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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 INSURANCE COMPANIES AGAINST ABUSE OF INSURANCE CLAIMS Candra, Dimas; Djajaputra, Gunawan
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.v7i2.1578

Abstract

Uncertainty in human life gives rise to the need for legal and economic protection instruments, one of which is through the insurance mechanism. As a form of risk transfer, insurance provides compensation guarantees for losses due to uncertain events, such as accidents, fires, or death. In the legal framework in Indonesia, the relationship between the insurer and the insured is formed through an agreement (policy) or normative provisions in laws and regulations. However, in practice, this relationship is inseparable from the problem of moral hazard, especially the misuse of claims by the insured who act dishonestly. This phenomenon not only causes economic losses for insurance companies, but also threatens the integrity of the insurance system itself. Therefore, an effective legal protection mechanism is needed for insurance companies to deal with these manipulative practices. This paper examines the forms of legal protection available, both through contractual instruments (internal) and external regulations such as Law Number 40 of 2014 concerning Insurance. With a normative legal approach, this paper aims to provide a deeper understanding of the importance of maintaining a balance of rights and obligations in insurance contracts and the need to strengthen legal aspects in anticipating misuse of claims.
LEGAL CONSEQUENCES OF VIOLATION OF THE DISTRIBUTION OF ABSOLUTE RIGHTS OR LEGITIME PORTIE WHICH RESULT IN INHERITANCE DISPUTES Vianka, Maria Ibella; 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.v7i2.1579

Abstract

A will deed is a legal document expressing the testator's final wishes and has binding legal force if created according to applicable law. In practice, inheritance disputes often arise when the contents of a will violate the heirs’ mandatory portion (legitime portie). Such violations can result in legal harm and lead to lawsuits against the notary as the official deed maker. This study aims to analyze the notary’s legal responsibility and the role of the Notary Supervisory Council in resolving inheritance disputes involving wills that breach legitime portie. The research method is normative juridical with a statutory and case approach. The findings show that a notary is obligated to provide legal counseling and refuse to draft deeds that contradict the law, including provisions on legitime portie under Article 913 of the Indonesian Civil Code. If a notary violates this obligation, they may be held civilly liable and sanctioned administratively by the Supervisory Council. The Notary Supervisory Council is authorized to examine notaries, impose sanctions, and report findings through a tiered system from local to national level. In many cases, this oversight mechanism is crucial in maintaining notarial professionalism and integrity while protecting the rights of disadvantaged heirs. It is concluded that the preventive and repressive role of the Notary Supervisory Council must be strengthened to prevent and resolve inheritance disputes arising from legitime portie violations by notaries.
REVENGE PORN IN INDONESIAN LAW: AN ANALYSIS OF CRIMINAL LIABILITY AND VICTIM PROTECTION BASED ON THE ELECTRONIC INFORMATION AND TRANSACTIONS LAW AND THE SEXUAL VIOLENCE CRIME LAW Madani, Irfan Syauqi; 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.v7i2.1580

Abstract

The advancement of information technology has led to new forms of crime, one of which is revenge porn. This crime involves the non-consensual distribution of intimate content, often carried out as retaliation after a failed relationship. Although Indonesian law has addressed this issue, victim protection remains insufficient and fragmented. This research aims to analyze the criminal liability of perpetrators and the legal protection for revenge porn victims in Indonesia under the Electronic Information and Transactions Law and the Sexual Violence Crime Law. The study employs a normative juridical method with a case study approach. Findings indicate that while the Electronic Information and Transactions Law can criminalize perpetrators, it falls short in addressing victims' psychological and social harm. The Sexual Violence Crime Law provides more comprehensive protection, including restitution and recovery services. However, implementation faces challenges such as societal stigma and a lack of gender-sensitive law enforcement. Thus, an integrated approach involving regulation, law enforcement, and public education is crucial to ensure holistic victim protection. In conclusion, the state must strengthen victim-centered legal implementation and consider immaterial impacts, while promoting prevention through legal reform and public awareness.
CIVIL LAW ASPECTS OF PROBLEMATIC DELIVERIES BY PT. POS INDONESIA CENTRAL JAKARTA BRANCH: A REVIEW OF LIABILITY AND DISPUTE RESOLUTION MECHANISMS Kusmaputri, Reta Indah; Sakti, Muthia
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.v7i2.1586

