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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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THE ROLE OF AGRARIAN REFORM IN RESOLUTION OF TENURIAL CONFLICTS IN THE LEGISLATION AREA Al-Ikhsan, Rifal; Farahwati; Ismail, Rezky Robiatul Aisyiah; Charsarino, Heribertus Richard
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.v8i1.1868

Abstract

Land ownership and control disputes in Indonesia are complex legal issues, rooted in unequal land distribution, overlapping laws and regulations, and minimal recognition of the rights of indigenous peoples and local communities. From the colonial period to the reform era, agrarian policies in Indonesia have often created legal uncertainty, particularly regarding the designation of state forest areas and conservation that ignore community customary rights. Agrarian reform exists as a strategic instrument to address structural inequalities, resolve land disputes, and realize social justice as mandated by MPR Decree No. IX/MPR-RI/2001 and UUPA No. 5 of 1960. This study uses a normative method by examining various laws and regulations, doctrines, and legal theories related to agrarian matters and the resolution of tenurial conflicts. The results show that the effectiveness of agrarian reform in resolving tenurial conflicts is highly dependent on the harmonization of cross-sectoral regulations, the strengthening of state institutions such as the Agrarian Reform Task Force (GTRA) and the ATR/BPN, and the recognition of indigenous peoples' rights. The theoretical approach of national agrarian law, social justice, and a holistic legal system emphasizes that agrarian reform is not merely land redistribution, but also a process of legal renewal and agrarian governance that is just, participatory, and sustainable. Therefore, agrarian reform must be positioned as the primary legal instrument in resolving tenure conflicts, leading to legal certainty and social justice for all levels of society.
NORMATIVE ANALYSIS OF LAND CONTROL FOR THE DEVELOPMENT OF THE ARCHIPELAGO'S CAPITAL Tsabira, Pinkan Nazhwa Izza; Asyari, Fatimah; Farahwati; Kamaludin
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.v8i1.1869

Abstract

Transfer The National Capital (IKN) from Jakarta to East Kalimantan is milestone big one that carries implications wide to order space, politics agrarian, as well as mastery land in scale massive. Study This analyze in a way normative policy IKN land based on Constitution Number 3 of 2022 in conjunction with Law No. 21 of 2023, Regulation President, and regulation implementer other. Focus study directed on authority IKN Authority (OIKN) in management land, scheme giving right term long (HGU 190 years, HGB up to 160 years), and problem normative consequences​ related certainty, justice, and protection right public local. Findings study show that even though regime law IKN land is designed as lex specialist for support acceleration development, practice procurement land Still leaving overlapping problems overlap claim between country, society customs (ulayat), and used ownership kingdom (sultan grond), accompanied limited protection law to public affected. With use Theory Rawls's justice, function social land, and draft right customary law, research This emphasize that policy IKN land must ensure distribution benefit Andjustice substantive, in particular for group prone to. Recommendation main covering acceleration harmonization regulations national-regional-customary, review repeat scheme right land term length, reinforcement protection right customary law, as well as implementation mechanism participatory and transparent in every Stages mastery land. With However, IKN development is not only oriented on investment and infrastructure, however Also in harmony with Principle justice agrarian and mandate constitution.
LEGAL PROTECTION FOR INDONESIAN CITIZENS IN LAND OWNERSHIP DISPUTES INCLUDED IN COAL MINING BUSINESS PERMIT CONCESSIONS Kapasian, Leonard Ibsan; Rosifany, Oni; Khairunnisah; Syahriar, Irman
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.v8i1.1870

Abstract

This study examines the form and effectiveness of legal protection for Indonesian citizens in guaranteeing land ownership within coal mining concession areas. The primary focus is on the tension between national economic interests in the mining sector and community land rights guaranteed by the constitution. This study uses a normative juridical method with a regulatory approach, legal theory, and empirical case studies in several mining areas such as Kutai Kartanegara and Paser. The results indicate that land conflicts in IUP areas are generally revoked due to overlapping ownership claims, weak land administration verification (SKT/SKPT), and minimal government oversight. The state, based on the theory of the Right to Control (HMN), has a constitutional mandate to regulate, manage, and oversee the utilization of natural resources for the welfare of the people. However, its implementation is still biased towards corporate interests, so that community rights are often neglected. This study recommends the implementation of responsive laws, strengthening the social function of land rights, and transparent and pro-community mechanisms for peace and conservation resolution. True legal protection can only be achieved if the state acts not merely as a regulator but also as an active protector of citizens' rights against the impacts of the expansion of the coal mining industry.
RATIO LEGIS FOR THE ABOLITION OF GIRIK AS EVIDENCE OF LAND OWNERSHIP UNDER GOVERNMENT REGULATION NUMBER 18 OF 2021 Putri, Eka Ratna; 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.v8i1.1882

