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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 653 Documents
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FROM REMEDIAL CLAUSES TO PREVENTIVE CONTRACTUAL GOVERNANCE: RECONSTRUCTING DEFAULT CLAUSES IN INDONESIAN COOPERATION AGREEMENTS abdurrivai; Widya Mardatillah; Firman Anugrah; Rafky Qushai Alqadri
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.v9i1.2391

Abstract

Contractual default clauses are commonly treated as remedial provisions that become operative only after a breach has occurred. Yet generic drafting that fails to define performance standards, notice requirements, opportunities to cure, and proportionate consequences may itself generate interpretive uncertainty and intensify contractual disputes. This study examines the legal position of contractual default clauses as instruments for protecting the parties to cooperation agreements and develops a design framework capable of operating preventively. It employs normative-prescriptive (doctrinal) legal research using statutory, conceptual, and case approaches. Primary legal materials comprise relevant provisions of the Indonesian Civil Code governing default, damages, termination, contractual validity, binding force, and good faith; secondary materials consist of contract-law doctrine and legal scholarship on default, force majeure, legal protection, contract drafting, and dispute resolution. The materials are analysed through normative inventory, systematic interpretation, comparison of doctrinal and case-based arguments, and prescriptive synthesis. The findings indicate that default clauses perform preventive, protective, and legal-certainty functions, but that these functions depend on the integration of objectively verifiable performance standards with structured responses to non-performance.
LEGAL PROTECTION FOR TEACHERS IN THE EDUCATIONAL PROCESS RELATED TO THE CRIMINALIZATION OF TEACHERS Bayu Topan
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.v9i1.2406

Abstract

Teachers play a vital role as professional educators in shaping the character of the nation and enforcing discipline within the school environment. However, the phenomenon of criminalizing teachers in carrying out disciplinary functions (tuchtrecht) creates a chilling effect that can hinder pedagogical authority. This research aims to analyze the position and mechanisms of legal protection for teachers from criminalization in terms of norm antinomy, criminal law dogmatics, and jurisprudence. The research uses a normative legal method with legislative, conceptual, and case approaches, particularly concerning Law No. 35 of 2014 on Child Protection, Law No. 14 of 2005 on Teachers and Lecturers, and Supreme Court Decision No. 1554 K/Pid/2013. The research results show that educational disciplinary actions that are proportional and based on animus docendi are not automatically considered a criminal offense. Protection can be based on justifications such as orders from laws and official duties as stipulated in the Criminal Code and Law No. 1 of 2023. Preventively, professional immunity, disciplinary SOPs, and ethical oversight are required. Repressively, law enforcement needs to prioritize Restorative Justice, mens rea-based case screening, and the dismissal of cases that do not meet criminal elements.
STRENGTHENING THE ROLE OF VILLAGE GOVERNMENT IN THE PROTECTION OF SUSTAINABLE FOOD AGRICULTURAL LAND FROM LAND USE CONVERSION Faradillah Paratama; Dara Amandah; Andi Istiana Inayah Dwi Putri
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.v9i1.2409

Abstract

The Sustainable Food Agricultural Land Protection (LP2B) policy is a constitutional instrument to safeguard food security and sovereignty as mandated by Article 33 of the 1945 Constitution, yet its implementation at the village level still shows a persistent gap between legal norms and practice. This article formulates a regulatory strengthening of the village government's role in LP2B protection by combining a normative juridical review of Pangkajene and Pulau Regency Regulation Number 10 of 2017 with an empirical study in Panaikang Village, Minasatene Subdistrict. The research applies a normative-empirical legal method through statute, conceptual, and sociological approaches. The findings show that village involvement in the planning, implementation, and supervision of LP2B remains procedurally minimalist due to the absence of a delegative norm in the regional regulation and the lack of a Village Regulation on LP2B. Empirical findings from Panaikang Village confirm this pattern, marked by a weak written recommendation mechanism and low legal capacity of village officials following the Job Creation Law regime change. This article recommends reconstructing the delegative norm in the regional regulation, institutionalizing a written recommendation mechanism by the Village Head together with the Village Consultative Body, and strengthening village legal capacity as the basis for a more participatory and equitable LP2B regulatory formulation.
THE PRINCIPLE OF LEGALITY IN THE INDONESIAN CRIMINAL CODE AND THE SEYCHELLES CRIMINAL CODE (A COMPARATIVE STUDY) Kuswardani; Marisa Kurnianingsih; Andria Luhur Prokosa; Fahmi Fairuzzaman
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.v9i1.2425

