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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.
Arjuna Subject : -
Articles 498 Documents
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CARBON TAX AND ITS EFFECT ON THE ECONOMY, TAXES AND ENVIRONMENT 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.v6i1.1013

Abstract

This research discusses theoretically the relationship between carbon tax with economy, tax and environment. This research is a legal research with analytical descriptive nature, namely research that analyzes secondary data on issues related to carbon taxes as an instrument for reducing carbon dioxide emissions. According to secondary data, this research is aimed at discovering aspects of carbon tax design, collection of carbon taxes, and state management of carbon tax revenues. Carbon taxes are an effective and efficient instrument to support the reduction of carbon dioxide emissions. To be implemented, a carbon tax must be feasible. Eligibility requires public acceptance. On the other hand, a carbon tax can create a lot of controversy. The main argument against carbon taxes is that carbon taxes do not always guarantee emission reductions. In addition, there are also concerns over the unintended effects of competitiveness, carbon leakage, and fears of unintended distributional impacts, which could be barriers to implementation.
CRIMINAL OFFENSES ARE IN CERTAIN AREAS OF THE AIRPORT WITHOUT PERMISSION FROM THE AIRPORT AUTHORITY Timbonga, Yotham Th.
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.v6i1.1014

Abstract

Only sometimes flights can be carried out well according to the rules because bad things still happen during their implementation. Aware that undesirable things are still happening at airports, anyone is prohibited from being at the airport without permission from the authorized official; this is in line with the contents of Article 210 of Law Number 1 of 2009 concerning Aviation. This research determines the elements of material offenses for criminal acts of being in certain areas at the airport without permission from the airport authority (study Decision Number 725/Pid.B/2020/PN.Sda). This research uses normative legal analysis with a case and statutory approach. The research materials consist of primary legal materials, namely statutory regulations and judge's decisions. The conclusion in this research is that the material offense element of a criminal act is in a particular area at the airport without permission from the airport authority in Decision Number 725/Pid.B/2020/PN Sda, which is correct because it fulfills the elements in Article 421 paragraph 91) Law Number 1 concerning Aviation, the material aspects of which consist of Any person who is in a particular area at the airport, without obtaining permission from the airport authority as intended in Article 210.
LEGAL RELATIONS IN THE USAGE OF LETTER OF VALUE AND BANKING INSTRUMENTS AS A MEANS OF PAYMENT Chamdani; Indradjaja, Nobella; Sonny Wijaya
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.v6i1.1015

Abstract

In order to facilitate transactions, the banking sector determines several forms of payments, such as in real money, paper based and e-money. As a form of payment and receivable account, paper money holds function equivalent to real money, which are authenticated in negotiable instruments. The usage of negotiable instruments and the cashing are regulated in several agreements between the two parties, which are also involve another party like Bank Indonesia or the affiliates. This research is conducted with the intention of observing the forms and systems of payment using Securities and Banking Notes, as well as how the legal relationship between the issuer of securities and the holder of securities. Normative legal research methods is used to find the basis, principles and doctrines of law as an effort to overcome the legal issues that are the focus of research. Although, in such a contract, the legal basis of law is needed since negotiable instruments are often used as a payable form in several transactions which affects in ownership changes. Thus, for these cases, there are four theories that can be used: Creatief Theories, Vertoning Theories, Overeenkomst Theories, and Redelijkhesdist Theories. The issuance of SBPU is done to regulate the rate of demand deposits that replace the function of money, SB also holds a function as a letter that guarantees the receivables and obligations of the party who has a debt.
COLLECTION OF MONEY OR GOODS: LEGAL CERTAINTY and STATE RESPONSIBILITY Bango, Fikran S; Naswar; Sapiddin, Andi Syahwiah A.
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.v6i1.1016

Abstract

This research aims to analyze the legal certainty of collecting money or goods in the midst of society, as well as what is the responsibility of the state that must be carried out in accordance with regulatory provisions. The type of research used is Normative Empirical legal research. The results obtained through literature studies and empirical data are then analyzed by the Normative Empirical method. The results showed that: 1). Legal certainty for the collection of money and goods in the community and the responsibility of the state which is tasked with overseeing the development of the collection of money and goods in Indonesia. 2) The fact of the development of philanthropic institutions in Indonesia is reviewed in the concept of philanthropy in Indonesia. Then the process of collecting money and goods must be in line with regulations.
JURIDICAL ANALYSIS OF THE CRIME OF MALTREATMENT RESULTING IN SERIOUS INJURY Alice; Bonggoibo
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.v6i1.1017

Abstract

Persecution is a crime committed by intentionally damaging the health of another person resulting in injury or pain to a person's body, this persecution is also usually carried out because of a grudge or feeling humiliated by others persecution. the problem of persecution and the Judges' Legal Considerations in imposing crimes against perpetrators of persecution in the Manokwari District Court Decision No. 149/Pid.B.2021.PN.MNK. The purpose of this research is to find out the provisions referred to in the crime of maltreatment of serious injury and to find out the application of criminal sanctions against victims of maltreatment causing serious injury with case number 149/Pid.B.2021.PN.MNK). The method of analysis and the data obtained are analyzed qualitatively, namely the analysis carried out by understanding and assembling legal materials related to the problems that have been collected descriptively so that an overview of the problem under study can be obtained, then the legal material is presented systematically and then legal interpretation is carried out.
IMPLEMENTATION STRATEGY OF STREET VENDORS ARRANGEMENT POLICY Nugraha, Dhion Fasesa
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.v6i1.1018

