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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.
Arjuna Subject : -
Articles 579 Documents
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LEGAL POLICY ON THE ECONOMIC RIGHTS OF SONGRITERS IN ROYALTY DISPUTES IN THE MUSIC INDUSTRY Aprianto Ihwan; Erham; Ilham
Awang Long Law Review Vol. 8 No. 4 (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.v8i4.2126

Abstract

These research examines the inconsistency between legal rules and their application in practice the management within the song royalties on Indonesia. The findings of this study indicate that, normatively, safeguarding of creators' economic rights has been regulated in Copyright Law Number 28 of 2014 and Government Regulation Number 56 of 2021 on the Management of Song and/or Music Royalties and Regulation about the Minister of Ministerial Regulation of Law and Human Rights Number 9 of 2022, through a royalty management mechanism by Collective rights management organizations and the national collective management authority. However, in practice, that implementation of these regulations has not been optimal due to a lack of transparency, weak supervision, and low compliance by music users in paying royalties. Therefore, greater oversight is needed, increase transparency,enforce the verdict more strictly so that ensuring economic rights for songwriters can be carried out effectively.
LEGAL STUDY OF THE CRIMINAL ACT OF ADULTERY Johan Alfred Sarades Silalahi; Novelina Mutiara Sariati Hutapea; Desy Kartika Caronina Sitepu
Awang Long Law Review Vol. 8 No. 4 (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.v8i4.2127

Abstract

This journal is entitled Legal Review of the Criminal Act of Adultery (Cohabitation) in the Perspective of Law Number 1 of 2023. The focus of the study in this journal is how the concept of Law Number 1 of 2023 as an effort to overcome the criminal act of adultery (cohabitation). This type of research is library research. The data sources in this study are primary data sources, namely from Article 412 of the New Criminal Code concerning cohabitation and secondary data sources from books, journals, books, and other sources that have relevance to the study in this research. The data collection technique in this study is a library technique. The results of this study indicate that the Criminal Sanctions are heavier, the criminal sanctions in Article 412 of the New Criminal Code should be heavier than Article 411 of the New Criminal Code. At least 2 times heavier than the maximum penalty in Article 411 of the New Criminal Code, the reason is that if you have lived together, it is certain that you will commit adultery repeatedly. If the criminal sanctions in Article 412 of the New Criminal Code are lighter than those in Article 411 of the New Criminal Code, couples who intend to commit adultery may prefer to cohabit because if caught, the maximum penalty is much lighter.
APPLICATION OF THE BUSINESS JUDGMENT RULE IN ASSESSING DIRECTOR LIABILITY POST-ACQUISITION BY STATE-OWNED ENTERPRISES Audrey Adyuta Putri; Nyulistiowati Suryanti
Awang Long Law Review Vol. 8 No. 4 (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.v8i4.2130

Abstract

Acquisitions represent a pivotal strategy for publicly listed state-owned enterprises (SOEs) to achieve rapid business expansion and enhance corporate value. However, these transactions carry substantial risks of failure that may expose directors to legal liability claims. This raises a critical question: how should the liability of directors of publicly listed SOEs be assessed when their post-acquisition decisions result in adverse outcomes? This research examines the application of the business judgment rule (BJR) as a legal standard for evaluating directors' liability in the context of post-acquisition decision-making by publicly listed SOEs. Employing a normative juridical approach with statutory and conceptual analysis, this study investigates the challenges of applying the BJR within the distinctive dual mandate of SOEs, pursuing commercial profitability while simultaneously fulfilling public service obligations. The analysis focuses on balancing the need to provide legal protection that enables directors to undertake calculated business risks with the imperative to safeguard state assets and protect public shareholders' interests. The findings reveal that applying the BJR in its conventional form to SOEs presents significant challenges due to potential state intervention, non-commercial objectives, and heightened accountability expectations. This research concludes that a modified application of the BJR is necessary for publicly listed SOEs, supported by strengthened governance frameworks that ensure directors' post-acquisition decisions adhere to principles of prudence, good faith, transparency, and accountability while accommodating the unique characteristics of state ownership.
LEGAL FORCE AND IMPLICATIONS OF POLITICAL PARTY COURT DECISIONS ON THE SETTLEMENT OF INTERNAL DISPUTES AND INTRAPARTY DEMOCRACY IN INDONESIA Imran; Taufik Firmanto; Erham
Awang Long Law Review Vol. 8 No. 4 (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.v8i4.2135