Abstract

Both the Indonesian and Seychellois legal systems are hybrid system or mixed. Those two countries accepted the codification of the criminal code. In Indonesia, Law Number 1 of 2023 concerning the Criminal Code (KUHP) was promulgated on January 2, 2023, and will come into effect on January 2, 2026, replacing the previous code. Whereas the Seychelles Penal Code (Chapter 158) was enacted on 1 February 1955. This study aims to compare the formulation of the principle of legality within these two penal codes. This is referred to as normative research, utilizing secondary data. Research findings indicate that the principle of legality within the Indonesian Criminal Code (KUHP) is clearly formulated and accommodates the law living in society (customary law). In order to ensure that such living law possesses legal certainty and meets the lex scripta requirement, customary criminal offenses must be clearly defined or formally enacted by regional legislative bodies. In the Seychelles Criminal Code, the principle of legality is not explicitly formulated; instead, it is enshrined in the national constitution specifically in Article 18 regarding human rights. The study recommends that be made binding jurisprudence on lower-court judges in similar cases to ensure consistency in rulings.
RECONSTRUCTION OF BANK INDONESIA'S INDEPENDENCE AFTER THE P2SK LAW AND THE 2026 AMENDMENT LAW: BETWEEN DEMOCRATIC ACCOUNTABILITY AND THE RISK OF INSTITUTIONAL INTERVENTION Selamat Kristian H; Rizki Tri Anugrah Bhakti; Dwi Afni Maileni
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.v9i1.2432

Abstract

This study analyzes the reconstruction of Bank Indonesia's Independence after the enactment of Law No. 4 of 2023 concerning the Development and Strengthening of the Financial Sector and Law No. 4 of 2026 concerning Amendments to Law No. 4 of 2023. The main issue examined: "Whether the strengthening of accountability, coordination, institutional evaluation, and budgetary supervision of Bank Indonesia is still within reasonable democratic control limits or has opened up space for intervention against the independence of the central bank". This study uses normative legal research methods with legislative, conceptual, and historical approaches. The analysis is carried out through four dimensions of central bank independence, including goal independence, instrument independence, personal independence, and financial independence. This study argues that the P2SK Law and the 2026 Amendment Law do not formally remove Bank Indonesia's independence, but shift the character of its independence from a relatively autonomous technocratic independence model to an independence model that is more conditioned by political accountability and institutional supervision. The most pronounced shift is seen in the "objective and financial" dimensions, while the relative independence of "instruments and personal" is maintained. Therefore, a firm interpretation limit is needed so that strengthening accountability does not turn into an intervention in the substance of monetary policy, payment systems, and macroprudential.
THE EFFECTIVENESS OF RESTORATIVE JUSTICE IN JUVENILE CRIME CASES IN INDONESIA Sabel Natania Simanjuntak; Abdurrakhman Alhakim; Emiliya Febriyani
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.v9i1.2434

