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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 550 Documents
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LEGAL POSITIVISM: A COMPARATIVE STUDY OF MODERNITY IN THE INDONESIAN CRIMINAL JUSTICE SYSTEM Sulaiman; Syaifuddin; Syamsuddin; Hajairin
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.v8i1.1672

Abstract

In practice and reality, legal positivism tends to be detrimental to justice seekers, legal positivism is formal and can only realize justice procedurally. This study uses normative legal research to inventory positive law, find legal principles and doctrines, with several approaches, the first is the Legislative Approach, Second, the conceptual approach is carried out by examining concepts, theories and opinions of experts that are related to the object being studied. Third, the comparative approach is a way of comparing to understand the law. The results of the study show that the law itself is always viewed as written law (law as it written in the books) in the text of legislation or law is law (law is law) only, even though the law itself should also be seen from the facts that occur in the field, for example those processed in court hearings. However, in positive law, the police, prosecutors and judges or other formal legal institutions cannot be blamed because they only fulfill and implement the formulation of the law which does not provide an opportunity for law enforcement officers to act according to their conscience. Even though judges are given freedom according to their conscience, if faced with complete evidence, there is no reason for the judge not to decide the case. Therefore, in the author's opinion, legal positivism is seen as unable to realize substantively just law for justice seekers but is only able to realize formal legal certainty and procedural justice in the implementation of the criminal justice system.
THE IDEAL CONCEPT FOR THE USE OF SUPPORT FUND BY THE UNITED DEVELOPMENT PARTY IN CILEGON CITY BANTEN TOWARDS COMMUNITY POLITICAL EDUCATION King Faisal Sulaiman; Muzakki, Ardi
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.v8i1.1712

Abstract

This research discusses the implications of the United Development Party (PPP)’s support fund in Cilegon City, Banten, on community political education during the 2016-2021 period. The main objective of this research is to analyze the effectiveness of the use of party support funds in improving people's political understanding, as well as identifying obstacles in its management. The research method used is a qualitative approach with descriptive analysis, which includes literature studies and interviews with relevant parties, such as party administrators and community beneficiaries of political education programs. The results showed that although support funds have been allocated for political education programs, their use still faces various challenges, such as complex disbursement procedures, lack of transparency, and a larger allocation of funds for party operations than for political education programs. In addition, the lack of coordination between the DPC of PPP Cilegon City and the central party is also an obstacle to the effectiveness of the program. Supervision and evaluation of the use of funds are also still limited, thus reducing the impact of political education for the community. This research recommends optimizing the use of support funds by increasing the allocation for political education, increasing transparency and accountability in fund management, and strengthening coordination between the DPC and the central party. In addition, innovations in political education methods, such as the use of digital technology and social media, can increase the reach and effectiveness of the program.
DIGITAL REFORM IN LEGAL COMPLAINT DRAFTING: CONSTRUCTION OF AN AI-BASED PLANNING SYSTEM TO REDUCE THE RISK OF OBSCURE LIBEL Bunda, Ridho Harapan; Aida, Welven; Utami, Urfi
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.v8i1.1766

