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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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GOVERNMENT CONSISTENCY IN ENFORCEMENT OF REGULATIONS REGARDING MINERAL AND COAL MINING RELATED TO MINE RECLAMATION Husni Thamrin; Aji Titin Roswitha Nursanthy; Leonito Ribeiro; Linda Afriani
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.v5i2.764

Abstract

Reclamation is an activity that aims to improve or manage the use of disturbed land as a result of mining business activities so that it can function and have the power to function according to its designation. excavated. For this reason, the government has issued Government Regulation Number 78 of 2010 concerning Post-Mining Reclamation Decree and Regulation of the Minister of Energy and Mineral Resources (ESDM) Number 26 of 2018 concerning Implementation of Good Mining Principles and Supervision of Mineral and Coal Mining. The purpose of issuing these two regulations is very clear, so that the negative impacts of mining activities can be reduced or even eliminated. Various productive efforts on ex-mining land by carrying out reclamation and utilizing it as an ecotourism area. Utilizing part of it as a fish farming pond and the rest being used as a model of a biological conservation forest with proboscis monkeys and various kinds of birds as the key space is one of the efforts to restore nature's preservation. The research method used is normative or doctrinal legal research. Normative legal research or doctrinal legal research, which is also referred to as library research or document study, is research that is carried out or aimed only at studying written regulations or other legal materials. The result of research reclamation is an activity to restore the ecosystem so that it can function again as before. While Post-mining Activities are activities to repair ex-mining land to restore environmental functions and social functions according to local conditions throughout the mining area.
FACTOR ANALYSIS ENFORCEMENT LAW AGAINST CRIMINAL ACTS OF ABUSE PERFORMED BY STUDENTS Rezki Auliyah; Hijrah Adhyanti Mirzana2; Audyna Mayasari Muin
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.v5i2.765

Abstract

The purpose of this study is to investigate the application of criminal law in response to acts of mistreatment done by students in Parepare City, as well as the factors that influence the application of criminal law in response to criminal acts of mistreatment committed by students in Parepare City. This study was carried out with the help of empirical research methodologies, including primary and secondary data, as well as data collection methods including interviews, observations, and analyses of published literature. After all of the preliminary and secondary data have been collected, they are then subjected to a qualitative analysis, after which they are characterized descriptively and organized systematically. According to the findings of the research, (1) the enforcement of criminal law in Parepare City against criminal actions of persecution conducted by students is not operating at an optimal level. Because of this, the administration of criminal law is conducted using a restorative justice approach at all stages of the process, including investigation, prosecution, and examination in court; (2) The legal and statutory considerations, law enforcement apparatus factors, and community factors are the three categories of elements that have an impact on how the criminal law is enforced in Parepare City in relation to the crime of persecution committed by students.
NOTARY AUTHORITY IN MAKING INHERITANCE DISTRIBUTION DEED FOR INHERITANCE IN THE FORM OF LAND Dinda Namira Anindya; F.X Arsin Lukman
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.v5i2.766

Abstract

One of the authorities of the Notary as mandated in the Undang-undang Jabatan Notaris (UUJN) is the making of authentic deeds related to land. In line with this provision, the Government Regulation on Land Registration stipulates that one of the deeds required in the event of a transfer of land rights due to inheritance is a deed of inheritance division which can take the form of a notarial deed or an underhand deed. However, in addition to notaries, there are other officials authorized to make deeds in the land sector, namely Pejabat Pembuata Akta Tanah (PPAT). The purpose of this research is to analyze the authority of Notary in making deeds related to land including inheritance division deeds and the comparison between inheritance division deeds which are notarial deeds and joint rights division deeds which are PPAT deeds. This research is juridical-normative research, namely research based on legal norms contained in applicable laws and regulations. The result of this research is that the authority of Notary to make deeds in the land sector, including the deed of inheritance division on inherited land does not conflict with the authority of PPAT, and the deed of inheritance division and the deed of division of joint rights are two different deeds, both in terms of form and material.
JOB LOSS INSURANCE PROGRAM APPLICABLE IN INDONESIA BASED ON GOVERNMENT REGULATION AND ITS COMPARISON WITH OTHER COUNTRIES Suparto Suparto
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.v5i2.768

