Awang Long Law Review
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.
Articles
498 Documents
<![CDATA[RESTORATIVE JUSTICE IN CRIMINAL DEFAMATION ON SOCIAL MEDIA: A LEGAL PERSPECTIVE AND IMPLEMENTATION IN INDONESIA ]]>
<![CDATA[Widodo]]>
<![CDATA[ Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v6i2.1192
<![CDATA[This research discusses restorative justice in the crime of defamation on social media, focusing on the legal perspective and its implementation in Indonesia. Defamation through social media has become an increasingly relevant issue in today's digital era. The restorative justice approach offers an alternative in resolving defamation cases that can restore the relationship between the perpetrator and the victim.The purpose of this research is to find out how is the implementation of restorative justice in the settlement of criminal defamation in social media? This research uses a normative juridical approach, with a literature study that includes various sources such as scientific writings or articles in the form of books, online media, dissertations or other literature. The results showed that the implementation of restorative justice in the settlement of criminal defamation in Indonesia is still limited and faces various obstacles. These obstacles include a lack of awareness and understanding of the concept of restorative justice, lack of support from relevant institutions, and challenges in identifying and involving all parties involved. Restorative Justice has great potential as an effective approach in resolving defamation cases. This approach focuses on recovery and reconciliation between the perpetrator, the victim, and the community.]]>
<![CDATA[JURIDICAL REVIEW OF THE JUDGE'S CONSIDERATION OF NOT ACCEPTING THE BANKRUPTCY APPLICATION AGAINST ]]>
<![CDATA[Sopian, Singgih]]>;
<![CDATA[Abas, Muhamad]]>;
<![CDATA[Lubis, Adyan]]>
<![CDATA[ Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v6i2.1195
<![CDATA[Based on the problem of bankruptcy and the postponement of debt payment obligations where PT. Fuji Smbe Indonesia filed a Bankruptcy Application against PT. Amanda Gumulung Sejahtera is due to her inability to pay her debts that have matured or the Suspension of Debt Payment Obligations (PKPU), in this case what is the legal basis for the judge's consideration of not accepting the bankruptcy application against Pt. Amanda Gumulung Sejahtera and the legal consequences for the debtor for the delay in debt payment obligations. The purpose of writing is to find out the legal basis for the judge's consideration of not accepting the bankruptcy application and the legal consequences for the debtor for the delay in debt payment obligations. This research uses a normative legal approach method or library legal research which is carried out by researching literature materials. Data sources consist of secondary data including primary, secondary and tertiary legal materials. The conclusion is that PT. Amanda Gumulung Sejahtera has met the bankruptcy requirements, namely having more than one creditor and the existence of duet and collectible debts that have been regulated in Law Number 37 of 2004 concerning the Postponement of Debt Payment Obligations.]]>
<![CDATA[LEGAL PROTECTION AGAINST HOLDERS OF REGISTERED BRAND "PUMA AND CAT JUMPING" FOR SIMILARITY TO FAMOUS BRANDS ]]>
<![CDATA[Dewi Putri Wibowo, Sabrina]]>;
<![CDATA[Amalia, Lia]]>;
<![CDATA[Abas, Muhamad]]>
<![CDATA[ Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v6i2.1197
<![CDATA[This research focuses on two important aspects: The research will delve deeply into laws related to well-known brands in Indonesia and the research will analyze specific cases that have been decided by the courts, such as case Number 16/Pdt.Sus-HKI/Brand/2023/PN Niaga Jkt.Pst.Well-known brands are usually highly valued because they spend money on advertising and promotion, and become more popular around the world. In addition, it obtains legal protection through trademark registration in different countries, which gives them exclusive rights to their trademarks and allows others to use them illegally. The Trademark Law in Indonesia provides special protection for well-known brands. However, trademark infringement still occurs in Indonesia. Normative juridical research, with legislation and case approaches on legal protection of well-known brands in Indonesia. Result: The Trademark Law provides a clear framework for the legal protection of well-known trademarks in Indonesia, both preventively and restrictively, in particular Article 21, Article 83 and Explanation of Article 76 paragraph (2). In decision Number 16/Pdt.Sus-HKI/Brand/2023/PN Niaga Jkt.Pst, the Commercial Court considered evidence showing that the Defendant deliberately took advantage of the reputation of the "PUMA and Jumping Cat" brand without permission or license. The Commercial Court decided to cancel the registration of the Defendant's trademark "PUMA and Jumping Cats" because the action infringed the Plaintiff's trademark rights. This decision was made to protect the Claimant from its legitimate trademark rights.]]>
<![CDATA[DIVERSION AS THE CASE RESOLUTION FOR CHILDREN IN CONFLICT WITH THE LAW WITHIN THE PERSPECTIVE OF LEGAL PSYCHOLOGY ]]>
<![CDATA[Chamdani]]>;
<![CDATA[Indradjaja, Nobella]]>;
<![CDATA[Nurhandy, Febrina]]>
<![CDATA[ Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v6i2.1199
