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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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SETTLEMENT OF LAND OWNERSHIP DISPUTES BETWEEN MM LACHINSKY AND NY CAECILIA Marshella, Evi; Arikha Saputra
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.v6i1.856

Abstract

The most fundamental thing about the modus operandi of violations in the implementation of Agrarian Law is the error in understanding, recognizing and applying the conversion of land rights from before and after the enactment of UUPA No. 5 of 1960. Apart from that, the worst thing is that there have been actions, among others, legalizing the mutation of documents with legal defects, the wrong application of the relevant law, changing the measuring papers to pictures of the situation and the mistakes of law enforcers and law enforcement. The results of this study indicate that the Basic Agrarian Law has never regulated that since the enactment of the Law, lands owned by citizens and foreigners have become land controlled by the State. Conversely, when the law is enacted, the old land rights must first apply the conversion provisions that are relevant to the position of the case, in this case are Article 1 paragraph (3), (4), (5) Provisions Conversion of UUPA and Article 12. These regulations are actually looser for foreign citizens who are being burdened with former rightsground lease. This concession and protection are explicitly or implicitly stated in these regulations, namely when there are obstacles for foreign nationals to obtain land conversion e.I dobecome property rights based on Article 1 paragraph (1) of the UUPA Conversion Provisions No. 5 of 1960, then article 1 paragraph (3) protects foreign ownership through conversion to building use rights referred to in article 35 paragraph (1) UUPA No. 5 of 1960. Whereas according to Article 36 paragraph (1) point a. Building use rights are forcitizen Indonesian only.
LEGAL REASONING OF THE JUDGE'S DECISION REGARDING GOVERNMENT PROCUREMENT CONTRACT GUARANTEE CLAIM A Malik, Djamil; Erwin, Yulias; Nurjannah Septyanun
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.v6i1.966

Abstract

The decision is a written legal text made by an authorized judge, and its legal product is categorized as a crown. However, despite being considered a crown, a judge's decision is not exempt from examination by legal scholars. The optics used in the examination process are based on various perspectives, including hermeneutics as the fundamental basis for interpreting the text (decision). Substantively, hermeneutics has three main streams of thought, namely as a theoretical (methodological), philosophical, and critical hermeneutics, each with different understandings. Hermeneutics as a method focuses more on the effort to capture and reveal the meaning of the text, while philosophical hermeneutics goes beyond that and emphasizes "capturing meaningful meaning," implying that the meaning of the text can be continuously produced through a dialectical process. On the other hand, critical hermeneutics focuses on the aspect of disclosing the meaning of the author's ideological interests. This research aims to examine the legal reasoning in Decision No. 272 / PDT.G / 2017 / PN.BDG regarding the Government Procurement Contract Guarantee Claim from the perspective of Hans Georg Gadamer's Hermeneutic Circle. The research type is normative doctrinal, using secondary data sources consisting of primary, secondary, and tertiary legal materials with a conceptual approach, statutory approach, and case study. The research findings suggest that the process of claiming a bank guarantee through the judicial institution can be carried out by the Procurement Committee (PPK) as long as they obtain authorization from the Budget User, who is the owner of the work (bouwheer). This is due to the hybrid nature of government procurement contracts, which distinguishes them from private contracts, and the clarity of the scope of authority of the Budget User serves as the establishment of formal justice, acting as a bridge (epistemology) toward substantive justice.
COMPARISON OF CIVIL INHERITANCE LAW AND TOBA BATAK TRADITIONAL INHERITANCE LAW REGARDING THOSE WHO ONLY HAVE DAUGHTERS AS HEIRS Sipahutar, Gracia Taruli Apriliani; Yunanto
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.v6i1.976

Abstract

This research aims to determine the position of daughters in the distribution of inheritance based on Toba Batak customary inheritance law. This research contains a comparison of the laws contained in the Civil Code with the Toba Batak Traditional Inheritance Law that lives in society. The research method was carried out in a normative juridical manner using a comparative legal approach. This research uses primary legal sources, namely Legislation and Customary Law. Meanwhile, secondary legal sources are obtained from literature studies using journals or other written research. This literature study also uses sources obtained via the internet, such as expert opinions in webinar videos. Based on research, there are differences in provisions in the Civil Code and the Toba Batak Traditional Inheritance Law. The division of inheritance in the Civil Code equalizes the position of women and men. Meanwhile, in the Toba Batak Traditional Inheritance Law, the position of men is still considered higher than women. This research also shows that there are traditional misunderstandings that cause discrimination against women. In the more traditional Toba Batak Customary Law, women also receive inheritance, but in a different form, for example pauseang.
JURIDICAL ANALYSIS OF REJECTION OF INKORTING BY TESTAMENTER HEIRS Hermawan, Firza Ayudya; Rahandy Rizky Prananda
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.v6i1.978

