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Contact Name
Otto Fajarianto
Contact Email
ofajarianto@gmail.com
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Kalimantan timur
INDONESIA
Awang Long Law Review
ISSN : 26557355     EISSN : 26545462     DOI : https://doi.org/10.56301/awl
Core Subject : Social,
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 347 Documents
IMPLEMENTATION OF UTTP EQUIPMENT CALCULATION AND RECAACING IN LAW ENFORCEMENT IN THE FIELD OF LEGAL METROLOGY IN MAKASSAR CITY Fachri Muhammad B; Asis, Abd; Mirzana, Hijrah Adhyanti
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (445.235 KB) | DOI: 10.56301/awl.v5i1.532

Abstract

The purpose of this study was to analyze the implementation of calibration and re-calibration in Makassar City as an effort in law enforcement in the field of legal metrology. The research is empirical-legal research. A research location is a place or area where the author conducts research. In the context of this research, the author conducted research in the city of Makassar, specifically the Regional Technical Implementation Unit for Legal Metrology, Makassar City, Makassar Police Station, and several traders. The reason the author chooses the Makassar City UPTD is that the institution is authorized and competent in providing data regarding the supervision of the implementation of calibration and re-calibration in the city of Makassar. Then at the Makassar City Police, the author will ask for data related to Crime in the Legal Metrology field and some traders to provide information regarding the measuring instruments, measurements, and scales used. The data used are primary data and secondary data. The collected data are then analyzed qualitatively. The results of the study indicate that the authority in the management of legal metrology at the center is carried out by the DITMET of the Ministry of Trade whose task is to carry out the formulation, implementation, and control of policies, drafting guidelines, norms, standards, procedures, and criteria as well as providing technical guidance and evaluation of policy implementation in the field of metrology. legal in order to provide wider space for regions to regulate and manage the lives of their citizens, the central government establishes a regional autonomy policy through Law Number 23 Year 2014 (as was the last amendment through Law Number 9 Year 2015) concerning Regional Government. The transfer of authority for the implementation of the previous calibration and calibration from the provincial government is then transferred to the Regency/City Government, which then each region has the right to form a legal Metrology Unit whose task is to carry out calibration and recalculation. In the case of calibration and recalculation obligations, each UTTP instrument has a period of calibration and recalibration period and the one who is entitled to perform the calibration is the calibrator. As a follow-up to the Regional Government Law, the city of Makassar has established a UML in 2017 through Makassar Mayor Regulation No. 82 Year 2017 concerning the formation, position, organizational structure, duties and functions, and work procedures of the legal metrology technical implementing unit at the trade office.
LEGAL PROTECTION OF FLOWER HAWKERS THROUGH THE PROVISION OF LEGALITY AND BRAND RIGHTS (CASE STUDY IN TONGGONDOA VILLAGE PALIBELO DISTRICT OF BIMA REGENCY) Aman Ma’arij; Gufran
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (216.719 KB) | DOI: 10.56301/awl.v5i1.533

Abstract

This research is a legal research that examines the legal protection of flower snack producers in Tonggondoa Village, Palibelo District, Bima Regency, precisely in RT 03 RW 02 Dusun Doro To'i. The purpose of this research is to provide legal protection in the form of granting legality to flower snacks producers and branding the products of flower snacks in Tonggondoa Village referring to the provisions of the Minister of Trade Regulation Number 77/M-DAG/PER/12/2013 concerning the Issuance of Trading Business Permits and Simultaneous Company Registration Certificates for Trading Companies and Law Number 11 of 2020 concerning Job Creation and Law Number 20 of 2016 concerning Marks and Geographical Indications to improve the welfare of the people in Tonggondoa Village. The method used in this study is an empirical legal research method, with several approaches, including: a statutory approach and a concept approach. The results showed that the flower snack producers in Tonggondoa Village from the legal aspect had not received legality as a business group and the flower snacks produced had not received legal protection in the form of labeling and branding that could increase the selling value of flower snacks. Originality: this research is very important considering that no previous research has been conducted on this matter, considering that the flower snack producers in Tonggondoa Village have been around for a long time but there has not been any effort and attention to the legality of flower snacks producers and legal protection efforts for flower snacks production.
AUTHORITY TO ACT HUSBAND OR WIFE IN MAKING A DEED OF TESTAMENTARY ESTATE (LEGAAT) ON JOINT PROPERTY IN MARRIAGE Jassica Halim; Ahmadi Miru; Nurfaidah Said
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (377.463 KB) | DOI: 10.56301/awl.v5i1.534