<![CDATA[Children have an important role in life, so children's problems are initially personal problems, namely the relationship between parents and their children. Children in conflict with the law are children who are in conflict with the law, children who are victims of criminal acts, and children who are witnesses to criminal acts. ABH must be viewed comprehensively, both sociologically, psychologically and formally juridically. If done carefully, we will achieve comprehensive protection of children's rights and human rights. The method used in this research is normative research with a statutory and psychological approach in analyzing the data. The existence of a child rights convention which contains international regulations which have been adapted into national law in the form of a law is often frightening when viewed from the perspective of "protecting behind the law". Diversion is mandatory at every level in Article 7 that at the level of investigation, prosecution and examination of children's cases in district courts, diversion must be attempted.]]>
<![CDATA[LEGAL LIABILITY OF PROPERTY DEVELOPERS REGARDING THE FULFILLMENT OF OBLIGATIONS TO CONSUMERS IN SALE AND PURCHASE TRANSACTIONS USING THE BINDING SALE AND PURCHASE AGREEMENT ]]>
<![CDATA[Ratna, Yulvita]]>;
<![CDATA[Djajaputra, Gunawan]]>
<![CDATA[ Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v6i2.1204
<![CDATA[Business people show great interest in the development of the property industry. With promising market prospects, developers have significant legal responsibilities to potential buyers. To ensure legal certainty and avoid future conflicts, consumers must understand and comply with the legal rules contained in the agreement. The Sales and Purchase Agreement functions as a contract between the seller and the buyer at the initial stage of the home buying and selling process. This research examines the developer's responsibility towards consumers in house sale and purchase agreements through the Agreement of Sale and Purchase Binding mechanism, because a lack of consumer awareness and knowledge can increase risks to their rights. The method used in this research is based on normative juridical. The aim of this research is to determine the developer's legal responsibility towards buyers as consumers, so that there is legal certainty for buyers using the Agreement of Sale and Purchase Binding system. Developers must bear the losses experienced by consumers in accordance with Article 19 of Law Number 8 of 1999 concerning Consumer Protection. In accordance with Article 19 of Law Number 8 of 1999 concerning Consumer Protection, this research aims to determine the developer's legal responsibility towards buyers as consumers, so that buyers can obtain legal certainty through the Agreement of Sale and Purchase Binding system. In addition, the developer is responsible for providing accurate information and guaranteeing the quality of construction, which includes the construction period to the maintenance period, until all sales and purchase agreements are completed.]]>
<![CDATA[CONSUMER PROTECTION AGAINST DEBTORS ON THE TRANSFER OF MORTGAGE RIGHTS VIA CESSIE ]]>
<![CDATA[Dameria, Fiorella Angella]]>;
<![CDATA[Djajaputra, Gunawan]]>
<![CDATA[ Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v6i2.1205
<![CDATA[Disparities in financial capabilities in society have resulted in many credit agreements being entered into between consumers as debtors and banks as creditors or lenders, which are also accompanied by collateral in the form of mortgage rights which are used as collateral for payment of receivables by the debtor if he is unable to pay his debts to the creditor. The scope related to credit agreements is increasingly expanding when the model develops that credit agreements can be transferred to third parties through a cessie or receivable transfer agreement which of course poses risks for both creditors and debtors because in principle, when receivables are transferred to the cessie buyer, then the mortgage rights as collateral are also also transferred, including in terms of claim rights by new creditors. Therefore, this issue is interesting to discuss from the perspective of debtor protection as consumers of banking institutions, especially regarding the procedures and requirements that need to be understood regarding the transfer of mortgage collateral through a cessie or receivable transfer agreement. Apart from that, debtors also need to know what legal remedies can be submitted if the credit agreement or receivable transfer procedure causes losses for the debtor. In this research, the author uses a normative juridical research method using literature study and a legal approach. The results of the research show that based on the Consumer Protection Law and Financial Services Authority regulation, the Debtor as a consumer has the right to know clear and accurate information regarding the procedures and requirements of credit agreements including receivable transfer or cessie agreements and the legal consequences for the mortgage rights which he uses as collateral, including filing a complaint and/or legal remedies in litigation and non-litigation as long as he feels disadvantaged. The government needs to aggressively carry out outreach regarding all applicable regulations regarding credit agreements.]]>
<![CDATA[LEGAL STUDY ON PERSONAL DATA PROTECTION BASED ON INDONESIAN LEGISLATION ]]>
<![CDATA[Lestari, Endang]]>;
<![CDATA[Rasji, Rasji]]>
<![CDATA[ Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v6i2.1206
