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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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LEGAL CONSEQUENCES OF OWNERSHIP OF UNREGISTERED LAND RIGHTS FROM THE PERSPECTIVE OF POSITIVE LAW Noor, Muhammad Ferdian; Sukindar; 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.v7i2.1507

Abstract

The land registration process throughout Indonesia has not been fully completed, this phenomenon is influenced by the lack of public awareness in registering their land. Although the government has set a target to achieve comprehensive land registration through the Complete Systematic Land Registration Program (PTSL), the purpose of this study is to determine the legal consequences of not registering land rights in Indonesia and legal certainty in land registration. In this study, the method of accessing and researching takes a lot from library materials, 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 legal consequences of not registering land rights in Indonesia in the form of certificates can have significant implications for legal certainty and protection of landowner rights. Land registration is an important step to ensure legal certainty, where land title certificates serve as strong evidence of ownership. Without registration, landowners are at risk of legal uncertainty, which can result in land disputes and difficulties in conducting other legal transactions. The results of the implementation and execution of electronic land registration as referred to in paragraph (1) are in the form of data, electronic information, and/or electronic documents. That in the process of implementing land registration with Government Regulation Number 24 of 1997 concerning Land Registration states that land registration is a series of activities carried out by the Government continuously, sustainably and regularly.
LAND DISPUTE BETWEEN MAMAK AND NEPHEW OVER CENTURIES-OLD INHABITED LAND BASED ON JUDGE'S DECISION Yulidia, Yulidia; Sudiro, Amad
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.v7i2.1509

Abstract

Minangkabau society adheres to a matrilineal kinship system, where ancestral land (pusaka tinggi) is inherited collectively by female family members and cannot be transferred outside the lineage. The legal relationship between customary law communities and their land creates inherent rights that ensure communal ownership and usage. However, disputes often arise regarding land ownership and inheritance due to differing interpretations of customary laws. This research aims to analyze the resolution of inherited land disputes within the Minangkabau community, specifically in the Batang Kapas area, based on the court decision in case number 31/Pdt.G/2013/PN.Pin. The study employs normative legal research methods, focusing on statutory, case law, historical, and conceptual approaches. Data is gathered through document analysis of court decisions, legal literature, and Minangkabau customary law principles. The findings indicate that the resolution of customary land disputes heavily relies on historical evidence, family genealogy, and the existence of ancestral graves on the disputed land. The court ruled in favor of the defendants, considering that the land had been occupied for generations by the same lineage, as evidenced by the presence of family burial sites and testimonies from customary leaders. The decision highlights the strong influence of Minangkabau customary law in determining rightful ownership, emphasizing the principle of collective inheritance and the role of traditional leaders in dispute resolution. This study underscores the enduring relevance of customary law in modern legal frameworks and its significance in preserving communal property rights within indigenous communities.
JURIDICAL REVIEW OF COPYRIGHT INFRINGEMENT IN BOOK CIRCULATION THROUGH E-COMMERCE PLATFORMS Hardiyanti, Vivi; Syahriar, Irman; 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.v7i2.1510

Abstract

People often copy and duplicate literature since it has gotten ingrained in their minds and they don't consider the inadequacies of others. Individual copyright protection is almost nonexistent in Indonesia. Traditionally, everything created by the community is referred to as common property. The requirement for legal protection becomes apparent after the work's economic worth is established. The traditional perspective is that copyright's benefits outweigh its costs. The method used in this study relies on library resources, namely those that provide new or current scientific information or fresh perspectives on established facts or concepts. In this instance, these resources include books, journals, dissertations, theses, and other legal papers. Both primary and secondary legal sources are thoroughly used in this normative legal study. In Indonesia, copyright violations on e-commerce sites are still seen as ineffectual. Practice on the ground demonstrates that numerous copyright infringements, such as the selling of pirated books, are nevertheless widespread even though the UUHC provide a legal foundation for combating infringement. This is caused by a number of things, such as a lack of government control and e-commerce platforms' incapacity to efficiently monitor and eliminate material that violates copyright. The prior legislation was improved upon with the enactment of the UUHC (Copyright Act) of 2014. Better protection for artists and their works is undoubtedly the goal of this change. The need for more protection and legal clarity for authors, copyright holders, and owners of associated rights is heightened by the rapid advancements in science, technology, literature, and the arts. Indonesia is encouraged to further implement copyright and associated rights in its domestic legal system by its involvement in several international treaties, which enables its authors to compete globally. This is also part of the history of how UUHC 2014 came to be, superseding Act No. 19 of 2002 on Copyright.
IMPLEMENTATION OF DIVERSION IN THE JUVENILE CRIMINAL JUSTICE SYSTEM IN SAMARINDA DISTRICT COURT Rido, Muhammad; Rosifany, Ony; Imron
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.v7i2.1511

