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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 624 Documents
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IMPLEMENTATION OF BANKING CREDIT AGREEMENTS RESTRUCTURING DURING THE COVID-19 PANDEMI AT BPR ARTHA MUKTI SANTOSA Yudha Pramudya Sakti Yudha; Arikha Saputra
Awang Long Law Review Vol. 5 No. 2 (2023): 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.v5i2.679

Abstract

Apart from having a significant impact on the economic and financial sectors, the presence of Covid-19 has had a negative impact on all aspects of state administration. During the Covid-19 era, when non-performing loan cases have skyrocketed, the banking sector plays an important role, not only as a provider of capital but also because it is important to enable and handle the growth of customer-run companies so that companies can develop while minimizing the danger of bankruptcy, both for customers as a debtor or for a bank as a creditor. Debtors who have difficulty fulfilling their commitments to the Bank due to the spread of Covid-19 are given special treatment based on POJK Number 11/POJK.03/2020, which discussesNational Economic Stimulus as a Countercyclical Policy. During the Covid-19 pandemic. The problem raised by the author is how to apply the restructuring of banking banking agreements during the Covid -19 pandemic at BPR Artha Mukti Santosa and what are the obstacles to implementing banking banking agreement restructuring during the Covid -19 pandemic at BPR Artha Mukti Santosa. The method used by the author is normative juridical by using secondary data such as literacy tests and in-depth interviews with employees at BPR Artha Mukti Santosa to draw conclusions about the law and its application to real world situations. Based on the results of research and discussion that the implementation of restructuring at BPR Artha Mukti Santosa was carried out incorrectly to prospective debtors with strict procedures referring to POJK provisions Number 18/POJK.03.2021 Jo POJK 17/POJK.03/2021 Jo POJK 34 /POJK.03/2021 Regarding the Second Amendment to the Financial Services Authority Regulation Number 34/POJK.03/2020 Concerning Policies for Rural Credit Banks and Sharia Rural Banks As a Impact of the Spread of Coronavirus Disease 2019 such as conducting surveys on debtor business health, debtor eligibility, and good faith of the debtor. Obstacles in implementing Restructuring at BPR Artha Mukti Santosa BPR are such as uncooperative debtors in following the rules, lack of cooperation and bad faith from debtors. Keywords: Restructuring, Credit, BPR Artha Mukti Santosa
CRIMINAL ACCOUNTABILITY FOR ILLEGAL ONLINE LOANS THAT CONDUCT CRIME IN THE FORM OF PEER-TO-PEER LENDING IN THE COMMUNITY Iin Nurcahya Ningsih; Rochmani
Awang Long Law Review Vol. 5 No. 2 (2023): 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.v5i2.684

Abstract

There are many violations committed by illegal online lenders that are troubling the public, and are detrimental to the state because the state does not receive tax payments. The purpose of this study is to analyze and describe the accountability for criminal acts of illegal loan lenders who commit crimes in the form of Peer-to-peer lending to the community and to find out what precautions are being taken so that illegal lenders do not roam in Indonesia which results in the suffering of the Indonesian people. This research method uses a normative research type with the specifications of this research using normative juridical. Source of data in this study using secondary data. Data analysis in this study used descriptive qualitative method. The results of this study indicate that many perpetrators of illegal online loan providers commit violations of Indonesian government regulations, including Law Number 14 of 2008 on Public Information Disclosure Article 85 of the Population Administration Act, in addition to Article 17 letter (h), the Law Number 11 of 2008 Concerning Information and Information and Electronic Transactions Article 26 Paragraph (1) and (2), Article 51 paragraph (1) Jo Article 35 paragraph (1), Article 45 Paragraph (3), Article 45 B, KHUP (Kitab Criminal Law Act) in article 378 of the Criminal Code, Article 368 of the Criminal Code. So, the responsibility of the perpetrators of illegal online loan providers is to get sanctions for closing the company, imprisonment, as well as paying fines and providing compensation. Chairman of the OJK Board of Commissioners Wimboh Santoso said that his party had so far implemented various policies to eradicate illegal loans through the Investment Alert Task Force (SWI).
EFFORTS TO COLLECT TAX WITH A PRIVATE LETTER IN INCREASING TAX REVENUE Novi Aryani Retno Sari; Fitika Andraini
Awang Long Law Review Vol. 5 No. 2 (2023): 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.v5i2.686

