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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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BUSINESS JUDGMENT RULES AND IMPOSITION OF STATE LOSSES ON STATE-OWNED ENTERPRISES WHICH LOSSES DUE TO OWNERSHIP OF AN ASSET SOURCED FROM ACCUMULATION OF PENSION CONTRIBUTIONS Nia Sari Damanik, Patricia
Awang Long Law Review Vol. 6 No. 2 (2024): 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.v6i2.1035

Abstract

This article aims to examine and analyze the limitations of implementations of Business Judgment Rule and the imposition of state financial losses on State-Owned Emterprise due to losses in asset which is financed by accumulated pension contributions. The problem is focused on the application of the Business Judgment Rule for accumulated pension contributions losses due to ownership of the JMP stand/kiosk in Surabaya and the imposition of state financial losses on that losses. This research is doctrinal legal research which uses interpretive methods to analyze cases of Director’s decision at BUMN X, the results of which are then developed into descriptive analysis. Based on the theory of Business Judgment Rules, State Finances, and State Losses, it is concluded that the loss in Accumulated Pension Contributions from the ownership of the JMP stand/kiosk is not a state loss and BUMN X Directors cannot be blamed for this loss. This research suggests the Director to do the cut loss immediately by selling the 18 stands/kiosks and continuing to encourage the Minister of Finance to issue implementing regulations of Undang-Undang Nomor 4 Tahun 2004 tentang Pengembangan dan Penguatan Sektor Keuangan as a basis for the cut loss.
LEGAL ANALYSIS OF THE PRACTICE OF TRANSFER OF RIGHTS BY FINANCING INSTITUTIONS THROUGH AN ABSOLUTE POWER OF POWER: A REVIEW OF VIOLATIONS OF LAW AND ITS LEGAL IMPACT Rohmawati, Indah; Khaerudin, Ariy; Yudanto, Dika
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.v6i1.1036

Abstract

This research aims to examine unlawful practices committed by financing institutions in the process of transferring rights by using absolute power of attorney and examine the legal consequences of using absolute power of attorney against the law. The research uses a statutory approach and applicable regulations along with legal principles used to examine the problem under study. The conclusion obtained is that in practice there are still many financing institutions in collaboration with authorized officials who still practice debt and credit mixed with buying and selling, therefore the use of absolute power of attorney in the transfer process is a legal act prohibited by laws and regulations which can be canceled and null and void and is a form of abuse of circumstances and vigilante efforts. The legal consequences of the practice of unilateral transfer of rights using an absolute power of attorney are a form of legal smuggling where when the conditions for the validity of the agreement are not met, which include subjective conditions in the form of an agreement containing elements of unlawful acts and objective conditions regarding legal causes because they violate the Civil Code and Presidential Instruction Number 14 of 1982 concerning the Prohibition of the Use of Absolute Power of Attorney as a Transfer of Land Rights which was later replaced and refined in Government Regulation No. 24 of 1997 concerning Land Registration.
LEGAL PROTECTION FOR CREDITORS AGAINST DEBTORS IN DEFAULT PEER TO PEER LENDING AGREEMENT Marbun, Alvon; Anggi Fitria Nainggolan; Alif Al-Azis Nurullah; Gretta Pertiwi Br; Herman Brahmana; Agus Irawan
Awang Long Law Review Vol. 6 No. 2 (2024): 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.v6i2.1086

Abstract

The purpose of this research is to determine the validity of the Civil Code perspective on peer to peer lending agreements and to determine the factors that hinder creditor returns and the role of the OJK in protecting creditors. This research uses normative juridical methods, namely obtained from library materials and related literature such as books, journals and so on. Peer to peer lending agreements made using an electronic system are basically valid because they fulfill the 4 requirements in Article 1320 of the Civil Code. There are several factors that hinder returns and creditors, namely, individual characteristics, business, credit, internal and external factors. OJK's role in protecting lenders in peer to peer lending agreements, OJK provides sanctions to organizers for losses from fund owners due to errors and negligence in cases where there is a lack of transparency, not acting fairly, not being reliable, not maintaining data confidentiality and security.
ELECTIONS AND THE DIGITAL CAMPAIGN CODE OF ETHICS: EFFORTS TO CREATE A CAMPAIGN BASED ON DIGNIFIED JUSTICE Razak, Askari; Amin, Fakhry
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.v6i1.1098

