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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 347 Documents

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POSITION OF CIRCULAR LETTER OF THE SUPREME COURT AS A FOLLOW-UP FROM THE DECISION OF THE CONSTITUTIONAL COURT NUMBER 37/PUU-IX/2011 Suparto; Zulkifli
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Judicial review of Law Number 13 of 2003 concerning Manpower is carried out to the Constitutional Court (MK), one of the reasons is the implementation of Article 155 paragraph (2) has the potential to create legal uncertainty, because there are multiple interpretations related to the term "not yet determined". Constitutional Court Decision No. 37/PUU-IX/2011 granted the petitioners' request, and stated that the phrase "not yet determined" is interpreted as "not yet legally binding" as a result, the wages for the process during the suspension period must be paid until the decision is final and binding. As a follow-up to the Constitutional Court's decision, the Supreme Court (MA) issued a Supreme Court Circular (SEMA) Number 3 of 2015 and one of its contents is that employers pay processing fees for 6 (six) months. This has caused controversy because the content is different from the Constitutional Court's decision. Based on the research, the results show that the Supreme Court does have the authority to issue SEMA but it should only be for the internal judiciary and its contents are not regulatory. If it is regulatory, it should be in the form of PERMA. SEMA is not included in the scope of the Legislation as regulated in Law Number 12 of 2011 concerning the Establishment of Legislation. Regarding the norm of processing wages after the Constitutional Court's Decision Number 37/PUU-IX/2011, the Supreme Court should not need to issue SEMA Number 3 of 2015 regarding processing wages paid for 6 (six) months. The Supreme Court may also not reinterpret the process wages contained in Article 155 paragraph (2) of Law Number 13 of 2003 concerning Manpower which has been decided by the Court until it has permanent legal force. Because the position of the Constitutional Court's decision is equal to the law.

COMPARISON OF THE DEATH PENALTY FOR PERPETRATORS OF CORRUPTION IN INDONESIA, MALAYSIA AND SINGAPORE Kartina Pakpahan; Gita Arihta; Uli Teresia Br Tarigan; Mian Fransiska Sianturi
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Corruption is a serious, organized crime that has caused serious problems and threats. The purpose of this study to analyze the regulation of corruption in Indonesia, Malaysia and Singapore, find out and analyze the comparison of the death penalty for corruption in Indonesia, Malaysia and Singapore and compare the efforts to prevent corruption in Indonesia, Malaysia and Singapore. The normative juridical research method is an approach based on the main legal material examining theories, concepts, legal principles, and regulations related to this research. This research included normative juridical research. In normative juridical research, law is conceptualized as a norm, method, principle, dogma. This type research uses a statute approach, which is analyze all laws and regulations relating legal issues that are discussed the research. In Indonesia, corruption more common in the central government from 2004 to 2021 there are many as 402 cases which are data by region, Malaysia scored 48 points out of 100 in the Corruption Perceptions Index 2021 reported by Transparency International, while Singapore the CPIB in 2018 managed to handle 80% of the cases are the majority from the private sector that 112 people were indicted the Court for criminal acts of corruption.

THE POTENTIAL OF PROTECTING GEOGRAPHICAL INDICATIONS OF KAHAYYA COFFEE TO IMPROVE THE ECONOMY OF LOCAL COMMUNITIES Andi Kurniawati; Qaiatul Muallima; Aso Alfian Nur
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 identify the potential of Kahayya coffee so that it can be registered through a geographic indication protection system in order to improve the economy of the local community. Data collection techniques used in this study were observation, interviews and literature study. Then analyzed using descriptive-qualitative technique. The results showed that kahayya coffee has the potential to obtain geographic indication protection because it has the reputation, quality and characteristics required in the protection of geographical indications. Protection of Geographical Indications can improve the economy of local communities and local governments, this can be seen from previous products that have registered geographical indications.

