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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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SUBSTANTIVE ENVIRONMENTAL LAW COMPLIANCE OF OIL PALM LICENSING AND STATE RESPONSIBILITY FOR FLOODS IN SUMATRA Adhika Mahindra Satya; Kenneth; Harianja, Syahban Alvian Hamonangan; Waruwu, Rivaldo William Krisma
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.v8i2.2004

Abstract

Large-scale oil palm plantation development has transformed Sumatra into a strategic economic region while intensifying environmental degradation and recurrent flooding associated with forest conversion. These conditions raise legal questions regarding the substantive compliance of plantation licensing policies with environmental law principles and the scope of state responsibility for ecological disasters. This study examines whether oil palm plantation licensing in Sumatra substantially complies with environmental law and whether recurrent floods justify classification as a national disaster with implications for state responsibility. Using a normative legal research method, this study applies statutory, conceptual, and case-based approaches grounded in constitutional, environmental, forestry, plantation, and disaster management laws. The findings show that although plantation licensing policies largely comply with formal administrative requirements, the government fails to satisfy substantive environmental law principles, including the precautionary principle, prevention, sustainable development, and the polluter-pays principle. Licenses authorising forest conversion have contributed to structural environmental degradation and increased flood risks. Under the prevailing fault-based legal framework, state liability for flood disasters resulting from licensing policies remains limited, despite identifiable causal links between administrative decisions and environmental harm. This condition warrants a shift toward a more substantive interpretation of state responsibility to ensure accountability for environmental disasters across Sumatra.
LEGAL CERTAINTY OF THE USE OF CRYPTOCURRENCY AS A PAYMENT INSTRUMENT FROM THE PERSPECTIVE OF INDONESIAN POSITIVE LAW Wahyudi, Bambang Tresno; Dewi, Nourma; Suniaprily, Firstnandiar Glica Aini
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.v8i2.2006

Abstract

This study aims to provide answers to the legal certainty provided by laws and regulations regarding the use of cryptocurrency as a payment instrument in Indonesia and efforts to achieve legal certainty for the use of cryptocurrency as a payment instrument in the future. Cryptocurrency is an impact of globalization that must be responded to with legal changes, given the large amount of its global use that has an impact in Indonesia. The Currency Law does not explicitly provide space for cryptocurrency, implicating limited regulatory space for its use in Indonesia. A study analyzing the guarantee of legal certainty for cryptocurrency use is needed in light of existing normative regulations and efforts to achieve such legal certainty. This research is normative with a legislative and conceptual approach. The results show that the form of legal certainty in laws and regulations regarding the use of cryptocurrency as a payment instrument in Indonesia is not yet regulated in Law Number 7 of 2011 concerning Currency, but cryptocurrencies are partially regulated as commodities that can be traded on futures exchanges, in accordance with Minister of Trade Regulation Number 99 of 2018 concerning General Policy for the Implementation of Crypto Asset Futures Trading. This means that cryptocurrencies cannot yet be used as payment instruments but have limited transaction value on futures exchanges. Efforts to realize legal certainty for the use of cryptocurrency as a payment instrument in the future include injecting cryptocurrency as a digital payment instrument into Law Number 7 of 2011 concerning Currency, formulating technical regulations for the Regulation of the Minister of Trade and Bank Indonesia Regulations that accommodate the technical procedures for the use of cryptocurrency, and with the recognition of cryptocurrency in the updated Currency Law, its use can be guaranteed at the Deposit Insurance Corporation.
RESPONSIBILITY OF E-COMMERCE BUSINESS OPERATORS FOR SELF-PREFERENCING PRACTICES IN THE ABUSE OF DOMINANT POSITION Hana Humaira Sachmaso; Heru Sugiyono
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.v8i2.2012

Abstract

Self-preferencing practices by dominant e-commerce platforms have distorted business competition by prioritizing internal products through algorithmic manipulation, limiting fair market access for third-party sellers and influencing consumer choice in a misleading way. Such conduct risks constituting an abuse of dominance and underscores the need for stronger transparency and nondiscrimination safeguards. This research aims to analyze the qualification of self-preferencing as a form of abuse of dominant position and the legal liability of business actors in Indonesia. The research method employed is normative juridical with statutory and case comparison approaches, specifically examining the law enforcement against Coupang in South Korea. The results indicate that although not explicitly regulated, self-preferencing fulfills the elements of discrimination under Article 19 letter d and Article 25 of Law No. 5 of 1999. However, the KPPU case study on Shopee demonstrates that law enforcement remains limited to behavioral remedies mechanisms due to challenges in proving algorithmic conduct. Beyond competition law, the non-discrimination principle is also a liability for business actors based on the ITE Law and Government Regulation No. 80 of 2019. This study concludes the necessity for explicit regulation regarding algorithmic transparency and self-preferencing in Indonesia, reflecting on the strict guidelines applied in South Korea, to ensure a fair digital ecosystem.
LEGAL ANALYSIS OF UNLAWFUL ACTS RESULTING IN PATIENT PARALYSIS POST-CHIROPRACTIC THERAPY Putra, Akbar Avatar Silas; Fikri, Abdullah
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.v8i2.2013