Abstract

The Political Party Court is an internal institution established by political parties to independently resolve disputes within the party before resorting to state courts. It plays a strategic role in maintaining organizational stability and strengthening intra-party democracy. The objective of this study is to analyze the binding force of the Political Party Court's decisions and their implications for the effectiveness of dispute resolution and the quality of internal party democracy in Indonesia. The research method used is normative legal research with a legislative and conceptual approach based on literature studies. The results of the study indicate that normatively, the decisions of the Party Court are binding on members and administrators based on positive law and the party's Articles of Association/Bylaws, but their effectiveness is often hampered by non-compliance by the parties, weak internal enforcement, and continued open access to state justice. This condition causes the Party Court's function as an autonomous forum for dispute resolution and a driver of transparent and accountable intra-party democracy to not function optimally. Therefore, institutional strengthening, affirmation of the legal standing of its decisions, and increased internal party commitment are needed to make the Party Court the primary mechanism for resolving internal disputes.
NATIONAL HEALTH INSURANCE CONTRIBUTION COMPLIANCE STRATEGY FOR EMPLOYERS: PROTECTION AND LEGAL RISKS Lili Riyanti As; Andi Muhammad Asrun; Iwan Darmawan
Awang Long Law Review Vol. 8 No. 4 (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.v8i4.2138

Abstract

The development of the National Health Insurance (JKN) policy in Indonesia has created dynamics in the efforts to enforce compliance with contributions by employers. On one hand, the strengthening of regulations provides clearer protection for workers thru guarantyd participation and the sustainability of access to health services. On the other hand, the implementation of administrative sanctions and increasingly stringent enforcement mechanisms pose challenges for employers in fulfilling these obligations. This study aims to analyze the implementation of the intersectoral enforcement model in JKN contribution compliance and its implications for worker protection and legal risks for employers. The method used is a normative juridical approach with an analysis of the relevant legislation. The research results show that the intersectoral model can enhance the effectiveness of law enforcement thru data integration and inter-agency coordination. However, there are still obstacles such as data inconsistencies between agencies and limited supervisory capacity. The implication of implementing this model is the increased transparency and accountability in the JKN system, while also providing more optimal protection for workers without neglecting legal certainty and business continuity for employers.
THE URGENCY OF REVISING THE REGULATIONS ON LEGAL REVIEW EFFORTS TO ACHIEVE JUSTICE AND LEGAL CERTAINTY Resi Nurul Hasanah; Alfies Sihombing; Yeni Nuraeni
Awang Long Law Review Vol. 8 No. 4 (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.v8i4.2156

Abstract

Law enforcement in the Indonesian rule of law, based on Pancasila and the 1945 Constitution, aims to achieve justice, legal certainty, and utility in a balanced manner. However, in practice, there are still various problems, such as the declining public trust in law enforcement agencies and inconsistencies in judicial decisions. One of the crucial problems is the regulation of the legal remedy of judicial review (PK) which still places the authority of examination and decision-making in the same institution, namely the Supreme Court, thereby potentially causing conflicts of interest and reducing the objectivity of the judiciary. This research aims to analyze the urgency of renewing the regulation of judicial review in realizing justice and legal certainty. The research method used is normative legal research with a library approach, thru the analysis of relevant primary and secondary legal materials. The research results indicate that reform of the review regulation is necessary thru the strengthening of checks and balances mechanisms, including considering the involvement of other institutions outside the Supreme Court and the reaffirmation of the novum criteria as the main requirement for submitting a review. Thus, these reforms are expected to enhance the effectiveness of the review as an instrument of justice and strengthen the integrity of the judicial system in Indonesia.
STRENGTHENING MEANINGFUL PARTICIPATION THROUGH PUBLIC INFORMATION DISCLOSURE IN ELECTION FINANCING: THE ROLE OF THE YOUNGER GENERATION IN SAFEGUARDING DEMOCRATIC PROCESSES IN INDONESIA Rasyetyari; Ani Purwanti
Awang Long Law Review Vol. 8 No. 4 (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.v8i4.2158

Abstract

Elections and electoral processes constitute arenas of political contestation involving various stakeholders, including political parties, election participants, election management bodies, and public participation, as constitutionally guaranteed under the Constitution of the Republic of Indonesia of 1945 (UUD NRI 1945). However, this does not imply that the administration of elections and electoral processes is free from problems, as evidenced by the prevalence of corruption practices, vote manipulation, bribery, and the lack of transparency in campaign financing, which reflect the long-standing and intertwined challenges in electoral implementation. This scientific paper aims to identify, analyze, and understand the problems related to campaign finance transparency, as well as to seek ideal solutions by integrating technology through the utilization of machine learning as a decision support system. The research method employed is doctrinal legal research, with the research outcome formulated in the form of an ideal legal construction through legal reconceptualization. The recommendations proposed by the author include the necessity of conducting careful legal scrutiny through a comprehensive, sharp, and in-depth analysis of the scope, regulatory direction, and substantive content of the proposed regulations, as well as the need for synergistic and complementary coordination to support the supervision of campaign financing in Indonesia.
ENFORCEMENT OF CRIMINAL LAW ON PORNOGRAPHY IN INDONESIA FROM THE PERSPECTIVE OF NATIONAL CRIMINAL LAW REFORM Mey Sri Yanti W; Iwan Darmawan; Alfies Sihombing
Awang Long Law Review Vol. 8 No. 4 (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.v8i4.2167

