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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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THE OBLIGATIONS AND LIABILITIES OF NOTARIES IN PROVIDING SOCIAL SERVICES IN ACCORDANCE WITH THE IMPLEMENTATION OF THEIR POSITIONS Ellyca; Winanto Wiryomartani
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.v5i2.791

Abstract

Notary as a public official authorized to make authentic deeds is one of the practitioners in the field of law who is obliged to provide social services for the community, especially for the poor. The notary's obligation to provide social services can help provide legal certainty as a form of a rule of law because it can prevent disputes, especially in terms of land ownership, land control. In this research to ensure the implementation of an objective research and in accordance with applicable legal principles, this research uses normative juridical research methods with an approach through applicable laws and regulations or through a statute approach and general legal concepts or conceptual approach. This prevention can be done if people who are unable as legal subjects know clearly their rights and obligations and have access to legal services. However, in general, social services in the field of law are currently only in the form of free legal assistance for parties in litigation, while it is still rare to find social services in the form of consulting assistance or notary services which are still little known to the less fortunate. Result of this research is writing intended to examine the obligations and responsibilities of a notary in providing social services to the community, especially for people who can't afford it.
THE CRIME OF FORCED MARRIAGE AGAINST CHILDREN IN THE PERSPECTIVE OF CRIMINAL LAW Azisa, Nur; Syamsuddin Muchtar; M. Aris Munandar; Ismail Iskandar; Nurul Hikmah; Fhildzha Zhafirin
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.v5i2.799

Abstract

Child marriage is a phenomenon that stilloccurs frequently in Indonesia today. After the promulgation of The Law of the Republic of Indonesia Number 12 Year2022 concerning Crimes of Sexual Violence(TPKS Law), child marriage is categorizedas a criminal act of sexual violence basedon forced child marriage. The criminalprovisions related to forced child marriages, the TPKS Law is disharmony with The Law of the Republic of Indonesia Number 16 Year 2019 concerning Amendments to The Law of the Republic of Indonesia Number 1 Year 1974 concerning Marriage (MarriageLaw), in which the law accommodates thepossibility of filing a dispensation with ageand cultural considerations. Meanwhile, thisis very inconsistent with the principlesadhered to in the TPKS Law. So that thiscan lead to obscuur libel (obscurity) in lawenforcement in the future. Given that theTPKS Law still does not have to implementregulations, it is still classified as an aspiredlaw (ius constituendum).
THE DEATH OF HAJJ PILGRIMAGES DURING THE WAITING PERIOD AND ITS IMPACT ON THE INHERITANCE SYSTEM AT THE MINISTRY OF RELIGION'S OFFICE EAST KUTAI DISTRICT Sofiansyah
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.v5i2.971

Abstract

The heirs who receive the delegation of portion numbers of the Hajj congregation who died, do not reduce their share of inheritance and its impact on the inheritance system. This study aims to analyze the procedure for delegating the portion number of Hajj congregation who died during the waiting period at the Office of the Ministry of Religious Affairs of Kutim Regency, analyze the problems faced by the heirs in the delegation of the portion number of the Hajj congregation who, and analyze the determination of the heirs who receive the delegation of the portion number and its impact on the inheritance system taken by the family of the Hajj congregation who died during the waiting period. The type of research is empirical legal research. The approach in this research uses a normative sociological approach. Data were collected by observation, interview, and documentation. Data analysis in this research is qualitative with the Induction way of thinking. The results showed that the procedure for delegating portion numbers in accordance with the Kepdirjen Number 130 of 2020 about Implementation Guidelines for the delegation of portion numbers for hajj congregation who died or were permanently ill. The problem faced is the distance-time-cost. Determination of the heirs who receive the delegation of the portion number is carried out through discussion and it does not reduce their inheritance. So that it does not have an impact on the inheritance system in the family of the heir.
JURIDICAL ANALYSIS OF THE RIGHT OF INQUIRY OF THE HOUSE OF REPRESENTATIVES IN PERFORMING THE SUPERVISORY FUNCTION ACCORDING TO INDONESIAN CONSTITUTIONAL LAW Riastri Haryani; Sumiyanto, Oki
Awang Long Law Review Vol. 6 No. 1 (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.v6i1.797

Abstract

The right of inquiry of the House of Representatives is a right to conduct an investigation owned by the House of Representatives that decides that the implementation of a law in government policies that is important, strategic, and has a wide impact on community life, the nation, and the state is allegedly contrary to legislation. The right of inquiry of the House relating to the exercise of the supervisory functions of the House is “an institutionalized system, involving the effectiveness and regularity of restrictions on government actions. In Indonesian constitutional practice, the right of inquiry is rarely implemented. Twice executed during the reign of the old order and twice executed during the reign of the new order. The use of the right of inquiry in the current presidential system shows a significant increase. This study uses normative juridical methods that are descriptive and analytical. Basically, the right of inquiry is a constitutional right of the DPR in the constitutional system as part of carrying out the function of supervision and balance of the executive. As a result of the legal application of the right of inquiry, the House of Representatives can exercise the right to express an opinion.
CONSTRUCTION OF ABORTION CRIMINAL PROVISIONS IN THE REFORM OF THE NATIONAL CRIMINAL CODE Munandar, M. Aris
Awang Long Law Review Vol. 6 No. 1 (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.v6i1.800

