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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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PRACTICAL LAW DEVELOPMENT THE INSTITUTION OF POSTPONEMENT OF DEBT PAYMENT OBLIGATIONS TO ACHIEVE THE VALUE OF JUSTICE Suci, Ivida Dewi Amrih; Poesoko, Herowati; Raharja, Sunarya; Puryani, Puji; Andani, Devi
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.v6i2.1234

Abstract

Practical law development is described as implementing the duties or ideals of the law in practice. Law is an arrangement the state provides to the community as a guarantee of security for justice seekers (justiabelen). In practice, cases examined in the application of the law by linking the regulatory norms with the legal facts, then the result of the judge's analysis is the ratio decidendi as the basis for making the ruling, as well as the decision in the PKPU realm in bankruptcy law which is lex specialist on the work of PKPU institutions. The success of the PKPU institution's work with a court decision that has permanent legal force (inkracht van gewijsde) (vide Article 287 of the Bankruptcy and PKPU Law). The PKPU peace institution in every case settlement is needed to be strongly encouraged so that the success rate is high. This is because this institution at an early stage is desired to be a tool in stopping the bankruptcy decision for the debtor, so that the debtor can continue his business and can pay his debts to creditors, therefore it is expected to provide justice for the parties who are litigating. The purpose of law is to achieve the value of justice, with the value of legal certainty and the value of the benefits of the PKPU institution, which is part of the value of justice as a legal goal. The author in this article analyzes "how the practical legal implementation of the PKPU peace institution achieves the value of justice". The writing of this article uses the normative juridical method, which makes the norm as the legal concept, and uses the analysis knife of the theory of legal objectives taken from 3 (three) general teachings of Gustav Radbruch, namely certainty, benefits and the end is justice, in addition to dissecting it, also using Kees Schuit's theory, namely idiil elements, operational elements and actuil elements. The approach used is conceptual approach, statutory approach, and case approach. The conclusion to be reached has prescriptive value as an apology for the world of legal science, especially the science of bankruptcy law and the institution of Postponement of Debt Payment Obligations (PKPU).
PROTECTION OF VICTIMS OF HUMAN RIGHTS VIOLATIONS Yusuf DM, Mohd.; Nofarizal, Dedi; Putra, Fransiskus; Hutagaol, Hendra Dm; Monarchi, Try Krisna
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.v6i2.1256

Abstract

The crime of genocide is often associated with crimes against humanity but when viewed in depth the crime of genocide is different from crimes against humanity, where the crime of genocide is aimed at groups such as nations, races, ethnicities or religions while crimes against humanity are aimed at citizens and civilians. The demand for the resolution of cases of human rights violations has prompted the birth of Law Number 39 of 1999 concerning Human Rights which was later followed by Law Number 26 of 2000 concerning the Human Rights Court which is intended to answer various problems of human rights violations, especially gross human rights violations. Article 7 of the Human Rights Court Law states that the crime of genocide is a crime that violates gross human rights because it is committed by killing, causing severe suffering, extermination, coercion by groups and even the forcible transfer of children from one group to another. Thus the human rights court law expressly provides threats to the perpetrators. The method used is normative legal research. Based on the results of the research, it is known that the Crime of Genocide and its Implications in Law Number 39 of 1999 concerning Human Rights that the crime of genocide is one of the most serious forms of human rights violations, involving systematic efforts to destroy certain groups based on ethnicity, religion, or race. Law No. 39/1999 on Human Rights has not specifically and in detail regulated the crime of genocide and the elements of the crime. This has led to a lack of a strong and comprehensive legal framework to prosecute perpetrators of genocide, as well as provide justice and legal certainty for victims.
CONSIDERATION OF JUDGES IN DECIDING CASES OF DOMESTIC VIOLENCE CRIMES COMMITTED BY HUSBANDS TO WIVES COMMITTED BY HUSBAND TO WIFE Saputra, Mahendra Agnur; Putri, Hanuring Ayu Ardhani; Khaerudin, Ariy
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.v6i2.1283

Abstract

The purpose of this study is to examine the law enforcement and judges' consideration of the perpetrators of the crime of Domestic Violence committed by husband to wife in decision No. 233/Pid.Sus /2023/PN Ktg. This type of research uses descriptive qualitative with a normative juridical approach. Data collection using literature study. This research uses qualitative analysis with an interactive model. The results showed that law enforcement against perpetrators of domestic violence crimes that the defendant was sentenced to imprisonment for 4 (four) years. The judge's consideration in imposing a sentence on the crime of domestic violence was the beating committed by a husband to his wife in Decision No. 233/Pid.Sus/2023/PN Ktg is based on the testimony of witnesses, evidence and the testimony of the defendant, where the proof is sufficient if it is based on at least 2 (two) pieces of evidence plus the judge's belief.
LEGAL PROTECTION FOR SOCIAL SECURITY ADMINISTERING BODY HEALTH PARTICIPANTS Irayadi, Muhamad
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.v6i2.1308