Abstract

The existence of street vendors (PKL) as one of the informal sectors that is recognized as having advantages compared to other sectors but the fact that the existence of street vendors (PKL) creates new problems such as traffic chaos and loss of the beauty of the city. This research aims at the implementation strategy of Street Vendor structuring policy in the Kadipaten Market of Majalengka Regency, knowing the factors that support or hinder the implementation of local government policies towards Street Vendors in the Kadipaten Market of Majalengka Regency and efforts in the Strategy for implementing the Street Vendor stage policy in the Majalengka Regency Duchy Market. The type of research used is the type of qualitative descriptive research. The informants in this study were the main informants, namely 2 Koperindag employees, the key informants, namely 5 Street Vendors (PKL) and supporting informants, namely 2 communities. Based on the results of the research conducted, the implementation of local government policies towards Street Vendors (PKL) in the Kadipaten Market of Majalengka Regency is still not fully in accordance with Regional Regulation No. 11 of 2010 concerning the arrangement of Street Vendors (PKL) in Majalengka Regency or in other words unsuccessful implementation. This is caused by several problems such as a less strategic place, lack of funds, the adaptation of a new place that emerged that made Street Vendors (PKL) choose to sell again was in the Kadipaten Market of Majalengka Regency, a less strategic place. Efforts in the implementation strategy include human resources, non-human resources, bureaucracy and cooperation.
THE EFFECTIVENESS OF THE PROSECUTOR'S AUTHORITY AS AN INVESTIGATOR OF ALLEGED CORRUPTION OFFENSES Badaru, Baharuddin
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.v6i1.1019

Abstract

This study aims to determine the effectiveness of the investigation into alleged corruption and the factors that influence the effectiveness of the investigation into alleged corruption. The research method used in writing this is an empirical method, with secondary and primary data coverage. The results of this study indicate that the effectiveness of the investigation into alleged corruption is still not effective, this can be seen from the existence of areas in investigations that have not been completed due to several obstacles in adjusting to the material elements of corruption and there are several factors that influence the effectiveness of the investigation into alleged corruption, including namely; legal substance, legal structure, facilities and infrastructure, and legal culture of the four factors that have the most influence on the effectiveness of the investigation of suspected corruption is the legal structure of calculations Auditor to BPK/BPKP. Recommendations for research on all forms of obstacles for the effectiveness of investigations into criminal acts of corruption committed by the investigating prosecutors so that they are even more efficient in finding evidence for the sake of accelerating investigations, increasing the number of prosecutors' personnel, and it is necessary to procure a new profession of prosecutors who are authorized in auditing (auditor certification), so that they have special expertise in financial auditing without Waiting too long for the audit results of other institutions for the sake of efficiency and acceleration of the next law enforcement process. Keywords: Investigative effectiveness, corruption.
LEGAL PROTLEGAL PROTECTION FOR CUSTOMERS OF CECTION FOR CUSTOMERS OF CONVENTIONAL INSURANCE COMPANIES THAT CONVERT INTO SHARIA GENERAL INSURANCE Manurung, Qhairul Fadly
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.v6i1.1024

Abstract

The problem of legal protection for customers who are members of insurance companies that carry out conversion from conventional insurance to general Sharia Insurance has indications of the emergence of legal problems. This is because the customer must decide whether to renew the policy contract with Adira Insurance for conventional general insurance products or change the policy contract to a Sharia General Insurance Policy. The research method used is normative juridical. The purpose of this study is to answer about legal protection for customers who are members of insurance companies that carry out conventions from conventional insurance to general Sharia Insurance. The results showed that its urgency to find a format and solution from the company for all former clients of PT Zurich Insurance Indonesia so that clients who do not want to transfer their policies to Sharia General Insurance have clear certainty and legal protection.
THE TRADEMARK RENEWAL PROCESS RELATES TO THE EXCLUSIVE RIGHTS OF THE BRAND HOLDER BASED ON LEGAL CERTAINTY Laiya, Leonard Tasuno; Rahaditya
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.v6i1.1025

Abstract

In this age of digitalization, the significance of Intellectual Property cannot be ignored. In experiencing the changing era, the Intellectual Property protection system also needs to adjust well, along with the changes, growth, challenges, and opportunities that exist. The growth of the era cannot be ignored, and in the context of the current growth of Intellectual Property, the protection system must also explore so as not to lag behind and protect the rights of individuals efficiently. With this growth, the process of acquisition and ownership of Intellectual Property as a form of protection of intellectual property, absolutely must be supported, facilitated and facilitated by all parties. With such support, facilitation, and ease, this will not only increase the number and quality of Intellectual Property ownership, but more importantly, it will reflect progress in the field of science and technology at the national level. Not only that, it is also a sign of economic progress and the welfare of citizens. The most important is the trademark which is one of and cannot be separated by aspects of Intellectual Property, along with the Exclusive Rights of the Trademark Holder. Because all of these contexts concern the principle of legal certainty. In the context of the disappearance of national borders due to globalization, with the presence of freedom of entry of objects and services. The management of intellectual property rights is very meaningful for the nation's materials because it can share legal protection for intellectual property owned by creators, inventors, designers, and creators related to their creations or intellectual works.
IMPLEMENTATION OF PANCASILA VALUES IN SUPPRESSING THE RADICALISM MOVEMENT Febrian Nanda Putra Sukarna; Subelo Wiyono
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.v6i1.1034

Abstract

Pancasila, as a state ideology, encourages unity, tolerance and diversity in society. The Indonesian government has played an important role in promoting and maintaining Pancasila values ​​as a tool to prevent radicalization. This includes education, laws, regulations and outreach that support these values. Society also plays a key role in maintaining Pancasila as the foundation of unity and stability. Despite success in many aspects, challenges in suppressing radicalism movements remain and require continued efforts. Awareness of Pancasila values ​​and commitment to them is key in ensuring that Indonesia remains a peaceful and diverse country.

Page 25 of 50 | Total Record : 498

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