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Awang Long Law Review

awl
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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 550 Documents

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MARRIAGE CANCELLATION BECAUSE OF HUSBAND'S MISUNDERSTANDING ABOUT HIS WIFE (Decision Number: 700/Pdt.G/2020/PN.Mdn) Sevania Abigael Naibaho; Mohamad Fajri Mekka Putra
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

This study aims to analyze the considerations of the State Court judges in annulling a marriage due to the husband's misunderstanding about his wife in Decision Number: 700/Pdt.G/2020/PN.Mdn and the legal implications of canceling a marriage due to the husband's misunderstanding about his wife. The research approach used is normative juridical law research or library research, with descriptive research type. The data analysis method used is qualitative. The results of this study indicate that the consideration of the District Court judge who granted the marriage annulment suit in the Medan District Court Decision Number: 700/ Pdt.G/2020/PN.Mdn was that the Petitioner wanted to marry the Respondent because among the Petitioners saw the quality of Education of the Respondent who claimed to be studying S1 and S2 at the University of Indonesia, and the profession of the Respondent who claims to work as a lawyer at the MAKES & Partners Law office. However, after the Petitioner married the Respondent, it turned out that the Respondent's confession did not match the truth, namely that the Respondent was proven to have studied S1 at Bung Karno University, and the Respondent had only worked at MNCTV for 1 (one) year. Because it has been proven that there has been a misunderstanding of the Petitioner against the Petitioner as described above, according to the Assembly, the Petitioner can prove the truth of the arguments of his application so that the Petitioner's application to annul his marriage is granted. The legal implication for the annulment of marriage due to a misunderstanding of the Petitioner (husband) against the Respondent (wife) is that the termination of the legal relationship between husband and wife results in the end of the household that has been formed, so that everything that was originally legal will become invalid after the court's decision. there is a court decision that grants the request for annulment of the marriage.

THE PROVISION OF UNSECURED PEOPLE'S BUSINESS CREDIT (KUR) BASED ON LAW NO. 10 OF 1998 (STUDY AT PT. BANK BRI PULO BRAYAN BRANCH UNIT I) Suhaila Zulkifi; Naomi Christine; Steven Lim; Wilfredo Leeson
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

One of the attractive services for the MSME group is the existence of one of the banking services offered by PT. Bank BRI Pulo Brayan Branch Unit I Medan, namely the People's Business Credit (KUR) based on the Minister of Finance Regulation Number 135/PMK.05/2008 concerning the People's Business Credit Guarantee Facility (KUR). However, it is important to note that the implementation of Unsecured KUR has a high degree of risk, so that countermeasures are needed to avoid the occurrence of non-performing loans (NPL). The research method used is normative-empirical legal research. Normative research is carried out and based on written provisions or other legal materials, while empirical research is carried out with a sociological approach obtained from primary data whose samples are directly from the community as the first source through field research. The activity of providing Unsecured KUR by PT. Bank BRI Pulo Brayan Branch Unit 1 Medan is based on a legal agreement that has legal consequences by adhering to the Pacta Sunt Servanda principle by applying the 5C+7P+3R principle which aims to prevent non-performing loans (Non Performing Loans) in the future.

PATENT PROTECTION FOR AGRICULTURAL TECHNOLOGICAL PRODUCTS AS AN EFFORT FOR THE ADVANCEMENT OF INDONESIAN AGRICULTURE Sharon Gracale
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Patents are an important instrument in protecting innovation activities in the modern economy, especially in agriculture. Its systems foster increased innovation indirectly, by increasing the profit that can potentially be obtained from commercializing new technology. Seeing the development of agricultural technology that is growing rapidly, patent protection for agricultural equipment is very crucial. Therefore, this paper will examine and explain the impact of applying Article 20 of the Indonesian Patent Law, especially regarding the implementation of Patents in agriculture. This research is a type of library research that is juridical normative using the statute approach method. It is expected that this research able to contribute to the field of law, especially those related to Property Rights, especially regarding the study of issues related to the issue of patent ownership in agriculture.

