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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 579 Documents
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THE NEW PARADIGM FOR JUDGES IN DECIDING CRIMINAL CASES: BALANCING LEGAL CERTAINTY AND SUBSTANTIVE JUSTICE Suviana Suwoto Mulyosudarmo; Vieta Imelda Cornelis; Siti Marwiyah; Wahyu Prawesthi
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.v8i4.2172

Abstract

The enactment of Law No. 1 of 2023 on the Criminal Code (KUHP) marks a fundamental transformation in Indonesia’s criminal justice system, shifting the paradigm from retributive justice toward corrective, rehabilitative, and restorative justice. This research aims to analyze the transformation of the judge’s role from being a mere “mouthpiece of the law” (la bouche de la loi) to becoming a progressive legal finder (rechtsvinding), while examining the balancing mechanism between formal legal certainty and substantive justice. Using a normative legal research method with conceptual and statutory approaches, this study finds that the new Criminal Code grants broad humanistic discretionary power to judges. This is reflected in Article 12 regarding the recognition of living law, Article 51 concerning holistic sentencing guidelines, and Article 54 regarding judicial pardon. The research findings emphasize that this new role requires judges to perform individualized sentencing that considers the subjective condition of the perpetrator and the restoration of the victim. However, the flexibility of this discretion brings consequences regarding the urgency of moral integrity and the accountability of legal reasoning (ratio decidendi). Without solid ethical standards, discretion risks falling into judicial arbitrariness. This research concludes that the success of national criminal law reform depends heavily on the intellectual readiness of judges to harmonize statutory texts with the sense of justice embedded within society.
UTILITARIAN ANALYSIS OF THE ENFORCEMENT OF VILLAGE HEAD NEUTRALITY Gede Ganesha; Ni Ketut Sari Adnyani; Ni Made Anggia Paramesthi Fajar; Komang Febrinayanti Dantes
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.v8i4.2173

Abstract

The 2024 Simultaneous Regional Election (Pilkada) emphasizes the importance of neutrality among village government officials, particularly village heads, in maintaining the integrity and fairness of the democratic process. The repeated violations of village head neutrality in Buleleng Regency, despite administrative sanctions, raise questions about the effectiveness of law enforcement. This study aims to analyze the enforcement of village head neutrality by Bawaslu Buleleng from a utilitarian perspective, focusing on social benefits and deterrent effects. The research uses a qualitative normative approach with a statute approach, examining relevant regulations, Bawaslu documents, and academic literature. The results indicate that Bawaslu has carried out its supervisory functions according to regulations through report receipt, verification, clarification, and administrative sanction recommendations. However, the effectiveness of these sanctions is limited, as repeated violations continue to occur. From a utilitarian perspective, sanctions limited to written warnings have not maximized social benefits, such as increased public trust and fair political competition. Enforcement of village head neutrality would be more effective if combined with deterrent sanctions, political education, and legal awareness campaigns. These findings are important for strengthening election supervision strategies and enhancing local democratic quality.
LIMITATION OF THE CRIMINALIZATION OF BUSINESS DECISIONS FROM THE BUSINESS JUDGMENT RULE PERSPECTIVE: A CASE STUDY OF AMSAL SITEPU IN A COMMANDITAIRE VENNOOTSCHAP Andri Wahyu Putranto; Bhenarido Akbar; Elfani Br Ketaren; Evana Ardelia Rein
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.v8i4.2190

Abstract

This study aims to analyze the limits of criminalization of business decisions from the perspective of the Business Judgment Rule (BJR), using the case study of Amsal Sitepu in a Limited Partnership (CV). The primary focus of the study is to examine the position of BJR in Indonesian corporate law and the conceptual relevance of its application to active partners in CVs who lack the normative protections afforded by Limited Liability Companies. The research method used is a qualitative approach, incorporating juridical-normative methods and case studies, to understand the application of legal principles in practice and identify the boundaries between business risk and criminal liability. This study concludes that the BJR plays a crucial role in limiting the criminalization of business decisions, both normatively within Limited Liability Companies and conceptually against active partners of CVs, in order to maintain a balance between business freedom and legal certainty.
CALCULATION OF FINANCIAL LOSSES IN VILLAGE CREDIT INSTITUTIONS: THE AUTHORITY OF THE REGIONAL INSPECTORATE FROM AN ADMINISTRATIVE LAW PERSPECTIVE I Wayan Widiastina; Ni Ketut Sari Adnyani; Komang Febrinayanti Dantes
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.v8i4.2241

