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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 PARTICIPANTS IN THE PROCUREMENT OF TECHNICAL EQUIPMENT AGAINST MISUSE OF EQUIPMENT DESIGN Ringo, Desron Siringo; Malau, Parningotan; Handayani, Pristika
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.v8i1.1628

Abstract

The submission of a procurement request for engineering equipment is, of course, accompanied by a budget plan for the manufacture of the equipment. In practice, many companies that conduct engineering equipment procurement auctions often obtain engineering equipment designs from one tender participant to be used by other tender participants without disclosure. This causes injustice to tender participants whose engineering equipment designs are used without their knowledge or consent. The absence of registration of industrial designs results in no protection of industrial design rights, which can lead to imitation or plagiarism of the design, and there is even the possibility of using the design in the future. Another problem that also arises is that the engineering equipment designed or created is not mass-produced, as it is only produced for specific conditions. The formulation of the problem in this study concerns how to regulate engineering equipment design, how to protect engineering equipment procurement participants from misuse of engineering equipment design, and what solutions are available for addressing misuse of equipment design. The research methodology used was normative research. In Indonesia, industrial design, also known as industrial product design, has been recognized as a distinct entity from copyright. In 2000, a law specifically regulating industrial design was enacted, known as the Industrial Design Law. Additionally, the regulation regarding the layout of integrated circuits is outlined in Law Number 32 of 2000 concerning Integrated Circuit Layout Design. The protection of engineering tool designs can only be carried out through repressive efforts, both criminally and civilly. This protection is only based on whether the engineering tool procurement participant has an industrial design certificate. So that the engineering tool procurement participant firmly owns the legality of the design, solutions that can be taken include: First, the need for preventive legal regulations in the form of obligations from the engineering tool procurement company with the engineering tool procurement participant in the form of a written agreement containing an agreement to maintain the confidentiality of information. Second, there is a need for ease in obtaining industrial design certificates by the Directorate General of Intellectual Property Rights. Third, there is a need for supervision and socialization of all business entities participating in the procurement of engineering tools to prevent the misuse of engineering tool designs.
LEGAL PROTECTION FOR DONATORS AGAINST ACTIONS BY DONATION RECIPIENTS WHO MISAPPROPRIATE DONATION MONEY Gani, Junaidi Syahputra; Handayani, Pristika; Abra, Emy Hajar
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.v8i1.1633

Abstract

In reality, collecting donations often does not match the original purpose of providing the funds. This is a common occurrence and is frequently reported by television, mass media, and online media. In this study, several issues are examined, including the implementation of regulations regarding donations, the legal protection afforded to donors against the misuse of donation funds by recipients, and the solutions for actions taken by recipients who misuse donation funds. The form of this research is normative legal research, utilizing secondary data as its primary source of information. The data analysis used is qualitative descriptive analysis. Legal protection for donors in the context of acts of misuse of donation money by recipients of donations is a complex issue and requires serious attention. On the one hand, existing regulations have provided a sufficient legal framework to protect donors; on the other hand, there are still many challenges to their implementation in the field. Cases of misuse that occur show that the existing regulations are not fully effective in preventing misuse of funds. It is essential to strengthen the supervision and accountability of institutions that collect donations. Transparency in fund management, independent audits, and certification for trusted foundations are some steps that can be taken to increase donor trust. In addition, educating the public about their rights as donors is also crucial in building better legal awareness. With the various solutions proposed, the donation ecosystem in Indonesia can become more efficient and transparent. The public must feel safe and confident that every donation given will be used for the right purpose. Only in this way can we build a healthy and sustainable donation culture in Indonesia.
LEGAL PROTECTION OF BANKRUPT CREDITORS AGAINST TRANSFER OF MANAGEMENT RIGHTS OVER LAND OWNED BY BANKRUPT DEBTORS DUE TO DELAY IN EXTENSION OF BATAM AUTHORITY'S ANNUAL MANDATORY MONEY Sitindaon, Anggra Satria; Hadiyanto, Alwan; Anugrah Bhakti, Rizki Tri
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.v8i1.1634

