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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 347 Documents
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DUE TO THE LEGAL UNDERSTANDING OF PRIVATE Universities IN THE SHADOW OF DIFFERENT FOUNDATIONS (STUDY OF UNIVERSATION OF HEALTHY SOLAR AKBID INTO DR SOETOMO UNIVERSITY SURABAYA) Bachrul Amiq; M. Yustino Aribawa; Sri Astutik
Awang Long Law Review Vol. 4 No. 2 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (238.653 KB) | DOI: 10.56301/awl.v4i2.459

Abstract

The large number of private universities in Indonesia creates a quality gap. The unification of private universities is a solution to improve the quality of private higher education. One of the successful ones is the Surya Sehat Midwifery Academy Surabaya with Dr Soetomo University Surabaya. However, the unification process still needs to be examined more deeply about the basic considerations for the unification between the two private universities and the legal consequences of the unification. The unification of the Surya Sehat Midwifery Academy with Dr Soetomo University resulted in the loss of the Surya Sehat Midwifery Academy in the higher education database and merged into Dr Soetomo University into a midwifery study program at the health sciences faculty. which is quite long, namely three years, causing legal uncertainty in the field. This should not need to happen if the government, in this case the Ministry of Education and Culture, applies a Standard Operating Procedure (SOP) for licensing and furthermore to avoid service barriers for alumni of the Surya Sehat Midwifery Academy Surabaya, it is necessary to include alumni data in the health sciences faculty database so that it is physically integrated. as well as virtually.
SETTLEMENT OF MEDICAL DISPUTES THROUGH THE FORUM OF THE INDONESIAN MEDICAL DISCIPLINE HONORY ASSEMBLY (MKDKI) BASED ON THE PROVISIONS OF ARTICLE 66 OF LAW NUMBER 29 OF 2004 CONCERNING MEDICAL PRACTICE Dwi Atmoko
Awang Long Law Review Vol. 4 No. 2 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (237.409 KB) | DOI: 10.56301/awl.v4i2.467

Abstract

Doctors are one of the professions that get the public spotlight, because the nature of their service to the community is very complex. Lately, many people have been highlighting the performance of doctors, both the spotlight delivered directly to the Indonesian Doctors Association (IDI) as the parent organization of doctors, and broadcast through print and electronic media. Disputes between doctors and patients often arise because of the inharmonious relationship between doctors or hospitals and patients. Health disputes that begin with a gap in perceptions and interests between patients and health service providers (doctors and/or hospitals) often lead to legal settlements. There are several ways that patients can choose to solve their problems, one of which refers to Article 66 of Law Number 29 of 2004 concerning Medical Practice. In this study, the author uses a normative legal research method. In addition to using the normative legal method, the author also uses a legal approach and a concept approach in order to provide answers to the problems studied. The results showed that the Indonesian Medical Discipline Honorary Council (MKDKI) was the institution authorized to determine whether there were errors made by doctors and dentists in the application of medical and dental disciplines, and to impose sanctions. The procedure for complaints as referred to in Article 66 of Law Number 29 of 2009 concerning Medical Practice is carried out by MKDKI based on Indonesian Medical Council Regulation No. 16/KKI/PER/VIII/2006 concerning Procedures for Handling Cases of Alleged Violations of Discipline of Doctors and Dentists which has undergone several changes, including the Regulation of the Indonesian Medical Council Number 20 of 2014 concerning Procedures for Handling Cases of Alleged Violations of Discipline of Doctors and Dentists and Regulations Indonesian Medical Council Number 50 of 2017 concerning Procedures for Handling Discipline Complaints for Doctors and Dentists. The procedure for the complaint in question is to make a complaint, establish a Preliminary Examination Council, establish a Disciplinary Examination Council and finally prove.
LEGAL ASPECTS OF DIRECT APPOINTMENT OF PROCUREMENT OF MATERIALS FOR THE ELECTION CAMPAIGN OF THE REGENCY OF THE REGENT AND THE DEPUTY REGENT IN MALINAU IN 2015 Esti Royani; Rini Iriani
Awang Long Law Review Vol. 4 No. 2 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (219.325 KB) | DOI: 10.56301/awl.v4i2.470

Abstract

The purpose of this study is to find out and analyze the arrangements regarding the procurement of campaign materials, when tenders generally fail to be carried out and to analyze direct appointments in the procurement of campaign materials for the election of the Regent and Deputy Regent in Malinau in 2015 has met the general principles of good governance. Elections for Regional Heads and Deputy Regional Heads which are currently being held through simultaneous regional elections in 2015 have changed the face of implementing democracy at the regional level. By directly electing regional leaders, the people are given the opportunity to determine who is the policy maker in their region, at the same time every citizen is given the right to run as a policy maker. In this study, the researcher used a juridical-normative approach by analyzing legal principles in which the researcher tried to focus on legal studies and their prevailing principles in society and then described the existing phenomena and analyzed them systematically. The results of this research show that the Malinau KPU has conducted two bidding but failed, so direct appointment was made, this action has met the principles and norms of the prevailing law.
RESPONSIBILITY OF THE WORLD HEALTH ORGANIZATION IN DEALING WITH THE COVID-19 OUTBREAK ACCORDING TO INTERNATIONAL LAW VIYANI ANNISA PERMATASARI; ABDUL MAASBA MAGASSING; IIN KARITA SAKHARINA
Awang Long Law Review Vol. 4 No. 2 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (369.072 KB)

