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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 MARRIAGE DISPENSATION ARRANGEMENTS IN LEGISLATION IN INDONESIA Bima, Muhammad Rinaldy
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.v6i1.994

Abstract

This thesis aims to determine the age limit for marriage as regulated in Law No. 16 of 2019. The law regulates the minimum age for marriage, which is 19 (nineteen) years for both men and women. In addition, this thesis also examines the implementation of the new Marriage Law in the city of Makassar and the factors that cause underage marriages in the city of Makassar. This research uses empirical legal research (non-doctrinal legal research), which is a legal research method that focuses attention on the legal reality in society. The conclusion is that the number of underage marriages in the city of Makassar is still relatively high both before and after the enactment of Law No. 16 of 2019 concerning marriage in October 2019. The percentage of underage marriages in the Makassar City Religious Court obtained the following data: there were 70 cases of underage marriages in 2017, 82 cases in 2018, 57 cases in 2020, and there were 44 cases in 2021. In addition, based on the results of research, several factors cause underage marriages in Makassar City, including education factors, accidental marriage (pregnancy out of wedlock), low level of education, and economic factors. The recommendation of this research is for the community because many requests for dispensation from marriage are motivated by the social environment, one of which is because of association. Therefore, it is necessary to give religious understanding from an early age to minimize the occurrence of things that are not good.
DETERMINATION OF THE CONCEPT OF VIRTUAL PERMANENT ESTABLISHMENT IN ELECTRONIC TRANSACTIONS TO CREATE LEGAL CERTAINTY Emelia Retno Kadarukmi, Maria
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.v6i1.998

Abstract

This article is intended to analyze the following issues, the establishment of the concept of virtual Permanent Establishment (BUT) and the criteria required to create legal certainty in the collection of income tax on transactions via the Internet. Based on the research results, it is known that essentially e-commerce transactions are not visible (intangible). Through the definition of Article 2 paragraph (5) letter p, the Government attempts to "realize" the transaction into the real thing, so that it meets the criteria of BUT, as mentioned in the OECD in the form of "place of business". In fact, the Government in terms of determining the concept of virtual permanent establishment (BUT) and criteria required to create legal certainty in the collection of income tax on e-commerce transactions, still use the existing criteria in Article 2 paragraph (5) of Income Tax Law. However, the definition in Article 2 paragraph (5) letter p of Income Tax Law has not explained component "fixed" explicitly as required by the OECD, because it has not confirmed the limits of a certain time period, so that a server be "fixed."
IMPLEMENTATION OF GO RIDE PASSENGER INSURANCE IN ONLINE TRANSPORTATION DUE TO ACCIDENTS Saputra, Arikha; Listyorini, Dyah
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.v6i1.999

Abstract

The presence of online transportation is considered to really help the community in the process of mobilizing goods or people. Online transportation is currently very popular among the public, because online transportation is considered cheap and practical. Transportation is a system consisting of facilities and infrastructure, supported by management and human resources which form a service network that functions as a driver, driver and supporter of development. Protection by providing compensation for losses is an important basic basis in insurance, requiring the company to have a legitimate financial interest in the object or event being insured. In the context of online transportation, it is important for companies like Gojek to apply this principle in passenger accident life insurance. This research is a legal research using a normative juridical approach. The specifications of this research are analytical descriptive, because this research can provide a comprehensive, systematic picture and analysis of the realities in the field, especially regarding liability and insurance protection contained in legislation. Data collection is carried out by making observations and using applicable legislation. In carrying out transportation activities other than carrying out passenger trips, the transportation service provider is obliged to insure its liability, meaning that the public transportation company is obliged to compensate for losses suffered by passengers or goods senders due to negligence in carrying out transportation services. Based on article 237 paragraph (1) of the Road Traffic and Transportation Law, it is stated that public transportation companies are obliged to participate in an accident insurance program as a manifestation of their responsibility for insurance coverage for victims and public transportation companies are obliged to insure people employed as vehicle crew. The form of insurance protection provided by Gojek to passengers who use its services is the application of Article 302 of the Criminal Code. The online transportation service provider company Gojek provides insurance to passengers to ensure that travel is protected because passenger safety is Gojek's priority. The form of insurance protection for passengers in Gojek online transportation is stated in the GoRide Pasangger Insurance provisions.
DUTIES AND AUTHORITY OF A NOTARY IN PRODUCING LAND DEEDS Asti, Natasya Rizki; Arsin, Fransiscus Xaverius
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.v6i1.1004