Abstract

When the soil entered estate bankruptcy, it experienced delays in paying the Batam Authority's Annual Mandatory Fee. The Batam Authority's Annual Mandatory Payment is one of the strongest pieces of evidence indicating that the company has legal ownership over the land. However, the possibility of the land being taken over by the Batam Business Agency is because the Batam Business Agency has the right to do so. However, the conflict of regulations that occurred also resulted in a legal vacuum, leaving a gap in resolving the problem. In this study, several issues are studied, including: How are the regulations regarding assets owned by bankrupt debtors, the rules regarding the transfer of land management rights by the Batam Business Agency, how the legal protection of bankrupt creditors regarding the transfer of land management rights owned by bankrupt debtors due to delays in extending the Batam Authority's annual mandatory money. The form of this research is normative legal research, utilizing secondary data as its primary source of information. The data analysis used is qualitative descriptive analysis. The assets owned by debtors who are declared bankrupt include those that already existed at the time of the bankruptcy decision, as well as those acquired during the bankruptcy process, referred to as estate bankruptcy. The supervisory judge and curator manage the estate in bankruptcy, with the results then distributed according to the previously determined repayment priorities. The transfer of land management rights can be carried out by BP Batam if several conditions are met, namely that the Batam Authority Annual Compulsory Money has not been paid or extended, there is a mismatch in land use, or the land has been given in not cultivated within a specific period. The transfer of management rights can be carried out because BP Batam is the holder of the management rights to the land in Batam. In facing the challenges faced by bankrupt creditors, legal protection is an essential aspect. One way to protect creditors is to strengthen the monitoring mechanism for the transfer of land management rights. Additionally, legal education for creditors needs to be improved so that they understand their rights within the bankruptcy process. Many creditors are not aware that they have the right to file objections to the transfer of management rights carried out by BP Batam. By improving legal understanding, creditors can be more proactive in protecting their rights.
BANK'S RESPONSIBILITY FOR THE EXECUTION OF AUCTIONS FOR UNCERTIFIED LAND Kamaleng, Eduard; Abra, Emy Hajar; Hadiyanto, Alwan
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.v8i1.1655

Abstract

The auction method is typically used to bring together two parties in a legal transaction. In an auction, there are two parties involved: the party submitting the bid and the party that wins the auction. Auctions can be carried out on land that has been obtained and registered with a mortgage. In practice, there are also irregularities in the auction process, particularly in auctions conducted on land that has not been certified. This is the case, for example, in Court Decision Number 03/Pdt. Eks / 2020 / Pn.Tbk Jo. Number 29 / Pdt.G / 2015 / Pn.Tbk. This study will discuss the Implementation of Regulations regarding the execution of auctions for land collateral that has not been certified. How is the Bank's Accountability for the Execution of Auctions for Land That Has Not Been Certified? What is the Solution to the Execution of Auctions for Land That Has Not Been Certified? The research methodology employed in this study is a normative research approach. Regulations governing the Execution Auction include Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Apartment Units, and Land Registration, Auction PMK, Mortgage Law, Regulation of the Minister of Agrarian Affairs Number 16 of 2021 concerning the Third Amendment to the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 3 of 1997 concerning Implementing Provisions of Government Regulation Number 24 of 1997 concerning Land Registration. The role of the bank in the smooth running of the transfer of rights from the bank as the applicant for the auction of land to the auction winner is part of the bank's responsibility, as referred to in the theory of strict liability, which requires the bank to be jointly responsible for it even though the bank did not make a mistake. To address the issue of auction execution on uncertified land, several legal solutions can be employed. First, the government needs to accelerate the land certification process through the Systematic Land Registration (PTSL) program. Second, there needs to be stricter regulations related to auction execution. Third, education and socialization to the community regarding land rights and applicable legal procedures are also critical. Fourth, establishing mediation or dispute resolution institutions at the local level can be an alternative solution to resolving disputes that arise from auction execution. Fifth, the government should also consider providing incentives for landowners who are willing to undergo certification.
COMPARATIVE STUDY OF TERRITORIAL AND NATIONAL ACTIVE PRINCIPLES IN THE CONTEXT OF THE APPLICATION OF CRIMINAL LAW IN INDONESIA Kusmiyati; Syamsuddin; Ilham
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.v8i1.1706

