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Awang Long Law Review

awl
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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 347 Documents

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PUBLIC POLICY OF SOCIAL SECURITY DUE TO COVID 19 LEGAL JUSTICE PERSPECTIVE Ridwan; Hajairin; Aman Maâ€™arij; Gufran
Awang Long Law Review Vol. 4 No. 2 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Various social security policies due to the impact of the covid 19 pandemic are carried out as an effort to move the national economy and strengthen people's purchasing power, the restoration of education so that it can be better. The purpose of this study is to find out the policy of social security during the pandemic covid 19 perspective the foundation of legal justice theory. Research methods, using the type of normative legal research with the first approach of legislation (statute approach), second historical approach (historical approach), third conceptual approach (conceptual approach), and Fourth analytical approach (Analytical Approach). While the types and data sources used can be used in two, namely primary legal materials and secondary legal materials focusing on Public Policy of Social Security During the Covid 19 Pandemic Perspective of Legal Justice Theory. The findings in the study showed that various social security policies during the covid 19 pandemic. First Family Hope Program (PKH), Sembako Program Assistance (BPS), Cash Direct Assistance, Cash Social Assistance (BST), Pre-employment Card, BLT small micro-businesses, BLT Village Fund, Productive Banpres for MSME Working Capital, Employee Salary Subsidy, and electricity discount by providing electricity tariff incentives for customers affected by the Covid-19 pandemic, UKT Assistance, internet package assistance for students and students, BSU Lecturer, Pulsa ASN and Kouta are free, as well as other social protection programs. The two foundations of the theory of legal justice to social security policy due to the covid 19 pandemic show that policies in the aspects of education, business groups, communities, and employee salary subsidies, are still considered unable to embrace all elements, although using the distributive justice theory approach, let alone using affirmative justice theory that looks at equality in getting help due to covid 19.

THE ROLE OF ISLAMIC CONFERENCE ORGANIZATIONS (OIC) IN THE IMPLEMENTATION OF ISLAMIC TOURISM IN MUSLIM COUNTRIES Muhd Kharrazi
Awang Long Law Review Vol. 4 No. 2 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Islamic tourism is defined as a tourist trip aimed at providing tourist services and facilities for Muslim tourists in accordance with Islamic principles. There are several terms used in addition to Islamic Tourism, namely Halal Tourism, Sharia Tourism, Muslim-Friendly Tourism. Meanwhile, the Global Muslim Travel Index as an institution that focuses on developing world halal tourism explains that halal tourism is tourism that is carried out in accordance with Islamic principles with the aim of providing friendly facilities and services to Muslim tourists. The problem is the role of the Organization of the Islamic Conference (OIC) in the implementation of Islamic Tourism in Muslim countries. The research method is normative juridical research. The conclusion is that the role of the Organization of the Islamic Conference (OIC) in the application of Islamic Tourism in Muslim countries can be concluded with sharia tourism which has been introduced since 2000 from the discussion of the meeting of the Organization of the Islamic Conference (OIC). Sharia tourism is a tourist demand based on the lifestyle of Muslim tourists during the holidays. In addition, sharia tourism is tourism that is flexible, rational, simple and balanced. This tourism aims to motivate tourists to get happiness and blessings from Allah SWT. Halal tourism is an adoption of non-Organization of Islamic Conference (OIC) countries which see the great potential of Muslim growth around the world. Halal tourism was created to accommodate the needs of worship for Muslims in non-OIC countries, such as the provision of places of worship (mushola) and halal restaurants. Countries that are quick to seize the opportunity of this Muslim-friendly tourism service are Thailand, Japan, Singapore, Korea, Australia, New Zealand, UK, France, Malaysia, and many other countries.

IMPLEMENTATION OF SOCIAL WORK SANCTIONS AS A SUBSTITUTE TO PUNISHMENT UNDER ONE YEAR PRISON AGAINST THE CRIMINAL ACTION OF IT Firman Wijaya
Awang Long Law Review Vol. 4 No. 2 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

The social work crime contains elements of rehabilitation, re-education and resocialization. During the execution of the crime, prisoners will be fostered and guided in terms of the formation of attitudes and behavior. The development of the convict's work and personality is always monitored and monitored by community officials. Prisoners will be guided to be able to behave well and actively participate in development. The problem is how is the sentence below one year in prison for the perpetrators of the ITE crime in Decision Number 1636/Pid.Sus/2020/PN.Jkt.Brt? The method used is normative juridical. The conclusion is that they do not agree with the Judge's Decision in Decision Number 1636/Pid.Sus/2020/PN.Jkt.Brt., because the Defendant may be subject to social work sanctions as a substitute for a sentence of less than one years in prison. In principle, social work crime is an alternative to short-term deprivation of liberty. Social work crime is a type of crime that will be imposed on perpetrators of crimes that are not too serious. Starting from the various privileges of the social work crime, it is clear that even though it is a crime, this social work crime is not forced labor. Social work crime is a form of crime that is loaded with the content of protecting human rights.