Abstract

Case Study 179/PDT.G/2022/PN.PLG is used to examine the roles and responsibilities of notaries in the creation of land deeds. Two primary lines of inquiry emerge from this statement of need for more study: (1) what are the responsibilities and powers of a notary in producing land deeds, and (2) what is the notary's responsibility for the land deeds he makes? A normative judicial methodology was used for this study. The result of this research is a notary's power to create land deeds is limited by Article 15 of the Law on the Position of Notaries. In compliance with legal mandates like the Government Regulation on PPAT, the Land Deed Making Officer (PPAT) is also empowered to create land deeds. A notary's ability to create certain property deeds, such as a Sale and Purchase Agreement Deed, is constrained by the PPAT's duties. The notary's obligation for land deeds depends on the cause of the inaccuracy. If the notary's mistake causes financial harm, the victim may file a civil lawsuit against the official. The UUJN also suggests possible criminal and administrative consequences, such as temporary termination. If the notary has followed all applicable laws and regulations and an honest mistake has occurred, the notary is immune from liability. This study's findings give a summary of the complexities involved in notaries' roles in drafting property deeds and fulfilling their obligations under relevant laws.
LEGAL CONSEQUENCES OF ACCOUNTABILITY PRINCIPLES AND COMPANY TRANSPARENCY VIOLATION TOWARD COMPANY SHAREHOLDERS Yulianti, Nina Dwi
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.v6i1.1006

Abstract

This study aims to analyze Decision 1028/Pid.Sus/2020/Pn.Jkt.Sel regarding the Actions of the Former Directors of PT. Tiga Pilar Sejahtera Food Tbk in terms of inflating financial reports that cause losses for investors. In addition, the study will examine how GCG violations—particularly those involving accountability and transparency—were carried out by the former directors of PT. Tiga Pilar Sejahtera Food Tbk and how they affected the company’s stockholders. Legal normative research is the methodology employed. The study’s findings demonstrate that, on their own, internal corporate rules like the GCG guidelines of the company and the application of relevant laws and regulations to ensure that the principles of transparency and accountability are upheld are insufficient to prevent violations. Additionally, the two former Directors of PT. Tiga Pilar Sejahtera Food Tbk’s fraud on the financial statements due to their violation of the principles of transparency and accountability caused a significant price decrease for the company’s shareholders.
JURIDICAL ANALYSIS OF STATE FINANCIAL POLICIES IN HANDLING THE COVID-19 PANDEMIC Wirawan, Arka; Samadi, Wibowo Murti; Kusumastuti, Dora
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.v6i1.1007

Abstract

The purpose of this research is: to juridically analyze state policies in handling the Covid-19 pandemic through Law Number 2 of 2020. The writing method used in this research is normative juridical using a statute approach and conceptual approach. Based on the results of the discussion and research, it can be concluded that based on the system of division of powers in Indonesia contained in the 1945 Constitution as the state constitution, the President is given the authority to establish regulations which hierarchically have the same degree as laws known as Government Regulations in Lieu of Laws (Perppu). The existence of Perppu is also widely regulated in countries that apply the presidential system. In addition, the stipulation of Perppu must be based on the existence of a compelling urgency that is temporary (emergency). The category of compelling urgency is the prerogative of the President. Furthermore, legislators can accept or reject the Perppu into law as a definitive rule of law or law. Testing Perppu is the authority of the legislature to accept or reject the Perppu.
APPLICATION OF LEGAL RULES RELATED TO DEVIANT SEXUAL BEHAVIOR (EXHIBITIONISM) Muhammad Faudzi Ahsani; Musakkir; Heriani, Wiwie
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.v6i1.1008