Abstract

This study examines the comparison between the territorial principle and the active national principle in the context of criminal law enforcement in Indonesia. Indonesia, as a vast archipelagic country, faces challenges in the application of cross-border criminal law, especially in cases involving Indonesian citizens who commit crimes abroad and foreign citizens who commit crimes in their territory. The territorial principle focuses on the location of the crime, while the active national principle allows the prosecution of Indonesian citizens for crimes committed abroad. This study analyzes the legal framework stipulated in the 1946 Criminal Code (KUHP) and the revised version in 2023, highlighting the differences and implications of the two principles. Through normative legal research, this research aims to identify the effectiveness of these principles in dealing with transnational crime and emerging legal dilemmas. The findings of the study show that while both principles serve to uphold national sovereignty and protect the rights of citizens, their application can give rise to jurisdictional conflicts, which require international cooperation and legal harmonization.
CRIMINAL LIABILITY IN THE CRIME OF CORRUPTION IN LAND ACQUISITION FOR THE CONSTRUCTION Mulyanto, Akh; Farhana, Farhana
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.v8i1.1713

Abstract

Land acquisition procedures carried out in the context of the construction of the Tapin Dam are qualified as part of land acquisition for the public interest, as referred to in laws and regulations. This qualification is in line with the provisions of 65 of 2006 concerning to Presidential Regulation.36i of 2005, which states that infrastructure development for the benefit of water resources, including dams, is a form of development for the public interest. In this context, the Kalimantan II River Regional Center held land acquisition activities for the construction of the Tapin Dam through the formation of a land acquisition committee as stipulated in the Presidential Regulation. Proof in the Crime of Corruption of land acquisition for the Construction of the Tapin Dam is by proving criminal acts (elements of the article charged), the ability to be responsible, mistakes in the form of intentionality or forgetfulness and the absence of a reason for criminal removal. As for the criminal liability, that the defendant had received land change money from the community that the defendant used for the benefit of his family, so that the defendant was punished criminally and fined. The judge's consideration in Decision No. 10/PID. SUS-TPK/2023/PT BJM regarding the crime of corruption in land acquisition for the construction of the Tapin Dam stated that the defendant was proven to have committed an unlawful act as stipulated in Article 12 letter e of Law Number 31 of 1999 concerning the Eradication of Corruption Crimes, which has been amended and supplemented by Law Number 20 of 2001, so that the verdict is considered appropriate. the defendant had made an agreement with the witness Sogianor Bin Ilar (deceased) as the Head of Pipitak Jaya Village and a member of the Land Acquisition Team in the Implementation of Land Acquisition for the Construction of the Tapin Dam as a state administrator, and the defendant as a participant in the investigation, so that the crime occurred.
LEGAL IMPLEMENTATION OF A DEED OF TESTAMENTARY GRANT IN CASES WHERE THE BENEFICIARY IS AN UNREGISTERED LEGAL ENTITY Rositasari, Noviarasta Dewi; Tjempaka, Tjempaka
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.v8i1.1730

Abstract

The Aim of this research is to identify the essential aspects that must be verified by a notary in the process of drafting a deed of testamentary gift, to ensure that an individual or legal entity meets the criteria as a beneficiary under the provisions of the Indonesian Civil Code. Furthermore, the research aims to gain a deeper understanding of the notary's responsibilities in carrying out duties related to testamentary deeds. The research method employed in this study is a normative juridical approach combined with empirical data, utilizing a conceptual approach, a statutory approach, and a case-based approach. The Novelty of this research lies in the confirmation that, under inheritance law, a legal entity may indeed be designated as a beneficiary of a will. However, in its implementation, certain documentation and clear legal status of the legal entity are required, as stipulated in the Indonesian Civil Code. The findings of this study, referring to the case concerning the deed of testamentary gift in Decision No. 52/Pdt.G/2020/PN.Bgr, indicate that the beneficiary of the will, a foundation, had been established and possessed Articles of Association but had not yet been officially approved by the Ministry of Law and Human Rights. As a result, the legal certainty regarding the foundation’s existence was brought into question. Consequently, the notary may be held administratively and civilly liable if their actions are deemed to fulfill the elements of an unlawful act as stipulated in Article 1365 of the Indonesian Civil Code. This research is conducted with the expectation that in the future that The notary must exercise greater diligence in drafting testamentary deeds and must fulfill all obligations related to their preparation as stipulated by law. This ensures that the testamentary deed created by the notary provides legal certainty and does not cause harm to any party.
CONCEPT OF ILLICIT ENRICHMENT APPLICATION COMPARISON BETWEEN INDONESIA AND AUSTRALIA Permata, Virna Amalia Nur; Aji Lukman Ibrahim
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.v8i1.1798

