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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 558 Documents
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DOMAIN NAME AS INTANGIBLE PROPERTY RIGHTS IN THE PERSPECTIVE OF INDONESIAN LAW Prawinda, Galang Fauzan; Usanti, Trisadini Prasastinah; Anand, Ghansham
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.v8i3.2125

Abstract

This study aims to examine (1) the Position of Domain Names as Intangible Objects in Indonesian National Law; (2) Legal Protection for Domain Name Owners according to Indonesian Laws and Regulations. This study employs normative legal research using a statutory approach. The legal sources used in this study include primary legal materials and secondary legal materials using the technique of collecting legal materials through document studies and analyzed using deductive method. The results of this study show that (1) Domain names in the development of Indonesian civil law can be understood as objects of modern law, but they do not meet the elements of objects that can be controlled by property rights because their power still depends on the registration period. (2) Legal protection for domain names is provided preventively through regulatory registration mechanisms, the application of the principles of first come, first served, and the obligation to use in good faith, as well as repressively through civil lawsuits and dispute resolution managed by PANDI through PPND (Domain Name Dispute Resolution). However, such protection is still limited because the rights to domain names born from registration are administrative and contractual.
COMPLIANCE OF HOUSING DEVELOPMENT LIMITED LIABILITY COMPANIES WITH DETAILED SPATIAL PLANNING IN THE LAND MATURITY STAGE Kosasih, Andry; Kamaluddin; Khairunnisah; Syahriar, Irman
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.v8i3.2139

Abstract

This study examines the compliance of limited liability companies developing housing with the Detailed Spatial Planning (RDTR) at the land preparation stage within the framework of the risk-based business licensing regime following the Job Creation Law and Government Regulation 5/2021 and its updates through Government Regulation 28/2025. The RDTR is positioned as a central legal instrument and a tool for testing the material legality of spatial utilization, so that land preparation activities such as cut and fill, land clearing, and backfilling must be in line with established zoning and spatial function provisions. The research findings indicate that the risk-based licensing system through the OSS encourages formal document-based compliance (NIB, KKPR/PKKPR, and other basic requirements) rather than substantive compliance with physical actions in the field, resulting in a gap between administrative legality and material legality. By using normative legal research methods and analytical tools of Lawrence M. Friedman's Legal System Theory, Soerjono Soekanto's Legal Effectiveness Theory, Legal Compliance Theory, and Legal Protection Theory, this study found that compliance weaknesses stem from the disharmony between the orientation of accelerated investment and the demands of spatial planning prudence, the suboptimal integration of RDTR and spatial data in the OSS, and weak substantive supervision and compliance culture among developers. The study recommends strengthening the integration of RDTR in the OSS system, improving the quality of RDTR and spatial data infrastructure, enforcing consistent supervision and sanctions from the land preparation stage, and fostering a substantive compliance culture within the developer corporation environment so that the goals of sustainable spatial planning and protecting the interests of the community can be achieved more effectively.
PURCHASE ORDER AS A REPRESENTATION OF THE AGREEMENT BETWEEN THE PARTIES IN A CONTRACTUAL RELATIONSHIP OF FURNITURE SALES Hartono, Rudi; Asyhari, Fatimah; Pasaribu, Benhard Kurniawan; Kamaluddin
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.v8i3.2140

Abstract

This study analyzes the legal status of Purchase Orders as a manifestation of the parties' agreement in a furniture sales contractual relationship through a normative study of the principles of consensualism, freedom of contract, and legal implications in Indonesian civil law. Normatively, Article 1320 and Article 1338 of the Civil Code emphasize that the validity of an agreement is determined by the fulfillment of the elements of the parties' agreement, not merely the formal form of the document. However, in practice, there are still differences in understanding regarding the legal status of Purchase Orders that have the potential to cause disputes, especially in made-to-order transactions . This study uses a normative legal method with a statutory, conceptual, and case approach. The results of the study indicate that Purchase Orders can be qualified as binding agreements as long as they meet the legal requirements of an agreement, thus giving rise to rights and obligations as well as implications of default if violated. Therefore, it is necessary to strengthen legal construction, establish consistent jurisprudence, and standardize Purchase Order documents to provide legal certainty and protection in trade practices.
LEGAL CERTAINTY OF SELLER'S PAYMENT RIGHTS IN MARKETPLACE ESCROW SYSTEMS: A NORMATIVE STUDY OF CONTRACTUAL OBLIGATIONS WITHIN ELECTRONIC CONTRACTS Danuarta, Faris; Sarikun; Kamaluddin; Syamsudin
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.v8i3.2141