Abstract

The inheritance system that is enforced in Indonesia, among other things, is by using an inheritance system based on the Civil Code. This provision allows the deceased to bequeath his assets to ab intestato heirs or even to a third party by making a will or testament. Making a will allows the deceased to give some, a part, even all of their assets to other people, which opens the possibility of the absolute portion or Legitieme Portie being violated by the legitimatary heirs. In the event that the legal heirs object to the violation of the absolute portion, it is possible to reduce or inkorting the assets obtained by the testamentary heirs. This article aims to determine the position of a testament in an inheritance and whether or not a testamentary heir can rejected in the event of being decided to do inkorting using research using normative juridical methods. The conclusion obtained is that the position of the testament is considered higher because it is the final wish of the testator, but its application is still limited by Article 913 of the Civil Code. Meanwhile, incorruption cannot be rejected by the testamentary heirs, because the arrangements regarding the fulfillment of the legitieme portion are coercive. The conclusion obtained is that the position of the testament is considered higher because it is the final wish of the testator, but its application is still limited by Article 913 of the Civil Code. Meanwhile, incorruption cannot be rejected by the testamentary heirs, because the arrangements regarding the fulfillment of the legitieme portion are coercive. The conclusion obtained is that the position of the testament is considered higher because it is the final wish of the testator, but its application is still limited by Article 913 of the Civil Code. Meanwhile, incorruption cannot be rejected by the testamentary heirs, because the arrangements regarding the fulfillment of the legitieme portion are coercive.
VALIDITY OF TERMINATION OF EMPLOYMENT BY EMPLOYERS TO WORKERS DUE TO PROBLEMS ONLINE LOAN BILLING Clarisa Permata Hariono Putri; Cindy Cornelia Kurniawan
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.v6i1.981

Abstract

Currently, workers are being terminated due to problems because online loan collection has occurred. This research aims to analyze the legality of termination of employment by employers against workers because of loan collection problems online from a labor law perspective. Research on this law is normative legal research with two approaches, namely statutory and conceptual approaches. Research results concluded that the termination of employment was due to problems with online loan collection can be declared legally valid if meets all three cumulative requirements to qualify for the cause termination of employment due to appropriate labor violations of Article 154 A paragraph (1) letter k Act on Concerning Manpower jo. Act on Job Creation.
DEVELOPMENT OF REGULATIONS ON VOTING RIGHTS PEOPLE WITH MENTAL DISORDERS POST-CONSTITUTIONAL COURT RULING APPLIED Oktari, Tanti
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.v6i1.982

Abstract

This research only focuses on the regulation of the right to vote in general elections, whether at the national or regional level, for people with mental disorders. The general paradigm is very varied regarding the mental condition of people with mental disorders. There is a crucial ambiguity regarding the intellectual capacity of people with mental disorders. The effect of the debate concerns granting them the right to vote as a constitutional right. This research aims to explore further the legal politics of regulating the right to vote for people with mental disorders in Indonesia. The research method used is normative legal research with a statutory and comparative approach. The results of this research show that people with mental disorders are subjects who are excluded from being granted the right to vote. This is confirmed in Article 57 paragraph (3) letter a of Law Number 8 of 2015. The meaning of this provision has shifted after Constitutional Court Decision Number 135/PUU-XIII/2015. Restrictions are granted only in cases of mental disorders and/or permanent memory according to mental health professionals who have lost the ability to choose. The ratio decidendi which is the argument is that the condition of people with mental and/or memory disorders is not permanent enough to eliminate their intellectual capacity to choose. As a result, people with mental disorders can participate in voting in national or regional elections as long as they are not declared by mental health professionals to be incompetent to vote.
POLEMIC OF THE CRIMINAL CODE BILL FROM THE PERSPECTIVE OF ADVOCATES Soekasah, Siti Sakina
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.v6i1.985

Abstract

Indonesia's existing Criminal Code (KUHP), a remnant from the Dutch East Indies colonial era, is regarded as outdated and disconnected from current societal realities. This has spurred the Indonesian Government to initiate a comprehensive update of the criminal provisions via the Draft Criminal Code (RUU KUHP), which has been in the making for several decades. The RUU KUHP aims to accommodate the evolving needs of the nation's criminal law system. However, this endeavour has sparked controversy, particularly regarding Articles 282 and 515 of the RUU KUHP, which are viewed as discrediting Advocates as independent enforcers of the law. These articles are claimed to be at odds with the Advocate Act, the lex specialis of the RUU KUHP, raising concerns about the potential impact on the professional status of Advocates. Moreover, Article 281 of the RUU KUHP has raised alarms due to its potential as a 'rubber article', susceptible to multiple interpretations, which could undermine the principle of legal certainty. This normative-juridical study utilises a descriptive-analytical methodology to analyse these contentious aspects of the RUU KUHP. It concludes that the provisions regarding Advocates conflict with the Advocate Act, and the ambiguity in Article 281 raise the risk of misuse and legal uncertainty. While the RUU KUHP signifies a crucial effort towards modernising the nation's criminal law system, these issues must be addressed to ensure its credibility and effectiveness.
ASPECTS THAT INFLUENCE THE QUALITY OF PUBLIC SERVICES FOR PERSONS WITH DISABILITIES IN OBTAINING HUMAN RIGHTS IN INDONESIA Utami, Angelina Yusi; Arvianti, Eri Yusnita; Rifai, Muhamad
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.v6i1.987

