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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 OF THE RIGHTS OF WOMEN WORKERS Susanti, Depi; Abas, Muhamad; Sadjat, Rizki
Awang Long Law Review Vol. 6 No. 2 (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.v6i2.1188

Abstract

Female workers are part of the workforce who carry out work, either for themselves or working in an employment relationship or under orders from employers or other legal entities. The reasons why women enter the world of work include the increasing need and the desire to qualify themselves with the abilities they have. The problem is how the legal protection for the rights of female workers is seen from Law Number 6 of 2023 concerning Job Creation and what are the obstacles in providing legal protection for female workers. Qualitative Research Method using the Normative Juridical approach method. The results of the research are that protection for women in the Job Creation Law is not specifically detailed, but in general the Job Creation Law mentions worker protection without discrimination as stated in Article 153 which was amended from Article 153 of the Manpower Law, in relation to protection of female workers at PT. Indo Marco Logistic includes 1) Protection of Female Workers regarding Menstrual Leave 2) Protection of the Right to Pregnancy and Childbirth Leave 3) Protection of the Right to Breastfeed 4) Protection of Female Workers Overtime and Barriers in Providing Legal Protection to Female Workers including 1) salary inequality between male and female workers who have the same responsibilities and qualifications. The work performed is similar, but the wages received by female workers are lower than their male counterparts. This is a violation of basic rights that must be corrected immediately. 2) Female workers often face discrimination during pregnancy. They are given the same workload without considering their physical and emotional condition. Maternity and paternity leave policies that should provide adequate rest are often ignored. 3) Companies employ female workers late at night without paying attention to health and safety risks. Female workers who are pregnant or have just given birth are prohibited from working from 23.00 to 07.00, but this rule is often ignored.
THE EFFECTS OF MIXED MARRIAGE LAWS ON THE DIVISION OF PROPERTY UNDER THE MARRIAGE LAW AND INTERNATIONAL CIVIL PRINCIPLES Sidabutar, Octaviana; Amalia, Lia; Abas, Muhamad
Awang Long Law Review Vol. 6 No. 2 (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.v6i2.1189

Abstract

Blended marriage alludes to a marriage connection between people of various identities. This outcomes in legitimate ramifications in regards to the division of joint resources. This exploration expects to investigate comprehension of blended relationships as per Regulation Number 1 of 1974 concerning Marriage and according to the viewpoint of global confidential regulation, as well as the lawful results of partitioning joint resources in blended relationships. By utilizing optional legitimate sources, this exploration utilizes a Standardizing Juridical examination technique, in particular by checking out at speculations, legal guidelines and case regulation. As per Marriage Regulation Number 1 of 1974, blended relationships happen on the off chance that one accomplice is an Indonesian resident and the other isn't. This happens when two individuals whose regulations are not quite the same as Indonesian regulation wed in Indonesia. With regards to the authorization of the Marriage Regulation, there are two sorts of conjugal resources, in particular acquired resources (individual resources) and joint resources. All in all, blended relationships are managed in Regulation Number 1974 concerning Marriage and in Global Confidential Regulation applying the standard of lex loci festivities, which expresses that the law that applies to the marriage is the law where the marriage happens, and the division of joint property is directed as per law of each party.
BALANCE BETWEEN THE ECONOMY AND THE ENVIRONMENT Herlambang, Embang; Syahrul Ansari, Teuku; Budi Santoso, Imam; Yunus, Muhammad
Awang Long Law Review Vol. 6 No. 2 (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.v6i2.1190

Abstract

Economy and environment are variables contained in the principles of sustainable development which underlie legal regulations related to the environment in various countries in the world. Nevertheless, there is still environmental pollution and damage that occurs, such as air pollution caused by industrial activities from fertilizer factories that produce ammonia-based fertilizer which pollutes the air in residential areas around the factory, which shows an imbalance between the economy and the environment. On the one hand, this economic activity is an effort aimed at creating community welfare, but on the other hand, this activity causes disruption to the community in obtaining a good living environment. The results of this research show that ammonia gas is a compound produced from the fertilizer industry process which is toxic and pollutes the environment. Ammonia is a poisonous gas, colorless and has a distinctive odor which can cause problems with human health and even death. However, the ammonia gas that spreads to residential areas around the factory is caused by wind blowing towards the settlement and this is not dangerous, because the wind blows the levels of ammonia gas to decrease. However, the presence of an ammonia-based fertilizer factory does not necessarily mean that society is free from the threat of this gas, because there have been several incidents of ammonia gas leaks in various parts of the world which have caused material losses and claimed many lives.
LEGAL EFFECTS ON CONTROL OF RIGHTS TO LAND OF THE FORMER EIGENDOM VERPONDING STATE IN DISPUTES BETWEEN HEIRS THE MULLER FAMILY WITH CITIZENS OF DAGO ELOS BANDUNG Asnanda, Anggraeni; Rahmatiar, Yuniar; Abas, Muhamad; Sanjaya, Suyono
Awang Long Law Review Vol. 6 No. 2 (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.v6i2.1191