Abstract

The development of digital commerce through marketplace platforms has given rise to an escrow system, which places the platform in temporary control of payments in sales transactions. Normatively, the legal relationship of sales and purchases is subject to Article 1457 of the Civil Code, while the legal requirements of an agreement are regulated by Article 1320 and the principle of pacta sunt servanda in Article 1338 of the Civil Code. Electronic contracts as the basis of the relationship between the parties are recognized in Article 18 of the Electronic Information and Transactions Law. This study aims to analyze the legal certainty of the seller's payment rights in the escrow system and the balance of the parties' contractual rights and obligations. This study is a normative legal study with a statutory and conceptual approach. The results show that the escrow system is valid as long as it is regulated in an electronic contract that meets legal requirements. However, legally, the seller's payment rights arise when the buyer fulfills the payment obligation, while escrow only functions as an administrative mechanism. The unclear time limit for holding funds has the potential to create legal uncertainty and contractual imbalance. Therefore, it is necessary to strengthen regulations and interpretations based on the principles of proportionality, good faith, and legal certainty so that protection for sellers in the marketplace ecosystem can be guaranteed fairly.
LEGAL PROTECTION FOR CUSTOMARY COMMUNITIES IN THE SETTLEMENT OF DISPUTES OVER LAND TENURE AND UTILIZATION WITH OIL PALM PLANTATION ENTREPRENEURS Bahri, Samsul; Putri, Dina Paramitha Hefni; Richard, Heribertus; Isnawati
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.v8i3.2142

Abstract

This study analyzes legal protection for indigenous peoples in disputes over land ownership and utilization with oil palm plantation entrepreneurs through a normative study of customary rights, the principle of legal certainty, and dispute resolution mechanisms based on Indonesian agrarian law. Constitutionally, Article 18B paragraph (2) and Article 33 paragraph (3) of the 1945 Constitution recognize the rights of indigenous peoples and emphasize that control of natural resources by the state must be directed to the greatest possible prosperity of the people. However, in practice, the granting of Cultivation Rights (HGU) and plantation business permits often gives rise to structural conflicts due to weak administrative recognition of customary areas and unequal bargaining positions. This study uses normative legal methods with a statutory, conceptual, and case approach, including analysis of Constitutional Court decisions and PTUN jurisprudence. The results of the study indicate that legal protection for customary rights is still declarative and does not provide substantive legal certainty. Strengthening legal protection requires regulatory harmonization, formal recognition of customary areas, and reform of dispute resolution mechanisms based on agrarian justice and the principle of the public trust doctrine.
DEFECTIVE AGREEMENTS IN FINTECH DIGITAL DEBT AND RECEIVABLE DEALS Karunia, Anggie; Ekawati; Maisyarah; Asyari, Fatimah
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.v8i3.2145