Abstract

This study aims to examine the legal responsibilities of PT. Pos Indonesia Central Jakarta Branch in protecting consumers, with a specific focus on cases of lost, damaged, and delayed deliveries. The research adopts a normative legal methodology to analyze customer complaints and return data from 2023, as well as to review relevant legal frameworks under the Consumer Protection Law and the Postal Services Law. Special attention is given to the case of YouTuber Artodipro, whose import of non-nicotine cigarettes in excess of legal limits resulted in customs seizure, highlighting the intersection of postal services and import regulations. The scope of this study encompasses the legal obligations of PT. Pos Indonesia Central Jakarta in handling consumer complaints, the effectiveness of existing complaint resolution mechanisms, and the regulatory environment governing import restrictions for non-nicotine products. The findings reveal that the top five customer complaints relate to shipment information issues, misdelivery, pre-collecting, pickup requests, and item returns. The study concludes that PT. Pos Indonesia Central Jakarta is legally liable for ensuring compliance with delivery agreements and for providing compensation in cases of delay, loss, or damage. However, current complaint resolution processes are underutilized, and there is a lack of regulatory clarity and consumer awareness regarding import restrictions. In conclusion, PT. Pos Indonesia Central Jakarta is recommended to enhance its tracking systems, increase transparency in complaint handling, and streamline return processes. The study also suggests updating importation regulations for non-nicotine products and improving consumer education on customs procedures to strengthen consumer protection and regulatory compliance.
LAW ENFORCEMENT AGAINST ILLEGAL MINERS Thamrin, Husni; Nursanthy, Aji Titin Roswitha; Thamrin, Muhammad Arganata
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.v7i2.1737

Abstract

Illegal mining refers to extraction or excavation activities carried out by individuals or companies without proper permits and without adhering to Good Mining Practices. Illegal mining is often conducted by communities using simple equipment, without licenses, and without environmental and safety considerations. It also involves financiers and traders. In certain cases, illegal mining is also carried out by companies. In this paper, the author uses a normative juridical approach. Due to this approach, this type of legal research is called normative legal research. Legal provisions, specifically Law No. 3 of 2020 concerning Amendments to Law No. 4 of 2009 on Mineral and Coal Mining, serve as primary legal sources. The author employs the library research method, which involves reviewing relevant books, magazines, journals, articles, and internet sources related to the discussed issue.
LEGAL RESPONSIBILITY FOR UNHYGIENIC PRACTICES AT SEC BOWL RESTAURANT Anshari, Abu Thalhah Al; Ratrisasi, Elizabeth Prima; Dewani, Maheswari Queena; Januarita, Shintia; Atmadja, Wilhelmina Setia
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.v7i2.1536

Abstract

One of the restaurants that announced the permanent closure of its restaurant branch in Kuningan Jakarta is the Sec Bowl restaurant. The Sec Bowl restaurant is allegedly permanently closed because of a video influencer named Codeblu. Real name William Anderson, he is known as a restaurant and food reviewer who has 14 million followers on TikTok. The content he often uploads is criticism or praise in the form of photos or videos of the food he has tried. Codeblu made a reaction video to a photo sent to him, which showed the condition of the toilet at Sec Bowl. In his video, the influencer said that the place was "very unhygienic" and "very inhumane". Codeblu also suspected that the rice bowl restaurant had violated many ethics and laws. This is certainly very detrimental to consumers. The video has received 62.4 thousand likes and has been shared 15.2 thousand times. The problem is how is the legal regulation of Standard Operating Procedures (SOP) to prevent unhygienic practices in restaurants? What is the legal accountability for unhygienic practices at the Sec Bowl restaurant? The research method used is normative juridical. The results of the study are legal regulations on Standard Operating Procedures (SOP) to prevent unhygienic practices in restaurants that in the case of the Sec Bowl restaurant does not have a Certificate of Hygiene Sanitation (LHS) as per the Regulation of the Minister of Health Number 2 of 2023 page 62 Number 6 point F and legal liability for unhygienic practices at the Sec Bowl restaurant, namely negligence tort liability. In addition, liability for unhygienic practices at the Sec Bowl restaurant can be in the form of compensation if a consumer experiences health problems caused by food from the restaurant.
THE EFFECTIVENESS OF THE KPK IN HANDLING MILITARY CORRUPTION CASES WITH THE GENERAL PUBLIC BASED ON LEGAL CERTAINTY Napitupulu, Marina Raisa T; Wijaya, Soma; Takariawan, Agus
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.v7i1.1595