Abstract

This research aims to analyze WHO's responsibility in overcoming the Covid-19 pandemic according to International Law and analyze the form of international cooperation in overcoming the Covid-19 pandemic. The study uses normative juridical research with statute and case approaches are used in this paper. The legal research materials are international conventions, legal literature, international and national law journals, and legal research materials from the internet. The results showed that WHO in the pandemic era was morally responsible. Through the socialization of health protocols by international standards, campaigning for a healthy lifestyle, good sanitation, and distribution of vaccines. The distribution of vaccines has not been amply enjoyed evenly, especially in developing countries. Some countries are affected by inequality in distributing vaccines by developed countries. Thus, international cooperation between states or a state and World Health Organization (WHO) has not achieved vaccination equality. One country that should be responsible for the losses to countries around the world is Tiongkok, as the origin of the pandemic Covid-19. According to the principles of international law, a sovereign state cannot be put on trial by another state with the same status. Furthermore, the responsibility that can hold for Tiongkok is in the form of an apology statement to the international community and conducting an in-depth investigation of the origin of the Coronavirus first appeared.
THE APPLICATION OF ACCOUNTABILITY PRINCIPLES IN THE PROVISION OF FREE EDUCATION IN GOWA REGENCY RATIH ISTIQOMAH RAUF; HAMZAH HALIM; HASBIR PASERANGI
Awang Long Law Review Vol. 4 No. 2 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (340.803 KB)

Abstract

The purpose of writing this paper is to analyze the principle of accountability in the provision of free education Gowa Regency Regulation Number 4 of 2008 and Gowa Regency Regional Regulation Number 9 of 2013. This study uses a sociojuridical research type, using a statutory approach and a conceptual approach. The data used are primary data and secondary data obtained through interviews and literature study, the data collected is then analyzed qualitatively. The results of the study indicate that the principle of accountability as one of the main principles of good governance has been implemented by the Gowa Regional Government in providing free education in Gowa Regency. This is evidenced by the existence of the Gowa Regency Regional Regulation Number 4 Year 2008 concerning Free Education and the Gowa Regency Regional Regulation Number 9 Year 2013 concerning Amendments to the Gowa Regency Regulation Number 10 Year 2009 concerning the Compulsory Education Program, the two provisions of the legislation in the form of Regional regulations and Regent's Regulations have become a guarantee of accountability for the provision of free education in Gowa Regency.
THE EFFECTIVENESS OF PROGRAM IMPLEMENTATION IN REGIONAL REGULATIONS CONCERNING REGIONAL HEALTH INSURANCE PLUS IVA YULIANINGSI BAHAR; MARTHEN ARIE; SABIR ALWY
Awang Long Law Review Vol. 4 No. 2 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (336.811 KB)

Abstract

The purpose this paper is to analyze the effectiveness of the implementation of the program in the regional regulation on regional health insurance plus in Sinjai Regency. This study uses an empirical legal research type, using a statutory approach and a conceptual approach. The data used are primary data and secondary data obtained through interviews and literature study, the data collected is then analyzed qualitatively. The results showed that the implementation of the program in the regional regulation on regional health insurance plus in Sinjai Regency was effective. In the context of implementing government affairs in the health sector in Sinjai Regency, in the context of implementing government affairs in the health sector in Sinjai Regency, statistics show that in 2021, there will be 9.77 percent of morbidity rates. Then, in terms of health care facilities, it can be seen that in 2021 in Sinjai Regency, there will be 1 hospital, 0 maternity homes, 16 community health centers with 10 ordinary categories, 5 remote categories, 1.88 very remote categories. community health assistants with the usual category of 0 mobile community health centers, 364 posyandu and 59 supporting public health center (puskesmas pembantu/pustu) and Poskesdes as many as 13. Furthermore, regarding the sociological conditions in the administration of health affairs in Sinjai Regency, related to infectious disease sufferers in 2021, it can be seen that based on the classification of the 10 most common types of disease, there were 9048 cases of hypertension, 6,509 cases of dyspepsia, 4,203 acute respiratory infection, 3599 dermatitis and eczema, 3381 cases of myalgia, 2459 cases of fever with unknown cause, and 2072 cases of cephalgia. Common cold as many as 1871 cases, caugh/cough in 1850 cases, and non-specific diabetes mellitus in 1845 cases. However, home care and home visit service programs, public safety center 119, one-stop outlets, and patient shelters have made it possible to handle it properly.
NOTARY'S ROLE AND AUTHORITY IN THE BUSINESS ENTITY TRANSFER OF THE FIRM INTO LIMITED COMPANY Gunawan, Maria Febriana Widya; Putra, Mohamad Fajri Mekka
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (389.742 KB) | DOI: 10.56301/awl.v5i1.528