Abstract

Land holds a crucial role in the lives of Indonesian people, serving not only as an economic asset but also as a social and cultural symbol. However, land ownership based on girik documents often leads to disputes due to the uncertainty of its legal status. This study aims to analyze the ratio legis behind the abolition of girik as evidence of land ownership based on Article 96 of Government Regulation Number 18 of 2021, which mandates the conversion of all customary lands into certificates no later than 2026. The research method employed is normative juridical, using statutory and conceptual approaches. The data sources include primary, secondary, and tertiary legal materials analyzed qualitatively. The results show that the abolition of girik is grounded in the principles of legal certainty, administrative justice, and the need to establish an orderly and integrated national land administration system. This policy is a logical consequence of the transition of Indonesia’s land law system toward a single system based on certificates as the only valid proof of ownership. The abolition of girik is expected to prevent agrarian disputes, reduce opportunities for land-related fraud, and promote a fair and modernized land administration system that ensures legal certainty.
PROTECTION OF CHILDREN'S RIGHTS IN CUSTODY DISPUTES AWARDING GUARDIANSHIP TO GRANDPARENTS FROM THE PERSPECTIVE OF THE CONVENTION ON THE RIGHTS OF THE CHILD Anggraini, Ratu Mutiara; 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.v8i1.1884

Abstract

The protection of children’s rights constitutes a fundamental legal and social concern because it directly affects children’s future, welfare, and development as vulnerable legal subjects; in custody disputes, the judiciary plays a pivotal role in ensuring that the best interests of the child remain the paramount consideration. Although the international framework, notably the Convention on the Rights of the Child, and national regulations affirm this principle, judicial practice reveals implementation complexities shaped by social, psychological, and economic factors. This study aims to analyze the application of the best interest of the child principle in custody dispute rulings (case study: Decision No. 167/Pdt.G/2021/PN Plk) and its implications for child protection. The research employs a normative-empirical juridical method through statutory and doctrinal review combined with case law analysis as empirical evidence. The findings indicate that judges tend to prioritize the child’s holistic welfare by weighing factual evidence concerning caregivers’ financial capacity, emotional stability, and any conduct endangering the child; in the examined case, custody was transferred to the grandparents due to substantiated concerns about the biological parent’s fitness. Moreover, the study reveals procedural shortcomings such as the sporadic use of systematic child-psychological expert testimony and weak post-decision monitoring mechanisms that leave residual risks to children’s rights. The research further highlights the need to harmonize international norms with domestic practice, to incorporate standardized psychosocial assessment tools into adjudicative processes, and to establish regular oversight of enforcement. Consequently, judicial decisions grounded in the best-interest principle must be supported by multidisciplinary procedures and enforceable follow-up measures to ensure effective protection of children’s rights.
THE PRINCIPLE OF JUSTICE IN SUPREME COURT DECISION NO. 675 K/PDT.SUS-PHI/2025 FOR WORKERS Imanuela, Pricillia; Rasji
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.v8i1.1898

Abstract

This study aims to analyze the effectiveness of Judicial Review as a substantive corrective legal remedy against Supreme Court cassation decisions that fail to grant the full scope of workers’ normative entitlements in cases of unilateral termination of employment, as well as to identify the critical barriers that limit workers’ access to such remedies. This research employs a normative juridical method with a statutory and case-study approach, focusing on a critical analysis of Supreme Court Decision No. 675 K/Pdt.Sus-PHI/2025. The findings conclude that Judicial Review holds significant potential as a safeguard for justice in correcting discrepancies in cassation decisions that grant only a minimal portion of workers’ rights. However, this potential is hindered by two layers of constraints: regulatory uncertainty due to the absence of specific provisions on Judicial Review within the Law on Industrial Relations Dispute Settlement, and practical obstacles arising from the Supreme Court’s restrictive judicial posture combined with the high financial and temporal burdens imposed on workers. It is recommended that the Supreme Court issue a Supreme Court Regulation easing the requirements for Judicial Review for workers based on the favor laboris principle, in order to realise substantive justice that is prompt, simple, and cost-efficient.
LEGAL IMPLICATIONS AND NEW CUSTOMS REGULATIONS ON JASA TITIP PRACTICES IN INDONESIA Leman, Brandon Angelo; Lawritz, Filbert; Laurensia, Jesslyn; Nugraha, Dwi Putra
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.v8i1.1904

