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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 PROTECTION FOR LOSSES DUE TO BUGS IN SMART CONTRACTS IN TRADE PRACTICES THROUGH ELECTRONIC SYSTEMS Yusuf Kornelius; Surahmad
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.v7i2.1543

Abstract

The rapid advancement of technology has significantly impacted various aspects of society, particularly in the field of trade conducted through electronic systems. One important innovation emerging from this development is the smart contract. However, alongside these advancements, new challenges have arisen, especially technical vulnerabilities that can occur at any time. Although smart contracts offer increased efficiency and security, they remain inherently susceptible to bugs. Therefore, this study aims to analyze the potential losses caused by bugs in smart contracts within electronic trading systems, as well as to examine how existing legal instruments protect parties harmed by such bugs. This research employs a normative legal methodology, utilizing statutory and conceptual approaches, and relies on secondary data obtained through a literature review. The findings indicate that bugs in smart contracts used in electronic trading can result in both material and immaterial losses for users. Furthermore, legal protection to mitigate such losses is supported by two main pillars: preventive protection and repressive protection, both of which are guaranteed under Indonesian positive law. Thus, the findings show that although Indonesia does not yet have specific legislation explicitly regulating smart contracts, legal protection for aggrieved parties is still available through the existing legal framework, including the Electronic Information and Transactions Law (UU ITE), the Consumer Protection Law (UU PK), Government Regulation on Electronic Systems and Transactions (PP PSTE), and Government Regulation on Trading Through Electronic Systems (PP PMSE) which collectively cover protection aspects in technology-based trade transactions.
IMPLEMENTATION OF INTELLECTUAL PROPERTY LAW AWARENESS AND CYBERSECURITY TECHNOLOGY AGAINST DIGITAL COPYRIGHT VIOLATIONS IN INDONESIA DURING THE 2024 ELECTIONS Yoan Shevila Kristiyenda; Tasya Safiranita Ramli
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.v7i2.1548

Abstract

The rapid growth of internet users in Indonesia has driven digitalization across various aspects of life, including the 2024 General Election. However, this increase in digital activity also raises serious challenges related to the protection of intellectual property rights and digital rights, such as copyright infringement, the spread of hoax information, and cyberattacks that potentially threaten the integrity of democracy. Based on this background, this study examines how awareness of Intellectual Property Rights and cybersecurity technology impacts digital copyright infringement and digital rights violations in the 2024 General Election. This research uses a normative-empirical legal method, combining field and literature studies, to analyze the effectiveness of regulations and public awareness of Intellectual Property Rights. The analysis refers to Soerjono Soekanto’s Theory of Legal Awareness, which outlines four progressive indicators: legal knowledge, legal understanding, legal attitude, and legal behavior. These indicators serve as a framework to assess how public knowledge, understanding, attitudes, and behavior toward intellectual property and cybersecurity influence the level of digital rights violations in Indonesia during the 2024 General Elections. The results show that weak public understanding of intellectual property rights contributed to widespread copyright infringement, while hoaxes and weak cybersecurity threatened the integrity of the election. Thus, the spread of hoaxes on social media and weak cybersecurity highlighted the need for collaboration among the government, the public, and the media. Strengthening regulations, increasing legal awareness, and adherence to cybersecurity standards are key to maintaining the integrity of information and electronic systems during General Elections.
ANALYSIS OF THE RESPONSIBILITIES OF THE ORGANIZER OF THE ELECTRONIC SYSTEM IN CASE OF DATA BREACH Rumbruren, Anthon; Watofa, Yohana
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.v7i2.1549

Abstract

The cases of data breaches in Indonesia have been increasing over the past few years, raising serious concerns regarding the protection of users' personal data in electronic systems. This research aims to analyze the legal responsibilities of electronic system organizers (PSE) in data breach cases from the perspective of Indonesian law. The analysis focuses on the applicable regulatory framework, forms of responsibility, and the effectiveness of its implementation. This study employs a normative juridical method with a legislative approach and case studies. Primary data is obtained through an analysis of the ITE Law, Government Regulation 71/2019, and regulations related to data protection, while secondary data is collected from significant case studies of data breaches that have occurred in Indonesia. The research findings indicate that the legal responsibilities of PSE in data breaches encompass civil, administrative, and criminal aspects. Although the PDP Law has been enacted, Indonesian regulations remain less comprehensive, particularly concerning mandatory security standards and breach notification mechanisms. Law enforcement faces challenges such as proof difficulties, the complexity of foreign PSE jurisdiction, and limited sanctions. Compared to the EU's GDPR, Indonesian regulations are not as strict and progressive in proactive obligations and strong penalties. The study recommends strengthening regulations with a strict liability principle, establishing minimum security standards, clear notification mechanisms, and refining proportional administrative and criminal sanctions.
ESTABLISHING CONSUMER SECURITY WITHIN THE PEER-TO-PEER LENDING ECOSYSTEM IN INDONESIA: A JURIDICAL ANALYSIS Samuel, Yoel; Gunadi, Ariawan
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.v7i2.1550

