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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 CERTAINTY AND VALIDITY OF E-LAND CERTIFICATES IN MODERNIZING LAND RIGHTS GUARANTEES Dea Andriany; Yenny Febrianty; Asmak Ul Hosnah
Awang Long Law Review Vol. 9 No. 1 (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.v9i1.2275

Abstract

The digital transformation of land administration thru the implementation of Electronic Certificates (e-certificate) is the government's effort to enhance the effectiveness of public services and legal certainty of land rights. This policy is regulated by the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Regulation Number 1 of 2021 concerning Electronic Certificates and reinforced thru the ATR/BPN Minister Regulation Number 3 of 2023 concerning the Issuance of Electronic Documents in Land Registration Activities. This research aims to analyze the legal standing and evidentiary strength of the electronic certificate (e-certificate) as proof of land rights, as well as to examine the factors affecting its implementation effectiveness in the modernization of land administration. The research uses an empirical legal method with a socio-legal approach and is descriptive-analytical in nature. Data were obtained thru literature study and in-depth interviews with officials from the National Land Agency, legal practitioners, and the community using electronic land services. The research results show that Sertipikat-el has the same legal standing as conventional certificates and can be used as valid evidence in court. Its implementation has proven to enhance service efficiency, transparency, and land data accuracy. However, the effectiveness of the policy still faces obstacles such as low digital literacy among the public, resistance to change, issues with historical land data, and cybersecurity risks. Therefore, it is necessary to strengthen socialization, data validation, enhance human resource capacity, and implement an information security system to support the success of digital land transformation.
THE EFFECTIVENESS OF MINISTER OF HOME AFFAIRS REGULATION NUMBER 73 OF 2022 CONCERNING NAME REGISTRATION IN BIRTH CERTIFICATE ADMINISTRATION Navratilova; Abdul Rasyid Saliman; Enny Agustina
Awang Long Law Review Vol. 9 No. 1 (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.v9i1.2288

Abstract

Birth certificates play a fundamental role in population administration as they serve as legal proof of identity and official recognition of every citizen before the law. Through Minister of Home Affairs Regulation Number 73 of 2022 concerning Name Registration on Birth Certificates, the Government of Indonesia regulates the use of names deemed inconsistent with the norms of decency, morality, and public order. Although the regulation is intended to safeguard the best interests of the child, its implementation continues to generate debate regarding legal certainty and the protection of constitutional rights. This study aims to examine the effectiveness of the implementation of Minister of Home Affairs Regulation Number 73 of 2022 in ensuring legal certainty and to assess its conformity with constitutional law principles. The research employs a normative juridical method using both statutory and conceptual approaches. The data were collected from the 1945 Constitution of the Republic of Indonesia, relevant legislation, Minister of Home Affairs Regulation Number 73 of 2022, scholarly literature, and judicial decisions. The findings indicate that the implementation of the regulation has not yet been optimal due to the absence of clear and measurable standards for determining names that are considered contrary to prevailing norms. This situation has resulted in inconsistent application across different regions and has consequently created legal uncertainty. Furthermore, the regulation of restrictions on fundamental rights through a ministerial regulation may be inconsistent with the principle of legality and the provisions of Article 28J of the 1945 Constitution. Therefore, regulatory refinement, the establishment of more objective criteria, and strengthened oversight mechanisms are necessary to ensure a balanced protection of children's interests and human rights.
LEGAL IMPLICATIONS OF ENVIRONMENTAL LAW ENFORCEMENT IN THE MORTAR INDUSTRY Suhendi; Agus Satory; Mahipal
Awang Long Law Review Vol. 9 No. 1 (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.v9i1.2296