Abstract

Safeguarding children in legal conflicts is an essential element of the state's commitment to accommodating human rights and establishing fair judicial mechanisms. The philosophical transformation from a retributive approach to restorative justice has been formalized through Law No. 11 of 2012 on the Criminal Justice System for Children. This study aims to analyze the effective implementation of restorative justice in the juvenile criminal justice system and to identify the factors that influence its implementation. The methodology used is normative jurisprudence with a statutory, conceptual, and comparative approach, analyzed using Soerjono Soekanto's theory of legal effectiveness. The research findings indicate that although the normative construction of restorative justice is adequately available, its implementation has not reached an optimal level. The primary obstacles include weaknesses in technical operational regulations, disparities in interpretation among law enforcement officials, limited resource capacity, and a legal culture that still leans toward a punitive orientation. A comparative study with practices in the United Kingdom, the Netherlands, and Singapore demonstrates that the success of restorative justice is greatly influenced by institutional clarity, standardization of implementer competencies, and integrated supervision mechanisms. Based on these findings, this study re_commends consolidating implementing regulations, improving the capabilities of law enforcement officials, and establishing a continuous evaluation system to realize a juvenile justice system that is fair and oriented towards child protection.
ASSET RECOVERY AND HUMAN RIGHTS: ASSESSING INDONESIA’S READINESS FOR NON-CONVICTION BASED ASSET FORFEITURE Shinta Maharani
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.v9i1.2437

Abstract

Indonesia’s asset recovery framework remains heavily dependent on conviction-based asset forfeiture (CBAF), a model that has proven structurally inadequate in addressing complex, transnational, and economically motivated crimes. In practice, criminal proceedings often stall when offenders abscond, die, or exploit procedural loopholes, leaving illicit assets beyond the State’s reach despite formal convictions or protracted trials. At the same time, limitations in Mutual Legal Assistance (MLA), fragmented regulations, weak inter-agency coordination, and a scarcity of expertise in forensic accounting and financial investigation further undermine the effectiveness of asset tracing, freezing, and confiscation, particularly in cross‑border cases. This article argues that a juridical reconstruction of Indonesia’s asset forfeiture regime, through the adoption of a Non‑Conviction Based Asset Forfeiture (NCBAF) mechanism, is an imperative rather than an option, provided that it remains constitutionally legitimate and consistent with the United Nations Convention against Corruption (UNCAC). Drawing on normative legal research, the study analyzes existing legislation, international instruments, and comparative practice to design an NCBAF model grounded in four pillars: recognition of NCBAF as an in rem proceeding applying a balance‑of‑probabilities standard of proof; a clearly defined scope of forfeitable assets encompassing proceeds of crime, instrumentalities, and substitute assets; robust constitutional safeguards, including judicial oversight and third‑party protection; and institutional integration through the establishment of a National Asset Data Integration Center (PIDAN) under the coordination of PPATK as Indonesia’s financial intelligence unit. The article also examines oversight mechanisms, administrative objections, judicial challenges, and calibrated evidentiary burdens intended to prevent abuse of authority while securing effective asset recovery. It concludes that a principled and progressive NCBAF framework, grounded in non-retroactivity while permitting prospective application to unresolved assets, can strengthen Indonesia’s compliance with international standards, enhance cross-border asset recovery, and promote restorative economic justice, while upholding the rule of law, legal certainty, and the protection of fundamental human rights.
A MODEL OF SAFEGUARD CLAUSES IN COOPERATIVE INVESTMENT CONTRACTS: INTEGRATING THE PRINCIPLES OF PRUDENCE, TRANSPARENCY, AND MEMBER PROTECTION Fatimah Asyari; Maisyarah
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.v9i1.2438

