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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 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.
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.
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.
THE LEGAL POSITION OF CHURCH MARRIAGE FROM THE PERSPECTIVE OF MARRIAGE LAW AND THE CONSTITUTIONAL RIGHTS OF CHRISTIANS IN INDONESIA Keda, Yohanes Payong; Rokhim, Abdul; Hendrayanto, S Roy; Imron
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.v8i1.1864

Abstract

Marriage in the Christian tradition has undergone a historical development, from a simple community practice in the ancient Roman world, where a personal declaration of commitment between the prospective bride and groom was considered valid, to becoming a sacred and legal institution elevated as a sacrament of the church. The 11th-century Reformation of the Catholic Church and the 16th-century Council of Trent strengthened the sacramental status of marriage, requiring its publication and solemnization before the church community to avoid disputes and ensure legal and theological validity. In Indonesia, the practice of church marriage was influenced by the colonial legal system, which required civil registration in addition to a church blessing. Today, a church blessing is considered to fulfill the spiritual aspect, while registration at the Civil Registry Office is an absolute prerequisite for legal recognition and protection of the constitutional rights of Christian families. This research uses a normative juridical method with a study of regulations, doctrines, and implementation practices. The research results show that there is a dualism of recognition—a valid church marriage may not be legally recognized by the state without civil registration, which has an impact on the legal status, inheritance, and administration of children. Analysis of church legal theory, formal state legality, constitutional rights, and legal certainty emphasizes the importance of harmonization between positive law and the sacred values of the church so that the rights of Christian families are comprehensively protected. The research recommendations emphasize the need for public education, church advocacy, and inclusive state services so that church marriages receive full spiritual and legal recognition in Indonesia.
STATE AUTHORITY IN LAND CONTROL: CONSTITUTIONAL ANALYSIS OF THE IMPLEMENTATION OF ARTICLE 33 PARAGRAPH 3 OF THE 1945 CONSTITUTION Rizky, Ahmad Valdo; Isnawati; Putri, Dina Paramitha Hefni; Ismail, Rezky Robiatul Aisyiah
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.v8i1.1865

Abstract

This study seeks to explore comprehensively the application of Article 33 paragraph (3) of the 1945 Constitution, which governs the state’s authority over land ownership, through philosophical, historical, and sociological lenses. Philosophically, the notion of state control over the earth, air, and natural resources underscores the role of the state as the supreme steward entrusted with managing these assets for the collective welfare of its citizens, rather than as a private proprietor. This principle reflects the ideals of social justice that were abolished in the values of Pancasila. Historically, the transformation from the colonial concept of domein verklaring to the UUPA system illustrates a shift in the paradigm of land management in order to affirm the nation's rights to natural resources. Sociologically, the state is present as a regulator to guarantee fair land distribution and the protection of community rights, including customary rights, amidst the dynamics of economic growth and urbanization. The constitutional mandate contained in Article 33 paragraph (3) of the 1945 Constitution affirms that every land governance policy should prioritize the prosperity of the people by ensuring harmony between private rights and collective interests, while simultaneously preventing the concentration of ownership and potential land-related disputes.
POSITION OF LAND EXAMINATION BY JUDGES IN ADMINISTRATIVE COURTS OVER LAND CERTIFICATE DISPUTES Harahap, Hasanul Raya; Isnawati; Asyari, Fatimah; Putri, Dina Paramitha Hefni
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.v8i1.1867

Abstract

Land certificate disputes are a frequent legal issue in Indonesia, in line with the increasing demand for land, its high economic value, and the position of certificates as legal evidence of ownership rights and the object of state administrative decisions. Various problems such as overlapping certificates, administrative errors, and overlapping authority between the State Administrative Court (PTUN) and the District Court, often give rise to legal uncertainty and have implications for social unrest in society. Therefore, this study focuses on a juridical-normative analysis of the role and authority of PTUN judges in examining and deciding cases related to land certificate disputes. The results show that PTUN judges play a strategic role as testers of the legality of land administration decisions, guarantors of legal certainty, and protectors of community rights through judicial oversight mechanisms. On-site inspections by judges are crucial as an effort to objectify field facts and enforce the principle of legality. This study emphasizes the need for regulatory synergy and increased integrity of the land bureaucracy so that legal protection and substantive justice for land rights are truly realized.

Page 48 of 50 | Total Record : 498

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