Abstract

The increase in manufacturing industry activities significantly contributes to national economic growth, but on the other hand, it has the potential to cause environmental problems due to suboptimal waste management. This research aims to analyze the legal implications of waste management and the effectiveness of environmental law enforcement at PT Sigma Kartika Beton Bogor based on Law Number 32 of 2009 concerning the Protection and Management of the Environment. The research uses a normative juridical method supported by empirical data with legislative, conceptual, and case study approaches. Data were obtained thru literature study, interviews, field observations, and company document reviews. The research results indicate a gap between legal norms and the implementation of waste management in the field, where concrete waste is still viewed as an operational burden rather than as part of environmental compliance obligations. Based on the Zero Waste Hierarchy approach, the waste management practices implemented by the company tend to be oriented toward fulfilling administrative obligations to avoid sanctions, and do not yet fully reflect the internalization of environmental sustainability principles. Laboratory findings indicate a non-compliance with environmental quality standards, marked by a groundwater pH value of 6.35 and a lead (Pb) concentration of 0.07 mg/L, which exceeds the established threshold. This study concludes that the application of legal instruments such as strict liability, administrative sanctions, and corporate criminal liability are important mechanisms to enhance corporate compliance and ensure environmental protection and sustainability.
LEGAL PROTECTION FOR CONSUMERS IN GOOD FAITH IN THE BANKRUPTCY OF A DEVELOPER COMPANY Cyfrianus Y Mambay; Martinus James; Fitri Istanti; Kristianus Damianus Kowa; Moh Ditto Ananta Nugraha; Paltiada Saragi
Awang Long Law Review Vol. 9 No. 1 (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.v9i1.2301

Abstract

The bankruptcy of property developers poses serious problems for good-faith consumers who have fulfilled all their obligations, both in the form of down payment, installments, and property price repayment, but have not received the agreed unit handover. This phenomenon is increasingly evident in large cases such as PT Mahkota Sentosa Utama (Meikarta) and PT Hanson International Tbk which leave thousands of consumers in prolonged legal uncertainty. In the bankruptcy process, consumers are generally only categorized as concurrent creditors who have the lowest payment priority, so their chances of regaining the rights to the unit and refunds are very limited, even nil when the bankruptcy assets are insufficient. This study aims to analyze the legal position of consumers in good faith as creditors in developer bankruptcy and formulate forms of legal protection that should be provided to realize justice and legal certainty. The method used is normative juridical with a statutory approach and a conceptual approach, through a literature study of relevant primary and secondary legal materials. The results of the study show that there is a normative disharmonization between Law Number 37 of 2004 concerning Bankruptcy which uses a collective approach without distinguishing the type of creditor, and Law Number 8 of 1999 concerning Consumer Protection which prioritizes balance and justice for consumers. The absence of special provisions for consumers in the Bankruptcy Law creates a legal vacuum that is contrary to the mandate of Article 28H of the 1945 Constitution. Therefore, comprehensive legal reform is needed through the establishment of a consumer-specific creditor category, harmonization between the Bankruptcy Law and the UUPK, and the strengthening of property sectoral regulations to provide substantive and fair legal protection for property consumers in Indonesia.
CIVIL LIABILITY FOR OVER DIMENSION OVERLOAD VIOLATIONS OF LAND TRANSPORT VEHICLES Ahmad Eka Yulianto; Aldira Mara Ditta Caesar Purwanto
Awang Long Law Review Vol. 9 No. 1 (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.v9i1.2315

Abstract

The widespread operation of land transport vehicles that exceed dimensions and load limits commonly known as Over Dimension Overload (ODOL) causes harm to various parties, ranging from damage to road infrastructure to traffic accidents. This issue underscores the urgency of examining the civil liability of ODOL violators as a means of legal protection for those who have suffered losses. The method employed is a normative legal approach through the analysis of relevant primary and secondary legal sources. The results of the study indicate that ODOL violations satisfy all elements of an unlawful act as set forth in Article 1365 of the Civil Code. This civil liability is enforced based on the principle of fault liability for third parties not bound by the transportation agreement, and the principle of presumption of liability for users of transportation services subject to Article 468(2) of the Commercial Code.
THE JURIDICAL STATUS OF AL FASDHU THERAPY WITHIN THE NATIONAL HEALTH SYSTEM: A REGULATORY CHALLENGE IN INDONESIA Anwar; Mokhamad Khoirul Huda; Andika Persada Putra
Awang Long Law Review Vol. 9 No. 1 (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.v9i1.2316

