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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 653 Documents
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LEGAL PROTECTION OF CERTAIN TIME WORKERS IN COMPANIES Akbar; Marwati Riza; Zulkifli Aspan
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.v5i2.776

Abstract

This study aims to determine the legal protection of employees for a certain time at companies in Makassar City and the implementation of certain time agreements for companies in Makassar City. Agreement The research method used in the research is the juridical-empirical research method. This research was conducted at PT Dinar Wisesa Mahakarya, Makassar City Manpower Office, and South Sulawesi Manpower Office. The method of data collection is by interview and literature. The results obtained will then be analyzed using qualitative analysis methods. The results of the study show that 1) Specific Time Work (PKWT) at PT. Dinar Wisesa Mahakarya has not fully complied with the regulations in accordance with the applicable laws and regulations. These discrepancies include: first, related to the PKWT extension period which has passed the period stipulated by the labor law. 2) Regarding the nature of the work given to employees/workers with PKWT status at PT. Dinar Wisesa Mahakarya is not in accordance with the type and nature of work regulated in UUTK. At this time the form of legal protection for workers with PKWT status at PT. Dinar Wisesa Mahakarya, including the fulfillment of wages which are above the Makassar City UMR, protection for social security in the form of Health PT. BPJS.
IMPLEMENTATION OF CRIMINAL DEVELOPMENT IN CORRECTION INSTITUTIONS Jihan Annisa Mujaddidah; Said Karim; Syamsuddin Muchtar
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.v5i2.782

Abstract

This study aims to analyze the implementation of prisoner coaching in Class IIB Polewali Mandar Penitentiary and to analyze the factors that influence the implementation of prisoner coaching in Class IIB Polewali Mandar Penitentiary. This research is empirical research. The data sources used consist of primary data, namely data from informants at Class IIB Polewali Mandar Penitentiary. Secondary data, namely data obtained from books, the internet, and related legislation. Data collection techniques are by interviews and direct observation. All of these data were analyzed by descriptive qualitative. The results of the study show that (1) the implementation of convict coaching in Class IIB Polewali Mandar Penitentiary has been carried out quite well personality development and independence development. Personality development includes fostering religious awareness, fostering awareness of the nation and state, fostering intellectual abilities, fostering legal awareness and skills. While fostering self-sufficiency includes bread making, carpentry, electric welding, hydroponics, barbershop, paving blocks, handicrafts from sticks, laying hens, fisheries, goat farming, sewing, workshops, agriculture, and laundry. (2) The factors that influence the implementation of convict coaching at the Polewali Mandar Class IIB Penitentiary include legal factors, law enforcement factors, facilities or facilities, community factors, and cultural factors, each of which has an interrelated role so that the implementation run optimally.
PROVISION OF CREDIT FACILITIES TO SUBSIDIARIES BY THE PARENT COMPANY IN VENTURE CAPITAL COMPANIES Anindhya Nareswari
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.v5i2.784

Abstract

The Governmentin developing and improving companies in BUMN by establishing several stategies, one of which is in the form of a BUMN Holding Company which has a strategy in a corporation, in which companies in the context of BUMN Holding are engagend in the same business activities, under one holding company that oversees the companies. Through a holding company is considered to provide more economic benefits compared to a single company. The parent company's business activities will usually determine the type of business license that must be fulfilled by the parent company. One of the BUMN holding companies that becomes a financing institution in increasing added value in a sustainable manner for Micro, Small, Medium Enterprises and Cooperatives (UMKMK) which is based on the principles of good corporate governance (GCG) or good corporate governance. The method of research is normative legal research. Result of the research is during the Covid-19 pandemic, of course, extra funds were needed to meet the company's finances where subsudiaries experienced delays in making loans due to the Covid -19 pandemic, so subsidiaries needed to borrow funds from the holding company.
ANALYSIS OF CHANGES IN ENVIRONMENTAL LAW AFTER THE ENACTMENT OF THE JOB CREATION LAW Nobella Indradjaja; Chamdani
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.v5i2.787

