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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 REVIEW OF VILLAGE CASH LAND RENTAL AGREEMENTS Akup, Apriliyanto Juwan Sukmana; Rahmatiar, Yuniar; Abas, Muhamad; Sanjaya, Suyono
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.v7i1.1469

Abstract

The implementation of leasing village treasury land is a common practice in Indonesia. However, in practice there are legal problems that often arise related to the protection of the rights of the parties involved in it. The implementation of this lease activity is related to the construction of the Subang Smartpolitan Industrial Estate by a private company that has obtained an Industrial Estate Business License (IUKI) in Subang Regency. One of the villages affected by the development of industrial estates has assets in the form of village treasury land that will be changed in function through the ruilslag or exchange process. To regulate the use of land during the ruilslag administrative process, it is considered necessary to first carry out a lease agreement. This legal event highlights the importance of regulating land use changes in a transparent manner and in accordance with applicable regulations. This research uses the Normative Juridical approach method, which is a form of scientific activity, which is based on certain methods, systematics, and thoughts, aiming to study one or several specific legal phenomena. The implementation of the lease agreement for village treasury land is linked to the Regulation of the Minister of Home Affairs Number 3 of 2024 concerning Amendments to the Regulation of the Minister of Home Affairs Number 1 of 2016 concerning Village Asset Management. Several legal aspects that need to be considered in a lease agreement such as Legal Basis, Village Authority, Lease Agreement, Transparency and Openness, Coordination, Protection of Village Rights, Alignment with Development, Supervision and Accountability, Legal Education, Public Supervision. Legal consequences for the parties involved, namely Binding Agreement, Rights and Obligations of the Parties, Duration of Rent, Rent Payment, Land Use, Maintenance and Repair, Transfer of Lease Rights, Sanctions and Fines, Dispute Resolution and Restoration of Village Rights.
BURDEN OF PROOF IN OVERTIME WAGE CLAIMS Nadaek, Nason; Wijaya, Adi
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.v7i1.1474

Abstract

Overtime wage demands occur when the company employs workers overtime, but the workers are not given overtime wages, so the workers are forced to make a report or complaint to the labor inspector, to conduct an examination as a basis for calculating and determining, because overtime wages are a right guaranteed by labor legislation. According to Prof. Dr. H.R Abdussalam, SIK, SH, MH and Adri Desasfuryanto, SH, MH, working hours are 7 (seven) hours a day and 40 (forty) hours a week and in the event that workers work beyond these working hours, then workers are entitled to overtime pay Keywords: Prosecution, imposition, evidence.
THE FUNCTION OF LAW IN ECONOMIC DEVELOPMENT AND COMMUNITY EMPOWERMENT IN INDONESIA Thamrin, Husni; Sobirov, Bobur; Thamrin, Muhammad Arganata; Royani, Esti
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.v7i1.1479

Abstract

The purpose of this study is to analyze the function of law in the stages of economic development and to analyze community empowerment through the role of law. The research is normative-legal research, using the statute approach, conceptual approach, and case approach. Secondary Legal Materials are all publications on a law that are not official documents which include textbooks, legal dictionaries, legal journals, and research reports. The collected legal materials are then analyzed qualitatively. The results of the research show that development in the economic field cannot work alone, but requires support from various parties, especially in the field of law. Law has a very central role in the success of a country's economic development, particularly in providing business and investment certainty, both at the central and regional levels. This will provide a huge opportunity for the central government in accelerating policies related to the economy in the regions because the regions are already stable in terms of the functioning of the legal function in the field of economic development. In relation to community empowerment, the function of law is as a driving force for development. In this case, the law as a tool to bring society in a more advanced direction will work dynamically following economic developments. Improvements in all sectors, starting from education, accessibility, action, institutions, business, income, environment, and life, and improving social relations in society will have a very big impact on economic growth in Indonesia.
THE IMPACT OF RESTORATIVE JUSTICE ON ADDRESSING JUVENILE OFFENSES THE IMPACT OF RESTORATIVE JUSTICE ON ADDRESSING JUVENILE OFFENSES Aisyah, Sitti; Fahrudin, Muhammad Husni
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.v7i1.1482

