Awang Long Law Review
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.
Articles
347 Documents
<![CDATA[APPLICATION OF THE INTEREST SYSTEM IN CONVENTIONAL BANKS AND ITS RELATION TO ISLAMIC LAW REGARDING USURY ]]>
<![CDATA[M. Husni Ingratubun]]>
<![CDATA[ Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v5i1.654
<![CDATA[Conventional banking operations benefit mainly from the difference between the deposit interest given to customers and the interest or credit loans given. In contrast, in Islamic Banks, the profits they get are not from interest but through profit sharing. The main difference between conventional banks and Islamic banking is the prohibition of Riba (interest) in Islamic banking. Under Sharia banking, bank interest is prohibited while trading is permitted by Allah. Riba is defined as Ziyadah (additional cost). Riba is an additional fee, both in trade transactions and loans that are illegal or contrary to the principles of Muamalah in Islam.]]>
<![CDATA[ENCOURAGING THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS TO "OIL MANDAR" IN THE GEOGRAPHICAL INDICATIONS REGIM ]]>
<![CDATA[Paserangi, Hasbir]]>
<![CDATA[ Awang Long Law Review Vol. 1 No. 1 (2018): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v1i1.13
<![CDATA[Oil mandar or "lomoq mandar" is one of the processed products of coconut that has a fragrant and distinctive aroma. In addition to the distinctive aroma, this oil also has a longlasting resistance that can be stored for more than a year, even without the use of synthetic chemical preservatives. Although this oil is traditionally processed, but this oil is not less competitive with the production of palm oil manufacturers. On the Polewali-Majene axis road we will find a cluster of palm trees waving palm, a familiar scene in the eyes of locals who are the main producers of coconut cooking oil. The geographical and socio-cultural conditions that support make this plant very strategic to be developed. So naturally if this area is held as a coconut producing center in West Sulawesi. Polewali Mandar area as an area that has huge natural resources, one of them is coconut fruit with "Mandar Oil" product, of course have big importance to this problem especially in strengthening people economy so that local government must take an active role to realize legal protection effort in the Geographical Indication regime as stipulated in Government Regulation no. 51 of 2007 About Geographical Indications. The diversity of natural resources in Polewali Mandar is a great God's gift to the Mandar people, most of whom are Mandar Craftsmen other than Fishermen, Silk Woven craftsmen, and Chocolate producers (cocoa). The existing condition has the potential to gain enormous economic benefits when developed and managed commercial and planned. Protecting the potential of existing resources can also increase the source of community income. The form of effort that can be done by local government with Mandar society in protecting Mandar Oil product is by applying Intellectual Property Right registration in Geographical Indication regime to Directorate General of Intellectual Property Rights in Jakarta.]]>
<![CDATA[CRIMINAL JUSTICE SYSTEM ]]>
<![CDATA[Muhadar]]>
<![CDATA[ Awang Long Law Review Vol. 1 No. 1 (2018): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v1i1.15
<![CDATA[CJS, the have lavel is police investigation, he was prosecuted/ajudications and correctional institution. Zelznijk and Nonetz the three level is Criminal Justice System, Pra adjudication, adjudication and post adjudication. There is KPK in investigation corruption criminal, overstate/increase Justice War.]]>
<![CDATA[TERRORISM: GLOBAL THREATS AND HUMAN SECURITY ]]>
<![CDATA[Husni Thamrin]]>
<![CDATA[ Awang Long Law Review Vol. 1 No. 1 (2018): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v1i1.16
<![CDATA[Terrorism is an act that can threaten globally and human security. There are seven components of human security according to UNDP (2004) whose fulfillment must be the responsibility of the government of each country. The seven components can be simplified into two main components, namely freedom from fear and freedom from want (free from inability to own). This research is a normative legal research, using a legislative and conceptual approach, then analyzed qualitatively and presented descriptively. The results show that first, terrorism can be a global threat and human security. There are at least 106 countries around the world that have experienced at least one terrorism attack. This figure is up 11 points from the previous year, where only 95 countries have ever been the destination of terrorism attacks. Second, a conceptual framework such as “Global Antiterrorism Governance” is needed to be agreed upon by all countries in the world, which can be used as a basis for combating global terrorism.]]>
<![CDATA[THE ROLE OF SOE IN IMPROVING POPULACE WELFARE ]]>
<![CDATA[Gunawan Nachrawi]]>
<![CDATA[ Awang Long Law Review Vol. 1 No. 1 (2018): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v1i1.17