Abstract

One source of state revenue that plays a very important role in increasing national development and aims to increase the prosperity and welfare of citizens is tax. Forced Letter (SP) is an order to pay tax debt and tax collection fees. A forced letter is issued if the tax bearer does not pay off the tax debt and a letter of reprimand or warning letter or other similar letter has been issued to him. This study aims to determine the efforts to collect taxes with forced letters in increasing tax revenues at KPP Pratama Pekalongan and to find out how effective tax collection by forced letters is in increasing tax revenues at KPP Pratama Pekalongan. This study uses a normative juridical approach, uses descriptive qualitative research specifications, and uses data collection techniques with primary and secondary data types.The results showed that efforts to collect taxes with forced letters in increasing tax revenue at KPP Pratama Pekalongan were carried out according to procedures, in the implementation of Tax Debt Collection with Forced Letters against Tax Underwriters at the Pekalongan Primary Tax Service Office encountered several obstacles, including because the tax bearer changed -change and not updated by the taxpayer and the tax collection department is less assertive in dealing with it taxpayers who do not want to pay on time. The effectiveness of tax collection by forced letter, based on tax collection by forced letter in 2020 tax revenue was 52,822,510,688, but the disbursement of tax arrears obtained was only 3,075,931,087 (6% contribution), while in 2021 tax revenue was 35,986,957,621 , but the disbursement of tax arrears amounted to 6,100,666,734 (17% contribution).
WOMEN'S RIGHTS VIOLATIONS IN THE PRACTICE OF VIRGINITY TESTING CONDUCTED BY THE INDONESIAN NATIONAL ARMED FORCES AND THE INDONESIAN NATIONAL POLICE FORCE Valerie Selvie Sinaga; Michael Adrian Young
Awang Long Law Review Vol. 5 No. 2 (2023): 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.v5i2.693

Abstract

Virginity testing is a practice that is discriminatory, degrading to the honor and dignity of women, and is also a violation of human rights, which is carried out by the Indonesian National Police (POLRI) towards female police officer candidates as well as the Indonesian National Armed Forces (TNI) towards female soldier candidates. Therefore, two problems arise in this research, namely what kind of obligations and responsibilities does Indonesia have in regards to providing legal protection for women according to international law, and how is the legality of the practice of the virginity tests carried out by POLRI and TNI according to international law. This study uses a qualitative, normative-legal approach. The result of this study are as follows: The obligations and responsibilities that Indonesia has in regards to providing legal protection for women is mandated by Article 7 of UDHR, Article 4 letters d, e, f, and l of Declaration on the Elimination of Violence Against Women (DEVAW), Article 2 letters a, b, c, and f of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), as well as Article 3 and Article 26 of the International Covenant on Civil and Political Rights (ICCPR). In regards to the legality of the virginity tests carried out by POLRI and TNI, such practice violates article 1, article 2, article 5 of Universal Declaration of Human Rights (UDHR), article 1, article 2 section (3), article 3, and article 4 letter b of DEVAW, article 1 and article 2 letter d of CEDAW, article 7 of ICCPR, as well as article 16 and article 10 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).
POLITICAL EDUCATION TO INCREASE BEGINNER VOTER PARTICIPATION IN THE 2019 GENERAL ELECTIONS Danang Sa'adawisna; Bayu Karunia Putra
Awang Long Law Review Vol. 5 No. 2 (2023): 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.v5i2.716

Abstract

This article aims to find out the implementation of political education programs to increase the participation of first-time voters in the 2019 general elections in Malang Regency. This topic is important and interesting, because the increase in community participation has a great influence in holding elections, coupled with socialization and political education which is one of the strong foundations for building the level of voter participation in using their right to vote as well as possible, especially during elections. general public in 2019. This research method is a method that uses a descriptive qualitative approach, where this method utilizes qualitative data and is described descriptively. Sources of data in this study were obtained through interviews, observation, and online media. Data collection and data analysis techniques in this study were interviews, observations, and online media conducted by researchers to collect, explore, and gather valid, complete, and relevant information relating to the topic of the problem which is the object of research. The research finds that, with regard to political education, it is very useful as a strategy to increase a high participative attitude in using their right to vote as best as possible, because this strategy is a good step to encourage them to become agents of change, so that awareness of rights politics, democracy, and community participation can be further improved.
THE IMPLEMENTATION OF PACTA SUNT SERVANDA PRINCIPLE AS A BASIS FOR MAKING MEMORANDUM OF UNDERSTANDING Arum Puspita Kesuma; Muh Afif Mahfud
Awang Long Law Review Vol. 5 No. 2 (2023): 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.v5i2.724

Abstract

Memorandum of Undersatanding is an initial agreement that regulates and provides an opportunity for the parties to conduct a feasibility study before arriving at a more comprehensive agreement. Making a Memorandum of Undersatanding requires the implementation of the principle of pacta sunt servanda to show that the parties have a binding agreement with each other. This research aims to find out how the implementation of pacta sunt servanda principle as the basis for making Memorandum of Undersatanding and how the legal position of Memorandum of Undersatanding. Using normative juridical legal research method with qualitative analysis. The results of this study conclude that the implementation of the principle of pacta sunt servanda as the basis for making Memorandum of Undersatanding is very important to ensure that the parties fulfill their promises and commitments and the agreement is respected and fulfilled by the parties. The legal position of the Memorandum of Understanding from the perspective of contract law is as an informal agreement that is not legally binding, but has strategic and diplomatic importance.
JURIDICAL REVIEW ON CHANGES TO AD/ARTS OF SUBUR MAKMUR AGRO INDUSTRY COOPERATIVE REGENCY EAST KUTAI POST-CANCELLATION Esti Royani; Khoirul Arifin; Hagverdiyeva Shalala
Awang Long Law Review Vol. 5 No. 2 (2023): 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.v5i2.725

