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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 550 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.
A STUDY ON THE LOCAL GOVERNMENT’S CIVIL LIABILITY FOR FAILURE TO DISSEMINATE REGIONAL REGULATIONS IN THE GREEN ZONE Maddenleo T. Siagian
Awang Long Law Review Vol. 8 No. 3 (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.v8i3.1857

Abstract

The Supreme Court Decision No. 3634 K/Pdt/2023 dated 22 November 2023 sets an important precedent in Indonesian civil law concerning the liability of local governments for negligence in disseminating regional zoning regulations. The case originated from a lawsuit filed by PT Wisanggeni Mitra Sejahtera against PT Bhanda Ghara Reksa, the North Jakarta City Administration, and the Financial and Development Supervisory Agency (BPKP) after the claimant’s construction project was suspended for being located within a designated green zone. The Supreme Court ruled that the defendants had committed an unlawful act (onrechtmatige daad) by failing to provide public access to zoning information as mandated by the Jakarta Regional Regulation on Spatial Planning (RTRW). This study examines the legal basis and judicial reasoning used by the Supreme Court in assessing governmental inaction as an unlawful act under Article 1365 of the Indonesian Civil Code and analyses the implications of the decision for the government’s duty to ensure transparency and accountability in spatial information disclosure. Using a normative juridical method with a case approach and library research on primary, secondary, and tertiary legal sources, this research finds that the local government’s failure to disseminate zoning information resulted in losses to private parties and violated the principle of public information transparency as regulated by Law No. 14 of 2008. The Supreme Court appropriately applied civil and administrative law principles and annulled the lower courts decisions, which had misinterpreted the elements of unlawful conduct. These ruling underscores the government’s obligation to ensure legal certainty and foster public trust in spatial governance.
THE ROLE OF PENITENTIARY OFFICERS IN INMATE REHABILITATION Yoan Barbara Runtunuwu; Wenly R. J. Lolong
Awang Long Law Review Vol. 8 No. 3 (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.v8i3.1946

Abstract

This study aims to analyze the role of the penitentiary system in supporting the effectiveness of inmate rehabilitation and its contribution to reducing recidivism rates and ensuring successful social reintegration. The method used is normative juridical legal research, which involves examining statutory regulations, legal doctrines, academic literature, and relevant court decisions. The approaches employed include the statutory approach, conceptual approach, case approach, and historical approach, all of which reinforce the analysis of regulatory developments and the application of norms related to the penitentiary system and inmate rehabilitation. The research findings indicate that the penitentiary plays a strategic role in reshaping inmate behavior through the implementation of development programs that include education, skills training, counseling, mental development, and social support. The success of the rehabilitation process is highly influenced by the ability of correctional institutions to integrate various aspects of guidance, supervision, and social reintegration in a synergistic manner. Additionally, the study finds that correctional institutions hold a vital position within the integrated criminal justice system, as they ensure the protection of inmates’ rights throughout the legal process. Overall, this study concludes that the effectiveness of the penitentiary system is determined not only by normative aspects but also by the commitment to implementation at the operational level. The success of correctional efforts is reflected in lower recidivism rates and the increased capacity of former inmates to return as productive and responsible members of society after serving their sentences.
ELECTRONIC TRAFFIC LAW ENFORCEMENT AND TRAFFIC LAW ENFORCEMENT Ori Va Malquna; Alfies Sihombing; Yeni Nuraeni
Awang Long Law Review Vol. 8 No. 3 (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.v8i3.2048

Abstract

This research is a normative legal study that analyzes the effectiveness of implementing the Electronic Traffic Law Enforcement (ETLE) system in combating traffic and road transport violations (LLAJ) in Indonesia based on Law Number 22 of 2009 and Government Regulation Number 80 of 2012. The study's focus is directed toward the suitability of implementing ETLE with Article 272 of the Road Traffic and Transportation Act (UU LLAJ), which legitimizes the use of electronic equipment as an aid in enforcing traffic laws. The research method used is normative juridical with a legislative and conceptual approach. The research results indicate that the ETLE system is partially effective in improving public compliance with traffic regulations and reducing extortion practices thru technology-based enforcement and electronic evidence. However, the effectiveness of ETLE implementation still faces several obstacles, including limited supporting infrastructure, suboptimal integration of vehicle ownership data, and low public understanding of ETLE procedures. Therefore, it is necessary to strengthen technical regulations, improve infrastructure quality, and optimize public socialization to support the sustainable effectiveness of technology-based traffic law enforcement.
THE CONSTRUCTION OF THE DECIDENDI RATIO AND THE SIGNIFICANCE OF DISSENTING OPINION IN THE INDONESIAN CONSTITUTIONAL JUDICIAL SYSTEM Sulaiman; Taufik Firmanto; Hajairin
Awang Long Law Review Vol. 8 No. 3 (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.v8i3.2053

