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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 CAPITAL MARKET INVESTORS IN THE EVENT OF A SUSPENSION OF STOCK TRADING ON THE INDONESIAN STOCK EXCHANGE BASED ON INDONESIAN LAW Zakiar, Rafi Andriawan; Ikhwansyah, Isis; Faisal, Pupung
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.v7i1.1379

Abstract

Stock investment in the capital market is a high-risk high return investment. One of the risks faced by capital market investors is the stock trading suspension sanction imposed by the IDX as experienced by capital market investors in PT HK Metals Utama (HKMU) stocks. This suspension sanction is detrimental to investors due to the suspension of HKMU stock trading. Investors should be more careful to carry out risk management by cutting losses when they see a notation that HKMU shares will be suspended. This research aims to analyze the legal consequences and legal position of investors in the event of a suspension of stock trading and to analyze the legal actions or steps that can be taken by investors to sell their shares through off-exchange transactions.This research uses a research method with a normative juridical approach that is referred to the laws and regulations in the field of capital markets and applicable legal theories. The specification of this research is descriptive analytical. The data collection techniques used by researchers in this research are in the form of literature studies by searching for data as complete as possible from secondary data derived from primary and secondary legal materials that are relevant to related cases, then analyzed qualitatively. Based on the research results, the following can be obtained. First, the legal consequences experienced by investors are that investors cannot conduct buying and selling transactions of HKMU shares on the stock exchange as stated in Article I.5. IDX Regulation regarding Securities Suspension and investors have legal standing guaranteed by Articles 28-30 of the OJK Law and legal standing to conduct transactions outside the stock exchange as stipulated in Article 6 paragraph (3) POJK regarding Securities Transactions. Second, legal actions that can be taken by investors are selling their stocks through off-exchange transactions, submitting claims to OJK to make written orders by conducting disgrogement funds, and as a last resort can file a claim or lawsuit for compensation to the emiten.
ANALYSIS OF THE REGISTRATION OF A LEGAL ENTITY NAME SUBSTANTIALLY SIMILAR TO THE REGISTERED TRADEMARK "CHANTIQUE" Telaumbanua, Nathanael; Kansil, Christine S. T
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.v7i1.1383

Abstract

Over time, trademarks have come to play a significant role in businesses established by entrepreneurs. A trademark is defined as a graphical representation that can take the form of a logo, number, or letter. The presence of a trademark in a business provides a guarantee of quality and adds unique value that attracts consumers. However, it is not uncommon for other business actors to imitate trademarks in order to reap substantial benefits. Such actions are deemed unlawful as they harm other entrepreneurs striving to develop their businesses, thereby necessitating legal protection for the affected business actors. The type of research used is normative juridical research. Normative juridical research utilizes secondary data sources as well as legal book. The normative juridical research method is a legal research approach based on legal literature, legal books, and secondary data. Legal protection for trademarks is outlined in Law Number 20 of 2016 on Trademarks and Geographical Indications. According to this regulation, the process of registering a trademark must meet several requirements: it must possess distinctiveness, comply with statutory regulations, be publicly owned, and bear no direct relation to the goods or services being registered. These requirements must be fulfilled by entrepreneurs who wish to register their trademarks. Moreover, Indonesia adheres to a constitutive trademark registration system, where the individual with full rights to a trademark is the one who first registers it commonly referred to as the "first to file" principle. The purpose of this study is to examine the regulations and legal protections for legal entities that bear similarities to a registered trademark.
SHARIA BANKING DISPUTE RESOLUTION MODEL THAT IS EFFECTIVE, EFFICIENT AND FAIR Maskanah, Ummi; Burhanuddin, Sisca Ferawati; Zaenudin, KM Ibnu Shina; Suhartini, Siti Pujiastuti
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.v7i1.1390