Abstract

The Directorate General of Customs plays a crucial role in regulating the inflow of goods into Indonesia. Digitalization and increasing consumer demand for foreign products have driven the growth of personal shopping services. This activity is often misused through splitting to avoid import duties and taxes. This study aims to analyze the legal implications of the new Customs regulations on personal shopping practices. A normative legal method was applied using a statutory and conceptual approach with primary and secondary legal sources. The discussion shows that splitting is categorized as passive smuggling under Article 102 of Law Number 17 of 2006 on Customs. The government, through Regulation PMK 199/PMK.010/2019, sets import duty exemption limits for personal goods and strengthens oversight mechanisms. Offenders are subject to criminal penalties, fines, and administrative sanctions. The study concludes that Customs regulations do not prohibit personal shopping but aim to ensure compliance and protect state revenue.
EXPLOITATION OF LEGAL LOOPHOLES BY FIXED-TERM EMPLOYMENT WORKERS IN THE CONTEXT OF COMPENSATION PAYMENTS FROM THE PERSPECTIVE OF LEGAL UTILITY Saputra, Diwa; Adam, Richard C.
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.v8i1.1905

Abstract

The Fixed-Term Employment Agreement is a form of employment relationship limited by a specific period, as regulated under Law Number 13 of 2003 on Manpower, as amended by Law Number 11 of 2020 on Job Creation, along with its implementing regulation, Government Regulation Number 35 of 2021. One of the regulatory innovations introduced by these instruments is the concept of compensation payment for Fixed-Term Employment Agreement workers, regardless of the reason for the termination of employment. However, in practice, this provision has created a legal loophole that may be exploited by workers to obtain compensation even when, in substance, such entitlement does not meet the criteria of fairness. This study aims to analyze the forms of legal loophole exploitation by Fixed-Term Employment Agreement workers in the implementation of compensation payments and to examine this phenomenon from the perspective of legal utility. The research employs a normative juridical method using both statutory and conceptual approaches. The results indicate that the lack of normative clarity in Government Regulation Number 35 of 2021 particularly concerning the conditions for granting compensation and the mechanisms of its supervision has opened opportunities for misuse of rights by workers. From the perspective of legal utility, this demonstrates that the current regulatory framework has not yet fully achieved a balanced social benefit between workers and employers.
ASSESSING LEGAL CERTAINTY IN SENTENCING AGGRAVATION IN THE DECISION OF THE CENTRAL JAKARTA DISTRICT Natashya, Jasmine; Adhari, Ade
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.v8i1.1906

Abstract

One crime that cannot be avoided is violence. Joint criminal acts of violence as regulated in Article 170 of the Criminal Code often result in serious injury and can even cause death to the victim. This study analyzes the application of aggravated punishment in the Central Jakarta District Court Decision No. 200/Pid.B/2025/Pn.Jkt.Pst through the effects of the perpetrator's use of acid, which caused third-degree burns covering 4.5% of the total surface area of the victim's face. The research method used by the author is normative legal research using a legislative approach to examine laws and regulations. The result of the research on Central Jakarta District Court Decision No. 200/Pid.B/2025/Pn.Jkt.Pst is that the sentence imposed was one year and two months in prison, far below the maximum penalty of nine years specified in the Criminal Code. This condition shows an imbalance between the severity of the consequences and the lightness of the punishment, which ultimately causes legal uncertainty in the application of Article 170 of the Criminal Code.
CRIMINAL LIABILITY OF PERPETRATORS OF SIM CARD REGISTRATION DATA HACKING UNDER THE EIT LAW AND THE PDP LAW Putri, Inayah Fasawwa; 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.v8i1.1909

Abstract

The 2022 incident involving the leakage of 1.3 billion SIM card registration data severely undermined public trust in personal data security in Indonesia. This incident revealed weaknesses in data governance and the suboptimal implementation of legal protection for digital privacy. This study aims to analyze the criminal liability of perpetrators involved in the hacking of SIM card registration data based on Law Number 1 of 2024 concerning Electronic Information and Transactions (EIT Law) and Law Number 27 of 2022 concerning Personal Data Protection (PDP Law). The research employs a normative juridical method with statutory and case approaches. The findings indicate that both laws have different scopes and approaches yet are mutually complementary: the EIT Law emphasizes unauthorized access and disruption of electronic systems, while the PDP Law focuses on the unlawful misuse and disclosure of personal data. The combination of both laws provides a crucial legal foundation to prosecute data hacking perpetrators, although in practice, challenges remain in digital evidence collection, normative disharmony, and inter-agency coordination. Effective law enforcement requires harmonization in the application of both laws, the strengthening of digital forensic capacity, and the establishment of a strong and independent data protection authority.

Page 49 of 50 | Total Record : 498

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