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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.
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Articles 498 Documents
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EXPLORING ETHICAL CLEARANCE IN RESEARCH: STUDENTS' PERCEPTIONS Citra Kurniawan; Herlin Pujiarti; Ence Surahman; Ubed Sonai Fahruddin Arrozi; Febri Taufiqurrahman; Nur Anita Yunikawati
Awang Long Law Review Vol. 7 No. 2 (2025): 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.v7i2.1339

Abstract

The need for research that meets the code of ethics increases along with the awareness of researchers to conduct research in accordance with ethical standards. However, awareness of the code of ethics is certainly not possessed by all academics, especially students. This study aims to explore students' perceptions of the code of ethics in conducting research and how perceptions influence students' views on the ethicals. The research method used in this study uses an experimental approach. This study involved 94 research participants in the study. Data analysis used in this study is validity, reality and correlation analysis. This study found that demographic data such as Gender, Semester Level and Research Subjects did not correlate with other variables. While the variable of importance of ethical clearance has a correlation with the impact of ethical violations, protection of research subjects and the responsibility of researchers and institutions.
RISK MITIGATION OF NEGATIVE PLEDGE COLLATERAL FOR SYNDICATED LOAN IN OIL AND GAS COMPANY Prabeswara, Yudho
Awang Long Law Review Vol. 7 No. 2 (2025): 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.v7i2.1405

Abstract

Lending by banks carries the risk of default, which may affect the bank’s financial stability. To reduce this risk, banks apply prudential principles in syndicated loans, including the Negative Pledge mechanism, which prohibits debtors from encumbering their assets to other parties without creditor approval. However, as a state-owned company, PT P has limitations in using its assets as collateral, so using a Negative Pledge is an alternative solution. The challenge is that this clause has no specific regulation in Indonesia, which can weaken the creditor’s position in the credit agreement. This research aims to analyze the application of Negative Pledges in syndicated loans in the oil and gas sector and identify risk mitigation strategies for creditors in Indonesian law. The research method used is descriptive with a normative approach based on analysis of positive law, jurisprudence, and legal doctrine. The findings reveal that although the Negative Pledge clause provides significant protection to creditors, its implementation in Indonesia faces challenges due to the absence of specific regulations governing the clause in detail. Additional clauses such as Disposal Restrictions are recommended to mitigate risks, along with enhanced oversight through more stringent agreement mechanisms. This study offers practical contributions to banks in managing syndicated loan risks and provides new insights into the development of banking legal policies related to the Negative Pledge in Indonesia.
LEGAL CONSTRUCTION OF RULE OF REASON APPROACH TO PREDATORY PRICING IN DIGITAL BUSINESS Ghifari, Naufal; Murwaji, Tarsisius; Harrieti, Nun
Awang Long Law Review Vol. 7 No. 2 (2025): 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.v7i2.1465

Abstract

The advancement of technology in the business sector is marked by digitalization, enabling transactions to be conducted virtually through platforms, which subsequently gave rise to a new business sector—platform providers. Over time, competition in this sector has increasingly led to unfair business practices, particularly through predatory pricing, which is prohibited. However, the current regulatory framework lacks clear and specific provisions as stipulated under Article 20 of Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. This ambiguity poses challenges in applying the regulation to concrete cases, particularly in addressing predatory pricing in the digital business context. Consequently, a precise and proportional legal construction is required. This research also employs a descriptive-analytical specification method, which involves outlining the applicable laws and regulations in connection with legal theories and the implementation of positive law practices relevant to the issues examined in this study. The research concludes that Predatory pricing practices in digital business, from the perspective of the Rule of Reason principle, tend towards prohibited below-cost pricing. Therefore, law enforcement necessitates the application of a legal construction based on the guidelines of the Business Competition Supervisory Commission Regulation Number 6 of 2011 concerning Guidelines for Article 20 of Law Number 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition. However, certain indicators need to be added to enhance the legal framework regulating predatory pricing in digital business through reconstruction by adopting standardized reasonableness criteria and integrating the Per Se Illegal approach to support the realization of legal certainty grounded in efficiency for consumer welfare.
DISPUTE RESOLUTION OF DEFAULT OF CV KARYA PUTRA BERSAMA IN COAL PROCUREMENT AGREEMENT BETWEEN PT. TJIWI CHEMICAL PAPER MILL, TBK. AND PT. INDAH KIAT PULP & PAPER, TBK. Indrawati, Titik; Astutik, Sri; Subekti
Awang Long Law Review Vol. 7 No. 2 (2025): 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.v7i2.1493

