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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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RESTORATIVE JUSTICE FOR CHILDREN OF CYBER-PORN Sina Iwi, Patricia; Yulianingsih, Wiwin
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.v7i1.1325

Abstract

This study aims at finding out and analyzing the implementation of Restorative Justice for children of Cyber-porn offenders in the Sikka Regency Resort Police as well as to find out the obstacles and efforts in the implementation of Restorative Justice for children of Cyber-porn offenders. The type of this research is a type of empirical legal research that is descriptive and analytical. The type of data used in this study is peripheral data obtained through interviews with members of the Police Resort in Sikka district while secondary data uses primary legal materials, namely: Police regulation Number 8 of 2021 concerning the Handling of Criminal Acts Based on Restorative Justice, Law Number 11 of 2008 concerning Information and Electronic Transactions, Law Number 44 of 2008 concerning Pornography, Law Number 23 of 2002 concerning Child Protection and Law Number 11 of 012 concerning the Juvenile Justice System and for secondary legal materials and tertiary legal materials to support primary legal materials. Data collection is carried out by means of interviews and literature/documents. The technique used in this study uses qualitative analysis techniques. Cyber-porn crimes involving children, both perpetrators and victims in the community of Sikka Regency are still considered a disgrace so there are still many who do not want to report it to the police. In addition, investigators in implementing Restorative Justice are guided by Regulation of the Republic of Indonesia National Police Number 8 of 2021 concerning the Handling of Crimes Based on Restorative Justice, but in fact there are still many investigators who do not understand and master the application of Restorative Justice. Obstacles and efforts in the implementation of Restorative Justice for children of Cyber-porn offenders, especially in the community and Sikka Regency Resort Police officers.
RATIFYING THE CISG: ESTABLISHING DEFAULT RULES AS LEGAL CERTAINTY FOR INTERNATIONAL SALES CONTRACT Chandra, Edwin; Lewiandy, Lewiandy
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.v7i1.1334

Abstract

International sales contracts are agreement that govern the cross-border sales of goods. Given the complexities inherent in such transactions, the United Nations on Contract for the International Sales of Goods (CISG) serves as a preventive measure to reduce misinterpretation and legal dispute between the contracting parties. However, the CISG’s applicability as a default rule remains limited due to not being ratified by certain states. The objective of this research is to analyze how the CISG act as a default rule to fulfill the legal certainty of contracting, and analyze the foreseeing challenges of ratifying the CISG in Indonesia. The research type is normative with statutory approach. The concept of default rules offers a convenient legal framework for the international sales contract that is in the absence of law. This theoretical framework was then adopted by the CISG, which instigates the phenomenon of the sticky default rules, reduce transaction cost with a complete set of interpretation and gap-filling mechanism, and ensure the legal certainty of the contracting parties. However, the ratification of the CISG may face several challenges such as the compability of the domestic law, potential conflicts of domestic interest, and high cost of legislating. Despite these challenges, ratifying the CISG in Indonesia remains feasible and beneficial for the development of international contract law.
LEGAL ANALYSIS OF THE LEASE AGREEMENT FOR ELECTRIC POWER PLANTS Fraistifina; Kamelia; Hakim, Elsan Octavia; Andryawan
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.v7i1.1341

Abstract

Leasing consists of two types, namely finance lease with an option right and operating lease without an option right. A finance lease refers to an action by a financing company in carrying out financing activities by providing capital goods to the debtor, which will subsequently be utilized by the debtor for a specific period as agreed upon in the contract. Meanwhile, an operating lease is a type of lease that does not result in a substantial transfer of economic benefits or risks associated with the leased asset to the lessee. Generally, leasing in the electricity sector adopts the finance lease scheme due to the minimal risks posed to both parties. The issue the author seeks to examine pertains to the implementation, regulation, and accountability of leasing activities in the electricity sector. The type of research employed is normative legal research. The term 'juridical' refers to an approach based on applicable laws and regulations, while 'normative' refers to an approach conducted through primary legal materials. Normative juridical research utilizes primary legal sources as well as legal literature. Any party intending to lease electrical power must submit an application to PT PLN (Persero) in accordance with the provisions of the Decree of the Minister of Finance Number 1169/KMK.01/1991 concerning Leasing Activities. A juridical analysis of lease agreements for power plants is essential. This analysis seeks to identify potential legal issues that may arise and provide recommendations for improvements and enhancements in the execution of such lease agreements, thereby supporting the development of a sustainable and efficient electricity sector in Indonesia.
CHALLENGES OF CRIMINAL INVESTIGATION CYBER CRIME Hartono, Wandi; Muhardi, Dekky; Akhiruddin, Ahmad; Purba, Desi Valentianna Br; Asa, Pandu; DM, Yusuf
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.v7i1.1351