Abstract

The Indonesian National Health System (SKN) is currently undergoing a fundamental transformation following the enactment of Law Number 17 of 2023 on Health. This research is motivated by the proliferation of Al-Fashdu (traditional bloodletting) therapy, which occupies a “grey area” between religious local knowledge and high risk invasive medical procedures. This study aims to determine the juridical status of Al-Fashdu to ensure patient protection and legal certainty for practitioners within the national health framework. Employing a normative legal research method, this study utilizes statutory and conceptual approaches, analyzing primary legal sources and relevant scientific literature from the past decade. The findings indicate that the current position of Al-Fashdu therapy within the national health system lacks legal certainty. Although normatively recognized as a skill based traditional health service, the practice frequently involves the use of invasive medical equipment by empirical traditional practitioners lacking formal medical qualifications. De jure, this constitutes a violation of the prohibition against the unauthorized use of medical devices according to national standards. The absence of specific technical regulations results in an ambiguous standard of care, which undermines patient protection and exposes practitioners to significant risks of criminal liability for malpractice. This article presents a critical analysis, emphasizing the need for a paradigm shift from purely administrative supervision to risk-based supervision. There is scientific justification for the Ministry of Health to reclassify Al-Fashdu therapy as a “complementary” traditional service that requires clinical certification and scientific validation in accordance with WHO biosafety standards. This restructuring is urgently required to harmonize biocultural recognition with the citizens' right to health and safety in an integrated and accountable manner.
LEGAL PROTECTION OF WORKERS' WAGE AND SEVERANCE RIGHTS IN COMPANY BANKRUPTCY Faradila Rizkia Saputri; Eka Ardianto Iskandar; Yenny Febrianty
Awang Long Law Review Vol. 9 No. 1 (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.v9i1.2322

Abstract

Workers are the most vulnerable party when a company goes bankrupt, even tho wages and severance pay are normative rights as well as constitutional rights that must be protected by the state. This research aims to analyze the regulation of wage and severance pay protection for workers in bankruptcy, its application in Decision Number 34/Pdt.Sus-Pembatalan Perdamaian/2024/PN.Niaga Jkt.Pst., and to formulate an ideal normative construction post-cancellation of the peace agreement. The method used is normative legal research supported by empirical data, descriptive-analytical in nature, with a legislative and case study approach, analyzed thru bankruptcy theory, legal protection theory, and distributive justice theory. The research results show that the regulation of worker rights protection is complete normatively but structurally flawed. In the decision under review, the application of bankruptcy norms was correct, but the unpaid wages and severance pay of workers that had been overdue for thirty-seven months were completely disregarded, resulting in workers occupying the position of invisible creditors and a reversal of justice. This research offers an ideal normative construction in the form of five layers, namely the harmonization and positivization of norms, the ex officio recognition of workers' claims, special protection post-cancellation of the settlement, state guaranties, and procedural strengthening at the level of the curator and supervising judge.
A NORMATIVE-JURIDICAL ANALYSIS OF THE AMENDMENT TO VILLAGE HEAD TENUREIN THE PERSPECTIVE OF THE RULE OF LAW AND PEOPLE'S SOVEREIGNTY Sari; Yandi; Junaidi Abdillah
Awang Long Law Review Vol. 9 No. 1 (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.v9i1.2324

