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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 533 Documents
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THE ENFORCEMENT OF THE LAND REGULATORY FRAMEWORK AGAINST ABANDONED AND ABSENTEE LAND Kholil, Muhammad; Hasmiati, Rahmatullah Ayu; Elviandri; Surahman
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.v7i2.1942

Abstract

This research is motivated by the increasing problem of abandoned land and absentee land, which indicates the ineffective enforcement of the land regulatory framework despite the comprehensive formulation of normative frameworks such as the Basic Agrarian Law (UUPA), Government Regulation No. 20 of 2021, and Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency (BPN) No. 20 of 2021. Uncultivated land and agricultural land ownership by owners not domiciled in the area result in inefficient use of space, increase the risk of agrarian conflict, and reduce the social function of land, as seen in Jonggon Jaya Village. This research aims to analyze the effectiveness of land regulatory framework enforcement, identify legal and administrative factors that hinder the handling of abandoned land and absentee land, and formulate strategies and formulations for strengthening the legal framework that is more responsive to local agrarian dynamics. The method used was sociological juridical research, combining normative analysis of land regulations with empirical findings through interviews, field observations, and review of land administration documents. These were then analyzed using Lawrence M. Friedman's legal system theory (structure, substance, and legal culture). The research results indicated that weaknesses in law enforcement stem from weak institutional capacity, fragmentation of legal substance, the absence of objective parameters for determining abandoned land, and low community compliance with land management obligations. To address these issues, this study offered five innovative policy formulations: the formulation of the Integrated Land Utilization Index (IULT), the development of Conditional Management Rights, the implementation of an electronic domicile verification system (E-DOM), the establishment of a Local Land Activation Fund, and the implementation of digital, electronically proven administrative protocols. These findings emphasize that strengthening the land regulatory framework requires synergy between normative reform, modernization of the administrative system, and strengthening of the community's legal culture to achieve sustainable agrarian justice.
THE EVIDENCE SYSTEM FOR SEXUAL VIOLENCE CASES INVOLVING PERSONS WITH DISABILITIES AS VICTIMS Sofiatun, Sofiatun; Utari, Indah Sri; Fidiyani, Rini
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.v8i2.1569

Abstract

Sexual violence against persons with disabilities is a crime that requires full attention. Persons with disabilities, as victims of crime, must receive justice. This study aims to identify the obstacles experienced by persons with disabilities in the evidentiary process of law enforcement and to provide information about a disability-friendly evidentiary system. This research is normative in nature, with data sources derived from secondary data. The data were collected, classified, and processed according to the discussion to provide answers to the issues raised, then presented descriptively. The results show that obstacles may arise from persons with disabilities themselves, law enforcement officers, and the still-developing understanding of sexual violence. Regarding the evidentiary system, there is a need to update regulations to facilitate the evidentiary process. The evidentiary system based on Law No. 12 of 2022 offers a disability-friendly approach to achieving justice. In implementing the evidentiary process, disability-friendly measures must also be considered, as stipulated in Government Regulation No. 39 of 2020 concerning Reasonable Accommodation for Persons with Disabilities in Judicial Processes.
MASTERY OF PATIENT MEDICAL RECORD ACCESS AS EVIDENCE TOOL MEDICAL DISPUTE CASES IN PERSPECTIVE FAIR AND TRANSPARENT LAW ENFORCEMENT Sormin, Lamo Hot Tagam; Wandono, Aloysius Agung Widi; Prasetyo
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.v8i2.1653

Abstract

Medical records are documents containing patient identity data, examinations, treatments, actions, and other services that have been provided to patients that are made using an electronic system intended for organizing medical records. Related to medical records is the confidentiality of health documents that contain the patient's personal health secrets. Medical records are currently one of the five pieces of evidence that determine the resolution of medical disputes. The problem that arises is what is the legal position of patient medical record evidence in proving medical dispute cases in court? and how can legal justice be upheld in relation to restrictions on access to control of patient medical records by hospitals? This research is basically a normative legal research, namely a scientific approach that uses written legal materials as the main source in analyzing legal problems, and enforcing legal norms. The conclusion is that medical records must be made in electronic form or using digital means. That in the implementation of medical services can also be done in two ways, namely through conventional medical service facilities such as in health facilities and medical services carried out digitally, namely telemedicine. Thus, the position of medical records as evidence in medical disputes is very important, especially in realizing transparent justice both at the MDP level and in court. Medical records, both electronic and non-electronic, have an important position as evidence in medical disputes. The presence of transparent medical records is very important in realizing justice, both at the Professional Disciplinary Enforcement Council (MDP) level and in court.
LEGAL PROTECTION AND PUBLIC SERVICES FOR ACCESSIBILITY OF PERSONS WITH DISABILITIES IN EDUCATION Ratnaningsih; Srimurni, Titis; Sriastutik, Titik; Maulidandi, M. Akmal Naufaldi
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.v8i1.1739

