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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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APPLICATION OF LEGAL RULES RELATED TO DEVIANT SEXUAL BEHAVIOR (EXHIBITIONISM) Muhammad Faudzi Ahsani; Musakkir; Heriani, Wiwie
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.v6i1.1008

Abstract

This study aims to examine and analyze the phenomenon of the birth of deviant sexual behavior exhibitionism and examine and analyze the application of legal rules related to deviant sexual behavior exhibitionism. The results showed that The application of laws related to exhibitionism may use the offenses of Article 281 of the Criminal Code, Article 10, and Article 36 of the Pornography Law. The judge has the right to determine whether the defendant's actions can be accounted for or not, whether his soul is sick or not, and can be convicted or not. If the panel of judges believes that the defendant is incapable of responsibility and is convicted, then the defendant is free from punishment but is ordered to be treated in a mental hospital. In determining whether the defendant can be responsible or not, the judge usually asks for the help of a psychiatric expert to examine the condition of the defendant, which is commonly referred to as an expert witness in the trial as evidence listed in Article 184 paragraph (1) of the Code of Criminal Procedure.
JUSTICE MODERNIZATION IN THE DIGITAL DIVIDE OF INDONESIAN SOCIETY: A CHALLENGE Angin, Gracious Kesuma Prinstama Perangin; Nurlaily; Seroja, Triana Dewi
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.v6i1.1009

Abstract

As a developing country, Indonesia must keep abreast of and adapt to the dynamics that occur in the digital era. The government must make every effort to utilize information technology in implementing existing public policies. The Supreme Court of the Republic of Indonesia as a judicial institution that has direct contact with justice seekers has required technology-based legal services using e-court applications. The digital divide in Indonesia will greatly affect the ability of the people themselves to obtain their rights at the Indonesian judiciary. This study aims to examine whether the issuance of a judicial modernization legal policy is an appropriate law in the digital divide of Indonesian society. The method of this research uses qualitative methods based on in-depth observations of legal norms. Modernizing justice through the use of electronic applications this Indonesian society is a challenge for the government as a policymaker. This is because certain people still need assistance within their limitations in the digital world to face modern justice.
JUDICIAL REVIEW OF PERPETRATORS REGARDING CRIMES OF VIOLENCE IN THE FAMILY Simanjuntak, Immanuel; Sari Br Malau, Eka Agustina; Lase, Severtianus; Sagala, Christian Raja Adi Negara; Agus , Azwir
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.v6i1.1010

Abstract

Domestic Violence (KDRT) is a problem related to violence that often occurs in households and enters into issues regarding Human Rights (HAM). know the form of criminal responsibility towards the perpetrators of cases of criminal acts of violence in the family, as well as the views of judges on this matter. The normative research method with a qualitative approach is used in this study. Criminal responsibility for the perpetrators of the decision Number 2138/Pid,sus/2019/PN.Mdn that the perpetrators based on the crime that the perpetrators committed violated Article 44 paragraph 1 (one) of Law No.23 of 2004 concerning the Elimination of Domestic Violence, where in this case the perpetrator is asked for criminal responsibility as a legal subject.
THE ACT OF SALE OF A POSTPARTUM CHILD BY THE CHILD’S BIRTH MOTHER Thamrin, Muhammad Arganata; Ismail, Affero
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.v6i1.1011

Abstract

Children are the next generation and determinants of the future of the nation as well as a mirror of life attitudes in the future. Therefore, they need to get the opportunity to grow and develop their physical need, mental and social skill properly. However, sometimes they face serious problem such as getting pregnant out of wedlock when they are 13 years old. The problem occurs because of something undesirable and for that reason they are not ready to become parents. Thus, they commit acts of minor trafficking that are contrary to the provisions of the article 76f juncto Article 83 of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. Minor trafficking is a crime that violates human rights, whose perpetrators are not only adults but also children and most of them are victims of criminal acts. The minors who commited criminal acts need to be taken seriously and their criminal liability is different from adults. Therefore, the minors who are in conflict with the law still get specifically protection regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System.
CARBON TAX AND ITS EFFECT ON THE ECONOMY, TAXES AND ENVIRONMENT Emelia Retno Kadarukmi, Maria
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.v6i1.1013

Abstract

This research discusses theoretically the relationship between carbon tax with economy, tax and environment. This research is a legal research with analytical descriptive nature, namely research that analyzes secondary data on issues related to carbon taxes as an instrument for reducing carbon dioxide emissions. According to secondary data, this research is aimed at discovering aspects of carbon tax design, collection of carbon taxes, and state management of carbon tax revenues. Carbon taxes are an effective and efficient instrument to support the reduction of carbon dioxide emissions. To be implemented, a carbon tax must be feasible. Eligibility requires public acceptance. On the other hand, a carbon tax can create a lot of controversy. The main argument against carbon taxes is that carbon taxes do not always guarantee emission reductions. In addition, there are also concerns over the unintended effects of competitiveness, carbon leakage, and fears of unintended distributional impacts, which could be barriers to implementation.
CRIMINAL OFFENSES ARE IN CERTAIN AREAS OF THE AIRPORT WITHOUT PERMISSION FROM THE AIRPORT AUTHORITY Timbonga, Yotham Th.
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.v6i1.1014