<![CDATA[This study aims to determine and understand the formulation of strategies for the management of state-owned enterprises in accordance with the law in order to enhance the role of SOEs as a supporter of economic development of Indonesia's economy for the welfare of society. Know and understand the contribution of SOEs in the framework of Indonesian economic development for the welfare of society. Knowing and understanding the legal politics of SOE management oriented to improve people's welfare. And know and understand the legal politics in the management of SOEs as a driver of economic development of Indonesia in the welfare state and social welfare. This research is included in the form of paradigm of normative juridical research that is research that emphasizes on the use of legal norms in writing. The result of this research is the contribution of SOEs in Economic Political Development in Indonesia by improving the management, especially the efficiency of the operation, will be able to face the market competition. Improvement measures include business restructuring, reducing the number of employees, implementing management control systems, and other strategic policies. BUMNs that do not perform management improvements will usually face various difficulties, especially in the financial sector.]]>
<![CDATA[HUMAN SECURITY IN INTERNATIONAL LAW PERSPECTIVE ]]>
<![CDATA[Kadarudin]]>
<![CDATA[ Awang Long Law Review Vol. 1 No. 1 (2018): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v1i1.18
<![CDATA[The concept of human security began to develop along with the development of human thought about the sense of security and security for his family. The concept of human security is regarded as the most modern concept and replaces the classic concept that prioritizes the national security of a country. International law as a law governing relations between countries in its development cannot be separated from the concept of human security, because the concept of human security is used by the state as an indicator of fulfilling a sense of security for its citizens. The state is the main subject in international law, therefore when the country shifts from a paradigm of maintaining national security to safeguarding human security in carrying out its international relations or carrying out its foreign policy, then one of the objects of study in international law also changes, namely to accommodate the concept of human security. This research is a normative legal research, using a legislative and conceptual approach, then analyzed qualitatively and presented descriptively. The results show that first, international law has a very close relationship with the concept of human security, countries as the main subject in international law can carry out, respect, and fulfill the rights of their citizens in accordance with what is described in the concept of human security. Second, the concept of human security is now beginning to be used by countries in their international relations, human security is then viewed as an indicator that the country has experienced the progress of civilization where the peak is human as the main object in meeting security.]]>
<![CDATA[TERRORISM AND RADICALISM, THREATS FOR IDEOLOGY PANCASILA ]]>
<![CDATA[Alex Chandra]]>
<![CDATA[ Awang Long Law Review Vol. 1 No. 1 (2018): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v1i1.19
<![CDATA[The values of Pancasila have been believed to be true by the Indonesian people. Therefore, practicing Pancasila is a must for the Indonesian nation. Positive attitudes in practicing Pancasila values include respect for family members, respect for the elderly, accepting life sparingly, discriminating friends, accepting deliberations for consensus, performing worship in accordance with their respective religions, and helping others in distress according to their own ability. And, the understanding of religious harmony is an understanding of the concept of living together without any disputes that cause divisions or disputes among religious people. With a clear understanding, then if we apply harmonious life in the interaction of religious people, then we will not encounter or experience a negative attitude or condition with religious reasons. As for those who consider NKRI not pelu that is 0.38 percent and not important 1.51 percent. Only 20 percent consider it necessary and 78.11 rate is still important. From the survey conducted, 37 percent of East Kalimantan residents consider teachers and lecturers who are institutionalized education is the most responsible for the four pillars of the state become part of life. Besides teachers and lecturers, community leaders are considered responsible by approximately 28.3 percent of respondents, 4.9 percent political figures. While 23 percent of the community considers the need to establish a special body.]]>
<![CDATA[JUSTICE FOR THE CONSUMER GARDEN PART OF IMPLEMENTATION OF LEGAL METROLOGY BY BUSINESS ACTIVITIES ]]>
<![CDATA[Soeharsono]]>
<![CDATA[ Awang Long Law Review Vol. 1 No. 1 (2018): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v1i1.20