Abstract

Indonesia is a country full of natural resources, which are of extraordinary value in terms of ecology and social. Only, this is not accompanied by regulatory arrangements that are principled in sustainable development goals. The government is an institution that is obliged to ensure that the development is being carried out, although should be profitable in investment terms, must still ensure the preservation of nature. It is just that, because there are so many articles (over capacity) in the act that overlap (over lapping) each other, the government is stuck in a condition to simplify its regulations without paying attention to the preservation side of the environment. This is, evidenced by the use of omnibus law, which is a system of simplifying regulations by revising, changing or deleting articles that are considered inefficient. One of the impacts of this method implementation is the change in the Environmental Protection and Management Law, which is changed into the Job Creation Law, which then revoked by Government Regulation in Lieu of Law Number 2 Year 2022. This law is alleged to have an impact on preservation of the environment due to the loss of the essence of the Environmental Protection and Management Law document importance. Thus, this study focuses on looking at changes in these articles and their impact using the descriptive method of analysis, by discussing existing articles as a basis. The results of this study show that the change of the Environmental Protection and Management Law into the Job Creation Law, which then revoked by Government Regulation in Lieu of Law Number 2 Year 2022, has an impact on Environmental Regulations, Environmental Permits, as well as the preparation of Environmental Protection and Management Law and the provision of environmental impact assessments information to the public.
PROBLEMATICS OF THE OVERSIGHT OF THE CODE OF CONDUCT AND THE CODE OF JUDGMENT BETWEEN THE JUDICIAL COMMISSION AND THE SUPREME COURT Siti Kotijah; Muhammad Rizki An Noor; Ine Ventyrina; Poppilea Erwinta
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.v5i2.788

Abstract

The research objective is to capture the joint examination mechanism which is the control between the Judicial Commission and the Supreme Court. This research uses a doctrinal approach which is based on the existence of a problem that is examined in the laws and regulations, the Code of Ethics and Code of Conduct of Judges, the problems of monitoring the Code of Ethics and the Code of Conduct of Judges in the context of the current joint examination, it is necessary to remove them, as concrete steps taken to improve a supervisory system for the Code of Ethics and Code of Conduct for Judges in the future. Ius the contituendum of supervision between KY and MA as a new formulation of the KY Bill. This method uses a doctrinal (normative) approach because it has a research target in the form of a set of norms. Approach in statutory research, and concept approach. The result is legal implications of the presence of joint examinations in the supervision of the Code of Ethics and the Code of Conduct of Judges between the Judicial Commission and the Supreme Court.
THE OBLIGATIONS AND LIABILITIES OF NOTARIES IN PROVIDING SOCIAL SERVICES IN ACCORDANCE WITH THE IMPLEMENTATION OF THEIR POSITIONS Ellyca; Winanto Wiryomartani
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.v5i2.791

Abstract

Notary as a public official authorized to make authentic deeds is one of the practitioners in the field of law who is obliged to provide social services for the community, especially for the poor. The notary's obligation to provide social services can help provide legal certainty as a form of a rule of law because it can prevent disputes, especially in terms of land ownership, land control. In this research to ensure the implementation of an objective research and in accordance with applicable legal principles, this research uses normative juridical research methods with an approach through applicable laws and regulations or through a statute approach and general legal concepts or conceptual approach. This prevention can be done if people who are unable as legal subjects know clearly their rights and obligations and have access to legal services. However, in general, social services in the field of law are currently only in the form of free legal assistance for parties in litigation, while it is still rare to find social services in the form of consulting assistance or notary services which are still little known to the less fortunate. Result of this research is writing intended to examine the obligations and responsibilities of a notary in providing social services to the community, especially for people who can't afford it.
THE CRIME OF FORCED MARRIAGE AGAINST CHILDREN IN THE PERSPECTIVE OF CRIMINAL LAW Nur Azisa; Syamsuddin Muchtar; M. Aris Munandar; Ismail Iskandar; Nurul Hikmah; Fhildzha Zhafirin
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.v5i2.799

Abstract

Child marriage is a phenomenon that stilloccurs frequently in Indonesia today. After the promulgation of The Law of the Republic of Indonesia Number 12 Year2022 concerning Crimes of Sexual Violence(TPKS Law), child marriage is categorizedas a criminal act of sexual violence basedon forced child marriage. The criminalprovisions related to forced child marriages, the TPKS Law is disharmony with The Law of the Republic of Indonesia Number 16 Year 2019 concerning Amendments to The Law of the Republic of Indonesia Number 1 Year 1974 concerning Marriage (MarriageLaw), in which the law accommodates thepossibility of filing a dispensation with ageand cultural considerations. Meanwhile, thisis very inconsistent with the principlesadhered to in the TPKS Law. So that thiscan lead to obscuur libel (obscurity) in lawenforcement in the future. Given that theTPKS Law still does not have to implementregulations, it is still classified as an aspiredlaw (ius constituendum).
THE DEATH OF HAJJ PILGRIMAGES DURING THE WAITING PERIOD AND ITS IMPACT ON THE INHERITANCE SYSTEM AT THE MINISTRY OF RELIGION'S OFFICE EAST KUTAI DISTRICT Sofiansyah
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.v5i2.971