Abstract

In order to legally protect the rights of patients participating in the Social Security Administering Body (BPJS) of Health in obtaining health services, the government issued Law Number 24 of 2011, which stipulates that two state-owned enterprises, namely PT Askes (Persero) and PT Jamsostek (Persero) were transformed into public service agencies to implement five programs mandated by Law Number 40 of 2004, namely the health insurance program for BPJS Health and other programs are handed over to BPJS Employment. This study aims to analyze how to protect BPJS Health participants. This study uses a normative legal research method with field data as a complement. The results of the study Legal protection for BPJS Health participants who are hospitalized in hospitals from the regulatory aspect have protected their rights both as consumers of services, as hospital patients and as BPJS Health participants. The method of resolving BPJS Health service disputes through mediation reflects the importance of a consensual approach to dispute resolution. Mediation is chosen for several theoretical reasons, such as the dominance of a culture that prioritizes harmony and togetherness, and the balance of power between the disputing parties.
SETTLEMENT OF PAST GROSS VIOLATIONS OF HUMAN RIGHTS BY THE JOKOWI GOVERNMENT Thamrin, Husni
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.v6i2.1321

Abstract

The pendulum of resolving the past gross human rights violations has begun to move a little forward in the second term of President Jokowi's administration. It took 8 years for President Jokowi to start solving the past gross human rights violations. Even though this is a program that he launched when he was elected for the first time in 2014. This research is aimed at exploring the policies of the Jokowi government in resolving the past gross human rights violations from the beginning to the present, including finding at the advantages and disadvantages. The research method used a qualitative, descriptive approach by examining emerging policies and viewing and analyzing a series of regulations related to their relationship with the implementation of policies in the field. From this research obtained the wall of impunity is still role to intervene a process, lack of understanding and half-hearted management to resolve the past gross human rights violations gripped the government's steps. Not to mention the existence of sabotage and stowaways to resolve the gross violations of human rights, whether they were aware of it or not within the palace. The President Jokowi's series of policies in resolving past gross human rights violations by issuing Presidential Decree Number 17 of 2022, Presidential Instruction of the Republic of Indonesia Number 2 of 2023 discusses the Implementation of Recommendations for Settlement of Rights Violations Serious Human Rights and Presidential Decree Number 4 of 2023 passed various existing regulations to resolve the past gross human rights violations.
LEGAL REVIEW OF THE SUPERVISION OF THE 2024 GENERAL ELECTION CAMPAIGN THROUGH SOCIAL MEDIA Tobing, Rudyanti Dorotea; Kasenda, Dekie GG
Awang Long Law Review Vol. 7 No. 1 (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.v7i1.1260

Abstract

One of the campaign methods in the 2024 election is campaigning through social media. In order for the implementation of the Election Campaign to run well and in accordance with the applicable laws and regulations, it is necessary to conduct supervision. Bawaslu is tasked with supervising the implementation of election campaigns, including monitoring campaigns on social media. The purpose of this research is first to describe the 2024 General Election Campaign through social media; second, to describe the Supervision of the 2024 General Election Campaign through social media. The method of normative legal research (legalresearch) using legal materials as the main source. The results of the study show that first, The presence of social media as a tool for disseminating information aimed at the public or voters in elections is considered an effective and important step, especially in shaping opinions and setting political agendas. In Central Kalimantan Province, there are four Social Media platforms registered and used by 2024 Election participants, including Instagram, Facebook, Tiktok, and Youtube. In Central Kalimantan Province there are 86 social media platforms for political parties and legislative candidate members. Second, Bawaslu of Central Kalimantan Province has formed a team to monitor the campaign via social media accounts during the 2024 Election stages. The large number of accounts on social media is an obstacle for Bawaslu to supervise campaigns on social media. Campaigns on social media are certainly in separable from the possibility of campaign violations on social media, including hoaxs or hate speech. The Election Law has not specifically regulated the limitations/prohibitions related to campaign violations on social media.
RESTORATIVE JUSTICE FOR CHILDREN OF CYBER-PORN Sina Iwi, Patricia; Yulianingsih, Wiwin
Awang Long Law Review Vol. 7 No. 1 (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.v7i1.1325