Abstract

Public service quality is a public service provided by organizations to serve the needs of people in Indonesia, including people with disabilities. The aim of this research is to identify aspects that influence the quality of public services for people with disabilities in obtaining human rights. The research method used in this article is a literature study by summarizing and examining the extent to which previous studies analyzed phenomena among people with disabilities in achieving human rights and analyzed them comparatively into scientific works. The results of this writing show that the aspects that are a problem are the lack of adequate public services for people with disabilities. Often their rights and obligations are not fulfilled due to various aspects, namely lack of access to information, families closing themselves off so that data is not obtained by the government, being a source of mercy or being used by certain individuals to become beggars and the absence of socialization about people with disabilities to the general public.
ERADICATION OF CRIMINAL ACTS OF CORRUPTION TOWARDS DIRECTORS OF COMMANDITAIRE VENNOOTSCHAP WHO PERFORM CRIMINAL ACTS OF CORRUPTION Sibghatullah BW, As'ad Djaelani
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.v6i1.988

Abstract

This study aims to determine and to qualify criminal acts of corruption within article 2 and article 3 of Law Number 31 Year 1999 On Eradication of Criminal Acts of Corruption, and to determine the application of material criminal law and legal considerations by the judges in deciding the verdict The statute approach, which examines laws that are related to research problems, is the approach used in this normative research. In addition to the statue approach, the author also carries out a case approach, which means that this research is complemented by a review of the judge's considerations in the decision. The primary and secondary materials obtained were then analyzed descriptively to then be presented qualitatively. This research concluded that: 1) Article 2 and Article 3 of the Law of 1999 has several differences. One of the differences can be found on the subject. Article 2 applies to anyone who commits the act and Article 3 applies to anyone with a "post or position" who abuses the authority in committing the act. This means the subject of Article 3 only refers to Civil Servants; and 2) the application of material law against the CV Director who committed the criminal act of corruption is improper due to the facts that the defendant as a CV director is not considered as a Civil Servant and the judge consideration sentenced the defendant with subsidiary indictment ( Article 3) because according to the judges his action fulfills the materials of the article.
DIGITAL BANK LEGAL CHALLENGES: SECURITY PROTECTION AND LEAKAGE OF CUSTOMER PERSONAL DATA Sasea, Enny Martha; Sakmaf, Marius Suprianto
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.v6i1.989

Abstract

Technology and digitalization are growing and affecting various economic and industrial fields, one of which is banking industry. The presence of technology and the phenomenon of digitalization has directed this industry to a digital transformation process through digital banking. Digital banking was developed to serve customers faster, easier, and in accordance with customer experience, itcan be done completely independently by customers while still paying attention to security aspects through optimizing digital technology systems. The presence of lifestyle integration, automation in banking services is an important aspect that needs attention. Security and customer trust are important for banks, socustomers trust banks as a one-stop service for their financial needs. However, the problem faced in the digital banking era is how fardigital banking can be done by improving the quality of service to customers while paying attention and without compromising transaction security. In addition, there are cyber security issues related to consumer data protection, which until now do not have special regulations to provide legal certainty. The urgency of consumer protection for digital banking services will be assessed using legal research methods with a doctrinal approach contained in primary and secondary legal materials. The purpose of this study is to examine and analyze the developments and legal challenges of digital banking consumer protection in Indonesia. Basically digital banking in Indonesia has regulations but only limited to two things, namely digital banking services and regulations regarding the legal status of the existence of digital banks in Indonesia. For digital banking services, it is regulated in POJK No.12/ POJK.03/2018. Meanwhile, the legal status of the existence of digital banks in Indonesia is regulated in POJK No.12/POJK.03/2021. The challenge of implementing digital banking includes 6 (six) aspects, one of which is customer protection of personal data and the risk of data leakage that does not yet have specific regulations governing it. The principle of effective customer protection in banking law is for common goals and can be implemented, so that each banks can serve and protect customers better without harming other parties.

Page 36 of 50 | Total Record : 498

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