Abstract

Education plays a fundamental role in a human's life. As one of the state goals, education is stated in the preamble of the 1945 Constitution, Paragraph 4, namely to educate the nation's life. Everyone has the right to receive education, however its implementation is never easy, especially for the disabled people. Persons with disabilities have rights to proper accommodation, dignified public services without discrimination, assistance, translation, and free access to facilities in public service places. The constitutional right to education for disabled people is regulated in article 10 of Act Number 18 of 2016 concerning People with Disabilities, and Government Regulation Number 13 of 2020 concerning Reasonable Accommodation for Disabled learners. The current inclusive school policy is limited and not supported by adequate services and teachers. The inability of students to understand such conditions may cause bullying and create a wall of separation for people with disabilities to be able to get an equal education. Empirical juridical field research was conducted at the Association of People with Disabilities in Lumajang Regency to investigate the legal protection of disabled rights and accessibility to public services. The result shows that legal protection for disabled people is not optimally implemented since there have not been properly installed disabled-friendly public services. Thus, legal certainty, disabled-friendly public services, the availability of facilities, educators, and acceptance of disabilities are crucial for achieving equality in education without discrimination. To achieve difable equality in education without discrimination, it needs to establish regulations with legal certainty, provide disabled-friendly public services related to the availability of facilities and infrastructure, the availability of educators with special expertise in disabilities, and prepare the mental acceptance of other students with disabilities in their educational institutions.
LEGAL ISSUES REGARDING THE ELECTION OF VILLAGE HEADS Sukman; Rosmini; Nur, Insan Tajali
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.v8i2.1770

Abstract

This thesis examines legal issues related to village head elections, with a case study in Kota Bangun 2 Village, Kutai Kartanegara Regency. The background highlights the importance of village head elections in village democracy, but the lack of attention to the village head election regime is a weakness in itself. The results of the study show that violations in Pilkades can be caused by poor supervision, such as administrative disputes and election result disputes. The factors causing Pilkades disputes include internal factors (non-neutral committees, problematic voter lists, unhealthy campaign processes, fanaticism among supporters, and lack of social control) and external factors (local government intervention, regulatory weaknesses, political and power interests, and proximity to local authorities). The mechanism for resolving Pilkades disputes is regulated in Law No. 6 of 2014 concerning Villages, Government Regulation No. 47 of 2015, Minister of Home Affairs Regulation No. 112 of 2014 in conjunction with Minister of Home Affairs Regulation No. 72 of 2020, and Kutai Kartanegara Regency Regulation No. 3 of 2015 in conjunction with Kutai Kartanegara Regency Regulation No. 3 of 2018. However, in practice, the resolution of Pilkades disputes is often not in accordance with the proper mechanisms, as was the case in the Pilkades in Kota Bangun 2 Village.
COMPARISON OF THE DEPTH OF INDIGENOUS INTELLIGENCE WITH ARTIFICIAL INTELLIGENCE IN THE ENFORCEMENT OF CUSTOMARY LAW IN INDONESIA Andra Bani Sagalane; Muchtarom, Achmad; Nasaruddin; Manyata, Bakas; Saptomo, 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.v8i1.1794

Abstract

This paper discusses the comparison between the depth of indigenous intelligence and artificial intelligence (AI) in resolving customary law cases, with a focus on the Cambokh Sumbai practice in the Lampung indigenous community. Customary law is understood as a flexible, dynamic, and contextual system based on moral ethos and cultural values that are alive in community practices. The research method used a descriptive qualitative approach with normative juridical methods and case studies. The findings show that traditional leaders produce decisions that are quick but still socially accurate because they understand kinship relations, moral values, and the internal social dynamics of the community. In contrast, artificial intelligence has limitations in processing cultural variables that are not digitally documented, so that its reasoning is generalist and unable to penetrate the social context. In conclusion, customary law through the practice of Cambokh Sumbai is a tangible manifestation of substantive justice and the implementation of Pancasila values in the lives of indigenous peoples in Indonesia.
LEGAL COMPLIANCE IN THE FOREIGN FRANCHISE SECTOR: EXAMINING THE ALIGNMENT BETWEEN FRANCHISE AGREEMENTS AND BUSINESS LICENSING IN INDONESIA Nugraha, Muhammad Al Haadi; Fathni, Indriya; Kurniawan, Ridha; Damanik, Herlina; Irawan, Agus
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.v8i1.1801