Abstract

One of the regulations in the field of employment issued by the Government of Indonesia is Government Regulation No. 37 of 2021 concerning the Implementation of the Job Loss Insurance Program. This regulation is very important in the midst of rampant layoffs by companies as a result of the Covid-19 pandemic. The purpose of this study was to determine the implementation of a job loss insurance program for employees affected by termination of employment. The research method uses a normative juridical approach with secondary data. Based on the research results obtained that Comparison job loss insurance program in Indonesia with other countries lies in the coverage, requirements and premium contributions. Job loss guarantee or unemployment insurance in Indonesia and other countries have the same goal, which is to financially support individuals who do not have jobs as long as the individual is looking for work. This policy has been carried out since 1935 and 1940 by the United States and Canada against the background of the Great Depression around 1930, then Thailand began to implement an unemployment insurance scheme in 2004. In 2016, there were 73 (seventy-three) countries that had implemented the unemployment insurance scheme. Each country creates an unemployment insurance policy with a different model but the goal remains the same, which is to achieve adequate protection against the risk of job loss by expanding coverage to ensure workers affected by layoffs receive compensation. Based on a comparison with several other countries, it was found that the job loss insurance scheme was effective in overcoming the number of unemployed, especially during an economic recession and was able to protect workers who were laid off by maintaining their level of welfare.
PARADIGM OF ENVIRONMENTAL PROTECTION AND MANAGEMENT OF HOUSEHOLD MEDICAL WASTE IN THE COVID-19 PANDEMIC: EXPECTATIONS AND CHALLENGES Serlika Aprita; Hasanal Mulkan
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.v5i2.769

Abstract

The Covid-19 outbreak has had an impact on various sectors of life, including the environment. Medical waste in the community has increased in the new normal era of the Covid-19 pandemic, this can be seen from the existence of new adaptations in society, but in its application, household medical waste management is still an obstacle to this day. The approach method used is juridical-normative, with the type of dogmatic research, a form of perscriptive research on legal relations. The specification of this research is descriptive-analytical, the government continues to make various efforts in handling household medical waste. State responsibility as the basis for the implementation of environmental protection and management is carried out through the enforcement of environmental laws, namely administrative, civil and criminal law enforcement. Formulation of a new policy on the management of Infectious and Household Waste from Handling Covid 19.
CRIMINAL RESPONSIBILITY OF BUSINESS OPERATORS FOR IRON SAND MINING CAUSED ENVIRONMENTAL DAMAGE Didik Irawansah; Nasrullah; Kasmar
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.v5i2.770

Abstract

The purpose of this research is first to describe the arrangement of criminal liability for business actors for iron sand mining activities which result in environmental damage; second, to describe the form of criminal responsibility of business actors for iron sand mining activities which result in environmental damage. Empirical legal research methods (non-doctrinal), case and policy approaches, using data collection, documentation, observation, and interviews and integrating with literature review of legal documents relevant to the object under study, and analyzed descriptively. The results of the study show, First, legal arrangements for criminal acts of environmental pollution committed by business actors, can be seen in Article 98, Article 99, Article 100, Article 101, Article 104, Article 105, and Article 112 of Law Number 32 of 2009 concerning Protection and Management of the Environment (UUPPLH) can be imposed on individuals, corporations, and authorized officials. Furthermore, accountability for criminal acts of environmental pollution as ultimum remedium is the last legal remedy where the goal is to punish the perpetrators in the form of imprisonment. In enforcing environmental criminal law through four stages namely investigation, prosecution, examination, and execution. In article 94 of the UUPPLH the investigators are Republic of Indonesia Police Officers and Civil Servant Officials, in article 96 evidence, the validity of evidence is witness testimony, expert testimony, letters, certain instructions, statements from the accused, as well as other evidence including evidence which is regulated in laws and regulations. Second, Forms of Corporate Criminal Liability Against Iron Sand Mining Activities Causing Environmental Damage. In the form of absolute liability (strict liability), however, based on Article 88 of the Law, absolute liability or (strict liability) is only limited to the obligation to pay compensation in the event of a civil lawsuit, on the other hand, criminal liability adhered to by the Law Number 32 of 2009 concerning Environmental Protection and Management still adheres to the principle of error.
THE IMPLEMENTATION OF WOMEN'S EMPOWERMENT PROGRAM IN REALIZING GENDER EQUALITY Fransiska Theresia Kune; M. Rifa’i; Willy Tri Hardianto
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.v5i2.772