Abstract

Restorative justice has emerged as a promising alternative to traditional punitive systems on a global scale, particularly in the context of addressing juvenile crime. This article explores the effectiveness of restorative justice in responding to child crime by analyzing its core principles, implementation strategies, and outcomes. Employing a blend of qualitative and quantitative research methods, the study delves into case studies, interviews with stakeholders, and statistical data from jurisdictions that have adopted restorative justice practices. The findings indicate that restorative justice can effectively reduce recidivism rates, promote community reintegration, and improve the psychological well-being of both offenders and victims. However, the research also highlights challenges, including inconsistent application and cultural barriers that can impede its effectiveness. To address these issues, the paper offers several recommendations, such as standardizing policies, enhancing facilitator training, and fostering community engagement to optimize the impact of restorative justice initiatives.
OPTIMIZATION OF THE INTERNATIONAL COMMITTEE OF THE RED CROSS TOWARDS THE PROTECTION OF HUMAN RIGHTS OF THE INTERNATIONAL COMMUNITY Subakdi; Setiyawati, Marina Ery
Awang Long Law Review Vol. 8 No. 1 (2025): 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.v8i1.1745

Abstract

The International Committee of the Red Cross or ICRC is an international organization that carries out humanitarian missions in the health sector. The ICRC helps international countries that are in criminal conflict to protect the human rights of civilians affected by the conflict. The purpose of this study is that the authors hope to find out the ICRC's optimization of the protection of human rights in the international community. This research uses a literature study research method on the ICRC's optimization of the protection of human rights of the international community in countries that have been given assistance by the ICRC before.
AN UNREASONABLE PURCHASE OF GOODS: A CRIMINAL LAW PERSPECTIVE Kuswardani; Kurnianingsih, Marisa; Hussain, Mazlena Mohamad; Prokosa, Andria Luhur; Fairuzzaman, Fahmi
Awang Long Law Review Vol. 8 No. 1 (2025): 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.v8i1.1772

Abstract

The purpose of this study is to compare the criminal law regarding the dishonest purchase of goods or receipt of goods resulting or also known as fencing from crime between the Indonesian Criminal Code and the Penal Code of Singapore. This research uses a normative juridical method, so the data used is secondary. This data consists of the Indonesian Criminal Code and the Singapore Penal Code, as well as journals relevant to the problem. The novelty of this research is that the formulation of criminal sanctions is not only alternative but can be imposed cumulatively, and there is a separate formulation regarding the receipt of stolen motor vehicle goods. The research results show that purchasing criminal goods or receiving stolen property or fencing is regulated under Article 480 of the Indonesian Criminal Code and Article 411 of the Singapore Criminal Code. Both define the offense as intentional by a responsible perpetrator. Criminal sanctions under the Indonesian Criminal Code are alternative, and if fencing occurs, there is jurisprudence as source of formal law. While those under the Singapore Penal Code are alternative or cumulative. Receiving stolen property, particularly motor vehicles, carries cumulative penalties, plus a ban on holding or obtaining a driver's license, imposed by the court upon release from prison. The research concludes that fencing is a violation in both Indonesia and Singapore. The only differences lie in the form of punishment stipulated in the Criminal Code and the formulation of receiving stolen property for motor vehicles. The research concludes that fencing is a violation in both Indonesia and Singapore. The only differences lie in the form of punishment stipulated in the Criminal Code and the formulation of receiving stolen property for motor vehicles.
THE BUSINESS BEHIND THE CHARM OF TOURIST VILLAGES: WHEN THE LAW NEEDS TO BE MORE REAL Pasaribu, Benhard Kurniawan; Maisyarah
Awang Long Law Review Vol. 8 No. 1 (2025): 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.v8i1.1796

Abstract

The charm of tourist villages across Indonesia is increasingly attracting attention as an alternative driver of community-based economic growth. Tourist villages serve not only as venues for cultural and natural preservation but also as incubators for various creative economic activities led by local communities. However, behind this economic dynamism, many business practices still operate without clear legal certainty—covering issues such as business entity status, partnership contracts, financial management, and the protection of intellectual property rights. This study explores three key questions: the forms and patterns of business practices within tourist villages, the legal challenges faced by business actors, and the ideal model of business regulation to strengthen the role of rural communities in managing tourist villages. The research employs a juridical-empirical method, using a problem-solving strategy that includes literature review, interviews, and direct observation of two tourist-village sites. The findings show that most business activities in tourist villages are carried out on a micro, small, and medium scale with informally managed operations. Several areas require greater attention and improvement: strengthening synergy between local government and village communities, enhancing legal awareness among local micro-enterprise actors, and addressing tourism safety and insurance standards. The study recommends a business-law regulatory model that formally designates local government as a mandatory partner for mentoring and supervision, implemented under the principle of “Community-Led, Government-Supported,” while ensuring that all major decisions in village tourism management reflect the outcomes of community deliberation.
ENFORCEMENT OF LAWS ON SEXUAL VIOLENCE IN MARRIAGE (MARITAL RAPE): A COMPARATIVE STUDY OF CRIMINAL LAWS IN INDONESIA AND SINGAPORE Wahdah, Azzhara Nikita; Harefa, Beniharmoni
Awang Long Law Review Vol. 8 No. 1 (2025): 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.v8i1.1810

