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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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LEGAL JURISDICTION AND PLACE OF OCCURENCE IN TRANSNATIONAL CYBERCRIME: A NORMATIVE ANALYSIS OF GLOBAL LAW AND INDONESIAN TELECOMMUNICATIONS REGULATIONS Tobing, Agustinus Nicholas L; Fitria, Annisa
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.v8i2.1894

Abstract

This study investigates the establishment of legal authority and the site of the offense in international cyber offenses via a normative legal method, emphasizing global legal viewpoints such as the Budapest Convention, UN Convention against Cybercrime 2024, and Tallinn Manual 2.0, along with Indonesia’s domestic information technology laws including Law No. 11 of 2008 on Electronic Information and Transactions (UU ITE) with its revisions, and Law No. 27 of 2022 on Personal Data Protection (UU PDP). The foundation stems from the rising worldwide cyber risks that transcend borders, with BSSN records noting over 5,000 occurrences in Indonesia in 2025, while the issue formulation encompasses the layered definition of the site of the offense and cross-country investigative authority based on global concepts and examples like cyber assaults on Taiwan (2024-2025), INTERPOL reports on African cyber offenses (June 2025), and INTERPOL financial activities (September 2025). The research approach includes gathering secondary materials such as legal texts and official documents, employing statutory, comparative, and case evaluations to yield practical suggestions like ratifying international conventions, developing judicial guidelines, and establishing a national task force. The outcomes highlight the adjustment of authority theories for intangible cyber spaces, including three site of offense concepts (locus actus, effectus, instrumentum), and advocate for alignment to address regulatory voids, provide assurance, and safeguard state interests in the digital age.
CAUSAL FACTORS AND IMPACTS OF SEXUAL VIOLENCE AGAINST CHILDREN, AND THE URGENCY OF LAW NUMBER 12 OF 2022 (TPKS LAW) FOR VICTIMS Febriliana Basyuni, Aulia; Darmawan, Iwan; Hosnah, Asmak Ul
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.v8i2.1920

Abstract

Sexual violence is a violation of the law involving sexual acts without the victim's consent, whether physical or non-physical, including harassment, sexual exploitation, coercion, and electronic-based violence. Regulations regarding this criminal act are stipulated in Law Number 12 of 2022 concerning Sexual Violence Crimes. Article 4 paragraph (2) states that non-physical actions such as gestures, writing, or words related to a person's body parts or sexual desires can be subject to criminal sanctions as a form of non-physical sexual harassment. This research aims to provide a comprehensive overview of sexual violence crimes and formulate recommendations to promote the optimal implementation and enforcement of the law. This research uses a normative legal method by examining relevant laws and regulations and literature. The research findings indicate that sexual violence is influenced by various complex factors, including gender inequality, patriarchal social norms, a lack of education about sexuality and the law, and a weak law enforcement and victim protection system. This finding confirms the need to strengthen regulations, public education, and protection mechanisms to reduce the number of sexual violence cases and ensure justice for victims.
LEGAL PROTECTION AGAINST CONTINUOUS MONEY LAUNDERING IN THE TAX SECTOR IN INDONESIA Nurfadilah, Ulfah; Darmawan, Iwan
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.v8i2.1943

Abstract

Legal protection against money laundering crimes occurring in the context of taxation in Indonesia. Money laundering involving the tax sector is a serious issue that can disrupt economic stability and national revenue. This study explains the legal framework governing efforts to prevent and combat money laundering, particularly those related to taxation practices, and also identifies weaknesses and challenges in its implementation. The definition of tax crimes includes tax evasion thru forgery committed by individuals or by people working within a legal entity, usually involving collaboration between taxpayers and tax officials for personal gain. Criminal policies related to money laundering in handling tax crimes demonstrate a strong connection between source crimes, such as crimes in the tax sector considered predicate crimes, and money laundering offenses, which can be seen as their derivative. The obstacles and challenges in resolving tax crimes thru the anti-money laundering system are related to weaknesses in the existing evidence system in Indonesian criminal law.
DEVIATIONS IN THE USE OF FIXED-TERM EMPLOYMENT AGREEMENT IN THE OUTSOURCING SYSTEM Novela, Devina; Lie, Gunardi
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.v7i2.1955

