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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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CRIMINAL RESPONSIBILITY OF BUSINESS OPERATORS FOR IRON SAND MINING CAUSED ENVIRONMENTAL DAMAGE Didik Irawansah; Nasrullah; Kasmar
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.v5i2.770

Abstract

The purpose of this research is first to describe the arrangement of criminal liability for business actors for iron sand mining activities which result in environmental damage; second, to describe the form of criminal responsibility of business actors for iron sand mining activities which result in environmental damage. Empirical legal research methods (non-doctrinal), case and policy approaches, using data collection, documentation, observation, and interviews and integrating with literature review of legal documents relevant to the object under study, and analyzed descriptively. The results of the study show, First, legal arrangements for criminal acts of environmental pollution committed by business actors, can be seen in Article 98, Article 99, Article 100, Article 101, Article 104, Article 105, and Article 112 of Law Number 32 of 2009 concerning Protection and Management of the Environment (UUPPLH) can be imposed on individuals, corporations, and authorized officials. Furthermore, accountability for criminal acts of environmental pollution as ultimum remedium is the last legal remedy where the goal is to punish the perpetrators in the form of imprisonment. In enforcing environmental criminal law through four stages namely investigation, prosecution, examination, and execution. In article 94 of the UUPPLH the investigators are Republic of Indonesia Police Officers and Civil Servant Officials, in article 96 evidence, the validity of evidence is witness testimony, expert testimony, letters, certain instructions, statements from the accused, as well as other evidence including evidence which is regulated in laws and regulations. Second, Forms of Corporate Criminal Liability Against Iron Sand Mining Activities Causing Environmental Damage. In the form of absolute liability (strict liability), however, based on Article 88 of the Law, absolute liability or (strict liability) is only limited to the obligation to pay compensation in the event of a civil lawsuit, on the other hand, criminal liability adhered to by the Law Number 32 of 2009 concerning Environmental Protection and Management still adheres to the principle of error.
THE IMPLEMENTATION OF WOMEN'S EMPOWERMENT PROGRAM IN REALIZING GENDER EQUALITY Fransiska Theresia Kune; M. Rifa’i; Willy Tri Hardianto
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.v5i2.772

Abstract

Women’s empowerment in realizing gender equality is one of the responsibilities of the Government and is conducted by government agencies, both central and regional. Problems which still occur to women today are the cases of violence and discrimination. This research was conducted by using descriptive qualitative research, the results of the study stated that there were the implementation of the women's empowerment program in realizing gender equality in Surabaya proven by the program named Gender Equality and Women's Empowerment. It provided several activities such as: Capacity Building of the Women's Organizational Association (GOW) at some sectors such as Politics, Economics, Social and Culture, Independent Business Incubation for productive age women, Implementation of Gender Socialization, Creative Houses for Low-Income Communities (MBR) especially for the productive age women who do not have a business yet by obtaining material on Entrepreneurship, Empowerment of UMKM in Surabaya by making masks and APD during the pandemic, and also Urban Farming for the community through the use of vacant land.
NORMATIVE JURIDICAL ANALYSIS OF FORGERY OF AUTHENTIC DEEDS CARRIED OUT BY NOTARIES Rizka Ayu Dwitami Hidayat; Siti Malikhatun Badriyah
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.v5i2.773

Abstract

The Notary Office Law does not explain the sanctions for Notaries clearly and in detail, only explaining on the Administrative and Civil Side, while Notaries cannot be said that Notaries are free from Criminal Sanctions, while the Notary's Office does not explain the Notary Criminal Sanctions section. Notaries can make mistakes such as committing intentional or unintentional forgery of deeds and these actions violate the Undang-undang Jabatan Notaris (UUJN) and the Notary Code of Ethics. From this case, administrative sanctions or code of professional ethics for the position of notary are imposed and civil sanctions can then become and be qualified as a criminal act committed by a Notary. The method is a descriptive analysis and use data analyzed qualitatively. This result is an explanation of how the application of criminal sanctions to Notaries who commit criminal acts of forgery of authentic deeds and the legal consequences of forgery of authentic deeds carried out by Notaries. As a result of the notary law, which is subject to criminal sanctions in the criminal act of forgery of authentic deeds along with deeds that are used as objects of the case in court for criminal cases, the notary defendant is sentenced to imprisonment and all deeds issued by the defendant's Notary are null and void.
GOVERNMENT’S ATTEMPT TO PREVENT UNFAIR BUSINESS COMPETITION PRACTICES IN INDONESIA: COMPARISON ON REGULATION OF THE COMMISSION FOR THE SUPERVISION OF BUSINESS COMPETITION Rachella Azalia
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.v5i2.774