Abstract

One of the important principles of good governance is transparent and accountable state financial management. Deviations in financial management can cause state financial losses that can disrupt state stability and reduce public trust. The authority to calculate and determine state financial losses is constitutionally vested in the Supreme Audit Agency (BPK). However, in the practice of regional governance, the Government Internal Supervisory Apparatus, in this case the Regional Inspectorate, is also involved in the audit process related to indications of state financial losses. The problem becomes more complex when this authority is applied to Village Credit Institutions (Lembaga Perkreditan Desa), which are customary financial institutions in Bali Province. This study aims to analyze the concept of state financial losses from an administrative law perspective and examine the authority of the Regional Inspectorate in calculating losses at Village Credit Institutions. The method used in this study is a normative legal research method with a statutory regulatory approach and a conceptual approach. The legal materials used include statutory regulations, legal literature, and relevant scientific articles. The research results indicate that the Regional Inspectorate has the authority to conduct audits and calculate indications of losses as part of the government's internal oversight function, but the authority to determine final state financial losses remains with the Supreme Audit Agency (BPK). Therefore, clarity in the regulation of authority is needed to avoid overlapping authority between supervisory institutions.
A LEGAL ANALYSIS OF FRAUD IN ONLINE TRANSACTIONS Moh. Harish Reza Cahyo Sutartono; Nur Handayati; M. Syahrul Borman; Dudik Djaja Sidarta
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.v8i4.2243

Abstract

Advances in information and communication technology have driven an increase in online buying and selling activities among the public. The convenience of electronic transactions has had a positive impact on commercial activities; however, it has also given rise to various legal issues, one of which is the criminal offense of fraud in online transactions. Such fraud is generally committed through social media, marketplaces, or other digital platforms using fake identities, false information, or deceptive tactics that result in financial losses for consumers. This study aims to analyze the legal framework governing criminal fraud in electronic transaction-based buying and selling and to examine the relationship between the provisions of Law No. 1 of 2023 on the Criminal Code and the Law on Information and Electronic Transactions in addressing online buying and selling fraud. The research method used is normative legal research with a legislative approach and a conceptual approach. The results of the study indicate that criminal acts of fraud in online sales and purchases are regulated in Articles 492, 493, 495, and 497 of the Criminal Code, while in electronic transactions, they are also related to the provisions of the Electronic Information and Transactions Law.
RECONSTRUCTION OF THE AUTHORITY TO DETERMINE THE CALCULATION OF STATE LOSSES RESULTING FROM CRIMINAL ACTS OF CORRUPTION A. Muhajir; M. Iman Santoso; Hartanto; Lukman Hakim
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.v8i4.2352

Abstract

The purpose of writing this dissertation is to determine the ideal authority regarding determining the calculation of state losses resulting from criminal acts of corruption. can be reconstructed ideally in the future. The research problem is based on the lack of harmony of norms that lead to the emergence of conflicting norms of laws and regulations related to the understanding of "state losses" with "state financial losses", including the conflict of norms related to "the institution authorized to calculate them". In fact, the calculation of state financial losses and the institution authorized to calculate them are elements of evidence that have a decisive role in handling criminal acts of corruption. This research is a normative legal research with a legislative approach, a conceptual approach, a case approach, and a comparative legal approach. The analysis was conducted using the theory of legal certainty as a grand theory , the theory of criminal responsibility as a middle-range theory , and the theory of authority as an applied theory . Furthermore, these three theories are connected to empirical facts regarding the application of the calculation of state losses by the Supreme Audit Agency (BPK) and other institutions besides the BPK. The research results show that the provisions in various laws and regulations and law enforcement are not sufficient to resolve the existing problems. This is due, among other things, to the lack of compliance of law enforcers, especially the prosecutor's office, in implementing the calculation of financial losses through institutions other than the BPK or at least using calculations from other institutions without a declaration from the BPK. The novelty of this dissertation lies in the effort to reconstruct the norm of state losses into state financial losses regulated in the stages of laws and regulations. Another novelty is to emphasize the authority to determine state financial losses which has been expressly regulated in Article 23C. and 23E paragraph (1) of the 1945 Constitution of the Republic of Indonesia and other statutory provisions which place the BPK as an institution with attributive authority and with a single authority model , which is then introduced in all laws and regulations as long as they are related to law enforcement related to state financial losses, including in the BPK Law, the State Administration Law, the State Treasury Law, the Corruption Crime Law, the Attorney General's Law of the Republic of Indonesia, the Corruption Eradication Commission (KPK) Law and in the Criminal Procedure Code.
THE EXISTENCE OF MORTGAGE RIGHTS IN THE BASIC AGRARIAN LAW AND THE DYNAMICS OF ITS REGULATION IN THE MODERN ERA Richard
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.v8i4.2362