SPATIAL PLANNING POLICY FOR THE NEW STATE CAPITAL IN PENAJAM PASER UTARA REGENCY AND KUTAI KARTANEGARA REGENCY IN EAST KALIMANTAN PROVINCE AND THEIR PROBLEMS Baren Sipayung
Awang Long Law Review Vol. 4 No. 2 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

The plan to move the capital city of Indonesia from Jakarta to East Kalimantan requires consideration of several aspects such as in terms of benefits, facilities, economic impact, risks, and spatial planning. the preparation and management of spatial planning for the new capital city should pay attention to the welfare of the community and resolve problems that may arise in the middle of the process. This study aims to identify problems in the spatial planning process in the New Capital City of Indonesia. The method used is descriptive analysis from various primary and secondary data sources as well as legislation, case approach, and conceptual approach. The results obtained from this study are the need for continuity of spatial planning documents in stages.

CONSUMER LEGAL PROTECTION ON FOOD PRODUCTS THAT DO NOT INCLUDE EXPIRED LABELS RELATED TO LAW NUMBER 8 OF 1999 CONCERNING CONSUMER PROTECTION Noviriska
Awang Long Law Review Vol. 4 No. 2 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

The basic right of consumers related to food that does not include the expired label is the right to obtain safety. The right to security and safety is intended to ensure the safety and security of consumers in the use of goods or services obtained so that consumers can avoid losses (physical and psychological) when consuming a product, especially food products. The research that will be discussed is related to how the implementation of consumer protection against the circulation of food products that do not include an expiration date label is carried out by the YLBKI Non-Governmental Consumer Protection Agency. This research is a normative juridical law research, which is a study of norms or laws between statutory regulations and other related regulations. The results of the study show that there are many violations of consumer rights, especially violations of the right to obtain clear and honest information about the state of a product, this occurs because of consumer habits that are less careful in determining the goods used or consumed, and business actors who do not care about production standards in accordance with applicable laws so that the violation occurs. However, to fight for the rights that have been violated, you can report to one of the authorized institutions, namely the YLBKI community self-help consumer protection agency.

THE APPLICATION OF MODERN LEGAL POSITIVISM TO THE PRINCIPLE OF LEGAL CERTAINTY IN CERTIFICATE OF PROPRIETARY RIGHTS TO LAND I Gusti Agung Ngurah Agung
Awang Long Law Review Vol. 4 No. 2 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Certificate of ownership of land is a strong and complete proof for everyone whose names are listed and listed in the certificate of ownership of the land. However, in reality the SHM on the land can be canceled at any time as stipulated in Article 32 of Government Regulation Number 24 of 1997 concerning Land Registration, whereas in Article 20 Paragraph (1) of Law Number 5 of 1960 concerning Agrarian Principles it is stated that property rights, namely as hereditary rights, the strongest and fullest. Thus the legal certainty of SHM on land is not absolute because the SHM on the land can be canceled at any time. It is necessary to renew the principle of negative publications with positive tendencies that do not have a strong rationale for legal certainty, justice and expediency. The problem is, how is the legal certainty of the current Land Ownership Certificate which can then be canceled after a period of five years has passed since the issuance of the certificate of title to the land through a modern legal positivism approach? and what is the solution to the cancellation of land title certificates based on the conditions of das sein and das sollen?. The research method, in this dissertation research used normative juridical research methods. The conclusion of the study, the land registration system in Indonesia adheres to a negative publication system with a positive tendency. This system basically does not provide legal certainty, let alone good legal protection for certificate holders.

PRINCIPLES OF HONESTY IN GOOD FAITH BUYING LAND Dwi Atmoko
Awang Long Law Review Vol. 4 No. 2 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

The land sale and purchase agreement does not rule out the possibility of a third party claiming that the land is his. Land issues often lead to long-term conflicts between communities and between communities and legal entities. Controversy about this land seems to be endless and always happens in this world, because human demand for land always increases along with population growth. In this study the author is interested in researching about how the application of the principle of good faith in the sale and purchase agreement of land? The type of research used is normative juridical and empirical juridical. The results of the study stated that the application of the principle of good faith in the sale and purchase agreement of an agreement. The parties who make the sale and purchase should adhere to the principle of good faith because the principle of good faith is very important in anticipating and minimizing buying and selling disputes. Because in this house sale there is a preliminary agreement that precedes the actual Sale and Purchase Agreement, then the PPJB still has binding power based on honesty.