Abstract

The investigation process still has many cases of cybercrime that are stalled due to the limited equipment owned by the Police, for example if there is a complaint or report from the public regarding the occurrence of cybercrime, the reporter reports the incident to the local Police, which usually does not have special equipment to examine complaints or reports from the public, so the Police must coordinate with the Resort Police, which if its equipment is still inadequate, must transfer the complaint or report to the Regional Police level which certainly has adequate equipment to handle cybercrime cases, this is an obstacle in the investigation in the internal sector. While for external factors themselves, there are various obstacles faced by investigators.The research that the author will conduct is normative, namely research that is based on applicable legal principles.. The conclusion isAfter understanding the regulation of investigation of cybercrime cases regulated in the Law on Information and Electronic Transactions, it can be concluded that the investigation process is carried out by a team of investigators from the Republic of Indonesia National Police who can be assisted by people who are experts in certain fields related to the case that is under investigation if needed in solving a case by maintaining privacy, data authenticity, and not disrupting public services or public facilities. Searches and/or seizures of electronic systems related to suspected criminal acts must be carried out with the permission of the local District Court.
CORRUPTION OFFENSES MANAGING DIRECTOR IN MAKING BUSINESS DECISIONS Habonaran, Benedictus Satrio; Wirogioto, Ali Johardi; Wiryadi, Uyan
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.v7i1.1360

Abstract

Business decisions taken by the Board of Directors are solely an obligation for the Board of Directors so that SOE can grow sustainably, stably, and have high competitiveness, but an unavoidable reality is that a business entity does not only experience profits, but is also faced with phases of loss. Business decisions that have been made with full calculation and prudence are still not free from business risks that can result in the SOEs they manage experiencing losses, so that they are categorized as detrimental to state finances and lead to criminal justice processes. This study aims to (1) analyse losses in SOEs that can be qualified as state financial losses and (2) analyse what business decisions made by the President Director of SOEs are categorized as fulfilling the elements of corruption in criminal cases in the Central Jakarta District Court Decision Number 15/Pid.Sus-TKP/2019/PN.Jkt.Pst. This research uses normative juridical research methods using statute approach, conceptual approach, and case approach. The results showed that separated state assets are state assets originating from the state budget to be used as state equity participation in SOEs. State assets that become capital in the form of shares are no longer state assets. State assets in SOEs are limited to the ownership of the company's shares, so that if there is a loss in the SOE Persero, this is not a state loss, but a loss of the SOE. The business decisions made by the President Director of the SOE are categorized as fulfilling the elements of corruption due to a series of actions by Karen that do not entirely reflect the principle of prudence in making decisions, nor do they fully fulfil the elements of Article 97 paragraph (5) of the Limited Liability Company Law.
PKPU AS AN ALTERNATIVE SOLUTION TO SETTLEMENT OF INDIVIDUAL DEBTORS' DEBT IN FINTECH LENDING SERVICES Faqi, Ahmad Fachri; Jamila, Fadilla; Rai, Raga; Pappa, Erika
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.v7i1.1361

Abstract

The resolution of individual debtor debts in Fintech Lending Services has been regulated under POJK 10/2022. In addition to dispute resolution through district courts or alternative dispute resolution mechanisms, the PKPU mechanism is available to address the debt issues of individual debtors in Fintech Lending services. This study examines the resolution of individual debtor debts through the PKPU mechanism as a more equitable, expedient, and effective alternative. The research employs normative legal methods, utilizing secondary data such as legislation and relevant legal literature. Data collection is conducted through documentation and literature studies. The findings indicate that the debts of individual debtors in Fintech Lending services can be resolved through the PKPU mechanism, as such debts fall within the scope of Law No. 37/2004. However, the application of this mechanism faces challenges, such as the requirement for applications to be filed by an advocate and the condition that there must be a minimum of two creditors, which complicates matters for individual debtors. Moreover, Law No. 37/2004 has not fully protected individual debtors, as debt forgiveness or cancellation still depends on creditors' approval.
COMMUNITY PARTICIPATION IN WASTE MANAGEMENT IN PINRANG REGENCY: TOWARDS A WASTE-FREE ENVIRONMENT AR, Andi Bau Inggit; Ruslan, Achmad; Annisa, Arini Nur; Arifin, Arnita Pratiwi; Lestari, Arini Enar; AR, Andi Bau Medlin; Imanullah, Andi Muhammad Aqil; Kadarudin; Rifai, Andi Tenri Famauri; Rastiawaty
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.v7i1.1362