Abstract

The purpose of this study was to analyze the actions of the husband or wife in making a deed of the testamentary estate of joint property in marriage. This type of research is normative-legal research, using a legal approach, a conceptual approach, and a case approach. The legal materials used are primary legal materials and secondary legal materials, using library research techniques, qualitatively analyzed using prescriptive presentation techniques. The results showed that the husband or wife's authority to act in making a deed of the testamentary estate (legaat) on joint property in a marriage, namely a capable husband or wife and a lamp to act alone without requiring the approval of the wife or husband, as long as what was granted in the will only and part-owned by husband or wife over the object of joint property in marriage, because if the deed of grant of will on joint property in a marriage is made jointly by husband and wife or made by husband or wife with the consent of the wife or husband, then on the deed of grant of will it will be in danger of being canceled.
POSITION OF WORKERS WITH DISABILITIES ACCORDING TO THE JURIDICAL REVIEW OF THE MANPOWER ACT AND THE EMPLOYMENT CREATION ACT Nilam Hidayah; Imam Budi Santoso
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (346.271 KB) | DOI: 10.56301/awl.v5i1.535

Abstract

This study discusses the rights of persons with disabilities to obtain decent work in order to maintain their lives. Regulations regarding disabled workers have been stated in the Manpower Act and the Job Creation Act. These two laws have not been fully understood and implemented by employers who employ disabled workers, as evidenced by the high number of cases of violations of the rights of disabled workers in various regions. Writing articles using normative juridical research related to researching secondary data and legislation, namely Law Number 13 of 2003 concerning Manpower and Law Number 11 of 2020 concerning Job Creation. The position of disabled workers has been regulated in the Manpower Act, this has met the level of sufficient regulatory policy. However, the emergence of the Employment Creation Law has created a disharmony between the rights or needs for respect and protection of workers with disabilities. The emergence of various cases of violations of the rights of workers with disabilities is a matter of great concern. The Manpower Act and the Job Creation Act have regulated this matter, but have not been able to maximize the protection of disabled workers.
CLASH BETWEEN TWO RESIDENTS IN PROBOLINGGO DUE TO THE ACTUAL LAND RIGHT HOLDER DISPUTE Amajida Firdauz Putri; Mohamad Fajri Mekka Putra
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (379.039 KB) | DOI: 10.56301/awl.v5i1.536

Abstract

This study aims to evaluate the reliability of land title evidence, including tax stakes and land certificates, both of which are issued by authorized institutions in good faith to individuals, corporations, or other legal entities. The most typical way to acquire land rights is through transferring rights, though there are other ways. However, disagreements over the actual owners of the rights develop as a result of changing times and laws. Since two owners acknowledge that one of them is the valid owner of the land, there is a disagreement between 2 (two) residents in this writing. While the other party has a certificate obtained through the buying and selling process, one of the parties has evidence in the form of an Excerpt Letter C Book. Both are accepted as valid proof for land ownership. However, more investigation is required to determine how strong each proof is and how land rights are acquired and transferred.
ANALYSIS OF THE IMPACT OF THE DECISION OF THE CONSTITUTIONAL COURT NUMBER 2/PUU-XIX/2021 ON FIDUCIARY GUARANTEE IN BATAM Jauza Tsania Herdin; Mohamad Fajri Mekka Putra
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (286.074 KB) | DOI: 10.56301/awl.v5i1.537

Abstract

This study aims to determine and analyze the execution of fiduciary guarantees after the Constitutional Court Decision Number 2/PUU-XIX/2021 in Batam and to determine and analyze the impact of these decisions on the legal certainty of fiduciary guarantee certificates. This research is anormative-empirical research. Normative-empirical research combines library research and field research. This research is descriptive. Data was collected using literature studies and field studies. Analysis of the data used in this study is to use qualitative methods. The results showed that the execution of fiduciary guarantees after the Constitutional Court Decision Number 2/PUU-XIX/2021 in Batam was carried out in accordance with Article 29 paragraph (1) of Law Number 42 of 1999 concerning Fiduciary Guarantees. However, the determination of the debtor's breach of contract must be carried out with legal remedies, namely filing a lawsuit for default if the debtor does not provide an agreement on breach of contract and does not voluntarily submit the object of fiduciary security. The legal certainty of the fiduciary guarantee certificate of validity is reduced due to the implementation of self-execution (parate executie) by the creditor can only be carried out if the debtor agrees that he has breached his contract and submits the object of fiduciary security voluntarily.
REVIEW OF CRIMINAL PROVISIONS OF FAKE NEWS (HOAX) BASED ON LEGISLATION IN INDONESIA Haeranah; Muhadar; Hijrah Adhyanti Mirzana; Nur Azisa; Andi Muhammad Lutfi Nurdin
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (276.33 KB) | DOI: 10.56301/awl.v5i1.538