Abstract

The development of financial technology has driven the rise of peer-to-peer lending services in Indonesia, enabling fast and accessible financing. However, this convenience is accompanied by increasing violations of consumer rights, including excessive interest rates, misuse of personal data, and standard agreements that disadvantage consumers. Many users fail to understand the legal implications of the terms they accept, reinforcing an imbalance of power between providers and consumers. Aggressive and unethical debt collection practices have also emerged due to weak regulatory oversight. This study aims to analyze the effectiveness of legal consumer protection within Indonesia’s peer-to-peer lending ecosystem. The research applies a normative juridical method through literature review, analysis of Supreme Court Decision No. 1206 K/Pdt/2024, and conceptual legal interpretation. Findings indicate that existing regulations, such as the Consumer Protection Act and the Financial Sector Development and Strengthening Act, have not been optimally enforced, particularly concerning standard clauses and data protection. The government must enhance public legal literacy and strengthen regulatory oversight and sanctions against violations. In conclusion, structural and substantive reforms of fintech regulations are needed to ensure that digital financial innovation advances in alignment with consumer justice and legal protection.
IMPLICATIONS OF THE 'MARRIAGE IS SCARY' TREND ON TIKTOK ON MUSLIM TEENAGERS' VIEWS ON MARRIAGE Rambe, Rizki Zil Ikram; Iwan
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.v7i2.1552

Abstract

The growing phenomenon of "Marriage is Scary" on social media, particularly on TikTok, has influenced Muslim teenagers in Medan Johor's views on marriage. The trend highlights fear and ambivalence towards marriage with negative narratives that focus on the burdens and challenges of marriage. This study aims to explore the impact of these trends on Muslim teenagers' perceptions, as well as the relevance of religious understanding and the role of social media in shaping attitudes towards marriage. The method used is juridical sociological with a qualitative approach, collecting data through interviews, questionnaires and observation. The Legal Benefit Theory in this study shows that law can serve as an instrument that not only protects individuals from the impact of misperceptions, but also ensures social welfare in the long run. The results show that this trend has an impact on the decline in teenagers' interest in marriage, the increase in hedonistic behavior and individualism, and the shift in family values. On the other hand, a strong religious understanding can be a protective factor against these negative influences. In conclusion, it is important for families, schools and religious communities to improve media literacy and provide contextualized religious guidance to strengthen the understanding of marriage in Islam as an act of worship that brings blessings, as well as to counterbalance the negative narratives that develop on social media.
LEGAL PROTECTION FOR DEBTORS ACTING IN GOOD FAITH IN FULFILLING OBLIGATIONS TO UNIDENTIFIED CREDITORS Hardiyansyah, Tendri; Tjempaka, Tjempaka
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.v7i2.1555

Abstract

The transfer of receivables (cession) in mortgage loan agreements without prior notice to the debtor has led to legal uncertainty and poses a risk of harm to debtors acting in good faith. This study aims to analyze the legal standing of debtors in cases of cession conducted without notification, as well as to identify forms of legal protection available to such debtors. The research adopts a normative juridical approach, relying on the analysis of statutory regulations and a case study of the Tangerang District Court Decision No. 1238/Pdt.G/2022/PNTng. The findings indicate that although Article 613 of the Indonesian Civil Code requires notification to the debtor in the event of cession, the absence of sanctions for creditors who fail to comply allows the practice of transferring receivables without debtor notification to persist. As a result, debtors are often exposed to the risks of double payment or being considered in default by the new creditor. This research recommends strengthening regulations concerning the mandatory notification of cession and encouraging the active role of financial authorities in ensuring transparency and protection for debtors. The implications of this study underscore the need for legal reform to establish a fairer and more legally certain system for the transfer of receivables.
THE URGENCY OF HALAL CERTIFICATION IN ENSURING LEGAL CERTAINTY FOR MUSLIM CONSUMERS Marliana, Brian Fina; Rokhim, Abdul; Farahwati
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.v7i2.1562

