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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 550 Documents
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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.
A JURIDICAL ANALYSIS OF THE CRIMINAL LIABILITY OF PERPETRATORS OF ONLINE CHILD SEXUAL EXPLOITATION Charenitha, Aurellia; Firmansyah, Hery
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.v8i1.1910

Abstract

This study analyzes the criminal liability of perpetrators of child sexual exploitation conducted through online media under Indonesian criminal law. The research applies a normative juridical method with statutory and case approaches. The findings reveal that perpetrators can be held criminally liable if proven to have committed the offense with culpability, as stipulated in the Indonesian Criminal Code, the Child Protection Law, the Electronic Information and Transactions Law, and the Pornography Law. Although the existing legal framework is relatively adequate, law enforcement remains hampered by difficulties in digital evidence collection, overlapping regulations, and low levels of public digital literacy. The study highlights the need for legal reform and preventive strategies focusing on digital literacy and child protection to strengthen the national legal system and ensure comprehensive protection for children in cyberspace in accordance with the best interest of the child principle.
Implementation of Educational Programs as a Strategy for Fulfilling Children’s Rights and Reducing Recidivism in Juvenile Correctional Institutions Patty, Thalia Rizq Aurora; Firmansyah, Hery
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.v8i1.1914

Abstract

This study analyzes the implementation of educational programs as a strategy for fulfilling children's rights and reducing recidivism within the Special Child Development Institution. The right to education is a fundamental mandate of Law No. 11 of 2012 on the Juvenile Criminal Justice System, which ensures that children in conflict with the law continue to receive education, guidance, and skills training as part of their rehabilitation. However, the persistence of juvenile recidivism indicates a gap between legal norms and their practical execution. Employing a qualitative method with both normative juridical and empirical approaches, this research examines the effectiveness of educational program implementation in the Special Child Development Institution. Data were collected through interviews, observations, and a review of legal frameworks and relevant literature. The findings demonstrate that educational programs at the Special Child Development Institution contribute to fulfilling children’s rights by providing access to formal and non-formal education, character development, and vocational training. Nevertheless, their effectiveness in reducing recidivism remains limited due to inadequate facilities, insufficient professional educators, diverse psychosocial backgrounds of the children, and inconsistencies in the educational curriculum. The study affirms that education can serve as a significant instrument for preventing recidivism when supported by structured implementation, consistent mentorship, and strengthened psychosocial interventions. Therefore, optimizing educational programs in the Special Child Development Institution is a strategic step toward ensuring the protection of children’s rights and reducing repeated offending.
IMPLICATIONS OF WAKAF AND GRANTS ON THE DISTRIBUTION OF ISLAMIC INHERITANCE: A CONTEMPORARY POSITIVE LAW AND FIQIH PERSPECTIVE Gita, Reka Dea; Rokhim, Abdul; Farahwati; Safitri, Gusti Heliana
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.v8i1.1925

Abstract

This study examines the influence of waqf and grants on the inheritance distribution system in Islamic law, from the perspective of Indonesian positive law and contemporary Islamic jurisprudence. In Islamic teachings, the distribution of inheritance (al-mirats) is regulated in detail through the provisions of the Qur'an and Hadith, and has received in-depth explanations in classical literature and jurisprudence. The phenomenon of grants and waqf, both before and after the death of the testator, creates its own dynamics due to the intersection of provisions of Indonesian positive law, such as the Compilation of Islamic Law (KHI), and classical and contemporary Islamic jurisprudence. Normatively, waqf and grants have different legal consequences that directly impact the rights of heirs, distributive justice, and potential disputes. This study uses a normative legal approach, examining relevant laws, doctrines, fatwas, and court decisions, to highlight the need for regulatory synergy to ensure justice, legal certainty, and social harmony in the distribution of inheritance in Indonesian Muslim society.
JUSTICE IN THE DISTRIBUTION OF MARITAL PROPERTY UPON THE DISSOLUTION OF MARRIAGE Handayani, Septi Audina; 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.v8i1.1928

Abstract

In marriage, there is joint property that is included in the marital property owned by the couple in the marriage. Indonesia regulates this marital property in several regulations, one of which is Law Number 1 of 1974 concerning Marriage. Joint property is property acquired during marriage by the husband and wife. The existence of property in marriage often becomes a problem when the couple divorces. Divorce can be the beginning of problems regarding property in marriage. Regarding the division of property, it cannot be done arbitrarily, but must be emphasized in terms of fairness. In this regard, the Marriage Law gives freedom to every divorced couple who wish to divide their joint property according to their respective laws. In the provisions of the Marriage Law, joint property, personal property, and earned property are types of property in marriage. This study aims to analyze the legal provisions on joint property in the Marriage Law and the Compilation of Islamic Law, as well as the division of property for divorced couples, which must be based on fairness. This study uses a normative juridical research method through a legislative approach based on written laws in Indonesia as the legal material used.
LEGAL CERTAINTY FOR CONSUMERS IN GOOD FAITH DUE TO THE DEVELOPER COMPANY BEING DECLARED BANKRUPT Hie, Hengky Himawan; Iryani, Dewi; Setiawan, Puguh Aji Hari
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.v8i1.1929