Abstract

This study analyzes the legal implications of regulatory disharmony between Government Regulation No. 35/2024 on Franchises and Government Regulation No. 28/2025 on Risk-Based Business Licensing, focusing on the position of the Franchise Registration Certificate (STPW) within the Online Single Submission (OSS) system. Using a normative juridical method with statutory, conceptual, and comparative approaches, the research relies on secondary legal materials legislation, scholarly works, and prior studies examined qualitatively through legal certainty theories and relevant doctrines. Findings indicate three main issues. First, overlapping requirements between STPW and OSS create administrative duplication and potential dual-track enforcement, resulting in legal uncertainty. Second, conflicts arise between public law obligations and private contractual practices in foreign franchise agreements, particularly regarding exclusive supply clauses that contradict local content and MSME partnership requirements. Third, comparative analysis shows that Malaysia’s Franchise Act 1998, strengthened by the 2020 amendment, ensures stronger legal certainty through ex-ante registration, clear deadlines, and enforceable criminal sanctions, providing more credible deterrence than Indonesia’s framework. The study concludes that Indonesia’s franchise regulation remains fragmented and lacks binding statutory authority, which undermines investor confidence and domestic economic protection. It recommends the enactment of a comprehensive franchise law at the statutory level, full integration of STPW within the OSS system, and reinforced sanction mechanisms to enhance legal certainty and create a more conducive business climate.
DIGITAL BANKS IN THE INDONESIAN BANKING SYSTEM: A POST-POJK NO. 12/POJK.03/2021 STUDY Palit, Silvester Magnus Loogman; Purba, Tumian Lian Daya
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.v8i1.1804

Abstract

The transformation of digital banking in Indonesia is driven by technological advances and the need for efficiency, but its implementation raises issues of legal certainty and consumer protection following the issuance of POJK No. 12/POJK.03/2021. This study uses a normative juridical method with legislative, conceptual, and limited comparative approaches to assess the adequacy of regulations related to definitions, licensing, supervision, cybersecurity, and sanction regimes. The analysis is reinforced by comparisons with the European Union's Digital Operational Resilience Act (DORA) and the Monetary Authority of Singapore's Technology Risk Management (TRM) Guidelines. The results show that although POJK has provided formal legitimacy and established risk management prerequisites, the regulations are still declarative in nature in terms of data protection and have not set minimum technical standards such as encryption, multi-factor authentication, security audits, penetration testing, and incident reporting deadlines. The absence of technical compliance indicators and lines of legal accountability creates the potential for irregularities in the implementation of data protection. The discussion highlights the limitations of supervision, the potential for a digital divide, and the weak deterrent effect of administrative sanctions. It is concluded that strengthening regulations through integration with the Personal Data Protection Law, establishing prescriptive technical standards, regulating third-party risks, and inter-agency coordination are necessary to create a more adaptive and accountable digital banking ecosystem.
PROTECTION OF DATA SUBJECT RIGHTS IN THE TRANSFER OF PERSONAL DATA BETWEEN DATA CONTROLLERS IN INDONESIA: A COMPARATIVE ANALYSIS OF THE PDP LAW AND THE EU GDPR Fachran, Syahreza; Rosadi, Sinta Dewi; Amalia, Prita
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.v8i2.1827

Abstract

The rapid digital transformation and growth of e-commerce in Indonesia have triggered a high volume of personal data transfers between controllers. while Article 55 of the Personal Data Protection Law (UU PDP) provides only a general authorization without clear technical guidance, creating legal uncertainty and risks to data subject rights. This study analyzes the legal uncertainty of UU PDP’s regulation of controller-to-controller data transfers compared to the EU GDPR and proposes an accountable and transparent mechanism tailored to Indonesia. A normative and comparative legal method is employed, examining legislation, the principles of transparency and accountability, and a comparison between Article 55 UU PDP and Article 46 GDPR on safeguards and Standard Contractual Clauses (SCCs). The findings reveal substantial gaps in technical standards, verification mechanisms, documentation, and enforcement, in contrast to the GDPR’s modular SCCs, mandatory DPIAs, records of processing activities, and effective supervisory powers. The absence of standardized contractual clauses and an operational supervisory authority in Indonesia weakens transparency and the fulfillment of data subject rights. The study recommends adopting Indonesia-specific SCCs, strengthening an independent supervisory authority, and implementing techno-regulation through privacy by design, encryption, and Data Loss Prevention. Harmonization with GDPR standards via SCCs and institutional strengthening is essential to ensure secure, transparent, and accountable controller-to-controller transfers.
THE URGENCY OF LAND ADMINISTRATION ACCURACY BY THE NATIONAL LAND AGENCY TO MINIMIZE LAND DISPUTES Putra, Noval Abi; Mahipal; Mustaqim
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.v8i2.1887

Abstract

As the agency authorized to issue State Administrative Decisions (TUN) in the land sector, the National Land Agency (BPN) has a legal obligation to ensure that all administrative processes are carried out meticulously, accurately, and in accordance with the General Principles of Good Governance (AUPB). This research aims to analyze the application of the principle of prudence by BPN officials in the process of issuing land certificates and to examine the form of state responsibility when there is a violation of this principle. This research employs a normative legal research method with a legislative and conceptual approach, supplemented by an analysis of several relevant State Administrative Court (PTUN) decisions. The research findings indicate that the negligence of BPN officials in verifying legal data and conducting physical inspections of land can be categorized as a violation of the principle of diligence, which has implications for the cancelation of land administration decisions and the emergence of state liability. Therefore, the application of the principles of prudence and transparency in every stage of land administration needs to be strengthened so that public trust in the agrarian legal system and the protection of land rights in Indonesia remains protected.

Page 51 of 54 | Total Record : 533

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