Abstract

Joint venture in Indonesia has been regulated through Government Regulation No. 20 of 1994 concerning Ownership of Shares of Companies Established in the Framework of Investment and Presidential Decree no. 32, 33 and 34 of 1992 in which a cooperation between foreign capital and national parties intended by the government to provide protection and the role or participation of national private parties in the implementation of foreign investment in Indonesia. Foreign Investment in Indonesia must be in the form of a Limited Liability Company based on Indonesian law and domiciled within the territory of the Republic of Indonesia, unless otherwise stipulated in the Law. This is due to the function of the PT itself, namely the limitation of liability for shareholders. With the proliferation of Foreign Investment implementation in Indonesia, the Government has arranged to continue to provide equal opportunities for every citizen to actively participate in the investment sector. The method of research is normative legal research and type of data analysis used is a qualitative approach with literature studie. Result, one of the government's efforts to prevent monopolistic practices is to oblige business actors to make a notification or notification to the Business Competition Supervisory Commission (Komisi Pengawas Persaingan Usaha).
PROOF OF THE CRIME OF SEXUAL VIOLENCE AFTER THE PASSAGE OF THE SEXUAL VIOLENCE LAW Nurafni Faradillah; Farida Patittingi; Ratnawati
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.v5i2.775

Abstract

This study aims to analyze the proof of the crime of sexual violence after the legalization of the criminal act of sexual violence and what are the inhibiting factors in proving the crime of sexual violence after the legalization of the criminal act of sexual violence. The type of research that researchers use is normative-empirical legal research. This research was conducted in Makassar City, namely at the Makassar Polrestabes, Makassar District Court, LBH APIK Sulsel, UPTD PPA Makassar, and the Makassar University Sexual Violence Task Force. The results obtained through library research and interviews were then analyzed using qualitative analysis methods with a normative-empirical approach. The results of the study show that: 1) Law enforcers, both at the Police and the Attorney General's Office, do not fully understand the substance of the law on the crime of sexual violence, especially with regard to evidence, especially regarding the witness statement which does not absolutely have to be two, but only one witness statement plus other evidence is sufficient. as well as the judge's belief that sexual violence has occurred, so that law enforcers have not fully implemented the law on the crime of sexual violence.
LEGAL PROTECTION OF CERTAIN TIME WORKERS IN COMPANIES Akbar; Marwati Riza; Zulkifli Aspan
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.v5i2.776

Abstract

This study aims to determine the legal protection of employees for a certain time at companies in Makassar City and the implementation of certain time agreements for companies in Makassar City. Agreement The research method used in the research is the juridical-empirical research method. This research was conducted at PT Dinar Wisesa Mahakarya, Makassar City Manpower Office, and South Sulawesi Manpower Office. The method of data collection is by interview and literature. The results obtained will then be analyzed using qualitative analysis methods. The results of the study show that 1) Specific Time Work (PKWT) at PT. Dinar Wisesa Mahakarya has not fully complied with the regulations in accordance with the applicable laws and regulations. These discrepancies include: first, related to the PKWT extension period which has passed the period stipulated by the labor law. 2) Regarding the nature of the work given to employees/workers with PKWT status at PT. Dinar Wisesa Mahakarya is not in accordance with the type and nature of work regulated in UUTK. At this time the form of legal protection for workers with PKWT status at PT. Dinar Wisesa Mahakarya, including the fulfillment of wages which are above the Makassar City UMR, protection for social security in the form of Health PT. BPJS.
IMPLEMENTATION OF CRIMINAL DEVELOPMENT IN CORRECTION INSTITUTIONS Jihan Annisa Mujaddidah; Said Karim; Syamsuddin Muchtar
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.v5i2.782