Abstract

This study aims to examine and analyze the phenomenon of the birth of deviant sexual behavior exhibitionism and examine and analyze the application of legal rules related to deviant sexual behavior exhibitionism. The results showed that The application of laws related to exhibitionism may use the offenses of Article 281 of the Criminal Code, Article 10, and Article 36 of the Pornography Law. The judge has the right to determine whether the defendant's actions can be accounted for or not, whether his soul is sick or not, and can be convicted or not. If the panel of judges believes that the defendant is incapable of responsibility and is convicted, then the defendant is free from punishment but is ordered to be treated in a mental hospital. In determining whether the defendant can be responsible or not, the judge usually asks for the help of a psychiatric expert to examine the condition of the defendant, which is commonly referred to as an expert witness in the trial as evidence listed in Article 184 paragraph (1) of the Code of Criminal Procedure.
JUSTICE MODERNIZATION IN THE DIGITAL DIVIDE OF INDONESIAN SOCIETY: A CHALLENGE Angin, Gracious Kesuma Prinstama Perangin; Nurlaily; Seroja, Triana Dewi
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.v6i1.1009

Abstract

As a developing country, Indonesia must keep abreast of and adapt to the dynamics that occur in the digital era. The government must make every effort to utilize information technology in implementing existing public policies. The Supreme Court of the Republic of Indonesia as a judicial institution that has direct contact with justice seekers has required technology-based legal services using e-court applications. The digital divide in Indonesia will greatly affect the ability of the people themselves to obtain their rights at the Indonesian judiciary. This study aims to examine whether the issuance of a judicial modernization legal policy is an appropriate law in the digital divide of Indonesian society. The method of this research uses qualitative methods based on in-depth observations of legal norms. Modernizing justice through the use of electronic applications this Indonesian society is a challenge for the government as a policymaker. This is because certain people still need assistance within their limitations in the digital world to face modern justice.
JUDICIAL REVIEW OF PERPETRATORS REGARDING CRIMES OF VIOLENCE IN THE FAMILY Simanjuntak, Immanuel; Sari Br Malau, Eka Agustina; Lase, Severtianus; Sagala, Christian Raja Adi Negara; Agus , Azwir
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.v6i1.1010

Abstract

Domestic Violence (KDRT) is a problem related to violence that often occurs in households and enters into issues regarding Human Rights (HAM). know the form of criminal responsibility towards the perpetrators of cases of criminal acts of violence in the family, as well as the views of judges on this matter. The normative research method with a qualitative approach is used in this study. Criminal responsibility for the perpetrators of the decision Number 2138/Pid,sus/2019/PN.Mdn that the perpetrators based on the crime that the perpetrators committed violated Article 44 paragraph 1 (one) of Law No.23 of 2004 concerning the Elimination of Domestic Violence, where in this case the perpetrator is asked for criminal responsibility as a legal subject.
THE ACT OF SALE OF A POSTPARTUM CHILD BY THE CHILD’S BIRTH MOTHER Thamrin, Muhammad Arganata; Ismail, Affero
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.v6i1.1011

Abstract

Children are the next generation and determinants of the future of the nation as well as a mirror of life attitudes in the future. Therefore, they need to get the opportunity to grow and develop their physical need, mental and social skill properly. However, sometimes they face serious problem such as getting pregnant out of wedlock when they are 13 years old. The problem occurs because of something undesirable and for that reason they are not ready to become parents. Thus, they commit acts of minor trafficking that are contrary to the provisions of the article 76f juncto Article 83 of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. Minor trafficking is a crime that violates human rights, whose perpetrators are not only adults but also children and most of them are victims of criminal acts. The minors who commited criminal acts need to be taken seriously and their criminal liability is different from adults. Therefore, the minors who are in conflict with the law still get specifically protection regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System.

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