Abstract

The problem of waste management in Penrang Village is caused by the fact that many people are not yet aware of disposing of waste in its place, the lack of community participation due to the lack of understanding and legal awareness of the community in protecting the environment, the suboptimal management of waste by the local government through TPS3R, and the lack of community understanding regarding Pinrang Regency Regulation no. 7 of 2013 concerning Waste Management. Legal socialization is the best solution that can be offered, so the method of implementing the activities used in lectures and discussions between the PPMU-PK-M Team of Hasanuddin University with the village apparatus and the surrounding community. The community's lack of understanding and awareness regarding their role in waste management causes many problems related to environmental management, especially concerning waste management in Penrang Village. The number of cleaning staff in Penrang Village is also inadequate, so they are overwhelmed in carrying out their duties. The lack of officers hampers the distribution of household waste to the final disposal site. This is because many people refuse to pay their waste transportation fees, even though the fees are managed to become the wages of cleaning staff in the village. In this case, the local government should be able to resolve the issue of wages for cleaning staff in order to achieve good waste management in Penrang Subdistrict.
CUSTOMARY LEGAL PROTECTION FOR THE CANCELLATION OF NGADET CEREMONY FOR DAYAK KENYAH COUPLE Yuniarsih; Radhitya, Atthyya; Rosdiana, Anita
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.v7i1.1363

Abstract

This study explores the Ngadet ceremony, a traditional wedding practice of the Dayak Kenyah community in East Kalimantan, Indonesia, symbolizing the union of two families through sacred customary rituals. Governed by strict customary laws, Ngadet incorporates symbolic elements such as tajau (jars), baing (traditional beads), lekok (traditional rings), uleng udeng (headgear), gongs, iron chains, seraung (traditional hats), and pat uwai (woven mats), each carrying deep cultural significance. The study adopts a socio-legal approach, focusing on the social and legal dimensions of Ngadet, including its stages, requirements, and the legal protections afforded to parties affected by its cancellation. Primary data were obtained through a direct interview conducted via WhatsApp with Mr. Yakub Ngau, the Customary Head of the Dayak Kenyah community in Makmur Jaya Village as a key informant. He provided accurate and detailed insights into the Ngadet tradition and the sanctions imposed in cases of cancellations. The findings reveal the Ngadet ceremony of the Dayak Kenyah Lepo’ Jalan tribe comprises three stages: pre-Ngadet (Mateb), involving preparations and offerings, the ceremony with symbolic rituals like processions, dances, and sacred items, and post-Ngadet, where the couple prepares for a church wedding to validate the marriage. Customary law imposes strict sanctions, including a Rp5,000,000 fine for cancellations, protecting women and reinforcing commitment through discussions, notifications, and mediation. In conclusion, the Ngadet ceremony, embodies unity, cultural heritage, and ancestral values. Governed by strict customary laws, it reinforces commitment and protects individuals through sanctions, ensuring the preservation of tradition.
LEGAL PROTECTION OF MARRIAGE AGREEMENTS FOR HUSBAND AND WIFE Hartini, Sri Iin
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.v7i1.1376

Abstract

A marriage agreement is made with the aim of providing legal protection for parties with good intentions from other parties with bad intentions. In addition to separating assets brought before marriage, marriage agreements made before and after marriage are basically aimed at separating assets brought and joint assets due to legal consequences that occur to their marital assets. A marriage agreement made before marriage aims to prevent problems arising regarding assets brought and joint assets so that a marriage agreement is needed as a legal basis for separating them. Meanwhile, a marriage agreement made after marriage is made with the aim of regulating the legal consequences that arise to their assets.
THE APPLICATIONS OF DECLARATION DECISIONS ON CIVIL PROCEDURE LAW IN INDONESIA Zulaika, Emi; Erfandy, Noviandy Nur Fadillah Putranti; Hariyani, Iswi
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.v7i1.1377

Abstract

Declaratory judgment is one of the decisions that can be given by the court to confirm a pre-existing legal right or situation, and not to provide new recognition or ratification. Declaratory decisions do not require execution because the decision explains the existing situation or the actual situation. The Civil Procedure Law has not fully addressed the problems related to execution that have become complaints from the public, especially regarding the governance and execution procedures that can produce an effective and efficient process. Some of the problems that will be analyzed are whether a declaration decision can be requested for execution and find out the time limit for requesting execution of the declaration decision. Furthermore, the study will explore the broader implications of these legal gaps, such as how they contribute to delays in the resolution of disputes and the challenges faced by parties seeking justice. This lack of clear regulation significantly hinders the smooth enforcement of the judicial process and contributes to unresolved legal disputes. Juridical-normative research results in finding a legal vacuum in the regulation of execution of civil procedural law in Indonesia. In this case, it’s the declaration decision that does not need to be requested for execution, if you want to execute it, you need to file a new lawsuit. However, it should be noted that there is no provision that regulates the period of time when the decision must be executed by the losing party or the time limit for the execution of the execution decision.

Page 43 of 50 | Total Record : 498

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