Abstract

Elections, as a cornerstone of democracy, are encountering unprecedented challenges in maintaining ethical standards and justice values, primarily due to the surge in digital campaigning. Ethical concerns arising from the unregulated use of digital campaign media underscore the urgent need to formulate and implement a Digital Campaign Code of Ethics. This code is envisioned as a guide to integrity for political communicators in the digital space. The research explores the imperative nature of establishing a digital campaign code of ethics to foster responsible election campaigns reflective of justice and dignity. It also seeks to identify challenges and obstacles associated with its implementation. Using a legislative and conceptual approach, this normative legal research scrutinizes regulations related to elections and campaigns, reviewing legal doctrines and principles pertinent to forming a digital campaign code of ethics. Primary and secondary legal materials are collected, analyzed descriptively and analytically, and formulated into logical arguments to address legal issues. The findings emphasize the critical urgency of a digital campaign code of ethics in realizing responsible election campaigns aligned with justice and dignity. The prevalence of digital media and social networks as primary campaign channels heightens the risk of these campaigns becoming tools to advance specific interests without considering justice. The code of ethics is deemed essential to provide legal certainty, delineate ethical boundaries, and prevent the misuse of digital media. Additionally, it guides campaign participants to engage in political competition with integrity and dignity. However, the challenges associated with implementing digital ethics codes are complex. Control over ethical standards is challenging due to the swift dissemination of campaign content, delayed oversight and sanctions, and social media's vulnerability to misinformation and personal attacks. Active cooperation among authorities, election organizers, and social media platforms is crucial for effective monitoring and response to digital campaign content that violates ethical standards.
IMPLEMENTATION AUTHORITY OF THE CONSTITUTIONAL COURT IN THE INDONESIAN CONSTITUTIONAL LAW SYSTEM Moh. Thohir; Didik Sukriono
Awang Long Law Review Vol. 6 No. 2 (2024): 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.v6i2.1112

Abstract

This study delves into the historical evolution and significance of Indonesia's Constitutional Court, focusing on its speculated super authority and independent interpretation of the Constitution. Rooted in the global context of judicial review, the research traces the court's pivotal role back to discussions during the Draft Constitution at BPUPKI and its prominence in the 1945 reform era. With the primary goal of providing a comprehensive understanding of the Constitutional Court's journey, the study sheds light on its distinctive authority and pivotal role within Indonesia's legal and constitutional framework. The research explores the court's exclusive jurisdiction, making its decisions final and binding and limiting legal recourse for dissatisfied parties. By examining the court's historical development and legal foundations, the study elucidates the Constitutional Court's role as a guardian of the constitution. The research reveals that the court's significance stems from its establishment as a constitutional guardian during the 1945 reform era, gaining prominence with the Third Amendment to the 1945 Constitution. The court's exclusive jurisdiction solidifies its position as a final arbiter in constitutional matters, shaping the legal landscape and restricting avenues for legal redress. In conclusion, the Constitutional Court has evolved into a central player in constitutional interpretation, wielding exclusive jurisdiction and serving as a final arbiter, emphasizing its unique authority and indispensable role in shaping Indonesia's legal and constitutional framework.
THE ROLE OF THE YOUNGER GENERATION IN PARTICIPATORY SUPERVISION GENERAL ELECTION IN 2024 Tobing, Rudyanti Dorotea; Astutik, Sri
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.v6i1.1145

Abstract

The purpose of this research is first to describe the implementation of the 2024 General Election and, secondly, to describe the role of the younger generation in participatory supervision of the 2024 General Election. The normative legal research method uses legal materials as the main source, carried out using the philosophical, statute, conceptual, and historical approaches. The research results show that the 2024 general election will be the same as the 2019 election, namely that the legislative and presidential elections (Pilpres) will be held simultaneously. The legal basis for holding the 2024 General Election is the same as the 2019 General Election, namely Law Number 7 of 2017 concerning General Elections (Election Law). The 2024 general election stages begin on June 14, 2022; by Article 167 paragraph (6) of the Election Law, the general election stages begin 20 months before voting day, while voting day is February 14, 2024. Second, supervision of implementing general elections is a desire based on noble concerns (ultimate concerns), to achieve quality general elections. The existence of Bawaslu has experienced significant changes from time to time, which is a sign that its existence is very important for upholding general election justice. The limited number of supervisors is still one of the obstacles for Bawaslu in carrying out supervision at all stages of the general election. The younger generation's involvement in election supervision carried out by Bawaslu is participatory. Participatory supervision is generally described as a joint collective effort involving various components of society to supervise the implementation of general elections. The role of the young generation as participatory observers in general elections is to be able to provide initial information on suspected general election violations, participate in supervising/monitoring the implementation of general elections, prevent general election violations, and report suspected general election violations.
PROVING AS AN HEIR WITH A NOTARIAL DEED Ayu Rahmawati, Shinta; Prasetyo, Mujiono Hafidh
Awang Long Law Review Vol. 6 No. 2 (2024): 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.v6i2.1147

