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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 STUDY ON PERSONAL DATA PROTECTION BASED ON INDONESIAN LEGISLATION Lestari, Endang; Rasji, Rasji
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.v6i2.1206

Abstract

Personal data protection is an effort to protect individual privacy rights, which includes the need to protect a person's privacy as well as the protection of their personal data. The type of research in this study is normative juridical, which focuses on the review of positive legal norms.To find out about the protection of personal data regulated in Indonesian Legislation and to find out the obstacles to personal data protection in law and their solutions. In Indonesia, Personal Data Protection has been regulated in Law Number 27 of 2022 concerning Personal Data Protection, Law Number 11 of 2008 concerning Electronic Information and Transactions, and the Regulation of the Minister of Communication and Information of the Republic of Indonesia Number 20 of 2016 concerning Protection of Personal Data on Electronic Systems, and has obstacles in the application of this Law such as the overlap of the old law with the new one, and preventing a legal expert from adopting which Law.In the current technological era, the significance of addressing security factors in the processing of personal data using various technologies has become increasingly critical. While electronic systems have enhanced data security, it is undeniable that the risk of data theft by irresponsible parties still exists. Therefore, regulations or laws are necessary to provide protection for personal data.
ANALYSIS OF LEGAL PROTECTION FOR CONSUMER LOSSES DUE TO BUSINESS PERFORMER'S BREACH OF CONCERT ORGANIZER Natalia, Fenny; Soemartono, Gatot P.
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.v6i2.1214

Abstract

Currently, the music industry has become one of the most popular forms of entertainment among various segments of society. In this context, music concerts have become a significant source of revenue for promoters. However, it is not uncommon for promoters to neglect their responsibilities as business operators, resulting in losses for consumers who have purchased concert tickets. This research aims to examine the legal protection available to consumers who suffer losses due to the breach of contract by concert organizers. The research method used is a normative legal approach, analyzing legal issues through relevant legislation. The legal materials for this research are derived from primary and secondary legal sources, including legislation and related research findings on the subject matter. The research results indicate that consumer protection in Indonesia remains a serious concern, as business operators frequently fail to fulfill their obligations and violate consumer protection laws, leading to consumer losses. This study concludes the protection available to consumers seeking legal remedies for their losses, including claims for compensation in accordance with Law Number 8 of 1999 Concerning Consumer Protection.
APPLICATION CITIZEN’S CHARTER IN IMPROVING THE QUALITY OF POLRI PUBLIC SERVICES Harianja, Marasi Kindly; Tafalas, Muh Guzali; Sudarmo, Agnes Puspitasari
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.v6i2.1215

Abstract

Improving the quality of service requires support from all groups, including the integrity and commitment of the Police leadership and service officers as well as the community's commitment not to commit deviations in accordance with the Citizen's Charter (service contract) which has been formulated and established as a guideline for the implementation of Polri's public services. The public must always prioritize equal rights and justice regarding these services so that improvements in the quality of Polri's public services in the future can be achieved effectively and efficiently by achieving good governance which is characterized by clean governance. This is in accordance with the general principles of state administration (the general principle of organizational state) which consist of legal certainty, orderly state administration, public interest, openness, proportionality, professionalism and accountability.
THE ROLE OF THE NOTARY IN SETTLEMENT OF CRIMINAL CASES BASED ON RESTORATIVE JUSTICE Adisti, Neisa Angrum; Mardiansyah, Alfiyan; Nurillah, Isma; Banjarani, Desia Rakhma; Dedeng
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.v6i2.1216

Abstract

Restorative Justice is an effort to find a peaceful process for resolving cases outside of court. This research uses normative legal research methods. The urgency of resolving criminal cases based on restorative justice is essentially the resolution of criminal cases by involving the perpetrator, victim, family of the perpetrator/victim, and other related parties to jointly seek a fair solution by emphasizing restoration to the original condition, and not retaliation. The main point of resolving criminal cases based on restorative justice is the existence of a peace agreement between the victim and the perpetrator of the crime. Peace agreement and fulfillment of the rights of victims of criminal acts. To prepare a peace agreement signed by the parties, of course it must be formulated in writing and can be drafted and signed in the presence of an authorized official. If necessary, this is where the role of a Notary can be used in drafting a peace agreement through a peace deed made and signed before a Notary. To strengthen the validity of the peace agreement letter and the need for legal protection, guarantees in fulfilling the rights of the victim, to avoid acts of default on the peace agreement between the criminal perpetrator and the victim, it can be formulated through an authentic deed, namely a peace deed made and signed before a Notary.
PRACTICAL LAW DEVELOPMENT THE INSTITUTION OF POSTPONEMENT OF DEBT PAYMENT OBLIGATIONS TO ACHIEVE THE VALUE OF JUSTICE Suci, Ivida Dewi Amrih; Poesoko, Herowati; Raharja, Sunarya; Puryani, Puji; Andani, Devi
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.v6i2.1234