Abstract

This research discusses how the KPK's authority in investigating corruption crimes when committed by the general public and members of the military and whether the KPK's authority as an investigator in handling corruption crimes committed by the general public and members of the military can be carried out effectively. By using normative research methods, this study found that the regulations relating to the investigation of corruption crimes committed by the general public and members of the military overlap and become very complex. So that to reduce this dynamics and complexity, it is necessary to be firm on several rules that have been regulated and promulgated.
JURIDICAL ANALYSIS OF THE RIGHT OF INQUIRY OF THE HOUSE OF REPRESENTATIVES IN PERFORMING THE SUPERVISORY FUNCTION ACCORDING TO INDONESIAN CONSTITUTIONAL LAW Riastri Haryani; Sumiyanto, Oki
Awang Long Law Review Vol. 6 No. 1 (2023): 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.v6i1.797

Abstract

The right of inquiry of the House of Representatives is a right to conduct an investigation owned by the House of Representatives that decides that the implementation of a law in government policies that is important, strategic, and has a wide impact on community life, the nation, and the state is allegedly contrary to legislation. The right of inquiry of the House relating to the exercise of the supervisory functions of the House is “an institutionalized system, involving the effectiveness and regularity of restrictions on government actions. In Indonesian constitutional practice, the right of inquiry is rarely implemented. Twice executed during the reign of the old order and twice executed during the reign of the new order. The use of the right of inquiry in the current presidential system shows a significant increase. This study uses normative juridical methods that are descriptive and analytical. Basically, the right of inquiry is a constitutional right of the DPR in the constitutional system as part of carrying out the function of supervision and balance of the executive. As a result of the legal application of the right of inquiry, the House of Representatives can exercise the right to express an opinion.
CONSTRUCTION OF ABORTION CRIMINAL PROVISIONS IN THE REFORM OF THE NATIONAL CRIMINAL CODE Munandar, M. Aris
Awang Long Law Review Vol. 6 No. 1 (2023): 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.v6i1.800

Abstract

The construction of criminal sanctions for perpetrators of the crime of abortion in Law of the Republic of Indonesia Number 1 Year 2023 concerning the Indonesian Criminal Code (Kitab Undang-Undang Hukum Pidana/KUHP) in general contains a change in perspective regarding abortion. The criminalization of abortion in the National Criminal Code is a form of reform in law enforcement for the crime of abortion. The method of research used in normative legal research. The result of research reduction in the threat of imprisonment in the National Criminal Code for abortion perpetrators indicates a moderation of criminal sanctions for perpetrators of criminal acts. This is very different from the spirit of the Law of the Republic of Indonesia Number 36 Year 2009 concerning health (the Health Law) in preventing abortion. This is because abortion is indeed a field of criminal health law, which expresses the verb is and should indeed be regulated in health law as a lex specialist. However, there are also efforts to benefit that are proposed in the National Criminal Code, namely by providing 14 (fourteen) weeks of pregnancy termination for women who wish to have an abortion either for medical indications or for the crime of rape or other criminal acts of sexual violence.
LAW ENFORCEMENT AGAINST CHILDREN WITH VIOLENCE Juhriati; Jufrin; Muhammad Amin
Awang Long Law Review Vol. 6 No. 1 (2023): 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.v6i1.816

Abstract

The purpose of this research is first to describe the implementation of law enforcement against child victims of intercourse accompanied by violence in the Bima Kota Police PPA Unit; second, to describe the obstacles in law enforcement against child victims of violent intercourse at the Bima Kota Police PPA Unit. Empirical legal research methods (non-doctrinal), case and policy approaches, using data collection, documentation, observation and interviews and integrating with literature review of legal documents relevant to the object under study, and analyzed descriptively. The results of the study show, First, the implementation of law enforcement against child victims of violent intercourse at the Bima City Police Unit PPA is in accordance with applicable laws and regulations using the Criminal Procedure Code and the SPPA, where at the investigation level it is carried out starting with an initial examination or interrogation of witnesses who can provide clues to the incident. Then a post mortem et review was carried out on the victim's child to identify injuries to physical violence. Then the crime scene was processed at the scene to confirm other clues. Second, obstacles in law enforcement against child victims of sexual intercourse, (1) Witnesses who are still children and find it difficult to communicate during the examination process. Especially if the key witness is a child who is still traumatized by the events he witnessed. (2) There were no witnesses who saw them directly and the witnesses did not want to come to provide information. (3) There were difficulties in uncovering the cause of death of the victim's child because in the jurisdiction of the Bima City Police there were no forensic experts so they had to carry out an autopsy at the Bayangkara Hospital in Mataram. (4) There is no expert psychologist witness accompanying the child witness in proving the quality of the testimony given by the child witness.

Page 35 of 50 | Total Record : 498

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