Abstract

Outsourcing has become a choice for companies in dealing with market competition to reduce production costs and increase company flexibility. In practice, outsourcing uses fixed-term employment agreement to form a bond between employers and workers. However, disputes often arise between the two parties regarding rights and obligations that are frequently violated, especially by companies that take advantage of the existence of fixed-term employment agreement to bind outsourced workers. The issues to be examined are the misuse of fixed-term employment agreement in the outsourcing system in The Industrial Relations Court Decision No. 400/Pdt.Sus-PHI/2022/PN.Jkt.Pst. and the application of the principles of protection and legal certainty for outsourced workers in cases of misuse of fixed-term employment agreement in the aforementioned case. The author applies a normative research method with primary legal materials, namely positive labor law and secondary legal materials such as books and legal journals through legal literature study techniques. With a regulatory approach, the data is then analyzed using qualitative methods to compile the data into information. Through the conflict between the law and its implementation, it can be concluded that the form of deviation that occurs is due to the repeated use of agreements and the existence of a pseudo-employment relationship that gives rise to legal consequences for which the company must be held accountable. The application of the principles of legal protection and legal certainty is a form of justice obtained by workers so that the agreement that has been made is binding on both parties. Through the conflict between the law and its implementation, it can be concluded that the form of deviation that occurs is due to the repeated use of agreements and the existence of pseudo-employment relationships that give rise to legal consequences for which the company is liable. The application of the principles of legal protection and legal certainty is a form of justice for workers, so that the agreements that have been made are not merely a formality but provide real protection.
LEGAL VALIDITY OF A LAND DEED EXECUTED BY A LAND DEED OFFICIAL WITHOUT BEING READ BEFORE THE PARTIES Kartika, Yenni; Rasji, Rasji
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.v8i2.1956

Abstract

The Deed of the Land Deed Official plays an essential role in guaranteeing legal certainty over the transfer of land rights. However, in practice, violations of formal requirements often occur, such as the failure to read the deed before the parties. This study aims to analyze the validity of a deed of grant that was not read in the presence of the parties, as well as the legal liability of the Land Deed Official for executing a deed that does not comply with the prescribed procedures. This research employs a normative juridical method with a statutory approach and a case study analysis of Decision Number 298/Pdt.G/2021/PN Kpg. The results of the study indicate that a Land Deed Official’s deed that is not read before the parties constitutes a deed with a formal defect, causing it to lose its status as an authentic deed and, consequently, depriving it of full legal evidentiary strength. In addition, a Land Deed Official who neglects the obligation to read the deed may be held legally liable administratively, civilly, as well as ethically under professional conduct standards. In conclusion, the reading of the deed before the parties is not merely a procedural formality, but rather constitutes a form of legal protection and a moral responsibility of the Land Deed Official to ensure validity and fairness in every legal act concerning land affairs.
LEGAL IMPLICATIONS OF THE ANNULMENT OF LAND GRANTS DEEDS AND THE LIABILITY OF THE LAND DEED OFFICIAL IN DEED EXECUTION Kartika, Yenni; 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.v7i2.1957

Abstract

The Deed of the Land Deed Official plays an essential role in guaranteeing legal certainty over the transfer of land rights. However, in practice, violations of formal requirements often occur, such as the failure to read the deed before the parties. This study aims to analyze the validity of a deed of grant that was not read in the presence of the parties, as well as the legal liability of the Land Deed Official for executing a deed that does not comply with the prescribed procedures. This research employs a normative juridical method with a statutory approach and a case study analysis of Decision Number 298/Pdt.G/2021/PN Kpg. The results of the study indicate that a Land Deed Official’s deed that is not read before the parties constitutes a deed with a formal defect, causing it to lose its status as an authentic deed and, consequently, depriving it of full legal evidentiary strength. In addition, a Land Deed Official who neglects the obligation to read the deed may be held legally liable administratively, civilly, as well as ethically under professional conduct standards. In conclusion, the reading of the deed before the parties is not merely a procedural formality, but rather constitutes a form of legal protection and a moral responsibility of the Land Deed Official to ensure validity and fairness in every legal act concerning land affairs.
LEGAL PROTECTION FOR READY-TO-EAT FOOD BUSINESS CONDUCT THROUGH HALAL PRODUCT GUARANTEES Sasea, Enny Martha
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.v7i2.1960