Abstract

The development of information and communication technology has brought significant changes to the patterns of production, distribution, and consumption of digital content in Indonesia, including the increased spread of pornographic content thru cyberspace. This phenomenon poses serious challenges in the enforcement of criminal law due to the complex, anonymous, and transnational nature of digital crimes. This research aims to analyze the regulation of pornography offenses in Indonesia, law enforcement from the perspective of national criminal law reform, and the effectiveness of law enforcement in addressing digital pornography. The research method used is normative legal research with a legislative approach and a conceptual approach. The legal materials used consist of primary, secondary, and tertiary legal materials that are analyzed qualitatively thru descriptive methods. The research results show that pornography offenses in Indonesia are regulated by Law Number 44 of 2008 on Pornography, Law Number 1 of 2023 on the Criminal Code, and the Electronic Information and Transactions Law. However, the diversity of these regulations still creates the potential for normative disharmony, overlapping regulations, and multiple interpretations of the definitions and scope of prohibited acts. Law enforcement against pornography crimes shows a shift from a repressive approach to a preventive and educational approach in line with the direction of national criminal law reform. Nevertheless, its implementation still faces obstacles from the aspects of legal substance, legal structure, and the legal culture of society. The effectiveness of law enforcement against digital pornography is still not optimal due to the rapid development of technology, the limited capacity of law enforcement officers, and the low digital literacy of the public. Therefore, regulatory harmonization, institutional strengthening, and increasing public legal awareness are necessary to achieve effective, adaptive, and just law enforcement.
BOTTLENECK ANALYSIS AND TRIAGE FLOW DESIGN OF CYBER FRAUD REPORTING IN INDONESIA Tommy Nugraha Manoppo; Muhammad Wishnu
Awang Long Law Review Vol. 8 No. 4 (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.v8i4.2168

Abstract

Cyber fraud reporting in Indonesia has become increasingly important as financial losses caused by digital fraud continue to increase. However, the effectiveness of initial responses remains strongly influenced by the quality and timeliness of initial reports. This study aims to identify bottlenecks in the current cyber fraud reporting pipeline and design a more responsive triage-based reporting flow. The study employs a qualitative approach using process analysis combined with design science research. The research stages begin with mapping the current reporting flow, or as-is condition, followed by bottleneck analysis at each stage of the reporting process, including victim awareness, evidence collection, reporting channels, verification, and routing to administrative or criminal mechanisms. The findings indicate four main issues: delays in the initial phase, heterogeneity of initial reports, fragmentation of reporting entry points and routing weaknesses, and gaps in initial case readiness. Based on these findings, this study proposes a to-be reporting flow that does not alter the downstream administrative or criminal mechanisms, but improves the upstream process through report verification and post-reporting triage. The proposed triage classifies reports into three categories: immediate handling, follow-up handling, and reports requiring further completion. This model is expected to improve the quality of incoming reports, reduce the burden of initial verification, and support more structured and targeted initial responses to cyber fraud cases. The contribution of this research lies in integrating as-is flow mapping, bottleneck identification, and triage flow design into a single conceptual framework for improving cyber fraud reporting.
LEGAL STRATEGIES IN HANDLING SPATIAL CONFLICT IN REGIONAL GOVERNMENT Fadil Raid Suhariadi; Vieta Imelda Cornelis; Sri Astutik; Nur Handayati
Awang Long Law Review Vol. 8 No. 4 (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.v8i4.2171

Abstract

Spatial conflict is a common problem in regional development due to differing interests in spatial utilization. This conflict generally involves various parties, such as local governments, communities, and the private sector, who have different interests in the use of land and regional resources. This study aims to identify the factors causing spatial conflict at the local government level and analyze legal strategies that can be used to resolve such conflicts. The research method used is a normative legal approach combined with an empirical legal approach through an analysis of laws and regulations, scientific literature, and case studies of spatial conflicts in the region. The results show that spatial conflict is generally triggered by a mismatch between spatial planning and development implementation, increasing economic and investment interests, unequal public access to space, and weak coordination between government agencies. To address these problems, a comprehensive legal strategy is needed through a preventive approach in spatial planning, the implementation of dispute resolution mechanisms such as mediation, arbitration, and litigation, as well as strengthening regulations and consistent law enforcement. In addition, increasing education and socialization of spatial planning policies to the public is also an important factor in creating more transparent, participatory, and sustainable spatial governance.

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