Abstract

Indonesia's Basic Agrarian Law (UUPA) sets out the requirements for the conversion of verponding eigendom land, regulating the rights of Westerners to be included in the applicable land law system. Based on the UUPA, land rights must be converted until September 24 1980. However, there are still frequent claims of land ownership resulting from eigendom disputes that have not been legally resolved, which causes land disputes. Case of verponding eigendom land dispute between the heirs of the Muller Family, PT. Dago Inti Graha versus Dago Elos residents is a clear example of the complexity that can occur in land ownership issues. Since it started in 2016, this dispute has been decided four times, one of which was at the PK level with Case Register Number 109 PK/Pdt/2022. Normative juridical and analytical descriptive approaches, in legal studies and relevant legal cases are analyzed. Result: According to the provisions of UUPA and its implementing regulations, as well as Government Regulation no. 24 of 1997, if there is no land eigendom verponding convention, the land then becomes state property. Through the trial, the Panel of Judges considered that the heirs of the Muller Family had succeeded in proving that they were the legal holders of land rights, compared to the claims of Dago Elos Residents who did not have proof of ownership and that the Muller Family heirs had more complete and valid supporting documents than the Residents. Dago Elos. Based on these considerations, the judge decided that the heirs of the Muller family had stronger and more legal rights to the disputed land than the Dago Elos residents. Therefore, the legal consequences for control of disputed land are that the heirs of the Muller family have the right to register the land and obtain legal recognition of ownership of the disputed land.
RESTORATIVE JUSTICE IN CRIMINAL DEFAMATION ON SOCIAL MEDIA: A LEGAL PERSPECTIVE AND IMPLEMENTATION IN INDONESIA Widodo
Awang Long Law Review Vol. 6 No. 2 (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.v6i2.1192

Abstract

This research discusses restorative justice in the crime of defamation on social media, focusing on the legal perspective and its implementation in Indonesia. Defamation through social media has become an increasingly relevant issue in today's digital era. The restorative justice approach offers an alternative in resolving defamation cases that can restore the relationship between the perpetrator and the victim.The purpose of this research is to find out how is the implementation of restorative justice in the settlement of criminal defamation in social media? This research uses a normative juridical approach, with a literature study that includes various sources such as scientific writings or articles in the form of books, online media, dissertations or other literature. The results showed that the implementation of restorative justice in the settlement of criminal defamation in Indonesia is still limited and faces various obstacles. These obstacles include a lack of awareness and understanding of the concept of restorative justice, lack of support from relevant institutions, and challenges in identifying and involving all parties involved. Restorative Justice has great potential as an effective approach in resolving defamation cases. This approach focuses on recovery and reconciliation between the perpetrator, the victim, and the community.
JURIDICAL REVIEW OF THE JUDGE'S CONSIDERATION OF NOT ACCEPTING THE BANKRUPTCY APPLICATION AGAINST Sopian, Singgih; Abas, Muhamad; Lubis, Adyan
Awang Long Law Review Vol. 6 No. 2 (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.v6i2.1195

Abstract

Based on the problem of bankruptcy and the postponement of debt payment obligations where PT. Fuji Smbe Indonesia filed a Bankruptcy Application against PT. Amanda Gumulung Sejahtera is due to her inability to pay her debts that have matured or the Suspension of Debt Payment Obligations (PKPU), in this case what is the legal basis for the judge's consideration of not accepting the bankruptcy application against Pt. Amanda Gumulung Sejahtera and the legal consequences for the debtor for the delay in debt payment obligations. The purpose of writing is to find out the legal basis for the judge's consideration of not accepting the bankruptcy application and the legal consequences for the debtor for the delay in debt payment obligations. This research uses a normative legal approach method or library legal research which is carried out by researching literature materials. Data sources consist of secondary data including primary, secondary and tertiary legal materials. The conclusion is that PT. Amanda Gumulung Sejahtera has met the bankruptcy requirements, namely having more than one creditor and the existence of duet and collectible debts that have been regulated in Law Number 37 of 2004 concerning the Postponement of Debt Payment Obligations.
LEGAL PROTECTION AGAINST HOLDERS OF REGISTERED BRAND "PUMA AND CAT JUMPING" FOR SIMILARITY TO FAMOUS BRANDS Dewi Putri Wibowo, Sabrina; Amalia, Lia; Abas, Muhamad
Awang Long Law Review Vol. 6 No. 2 (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.v6i2.1197