Abstract

Amendments to the Cooperative Law brought Number 25 of 1992 to Number 17 of 2012 bringing a very basic change, this is due to the change in cooperative business from being member welfare to corporations, and then canceled by the Constitutional Court. This is what makes the author interested in conducting research so that the author takes the title of Juridical Review of Changes in Ad/Art of Subur Makmur Agro-Industry Cooperatives, East Kutai Regency after the Cancellation of Law Number 17 of 2012 concerning Cooperatives by the Constitutional Court. From the research conducted, finally the author can conclude that with the cancellation of the entire contents of the operation law number 17 of 2012 by the Constitutional Court with the decision number: 28/PUU-XI/2013 which states cancel the entire contents of the law number 17 of 2012 and at the same time re-enacting Law No. 25 of 1992 until the next cooperative law, then legally all cooperative legalities (AD/ART) that rely on law number 17 of 2012 are null and void and return to the law. The Legality of Cooperatives (AD/ART) which relies on the cooperative law number 25 of 1992, is the case with the Subur Makmur Agro-Industry Cooperative, Sangatta, East Kutai Regency.
SEMARANG CITY HOUSING INFRASTRUCTURE MANAGEMENT BASED ON REGIONAL REGULATION AND MAYOR REGULATION Kun Fadira Fachrani; Zil Aidi
Awang Long Law Review Vol. 5 No. 2 (2023): 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.v5i2.726

Abstract

The provision of infrastructure governance is often the center of attention for problems in residential areas because infrastructure services are not fulfilled. Communities should be able to feel these services for free in their housing environment. This writing aims to identify and analyze the duties and functions of the Housing and Settlement Area Department (Disperkim) in providing quality infrastructure for communities in residential areas. Researchers used legal research methods with a normative juridical approach. The results of this study indicate the duties and functions of the Housing and Settlement Area Department as one of the Regional Apparatuses or Regional Technical Implementation Units of the City of Semarang in improving the quality of housing and settlement infrastructure.
LEGAL REMEDIES OF THE INVESTMENT ALERT TASK FORCE IN COUNTERING FICTITIOUS INVESTMENTS Maryano
Awang Long Law Review Vol. 5 No. 2 (2023): 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.v5i2.727

Abstract

The purpose of this study is to examine how to protect investors from illegal investment crimes. So that the public can be educated. This research uses a normative juridical approach method. The result is that the mode of fraud under the guise of illegal investment still occurs frequently, although with the formation of the Investigation Alert Task Force the fraud still occurs although it is not as lively as it used to be. Especially after the emergence of cases of artists who were caught for illegal investments. The resilience of Indonesia's economic conditions, especially when hit by the pandemic but still quite strong, is still quite strong, especially positive growth is still occurring in this country. Practically this is the goal of investors. Plus based on the data, the new middle class continues to crawl up. Apparently, this has contributed to increasing the occurrence of crime in the investment sector. Investment is very important for the economic development of a country. A country will find it difficult to develop if there is no investment to support its process. Investment can also be called investing money or capital, which aims to get a profit. An investment is the obligation to inject funds in an asset for a certain period of time in the future. Crime in the investment sector gives rise to fictitious investments that are widely offered to the public by illegal investment companies. People who actively invest are sometimes less vigilant and clear in making investment choices. The rampant incidence of fraud under the guise of illegal investment has made the state present, one of which is the establishment of the Investment Alert Task Force. Through library research and normative descriptive qualitative methods, the author wants to dive into the extent to which the task force commanded by the FSA will become a stronghold for investors.
EDUCATION CITY POLICY IN HANDLING CHILDREN WITHOUT SCHOOL Bela Safira; Eri Yusnita Arvianti; Cahyo Sasmito
Awang Long Law Review Vol. 5 No. 2 (2023): 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.v5i2.730

Abstract

The purpose of this research is to find out and analyze government policies as well as supporting and inhibiting factors to minimize children who do not go to school. The method in this research is qualitative research that focuses on city education policies. Data collection techniques with interviews, observation and documentation. and Conclusion The results of the study show that the government has a program to prevent children from dropping out of school, namely free elementary-junior high schools, a zoning system for new schools. students, free uniforms for underprivileged people, package A, B and C systems, and school buses. However, the fact is that the programs implemented have not been on target and there are still children who drop out of school in Malang City or the City of Education.

Page 59 of 63 | Total Record : 624

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