Abstract

Marital rape is a form of sexual violence that is often not explicitly recognized in legal systems, especially in countries with strong patriarchal cultures. This article provides a comparative analysis of the regulation and enforcement of marital rape as a criminal offense in Indonesia and Singapore. In Indonesia, the recognition of marital rape as a criminal offense has been strengthened through the new Criminal Code (Law No. 1 of 2023), the PKDRT Law, and the TPKS Law, although its implementation still faces challenges in the form of complaint offenses, social stigma, and a lack of understanding of gender issues among officials. Meanwhile, Singapore has removed legal immunity for husbands since the enactment of the Criminal Law Reform Act 2019, and provides civil protection through Personal Protection Orders (PPOs) and an integrated reporting system. This study uses a normative legal and comparative law approach to examine the differences in the legal systems, regulations, and cultures of the two countries. The results of the study show that Singapore is more progressive in handling cases of marital rape, both in terms of regulations and victim protection mechanisms. This article recommends that Indonesia strengthen inter-agency synergy, reform the reporting system, and improve public legal literacy as strategic steps in combating domestic sexual violence. With a comprehensive approach, it is hoped that the Indonesian legal system can be more responsive to the needs of victims and ensure gender sensitive justice.
LEGAL CERTAINTY OF THE IMPLEMENTATION OF FIXED-TIME EMPLOYMENT AGREEMENTS AFTER THE LABOR CREATION ACT OF 2023 Widagdo, Gatot Subroto
Awang Long Law Review Vol. 7 No. 2 (2025): 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.v7i2.1886

Abstract

This study aims to analyze legal certainty in the implementation of Fixed-Term Employment Agreements (PKWT) following the enactment of Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into Law. This regulation brings significant changes to the provisions of PKWT, previously stipulated in Law Number 13 of 2003 concerning Manpower. Using a normative legal approach, this study examines the paradigm shift from a system that primarily protects workers to one that is more flexible and oriented toward business interests. The results indicate that although the Job Creation Law provides greater flexibility for employers and adds new forms of protection in the form of compensation and electronic registration, the elimination of contract time limits and the provision for automatic conversion of PKWT to PKWTT reduces legal certainty for workers. To achieve a balance between employer interests and the protection of workers' rights, strengthening derivative regulations, increasing labor oversight, and providing legal education for all parties is necessary to ensure that the implementation of PKWT is carried out in accordance with the principles of justice and legal certainty in Indonesia's rule of law.
LEGAL CERTAINTY FOR ETAWAKU GOAT MILK TRADEMARK RIGHTS HOLDERS OVER TRADEMARK CANCELLATION SUIT Zulaika, Emi; Susanti, Dyah Ochtorina; Hayfa, Jessenia
Awang Long Law Review Vol. 8 No. 1 (2025): 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.v8i1.1481

Abstract

Information technology encourages globalization and IPR protection, making brands an important asset to differentiate products or services in business competition. This research aims to analyze the first to file principle in the registration of the Etawaku goat milk brand regarding legal certainty and legal consequences. The first to file principle as regulated in Law Number 20 of 2016 concerning Trademarks provides exclusive rights to the first registrant, without regard to previous use. This created a polemic in the case of a dispute between Imam Subekhi, the initial user of the Etawaku brand since 2012, and Mukit Hendrayatno, the official registrant of the brand in 2021 and 2022. This research uses a juridical-normative method with a statutory and conceptual approach. The research results show that the application of the first to file principle has provided legal certainty to the first registrant, namely Mukit Hedrayatno. As a result of the law, Imam Subekhi lost his rights to the brand even though he had used it previously. To protect its rights, early adopters can file a trademark cancellation lawsuit on the grounds of bad faith. Apart from that, it also has consequences for third parties, namely changes in ownership or brand disputes that can confuse consumers regarding the authenticity of the product and affect loyalty, as well as risk canceling contracts or cooperation with business partners if the trademark cancellation lawsuit is granted. This research emphasizes the importance of trademark registration to avoid future disputes and provides recommendations to DJKI to increase socialization and speed up the brand verification process through the latest technology.

Page 45 of 50 | Total Record : 498

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