Abstract

This research focuses on two important aspects: The research will delve deeply into laws related to well-known brands in Indonesia and the research will analyze specific cases that have been decided by the courts, such as case Number 16/Pdt.Sus-HKI/Brand/2023/PN Niaga Jkt.Pst.Well-known brands are usually highly valued because they spend money on advertising and promotion, and become more popular around the world. In addition, it obtains legal protection through trademark registration in different countries, which gives them exclusive rights to their trademarks and allows others to use them illegally. The Trademark Law in Indonesia provides special protection for well-known brands. However, trademark infringement still occurs in Indonesia. Normative juridical research, with legislation and case approaches on legal protection of well-known brands in Indonesia. Result: The Trademark Law provides a clear framework for the legal protection of well-known trademarks in Indonesia, both preventively and restrictively, in particular Article 21, Article 83 and Explanation of Article 76 paragraph (2). In decision Number 16/Pdt.Sus-HKI/Brand/2023/PN Niaga Jkt.Pst, the Commercial Court considered evidence showing that the Defendant deliberately took advantage of the reputation of the "PUMA and Jumping Cat" brand without permission or license. The Commercial Court decided to cancel the registration of the Defendant's trademark "PUMA and Jumping Cats" because the action infringed the Plaintiff's trademark rights. This decision was made to protect the Claimant from its legitimate trademark rights.
DIVERSION AS THE CASE RESOLUTION FOR CHILDREN IN CONFLICT WITH THE LAW WITHIN THE PERSPECTIVE OF LEGAL PSYCHOLOGY Chamdani; Indradjaja, Nobella; Nurhandy, Febrina
Awang Long Law Review Vol. 6 No. 2 (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.v6i2.1199

Abstract

Children have an important role in life, so children's problems are initially personal problems, namely the relationship between parents and their children. Children in conflict with the law are children who are in conflict with the law, children who are victims of criminal acts, and children who are witnesses to criminal acts. ABH must be viewed comprehensively, both sociologically, psychologically and formally juridically. If done carefully, we will achieve comprehensive protection of children's rights and human rights. The method used in this research is normative research with a statutory and psychological approach in analyzing the data. The existence of a child rights convention which contains international regulations which have been adapted into national law in the form of a law is often frightening when viewed from the perspective of "protecting behind the law". Diversion is mandatory at every level in Article 7 that at the level of investigation, prosecution and examination of children's cases in district courts, diversion must be attempted.
LEGAL LIABILITY OF PROPERTY DEVELOPERS REGARDING THE FULFILLMENT OF OBLIGATIONS TO CONSUMERS IN SALE AND PURCHASE TRANSACTIONS USING THE BINDING SALE AND PURCHASE AGREEMENT Ratna, Yulvita; Djajaputra, Gunawan
Awang Long Law Review Vol. 6 No. 2 (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.v6i2.1204

Abstract

Business people show great interest in the development of the property industry. With promising market prospects, developers have significant legal responsibilities to potential buyers. To ensure legal certainty and avoid future conflicts, consumers must understand and comply with the legal rules contained in the agreement. The Sales and Purchase Agreement functions as a contract between the seller and the buyer at the initial stage of the home buying and selling process. This research examines the developer's responsibility towards consumers in house sale and purchase agreements through the Agreement of Sale and Purchase Binding mechanism, because a lack of consumer awareness and knowledge can increase risks to their rights. The method used in this research is based on normative juridical. The aim of this research is to determine the developer's legal responsibility towards buyers as consumers, so that there is legal certainty for buyers using the Agreement of Sale and Purchase Binding system. Developers must bear the losses experienced by consumers in accordance with Article 19 of Law Number 8 of 1999 concerning Consumer Protection. In accordance with Article 19 of Law Number 8 of 1999 concerning Consumer Protection, this research aims to determine the developer's legal responsibility towards buyers as consumers, so that buyers can obtain legal certainty through the Agreement of Sale and Purchase Binding system. In addition, the developer is responsible for providing accurate information and guaranteeing the quality of construction, which includes the construction period to the maintenance period, until all sales and purchase agreements are completed.
CONSUMER PROTECTION AGAINST DEBTORS ON THE TRANSFER OF MORTGAGE RIGHTS VIA CESSIE Dameria, Fiorella Angella; Djajaputra, Gunawan
Awang Long Law Review Vol. 6 No. 2 (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.v6i2.1205

Abstract

Disparities in financial capabilities in society have resulted in many credit agreements being entered into between consumers as debtors and banks as creditors or lenders, which are also accompanied by collateral in the form of mortgage rights which are used as collateral for payment of receivables by the debtor if he is unable to pay his debts to the creditor. The scope related to credit agreements is increasingly expanding when the model develops that credit agreements can be transferred to third parties through a cessie or receivable transfer agreement which of course poses risks for both creditors and debtors because in principle, when receivables are transferred to the cessie buyer, then the mortgage rights as collateral are also also transferred, including in terms of claim rights by new creditors. Therefore, this issue is interesting to discuss from the perspective of debtor protection as consumers of banking institutions, especially regarding the procedures and requirements that need to be understood regarding the transfer of mortgage collateral through a cessie or receivable transfer agreement. Apart from that, debtors also need to know what legal remedies can be submitted if the credit agreement or receivable transfer procedure causes losses for the debtor. In this research, the author uses a normative juridical research method using literature study and a legal approach. The results of the research show that based on the Consumer Protection Law and Financial Services Authority regulation, the Debtor as a consumer has the right to know clear and accurate information regarding the procedures and requirements of credit agreements including receivable transfer or cessie agreements and the legal consequences for the mortgage rights which he uses as collateral, including filing a complaint and/or legal remedies in litigation and non-litigation as long as he feels disadvantaged. The government needs to aggressively carry out outreach regarding all applicable regulations regarding credit agreements.

Page 41 of 50 | Total Record : 498

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