Abstract

Sharia banks also target MSMEs through KUR loans, growing like mushrooms in the rain. The small loan value becomes disproportionate if a dispute is resolved through the judicial process. So what is needed by financial service providers and the public is a dispute resolution model that is effective and efficient, fair and certain. Research specifications use descriptive analytical methods, with normative and empirical juridical approaches. The data used is secondary data with data collection techniques through literature studies and field studies, then the data is analyzed using legal interpretation and construction, using qualitative juridical methods. The settlement of sharia economic disputes juridically can be resolved in two ways, namely through litigation and non-litigation. According to the results of the study, currently the KUR guarantor is PT Jamkrindo Syariah under the supervision of the OJK, in practice when there is bad credit Jamkrindo Syariah chooses a non-litigation dispute resolution model by means of deliberation and mediation off line and online based on the good faith of the parties (vide Article 55 of Law Number 21 of 2008 and Perma Number 3 of 2022), so as to fulfill a sense of justice and legal certainty, therefore there is a need for a special legal umbrella for resolving sharia economic disputes outside the Court.
FREE HEALTH GUARANTEE FOR THE POOR PEOPLE POST HEALTH LAW OMNIBUS LAW Putra, I Putu Harry Suandana; Rato, Donimikus; Anggoro, Bayu Dwi
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.v7i1.1393

Abstract

The establishment of the National Social Security System is realized through Law Number 40 of 2004 concerning the National Social Security System (UU SJSN) which has a health insurance program, work accident insurance, old age insurance, pension insurance and death insurance. Health insurance as part of the social security system in Indonesia is indeed a form of social assistance program for health services for the poor and disadvantaged. This program is organized nationally to guarantee cross-subsidies in order to create comprehensive health services for the poor. The purpose of this study is to examine free health insurance for the poor after the health omnibus law related to the regulation that the central and regional governments are required to provide financial protection to the poor and disadvantaged through the health insurance program, so that they can access health services without cost barriers. The research method used is normative juridical. free health insurance for the poor after the health omnibus law in the future (establishing rights) is by creating a single institutional model in the form of an institution mandated by all people. This is important, because in this way the collection of funds will be realized quickly. A single institution in the sense of the organizer of the National Social Security System as a container or umbrella that covers program organizers, so that program implementation can be carried out by several program organizers, especially free health insurance for the poor. The single institution in question is led by a Director, under the National Social Security Council (DJSN), who is directly responsible to the President. The future model is the Free Health Insurance Agency for the Poor.
HANDLING OF MINOR CRIMES OF THEFT IN OIL PALM PLANTATIONS Rahman, Rojali; Munawar, Akhmad
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.v7i1.1406

Abstract

Palm oil plantations play a vital role in Indonesia's economy but face issues of palm fruit theft with losses valued under IDR 2.5 million. Since the implementation of Supreme Court Regulation (PERMA) No. 2 of 2012, such theft cases have been resolved through restorative justice (RJ), which has proven insufficient in providing a deterrent effect. Offenders frequently repeat their actions, resulting in economic losses for companies and social unrest in communities. This study evaluates the effectiveness of RJ in addressing minor theft cases in palm oil plantations in Tanah Laut, South Kalimantan. Using normative legal methods and case analysis, it was found that RJ often imposes lenient sanctions, such as signing statements or temporary confiscation of theft tools. This leniency motivates offenders to exploit legal loopholes without fear of serious consequences. Challenges in RJ implementation include social protection for offenders by village officials, limited supervision, and inadequate security personnel in vast plantation areas. The study recommends stricter sanctions, such as recording offenders’ criminal records in police databases to enhance deterrence. Strengthening collaboration between companies and law enforcement is also necessary to prevent repeated theft. The application of RJ in minor theft cases in palm oil plantations needs revision to be fairer and more effective in protecting companies, communities, and deterring offenders. This study aims to contribute to the development of more adaptive legal policies tailored to local needs.
IDEAL REGULATIONS OF LAW ENFORCEMENT AGAINST MEDICAL MALPRACTICE TRADITIONAL HEALTH WORKERS Oktareza, Dwi; Yulianingrum, Aullia Vivi; Alhadi, Muhammad Nurcholis; Elviandri; Suhadi, Nainuri
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.v7i1.1410