Abstract

Perceptions about halal certification vary widely, many consumers still do not understand the importance of this certification, even though this certification is part of their rights as consumers. Without a strong understanding of the importance of halal certification, Muslim consumers may face the risk of consuming non-halal products that can interfere with their beliefs. The research method used is Normative legal research, research by approaching laws and regulations and legal literature and journals. The results of the study show that halal certification has a crucial role in providing legal certainty for Muslim consumers in Indonesia, the majority of whom are Muslim. Law No. 33 of 2014 concerning Halal Product Assurance makes this certification mandatory, so it is expected to protect consumer rights in accessing products that comply with sharia principles. Legal certainty for Muslim consumers is very important in the context of consumer protection, especially in the digital era and e-commerce. Research shows that adequate regulation and protection can help Muslim consumers obtain products and services that comply with Islamic principles. Optimizing halal certification is one of the key aspects that supports legal certainty for Muslim consumers. Thus, the urgency of halal certification in this context lies not only in legal and social support, but also in collective efforts to educate the public about the importance of halal products, operationalization in business practices, and assurance that the products they consume maintain sharia values. The role of the government in supporting Micro, Small, and Medium Enterprises (MSMEs) and other business actors to access halal certification is very strategic, considering the importance of this certification to increase the competitiveness of MSME products in domestic and international markets.
EFFECTIVENESS OF LEGAL PROTECTION FOR LAND RIGHTS CERTIFICATE HOLDERS AGAINST UNLAWFUL THIRD-PARTY CLAIMS Mohamad, Alwi Rany; Djaja, Benny
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.v7i2.1564

Abstract

Legal protection for land rights certificate holders is a crucial aspect in realizing legal certainty in the agrarian sector. Land certificates, which are supposed to be the strongest evidence of ownership, still often face challenges in the form of claims from third parties that do not have a legal basis, such as oral inheritance claims, physical possession without certificates, or unrecorded customary recognition. This study aims to analyze the effectiveness of legal protection for land certificate holders in dealing with these claims. The method used is normative juridical with a case study approach, which examines national regulations such as the Law no. 5 of 1960 concerning Basic Agrarian Principles (UUPA) and Government Regulation No. 24 of 1997 concerning Land Registration as well as a number of court decisions, including cases involving unilateral cancellation of certificates. The results of the study show that although legal norms have provided strong protection through the principle of legality and the principle of legal certainty, in practice there are still gaps such as weak integration of land data, administrative inconsistency, and low public legal literacy. In addition, judicial practices are also not completely consistent in deciding land cases. Therefore, legal protection for land certificate holders has not been fully effective. It is necessary to strengthen the administrative system, strict law enforcement against claims without legal basis, and increase public understanding of the importance of formal legality in land transactions and ownership. With this step, it is hoped that Indonesia's land system will be able to provide substantive protection and prevent future agrarian disputes.
LEGAL PROTECTION OF MINORITY SHAREHOLDERS INTERESTS IN MERGER ACTIONS Puspita, Lidya; Gunadi, Ariawan
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.v7i2.1572

Abstract

partnership, distinguishing it from other business entities that emphasize personal relationships. This legal framework has made limited liability companies attractive to investors, particularly through strategic actions like mergers, which aim to enhance capital structure, competitiveness, and operational efficiency in a dynamic global economy. However, mergers often raise concerns about the protection of minority shareholders, who face potential marginalization due to the dominance of majority shareholders in decision-making processes. This study evaluates the effectiveness of legal protections for minority shareholders in merger actions under the Company Law, identifies gaps in implementation, and proposes policy recommendations to ensure equitable governance. Employing a normative legal research method, the study analyzes primary legal materials (legislation), secondary materials (scholarly literature), and tertiary sources (legal dictionaries). Findings reveal that while the Company Law provides preventive and repressive protections, such as the right to sell shares at a fair price (Article 62) and mandatory general meeting approvals, practical implementation often fails to address power imbalances. Minority shareholders frequently lack influence, and mechanisms like fair price determination are susceptible to manipulation. The study concludes that stronger oversight, enhanced transparency, and stricter enforcement are essential to safeguard minority shareholders’ rights, ensuring mergers align with principles of fairness and good corporate governance.
THE ROLE OF THE NOTARY SUPERVISORY COUNCIL IN ADDRESSING CIVIL LAW VIOLATIONS COMMITTED BY NOTARIES Lukita, Hans; Gunadi, Ariawan
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.v7i2.1576

Abstract

The notary profession holds a strategic position in Indonesia’s civil law system due to its authority to produce authentic deeds with full evidentiary value. However, in practice, there are several cases in which notaries have been reported for alleged civil law violations, including drafting deeds that harm certain parties. This situation highlights the need for proportional legal protection and supervision of notaries as public officials. This study aims to analyze the supervisory mechanisms and the preventive role of the Notary Supervisory Council over notaries reported for civil law violations. This research uses a normative juridical method through literature review and case-based analysis. The findings show that notaries can still be held legally accountable if they are negligent or violate procedures in preparing deeds. In some instances, notarial deeds may be downgraded to private deeds or annulled by law. The Notary Supervisory Council plays a role in administering guidance and tiered supervision, including issuing administrative sanctions such as warnings or dismissals. Additionally, the Council serves as legal support to prevent criminalization of notaries who perform their duties professionally. In conclusion, notary supervision must be carried out fairly and proportionally while upholding the integrity of the profession; it is recommended that the Council’s preventive role be strengthened, particularly through legal assistance in civil cases.

Page 34 of 50 | Total Record : 498

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