<![CDATA[Substantial justice is important for consumers who are in fact Indonesian people when obtaining a product that must be carried out through a legal metrology process. Definition of legal metrology according to Law Number 2 of 1981 concerning Legal Metrology: Article 1 (a) Metrology is the science of measuring broadly. The author in this study focuses more on the enforcement of substantial justice against violations in the field of legal metrology, both criminal violations, violations that lead to compensation claims and administrative sanctions against business actors that harm consumers. The problem is why do violations often occur in the field of legal metrology in Indonesia? How is substantial justice reflected in consumer legal protection against legal metrology violations? And what is the responsibility of the business actor for violations in the field of legal metrology that corresponds to substantial justice? Research Methods in this Dissertation use juridical-normative research. The results of his research are substantial justice reflected in the legal protection of consumers against violations of legal metrology, in terms of legal justice and certainty can not be achieved in terms of imposing sanctions in violations of legal metrology. Often talking about justice is always concerned with philosophical issues, abstract justice and imaginative reality. Where justice should be contained in concrete sociological realities in society. Speaking of sanctions in violation of legal metrology, the author argues based on the juridical principle of the application of the Legal Metrology Law as part of the instrument of legal regulation in the economic field. As explained in the background section, the Legal Metrology Law is one type of law that is very influential in national welfare-based national development, and also mandates that the implementation of metrological activities in Indonesia is aimed at realizing legal certainty and justice.]]>
<![CDATA[BICAMERAL SYSTEM IN THE PRACTICE OF ORGANIZING THE INDONESIAN PARLIAMENT (A Study of The Transformation of The Regional Representative Council Into The Second Chamber in The Parliamentary System In Indonesia) ]]>
<![CDATA[SORI, ALIRMAN]]>
<![CDATA[ Awang Long Law Review Vol. 1 No. 2 (2019): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v1i2.60
<![CDATA[The Indonesian Parliament after the amendment to the 1945 Constitution of the Republic of Indonesia practiced an incongruent patterned bicameral system. It was called incongruent Because The first room was different from the second room. The first room (DPR) is a political representation while the second room (DPD) is a territorial/regional/regional representation and soft character, Because The Council's legislative functions and authority are limited to Certain fields. The problem is What is the style and character of the Indonesian Parliament after the changes to the 1945 Constitution of the Republic of Indonesia? How is the system of checks and balances (supervision and balances) in people' s representation in Indonesia fulfilled through a bicameral parliamentary system? How is the Transformation of the Regional Representative Council of the Republic of Indonesia into the second room in the Indonesian parliament to Realize popularism led by wisdom in Deliberation/representation in Indonesia? The research method in this dissertation is legal research with a normative Juridical approach. The results of his research are that the ideal building of the Indonesian parliament in the future must be developed into a strong bicameralism system. MPR membership consists of DPR and DPD. MPR as a joint session. The MPR is no longer an independent institution. It is only a forum for meetings between 2 (two) institutions items, namely the Council and the Parliament. When the trial takes place, both Council members and the House of Representatives members, Werner as members of the Council and the Parliament. They did not join together in an MPR institution.]]>
<![CDATA[EFFECTIVENESS OF CRIMINAL SANCTIONS IN CUSTOMS CRIMINAL ACTS IN THE FIELD OF EXCISE IN TERMS OF THE THEORY OF CRIMINAL LAW (Analysis of the Application of Criminal Sanctions for the Printing of Fake Excise Stamps at the Jakarta Customs and Excise Office) ]]>
<![CDATA[SUTEJO, GATOT HARIYO]]>
<![CDATA[ Awang Long Law Review Vol. 1 No. 2 (2019): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v1i2.61
<![CDATA[Law enforcement against counterfeiting cigarette tax band cannot be performed optimally due to factors that affect law enforcement itself. Law enforcement is required because of a violation of the customs excise lately is high enough, one of which counterfeit cigarette tax band conducted by firms to lower middle cigarette manufacturers. As a result of counterfeiting cigarette excise stamps, the potential losses to the state becomes large enough, within a year nearly one trillion. In addition to the state suffered a loss, smoking can also cause heart and good health to the user as active smokers as well as for passive smokers. Thus, the enactment of Law No. 11 of 1995 on Excise as subsequently amended by Act No. 39 of 2007, violations against counterfeiting cigarette excise stamps can be minimized by applying severe criminal system so that a deterrent effect. The issue is whether the punishment of a criminal offense customs have been effective if it is linked with the provisions of Article 50 through Article 62 of Law No. 11 of 1995 as amended by Act No. 39 of 2007 on Excise impose criminal sanctions most eight-year high in the excise criminal offense when the amount of losses the country billions of rupiah and whether criminal sanctions could have a deterrent effect against criminal excise? And how the solution so that punishment of a criminal offense can be effective excise? This study uses normative juridical approach. Research results that the provisions of criminal law governing the punishment of the crime of criminal customs there are weaknesses that the threat of criminal penalties were small or too light. Whereas the purpose of sentencing in the criminal law policy of modern Indonesia has changed from the purpose of punishment as revenge towards punishment with prevention purposes for the penalty should be increased.]]>
