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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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THE IMPLICATIONS OF CONSTITUTIONAL COURT DECISION REGARDING THE LIMITATION OF REGIONAL HEADS' TERMS ON THE CONSTITUTIONALITY OF REGIONAL HEADS' NOMINATIONS Noor, Andreyan; Yulianingrum, Aullia Vivi; Elviandri, Elviandri; Alhadi, Muhammad Nurcholis
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.v7i1.1419

Abstract

The limitation of regional heads' terms in Indonesia is basically related to two things, the first is to avoid abuse of authority, and the second is to regenerate leadership in the regions, therefore the limitation of the regional heads' terms is very important. This research is normative legal research with a statute approach and a case approach, by analyzing the decisions of the Constitutional Court such as Decision Number 22/PUU-VII/2009, Number 67/PUU-XVIII/2020, and Number 2/PUU-XXI/2023. This study examines how the Constitutional Court interprets the term limits of regional heads, including the calculation of the term of office for regional heads who do not complete their term of office. The results of this study show that the Constitutional Court emphasizes that a term of office that is served for half of the term or more is counted as one full term, both for definitive officials and temporary officials. This interpretation aims to ensure legal certainty and prevent abuse of power, by providing protection for the constitutional rights of citizens who wish to run for re-election. The Constitutional Court's decision also confirms that the norm of term limits for regional heads is in line with the principles of justice, proportionality, and legal certainty guaranteed in the 1945 Constitution. Thus, this term limit is not only served to prevent the dominance of power, but also to encourage the regeneration of healthy leadership in the Indonesian democratic system. The implications of this Constitutional Court decision are very important for the implementation of the 2024 Simultaneous Regional Head Elections, where the KPU and Bawaslu must ensure the consistent implementation of this norm, to ensure the creation of fair, transparent, and quality elections.
IMPLEMENTATION OF ENVIRONMENTAL LAW IN SUSTAINABLE NATURAL RESOURCE MANAGEMENT Hasibuan, Imelda; Japri, Muhammad
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.v7i1.1453

Abstract

East Kalimantan Province is endowed with abundant natural resources, including tropical forests, coal, oil, and natural gas. However, excessive exploitation of these resources has led to significant environmental degradation, including deforestation, land degradation, and water pollution. This study aims to assess the implementation of environmental law in supporting sustainable natural resource management in East Kalimantan, focusing on the effectiveness of regulations such as Law No. 32 of 2009 on Environmental Protection and Management, and the Environmental Impact Assessment (AMDAL) mechanism. The findings reveal that, despite the adequacy of the regulatory framework, its implementation remains weak due to insufficient monitoring, poor inter-agency coordination, and lenient enforcement of sanctions. Quantitative data show that approximately 45% of mining companies do not fully comply with AMDAL recommendations, while environmental oversight is minimal, with a critically low number of inspectors. To enhance the effectiveness of environmental law enforcement, steps such as improving government coordination, ensuring transparency in AMDAL processes, educating the public, and strengthening oversight and penalties are necessary. These strategies are expected to foster more sustainable natural resource management in East Kalimantan and mitigate further environmental damage.
PROTECTION LAW TO EXPERT THE HEIRS ARE LIABLE FOR THE CLOSURE OF THE POLICY INSURANCE SOUL CREDIT WITHOUT MEDICAL CHECK UP Asyraf, Alviami Ghina; Sunarmi; Mulhadi
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.v7i1.1460

Abstract

This research focuses on a normative study of the regulations for closing life insurance policies according to Indonesian laws and regulations. This is followed by an analysis of legal protection for the insured's heirs as policy holders regarding the practice of closing credit life insurance policies without medical check-ups, as well as an analysis of the Judge's considerations and decisions regarding the importance of medical check-ups before closing credit life insurance policies using Decision Number 38/Pdt .G/2023/PN Date as object of study. This research is descriptive normative legal research, with a statutory, conceptual and case approach. The data used is secondary data, which was collected using library study data collection tools using document study techniques. The data was then analyzed using qualitative data analysis methods and drawing conclusions deductively.The research concludes that the arrangements for closing life insurance policies in Indonesia are transparent and provide protection for the insured. OJK requires insurance companies to ensure prospective insureds understand the terms and risks, including the importance of health checks. Legal protection for the insured's heirs is regulated in Article 22-26 POJK No. 20/2023 concerning Insurance Linked to Credit, which highlights the importance of information transparency. If the claim is rejected due to the absence of a medical examination, the insured's heirs can file a lawsuit in District Court. Decision Number 38/Pdt.G/2023/PN Tgl emphasizes the importance of a medical examination before closing a policy, reflecting the principle of prudence and utmost good faith. This decision provides justice, certainty and benefits for policyholders by guaranteeing claim payments according to the provisions. It is recommended that there be detailed regulations regarding mandatory medical check-ups and transparency of information in credit life insurance. Insurance companies and banks must also increase the education of prospective insureds regarding the importance of medical examinations before disbursing credit.
LEGAL REVIEW OF VILLAGE CASH LAND RENTAL AGREEMENTS Akup, Apriliyanto Juwan Sukmana; Rahmatiar, Yuniar; Abas, Muhamad; Sanjaya, Suyono
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.v7i1.1469