Abstract

This study examines the flawed agreement of will in digital fintech debt agreements by placing Article 1321 of the Civil Code as the basis for assessing the validity or invalidity of agreements in electronic contracts. This normative juridical legal research uses a statutory, conceptual, and, where relevant, case-based approach, by examining the Civil Code, LPBBTI regulations (including POJK 40 of 2024), the Personal Data Protection Law, as well as doctrine and literature regarding defects of will and abuse of circumstances. The results of the study indicate that digital fintech agreements are, in principle, still subject to the valid conditions of an agreement in Article 1320 of the Civil Code, so that the elements of agreement and the provisions on defects of will in Article 1321 remain applicable in technology-based contractual relationships. However, the textual formulation of Article 1321, which only mentions error, coercion, and fraud, does not explicitly cover modern forms of inequality that arise in the relationship between fintech platforms and debtors, such as urgent financial needs, standard digital contracts, information asymmetry, and economic dependence. In this context, the doctrine of abuse of circumstances (misbruik van omstandigheden) is relevantly positioned as a form of defects of will that allows for the cancellation or adjustment of an agreement when the debtor's consent is obtained through exploiting a weak or pressing situation. Strengthening sectoral regulations through POJK 40 of 2024 and personal data protection norms have indeed improved governance standards and administrative protection, but have not replaced the role of free will analysis in contract law. Therefore, this study concludes that Article 1321 of the Civil Code needs to be interpreted dynamically by incorporating abuse of circumstances as a basis for defective will in digital fintech agreements, in order to strengthen legal protection for debtors as the weak party in the technology-based financial ecosystem.
PRINCIPLES OF JUSTICE AND LEGAL CERTAINTY IN CRIMINAL LAW ENFORCEMENT IN INDONESIA Alex, Lury Elza; Sulistiani, Lies
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.v8i3.2162

Abstract

This research analyses the conceptual conflict between legal certainty and justice within Indonesia's criminal law system, especially with recent advancements like restorative justice and judicial discretion. Legal certainty prioritizes the uniform application of formal legal principles, while justice requires contextual interpretation to reflect social reality. This conflict often leads to discrepancies in court rulings and undermines the credibility of law enforcement. This study utilizes a normative legal approach via legislative, conceptual, and case analysis. This research combines doctrinal legal sources with theoretical frameworks to examine the reconciliation of legal certainty and justice within the criminal justice system. Special emphasis is placed on judicial procedures, such as discretionary judgments and judicial pardons, as mechanisms that connect formal legality with actual justice. The results suggest that achieving harmony between legal certainty and justice requires an integrative framework that encompasses both positive law and the principles of living law, rather than relying only on a strict normative approach. These principles include restorative practices, social reconciliation, proportionality in punishment, and community-based conflict resolution processes grounded in Indonesian legal tradition. This work introduces a Normative Integrative Harmonization Model that regards legal certainty and fairness as complimentary concepts rather than opposing ones. The paradigm highlights three fundamental components: (1) organized judicial discretion informed by accountability criteria, (2) rechtsvinding as a contextual interpretive tool, and (3) the incorporation of living law principles into formal legal systems. This model advances the evolution of responsive criminal law theory and provides a conceptual basis for enhancing consistency, equity, and legitimacy within Indonesia's criminal justice system.
DIGITIZING NOTARIAL PROTOCOLS: A COMPARATIVE STUDY OF INDONESIA, NETHERLANDS, AND GERMANY Hafidzan, Dio Ahmad; Ikhwansyah, Isis; Lubis, Nanda Anisa
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.v8i3.2166

Abstract

This study aims to analyze the legal framework governing the digitization of notarial protocols in Indonesia and to identify reform strategies through a comparative legal approach. The research objects comprise the regulatory systems of Indonesia, the Netherlands, and Germany, three civil law nations at different stages of digital transformation in notarial practice. Using a normative juridical method with a comparative statute and conceptual approach, this study examines primary legal sources including legislation, government regulations, and notarial association guidelines from each jurisdiction. The findings reveal that the Netherlands and Germany have established comprehensive legal frameworks for digital notarial protocols, ensuring authenticity, integrity, and long term legal certainty through electronic archiving systems and digital signature regulations. In contrast, Indonesia's existing legal instruments remain fragmented and inadequate to fully support the digitization of notarial protocols. This study concludes that Indonesia urgently requires a systematic legislative reform, drawing upon best practices from the Netherlands and Germany, to achieve legal certainty in notarial documentation within the era of digital transformation.

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