Abstract

Proof that every citizen has the civil right to an heir, to be able to elimanate discrimination in formal form and officials/institutions that make evidence of an heir to the state and the people of Indonesia. The purpose of this journal article was to know how an heir was show to the notary deed (in the form of certificate of inheritance). The method of research used in compiling this journal article is normatif juridical law. The result in this journal study is that there is discrimination within a rule of law in proving as an heir and what is required of the only institution or official who is authorized to produce evidence as an heir.
JURIDICAL REVIEW REGARDING THE MAKING OF HALAL CERTIFICATION FOR MSMES IN SANGATTA CITY Radhitya, Atthyya; Yuniarsih; Azizah, Rizqi Amalia
Awang Long Law Review Vol. 6 No. 2 (2024): 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.v6i2.1162

Abstract

The majority of Indonesia's population is Muslim, so the halalness of a product is very important, especially for products that enter the body. Therefore, the Government, through several regulations, has implemented a policy, namely implementing mandatory halal certification for every MSME actor as stated in Article 2 paragraph (1) of Government Regulation no. 39 of 2021 concerning Implementation of Halal Product Guarantee Sector. However, there are many polemics among MSME players regarding halal certification, starting from limited knowledge regarding how to register, limited costs if it is necessary to register for halal certification, and also minimal outreach regarding the importance of halal certification for MSME players in Sangatta city . In order to overcome these obstacles, collaborative efforts are needed between the government, related institutions and MSME actors themselves. Concrete steps that can be taken include increasing outreach and education, providing cost subsidies, simplifying the certification process, strengthening coordination between related institutions. In this journal, it is appropriate to use normative methods with statutory and conceptual approaches. This halal certification has a very important role in increasing consumer confidence, product competitiveness and access to global markets.
LEGAL PROTECTION OF CONSUMERS DUE TO DEFAULT BY @SELLYALBOEM IN PURCHASING NEO CULTURE TECHNOLOGY (NCT DREAM) ALBUMS Hikmawati, Cahya Agustianing Durrah; Yasa, I Wayan; Zulaika, Emi
Awang Long Law Review Vol. 6 No. 2 (2024): 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.v6i2.1164

Abstract

The impact of the internet as a result of advances in the development of information technology for consumers has changed consumer behavior to become more critical and selective in determining the products they will choose. A valid agreement will have an achievement. As is known that an agreement is a relationship between two parties, based on which one party is entitled to demand something from the other party, and the other party is obliged to fulfill these demands. In this case, the achievement can be in the form of giving something, doing something, or not doing something. Although an agreement is made with the hope that everything that has been agreed upon can go well, in practice there is often a non-fulfillment of achievement from one of the parties which gives rise to a situation called default. The problem in this thesis is about the form of legal protection for consumers due to default on the purchase of NCT Dream Albums and dispute resolution efforts that can be taken if there is a default on the purchase of NCT Dream Albums. The research method in this thesis consists of a normative juridical research type with a research approach using a statutory approach and a conceptual approach. The source of legal material uses primary legal materials and secondary legal materials. The results of this study indicate that legal protection for consumers due to default by @Sellyalboem in purchasing Neo Culture Technology (NCT Dream) Albums is divided into two. First, internal legal protection is created through an agreement made by each party. The authorities create second, external protection through the formation of laws and regulations aimed at the interests of the injured party. Business actors who make defaults must make compensation. If they do not make compensation, consumers can be able to make settlement efforts using 2 ways, namely, out-of-court dispute resolution (non-litigation path) and dispute resolution in court (litigation path).
LEGAL PROTECTION OF CUSTODY RIGHTS FOR DUAL CITIZENSHIP CHILDREN AFTER THE DISSOLUTION OF MARRIAGE Wicaksana, Agus Arief; Astutik, Sri; Prawesthi, Wahyu; Hartoyo
Awang Long Law Review Vol. 6 No. 2 (2024): 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.v6i2.1165

Abstract

The purpose of this research is first to determine the legal consequences of the breakup of mixed marriage on the custody of dual citizenship children and second, to understand the judge's considerations in handing down a decision as legal protection of child custody after the breakup of mixed marriage normative legal research methods. In the era of growing globalization, population mobility between countries has become increasingly common. This often causes mixed marriages between Indonesian citizens and foreigners to occur. Obstacles for people carrying out marriages of different nationalities, both within and outside the country, are regarding legal protection for children if in a marriage in Indonesia, for example, there is a divorce which has an impact on the division of assets, child custody, and so on. The most prominent impact of this kind of marriage is the birth of children with dual citizenship or dual citizenship. These children are citizens of more than one country at birth, and this presents unique challenges regarding their custody when parents divorce. An issue that is vulnerable and often arises in mixed marriages is the issue of the child's citizenship. Even though there are several legal regulations governing child custody, disputes over child custody often become disputes in court that require fair handling by judges. In this research, the judge decided that custody of a dual-citizen child would be given to the biological mother by applying the principle of the best interests of the child.

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