Abstract

Children need to be protected from the negative effects of rapid development, globalization in the information and communication industry, scientific and technological breakthroughs, and changes in lifestyle and lifestyle of some parents. These factors result in fundamental social changes and have a major impact on children's behavior and values. Children who commit crimes are greatly influenced by socialization, education, playmates, and other external factors. This study uses the normative legal research method, utilizing primary and secondary legal sources, especially those that provide fresh or current scientific data or alternative perspectives on established facts or ideas. These sources in this case are books, journals, theses or dissertations, and other legal papers.The results of this study are that the implementation of Diversion is one of the restorative justice approaches that can be used to handle juvenile crimes. By focusing on how to return to the original state, diversion through a restorative justice approach is a fair and reasonable solution to children's cases involving perpetrators of criminal acts, victims, families of criminals, and other parties who collectively seek a solution to the crime and its consequences for the victim. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System regulates the procedures for diversion. Various studies have shown that there are obstacles that hinder the implementation of effective diversion. One of the main challenges is the lack of in-depth understanding of the procedures and principles underlying diversion among law enforcement officers and the community.
THE IMPACT OF COUNTERFEIT MONEY CIRCULATION ON MONETARY STABILITY AND THE ROLE OF BANK INDONESIA IN HANDLING IT Widagdo, Chanandika Dafri; Firmansyah, Hery
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.v7i2.1516

Abstract

The circulation of counterfeit money in Indonesia poses a serious threat to monetary stability and public trust in the rupiah. This issue can disrupt the financial system, undermine the credibility of legal tender, and weaken the effectiveness of monetary policy. Bank Indonesia, as the central bank, plays a critical role in maintaining the integrity of the national currency and ensuring a smooth payment system. Counterfeit money not only undermines the currency’s value but also creates challenges for economic growth and stability. This study aims to analyze the impact of counterfeit money circulation on Indonesia’s monetary stability and evaluate the role of Bank Indonesia in mitigating its effects. Using a normative juridical method with a qualitative descriptive approach, the research relies on secondary data obtained through literature reviews, legal instruments, policy reports, and publications from relevant institutions such as Bank Indonesia and law enforcement agencies. The data are analyzed by interpreting legal norms, institutional functions, and strategic efforts concerning monetary stability. The findings indicate that Bank Indonesia has implemented multi-faceted mitigation strategies, including enhancing the security design of the rupiah, improving public financial literacy through campaigns like “Love, Proud, Understand Rupiah,” and strengthening cooperation with law enforcement to address counterfeit money circulation. However, challenges remain, particularly with technological advancements used by counterfeiters and insufficient public awareness. The study concludes that Bank Indonesia’s role must be continuously strengthened, not only in legal and technological measures but also in increasing public engagement to safeguard the rupiah and ensure monetary stability.
UNDERSTANDING THE MECHANISM OF JOINT PROPERTY DIVISION: RIGHTS OF HUSBAND AND WIFE ACCORDING TO MARRIAGE LAW IN INDONESIA Royani, Esti; Kamaluddin; Sarikun; Isnawati; Syamsudin
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.v7i2.1519

Abstract

The mechanism for dividing joint assets in marriage law in Indonesia still occurs due to differences in its implementation. Court decisions often rely on consideration of financial contributions, but non-financial contributions are not properly recognized. Inaccuracies in judges' decisions and the lack of public understanding of the law are the main factors influencing the uncertainty of the division of joint assets after divorce. This study aims to analyze the mechanism of division of joint property in marriage law in Indonesia and identify the factors that influence the process. The focus of this study is to examine financial and non-financial contributions considered in court decisions, and differences in legal interpretation can affect the results of the division of joint assets. This study uses empirical research methods with qualitative and quantitative approaches. A total of 30 divorce cases have been analyzed in district courts and religious courts to understand the pattern of division of joint assets in legal practice. The results of the study show that although most court decisions prioritize financial contributions in the division of joint assets, non-financial contributions have not been estimated. Other influencing factors are property owners, access to legal examination, and recognition of two rights. More comprehensive rules and regulations are needed for the distribution of joint assets. An important step towards a fair and transparent legal system is the reform of the judicial system and legal training for married couples.
IMPLICATIONS OF IMPLEMENTING BEHAVIOR CHANGES IN ABUSE OF DOMINANT POSITION BASED ON BUSINESS COMPETITION LAW Hanif, Muhammad Fauzan; Sudaryat, Sudaryat; Suryamah, Aam
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.v7i2.1524

Abstract

Abuse of a dominant position is one type of violation that can provide an opportunity to change behavior. The mechanism for providing behavioral change in the abuse of a dominant position has implications for the KPPU, the reported party, and competing business actors. In terms of providing an opportunity to change behavior, the Commission Council considers the type of violation, the time of the violation and the losses caused by the violation. There is no further explanation regarding the criteria for providing an opportunity to change behavior, so legal construction is needed. This research was carried out using a normative juridical approach. Specifications: This research is descriptive analytical in nature, namely the data obtained will be described in this research by providing an overview of legal problems, the legal system and reviewing or analyzing them according to the needs of the research. The results of the research show the implications that arise in providing behavioral changes for violations of abuse of a dominant position which are contrary to the principle of legal certainty. Changes in behavior in the abuse of a dominant position will open up opportunities for the reporter to design abuse strategies in the future with different strategies. Per se approach indicators are needed to perfect the legal construction of providing behavioral changes for abuse of a dominant position. The KPPU can apply an alternative approach by carrying out analysis if the perpetrator abuses a dominant position at the same time committing a violation that meets the elements in another article, behavior change can be rejected.
LEGAL PROTECTION OF FASHION DESIGN WITH MOTIFS IN THE DIGITAL ERA AGAINST COPYRIGHT INFRINGEMENT IN THE INDONESIAN FASHION Sartika, Dewi; Mas, Elvi Yanti Dwi; Ekawati
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.v7i2.1525