NOTARY ROLE IN ONLINE REGISTRATION IMPLEMENTATION OF FIDUCIARY GUARANTEE ON CREDIT AGREEMENTS Zerlina Jihan Deavinsa; Mohamad Fajri Mekka Putra
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

This study aims to determine the Notary's role toward creditors in the online registration of the Fiduciary Guarantee Deed and the Notary's responsibility if there is an error in the online registration of the Fiduciary Guarantee Deed. Empirical legal research is conducted in this study using a descriptive design that includes field and library research, utilizing a qualitative data analysis approach. The findings of this study suggest that notary play a significant role in people's lives, particularly when creating authentic deeds following statutory requirements. A notary is authorized by the Law on Notary Positions to create an authentic deed to provide legal protection and certainty. A notary's role is crucial in everyday transactions involving agreements, including those involving fiduciary guarantees. A notary's duties in the online registration of a fiduciary guarantee include creating the fiduciary guarantee deed and acting as the fiduciary recipient, or the person who accepts the creditor's power of attorney to register the fiduciary guarantee. The online Fiduciary Guarantee registration process is connected to 3 (three) different types of notary liability. Given their significant role in the online registration of fiduciary guarantees, notary must follow the precautionary principle to reduce the possibility of mistakes when preparing the deed and to register the fiduciary.

CRIMINAL LIABILITY OF PERPETRATORS IN THE CRIME OF PROMOTING ONLINE GAMBLING ON SOCIAL MEDIA Andi Ahmad Ichsan Hady D; A. M. Syukri Akub; Abd. Asis
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

This study aims to analyze criminal liability for people who are involved in online gambling promotions through social media accounts and to analyze current law enforcement of promoting online gambling under the guise of binary options on social media. This study uses empirical normative legal research methods, using a qualitative approach to see the provisions or rules that are faced in a fact or reality that occurs in society. The results of this study are that the act of promoting online gambling on social media can be accounted for as long as the action meets the elements of Article 27 Paragraph (2) of the 2016 ITE Law and in that act, the perpetrator can be held accountable for his actions as contained in Article 44 of the Criminal Code, means the perpetrator who commits the crime of promoting online gambling on social media, their souls are not disabled in growth or impaired and are fully aware of their action. Furthermore, the supposed role of the Police, Prosecutors, and Judges has been confirmed in the legislation, and law enforcers should have carried it out. Then in its application based on the results of research on the actual role of the police in conducting investigations, prosecutors in carrying out prosecutions, and judges who are tasked with adjudicating in the context of law enforcement against Article 27 paragraph (2) of the 2016 UURI ITE which is ideally still not maximized because there are still obstacles, such as quality, quantity, and coordination that hinder the realization of ideal law enforcement against Article 27 paragraph (2) of the 2016 ITE Law.

PUMP AND DUMP CRIMINAL OVERVIEW ACCORDING TO CAPITAL MARKET LAW NO. 8 YEAR 1995 Rinaldi Agusta Fahlevie; Erita Oktasari; Bernadete Nurmawati; Puguh Aji Hari Setiawan; Johand Aldo Dimalouw
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

This study aims to look at the Juridical Review of the Pump and Dump crime in capital market transactions on the Indonesia Stock Exchange based on the Capital Market Law. The main problem that the author discusses and analyzes in this research is the form of the Pump and Dump crime in capital market transactions on the Indonesia Stock Exchange based on the Capital Market Law and the proof of the Pump & Dump crime in the capital market (Case Study of TAXI and LUCK Issuers). The research method is a normative legal research method with a law approach and a case approach. Based on the analysis and provisions of the Capital Market Law, the author concludes that the Pump and Dump crime in capital market transactions on the Indonesia Stock Exchange, can be seen in its form based on certain patterns and methods. The form of the pump and dump pattern and method is in accordance with the elements of market manipulation as stipulated in the provisions of Articles 90 to 93 of the Capital Market Law. To prove that a pump and dump crime has occurred, evidence can be used as regulated in the Criminal Procedure Code.

MAKING A NOTARY DEED THAT PROVIDES LEGAL CERTAINTY Hustam Husain; Kahar Lahae; Marwah
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

The purpose of this study is to analyze and understand the level of obedience of a Notary in making a Notary deed. This type of research is empirical legal research. Empirical legal research is oriented to primary data (research results in the field). Empirical legal research is an approach carried out by field research by seeing and observing what is happening in the field, and the application of these regulations in practice in society. All data obtained in the study, both primary data and secondary data, were analyzed using qualitative analysis techniques. After that it is described, by examining the existing problems, describing, describing, and explaining the problems related to this research. The use of this descriptive method is intended to obtain a good, clear picture and can provide as detailed data as possible about the object under study, in this case, to describe how legal certainty and protection is for the community through the making of a Notary deed with legal certainty. Based on these results, a conclusion is drawn which is the answer to the problems formulated in this study and suggestions that aim to provide input for further improvement. The results of this study indicate that in carrying out the duties of office, there are still Notaries who do not carry out the provisions as stipulated in the UUJN, the Notary Code of Ethics, and other laws and regulations. This is because the Notary in carrying out his position is still influenced by internal and external factors, so that due to his disobedience to the procedures and procedures for making the deed results in the degradation of the deed made or produced by the Notary.