Abstract

The issue of legal certainty for consumers in good faith in buying and selling houses becomes even more important when the developer company is declared bankrupt. Consumers who have carried out their obligations, whether in the form of down payment, installments, and repayment, are often only positioned as concurrent creditors in the bankruptcy settlement process. This study uses normative juridical legal methods with a statutory approach and a conceptual approach. The source of research data was obtained through literature studies which include primary legal materials in the form of the 1945 Constitution of the Republic of Indonesia, the Civil Code, Law Number 8 of 1999 concerning Consumer Protection, Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations, as well as several Supreme Court decisions related to developer bankruptcy cases. Secondary legal materials are derived from books, legal journals, and the results of previous research. Data analysis is carried out by interpreting laws in a systematic, contextual, and comparative manner to obtain the right legal construction. The results of the study show that there is a legal disharmony between the Consumer Protection Law and the Bankruptcy Law. Consumers in good faith are often only placed as concurrent creditors so that they do not get optimal legal protection. In fact, Article 28H of the 1945 Constitution guarantees the right of everyone to live and live properly. Therefore, there is a need for legal reconstruction that places consumers as preferred creditors or given a special position in developer bankruptcy, in order to realize legal certainty, justice, and utility. The author recommends that regulatory reform be carried out through amendments to the Bankruptcy Law by accommodating the legal protection of consumers in good faith as a form of implementation of the principles of social justice.
ANALYSIS OF THE IMPOSITION OF CRIMINAL SANCTIONS ON PERPETRATORS OF HOMICIDE OFFENSES WITH PARANOID SCHIZOPHRENIA Banjarnahor, Shalom Inka Nauli; Rasji
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.v7i2.1932

Abstract

A person suffering from a mental disorder cannot be held criminally responsible, as stipulated in Article 44 of the Indonesian Criminal Code. However, some judges still impose criminal sentences on defendants with mental disorders. One example is Supreme Court Decision Number 1675K/Pid/2024, which concerns a murder case committed by an individual diagnosed with Paranoid Schizophrenia. This study aims to examine the legal basis and juridical considerations used by judges in rendering their verdicts, as well as to analyze how Article 44 paragraph (1) of the Indonesian Criminal Code is applied to perpetrators of murder who suffer from Paranoid Schizophrenia. The author adopts a qualitative normative legal research method, focusing on legal norms contained in legislation, court decisions, and prevailing societal norms. Based on the findings, in Supreme Court Decision Number 1675K/Pid/2024, the panel of judges applied a strict interpretation of Article 44 paragraph (1) of the Indonesian Criminal Code. Although the defendant was proven to suffer from Paranoid Schizophrenia, the judges concluded that the disorder did non entirely eliminate the defendant’s awareness or ability to be held responsible for his actions. Furthermore, the application of Article 44 paragraph (1) of the Indonesian Criminal Code to individuals with mental disorders requires careful evaluation of their mental condition based on expert psychiatric assessments. However, in judicial practice, disparities in interpretation and application of this article still occur.
THE DESIGN OF TERM LIMITATIONS FOR THE REPUBLIC OF INDONESIA'S HOUSE OF REPRESENTATIVES MEMBERS: CONSTITUTIONAL ANALYSIS, REPRESENTATIVE DEMOCRACY, AND THE CHECKS AND BALANCES MECHANISM Sulistafando, Ravidan Maheer; Elviandri; Yulianingrum, Aullia Vivi; Hasmiati, Rahmatullah Ayu
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.v7i2.1941

Abstract

The absence of term limits for legislative members has resulted in a pattern of power entrenchment, thus hampering the process of leadership regeneration and strengthening oligarchic tendencies within parliament. The absence of term limits in the Law of MD3 opens up space for power entrenchment, the formation of political dynasties, conflicts of interest, and a decline in the integrity of representation, reflected in the increasing constituency disconnect, the phenomenon of self-serving legislation, and the high number of legislative corruption cases. Therefore, a comprehensive design is needed to formulate a term limit model that aligns with the constitutional mandate. The study uses normative legal methods through legislative and conceptual approaches, examining the 1945 Constitution, the MD3 Law, the Election Law, Constitutional Court decisions, as well as the theories of constitutionalism, Habermas's deliberative democracy, and Madison's theory of power limitations. The analysis is conducted descriptively-analytical and interpretative-normative to build a cohesive legal argument. The results show that constitutionally, term limits can be justified as an integral part of the principle of power limitation and legal certainty; the current absence of norms has been shown to reduce the effectiveness of the representation function and open up opportunities for abuse of authority. From a leadership regeneration perspective, term limits increase the plurality of political actors, reduce incumbency advantage, and encourage policy innovation, while simultaneously breaking patronage networks that hamper oversight functions. Meanwhile, from a checks and balances perspective, term limits can strengthen the collegial independence of the House of Representatives (DPR) and increase the credibility of its oversight function over the executive, but they need to be designed proportionally to avoid creating an expertise gap or disrupting policy continuity.

Page 50 of 55 | Total Record : 550

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