Abstract

The introduction of digital technology into the process of creating and distributing fashion motif designs, such as the application of digital printing techniques, increasingly shows how vulnerable creative works are to copyright infringement practices. Learning and applying this technology also raises the need for adequate legal knowledge, so that there needs to be socialization and education regarding copyright among creative industry players. Along with globalization and increasingly widespread internet penetration, cases of copyright infringement are not limited to one country. The digital transformation in the fashion industry has opened up opportunities for designers to develop creative fashion motifs through digital media, but at the same time increases the risk of copyright infringement due to the ease of replication, distribution, and modification of designs online. The application of digital printing technology, for example, allows for the reproduction of motifs with high quality and speed that is difficult to monitor, thus raising legal issues if the design is duplicated without permission. The gap between advances in information technology and the legal framework for intellectual property protection and the low level of legal literacy among creative industry players further exacerbates this condition. Therefore, it is necessary to revise laws and regulations, improve monitoring mechanisms, and provide intensive education so that the copyright protection system for fashion motif designs can be comprehensively integrated. Integration between digital technology innovation and adaptive regulatory enforcement is considered the key to creating a fair, innovative fashion industry ecosystem that is able to provide proper rewards to creators.
THE EFFECTIVENESS OF THE BATAM CITY GOVERNMENTS ROLE IN REDUCING THE INCIDENCE OF EARLY MARRIAGE Rahmadani, Aini; Dewi Seroja, Triana; Tan, Winsherly
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.v7i2.1530

Abstract

Early marriage remains a significant social issue in Indonesia, particularly in Batam City, despite legal regulations setting the minimum marriage age at 19. This study evaluates the effectiveness of the Batam City Government's role in reducing early marriage rates, identifies obstacles, and proposes solutions. Using an empirical legal approach, data were collected through observations at the UPTD for Women and Children Protection (PPA) and the Population and Civil Registration Office, along with secondary sources such as legal documents and reports. Findings reveal that economic pressures, cultural norms, lack of education, and limited reproductive health awareness contribute to persistent early marriages. From 2019 to 2024, Batam recorded 119 early marriage cases, with economic hardship and premarital pregnancies as primary drivers. The government faces challenges, including weak community adherence to legal standards, insufficient coordination among agencies, and resistance from traditional leaders. Proposed solutions include intensifying public education campaigns, integrating reproductive health into school curricula, providing economic support for low-income families, and enhancing parental guidance programs. Strengthening inter-agency collaboration and conducting regular program evaluations are also critical. This study highlights the need for a comprehensive, multi-stakeholder approach to effectively reduce early marriage rates, ensuring better protection of children's rights and long-term societal well-being.
CARBON TAX REGULATION IN INDONESIA: A COMPARATIVE REVIEW WITH SINGAPORE Salsabila Yasmin Qanita; Sadiawati, Diani
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.v7i2.1533

Abstract

Climate change presents an urgent global challenge, prompting countries to adopt emission reduction strategies in accordance with the Paris Agreement. One such strategy is the implementation of a carbon tax to reduce greenhouse gas emissions and promote sustainable development. Indonesia and Singapore, as signatories to the Paris Agreement, have both introduced carbon pricing policies with differing legal and institutional frameworks. This study analyzes and compares the carbon tax regulations in Indonesia and Singapore to evaluate their alignment with climate commitments and identify practical lessons for Indonesia. The objective of this research is to examine the carbon tax regulations in both countries and identify aspects of Singapore's carbon tax policy that could serve as a lesson for Indonesia in formulating a more effective policy. This study employs a normative juridical method with a comparative approach and a statutory approach. The findings indicate that Indonesia’s carbon tax, introduced through Law Number 7 of 2021, represents an initial step toward achieving national climate targets. However, the policy is still limited in scope and lacks certainty in rate progression, coordination between institutions, and enforcement mechanisms. Conversely, Singapore’s Carbon Pricing Act 2018 provides a more structured and transparent system. It includes specific emission thresholds, gradually increasing tax rates, centralized reporting, and strict enforcement backed by legal sanctions. Therefore, Indonesia can draw lessons from Singapore in terms of policy design, institutional framework. These include establishing a clear carbon tax roadmap, improving inter-agency coordination, developing a centralized monitoring and reporting platform, and implementing firm sanctions for non-compliance.

Page 33 of 50 | Total Record : 498

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