<![CDATA[Personal data protection is an effort to protect individual privacy rights, which includes the need to protect a person's privacy as well as the protection of their personal data. The type of research in this study is normative juridical, which focuses on the review of positive legal norms.To find out about the protection of personal data regulated in Indonesian Legislation and to find out the obstacles to personal data protection in law and their solutions. In Indonesia, Personal Data Protection has been regulated in Law Number 27 of 2022 concerning Personal Data Protection, Law Number 11 of 2008 concerning Electronic Information and Transactions, and the Regulation of the Minister of Communication and Information of the Republic of Indonesia Number 20 of 2016 concerning Protection of Personal Data on Electronic Systems, and has obstacles in the application of this Law such as the overlap of the old law with the new one, and preventing a legal expert from adopting which Law.In the current technological era, the significance of addressing security factors in the processing of personal data using various technologies has become increasingly critical. While electronic systems have enhanced data security, it is undeniable that the risk of data theft by irresponsible parties still exists. Therefore, regulations or laws are necessary to provide protection for personal data.]]>
<![CDATA[ANALYSIS OF LEGAL PROTECTION FOR CONSUMER LOSSES DUE TO BUSINESS PERFORMER'S BREACH OF CONCERT ORGANIZER ]]>
<![CDATA[Natalia, Fenny]]>;
<![CDATA[Soemartono, Gatot P.]]>
<![CDATA[ Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v6i2.1214
<![CDATA[Currently, the music industry has become one of the most popular forms of entertainment among various segments of society. In this context, music concerts have become a significant source of revenue for promoters. However, it is not uncommon for promoters to neglect their responsibilities as business operators, resulting in losses for consumers who have purchased concert tickets. This research aims to examine the legal protection available to consumers who suffer losses due to the breach of contract by concert organizers. The research method used is a normative legal approach, analyzing legal issues through relevant legislation. The legal materials for this research are derived from primary and secondary legal sources, including legislation and related research findings on the subject matter. The research results indicate that consumer protection in Indonesia remains a serious concern, as business operators frequently fail to fulfill their obligations and violate consumer protection laws, leading to consumer losses. This study concludes the protection available to consumers seeking legal remedies for their losses, including claims for compensation in accordance with Law Number 8 of 1999 Concerning Consumer Protection.]]>
<![CDATA[APPLICATION CITIZEN’S CHARTER IN IMPROVING THE QUALITY OF POLRI PUBLIC SERVICES ]]>
<![CDATA[Harianja, Marasi Kindly]]>;
<![CDATA[Tafalas, Muh Guzali]]>;
<![CDATA[Sudarmo, Agnes Puspitasari]]>
<![CDATA[ Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v6i2.1215
<![CDATA[Improving the quality of service requires support from all groups, including the integrity and commitment of the Police leadership and service officers as well as the community's commitment not to commit deviations in accordance with the Citizen's Charter (service contract) which has been formulated and established as a guideline for the implementation of Polri's public services. The public must always prioritize equal rights and justice regarding these services so that improvements in the quality of Polri's public services in the future can be achieved effectively and efficiently by achieving good governance which is characterized by clean governance. This is in accordance with the general principles of state administration (the general principle of organizational state) which consist of legal certainty, orderly state administration, public interest, openness, proportionality, professionalism and accountability.]]>
<![CDATA[THE ROLE OF THE NOTARY IN SETTLEMENT OF CRIMINAL CASES BASED ON RESTORATIVE JUSTICE ]]>
<![CDATA[Adisti, Neisa Angrum]]>;
<![CDATA[Mardiansyah, Alfiyan]]>;
<![CDATA[Nurillah, Isma]]>;
<![CDATA[Banjarani, Desia Rakhma]]>;
<![CDATA[Dedeng]]>
<![CDATA[ Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v6i2.1216
<![CDATA[Restorative Justice is an effort to find a peaceful process for resolving cases outside of court. This research uses normative legal research methods. The urgency of resolving criminal cases based on restorative justice is essentially the resolution of criminal cases by involving the perpetrator, victim, family of the perpetrator/victim, and other related parties to jointly seek a fair solution by emphasizing restoration to the original condition, and not retaliation. The main point of resolving criminal cases based on restorative justice is the existence of a peace agreement between the victim and the perpetrator of the crime. Peace agreement and fulfillment of the rights of victims of criminal acts. To prepare a peace agreement signed by the parties, of course it must be formulated in writing and can be drafted and signed in the presence of an authorized official. If necessary, this is where the role of a Notary can be used in drafting a peace agreement through a peace deed made and signed before a Notary. To strengthen the validity of the peace agreement letter and the need for legal protection, guarantees in fulfilling the rights of the victim, to avoid acts of default on the peace agreement between the criminal perpetrator and the victim, it can be formulated through an authentic deed, namely a peace deed made and signed before a Notary.]]>