THE LAW OF UNRECORDED BIRTH BASED ON CONSTITUTION NUMBER 16 OF 2019 Esti Royani; Maria Perida
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Marriage is based and the outer bond between a man and woman as husband and wife to form a happy and eternal family based on the one godhead, carried out according to their respective Religion must be recorded according to the applicable laws and regulations. Research Methods, namely: 1. Type of Research is Normative Juridical research. 2. Through stages 3. Legal Material Resources, the author uses the technique of collecting library research, which is 4. Legal collection and processing materials using the primary law legal document collection techniques, as well as the implementing regulations of the Civil Code, Law No.23 of 2002 Law No. 23 of 2006, Law No. 16 of 2019, Presidential Decree No. 12 of 1983. b. Legal Materials The principal of the law is an approach to the problem, is the primary and Secondary Legal Materials Secondary data, sourced from a. Material in 2002. Law No. 23 of 2006, Law No. 16 of 2019, Presidential Decree No. 12 0f 1983, b. Secondary Legal Materials books, internet access writings of legal experts, primary and secondary.c. Tertiary Law, namely explaining primary law and secondary. 5. Legal Materials Analysis is that the data obtained is processed systematically, analyzed qualitatively, legal and analogical interpretations of the facts obtained by the study of provisions of the marriage. MK Decision Number:46/ PUU-VIII/2010 namely Children born proven based on science and technology and/or other evidence according to the Law has blood relations including the relationship of civil blood to his fatherâ€™s family.

THE EFFECTIVENESS OF LAW NUMBER 12 YEAR 1951 AGAINST THE USE OF FIREARMS IN MAKASSAR FROM THE SOCIOLOGY OF LAW PERSPECTIVE Anggelita Fuji Lestari; Muhadar; Audyna Mayasari Muin
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

This study aims to analyze the effectiveness of Law Number 12 Year 1951 in preventing the misuse of firearms in Makassar from the perspective of legal sociology. This research is sociological legal research. Sources of data in this study are direct interviews with respondents as the primary data source and literature study as a secondary data source. The collected data was then analyzed qualitatively. This study shows that (1) The effectiveness of Law Number 12 Year 1951 in preventing the misuse of firearms in Makassar City from the perspective of legal sociology is still less effective because seen from the licensing and control procedures for firearms, it is very strict but in the application of sanctions that do not the maximum and even in many cases the application of sanctions is less than half of the maximum threat as regulated in the Law Number 12 Year 1951; and (2) Obstacles faced in implementing the Law Number 12 Year 1951 concerning firearms in Makassar are due to law factors, law enforcement officials, facilities and infrastructure factors, cultural factors, and community factors. Among these five factors, cultural factors are quite influential in the effectiveness of law enforcement against the misuse of firearms in Makassar, it can be seen that cultural factors can actually encourage others to commit crimes.

THE ISSUES OF IMPLEMENTING THE RIGHT ACCESS TO JUSTICE FOR PEOPLE WITH DISABILITIES Mutiah Wenda Juniar; Arini Nur Annisa; Nanda Yuniza; Andi Dahsyat
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

This research aims to find out what are the issues of implementing right access to justice in Indonesia and what are the possible solution to overcome the issues. This research used normative and doctrinal research method. The collection of legal materials was conducted by using literature and field research. The results of this research find out that there are at least four issues in implementing access to justice for people with disabilities in Indonesia. The issues are limited access to information regarding right access to justice; physical barriers; limited access to information regarding right access to justice and; lack of support and accommodation. Possible solution to overcome those issues such as providing regular training for legal enforcement regarding treatment for persons with disability, adjusting infrastructure to be accessible for persons with disabilities, utilizing technology to ease communication in all accessible format and providing services and reasonable accommodation based on personal assessment for persons with disabilities who are encountering legal cases.

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Home Page

OAI Link

Editorial Team

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Reviewer

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Contact Name Otto Fajarianto

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Journal Mail Official kadarudin.fnu@gmail.com

Editorial Address Jl. Ade Irma Suryani No. 16 Kota Samarinda 75117

Location Kota samarinda, Kalimantan timur INDONESIA

Abstract

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Contact Name
Otto Fajarianto

Contact Email
ofajarianto@gmail.com

Phone
-

Journal Mail Official
kadarudin.fnu@gmail.com

Editorial Address
Jl. Ade Irma Suryani No. 16 Kota Samarinda 75117

Location
Kota samarinda,

Kalimantan timur

INDONESIA