Abstract

Contractual disputes due to breaches often occur in business relationships, including the case between CV. Karya Putra Bersama and the plaintiff. This study aims to analyze the legal basis and resolution process of breach of contract disputes and their impact on the parties. The research questions include the causes of the breach, dispute resolution steps, and court decisions. The study employs a normative juridical approach by analyzing contract documents, legal facts, and court rulings. Findings indicate that the defendant breached the contract due to delayed deliveries and violations of contractual commitments, leading to a court ruling requiring the defendant to pay penalties and damages. Furthermore, non-litigation efforts such as legal notices failed due to the defendant's lack of goodwill. This study emphasizes the importance of detailed contract drafting and optimizing non-litigation dispute resolution to prevent legal and financial losses.
LEGAL CONSEQUENCES OF THE REVOCATION OF LAND AND HOUSE GRANTS BY A MOTHER TO HER BIOLOGICAL CHILD UNDER THE COMPILATION OF ISLAMIC LAW Zulaika, Emi; Ali, Moh.; Amien, Laily Firdausi Aulia
Awang Long Law Review Vol. 7 No. 2 (2025): 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.v7i2.1496

Abstract

This study analyzed the case of grants in decision number 4301 / Pdt.G/2023 / Pa.Jr, which involves a mother who donates all of her property in the form of land and a house to one child without the consent of the other children. A grant is a voluntary transfer of property from one person to another without coercion and generally irrevocable. In this context, however, the grant is canceled because there is no consent from the other heirs who should have the same rights to the property.Revocation of a grant refers to the act of canceling the status of a grant that has previously been granted, which in this case occurs due to a violation of the procedure established in the law. Under Articles 210 and 212 of the compilation of Islamic law, grants made without the consent of all heirs are considered invalid. As a result, the deed of Grant registered in the name of the donee is considered null and void, so the grant is considered an inheritance that must be divided equally among all legal heirs, in accordance with Article 213 of the compilation of Islamic law.This study emphasizes the importance of complying with legal procedures in grants to prevent disputes. The cancellation of this grant also shows the relevance of the need for the consent of all heirs in the grant process so that it does not contradict the provisions of the applicable law.
CIVIL LAW ASPECTS IN THE MAKING OF A POWER OF ATTORNEY TO SELL IN THE PROCESS OF TRANSFERRING LAND RIGHTS Kristanto, Yosua Yonathan; Khairunnisah; Pasaribu, Benhard Kurniawan
Awang Long Law Review Vol. 7 No. 2 (2025): 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.v7i2.1502

Abstract

In order to overcome these obstacles, it is necessary to help other individuals resolve them, which then gave rise to the concept of representation, where a person acts on behalf of other individuals when resolving their interests. This is known as power of attorney, which is regulated in Article 1792 of the Civil Code. Power of attorney itself is an agreement that requires authority in taking action. This research relied on a variety of library sources, i.e. references that contain the latest scientific information or updated understanding of known facts or developing ideas. These sources include books, journals, dissertations, theses and other legal documents. The research findings show that abuse of power of attorney, especially when the action taken is not in accordance with the power of attorney granted, can have various legal consequences. Actions that exceed the limits of the power of attorney risk being null and void or at least not binding on the authorizing party, in accordance with the provisions of Article 1804 of the Civil Code which states that actions outside the power of attorney do not create rights and obligations for the authorizer. The liability of the proxy itself relates to two important aspects: freedom of contract and statutory provisions. Although they have different meanings, there are exceptions to the freedom of contract principle that allow the making of agreements as long as they are not contrary to applicable law.
LAW ENFORCEMENT AGAINST FOREIGN NATIONALS WHO EXCEED THE PERIOD OF STAY PERMIT IN INDONESIA Hermawan, Ade; Sukindar; Khairunnisah
Awang Long Law Review Vol. 7 No. 2 (2025): 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.v7i2.1503

Abstract

Immigration problems are issues that cannot be ignored. The arrival of foreign nationals to Indonesia has an important role in supporting national development, as it can provide various benefits and advantages for the country. The mobility of foreigners in and out of Indonesia contributes to the increase of foreign exchange, especially in increasing regional income to support development and increase the amount of foreign currency deposits. This research focuses on the problems that arise when foreign nationals exceed the limit of their stay in Indonesia. This research utilizes the Empirical Juridical method with a juridical analysis approach in empirical legal studies. This approach views law as an inseparable part of human life. Law is not only considered as something abstract, but also understood through individual behavior and social dynamics in society. The study of social behavior in this context is directed at verifying the validity of the applicable law based on the empirical data obtained. Based on the research results, administrative action in immigration is closely related to selective policy as stipulated in the explanation section of Law No. 6/2011 on Immigration. Although legal provisions have regulated this, there are still cases of foreign nationals misusing their residence permits. One example of a case currently being handled by the Office of IMMIGRATION CLASS I TPI SAMARINDA shows that violations of residence permits are not criminally prosecuted, but are only subject to administrative sanctions in the form of deportation, as stipulated in Article 75 paragraph (2) letter f of Law Number 6 of 2011 concerning Immigration.
PRESIDENTIAL ELECTION 2024: ENSURING COMPLIANCE AND ACCOUNTABILITY THROUGH CRIMINAL LAW ENFORCEMENT IN ELECTRONIC ELECTIONS Pirmansyah, Redi; Junaidi; Merta, Martino
Awang Long Law Review Vol. 7 No. 2 (2025): 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.v7i2.1504