Abstract

This study investigates a notary's function in transferring a Business Entity. This study, which is analytical and descriptive, was conducted using a qualitative research design and is disseminated as a descriptive scientific paper. The statutory and conceptual approaches are used in this research's approach to the issue. Changing a Firm's legal structure to become a Limited Company heavily relies on a notary. The creation of authentic deeds for a variety of deeds, agreements, and stipulations, including the deed establishing a company, is permitted by a notary. Notaries have an essential role in researching the completeness of the files and the number of assets owned by the Firm that will be converted into a Limited Company. As is common knowledge, a Firm Partnership is a business alliance formed by two or more individuals using the same name.
THE NOTARY ROLE IN THE IMPLEMENTATION OF A PAWN PAYMENT AGREEMENT ACCORDING TO HABITS OR TRADITION (GA'DE DAE) IN PUKDALE VILLAGE, KUPANG REGENCY, NTT Risandy, Jelian Isra; Putra, Mohamad Fajri Mekka
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (365.418 KB) | DOI: 10.56301/awl.v5i1.529

Abstract

The implementation of traditional pawn agreements is usually carried out by indigenous groups in several remote areas in Indonesia. An example of the traditional pawn that still exists today is the traditional pawn carried out by the community in Pukdale Village, East Kupang District, Kupang Regency. The community or the parties who make this pawn agreement, should have started to involve a notary in the pawn agreement process, so that it can provide legal certainty guarantees and have perfect power of proof in accordance with the mandate of the law. The research problems in this study are regarding the Urgency of the Role of the Notary in the Pawn Agreement Process according to habit or tradition (Ga'de Dae) in Pukdale Village, Kupang Regency, NTT and the Implementation of the Notary Deed in the Pawn Agreement. The research typology used is exploratory design, and the form of research is Juridical Empirical. While the data analysis method used is a qualitative approach method. The results of the study indicate that the role of the Notary in a Pawn Agreement is indeed very necessary to ensure the strength of the Proof of the Pawn. One of the factors for the occurrence of conflicts or defaults carried out by the parties in the pawn is due to the absence of an authentic deed that can provide separate protection for the parties. The implementation of the Notary Deed in the Pawn Agreement must continue to pay attention to the provisions of the existing legislation, so that the authenticity of the deed is guaranteed. A notary as a public official who makes an authentic deed is responsible for his actions in connection with his work in making the deed.
ANALYSIS OF THE CHARACTERISTICS OF FINANCIAL RISK IN CONTRACT WITH THE PRINCIPLE OF PROFIT-SHARING IN SHARIA BANKING Bakti, Fauzia P; Achmad; Rifai, Aulia
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (379.39 KB) | DOI: 10.56301/awl.v5i1.530

Abstract

Risk is a loss born as a result of a specific condition. Islamic banking, a financial institution that bases its operational activities on Islamic law, cannot be separated from risks. This risk can threaten operational continuity, the worst consequence of which can be closure because it cannot operate. Mudharabah and musyarakah contracts are contracts with the principle of profit-sharing. At the beginning of the operation of Islamic banking were the mainstay products to eliminate the interest system practiced in conventional banking. Musyarakah and musyarabah contracts are very strategic products to help advance the people's economy by distributing funds for the trade and industry sectors. Lately, musyarakah and mudharabah contracts have not become the leading service. Banking services are more on consumptive contracts such as murabahah, ijarah, Qardh, and others. The high-risk character attached to the profit-sharing contract triggers the unpopularity of this contract in Islamic banking services. This paper is intended to describe the characteristics of contract risk with the principle of profit-sharing and the identification of potential risks that accompany it. Therefore, it makes it easier for interested parties to undertake risk management efforts. In contrast, they continue to ensure whether these efforts run according to sharia.
LEGAL PROTECTION AGAINST VICTIMS OF DOMESTIC VIOLENCE IN UNREGISTERED MARRIAGES Nurdin, Muhammad Farid; Karim, Muhammad Said; Heryani, Wiwie
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (330.604 KB) | DOI: 10.56301/awl.v5i1.531

Abstract

This study purposes to analyze Law No. 23 Year 2004 in providing legal protection to victims of domestic violence against marriages that are not registered at the Office of Religious Affairs. The research is normative-legal research, using the statute approach, conceptual approach, and case approach. The legal materials used are primary legal materials and secondary legal materials. The collected legal materials are then analyzed qualitatively. The results of the study indicate that the law affirms that every citizen has the right to obtain legal protection, including victims of domestic violence. Law No. 23 Year 2004 concerning the elimination of domestic violence was then present to provide legal certainty related to legal protection in the event of domestic violence, the violence is both physical and psychological violence, the government then makes regulations related to protection schemes if it occurs violence starts from the protection of the police, social services, and courts. Especially for unregistered marriages, they can still get legal protection based on Law No. 23 Year 2004 if it can be proven that it is true that a marriage has occurred and lives in the same household.

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