Abstract

Women’s empowerment in realizing gender equality is one of the responsibilities of the Government and is conducted by government agencies, both central and regional. Problems which still occur to women today are the cases of violence and discrimination. This research was conducted by using descriptive qualitative research, the results of the study stated that there were the implementation of the women's empowerment program in realizing gender equality in Surabaya proven by the program named Gender Equality and Women's Empowerment. It provided several activities such as: Capacity Building of the Women's Organizational Association (GOW) at some sectors such as Politics, Economics, Social and Culture, Independent Business Incubation for productive age women, Implementation of Gender Socialization, Creative Houses for Low-Income Communities (MBR) especially for the productive age women who do not have a business yet by obtaining material on Entrepreneurship, Empowerment of UMKM in Surabaya by making masks and APD during the pandemic, and also Urban Farming for the community through the use of vacant land.
NORMATIVE JURIDICAL ANALYSIS OF FORGERY OF AUTHENTIC DEEDS CARRIED OUT BY NOTARIES Rizka Ayu Dwitami Hidayat; Siti Malikhatun Badriyah
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.v5i2.773

Abstract

The Notary Office Law does not explain the sanctions for Notaries clearly and in detail, only explaining on the Administrative and Civil Side, while Notaries cannot be said that Notaries are free from Criminal Sanctions, while the Notary's Office does not explain the Notary Criminal Sanctions section. Notaries can make mistakes such as committing intentional or unintentional forgery of deeds and these actions violate the Undang-undang Jabatan Notaris (UUJN) and the Notary Code of Ethics. From this case, administrative sanctions or code of professional ethics for the position of notary are imposed and civil sanctions can then become and be qualified as a criminal act committed by a Notary. The method is a descriptive analysis and use data analyzed qualitatively. This result is an explanation of how the application of criminal sanctions to Notaries who commit criminal acts of forgery of authentic deeds and the legal consequences of forgery of authentic deeds carried out by Notaries. As a result of the notary law, which is subject to criminal sanctions in the criminal act of forgery of authentic deeds along with deeds that are used as objects of the case in court for criminal cases, the notary defendant is sentenced to imprisonment and all deeds issued by the defendant's Notary are null and void.
GOVERNMENT’S ATTEMPT TO PREVENT UNFAIR BUSINESS COMPETITION PRACTICES IN INDONESIA: COMPARISON ON REGULATION OF THE COMMISSION FOR THE SUPERVISION OF BUSINESS COMPETITION Rachella Azalia
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.v5i2.774

Abstract

Joint venture in Indonesia has been regulated through Government Regulation No. 20 of 1994 concerning Ownership of Shares of Companies Established in the Framework of Investment and Presidential Decree no. 32, 33 and 34 of 1992 in which a cooperation between foreign capital and national parties intended by the government to provide protection and the role or participation of national private parties in the implementation of foreign investment in Indonesia. Foreign Investment in Indonesia must be in the form of a Limited Liability Company based on Indonesian law and domiciled within the territory of the Republic of Indonesia, unless otherwise stipulated in the Law. This is due to the function of the PT itself, namely the limitation of liability for shareholders. With the proliferation of Foreign Investment implementation in Indonesia, the Government has arranged to continue to provide equal opportunities for every citizen to actively participate in the investment sector. The method of research is normative legal research and type of data analysis used is a qualitative approach with literature studie. Result, one of the government's efforts to prevent monopolistic practices is to oblige business actors to make a notification or notification to the Business Competition Supervisory Commission (Komisi Pengawas Persaingan Usaha).
PROOF OF THE CRIME OF SEXUAL VIOLENCE AFTER THE PASSAGE OF THE SEXUAL VIOLENCE LAW Nurafni Faradillah; Farida Patittingi; Ratnawati
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.v5i2.775

Abstract

This study aims to analyze the proof of the crime of sexual violence after the legalization of the criminal act of sexual violence and what are the inhibiting factors in proving the crime of sexual violence after the legalization of the criminal act of sexual violence. The type of research that researchers use is normative-empirical legal research. This research was conducted in Makassar City, namely at the Makassar Polrestabes, Makassar District Court, LBH APIK Sulsel, UPTD PPA Makassar, and the Makassar University Sexual Violence Task Force. The results obtained through library research and interviews were then analyzed using qualitative analysis methods with a normative-empirical approach. The results of the study show that: 1) Law enforcers, both at the Police and the Attorney General's Office, do not fully understand the substance of the law on the crime of sexual violence, especially with regard to evidence, especially regarding the witness statement which does not absolutely have to be two, but only one witness statement plus other evidence is sufficient. as well as the judge's belief that sexual violence has occurred, so that law enforcers have not fully implemented the law on the crime of sexual violence.

Page 61 of 63 | Total Record : 624

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