Abstract

Digitalization in legal practice is becoming increasingly essential, especially in the drafting of legal claims, which demands high accuracy and certainty. Errors in drafting can result in obscuur libel rulings, potentially obstructing the litigation process. To address this, innovation is needed to enhance the accuracy and effectiveness of legal document preparation. The use of Artificial Intelligence (AI) is expected to significantly improve this process by helping legal practitioners produce more precise documents and reduce legal uncertainty. This research aims to design an AI-based system that is both technically precise and legally compliant, enhancing the clarity of claim substance. The objective is to reduce the risk of obscuur libel rulings, promote adaptive and accountable court digitalization, and optimize the drafting process. This study employs a Research and Development (R&D) approach using the ADDIE model (Analysis, Design, Development, Implementation, Evaluation). It begins with a needs analysis to identify the issues faced by legal practitioners, followed by the development of a system using Natural Language Processing (NLP) techniques to automate legal document preparation. The system is designed to help practitioners draft legal claims more accurately and efficiently. The results show that the AI-based system reduces drafting time by up to 70% compared to manual methods. The system also consistently detects ambiguous sentences and legal errors. Feedback from legal practitioners confirms that the user interface is intuitive and accessible, even for those without technical backgrounds. The automated feedback and recommendations based on NLP enhance the clarity and precision of legal documents. In conclusion, the system demonstrates great potential in improving the efficiency and accuracy of legal claim drafting, contributing significantly to the digitalization of the legal field.
LEGAL CERTAINTY AND JUSTICE FOR NON-FISCAL CREDITORS IN TAX CONFISCATION AND BANKRUPTCY PUBLIC CONFISCATION CONFLICTS Natalia, Rachel; Suhariyanto, Didik; Iryani, Dewi
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.v8i1.1782

Abstract

Bankruptcy as a mechanism for collective debt settlement aims to realize a fair and proportionate distribution of debtors' assets based on the principle of pari passu prorata parte. However, the existence of the state's right of precedence in tax collection, as stipulated in Law Number 19 of 2000 concerning Tax Collection by Compulsory Letter, often causes conflicts with the principle of bankruptcy in Law Number 37 of 2004 concerning Bankruptcy and PKPU. This normative conflict creates legal uncertainty, especially for non-fiscal creditors whose rights have the potential to be marginalized. The Supreme Court Decision Number 557 K/Pdt.Sus-Pailit/2018 is important to examine because it illustrates the tension between the position of tax confiscation and general confiscation in bankruptcy, as well as the extent to which the principle of distributive justice and the principle of creditor equality can be applied. This research is a normative legal research with legislative, conceptual, and case approaches. The research data in the form of primary, secondary, and tertiary legal materials were collected through literature studies, then analyzed descriptively-analytically using the theory of legal certainty and the theory of distributive justice. The focus of the study is directed at legal certainty for non-fiscal creditors in tax seizure and public confiscation conflicts, as well as the application of the principle of distributive justice and the principle of pari passu prorata parte in bankruptcy practice in Indonesia. The results of the study show that Supreme Court Decision Number 557 K/Pdt.Sus-Pailit/2018 provides significant legal protection for non-fiscal creditors by rejecting the absolutism of the state's right of precedence, while reaffirming the principle of distributive justice in the distribution of bankruptcy assets. However, the legal certainty that was born was still formal because the inconsistency between the Bankruptcy Law and the Tax Law had not been fully harmonized. Therefore, regulatory reconstruction is needed to unify norms related to tax confiscation and general confiscation, as well as the consistency of Supreme Court jurisprudence in order to create fair and balanced legal certainty for all creditors.
COLLABORATIVE GOVERNANCE BETWEEN LEGAL AID INSTITUTIONS AND THE MINISTRY OF LAW IN PROTECTING THE POOR COMMUNITIES RIGHTS Sihombing, Grace Kelly Hadi Putri; Listiana, Yunika Depri; Mustikasari, Eka
Awang Long Law Review Vol. 8 No. 2 (2026): 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.v8i1.1807