Abstract

This study aims to analyze the legal aspects of unlawful acts causing paralysis in patients following chiropractic therapy. Chiropractic therapy, as a form of alternative medicine, has grown in popularity; however, serious complications such as paralysis require thorough examination of the therapist’s legal liability. This research employs normative and empirical approaches by reviewing health regulations and tort law principles. Data were gathered through literature review and interviews with victims and health law experts. The findings indicate that chiropractic practitioners must adhere to established standards and possess recognized expertise to avoid patient harm. If paralysis occurs due to negligence or procedural errors, practitioners may face legal sanctions based on unlawful acts, including compensation claims and criminal liability. The study recommends stricter supervision of chiropractic practices by relevant authorities to protect patients’ rights and prevent unlawful conduct. In conclusion, the legal analysis strengthens patient protection post-chiropractic therapy and clarifies the responsibility limits of the practitioners.
THE LEGAL UTILITARIANISM APPROACH IN THE REGULATION OF AGE VERIFICATION FOR FINTECH USERS: CASE DATA ANALYSIS AND STUDY ON UNDERAGE MISUSE BASED ON INDONESIAN REGULATION Sanda, Aditya Nur Tio; Hasmiati, Rahmatullah Ayu; Surahman; Alhadi, M. Nurcholis
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.v8i2.2018

Abstract

The rapid growth of financial technology, fintech in Indonesia has brought significant benefits in expanding financial inclusion, particularly for communities underserved by traditional banking. However, this progress also presents serious challenges, especially regarding user age verification. The ease of registering with only an uploaded ID card and selfie has enabled minors to misuse their parents' identities to access online loans or pay later services, resulting in financial, psychological, and legal risks for families and fintech providers. Through the legal utilitarianism perspective, strict age verification is seen as a policy that produces the greatest benefit for society by reducing identity misuse, minimizing default risk, and strengthening public trust in the digital ecosystem. Challenges such as cybersecurity, data leakage, weak internal supervision, and illegal fintech proliferation indicate the need for integrated biometric systems, validation with the national population database, Dukcapil, and digital literacy within families. Therefore, strengthening the legal framework for age verification becomes an essential foundation toward a safe, inclusive, and socially beneficial fintech industry.
EXAMINING THE LEGAL COMPETENCE OF CLIENTS WITH MILD COGNITIVE IMPAIRMENT: ETHICAL RESPONSIBILITIES OF A NOTARY IN THE EXECUTION OF A DEED Rahma, Irfah Aprillia; Indratirini
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.v8i2.2024

Abstract

The integrity of notarial deeds in Indonesia hinges upon the fulfillment of subjective legal requirements, principally the legal capacity to act and true consent (wilsovereenstemming), as mandated by Article 1320 of the Civil Code. This research addresses a critical contemporary challenge posed by clients diagnosed with Mild Cognitive Impairment (MCI). While MCI clients are formally considered legally competent (de jure), as they are typically not placed under formal guardianship, their functional cognitive deficits create a legal grey area, potentially invalidating the deed due to vitiated consent. This circumstance directly threatens the principle of legal certainty that notarial deeds are intended to uphold. This study employs Normative Legal Research with a Statute and Conceptual Approach, utilizing primary legal materials such as the Notary Law (UUJN) and the Civil Code, supplemented by professional ethical codes. The analysis focuses on the existing normative deficiencies in Indonesian law regarding the assessment of functional capacity beyond formal guardianship status. The conclusion highlights a significant demand for the expanded implementation of the Ethical Due Diligence Principle by notaries. This ethical responsibility must transcend minimum legal requirements. To protect vulnerable clients and minimize the risk of deed cancellation, notaries must adopt a Defensive-Protective Procedural Model. Key elements of this model include: 1) Developing robust, non-medical observation skills to detect MCI indicators; 2) Utilizing external verification mechanisms, such as requesting functional capacity certificates from medical specialists; and 3) Documenting every ethical precaution within the deed itself as a crucial defensive measure against future legal claims. This ethical expansion is necessary to safeguard both the client's interests and the integrity of the notarial profession.
THE STATE OF LAW AND DEMOCRACY: THE REALITY OF STATE IN THE CONSTITUTIONAL SYSTEM IN INDONESIA Thamrin, Husni; Thamrin, Muhammad Arganata; Fahrudin, Muhammad Husni; Ribeiro, Leonito
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.v8i2.2028