Abstract

This study aims to analyze the implementation of prisoner coaching in Class IIB Polewali Mandar Penitentiary and to analyze the factors that influence the implementation of prisoner coaching in Class IIB Polewali Mandar Penitentiary. This research is empirical research. The data sources used consist of primary data, namely data from informants at Class IIB Polewali Mandar Penitentiary. Secondary data, namely data obtained from books, the internet, and related legislation. Data collection techniques are by interviews and direct observation. All of these data were analyzed by descriptive qualitative. The results of the study show that (1) the implementation of convict coaching in Class IIB Polewali Mandar Penitentiary has been carried out quite well personality development and independence development. Personality development includes fostering religious awareness, fostering awareness of the nation and state, fostering intellectual abilities, fostering legal awareness and skills. While fostering self-sufficiency includes bread making, carpentry, electric welding, hydroponics, barbershop, paving blocks, handicrafts from sticks, laying hens, fisheries, goat farming, sewing, workshops, agriculture, and laundry. (2) The factors that influence the implementation of convict coaching at the Polewali Mandar Class IIB Penitentiary include legal factors, law enforcement factors, facilities or facilities, community factors, and cultural factors, each of which has an interrelated role so that the implementation run optimally.
PROVISION OF CREDIT FACILITIES TO SUBSIDIARIES BY THE PARENT COMPANY IN VENTURE CAPITAL COMPANIES Anindhya Nareswari
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.v5i2.784

Abstract

The Governmentin developing and improving companies in BUMN by establishing several stategies, one of which is in the form of a BUMN Holding Company which has a strategy in a corporation, in which companies in the context of BUMN Holding are engagend in the same business activities, under one holding company that oversees the companies. Through a holding company is considered to provide more economic benefits compared to a single company. The parent company's business activities will usually determine the type of business license that must be fulfilled by the parent company. One of the BUMN holding companies that becomes a financing institution in increasing added value in a sustainable manner for Micro, Small, Medium Enterprises and Cooperatives (UMKMK) which is based on the principles of good corporate governance (GCG) or good corporate governance. The method of research is normative legal research. Result of the research is during the Covid-19 pandemic, of course, extra funds were needed to meet the company's finances where subsudiaries experienced delays in making loans due to the Covid -19 pandemic, so subsidiaries needed to borrow funds from the holding company.
ANALYSIS OF CHANGES IN ENVIRONMENTAL LAW AFTER THE ENACTMENT OF THE JOB CREATION LAW Nobella Indradjaja; Chamdani
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.v5i2.787

Abstract

Indonesia is a country full of natural resources, which are of extraordinary value in terms of ecology and social. Only, this is not accompanied by regulatory arrangements that are principled in sustainable development goals. The government is an institution that is obliged to ensure that the development is being carried out, although should be profitable in investment terms, must still ensure the preservation of nature. It is just that, because there are so many articles (over capacity) in the act that overlap (over lapping) each other, the government is stuck in a condition to simplify its regulations without paying attention to the preservation side of the environment. This is, evidenced by the use of omnibus law, which is a system of simplifying regulations by revising, changing or deleting articles that are considered inefficient. One of the impacts of this method implementation is the change in the Environmental Protection and Management Law, which is changed into the Job Creation Law, which then revoked by Government Regulation in Lieu of Law Number 2 Year 2022. This law is alleged to have an impact on preservation of the environment due to the loss of the essence of the Environmental Protection and Management Law document importance. Thus, this study focuses on looking at changes in these articles and their impact using the descriptive method of analysis, by discussing existing articles as a basis. The results of this study show that the change of the Environmental Protection and Management Law into the Job Creation Law, which then revoked by Government Regulation in Lieu of Law Number 2 Year 2022, has an impact on Environmental Regulations, Environmental Permits, as well as the preparation of Environmental Protection and Management Law and the provision of environmental impact assessments information to the public.
PROBLEMATICS OF THE OVERSIGHT OF THE CODE OF CONDUCT AND THE CODE OF JUDGMENT BETWEEN THE JUDICIAL COMMISSION AND THE SUPREME COURT Siti Kotijah; Muhammad Rizki An Noor; Ine Ventyrina; Poppilea Erwinta
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.v5i2.788

Abstract

The research objective is to capture the joint examination mechanism which is the control between the Judicial Commission and the Supreme Court. This research uses a doctrinal approach which is based on the existence of a problem that is examined in the laws and regulations, the Code of Ethics and Code of Conduct of Judges, the problems of monitoring the Code of Ethics and the Code of Conduct of Judges in the context of the current joint examination, it is necessary to remove them, as concrete steps taken to improve a supervisory system for the Code of Ethics and Code of Conduct for Judges in the future. Ius the contituendum of supervision between KY and MA as a new formulation of the KY Bill. This method uses a doctrinal (normative) approach because it has a research target in the form of a set of norms. Approach in statutory research, and concept approach. The result is legal implications of the presence of joint examinations in the supervision of the Code of Ethics and the Code of Conduct of Judges between the Judicial Commission and the Supreme Court.

Page 21 of 50 | Total Record : 498

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