Abstract

The crime of fake news (hoax) is qualified as a material crime, namely a crime that must result in losses in the form of losses to consumers. Consumers are defined as users of manufactured goods (clothing, food, etc.), recipients of advertising messages, and service users (customers and so on). So that Article 28 paragraph (1) jo. Article 45A paragraph (1) of the ITE Law does not cover the general public. The definition of a consumer must be based on Law Number 8 Year 1999 concerning Consumer Protection. In addition, Article 28 paragraph (1) of the ITE Law is not a criminal offense against the act of spreading false news (hoax) in general, but the act of spreading false news in the context of electronic transactions such as online trading transactions. So, it can be concluded that the hoaxes regulated in Article 28 paragraph (1) jo. Article 45A paragraph (1) of the ITE Law is a material offense and its validity is limited to electronic transactions between consumers and producers, such as the sale of certain goods and/or services. So that the article cannot be applied to the general public.
IMPLEMENTATION OF THE TRANSFER OF LAND RIGHTS HAS NOT BEEN CERTIFIED USING A DEED OF SALE AND PURCHASE TO THE LAMONGAN COMMUNITY IN EAST JAVA Dimas Surya Pratama; Nynda Fatmawati Octarina
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (148.86 KB) | DOI: 10.56301/awl.v5i1.539

Abstract

Transfer of rights to land is the transfer of rights to land plots from one party to another in the process of buying and selling a land object. In its implementation, strong evidence is needed in the transfer of land rights so that there is no dispute in the future that harms one of the parties in the sale and purchase of land objects. In its implementation, there are often problems related to the transfer of rights to land that has not been certified. Government Regulation Number 24 of 1997 concerning Land Registration states that for the purposes of transferring rights to the Land Office, the sale and purchase of land rights must be proven by a PPAT deed. Proof of PPAT deeds is important in the transfer of land rights to strong evidence and is recognized by the state as an official authorized to make deeds in accordance with interests. The deed made by PPAT is a requirement to register the land in order to get a certificate on the land.
THE VALIDITY OF THE NOTARY DEED TO REVIEW A TYPE OF ERROR USING A PEN ERASER Yossi Islamiya Pratiwi; Hamzah Halim; Nurfaidah Said
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (300.461 KB) | DOI: 10.56301/awl.v5i1.540

Abstract

The authority of a notary is governed by the Notary Position Act in article 15 paragraph (1). In terms of erasing using a pen eraser, is not allowed and is not regulated in the Notary Position Act. However, if the minutes and copies of the deed remain the same, then the error in the deed is not a substantive error and there is no lawsuit against it. Therefore, the deed is still valid as an authentic deed. Regarding the legal consequences, whether a Notary deed is an authentic deed or not, will be decided by a judge in court.
IMPLEMENTATION OF THE RIGHTS AND OBLIGATIONS OF PUBLIC AND PRIVATE GENERAL HOSPITALS IN MAKASSAR Andi Muhammad Sofyan; Muhammad Djaelani Prasetya; M. Aris Munandar; Muhammad Ihsan
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (374.656 KB) | DOI: 10.56301/awl.v5i1.541

Abstract

This study examines the extent to which the implementation of the rights and obligations of Public and Private General Hospitals in Makassar City and the obstacles that make these rights and obligations difficult to implement. The research method used in this study is the empirical method. The results of this study indicate that the implementation of the rights and obligations at the Regional General Hospital (Rumah Sakit Umum Daerah/RSUD) of Makassar City and the Mother and Child Hospital (Rumah Sakit Ibu dan Anak/RSIA) Ananda has carried out the rights and obligations of the hospital simultaneously. However, in the implementation of these rights and obligations, there are still several obstacles, such as community habits, administrative completeness that does not meet minimum service standards, and other supporting infrastructure. Especially for Makassar City Hospital, the data for health personnel has not been updated as mandated by the Government Regulation on the Implementation of the Hospital Sector. Meanwhile, RSIA Ananda must improve the facilities and infrastructure of the hospital parking lot so that health services can be more optimal and effective, and efficient to carry out.

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