STUDY OF THE CRIME OF TRAFFICKING IN PERSONS ON SHIPPING (PN TUAL DECISION NUMBER 106/PID SUS/2015/PN TUL) Immanuel Simanjuntak; Silvi Azmi; Daniel Maroloan Nainggolan
Awang Long Law Review Vol. 4 No. 2 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

The crime of trafficking in persons (human trafficking) is a very complex crime that is difficult to eradicate. In cases of criminal acts of trafficking in persons, usually it does not only involve one area of â€‹â€‹life but more than one area of â€‹â€‹life. The practice of trafficking in persons is rife in the world, especially in the world of shipping. The crime of trafficking in persons (human trafficking) is a very complex crime that is difficult to eradicate. In cases of criminal acts of trafficking in persons usually do not only involve one area of â€‹â€‹life but more than one area of â€‹â€‹life. The crime of trafficking in persons also often occurs not only in the territory of a country but also outside the territory of a country. However, there is more attention devoted to the case of trafficking in persons in the shipping world. For this reason, this study aims to determine the factors that cause the occurrence of the criminal act of trafficking in persons, the sanctions obtained by the perpetrators in the legal system.

JURIDIC REVIEW OF GRANTING RIGHTS TO FLAT UNITS TO FOREIGN CITIZENS BASED ON THE PROVISIONS OF LEGISLATION IN INDONESIA Karin Erliza Butar-Butar; Bambang Eko Turisno
Awang Long Law Review Vol. 4 No. 2 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

One of the efforts made by the state to improve the national economy is by increasing the number of investors working in the territory of Indonesia, then the impact of these activities causes the government to make a regulation that aims to attract foreign investors into Indonesia. Housing is a basic human need guaranteed by the constitution, because one form of arrangement made by the government is to give ownership rights to flat units to foreign citizens. The normative juridical research method uses an approach based on the main legal material by examining theories, concepts, legal principles and statutory regulations. This approach is also known as the library approach, namely by studying various books, laws and regulations and other documents related to this research. Based on the results of research conducted, the granting of apartment unit rights to foreign nationals caused a debate, this is because the phrase property rights referred to in the basic agrarian law is known to only be attached to land that can be owned by Indonesian citizens, when reviewing the provisions of human rights law. Human rights guaranteed in the constitution give everyone the right to be able to control a right, including property rights which are the right to control objects.

CONSTRUCTING NATIONAL ENVIRONMENTAL LEGAL POLICIES IN RESPONSE TO THE CHALLENGES OF A WORLD FREE MARKET IN THE AGE OF GLOBALIZATION Akbar Taufik Amrullah; Farida Nur Hidayah
Awang Long Law Review Vol. 4 No. 2 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

This study's objective is to investigate the policy of national environmental law politics in light of the problems posed by the global free market in the era of globalization. This study employs a legal normative research methodology with a statute approach. The study's findings indicate that environmental protection and management based on environmental legal standards necessitates a balance between economic interests, the maintenance of environmental functions, and social conditions. All this time, the two objects seemed to be divided from each other. Government and the corporate sector are perceived as entities that place commercial interests above environmental protection. Economic development alone has been ineffective in reducing poverty, averting social conflicts caused by unequal access to natural resources, and increasing the rate of environmental degradation. A legal settlement that can be used as a guide for environmental law enforcement officials against environmental laws and regulations that contain criminal penalties that are not in harmony with the provisions of Law No. 32 of 2009 as one of the legal adages: (i) lex specialis derogat legi generali, (ii) lex superior gerogat legi inferiori, and (iii) lex posterior derogat legi anteriori.

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Otto Fajarianto

Contact Email ofajarianto@gmail.com

Phone -

Journal Mail Official kadarudin.fnu@gmail.com

Editorial Address Jl. Ade Irma Suryani No. 16 Kota Samarinda 75117

Location Kota samarinda, Kalimantan timur INDONESIA

Abstract

Abstract

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Abstract

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Abstract

Contact Name
Otto Fajarianto

Contact Email
ofajarianto@gmail.com

Phone
-

Journal Mail Official
kadarudin.fnu@gmail.com

Editorial Address
Jl. Ade Irma Suryani No. 16 Kota Samarinda 75117

Location
Kota samarinda,

Kalimantan timur

INDONESIA