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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.
Arjuna Subject : -
Articles 498 Documents
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THE ROLE OF THE CONSUMER DISPUTE RESOLUTION AGENCY IN BREACH OF PERFORMANCE DISPUTES UNDER THE CONSUMER PROTECTION LAW Yuwono, Excel Febrianka; Putra, Moody R. Syailendra
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.v8i1.1813

Abstract

Globalization and modern economic development not only bring opportunities but also generate new challenges in the relationship between consumers and business actors. One of the dispute resolution mechanisms regulated under Law No. 8 of 1999 on Consumer Protection is the Consumer Dispute Resolution Agency as a non-litigation forum. This study aims to analyze the Consumer Dispute Resolution Agency’s authority in adjudicating default disputes and the implications of Supreme Court Decision No. 275 K/Pdt.Sus-BPSK/2024 for consumer protection. The research method applied is normative juridical with statutory, conceptual, and case study approaches. The findings reveal that the Consumer Dispute Resolution Agency is authorized to resolve consumer disputes through mediation, arbitration, or conciliation, but not pure contractual defaults, which fall under the jurisdiction of civil courts. The Supreme Court decision confirms that default disputes in sales contracts cannot be categorized as consumer disputes, thereby excluding the Consumer Dispute Resolution Agency’s jurisdiction. This situation creates challenges because consumers who suffer losses due to default cannot obtain optimal protection through the Consumer Dispute Resolution Agency. Moreover, the lack of executorial power for the Consumer Dispute Resolution Agency decisions further undermines its effectiveness as a quasi-judicial body. Therefore, strengthening regulations and harmonizing the Consumer Protection Law with civil law are essential to ensure that the Consumer Dispute Resolution Agency can function more effectively in providing legal certainty and consumer protection.
ANALYSIS OF BREACH OF CONTRACT IN SHOPHOUSE LEASE AGREEMENTS IN THE COMMERCIAL DISTRICT Putri, Deviana; Asyari, Fatimah; Farahwati; Pasaribu, Benhard Kurniawan
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.v8i1.1829

Abstract

This study aims to analyze the forms of default that occur in shop house lease agreements in the commercial area of Samarinda City and to examine the mechanisms for resolving them. The background of this study is based on the fact that the commercial area in Samarinda is growing rapidly, making shop rental practices an important necessity for economic activities. However, on the other hand, these practices are prone to disputes due to the failure of one party to fulfill their obligations. This study uses an empirical method, where data is obtained through interviews and the distribution of questionnaires to 25 respondents (shop owners and tenants), as well as case documentation at the Samarinda District Court. The results of the study show that the most dominant form of default is late payment of rent, experienced by 62% of shop owners, followed by misuse of shop functions at 18%, and unilateral termination of contracts at 12%. In terms of dispute resolution, 70% of cases were resolved non-judicially through deliberation and mediation, while 30% resolved through litigation in court. The study also found that most lease agreements were made without the involvement of a notary or legal advisor, so that the clauses of the agreement tended to be simple and legally weak. Thus, this study concludes that default in shop lease agreements in Samarinda City is a real and recurring problem, but it can still be minimized through stronger agreements, the involvement of notaries, and increased legal awareness among the parties. This study is expected to contribute to the development of civil law, particularly in the practice of lease agreements in commercial areas.
INVESTMENT MANAGEMENT AGENCY AFTER THE ENACTMENT OF LAW NUMBER 1 OF 2025 AND ITS IMPLICATIONS FOR REGIONALLY-OWNED ENTERPRISES Nugraha, Dwi Putra; Sigrid, Stephanie; Natasha, Livia Cheryl; The, Jennifer
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.v8i1.1830

Abstract

Article 1 point 23 of Law Number 1 of 2025 concerning the Third Amendment to Law Number 19 of 2003 concerning State-Owned Enterprises brings a new paradigm for the management of State-Owned Enterprises, especially related to the emergence of the Daya Anagata Nusantara Investment Management Agency as a strategic investment super holding company. The presence of this agency marks a fundamental transformation of State-Owned Enterprises, which has legal implications for the concept of separate state assets. However, this change has created a gap with Regionally-Owned Enterprises, which still operate under Government Regulation Number 54 of 2017 concerning Regionally-Owned Enterprises and face limitations in terms of capital, governance, and political intervention. This paper analyzes the relationship between the Investment Management Agency and Regionally Owned Enterprises in the context of decentralization, and explores the relevance and potential of establishing Investment Management Agencies at the regional level. The results of the study show that strengthening regional investment governance through the establishment of regional Investment Management Agencies has the potential to increase efficiency, transparency, and investment attractiveness, while promoting the harmonization of national and regional interests in sustainable development.
JURIDICAL REVIEW ON THE PROTECTION OF INHERITANCE RIGHTS OF ILLEGITTIMATE CHILDREN FROM THEIR BIOLOGICAL PARENTS IN INDONESIA Resty, Ariska Jumai; Asyari, Fatimah; Farahwati; Rokhim, Abdul
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.v8i1.1832