Abstract

The integration of digital technology into electoral processes marks a significant transformation in modern democracies, including Indonesia. Electronic-based elections have been implemented to improve the efficiency, transparency, and accessibility of the electoral process. However, this shift has also introduced a range of challenges, such as cybercrime, data leaks, misinformation, and legal ambiguities. The 2024 Presidential Election presents a critical opportunity to evaluate the effectiveness of criminal law enforcement in safeguarding the integrity of electronic elections. This research aims to assess how Indonesia’s legal system ensures compliance and accountability in the context of electronic voting. Utilizing a normative juridical approach, the study draws on primary legal materials specifically Law Number 7 of 2017 concerning General Elections and analyzes legal theories, principles, and doctrines relevant to electoral and criminal law. The findings reveal a regulatory gap in the current legal framework, where specific provisions addressing electronic electoral crimes are lacking. Consequently, enforcement efforts rely heavily on general laws such as the Electronic Information and Transactions Law, which are insufficient for addressing the complexity of digital election violations. The study emphasizes the urgent need to revise the Election Law to include detailed criminal provisions related to electronic election offenses, including classifications of violations, enforcement mechanisms, and accountability measures. In addition, the research highlights the positive impact of digital monitoring tools like Siwaslu and Gowaslu, implemented by Bawaslu, in enhancing election. Strengthening these legal and institutional aspects is essential to ensure that the 2024 Presidential Election upholds democratic principles in an increasingly digital landscape.
USTADZ AS MARRIAGE GUARDIAN FOR A MUSLIM CONVERT BRIDE Perwitiningsih, Perwitiningsih
Awang Long Law Review Vol. 7 No. 2 (2025): 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.v7i2.1505

Abstract

One of the legal requirements for marriage in Islam is the presence of a guardian for the bride, including for a bride who is a convert. One of the conditions for someone to act as a guardian in a Muslim marriage is that they must be a Muslim. If the bride’s guardian by liniage does not meet the requirements to be a marriage guardian due to being a non-Muslim, the authority to officiate the marriage is transferred to the Authoritative guardian. This research is a normative legal study using a statutory approach, examining the role of an ustadz as the Authoritative guardian for a converted bride. The results of the research show that the appointment of Ustadz Yahya M.Y. as the Authoritative guardian for Mahalini did not comply with the procedures and regulations in force in Indonesia. The person who should have acted as the Authoritative guardian in the marriage of Mahalini and Rizky is the Head of the District Religious Affairs Office, who is appointed by the Minister of Religious Affairs to act as the guardian for a bride who has no lawful guardian or whose guardian does not meet the legal requirements. An invalid guardian causes marriage to be invalid as well. However, regarding the status of the child conceived by Mahalini at the time of the remarriage, based on Article 42 of the Marriage Law in conjunction with Article 99 point (a) of the Compilation of Islamic Law, the child is considered legitimate, as a child born from a valid marriage is recognized as a legitimate child and entitled to legal rights under the law.
LEGAL CONSEQUENCES AGAINST BUSINESS ACTORS WHO DO NOT IMPLEMENT OCCUPATIONAL HEALTH AND SAFETY STUDIED FROM POSITIVE LAW Fadillah, Fathur Nur; Rosifany, Ony; Kamaludin
Awang Long Law Review Vol. 7 No. 2 (2025): 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.v7i2.1506

Abstract

Work accidents caused by companies that are negligent in implementing Occupational Safety and Health (K3) can endanger workers or laborers who are carrying out their activities in the company. They can experience minor or serious injuries, permanent disabilities, and in the worst case, can result in death for workers or laborers. Development companies must not be negligent in implementing K3 protocols in their production areas and construction areas because it can cause discomfort for workers or laborers in working and the level of work accidents has the potential to be very high. In this study, a normative legal research method was used, research materials were mostly accessed from the literature, namely materials containing new or up-to-date scientific knowledge, or new understandings of known facts or ideas, in this case including books, journals, dissertations or theses, and other legal materials. The results of the research obtained were the legal consequences for perpetrators who do not implement K3 as stated in Article 35 paragraphs (2) and (3) in conjunction with. Article 186 paragraph (1) of Law Number 13 of 2003 concerning Manpower explains that companies that provide workplaces for workers or laborers are required to provide protection that includes welfare, safety and occupational health for workers/laborers from the beginning of recruitment to work placement. Legal protection for workers who experience work accidents is an important aspect of the employment system in Indonesia, as stipulated in Law Number 13 of 2003 35 paragraphs (2) and (3) jo. Article 186 paragraph (1) and concerning Manpower.

Page 32 of 50 | Total Record : 498

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