Abstract

The extension of village head tenure has sparked constitutional controversy, threatening the foundations of the rule of law and democracy in Indonesia. This practice generates legal uncertainty through regulatory inconsistencies between the Village Law and its derivative regulations, while simultaneously eroding the principle of power periodicity as a checks and balances mechanism. Despite intensive debate among scholars and practitioners, no comprehensive study has analyzed this phenomenon through the dual lens of the rule of law and people's sovereignty. This research aims to examine the contradictions between village head tenure extension and the principles of legal certainty and legislative hierarchy, while investigating its implications for participatory democracy and village governance accountability. Employing normative juridical methods with statutory, conceptual, and case approaches, complemented by empirical-juridical analysis through field studies in three villages with tenure extension cases, the research reveals that village head tenure extension violates the lex superior derogat legi inferiori principle by disregarding constitutional term limitations, undermining legal certainty, and creating opportunities for the abuse of authority. Democratically, this practice impedes leadership regeneration, restricts citizens' political rights, and weakens village governance accountability. The study recommends regulatory revision to reinforce term limitations, strengthen legislative and participatory oversight, and enhance legal awareness among village communities to preserve the integrity of democratic and equitable village governance systems.
FROM MALADMINISTRATION TO OFFICIAL MISCONDUCT: DEFINING THE BOUNDARIES OF CRIMINAL LIABILITY OF TAX OFFICIALS IN TAX ADMINISTRATION Fredy Lolong; Thyrone Jehuda Mandagi; Mardian Putra Frans
Awang Long Law Review Vol. 9 No. 1 (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.v9i1.2339

Abstract

Tax administration gives tax officials extensive public authority in supervision, audit, assessment, collection, and tax crime investigation. This authority creates several risks of abuse when fiscal power is exercised without a clear boundary between administrative law and criminal law. This article aims to find when does maladministration by tax officials remains an administrative violation and when it becomes a criminal act. By utilizing the normative juridical research, with statutory, conceptual, and case approaches this. The findings indicate that maladministration is not an independent criminal offense. Administrative errors, procedural defects, negligence, or differences in tax interpretation should primarily be resolved through administrative correction, objection, appeal, administrative supervision, or disciplinary mechanism. However, maladministration enters the criminal law domain when the concrete conduct of tax officials fulfills the elements of a specific offense, such as bribery, extortion, gratification, document falsification, unlawful disclosure of taxpayer data, or abuse of authority causing state financial loss. This article offers operational parameters to distinguish administrative fault from criminal conduct: actus reus, mens rea, abuse of authority, unlawful benefit, coercive pressure against taxpayers, legally relevant loss, and the role of superiors or institutional tolerance. The article concludes that administrative law should operate as an initial filter against overcriminalization, but it must not become a shield for corrupt abuse of fiscal authority.
Legal Policy for Providing Protection to Refugees from Abroad in the National Legal System in Indonesia Muhammad Akram; M. Iman Santoso; Andry Indrady; Hartanto
Awang Long Law Review Vol. 9 No. 1 (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.v9i1.2353

Abstract

Indonesia has not ratified the 1951 Refugee Convention and its 1967 Protocol, while national immigration law also does not comprehensively regulate the status and legal protection of refugees and asylum seekers. This condition creates a normative vacuum that impacts the less than optimal legal certainty in the handling of refugees in Indonesia. Nevertheless, Indonesia continues to provide limited humanitarian protection through national legal instruments that reflect its own legal policy by balancing the interests of state sovereignty, national security, and respect for human rights. This study aims to analyze Indonesia's legal policy in providing protection to refugees from abroad, examine the forms of legal protection that have been provided, and formulate an ideal legal concept for the regulation of refugees in Indonesia in the future. The study uses a descriptive-analytical legal method with a normative juridical and empirical juridical approach ( socio-legal research ), through literature studies, field studies, and qualitative juridical analysis. The results of this study indicate that Indonesia's immigration legal policy remains based on the principle of selective policy that prioritizes national interests and state security, while still providing limited space for humanitarian protection. Presidential Regulation Number 125 of 2016 provides a meeting point between the principles of state sovereignty and humanitarian protection through an operational and collaborative refugee management mechanism. However, its implementation still faces weaknesses in the form of ineffective inter-institutional coordination, unclear division of authority, and suboptimal governance of refugee management. This study proposes a reconstruction of the legal policy of refugee protection through a comprehensive revision of Presidential Regulation Number 125 of 2016 by strengthening cross-sectoral coordination, clarifying institutional authority, and establishing adaptive, effective governance mechanisms that align with Indonesia's immigration legal policy, thereby increasing legal certainty, effective governance, and humanitarian protection for refugees.

Page 64 of 66 | Total Record : 653

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