JURIDICAL REVIEW SUSTAINABLE FOOD AGRICULTURAL LAND PROTECTION Jenifer; Kartina Pakpahan; Jessica; Novi Yanti
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

The purpose of this research is to analyze the occurrence of land conversion which is increasing from year to year from agricultural land to non-agricultural land. The research uses a normative juridical method which is carried out by examining literature studies and sources of this research using primary legal sources. The problem in this research is to analyze the policy of sustainable food agriculture land protection, the weaknesses of the policy and provide recommendations to improve these weaknesses. In Law No. 41 of 2009 article 28 discusses the development of agricultural technology that has not been evenly distributed and has not been kept up with the times. Education in agriculture is also still not in accordance with article 63. This land conversion occurs because there are fewer people who work as farmers and the lack of policies that support people to work as farmers. The area of â€‹â€‹non-paddy agricultural land in 2019 was around 29,353,138 hectares and the area of â€‹â€‹rice fields in 2019 was around 7,463,948 hectares. Indonesia should focus more on agriculture to overcome this land conversion.

AN URGENCY TO ARRANGE THE MEETING OF FOUNDATION FOUNDERS THROUGH TELECONFERENCE MEDIA? Andi Suci Wahyuni; Mukaromah; Amina Rahma Ahmad; Imam Hidayat; Afif Athaullah
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Each legal entity has distinctive characteristics for each of its organizations. Not all legal entities make membersâ€™ meetings one of the organizational tools. The same applies to Foundations and their organs. This is different from the position of the GMS and the Cooperative Member Meeting. Digital transformation in community and organizational activities has been increasingly massive since the Covid-19 pandemic. This study examined organizing the meeting of the Foundation's supervisors through virtual meetings. This research was normative research using a conceptual approach, a statutory approach, and a comparative approach. The results indicate that there is a need for strict regulation in the legislation related to the mechanism of the Foundation's supervisory meeting which is carried out through teleconference. Due to the anticipation of the law that is in line with the development of the reality of the interaction of legal subjects who are no longer affected by territorial boundaries.

GOVERNMENT SUPERVISION OF THE RIGHTS FULFILLMENT OF HOUSED WORKERS IN THE TRANSITION PERIOD Arini Nur Annisa; Mutiah Wenda Juniar; Rismawati Nur; Muh Ramadhansyah Prasetia
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 form of supervision carried out by the government on the fulfillment of the rights of laid-off workers and to analyze the effectiveness of the wage system policy and welfare of laid-off workers using empirical normative research methods that use research materials in the form of primary data obtained from field research and secondary data collected obtained from various laws and regulations, books, articles, and theoretical materials related to the object of research. The results show that the form of supervision carried out by labor inspectors tends to be non-judicial repressive in nature by waiting for complaints from workers/laborers and then making tripartite settlements through mediation. The fulfillment of the rights of laid-off workers/laborers through various government policies cannot run effectively which is influenced by three factors, namely, a) labor regulations that do not contain strict sanctions for violations of the fulfillment of workers' rights, b) law enforcers, namely labor inspectors and Civil servant investigators must have qualified legal knowledge related to employment and be active in conducting supervision, and c) Legal culture, especially workers and employers.

EXECUTION OF TAX DELINQUENT ASSETS AGAINST MORTGAGE RIGHTS AT STATE-OWNED ENTERPRISE BANKS Samuel Maraja Agung; Syamsul Bachri; Achmad Ruslan
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

This paper aims to analyze the legal aspects of the execution of tax arrears assets that have been tied to Mortgages in State-Owned Banks. This type of research is normative legal research using a statutory approach and a conceptual approach. Primary legal materials, secondary legal materials, and tertiary legal materials were obtained through library studies and supplemented by interviews. The collected legal materials are then analyzed qualitatively. The results showed that the tax office has the right to receive prepayment for the execution of the taxpayer's property due to a tax debt. State-owned banks also have the right to receive repayments first compared to other creditors for the execution of mortgage objects, as a result of default by the debtor. In this case, the Tax Office and the State-Owned Bank both have the right to receive payment first compared to other parties. Based on the applicable regulations, there is no article that specifically and in detail regulates which payment should be prioritized if the Tax Office and State-Owned Bank both have an interest in the execution of the same object for the settlement of tax debts and debts to creditors. Therefore, it is necessary to coordination between the Tax Office and State-Owned Banks to obtain solutions in solving problems, with consequences that are not detrimental to the Tax Office and State-Owned Banks.