Abstract

The heirs who receive the delegation of portion numbers of the Hajj congregation who died, do not reduce their share of inheritance and its impact on the inheritance system. This study aims to analyze the procedure for delegating the portion number of Hajj congregation who died during the waiting period at the Office of the Ministry of Religious Affairs of Kutim Regency, analyze the problems faced by the heirs in the delegation of the portion number of the Hajj congregation who, and analyze the determination of the heirs who receive the delegation of the portion number and its impact on the inheritance system taken by the family of the Hajj congregation who died during the waiting period. The type of research is empirical legal research. The approach in this research uses a normative sociological approach. Data were collected by observation, interview, and documentation. Data analysis in this research is qualitative with the Induction way of thinking. The results showed that the procedure for delegating portion numbers in accordance with the Kepdirjen Number 130 of 2020 about Implementation Guidelines for the delegation of portion numbers for hajj congregation who died or were permanently ill. The problem faced is the distance-time-cost. Determination of the heirs who receive the delegation of the portion number is carried out through discussion and it does not reduce their inheritance. So that it does not have an impact on the inheritance system in the family of the heir.
JURIDICAL REVIEW OF DEFAULT IN DEBT COLLATERALISED BY LAND TITLE CERTIFICATE BASED ON THE MORTGAGE LAW I Made Dermawan; Catur Galuh Ratnagung
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.v8i4.1856

Abstract

This study aims to analyse the debtor’s liability for default in a debt agreement secured by a Freehold Title Certificate (Sertipikat Hak Milik/SHM) and to examine the judicial reasoning in Supreme Court Decision Number 3227/K/Pdt/2022, reviewed from the perspective of Law Number 4 of 1996 concerning Mortgage Rights over Land and Objects Related to Land. The research employs a normative juridical approach by analysing statutory provisions, legal doctrines, and judicial decisions. The findings reveal that the debtor’s liability for default is grounded in Article 1239 of the Indonesian Civil Code (KUHPerdata) and reinforced by Article 6 of Law Number 4 of 1996. In this case, the debtor was proven to have failed to fulfil the repayment obligation; however, due to the absence of a Deed of Granting of Mortgage (Akta Pemberian Hak Tanggungan/APHT), the Freehold Title Certificate could not be directly executed. Consequently, the creditor obtained only a general guarantee under Article 1131 of the Civil Code rather than a specific security right. The judge’s consideration was primarily based on the principle of legal certainty, focusing on the validity of the contract and the debtor’s breach of obligation. Nonetheless, the court did not fully optimise the protective function of the SHM as a legal safeguard for the creditor. Therefore, although the decision successfully achieved legal certainty, it has not yet fully reflected the values of justice and legal utility as intended by the objectives of law.
THE IMPLEMENTATION OF RESTORATIVE JUSTICE IN THE SETTLEMENT OF MISCELLANEOUS CRIMES IN INDONESIA: BETWEEN LEGAL CERTAINTY AND JUSTICE Hana Krisnamurti
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.v5i2.2395

Abstract

Restorative justice has become an important alternative for settling minor criminal cases in Indonesia. Unlike the conventional criminal justice approach, which emphasises punishment, restorative justice prioritises victim recovery, offender accountability, reconciliation, and restoring social relations. This article examines how restorative justice is regulated in the Indonesian criminal justice system, how it applies to minor criminal offences, and the obstacles to achieving legal certainty and justice. This research applies a normative legal method using statutory, conceptual, and analytical approaches. The study finds that Indonesia regulates restorative justice through various sectoral and institutional instruments, including police regulations, prosecutorial regulations, judicial guidelines, juvenile criminal justice legislation, and the new Criminal Code. Such fragmented regulation creates different procedures and requirements among law enforcement institutions. In minor criminal cases, restorative justice may provide substantive justice by facilitating restitution, apology, reconciliation, and direct offender responsibility. However, implementation faces several challenges, including inconsistent legal standards, unequal bargaining positions, possible coercion of victims, the commercialisation of peace agreements, and inadequate monitoring. Therefore, restorative justice should be implemented through harmonised regulations, voluntary participation, victim protection, transparent procedures, measurable recovery, and integrated supervision. Restorative justice can reconcile legal certainty and substantive justice when it is treated not merely as a mechanism for terminating cases, but as a legally accountable process of recovery and responsibility.

Page 62 of 66 | Total Record : 653

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