Abstract

The construction of criminal sanctions for perpetrators of the crime of abortion in Law of the Republic of Indonesia Number 1 Year 2023 concerning the Indonesian Criminal Code (Kitab Undang-Undang Hukum Pidana/KUHP) in general contains a change in perspective regarding abortion. The criminalization of abortion in the National Criminal Code is a form of reform in law enforcement for the crime of abortion. The method of research used in normative legal research. The result of research reduction in the threat of imprisonment in the National Criminal Code for abortion perpetrators indicates a moderation of criminal sanctions for perpetrators of criminal acts. This is very different from the spirit of the Law of the Republic of Indonesia Number 36 Year 2009 concerning health (the Health Law) in preventing abortion. This is because abortion is indeed a field of criminal health law, which expresses the verb is and should indeed be regulated in health law as a lex specialist. However, there are also efforts to benefit that are proposed in the National Criminal Code, namely by providing 14 (fourteen) weeks of pregnancy termination for women who wish to have an abortion either for medical indications or for the crime of rape or other criminal acts of sexual violence.
LAW ENFORCEMENT AGAINST CHILDREN WITH VIOLENCE Juhriati; Jufrin; Muhammad Amin
Awang Long Law Review Vol. 6 No. 1 (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.v6i1.816

Abstract

The purpose of this research is first to describe the implementation of law enforcement against child victims of intercourse accompanied by violence in the Bima Kota Police PPA Unit; second, to describe the obstacles in law enforcement against child victims of violent intercourse at the Bima Kota Police PPA Unit. 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, the implementation of law enforcement against child victims of violent intercourse at the Bima City Police Unit PPA is in accordance with applicable laws and regulations using the Criminal Procedure Code and the SPPA, where at the investigation level it is carried out starting with an initial examination or interrogation of witnesses who can provide clues to the incident. Then a post mortem et review was carried out on the victim's child to identify injuries to physical violence. Then the crime scene was processed at the scene to confirm other clues. Second, obstacles in law enforcement against child victims of sexual intercourse, (1) Witnesses who are still children and find it difficult to communicate during the examination process. Especially if the key witness is a child who is still traumatized by the events he witnessed. (2) There were no witnesses who saw them directly and the witnesses did not want to come to provide information. (3) There were difficulties in uncovering the cause of death of the victim's child because in the jurisdiction of the Bima City Police there were no forensic experts so they had to carry out an autopsy at the Bayangkara Hospital in Mataram. (4) There is no expert psychologist witness accompanying the child witness in proving the quality of the testimony given by the child witness.
SETTLEMENT OF LAND OWNERSHIP DISPUTES BETWEEN MM LACHINSKY AND NY CAECILIA Marshella, Evi; Arikha Saputra
Awang Long Law Review Vol. 6 No. 1 (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.v6i1.856

Abstract

The most fundamental thing about the modus operandi of violations in the implementation of Agrarian Law is the error in understanding, recognizing and applying the conversion of land rights from before and after the enactment of UUPA No. 5 of 1960. Apart from that, the worst thing is that there have been actions, among others, legalizing the mutation of documents with legal defects, the wrong application of the relevant law, changing the measuring papers to pictures of the situation and the mistakes of law enforcers and law enforcement. The results of this study indicate that the Basic Agrarian Law has never regulated that since the enactment of the Law, lands owned by citizens and foreigners have become land controlled by the State. Conversely, when the law is enacted, the old land rights must first apply the conversion provisions that are relevant to the position of the case, in this case are Article 1 paragraph (3), (4), (5) Provisions Conversion of UUPA and Article 12. These regulations are actually looser for foreign citizens who are being burdened with former rightsground lease. This concession and protection are explicitly or implicitly stated in these regulations, namely when there are obstacles for foreign nationals to obtain land conversion e.I dobecome property rights based on Article 1 paragraph (1) of the UUPA Conversion Provisions No. 5 of 1960, then article 1 paragraph (3) protects foreign ownership through conversion to building use rights referred to in article 35 paragraph (1) UUPA No. 5 of 1960. Whereas according to Article 36 paragraph (1) point a. Building use rights are forcitizen Indonesian only.
LEGAL REASONING OF THE JUDGE'S DECISION REGARDING GOVERNMENT PROCUREMENT CONTRACT GUARANTEE CLAIM A Malik, Djamil; Erwin, Yulias; Nurjannah Septyanun
Awang Long Law Review Vol. 6 No. 1 (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.v6i1.966