Abstract

This study examines the construction of the ratio decidendi and the significance of the dissenting opinion in the Constitutional Court Decision Number 15/PUU-XXIII/2025 which states that the prosecutor's immunity rights as regulated in Article 8 paragraph (5) of Law Number 11 of 2021 concerning the Prosecutor's Office of the Republic of Indonesia are conditionally unconstitutional. Through a juridical-normative approach with the decision analysis method, this study aims to describe the legal arguments that form the basis of the majority decision and analyze the contribution of the dissenting opinion delivered by Constitutional Justices Arief Hidayat and M. Guntur Hamzah in enriching the discourse of constitutional law. The results of the study indicate that the ratio decidendi of this decision is built on the basis of the principle of equality before the law as guaranteed by Article 27 paragraph (1) and Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia, which emphasizes that legal protection for prosecutors must not be transformed into absolute immunity. The Court constructed a conditional constitutional interpretation by providing exceptions in cases of red-handed arrest, sufficient preliminary evidence, or specific criminal offenses. Meanwhile, the dissenting opinion offered an alternative perspective, viewing the provision as a functional protection mechanism for prosecutors in carrying out their duties and authorities and as part of strengthening the principle of checks and balances in the judicial system. This study concludes that the dissenting opinion has strategic significance as a living document that can serve as a reference for future legal developments, while also demonstrating the deliberative dynamics in the Constitutional Court's decision-making as the guardian of the constitution.
LEGAL CERTAINTY OF THE MEANING OF STRATEGIC DECISIONS IN LIMITING THE AUTHORITY OF THE REGENT'S EXECUTING DUTIES IN THE FIELD OF PERSONNEL AFFAIRS Ni Nyoman Inda Yunita Nadia In Putri; Siti Kotijah; Ine Ventyrina; Warkhatun Najidah
Awang Long Law Review Vol. 8 No. 3 (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.v8i3.2055

Abstract

This study analyzes the legal certainty of the meaning of strategic decisions in limiting the authority of the acting regent in the field of personnel. The research method used is doctrinal research with a statutory approach and a case approach. The results of the study indicate that legal certainty regarding the meaning of "strategic decisions" has not been adequately realized even though it has been regulated in Article 14 verse (7) of Law Number 30 year 2014 concerning Government Administration and SE BKN Number 1/SE/1/2021, because these regulations are still abstract and multi-interpretable without clear definitions, criteria, and parameters. Strategic decisions in the field of personnel which include the appointment, transfer, and dismissal of employees are the authority of definitive officials, not acting officials who only obtain authority through mandates for routine tasks. This unclear legal meaning creates uncertainty in the practice of regional government administration and has the potential to harm the rights of civil servants.
LEGAL CONSEQUENCES OF THE DETERMINATION OF THE ORIGIN OF A CHILD BORN BEFORE REMARRIAGE IN MIXED MARRIAGES TOWARD SOUTH KOREAN CITIZENSHIP RIGHTS Naila Sativa; Anthin Lathifah; Mahdaniyal Hasanah Nuriyyatiningrum
Awang Long Law Review Vol. 8 No. 3 (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.v8i3.2059

Abstract

This study examines the legal consequences of the legal determination of the origin of a child born from an unregistered mixed marriage (siri) prior to the formal legalization of the marriage through tajdidun nikah (remarriage). Focusing on the Legal Determination Number 166/Pdt.P/2019/PA.Smg, the research analyzes the role of this judicial order in establishing a formal legal relationship between a child and their biological South Korean father. This relationship is a critical prerequisite for the recognition of South Korean citizenship, which strictly adheres to the ius sanguinis principle. The study employed a normative juridical research method with a case study approach. The results indicate that under Indonesian law, children born before a marriage is legally registered are categorized as being born out of wedlock; consequently, they do not automatically qualify for South Korean citizenship recognition. The research concludes that the legal determination of a child's origin in Indonesia supported by biological evidence such as DNA testing serves as a mandatory legal bridge to prove the lineage required to satisfy foreign citizenship requirements and ensure the child's legal protection.
THE RELEVANCE OF THE PRINCIPLE OF GOOD FAITH TO THE LEGAL CERTAINTY OF MARRIAGE AGREEMENTS Sabrina Fiddini Achmad; Mutiara Eldiena Fitri; Ida Ayu Intan Budha Ranny; Shafiyah Nur Azizah
Awang Long Law Review Vol. 8 No. 3 (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.v8i3.2060

Abstract

This research was conducted to examine and analyze the importance of applying the principle of good faith in prenuptial agreements. This need arose due to existing weaknesses, whereby the parties to the agreement could act in bad faith, thereby misusing the agreement as a tool to protect their personal interests, which in turn could potentially harm third parties. In an effort to ensure legal certainty and examine the binding force of prenuptial agreements, the application of the principle of good faith is fundamental when drafting agreements. The application of this principle is expected to prevent future losses when prenuptial agreements are legalized and enforced. This study uses a legal research method with a theoretical research type and analyzes legal materials through a legislative approach, a conceptual approach, and case studies. The findings of this study indicate that the application of the principle of good faith in prenuptial agreements plays an important role as a preventive measure against the misuse of the objectives and goals of the agreement. The application of this principle aims not only to ensure legal certainty and protection for both parties, but also for third parties.

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