Abstract

The objective of this research is to conduct a juridical examination of the protection of inheritance rights for nonmarital children from their biological father mother under Indonesian law. Nonmarital children have historically faced legal challenges concerning The acknowledgment of the civil status bond between the child and the biological father, which directly impacts their succession rights. This study analyzes provisions of positive law in Indonesia, particularly those regulated under Law No. 1 of 1974 on Marriage, the Compilation of Islamic Law (KHI), the Civil Code and Constitutional Court Decision No. 46/PUU-VIII/2010, which opens avenues for acknowledging the biological relationship between a nonmarital child and their father through evidentiary means such as DNA testing. Additionally, this study discusses the role of gifts (hibah) and obligatory bequests (wasiat wajibah) as alternative legal instruments to safeguard the inheritance status of children resulting from valid marital relationships, particularly within the context of positive law. The findings of this analysis indicate that, although the KHI imposes limitations on sharia lineage, the Constitutional Court decision provides legal certainty and constitutional protection for children born outside official marital bonds to claim Rights to inheritance derived from their natural parents. However, the implementation of this protection continues to encounter technical and cultural obstacles, necessitating further regulatory adjustments and public socialization. This research recommends regulatory adaptations and enhanced access to biological evidence to strengthen the safeguards for the inheritance rights of nonmarital children in Indonesia.
LEGAL PROTECTION FOR WORKERS WITH DISABILITIES IN THE WORKPLACE TO ENSURE EQUALITY AND WELFARE IN INDONESIA Manalu, Bryan Septian; Hadi, Syamsul
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.v8i1.1855

Abstract

This study explores the legal protections for workers with disabilities in Indonesia, highlighting the importance of ensuring equality, inclusivity, and welfare in the workplace. Despite existing laws that safeguard their rights, persons with disabilities still face discrimination, limited job opportunities, and inadequate workplace accommodations. Indonesia has ratified the United Nations Convention on the Rights of Persons with Disabilities (CRPD) and enacted Law Number 8 of 2016 on Persons with Disabilities and Law Number 13 of 2003 on Manpower. However, enforcement remains weak due to poor implementation, lack of supervision, and limited sanctions for non-compliance. Using a normative juridical research approach, this study employs legislative and conceptual methods to review relevant laws, regulations, and literature and assess their effectiveness. Results show that, although legal norms promote equal employment rights, practical challenges persist because of structural and cultural barriers. Institutions like the Disability Service Unit (ULD) and initiatives such as DNetwork play vital roles in improving accessibility and fostering inclusive employment. Additionally, some local inclusive enterprises in South Tangerang demonstrate how community efforts can empower persons with disabilities in the workforce. The study concludes that strong legal protections require not only comprehensive laws but also effective enforcement, cooperation between the government and the private sector, and ongoing public awareness campaigns to combat stigma. Developing inclusive employment policies and adaptable work environments is essential for achieving social justice and advancing the welfare and productivity of workers with disabilities in Indonesia.
POLICY MODEL FOR THE PROTECTION OF INDONESIAN MIGRANT WORKERS’ REMITTANCES BASED ON PANCASILA: A COMPARATIVE ANALYSIS OF PROTECTION MECHANISMS AND SOCIAL JUSTICE VALUES BETWEEN INDONESIA AND THE PHILIPPINES Nurjihan, Lezhna Nayla; Julianti, Utami
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.v8i1.1895

Abstract

Remittances from Indonesian migrant workers significantly contribute to national economic growth while serving as a crucial source of household welfare for their families. However, current remittance governance still faces regulatory and administrative challenges that hinder the full realization of economic benefits for migrant workers. This study aims to analyze Indonesia’s remittance protection policies through the lens of administrative law and international law while formulating an ideal policy model grounded in Pancasila values. This research employs a normative legal methodology using statutory, conceptual, and comparative approaches, particularly contrasting Indonesia’s policies with those of the Philippines. The findings reveal that although Indonesia has established a regulatory foundation through Law No. 18 of 2017 and national financial regulations, the implementation remains insufficient in addressing high transaction costs, limited access to formal financial services, and the widespread reliance on informal channels prone to fraud and loss of funds. Compared to the Philippines, Indonesia lags behind in ensuring interoperable cross-border payment systems, cost transparency, and financial literacy support for migrant workers and their families. Furthermore, weaknesses in regulatory oversight and interagency coordination contribute to unrecorded remittances and inadequate legal protection, especially for undocumented migrants. By adopting the social justice principles of Pancasila as a normative foundation, remittance policies should prioritize cost efficiency, accessible digital financial services, and strengthened supervisory mechanisms across institutions. Therefore, comprehensive government intervention is required to ensure that remittances operate not only as financial transfers but as instruments of equitable welfare and sustainable national development.
BREACH OF CONTRACT IN COMMERCIAL GUARANTEE RELATIONSHIPS: AN ANALYSIS OF DISTRICT COURT DECISION NO. 127/PDT.G/2022/PN JKT.PST Santoso, Angeline Wellvy; Hadiati, Mia
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.v8i1.1908