Abstract

This study examines how the Legal Aid Institute (LAI) and the Ministry of Law in West Kalimantan Province have partnered to provide legal aid to the underprivileged through collaborative governance. Although access to justice is a human right guaranteed by the Constitution, structural, social, and economic barriers make it difficult for the impoverished actually to obtain it. Even though the state’s duty to provide free legal aid services has been upheld by Law Number 16 of 2011 concerning Legal Aid, program accomplishments at the regional level still reveal a disconnect between goals and actualization. Only 37 of the 87 litigation legal aid cases intended for West Kalimantan Province in 2024 were completed. In-depth interviews, field observations, and document analysis are among the data collection methods used in this descriptive qualitative study. Four legal counsellors from the Ministry of Law’s Regional Office, two managers and advocates from partner LAIs, and recipients of community legal aid were purposively selected as informants. The Legal Aid Database Information System (Sistem Informasi Database Bantuan Hukum/SIDBANKUM) application was used to conduct observations over several weeks on the legal consultation process, investigation support, trial support, and administrative reporting. The Ansell and Gash collaborative governance framework, which highlights the initial conditions of collaboration, institutional Design, facilitative leadership, and collaborative processes such as face-to-face communication, trust-building, commitment to shared goals, and shared accomplishments, was used to analyze the data. The study’s conclusions show that although cooperation between LAI and the Ministry of Law has been formally established through cooperation contracts and accreditation procedures, it has not yet been implemented as effectively as it could. Low trust between actors and a lack of commitment to common objectives have been caused by resource inequality, complicated administrative processes, financial limitations, poor communication, and a lack of cooperative assessment. This study demonstrates that a critical precondition for improving the efficacy and sustainability of equitable legal aid provision is strengthening the relational dimension of collaborative governance through enhanced facilitative leadership, streamlined procedures, and the deliberative involvement of LAI.
ANALYSIS OF A GOOD GOVERNANCE-BASED PUBLIC COMPLAINT SYSTEM: A NORMATIVE-EMPIRICAL APPROACH TO REALIZE INCLUSIVE AND ACCOUNTABLE JUDICIAL SERVICES Khaerulnisa; Ali Rahman
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.v8i1.1808

Abstract

Public service in the judicial sector is a key indicator of state accountability as well as a reflection of public trust in legal institutions. However, the complaint system at the Makassar District Court still faces various normative and structural obstacles that hinder the realization of good governance principles. This study aims to analyze the effectiveness of the public complaint system within the judiciary and to identify the barriers that emerge in its implementation. The research employs a normative-empirical approach, combining legal analysis of public service regulations with field observations through interviews, documentation, and case studies. The findings reveal that although several digital innovations have been introduced, such as e-Court, SIPP, and e-Berpadu, the complaint system has not yet fully ensured transparency, accountability, and equal access for all justice seekers. The main challenges include regulatory harmonization, limited human resource capacity, cultural resistance, inadequate infrastructure, and fragmented complaint channels that lack integration. These results highlight the need for a policy model that integrates top-down regulations with bottom-up community participation, in order to create an inclusive, transparent, and accountable complaint mechanism in line with the principles of good governance.
ELIMINATING DOMESTIC VIOLENCE FROM THE PERSPECTIVE OF THE PRINCIPLE OF BALANCE Muhadar, Nemos
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.v8i1.1815

Abstract

This dissertation is entitled "The Elimination of Domestic Violence According to the Perspective of the Principle of Balance." Domestic violence (KDRT) fundamentally violates the goals of marriage—to form a happy, perpetual, and harmonious family—and constitutes a gross violation of human rights. Despite the existence of Law Number 23 of 2004 concerning the Elimination of Domestic Violence (UU PKDRT), the prevalence and complexity of domestic violence cases continue to rise, urging a philosophical and doctrinal re-evaluation of the current legal framework. This study addresses two pivotal legal issues: (1) the underlying philosophy of eliminating domestic violence from the perspective of the Principle of Balance, and (2) the necessary reformulation of the arrangement for eliminating domestic violence based on this principle. The research method is normative legal research using conceptual, statutory, case, and comparative approaches. The current UU PKDRT criminal sanctions are limited to imprisonment and fines. This limitation results in an imbalance, particularly when a victim (eg, a wife) seeks both justice for the abuse and the preservation of her family unit, a core objective explicitly stated in the Law. This study concludes that the Principle of Balance, rooted in monodualistic justice and aligned with Restorative Justice, necessitates the accommodation of alternative criminal sanctions (such as supervision or social work) for certain types of domestic violence. This reformulation is essential for bridging the gap between retributive punishment and the ultimate goal of maintaining a harmonious and prosperous household (ius constituendum).
LEGAL PROTECTION FOR THE CONCEPT OF GREEN NOTARY FOR NOTARIAL OFFICERS Dzakiah, Wanda Putri; Rahayu, Mella Ismelina Farma
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.v8i1.1858

