailand began to implement an unemployment insurance scheme in 2004. In 2016, there were 73 (seventy-three) countries that had implemented the unemployment insurance scheme. Each country creates an unemployment insurance policy with a different model but the goal remains the same, which is to achieve adequate protection against the risk of job loss by expanding coverage to ensure workers affected by layoffs receive compensation. Based on a comparison with several other countries, it was found that the job loss insurance scheme was effective in overcoming the number of unemployed, especially during an economic recession and was able to protect workers who were laid off by maintaining their level of welfare.
PARADIGM OF ENVIRONMENTAL PROTECTION AND MANAGEMENT OF HOUSEHOLD MEDICAL WASTE IN THE COVID-19 PANDEMIC: EXPECTATIONS AND CHALLENGES Serlika Aprita; Hasanal Mulkan
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.v5i2.769

Abstract

The Covid-19 outbreak has had an impact on various sectors of life, including the environment. Medical waste in the community has increased in the new normal era of the Covid-19 pandemic, this can be seen from the existence of new adaptations in society, but in its application, household medical waste management is still an obstacle to this day. The approach method used is juridical-normative, with the type of dogmatic research, a form of perscriptive research on legal relations. The specification of this research is descriptive-analytical, the government continues to make various efforts in handling household medical waste. State responsibility as the basis for the implementation of environmental protection and management is carried out through the enforcement of environmental laws, namely administrative, civil and criminal law enforcement. Formulation of a new policy on the management of Infectious and Household Waste from Handling Covid 19.

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