Abstract

The need for capital, technology, and expanded business networks increasingly encourages cooperatives to establish investment relationships with external parties. Although such relationships may strengthen business capacity, they may also generate legal risks arising from information and bargaining asymmetries, the ultra vires exercise of authority by the Management Board, misclassification of funds, conflicts of interest, disproportionate risk allocation, and investor dominance that may undermine member control. This study examines the weaknesses in the legal construction of cooperative investment contracts and formulates a model of safeguard clauses integrating the principles of prudence, transparency, and member protection. It employs a normative legal research method using statutory, conceptual, and contractual approaches. The legal materials are analysed prescriptively through systematic interpretation and legal construction. The findings demonstrate that cooperative law, contract law, and regulations governing equity participation capital provide a legal basis for determining the authority of cooperative organs, contractual validity, and the relationship between cooperatives and investors. Nevertheless, these legal frameworks have yet to establish comprehensive minimum contractual standards applicable to the various forms of cooperative investment. This study proposes a model comprising clauses on due diligence and disclosure; approval by the General Meeting of Members for material investments; representations and warranties; classification and use of funds; limitations on investor control; risk allocation and asset protection; conflict-of-interest controls; reporting and auditing; personal data protection; changed circumstances; default, termination, and remedies; and multi-tiered dispute resolution. The model positions the contract as an instrument of governance and risk control that ensures investment certainty without compromising cooperative autonomy or democratic member control.
LEGAL LIABILITY OF THE MANAGEMENT OF MERAH PUTIH VILLAGE/SUBDISTRICT COOPERATIVES IN MANAGING PUBLIC FUNDS: AN INTEGRATED LAYERED LIABILITY MODEL Maisyarah; Fatimah Asyari
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.v9i1.2439

Abstract

The establishment of Koperasi Desa/Kelurahan Merah Putih (KDMP), or Merah Putih Village/Subdistrict Cooperatives, as an instrument for strengthening village- and subdistrict-based economies raises a distinct legal issue when cooperative management intersects with public financing and public interests. The central issue concerns the legal boundaries between legitimate business risk, the institutional liability of the cooperative as a legal entity, the personal liability of its management, and public accountability when losses arise from fund management. This study aims to construct a legal liability framework for KDMP management in managing public funds. It employs normative legal research using statutory and conceptual approaches, supplemented by a limited case approach. Legal materials are qualitatively analyzed through legal interpretation, systematization, argumentation, and prescriptive analysis. The findings demonstrate that neither financial losses nor government involvement in KDMP financing automatically gives rise to the personal liability of management or public accountability. The attribution of liability must instead be determined by the legal status of the funds, the scope of management authority, compliance with fiduciary duties and prudential principles, attributable fault, causation, and the nature of the resulting loss. This study proposes an Integrated Layered Liability Model, consisting of six sequential tests: the Source and Status of Fund Test, Authority Test, Fiduciary Duty Test, Prudential and Compliance Test, Fault Test, and Causation and Loss Test. These tests distinguish four possible legal outcomes: legitimate business risk, institutional liability, personal liability, and public accountability. The study further introduces the concept of a liability transition point, referring to the juridical threshold at which a consequence initially falling within legitimate business risk or institutional liability shifts into the personal liability of management and/or public accountability.
TOURIST MANAGEMENT FOLLOWING THE REVITALIZATION OF BALEKAMBANG PARK: A TOURISM LAW PERSPECTIVE Jayu Fatmi Rahmadi; Rizky Septiana Widyaningtyas
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.v9i1.2443

Abstract

This study aims to analyze the effectiveness of visitor management following the revitalization of Balekambang Park as a public space and a leading tourism destination in the City of Surakarta. The focus of the research is directed toward three main aspects of visitor management, namely physical, regulatory, and educational management, as well as their integration in supporting the principles of sustainable tourism. The research employs an empirical legal research method with a qualitative approach. Data were collected through semi-structured interviews with the management of the Regional Public Service Agency–Technical Implementation Unit (BLUD UPTD) of the Tourism Area and non-participant observation of visitor activities and park facilities. The data were analyzed using a descriptive-analytical method by examining and interpreting field findings based on relevant conceptual frameworks and legal provisions. The results indicate that the revitalization of Balekambang Park has successfully improved the physical quality of the area and increased visitor numbers; however, visitor management has not yet been implemented optimally in an integrated manner. Physical management is relatively more developed than regulatory and educational management, which continue to face institutional constraints, weaknesses in rule enforcement, and limitations in systematic visitor education. This study concludes that the effectiveness of visitor management is highly dependent on the strengthening of technical regulations, the integration of educational strategies, and the enhancement of the institutional capacity of the managing authority in order to achieve sustainable destination management.

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