Abstract

Traditional health services in Indonesia play an important role in maintaining public health, but the increasing cases of malpractice in this practice can endanger patient safety. The main challenges are the lack of supervision and the lack of legality that exacerbate the potential for malpractice. Therefore, strict legal protection is needed to ensure that traditional medicine is safe, effective, and meets standards, as well as to protect patients and traditional health workers. This study uses a normative legal method with a legislative, conceptual, and case study approach. Data were collected through literature studies and analyzed descriptively to understand the legal protection for patients of traditional health services. This study proposes strengthening supervision of traditional health practices through the establishment of a Traditional Health Worker Supervisory Board and non-litigation dispute resolution mechanisms such as mediation or arbitration. In addition, strict law enforcement against malpractice through administrative, civil, and criminal law will increase the accountability of traditional health workers, improve the quality of services, and provide a sense of justice for patients. Thus, it is hoped that a balance will be created between preserving tradition and effective legal protection to create a safe and fair health system in Indonesia.
THE IMPLICATIONS OF CONSTITUTIONAL COURT DECISION REGARDING THE LIMITATION OF REGIONAL HEADS' TERMS ON THE CONSTITUTIONALITY OF REGIONAL HEADS' NOMINATIONS Noor, Andreyan; Yulianingrum, Aullia Vivi; Elviandri, Elviandri; Alhadi, Muhammad Nurcholis
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.v7i1.1419

Abstract

The limitation of regional heads' terms in Indonesia is basically related to two things, the first is to avoid abuse of authority, and the second is to regenerate leadership in the regions, therefore the limitation of the regional heads' terms is very important. This research is normative legal research with a statute approach and a case approach, by analyzing the decisions of the Constitutional Court such as Decision Number 22/PUU-VII/2009, Number 67/PUU-XVIII/2020, and Number 2/PUU-XXI/2023. This study examines how the Constitutional Court interprets the term limits of regional heads, including the calculation of the term of office for regional heads who do not complete their term of office. The results of this study show that the Constitutional Court emphasizes that a term of office that is served for half of the term or more is counted as one full term, both for definitive officials and temporary officials. This interpretation aims to ensure legal certainty and prevent abuse of power, by providing protection for the constitutional rights of citizens who wish to run for re-election. The Constitutional Court's decision also confirms that the norm of term limits for regional heads is in line with the principles of justice, proportionality, and legal certainty guaranteed in the 1945 Constitution. Thus, this term limit is not only served to prevent the dominance of power, but also to encourage the regeneration of healthy leadership in the Indonesian democratic system. The implications of this Constitutional Court decision are very important for the implementation of the 2024 Simultaneous Regional Head Elections, where the KPU and Bawaslu must ensure the consistent implementation of this norm, to ensure the creation of fair, transparent, and quality elections.
IMPLEMENTATION OF ENVIRONMENTAL LAW IN SUSTAINABLE NATURAL RESOURCE MANAGEMENT Hasibuan, Imelda; Japri, Muhammad
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.v7i1.1453

Abstract

East Kalimantan Province is endowed with abundant natural resources, including tropical forests, coal, oil, and natural gas. However, excessive exploitation of these resources has led to significant environmental degradation, including deforestation, land degradation, and water pollution. This study aims to assess the implementation of environmental law in supporting sustainable natural resource management in East Kalimantan, focusing on the effectiveness of regulations such as Law No. 32 of 2009 on Environmental Protection and Management, and the Environmental Impact Assessment (AMDAL) mechanism. The findings reveal that, despite the adequacy of the regulatory framework, its implementation remains weak due to insufficient monitoring, poor inter-agency coordination, and lenient enforcement of sanctions. Quantitative data show that approximately 45% of mining companies do not fully comply with AMDAL recommendations, while environmental oversight is minimal, with a critically low number of inspectors. To enhance the effectiveness of environmental law enforcement, steps such as improving government coordination, ensuring transparency in AMDAL processes, educating the public, and strengthening oversight and penalties are necessary. These strategies are expected to foster more sustainable natural resource management in East Kalimantan and mitigate further environmental damage.
PROTECTION LAW TO EXPERT THE HEIRS ARE LIABLE FOR THE CLOSURE OF THE POLICY INSURANCE SOUL CREDIT WITHOUT MEDICAL CHECK UP Asyraf, Alviami Ghina; Sunarmi; Mulhadi
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.v7i1.1460

