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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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CUSTOMARY LAND CONFLICTS BETWEEN DAYAK INDIGENOUS LAW AND STATE LAW IN INDONESIA Anjani, Diva Rafi; Hasibuan, Imelda; Nafhani, Ahmad; Subroto, Aryo
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.v8i2.2045

Abstract

Indonesia’s legal system is characterized by legal pluralism, in which state law coexists with customary law (adat) practiced by indigenous communities. Despite constitutional recognition and supportive judicial decisions, conflicts over customary land persist, particularly among Dayak indigenous communities in Kalimantan. These conflicts largely arise from structural incompatibilities between state land law—centered on administrative legality, formal registration, and written evidence—and customary law, which is grounded in communal ownership, oral traditions, and social legitimacy. This article analyzes conflicts between Dayak customary law and state law in the governance of customary land from a legal anthropology perspective. It examines the operation of Dayak customary law as a living law, identifies the causes and forms of conflict with state legal regimes, and assesses the implications of these conflicts for customary land governance and legal certainty. The research employs a qualitative legal-anthropological approach. Data were collected through in-depth interviews with customary leaders, community members, and relevant stakeholders, complemented by participant observation and document analysis. The data were analyzed using descriptive and interpretative methods, drawing on the concepts of legal pluralism and semi-autonomous social fields. The findings demonstrate that Dayak customary law remains effective in regulating land control, use, and dispute resolution at the community level. However, conflicts persist due to the dominance of formal state legal mechanisms that marginalize customary authority in land administration, licensing, and development processes. Normative recognition of indigenous rights alone has proven insufficient to secure legal protection for customary land. The study argues that substantive integration of customary institutions into state land governance frameworks is essential to reduce conflict, enhance legal effectiveness, and ensure meaningful protection of indigenous land rights.
LEGAL PROTECTION FOR CONSUMERS IN E-COMMERCE TRANSACTIONS (COMPARATIVE STUDY OF INDONESIA & THAILAND) Dewi, Indri Yani; Padian Adi Salamat Siregar
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.v8i2.2047

Abstract

The development of e-commerce in Indonesia and Thailand presents new challenges in consumer protection that require in-depth comparative studies. Consumers are in a relatively weak position due to limited access to inspecting goods directly, information asymmetry, and the potential risk of fraud and non-conformity of goods. This study analyzes two main research questions: first, how e-commerce transactions are regulated in Indonesia and Thailand; and second, how legal protection for consumers in e-commerce transactions compares in both countries. The research method uses a normative juridical approach with a statute approach and a comparative approach, with a descriptive analytical nature. Data are sourced from primary legal materials in the form of Indonesian and Thai laws and regulations, as well as secondary legal materials in the form of journals and scientific books, which are analyzed qualitatively. The results of the study show fundamental differences between the two countries. Indonesia has a fragmented regulatory system in various regulations, including Law No. 8 of 1999, the ITE Law, and Government Regulation No. 80 of 2019, which creates overlapping authority, applies a limited reverse burden of proof principle that still burdens consumers, and has a dispute resolution system through the BPSK (Regional Consumer Protection Agency) that is time-consuming and has a low level of compliance. In contrast, Thailand implements integrated regulations with the Consumer Protection Act as umbrella legislation, a strict liability principle that benefits consumers by only proving product defects, losses, and causal relationships, and an efficient dispute resolution system through the OCPB and Online Dispute Resolution with a high level of compliance. The existence of the OCPB as a specialized institution with administrative, mediation, and supervisory authority is a strength of the Thai system. The study recommends that Indonesia adopt an integrated approach, strengthen institutions, and develop a technology-based system to improve the effectiveness of e-commerce consumer protection within the context of ASEAN harmonization.
IMPLICATIONS OF THE ENACTMENT OF BASIC AGRARIAN LAW ON THE EVIDENTIARY FORCE OF EIGENDOM Anggrek, Fernando; Saleh, Moh
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.v8i2.2049

Abstract

This study examines the legal implications of the enactment of Law Number 5 of 1960 (UUPA) on the status of colonial-era eigendom rights, specifically concerning land arising from the nationalization of colonial assets transferred to State-Owned Enterprises (SOEs/BUMN). The findings demonstrate that eigendom rights were extinguished upon the enactment of the UUPA and ought to have been converted into the Right to Manage (HPL) or other rights as prescribed by the UUPA. The focus of the study is directed at the conflict in Dukuh Pakis District, Surabaya City, between PT Pertamina (Persero), as the holder of nationalized assets, and community members who have obtained land title certificates. PT Pertamina (Persero)'s claim is founded upon colonial eigendom land rights acquired through the nationalization of Dutch companies. These nationalized assets have not been promptly converted by PT Pertamina (Persero) to date, thereby giving rise to disputes. The arising disputes are primarily attributed to the SOE's negligence in failing to perform the conversion of land rights as mandated by the UUPA. The National Land Agency (BPN), a state institution authorized to issue land title certificates, was also not diligent in tracing the land's provenance when the certificates were issued to the community. Consequently, both the BPN and the SOE failed to regulate and register the nationalized assets, resulting in an overlap between the land's historical status and the rights granted to the community. Therefore, a resolution should be pursued through administrative rectification and state asset verification, while taking into account the circumstances of community members acting in good faith (bona fide) who have acquired their rights through official procedures.

Page 54 of 54 | Total Record : 533

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