Abstract

The growing emphasis on sustainability within the legal sector has given rise to the concept of the green notary, which promotes digitalization and the reduction of paper-based documentation in notarial practices. This study examines the legal protections afforded to Notaries who adopt green notary practices in Indonesia. Employing a normative juridical research method, this study reviews applicable laws, legal doctrines, and scholarly literature, with particular focus on the compatibility of green notary practices with the principles of legal certainty, professional responsibility, and notarial ethics. The findings indicate that although the green notary concept has not yet been expressly regulated, existing legal frameworks—namely the Notary Law, the Electronic Information and Transactions Law, and the Personal Data Protection Law—may serve as an implicit legal basis for its implementation. The application of green notary practices introduces important legal implications relating to the scope of notarial authority, professional accountability, data protection obligations, and ethical conduct. Accordingly, regulatory harmonization, the establishment of detailed operational guidelines, and the formulation of digital professional ethics standards are essential to ensure that green notary practices are legally valid, efficient, and sustainable in the contemporary digital era.
NORMATIVE STUDY OF THE RIGHT TO SPACE IN THE INSTALLATION OF DIGITAL INFRASTRUCTURE Putra, Igo Primantara Ari; Syahriar, Irman; Putri, Dina Paramitha Hefni; Khairunnisah
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.v8i1.1862

Abstract

This research is entitled Normative Study of the Right to Space in the Installation of Digital Infrastructure, which aims to analyze the legal and justice aspects in the use of space for the development of digital infrastructure in Indonesia. The development of digitalization demands the availability of legal and equitable space for the installation of towers, fiber optic networks, and other supporting devices. In a legal context, the right to space originally focused on physical development, but has now expanded to encompass the need for digital space as a vital public facility. The method used is doctrinal legal research with a statutory and conceptual approach, examining the suitability of legal norms governing the management of physical space as regulated in Spatial Planning Law Number 26 of 2007 and digital. The study results show that the regulation of spatial rights for digital infrastructure must guarantee the principles of legality, social justice, transparency, and public participation. The state plays a central role in regulating and ensuring equal access, data protection, and equitable distribution of digital benefits for all members of society. This research emphasizes the importance of adaptive and equitable digital legal transformation so that infrastructure development does not create disparities, but rather realizes inclusive, safe, and sustainable spatial planning in the era of technological transformation.
LEGAL PROTECTION FOR CLEANING SERVICE WORKERS ON CAMPUS: AS SEEN IN THE FACE OF EMPLOYMENT LAW Saputra, Angga Risqi; Isnawati; Farahwati; Ekawati
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.v8i1.1863

Abstract

This study aims to examine the form and extent of effectiveness of legal protection provided to cleaning service workers on campus from the perspective of the Manpower Law. Cleaning service workers play a crucial role in maintaining cleanliness and creating a comfortable atmosphere on campus, but their position is often vulnerable due to being tied to contract work systems or outsourcing mechanisms. This study uses a normative-empirical juridical approach, combining analysis of laws and regulations, legal theory and doctrine, and empirical findings obtained through interviews and field observations. The results show that, normatively, Law Number 13 of 2003 concerning Manpower, as amended by Law Number 6 of 2023, provides a strong basis for legal protection for workers, including outsourced workers. However, its implementation on campus has not been optimal. Various violations of workers' normative rights have been found, such as below-standard wages, lack of social security, violations of leave rights, and weak implementation of occupational safety and health (K3). The main factors contributing to weak legal protection include a lack of oversight by universities and the Department of Manpower, low legal awareness among workers and service providers, and a lack of internal complaint mechanisms within educational institutions. Effective legal protection not only ensures legal certainty but also realizes social justice and respect for human dignity, as embodied in the values of Pancasila and the ideals of national labor law.

Page 48 of 55 | Total Record : 550

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