Abstract

Only sometimes flights can be carried out well according to the rules because bad things still happen during their implementation. Aware that undesirable things are still happening at airports, anyone is prohibited from being at the airport without permission from the authorized official; this is in line with the contents of Article 210 of Law Number 1 of 2009 concerning Aviation. This research determines the elements of material offenses for criminal acts of being in certain areas at the airport without permission from the airport authority (study Decision Number 725/Pid.B/2020/PN.Sda). This research uses normative legal analysis with a case and statutory approach. The research materials consist of primary legal materials, namely statutory regulations and judge's decisions. The conclusion in this research is that the material offense element of a criminal act is in a particular area at the airport without permission from the airport authority in Decision Number 725/Pid.B/2020/PN Sda, which is correct because it fulfills the elements in Article 421 paragraph 91) Law Number 1 concerning Aviation, the material aspects of which consist of Any person who is in a particular area at the airport, without obtaining permission from the airport authority as intended in Article 210.
LEGAL RELATIONS IN THE USAGE OF LETTER OF VALUE AND BANKING INSTRUMENTS AS A MEANS OF PAYMENT Chamdani; Indradjaja, Nobella; Sonny Wijaya
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.v6i1.1015

Abstract

In order to facilitate transactions, the banking sector determines several forms of payments, such as in real money, paper based and e-money. As a form of payment and receivable account, paper money holds function equivalent to real money, which are authenticated in negotiable instruments. The usage of negotiable instruments and the cashing are regulated in several agreements between the two parties, which are also involve another party like Bank Indonesia or the affiliates. This research is conducted with the intention of observing the forms and systems of payment using Securities and Banking Notes, as well as how the legal relationship between the issuer of securities and the holder of securities. Normative legal research methods is used to find the basis, principles and doctrines of law as an effort to overcome the legal issues that are the focus of research. Although, in such a contract, the legal basis of law is needed since negotiable instruments are often used as a payable form in several transactions which affects in ownership changes. Thus, for these cases, there are four theories that can be used: Creatief Theories, Vertoning Theories, Overeenkomst Theories, and Redelijkhesdist Theories. The issuance of SBPU is done to regulate the rate of demand deposits that replace the function of money, SB also holds a function as a letter that guarantees the receivables and obligations of the party who has a debt.
COLLECTION OF MONEY OR GOODS: LEGAL CERTAINTY and STATE RESPONSIBILITY Bango, Fikran S; Naswar; Sapiddin, Andi Syahwiah A.
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.v6i1.1016

Abstract

This research aims to analyze the legal certainty of collecting money or goods in the midst of society, as well as what is the responsibility of the state that must be carried out in accordance with regulatory provisions. The type of research used is Normative Empirical legal research. The results obtained through literature studies and empirical data are then analyzed by the Normative Empirical method. The results showed that: 1). Legal certainty for the collection of money and goods in the community and the responsibility of the state which is tasked with overseeing the development of the collection of money and goods in Indonesia. 2) The fact of the development of philanthropic institutions in Indonesia is reviewed in the concept of philanthropy in Indonesia. Then the process of collecting money and goods must be in line with regulations.
JURIDICAL ANALYSIS OF THE CRIME OF MALTREATMENT RESULTING IN SERIOUS INJURY Alice; Bonggoibo
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.v6i1.1017

Abstract

Persecution is a crime committed by intentionally damaging the health of another person resulting in injury or pain to a person's body, this persecution is also usually carried out because of a grudge or feeling humiliated by others persecution. the problem of persecution and the Judges' Legal Considerations in imposing crimes against perpetrators of persecution in the Manokwari District Court Decision No. 149/Pid.B.2021.PN.MNK. The purpose of this research is to find out the provisions referred to in the crime of maltreatment of serious injury and to find out the application of criminal sanctions against victims of maltreatment causing serious injury with case number 149/Pid.B.2021.PN.MNK). The method of analysis and the data obtained are analyzed qualitatively, namely the analysis carried out by understanding and assembling legal materials related to the problems that have been collected descriptively so that an overview of the problem under study can be obtained, then the legal material is presented systematically and then legal interpretation is carried out.
IMPLEMENTATION STRATEGY OF STREET VENDORS ARRANGEMENT POLICY Nugraha, Dhion Fasesa
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.v6i1.1018

Abstract

The existence of street vendors (PKL) as one of the informal sectors that is recognized as having advantages compared to other sectors but the fact that the existence of street vendors (PKL) creates new problems such as traffic chaos and loss of the beauty of the city. This research aims at the implementation strategy of Street Vendor structuring policy in the Kadipaten Market of Majalengka Regency, knowing the factors that support or hinder the implementation of local government policies towards Street Vendors in the Kadipaten Market of Majalengka Regency and efforts in the Strategy for implementing the Street Vendor stage policy in the Majalengka Regency Duchy Market. The type of research used is the type of qualitative descriptive research. The informants in this study were the main informants, namely 2 Koperindag employees, the key informants, namely 5 Street Vendors (PKL) and supporting informants, namely 2 communities. Based on the results of the research conducted, the implementation of local government policies towards Street Vendors (PKL) in the Kadipaten Market of Majalengka Regency is still not fully in accordance with Regional Regulation No. 11 of 2010 concerning the arrangement of Street Vendors (PKL) in Majalengka Regency or in other words unsuccessful implementation. This is caused by several problems such as a less strategic place, lack of funds, the adaptation of a new place that emerged that made Street Vendors (PKL) choose to sell again was in the Kadipaten Market of Majalengka Regency, a less strategic place. Efforts in the implementation strategy include human resources, non-human resources, bureaucracy and cooperation.

Page 38 of 50 | Total Record : 498

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