Abstract

Indonesia constitutionally affirms itself as a state based on law (rechtsstaat), but in practice, tensions often arise between the supremacy of law and political interests. This article aims to analyze the dialectical relationship between the concept of the rule of law and democracy in the Indonesian constitutional system, particularly in the context of post-2024 election dynamics. Using a normative legal approach and an analysis of responsive legal typology by Philippe Nonet and Philip Selznick, this study finds that law enforcement in Indonesia still faces major challenges in the form of legal politicization, the weakening of independent institutions, and a shift towards semantic constitutionalism. This study concludes that strengthening constitutional democracy requires the integration of responsive law, strong political ethics, and constitutional adaptation to digital disruption to maintain genuine popular sovereignty.
HERMENEUTIC ANALYSIS OF ARTICLES 281 AND 286 OF THE LAW ON BANKRUPTCY AND SUSPENSION OF DEBT PAYMENT OBLIGATIONS FROM THE PERSPECTIVE OF LEGAL CERTAINTY Sihotang, Biner; Naiborhuo, Mesa Indra
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.v8i2.2041

Abstract

This study analyses the conflict between the absolute rights of separate creditors under the Law on Mortgage Rights (UUHT) and the collective mechanisms under the Law on Bankruptcy and Suspension of Debt Payment Obligations (UUK-PKPU), particularly in relation to the implementation of Articles 281 and 286. The main problem arises when separate creditors who reject the settlement plan are still forced to accept the results of majority voting, thereby degrading absolute security rights into mere quasi-secured claims. Using normative juridical methods and Gadamer’s fusion of horizons legal hermeneutics, this study examines the interpretative tensions and legislative gaps that deviate from the original intent of the 2004 law. The results of this study show that this inconsistency in norms creates legal uncertainty that has a systemic impact on the banking sector through portfolio risk escalation and increased cost of funds, which ultimately erodes the stability of the national investment climate. This study recommends amending the UUK-PKPU to include the Objection Right and Opt-Out Right mechanisms, and standardising the substantive justice test applied by commercial judges to ensure the protection of the economic value of collateral. This regulatory reconstruction is crucial to restoring the spirit of legal certainty and strengthening Indonesia’s global economic competitiveness.
THE PRINCIPLE OF JUSTICE IN THE DISTRIBUTION OF SURPLUS RESULTS OF THE EMPLOYEES COOPERATIVE Qodriyah Isniyati; M, Danang Wahyu; ND, Mukti Fajar
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.v8i2.2042

Abstract

This study aims to analyze the distribution of the Surplus of Business Results (SHU) of the Employees Cooperative of Universitas Muhammadiyah Yogyakarta in light of the principle of justice. Based on Law Number 25 of 1992 on Cooperatives, Article 45 stipulates that the surplus of business results, after the allocation of reserve funds, shall be distributed to members in proportion to the business services conducted by each member with the cooperative, and shall also be allocated for cooperative education and other cooperative needs in accordance with the decisions of the members meeting. In practice, SHU distribution is generally carried out during the annual members meeting, where members with larger loan amounts tend to receive a greater share of SHU than members with equivalent savings. The principle of justice in SHU distribution is thus oriented toward members who contribute the most significant reserve funds. This research employs a juridical method with a normative approach. The novelty of this study lies in its examination of the application of the principle of justice in the distribution of SHU within the Employees' Cooperative of Universitas Muhammadiyah Yogyakarta. The findings indicate that SHU distribution prioritizes members with the largest loans, resulting in greater SHU benefits than those from savings. However, this practice raises concerns about members' understanding of justice, as many perceive fair distribution as equal allocation among members. Therefore, cooperative management should be more proactive in disseminating cooperative literacy to ensure that members do not perceive the differences in SHU allocation as "unfair". Aristotle conceptualized justice as a balance between numerical equality and proportional equality, namely granting rights in accordance with capacity and merit, which aligns with the application of SHU distribution in the Employees' Cooperative of Universitas Muhammadiyah Yogyakarta.
SYNCHRONIZATION OF SOCIAL BOND ISSUANCE SETTINGS AS A FINANCING INSTRUMENT FOR AFFORDABLE HOUSING IN INDONESIA Fitriana, Firzatul Rima; Endarto, Budi
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.v8i2.2043

Abstract

This article examines the legal synchronization of social bond issuance as an alternative financing instrument for the fulfillment of affordable housing needs in Indonesia. The central issue of this study is the lack of alignment between social bond regulations and affordable housing provisions, which hinders the achievement of sustainable urban development. The objective of this research is to formulate a juridical basis capable of harmonizing social bond requirements with affordable housing targets. This study employs normative legal research through statutory and conceptual approaches. The results indicate that the provisions of POJK 18/2023 on social bonds are not yet aligned with affordable housing regulations contained in Government Regulation 12/2021, Government Regulation 21/2024, and Regulation of the Minister of Public Works and Housing 7/2022, creating obstacles to effective implementation. A horizontal synchronization model is required to harmonize these regulatory frameworks, particularly to support economic equalization under the Asta Cita Program designated as a National Priority in the National Medium-Term Development Plan 2025–2029. The study concludes that regulatory synchronization is essential to ensure the effectiveness of social bonds as a financing instrument for affordable housing in Indonesia.

Page 53 of 54 | Total Record : 533

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