Abstract

This study aims at finding out and analyzing the implementation of Restorative Justice for children of Cyber-porn offenders in the Sikka Regency Resort Police as well as to find out the obstacles and efforts in the implementation of Restorative Justice for children of Cyber-porn offenders. The type of this research is a type of empirical legal research that is descriptive and analytical. The type of data used in this study is peripheral data obtained through interviews with members of the Police Resort in Sikka district while secondary data uses primary legal materials, namely: Police regulation Number 8 of 2021 concerning the Handling of Criminal Acts Based on Restorative Justice, Law Number 11 of 2008 concerning Information and Electronic Transactions, Law Number 44 of 2008 concerning Pornography, Law Number 23 of 2002 concerning Child Protection and Law Number 11 of 012 concerning the Juvenile Justice System and for secondary legal materials and tertiary legal materials to support primary legal materials. Data collection is carried out by means of interviews and literature/documents. The technique used in this study uses qualitative analysis techniques. Cyber-porn crimes involving children, both perpetrators and victims in the community of Sikka Regency are still considered a disgrace so there are still many who do not want to report it to the police. In addition, investigators in implementing Restorative Justice are guided by Regulation of the Republic of Indonesia National Police Number 8 of 2021 concerning the Handling of Crimes Based on Restorative Justice, but in fact there are still many investigators who do not understand and master the application of Restorative Justice. Obstacles and efforts in the implementation of Restorative Justice for children of Cyber-porn offenders, especially in the community and Sikka Regency Resort Police officers.
RATIFYING THE CISG: ESTABLISHING DEFAULT RULES AS LEGAL CERTAINTY FOR INTERNATIONAL SALES CONTRACT Chandra, Edwin; Lewiandy, Lewiandy
Awang Long Law Review Vol. 7 No. 1 (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.v7i1.1334

Abstract

International sales contracts are agreement that govern the cross-border sales of goods. Given the complexities inherent in such transactions, the United Nations on Contract for the International Sales of Goods (CISG) serves as a preventive measure to reduce misinterpretation and legal dispute between the contracting parties. However, the CISG’s applicability as a default rule remains limited due to not being ratified by certain states. The objective of this research is to analyze how the CISG act as a default rule to fulfill the legal certainty of contracting, and analyze the foreseeing challenges of ratifying the CISG in Indonesia. The research type is normative with statutory approach. The concept of default rules offers a convenient legal framework for the international sales contract that is in the absence of law. This theoretical framework was then adopted by the CISG, which instigates the phenomenon of the sticky default rules, reduce transaction cost with a complete set of interpretation and gap-filling mechanism, and ensure the legal certainty of the contracting parties. However, the ratification of the CISG may face several challenges such as the compability of the domestic law, potential conflicts of domestic interest, and high cost of legislating. Despite these challenges, ratifying the CISG in Indonesia remains feasible and beneficial for the development of international contract law.
LEGAL ANALYSIS OF THE LEASE AGREEMENT FOR ELECTRIC POWER PLANTS Fraistifina; Kamelia; Hakim, Elsan Octavia; Andryawan
Awang Long Law Review Vol. 7 No. 1 (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.v7i1.1341

Abstract

Leasing consists of two types, namely finance lease with an option right and operating lease without an option right. A finance lease refers to an action by a financing company in carrying out financing activities by providing capital goods to the debtor, which will subsequently be utilized by the debtor for a specific period as agreed upon in the contract. Meanwhile, an operating lease is a type of lease that does not result in a substantial transfer of economic benefits or risks associated with the leased asset to the lessee. Generally, leasing in the electricity sector adopts the finance lease scheme due to the minimal risks posed to both parties. The issue the author seeks to examine pertains to the implementation, regulation, and accountability of leasing activities in the electricity sector. The type of research employed is normative legal research. The term 'juridical' refers to an approach based on applicable laws and regulations, while 'normative' refers to an approach conducted through primary legal materials. Normative juridical research utilizes primary legal sources as well as legal literature. Any party intending to lease electrical power must submit an application to PT PLN (Persero) in accordance with the provisions of the Decree of the Minister of Finance Number 1169/KMK.01/1991 concerning Leasing Activities. A juridical analysis of lease agreements for power plants is essential. This analysis seeks to identify potential legal issues that may arise and provide recommendations for improvements and enhancements in the execution of such lease agreements, thereby supporting the development of a sustainable and efficient electricity sector in Indonesia.
CHALLENGES OF CRIMINAL INVESTIGATION CYBER CRIME Hartono, Wandi; Muhardi, Dekky; Akhiruddin, Ahmad; Purba, Desi Valentianna Br; Asa, Pandu; DM, Yusuf
Awang Long Law Review Vol. 7 No. 1 (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.v7i1.1351

Abstract

The investigation process still has many cases of cybercrime that are stalled due to the limited equipment owned by the Police, for example if there is a complaint or report from the public regarding the occurrence of cybercrime, the reporter reports the incident to the local Police, which usually does not have special equipment to examine complaints or reports from the public, so the Police must coordinate with the Resort Police, which if its equipment is still inadequate, must transfer the complaint or report to the Regional Police level which certainly has adequate equipment to handle cybercrime cases, this is an obstacle in the investigation in the internal sector. While for external factors themselves, there are various obstacles faced by investigators.The research that the author will conduct is normative, namely research that is based on applicable legal principles.. The conclusion isAfter understanding the regulation of investigation of cybercrime cases regulated in the Law on Information and Electronic Transactions, it can be concluded that the investigation process is carried out by a team of investigators from the Republic of Indonesia National Police who can be assisted by people who are experts in certain fields related to the case that is under investigation if needed in solving a case by maintaining privacy, data authenticity, and not disrupting public services or public facilities. Searches and/or seizures of electronic systems related to suspected criminal acts must be carried out with the permission of the local District Court.

Page 29 of 50 | Total Record : 498

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