Abstract

The implementation of leasing village treasury land is a common practice in Indonesia. However, in practice there are legal problems that often arise related to the protection of the rights of the parties involved in it. The implementation of this lease activity is related to the construction of the Subang Smartpolitan Industrial Estate by a private company that has obtained an Industrial Estate Business License (IUKI) in Subang Regency. One of the villages affected by the development of industrial estates has assets in the form of village treasury land that will be changed in function through the ruilslag or exchange process. To regulate the use of land during the ruilslag administrative process, it is considered necessary to first carry out a lease agreement. This legal event highlights the importance of regulating land use changes in a transparent manner and in accordance with applicable regulations. This research uses the Normative Juridical approach method, which is a form of scientific activity, which is based on certain methods, systematics, and thoughts, aiming to study one or several specific legal phenomena. The implementation of the lease agreement for village treasury land is linked to the Regulation of the Minister of Home Affairs Number 3 of 2024 concerning Amendments to the Regulation of the Minister of Home Affairs Number 1 of 2016 concerning Village Asset Management. Several legal aspects that need to be considered in a lease agreement such as Legal Basis, Village Authority, Lease Agreement, Transparency and Openness, Coordination, Protection of Village Rights, Alignment with Development, Supervision and Accountability, Legal Education, Public Supervision. Legal consequences for the parties involved, namely Binding Agreement, Rights and Obligations of the Parties, Duration of Rent, Rent Payment, Land Use, Maintenance and Repair, Transfer of Lease Rights, Sanctions and Fines, Dispute Resolution and Restoration of Village Rights.
LEGAL PROTECTION OF OWNERSHIP OF PROPERTY RIGHTS CERTIFICATES IN FORESTRY CULTIVATION AREAS Riswandi; Rosmini; Nur, Insan Tajali
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.v7i1.1468

Abstract

The background of this study examines the overlapping authority in determining forest areas and its implications for the legal protection of ownership of Land Ownership Certificates (SHM). This study found that overlapping authority occurred due to the absence of confirmation of forest area boundaries and systematic spatial planning, thus triggering conflict between communities that own SHM and forestry policies. The state has an obligation to protect community rights, including land rights as evidenced by SHM. The purpose of the study is to answer two things, first, to find out clarity about the factors that cause overlapping in determining forest areas in the Forestry Law, by analyzing the problems that arise from existing provisions. Second, the study looks at the form of legal protection provided by the state to the community in dealing with the problem of overlapping determination of forest areas in Kutai Kartanegara Regency. The type of this research is sociological legal research or Sociolegal studies. The research was conducted in the East Kalimantan Province, (East Kalimantan Province Environmental and Forestry Service, and the East Kalimantan Province Agrarian Spatial Planning Office/National Land Agency). The focus of this research was conducted in Sepati Village, Anggana District, Kutai Kartanegara Regency. This research will use selected respondents (purposive sampling) within the Kutai Kartanegara Regency in the area around the forestry cultivation area, namely Village Heads and Community Leaders. Specifically for respondents, researchers will conduct an interview process (deep-interview) including the use of snow-ball techniques with respondents who have a structured information network. The results of this study conclude that resolving overlapping authorities requires a comprehensive approach involving all related parties. The steps taken are comprehensive spatial planning, land dispute resolution, confirmation of forest area boundaries, strict law enforcement, strengthening institutions and non-litigation resolution.
BURDEN OF PROOF IN OVERTIME WAGE CLAIMS Nadaek, Nason; Wijaya, Adi
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.v7i1.1474

Abstract

Overtime wage demands occur when the company employs workers overtime, but the workers are not given overtime wages, so the workers are forced to make a report or complaint to the labor inspector, to conduct an examination as a basis for calculating and determining, because overtime wages are a right guaranteed by labor legislation. According to Prof. Dr. H.R Abdussalam, SIK, SH, MH and Adri Desasfuryanto, SH, MH, working hours are 7 (seven) hours a day and 40 (forty) hours a week and in the event that workers work beyond these working hours, then workers are entitled to overtime pay Keywords: Prosecution, imposition, evidence.
THE FUNCTION OF LAW IN ECONOMIC DEVELOPMENT AND COMMUNITY EMPOWERMENT IN INDONESIA Thamrin, Husni; Sobirov, Bobur; Thamrin, Muhammad Arganata; Royani, Esti
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.v7i1.1479