Abstract

The development of land registration systems and electronic transactions has driven the transformation of land administration in Indonesia, including the implementation of Mortgage Rights as a collateral institution for land rights. This study aims to analyze the existence of Mortgage Rights in the Indonesian land law system and examine the dynamics of its regulation in the modern era. This study uses a normative legal research method with a statute approach and a conceptual approach . The legal materials used include primary, secondary, and tertiary legal materials analyzed qualitatively through literature studies. The results of the study indicate that the existence of Mortgage Rights is maintained as the only material collateral institution specifically charged with land rights based on the Basic Agrarian Law and Law Number 4 of 1996 concerning Mortgage Rights. This existence is not only reflected in normative recognition, but also in the continuity of its function in providing legal certainty, legal protection, and supporting the national financing system. The dynamics of Mortgage Rights regulation in the modern era take place through the transformation of the administrative mechanisms for encumbrance, registration, verification, and cancellation of Mortgage Rights into an electronic system without changing the substance of Mortgage Rights as a material security right. These changes indicate that modernization is more directed at the implementation of land administration rather than changes to the legal construction of Mortgage Rights. Therefore, the development of Mortgage Rights regulations needs to be directed at harmonization between Law Number 4 of 1996 and regulations regarding electronic systems and digital land administration in order to accommodate the development of land registration systems and electronic transactions without reducing legal certainty and the effectiveness of Mortgage Rights institutions.
PUBLIC OFFICIALS' UNLAWFUL ACT LAWSUITS AND PRESS FREEDOM THROUGH RESTORATIVE JUSTICE MECHANISMS Natasya Dwi Nanda; Nuryati Solapari; Sariyah
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.v8i4.2364

Abstract

This study aims to analyze the normative tension between Article 1365 of the Indonesian Civil Code on unlawful acts and Press Law No. 40/1999, as well as to examine the implications of Constitutional Court Decision No. 145/PUU-XXIII/2025 for protecting press freedom from civil lawsuits filed by public officials. This tension arises because public officials and civil judges tend to disregard restorative justice mechanismssuch as the right of reply, correction right, and Press Council mediation which should serve as lex specialis in press disputes. Therefore, the urgency of this research lies in the pressing need for legal certainty for journalists facing SLAPP-type civil lawsuits. Employing a normative-juridical method with a prescriptive specification, along with statutory and case approaches, this study produces a novelty in the form of a mutual protection concept post-Constitutional Court decision that mandates restorative justice as an absolute prerequisite before civil lawsuits can be processed as a last resort. The results confirm that Constitutional Court Decision No. 145/PUU-XXIII/2025 constitutes a legal instrument shifting the paradigm of press protection from declarative-absolute to conditional-procedural, meaning that district court judges are obliged to declare civil lawsuits filed by public officials inadmissible if restorative justice mechanisms through the Press Council have not been pursued.
LEGAL POSITION OF THE CAPITAL CITY OF THE ARCHIPELAGO IN THE INDONESIAN CONSTITUTIONAL SYSTEM Husni Thamrin; Norhayah Zulkifli; Muhammad Husni Fahrudin
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.v8i4.2367

Abstract

This study aims to analyze the legal provisions for the Indonesian Capital City, its legal status within the Indonesian constitutional system, and its legal implications for governance. This study begins with the establishment of the Indonesian Capital City through Law Number 3 of 2022 as amended by Law Number 21 of 2023, which not only relocates the nation's capital but also establishes a special regional government design through the Indonesian Capital City Authority. This study uses normative legal methods with statutory, conceptual, and constitutional approaches. The data used are primary, secondary, and tertiary legal materials analyzed qualitatively. The results show that the legal provisions for the Indonesian Capital City have a constitutional basis based on the principles of the rule of law, regional governance, central-regional relations, and the recognition of special regional government units. Formally, the Indonesian Capital City is positioned as a special regional government unit at the provincial level, but substantively exhibits an administrative-centralistic character because it is led by a Head of Authority appointed by the President, holds a ministerial position, and is not accompanied by a Regional People's Representative Council (DPRD). Therefore, the IKN can be understood as a sui generis constitutional entity. Its legal implications are evident in the narrowing of local political autonomy, the strengthening of vertical central-regional relations, the weakening of local checks and balances, the limitation of community political representation, and the potential for normative disharmony within the Indonesian constitutional system.

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