Abstract

Certification and Labeling of Halal Goods is a fatwa and information about halalness. a halal product and one form of state regulation that provides the widest possible choice to the public to consume halal goods based on the provisions of Law Number 8 of 1999 concerning Consumer Protection. The formulation in this study is legal protection for fast food business actors through halal product guarantees and Legal Sanctions for Fast Food Business Actors Who Violate Halal Product Regulations in Indonesia. The method used in this study is normative juridical. Legal protection for fast food business actors through halal product guarantees is very important to ensure that products circulating in the community are not only safe and healthy, but also in accordance with Islamic principles. Through various laws and regulations, both administrative and criminal, the state provides clear protection for business actors and consumers.
LEGAL REVIEW OF THE IMPLEMENTATION OF CUSTOMARY RIGHTS OF INDIGENOUS COMMUNITIES IN PAPUA AFTER THE REVISION OF THE SPECIAL AUTONOMY LAW Sakmaf, Marinus Suprianto
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.v7i2.1961

Abstract

The Indonesian government issued Law No. 21 of 2001 concerning Special Autonomy (Otsus) for the Province of Papua. This law grants a number of special rights to Papua, with the aim of improving the welfare of the Papuan people and recognizing the uniqueness of the social, cultural, and economic aspects of indigenous peoples in Papua. One of the things highlighted in the Otsus Law is the recognition of the customary rights of indigenous peoples which should be protected and respected. The research method used is the normative legal research method. The results of the study indicate that the revision of the Papuan Otsus Law provides new hope for indigenous peoples in obtaining recognition and protection of their customary rights. However, major challenges in its implementation still exist, especially in terms of proving rights, managing natural resources, and resolving disputes fairly and efforts to ensure that the rights of indigenous peoples are respected and protected must be carried out comprehensively and sustainably.
JURIDICAL ANALYSIS OF THE LEGAL PROTECTION OF SONG ROYALTIES AGAINST COPYRIGHT INFRINGEMENT DISPUTES Abawaiki, Atik; Alamanda , Asri Elies
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.v8i2.1980

Abstract

Copyright provides exclusive rights and legal protection, especially to industry players to get rewards in the form of royalties for their creations, which is currently an interesting issue in the country's music industry. One of the most pressing issues in protecting IP in the digital age is the enforcement of music royalties in cases of copyright infringement. This research is designed with the aim of exploring further legal protection of royalty practices and concepts in the context of copyright infringement disputes in Indonesia. The moral and economic rights of creators must be fully protected when music is considered intellectual property. The main legal basis for royalty management is UUHC Number 28 of 2014 and Government Regulation Number 56 of 2021, which aim to ensure that creators receive financial rewards from the commercial use of their works. The National Collective Management Institute (LMKN) is responsible for managing royalties and ensuring that creators and rights holders receive and receive a proportional share. The main challenge is the number of copyright infringements due to the lack of awareness of music industry players regarding royalty payment obligations. This research also discusses the mechanism for resolving royalty disputes through non-litigation alternatives and litigation in the Commercial Court to provide legal certainty and effective protection. With a normative and juridical approach, this research aims to strengthen the implementation of song copyright law and encourage a fair and sustainable music industry in Indonesia.
LEGAL PROTECTION OF PAPUAN INDIGENOUS PEOPLES THROUGH THE ROLE OF THE PAPUAN PEOPLE'S ASSEMBLY REGARDING FOREIGN INVESTMENT AFTER THE PAPUA SPECIAL AUTONOMY LAW Wamafma, Filep
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.v8i2.1989

Abstract

One of Papua's special autonomy rights is the existence of the Papuan People's Council (MRP) as a cultural representation of the indigenous Papuan population which is given certain powers. The main problem is that the MRP, which is a direct representative of indigenous Papuans, is considered to have weak authority in carrying out the direct aspirations of the Indigenous Papuan people, including matters relating to the entry of foreign investors into their customary land. Therefore, the implications of foreign investment on the enjoyment and ownership of indigenous peoples' rights to land are becoming increasingly neglected. This research was conducted to examine the legal protection of Papua's indigenous communities through the role of the Papuan People's Council towards foreign investment. This type of research is included in normative juridical with a statutory approach. The research results show that the regulation of foreign investment in Indonesia is regulated by Law Number 25 of 2007. This law contains a number of principles which form the background for the formation of norms and rules contained in the articles of this law. The legal protection of Papua's indigenous communities in relation to foreign investment is realized through several provisions, including Article 38 paragraph (2) and Article 43 of Law Number 21 of 2001 concerning Special Autonomy for Papua Province. In this law, it is stipulated that economic businesses that utilize natural resources in Papua must respect the rights of indigenous peoples. Furthermore, the Papuan People's Assembly must pay attention to indigenous communities in carrying out its functions and authority.

Page 52 of 54 | Total Record : 533

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