Abstract

Practical law development is described as implementing the duties or ideals of the law in practice. Law is an arrangement the state provides to the community as a guarantee of security for justice seekers (justiabelen). In practice, cases examined in the application of the law by linking the regulatory norms with the legal facts, then the result of the judge's analysis is the ratio decidendi as the basis for making the ruling, as well as the decision in the PKPU realm in bankruptcy law which is lex specialist on the work of PKPU institutions. The success of the PKPU institution's work with a court decision that has permanent legal force (inkracht van gewijsde) (vide Article 287 of the Bankruptcy and PKPU Law). The PKPU peace institution in every case settlement is needed to be strongly encouraged so that the success rate is high. This is because this institution at an early stage is desired to be a tool in stopping the bankruptcy decision for the debtor, so that the debtor can continue his business and can pay his debts to creditors, therefore it is expected to provide justice for the parties who are litigating. The purpose of law is to achieve the value of justice, with the value of legal certainty and the value of the benefits of the PKPU institution, which is part of the value of justice as a legal goal. The author in this article analyzes "how the practical legal implementation of the PKPU peace institution achieves the value of justice". The writing of this article uses the normative juridical method, which makes the norm as the legal concept, and uses the analysis knife of the theory of legal objectives taken from 3 (three) general teachings of Gustav Radbruch, namely certainty, benefits and the end is justice, in addition to dissecting it, also using Kees Schuit's theory, namely idiil elements, operational elements and actuil elements. The approach used is conceptual approach, statutory approach, and case approach. The conclusion to be reached has prescriptive value as an apology for the world of legal science, especially the science of bankruptcy law and the institution of Postponement of Debt Payment Obligations (PKPU).
PROTECTION OF VICTIMS OF HUMAN RIGHTS VIOLATIONS Yusuf DM, Mohd.; Nofarizal, Dedi; Putra, Fransiskus; Hutagaol, Hendra Dm; Monarchi, Try Krisna
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.v6i2.1256

Abstract

The crime of genocide is often associated with crimes against humanity but when viewed in depth the crime of genocide is different from crimes against humanity, where the crime of genocide is aimed at groups such as nations, races, ethnicities or religions while crimes against humanity are aimed at citizens and civilians. The demand for the resolution of cases of human rights violations has prompted the birth of Law Number 39 of 1999 concerning Human Rights which was later followed by Law Number 26 of 2000 concerning the Human Rights Court which is intended to answer various problems of human rights violations, especially gross human rights violations. Article 7 of the Human Rights Court Law states that the crime of genocide is a crime that violates gross human rights because it is committed by killing, causing severe suffering, extermination, coercion by groups and even the forcible transfer of children from one group to another. Thus the human rights court law expressly provides threats to the perpetrators. The method used is normative legal research. Based on the results of the research, it is known that the Crime of Genocide and its Implications in Law Number 39 of 1999 concerning Human Rights that the crime of genocide is one of the most serious forms of human rights violations, involving systematic efforts to destroy certain groups based on ethnicity, religion, or race. Law No. 39/1999 on Human Rights has not specifically and in detail regulated the crime of genocide and the elements of the crime. This has led to a lack of a strong and comprehensive legal framework to prosecute perpetrators of genocide, as well as provide justice and legal certainty for victims.
LEGAL REVIEW OF THE SUPERVISION OF THE 2024 GENERAL ELECTION CAMPAIGN THROUGH SOCIAL MEDIA Tobing, Rudyanti Dorotea; Kasenda, Dekie GG
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.v7i1.1260