Abstract

This study aims to compare the application of illicit enrichment regulations and concepts between Australia and Indonesia and their implications in reducing corruption cases in both countries. The research method used is normative legal research with a Statute Approach, Conceptual Approach, and Comparative Approach. The legal materials used include primary legal materials, namely laws and regulations relevant to the issues under study. In addition, secondary legal materials consist of textbooks discussing various legal issues, scientific journals, works from legal circles, and research results. Tertiary legal materials are used as supplements, namely through the Internet. The data collection method used is library research. The results of the study show that illicit enrichment will be a breakthrough in the anti-corruption system in Indonesia. Although Indonesia has ratified the UNCAC, this ratification does not accommodate the concept of illicit enrichment. so that implementing illicit enrichment can be a good step, reflecting on Australia's success in indicating corruption earlier by looking at the increase and/or imbalance between the wealth of state officials and their legitimate income. In its implications, the Anti-Corruption Law can be the right legal framework for injecting the concept of illicit enrichment.
POLICY STRATEGIES IN HANDLING ROHINGYA REFUGEES IN INDONESIA TO SUPPORT SUSTAINABLE JUSTICE Sari, Athina Kartika; Zulfikar, Zulfikar; Nurachmad, Much; Muazarah, Kharraz
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.v8i1.1799

Abstract

Indonesia’s position as a transit country for refugees presents complex challenges in law enforcement, financial stability, social security, and foreign policy. Despite Indonesia’s commitment to refugee protection under Article 27 paragraph (2) of Law No. 37 of 1999 on Foreign Relations and Presidential Regulation No. 125 of 2016 concerning the Handling of Refugees from Abroad, many legal and institutional gaps persist. This study employs a normative juridical method to examine two key questions: (1) the legal status of Rohingya refugees under international and national law, and (2) the legal strategies that Indonesia can adopt to promote sustainable justice in refugee management. The findings reveal that the arrival of Rohingya refugees in Banda Aceh on 14 November 2023 highlights the lack of clear legal recognition, as current procedures do not align with the 1951 Refugee Convention, the 1967 Protocol, or Law No. 9 of 1992 on Immigration. Although legal violations are evident, humanitarian considerations and the non-refoulement principle remain fundamental. To address these challenges, this research proposes strategic policy measures, including strengthening collaboration with local communities and NGOs, promoting economic empowerment through taxation on income-generating refugees, and utilizing third-party donor funding schemes to facilitate refugee relocation to countries that are parties to the Refugee Convention.
CRITICISM OF DEEP SEA MININGAND THE ISA REGULATORY VOID: THE ROLE OF THE BBNJ AGREEMENT AS A PROTECTION MECHANISM Dwi Putra, Dimas Raditya
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.v8i1.1803

Abstract

Deep Sea Mining (DSM) in international areas has triggered various controversies due to serious ecological risks and regulatory uncertainty in the International Seabed Authority (ISA). This article aims to examine the legal gaps related to DSM and evaluate the potential of the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement as a temporary protection mechanism until the ISA Mining Code is finalized. The analysis is carried out through a normative approach by reviewing international law of the sea principles such as the “common heritage of mankind,” the precautionary principle, and the ecosystem approach, as well as their relevance in the context of DSM. The study results show that although BBNJ cannot fully replace ISA legally, this agreement offers a significant additional layer of protection for the marine environment through the obligation to conduct environmental impact assessments and the establishment of marine protected areas. This research also reveals conflicts of interest and inequalities in the benefit-sharing mechanism that potentially disadvantage developing countries. In conclusion, BBNJ plays an important role as a complementary instrument that can strengthen DSM oversight, but does not replace the comprehensive regulations required from ISA.

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