Abstract

The decision is a written legal text made by an authorized judge, and its legal product is categorized as a crown. However, despite being considered a crown, a judge's decision is not exempt from examination by legal scholars. The optics used in the examination process are based on various perspectives, including hermeneutics as the fundamental basis for interpreting the text (decision). Substantively, hermeneutics has three main streams of thought, namely as a theoretical (methodological), philosophical, and critical hermeneutics, each with different understandings. Hermeneutics as a method focuses more on the effort to capture and reveal the meaning of the text, while philosophical hermeneutics goes beyond that and emphasizes "capturing meaningful meaning," implying that the meaning of the text can be continuously produced through a dialectical process. On the other hand, critical hermeneutics focuses on the aspect of disclosing the meaning of the author's ideological interests. This research aims to examine the legal reasoning in Decision No. 272 / PDT.G / 2017 / PN.BDG regarding the Government Procurement Contract Guarantee Claim from the perspective of Hans Georg Gadamer's Hermeneutic Circle. The research type is normative doctrinal, using secondary data sources consisting of primary, secondary, and tertiary legal materials with a conceptual approach, statutory approach, and case study. The research findings suggest that the process of claiming a bank guarantee through the judicial institution can be carried out by the Procurement Committee (PPK) as long as they obtain authorization from the Budget User, who is the owner of the work (bouwheer). This is due to the hybrid nature of government procurement contracts, which distinguishes them from private contracts, and the clarity of the scope of authority of the Budget User serves as the establishment of formal justice, acting as a bridge (epistemology) toward substantive justice.
COMPARISON OF CIVIL INHERITANCE LAW AND TOBA BATAK TRADITIONAL INHERITANCE LAW REGARDING THOSE WHO ONLY HAVE DAUGHTERS AS HEIRS Sipahutar, Gracia Taruli Apriliani; Yunanto
Awang Long Law Review Vol. 6 No. 1 (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.v6i1.976

Abstract

This research aims to determine the position of daughters in the distribution of inheritance based on Toba Batak customary inheritance law. This research contains a comparison of the laws contained in the Civil Code with the Toba Batak Traditional Inheritance Law that lives in society. The research method was carried out in a normative juridical manner using a comparative legal approach. This research uses primary legal sources, namely Legislation and Customary Law. Meanwhile, secondary legal sources are obtained from literature studies using journals or other written research. This literature study also uses sources obtained via the internet, such as expert opinions in webinar videos. Based on research, there are differences in provisions in the Civil Code and the Toba Batak Traditional Inheritance Law. The division of inheritance in the Civil Code equalizes the position of women and men. Meanwhile, in the Toba Batak Traditional Inheritance Law, the position of men is still considered higher than women. This research also shows that there are traditional misunderstandings that cause discrimination against women. In the more traditional Toba Batak Customary Law, women also receive inheritance, but in a different form, for example pauseang.
JURIDICAL ANALYSIS OF REJECTION OF INKORTING BY TESTAMENTER HEIRS Hermawan, Firza Ayudya; Rahandy Rizky Prananda
Awang Long Law Review Vol. 6 No. 1 (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.v6i1.978

Abstract

The inheritance system that is enforced in Indonesia, among other things, is by using an inheritance system based on the Civil Code. This provision allows the deceased to bequeath his assets to ab intestato heirs or even to a third party by making a will or testament. Making a will allows the deceased to give some, a part, even all of their assets to other people, which opens the possibility of the absolute portion or Legitieme Portie being violated by the legitimatary heirs. In the event that the legal heirs object to the violation of the absolute portion, it is possible to reduce or inkorting the assets obtained by the testamentary heirs. This article aims to determine the position of a testament in an inheritance and whether or not a testamentary heir can rejected in the event of being decided to do inkorting using research using normative juridical methods. The conclusion obtained is that the position of the testament is considered higher because it is the final wish of the testator, but its application is still limited by Article 913 of the Civil Code. Meanwhile, incorruption cannot be rejected by the testamentary heirs, because the arrangements regarding the fulfillment of the legitieme portion are coercive. The conclusion obtained is that the position of the testament is considered higher because it is the final wish of the testator, but its application is still limited by Article 913 of the Civil Code. Meanwhile, incorruption cannot be rejected by the testamentary heirs, because the arrangements regarding the fulfillment of the legitieme portion are coercive. The conclusion obtained is that the position of the testament is considered higher because it is the final wish of the testator, but its application is still limited by Article 913 of the Civil Code. Meanwhile, incorruption cannot be rejected by the testamentary heirs, because the arrangements regarding the fulfillment of the legitieme portion are coercive.

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