Abstract

One of the campaign methods in the 2024 election is campaigning through social media. In order for the implementation of the Election Campaign to run well and in accordance with the applicable laws and regulations, it is necessary to conduct supervision. Bawaslu is tasked with supervising the implementation of election campaigns, including monitoring campaigns on social media. The purpose of this research is first to describe the 2024 General Election Campaign through social media; second, to describe the Supervision of the 2024 General Election Campaign through social media. The method of normative legal research (legalresearch) using legal materials as the main source. The results of the study show that first, The presence of social media as a tool for disseminating information aimed at the public or voters in elections is considered an effective and important step, especially in shaping opinions and setting political agendas. In Central Kalimantan Province, there are four Social Media platforms registered and used by 2024 Election participants, including Instagram, Facebook, Tiktok, and Youtube. In Central Kalimantan Province there are 86 social media platforms for political parties and legislative candidate members. Second, Bawaslu of Central Kalimantan Province has formed a team to monitor the campaign via social media accounts during the 2024 Election stages. The large number of accounts on social media is an obstacle for Bawaslu to supervise campaigns on social media. Campaigns on social media are certainly in separable from the possibility of campaign violations on social media, including hoaxs or hate speech. The Election Law has not specifically regulated the limitations/prohibitions related to campaign violations on social media.
CONSIDERATION OF JUDGES IN DECIDING CASES OF DOMESTIC VIOLENCE CRIMES COMMITTED BY HUSBANDS TO WIVES COMMITTED BY HUSBAND TO WIFE Saputra, Mahendra Agnur; Putri, Hanuring Ayu Ardhani; Khaerudin, Ariy
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.v6i2.1283

Abstract

The purpose of this study is to examine the law enforcement and judges' consideration of the perpetrators of the crime of Domestic Violence committed by husband to wife in decision No. 233/Pid.Sus /2023/PN Ktg. This type of research uses descriptive qualitative with a normative juridical approach. Data collection using literature study. This research uses qualitative analysis with an interactive model. The results showed that law enforcement against perpetrators of domestic violence crimes that the defendant was sentenced to imprisonment for 4 (four) years. The judge's consideration in imposing a sentence on the crime of domestic violence was the beating committed by a husband to his wife in Decision No. 233/Pid.Sus/2023/PN Ktg is based on the testimony of witnesses, evidence and the testimony of the defendant, where the proof is sufficient if it is based on at least 2 (two) pieces of evidence plus the judge's belief.
LEGAL PROTECTION FOR SOCIAL SECURITY ADMINISTERING BODY HEALTH PARTICIPANTS Irayadi, 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.v6i2.1308

Abstract

In order to legally protect the rights of patients participating in the Social Security Administering Body (BPJS) of Health in obtaining health services, the government issued Law Number 24 of 2011, which stipulates that two state-owned enterprises, namely PT Askes (Persero) and PT Jamsostek (Persero) were transformed into public service agencies to implement five programs mandated by Law Number 40 of 2004, namely the health insurance program for BPJS Health and other programs are handed over to BPJS Employment. This study aims to analyze how to protect BPJS Health participants. This study uses a normative legal research method with field data as a complement. The results of the study Legal protection for BPJS Health participants who are hospitalized in hospitals from the regulatory aspect have protected their rights both as consumers of services, as hospital patients and as BPJS Health participants. The method of resolving BPJS Health service disputes through mediation reflects the importance of a consensual approach to dispute resolution. Mediation is chosen for several theoretical reasons, such as the dominance of a culture that prioritizes harmony and togetherness, and the balance of power between the disputing parties.
SETTLEMENT OF PAST GROSS VIOLATIONS OF HUMAN RIGHTS BY THE JOKOWI GOVERNMENT Thamrin, Husni
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.v6i2.1321

Abstract

The pendulum of resolving the past gross human rights violations has begun to move a little forward in the second term of President Jokowi's administration. It took 8 years for President Jokowi to start solving the past gross human rights violations. Even though this is a program that he launched when he was elected for the first time in 2014. This research is aimed at exploring the policies of the Jokowi government in resolving the past gross human rights violations from the beginning to the present, including finding at the advantages and disadvantages. The research method used a qualitative, descriptive approach by examining emerging policies and viewing and analyzing a series of regulations related to their relationship with the implementation of policies in the field. From this research obtained the wall of impunity is still role to intervene a process, lack of understanding and half-hearted management to resolve the past gross human rights violations gripped the government's steps. Not to mention the existence of sabotage and stowaways to resolve the gross violations of human rights, whether they were aware of it or not within the palace. The President Jokowi's series of policies in resolving past gross human rights violations by issuing Presidential Decree Number 17 of 2022, Presidential Instruction of the Republic of Indonesia Number 2 of 2023 discusses the Implementation of Recommendations for Settlement of Rights Violations Serious Human Rights and Presidential Decree Number 4 of 2023 passed various existing regulations to resolve the past gross human rights violations.

Page 42 of 50 | Total Record : 498

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