Abstract

This research focuses on a normative study of the regulations for closing life insurance policies according to Indonesian laws and regulations. This is followed by an analysis of legal protection for the insured's heirs as policy holders regarding the practice of closing credit life insurance policies without medical check-ups, as well as an analysis of the Judge's considerations and decisions regarding the importance of medical check-ups before closing credit life insurance policies using Decision Number 38/Pdt .G/2023/PN Date as object of study. This research is descriptive normative legal research, with a statutory, conceptual and case approach. The data used is secondary data, which was collected using library study data collection tools using document study techniques. The data was then analyzed using qualitative data analysis methods and drawing conclusions deductively.The research concludes that the arrangements for closing life insurance policies in Indonesia are transparent and provide protection for the insured. OJK requires insurance companies to ensure prospective insureds understand the terms and risks, including the importance of health checks. Legal protection for the insured's heirs is regulated in Article 22-26 POJK No. 20/2023 concerning Insurance Linked to Credit, which highlights the importance of information transparency. If the claim is rejected due to the absence of a medical examination, the insured's heirs can file a lawsuit in District Court. Decision Number 38/Pdt.G/2023/PN Tgl emphasizes the importance of a medical examination before closing a policy, reflecting the principle of prudence and utmost good faith. This decision provides justice, certainty and benefits for policyholders by guaranteeing claim payments according to the provisions. It is recommended that there be detailed regulations regarding mandatory medical check-ups and transparency of information in credit life insurance. Insurance companies and banks must also increase the education of prospective insureds regarding the importance of medical examinations before disbursing credit.
LEGAL PROTECTION OF OWNERSHIP OF PROPERTY RIGHTS CERTIFICATES IN FORESTRY CULTIVATION AREAS Riswandi; Rosmini; Nur, Insan Tajali
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.v7i1.1468

Abstract

The background of this study examines the overlapping authority in determining forest areas and its implications for the legal protection of ownership of Land Ownership Certificates (SHM). This study found that overlapping authority occurred due to the absence of confirmation of forest area boundaries and systematic spatial planning, thus triggering conflict between communities that own SHM and forestry policies. The state has an obligation to protect community rights, including land rights as evidenced by SHM. The purpose of the study is to answer two things, first, to find out clarity about the factors that cause overlapping in determining forest areas in the Forestry Law, by analyzing the problems that arise from existing provisions. Second, the study looks at the form of legal protection provided by the state to the community in dealing with the problem of overlapping determination of forest areas in Kutai Kartanegara Regency. The type of this research is sociological legal research or Sociolegal studies. The research was conducted in the East Kalimantan Province, (East Kalimantan Province Environmental and Forestry Service, and the East Kalimantan Province Agrarian Spatial Planning Office/National Land Agency). The focus of this research was conducted in Sepati Village, Anggana District, Kutai Kartanegara Regency. This research will use selected respondents (purposive sampling) within the Kutai Kartanegara Regency in the area around the forestry cultivation area, namely Village Heads and Community Leaders. Specifically for respondents, researchers will conduct an interview process (deep-interview) including the use of snow-ball techniques with respondents who have a structured information network. The results of this study conclude that resolving overlapping authorities requires a comprehensive approach involving all related parties. The steps taken are comprehensive spatial planning, land dispute resolution, confirmation of forest area boundaries, strict law enforcement, strengthening institutions and non-litigation resolution.

Page 44 of 50 | Total Record : 498

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