Abstract

The purpose of this study is to analyze the function of law in the stages of economic development and to analyze community empowerment through the role of law. The research is normative-legal research, using the statute approach, conceptual approach, and case approach. Secondary Legal Materials are all publications on a law that are not official documents which include textbooks, legal dictionaries, legal journals, and research reports. The collected legal materials are then analyzed qualitatively. The results of the research show that development in the economic field cannot work alone, but requires support from various parties, especially in the field of law. Law has a very central role in the success of a country's economic development, particularly in providing business and investment certainty, both at the central and regional levels. This will provide a huge opportunity for the central government in accelerating policies related to the economy in the regions because the regions are already stable in terms of the functioning of the legal function in the field of economic development. In relation to community empowerment, the function of law is as a driving force for development. In this case, the law as a tool to bring society in a more advanced direction will work dynamically following economic developments. Improvements in all sectors, starting from education, accessibility, action, institutions, business, income, environment, and life, and improving social relations in society will have a very big impact on economic growth in Indonesia.
COMMUNITY PARTICIPATION IN WASTE MANAGEMENT IN PINRANG REGENCY: TOWARDS A WASTE-FREE ENVIRONMENT AR, Andi Bau Inggit; Ruslan, Achmad; Annisa, Arini Nur; Arifin, Arnita Pratiwi; Lestari, Arini Enar; AR, Andi Bau Medlin; Imanullah, Andi Muhammad Aqil; Kadarudin; Rifai, Andi Tenri Famauri; Rastiawaty
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.v7i1.1362

Abstract

The problem of waste management in Penrang Village is caused by the fact that many people are not yet aware of disposing of waste in its place, the lack of community participation due to the lack of understanding and legal awareness of the community in protecting the environment, the suboptimal management of waste by the local government through TPS3R, and the lack of community understanding regarding Pinrang Regency Regulation no. 7 of 2013 concerning Waste Management. Legal socialization is the best solution that can be offered, so the method of implementing the activities used in lectures and discussions between the PPMU-PK-M Team of Hasanuddin University with the village apparatus and the surrounding community. The community's lack of understanding and awareness regarding their role in waste management causes many problems related to environmental management, especially concerning waste management in Penrang Village. The number of cleaning staff in Penrang Village is also inadequate, so they are overwhelmed in carrying out their duties. The lack of officers hampers the distribution of household waste to the final disposal site. This is because many people refuse to pay their waste transportation fees, even though the fees are managed to become the wages of cleaning staff in the village. In this case, the local government should be able to resolve the issue of wages for cleaning staff in order to achieve good waste management in Penrang Subdistrict.
HANDLING OF MINOR CRIMES OF THEFT IN OIL PALM PLANTATIONS Rahman, Rojali; Munawar, Akhmad
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.v7i1.1406

Abstract

Palm oil plantations play a vital role in Indonesia's economy but face issues of palm fruit theft with losses valued under IDR 2.5 million. Since the implementation of Supreme Court Regulation (PERMA) No. 2 of 2012, such theft cases have been resolved through restorative justice (RJ), which has proven insufficient in providing a deterrent effect. Offenders frequently repeat their actions, resulting in economic losses for companies and social unrest in communities. This study evaluates the effectiveness of RJ in addressing minor theft cases in palm oil plantations in Tanah Laut, South Kalimantan. Using normative legal methods and case analysis, it was found that RJ often imposes lenient sanctions, such as signing statements or temporary confiscation of theft tools. This leniency motivates offenders to exploit legal loopholes without fear of serious consequences. Challenges in RJ implementation include social protection for offenders by village officials, limited supervision, and inadequate security personnel in vast plantation areas. The study recommends stricter sanctions, such as recording offenders’ criminal records in police databases to enhance deterrence. Strengthening collaboration between companies and law enforcement is also necessary to prevent repeated theft. The application of RJ in minor theft cases in palm oil plantations needs revision to be fairer and more effective in protecting companies, communities, and deterring offenders. This study aims to contribute to the development of more adaptive legal policies tailored to local needs.
THE IMPACT OF RESTORATIVE JUSTICE ON ADDRESSING JUVENILE OFFENSES THE IMPACT OF RESTORATIVE JUSTICE ON ADDRESSING JUVENILE OFFENSES Aisyah, Sitti; Fahrudin, Muhammad Husni
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.v7i1.1482

Abstract

Restorative justice has emerged as a promising alternative to traditional punitive systems on a global scale, particularly in the context of addressing juvenile crime. This article explores the effectiveness of restorative justice in responding to child crime by analyzing its core principles, implementation strategies, and outcomes. Employing a blend of qualitative and quantitative research methods, the study delves into case studies, interviews with stakeholders, and statistical data from jurisdictions that have adopted restorative justice practices. The findings indicate that restorative justice can effectively reduce recidivism rates, promote community reintegration, and improve the psychological well-being of both offenders and victims. However, the research also highlights challenges, including inconsistent application and cultural barriers that can impede its effectiveness. To address these issues, the paper offers several recommendations, such as standardizing policies, enhancing facilitator training, and fostering community engagement to optimize the impact of restorative justice initiatives.

Page 31 of 50 | Total Record : 498

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