Abstract

This research examines the legal construction of default in commercial guarantee relationships, focusing on the analysis of District Court Decision No. 127/Pdt.G/2022/PN Jkt.Pst. The background arises from the growing complexity of modern business contracts that position guarantors as equivalent to primary debtors, thereby shifting the legal function of guarantees. This research seeks to examine the legal aspects basis of guarantor liability in cases of debtor default and to assess the judicial interpretation trends regarding contractual obligations. The research applies a normative-juridical approach by reviewing primary legal materials, including primary sources like statutes and judicial rulings, along with secondary materials such as legal literature and journals scholarly. The findings indicate that the court adopted a progressive interpretation of the pacta sunt servanda and good faith principles as the basis for imposing liability on guarantors. The decision reflects a paradigm shift from a formalistic to a contextual and proportional approach that prioritizes substantive justice over mere textual certainty. The study concludes that the standardization of commercial guarantee contracts and consistent jurisprudence are essential to ensure balance between creditor protection and guarantor fairness in commercial transactions.
AFFIRMATION OF WOMEN'S REPRESENTATIVENESS AND ELECTABILITY IN THE IMPLEMENTATION OF THE 2024 SIMULTANEOUS ELECTIONS IN SUMBAWA ISLAND, WEST NUSA TENGGARA Puspitasari, Essy; Firmanto, Taufik; Hadijah
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.v8i1.1597

Abstract

The purpose of this study is to try to find out the rationality of Affirmation of Women's Representation and Electability in the Implementation of Simultaneous Elections in 2024 on Sumbawa Island, West Nusa Tenggara, what are the policies and obstacles encountered. The method used in this study is a mixed method research method where several methods are combined in one research, such as normative methods with empirical methods. Results from this study shows that the quota for women of at least 30 began to be enforced in the 2004 election. However, up to the last legislative election, which was 22.1%. The hope of achieving a minimum quota of 30% female representation has not been met. The originality of this study shows that so far there has been no research on the Affirmation of Women's Representation and Electability in the Implementation of Simultaneous Elections in 2024 on Sumbawa Island, West Nusa Tenggara.
THE EFFECTIVENESS OF THE PROHIBITION OF THE CODE OF ETHICS ON SELF-PROMOTION OF NOTARIES AND ITS IMPACT ON NOTARY PRACTICE IN INDONESIA Hikmawati, Cahya Agustianing Durrah
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.v8i1.1627

Abstract

The Code of Ethics for Notaries in Indonesia strictly prohibits notaries from conducting self-promotion in any form, as regulated in the Notary Position Law and the Code of Ethics for Notaries of the Indonesian Notary Association (INI). This prohibition aims to maintain professionalism, neutrality, and integrity in notarial practice. However, in this digital era, the prohibition is a challenge, especially for novice notaries who have difficulty getting clients. This study analyzes the effectiveness of the prohibition of self-promotion against Notaries, the factors that influence it, and how it impacts notary practice in Indonesia. The research method used in this study is a normative legal research method conducted using a legal material collection approach through library research techniques. The results of this study show that although basically self-promotion of Notary is necessary for a Notary in supporting his profession, he must still pay attention to the professional ethics of the position he holds in order to maintain professionalism, neutrality, and integrity in accordance with the provisions in the Notary Position Law and the Notary Code of Ethics so that he is prohibited from conducting publication or self-promotion, either alone or together, by stating his name and position.
EFFECTIVENESS OF ANTI-DISCRIMINATION IMPLEMENTATION FOR LABOR IN MULTICULTURAL SOCIETY IN BATAM CITY FROM INTERNATIONAL AND NATIONAL LAW PERSPECTIVE Azlyn, Nurul; Shahriyani Syahrullah, Rina; Syarief, Elza
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.v8i1.1670

Abstract

This study aims to evaluate the effectiveness of anti-discrimination policies in the workforce in Batam City, a center of industry with a high diversity of backgrounds. Although international and national regulations have been implemented to reduce discrimination, the practice of discrimination in the workplace is still a significant issue, as evidenced by the high rate of discrimination that occurs, including in Batam City. This study aims to analyze the application of international and national laws in Batam City because the industries in Batam City are comprised of local/national and foreign industries. This research uses a statutory approach and an empirical approach. The research was conducted through in-depth interviews with companies and agencies related to labor policies. The findings show that most companies in Batam City have adopted anti-discrimination policies to realize the international and national legal approaches. However, implementing these policies is often hampered by a lack of understanding and awareness of workers' rights, as well as weak monitoring mechanisms and sanctions for violations. This study recommends increased training on diversity and equality in the workplace, strengthened reporting mechanisms, and stricter law enforcement against perpetrators of discrimination. Thus, it is expected that a more inclusive and fair work environment can be created in Batam City.

Page 47 of 50 | Total Record : 498

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