REVIEW OF PERSONAL DATA PROTECTION LEGAL REGULATIONS IN INDONESIA Safira Widya Attidhira; Yana Sukma Permana
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

The advancement of information and communication technology had caused an increase in data breaches and data misuse. The state is encouraged to have strong law regulations concerning the protection of personal data of its society. This research then aims to explain the lack of legal regulation in Indonesia regarding the protection of personal data. In analyzing the problem, this research used the juridical-normative method (legal research) by oriented on the law principles, law norms, and positive law in Indonesia which is relevant to the researchâ€™s topic. The conceptual approach was also used in this research because the researcher is more focused on the law regulation that had been issuance. Legal sources were then much used as research data, starting from the Indonesian Constitution to the draft regulation. This research shows that different from Malaysia and Singapore that are already have the Personal Data Protection Act, Indonesia does not yet have a comprehensive personal data protection law. This is because the protection and misuse of personal data in Indonesia are still regulated as sectoral or scattered in several regulations and acts. As a consequence, Indonesia does not have a clear reference for handling the data misuse cases that are happening. This research then gives some advice and recommendations to the government to pass the Draft Regulation on Personal Data Protection which has been discussed since 2016.

LEGAL CONSEQUENCES AGAINST Default in USING THE SPAYLATER FEATURES ON THE SHOPEE APPLICATION Elvira Fitriyani Pakpahan; Febriyana Laia; Torry Hia
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

In this pandemic era, our mobility and range as a human being is getting smaller. Luckily we are now live in a digital world where everything can be done online. Such as shopping for daily necessities can also be done online. The payment options provided are also quite a lot. One of them is pay later. One of the marketplaces that provides this option is Shopee with the SPayLater service. To explore what are the legal consequences of default in the use of SPayLater services, legal arrangements regarding FinTech and how to minimize the occurrence of misuse of SPayLater services by using normative juridical research methods is the main goal of this study. Based on the results of this study, that there are still a lot of individuals who actually do not comprehend if this SPayLater service is a binding agreement. If there is misuse or Negligence in its use, it can be penalized. As a result, users feel disadvantaged because they get a fairly large fine compared to their actual purchases.

JURIDICAL REVIEW OF INCENSION/BREATING RIGHTS TROUBLE World 2014 (Study of Supreme Court Decision Number 2/PDT.SUS-HKI/2018/ PN.Smg) Ronald Hasudungan Sianturi; Geby Evanda; Dennis Satria A. Nainggolan
Awang Long Law Review Vol. 5 No. 1 (2022): 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.v5i1.564

PT. Inter Sport Marketing (PT. ISM) is one of the license holders from FIFA to serve the broadcast of the World Cup throughout the territory of the Unitary State of the Republic of Indonesia which has been created and signed by l ui license agreement dated May 5 , 2011 between PT. ISM with FIFA. The license agreement made PT. ISM becomes the Master Rights Holder for media rights . However, there are pros and cons which are two main issues . PT. ISM is a company domiciled in Indonesia and is one of the recipients of a license or has received official permission from FIFA to broadcast World Cup broadcasts throughout the territory of the Republic of Indonesia, has been made and signed me l a l ui l icence agreement dated 5 May 2011 between PT. ISM with FIFA. Legal position of PT. ISM as the holder of the copyright license and the legal consequences of the license agreement between the parties PT. ISM and FIFA against third parties; This research includes normative law with a conceptual approach based on legislation, doctrine, and jurisprudence, with the method of collecting data from library research; The result of this research concludes that PT . ISM has the legal standing or legal capacity to prohibit anyone or any party that harms rights throughout the commercial territory of the Republic of Indonesia . Under the FIFA license agreement is known to be valid, the license agreement has legal consequences for third parties which are defined as parties outside the above agreement.

Page 7 of 35 | Total Record : 347

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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

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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