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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 6 Documents
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Search results for , issue "Vol 2 No 1 (2019): Awang Long Law Review" : 6 Documents clear
THE APPLICATION OF THE PRINCIPLE OF BALANCE IN LEGAL PROTECTION OF THE IMPLEMENTATION OF WORK AGREEMENTS: THE MECHANISM OF WORK AGREEMENTS IN AUTOMOTIVE SECTOR COMPANIES IN INDONESIA ANWAR BUDIMAN
Awang Long Law Review Vol 2 No 1 (2019): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (323.123 KB) | DOI: 10.56301/awl.v2i1.66

Abstract

This labor problem is quite complex especially in terms of implementing work agreements. Work agreements made between employers and workers prone to conflict, especially if there are problems with Termination of Employment, wages and conflicts of interest. The arrangement of the work agreement itself is contained in Article 56 up to Article 66 of Act Number 13 of 2003 concerning Employment but for the author the provision is still imperfect considering the format of the work agreement itself is not clearly regulated even though this provision is very important to protect workers' rights. Based on this, the author raised the contents of this study around the issue of work agreements and supervision of the implementation of work agreements, especially Unspecified Time Work Agreements and Specific Time Work Agreements. According to Article 1 number 14 of Act Number 13 of 2003 concerning Manpower ("Manpower Law"), the definition of a work agreement is an agreement between workers/laborers with employers or employers that contains the work conditions, rights and obligations of the parties. An Unspecified Time Work Agreement stipulated in Article 60 of Act Number 13 of 2003 concerning Manpower is a work agreement that can require a period of employment of no longer than 3 (three) months. In the probationary period referred to in paragraph (1), employers are prohibited from paying wages below the applicable minimum wage. Whereas legal protection in work agreements with automotive sector companies in Indonesia as stipulated in Law Number 13 of 2003 concerning Manpower aims to ensure a harmonious working relationship between workers/laborers and employers without any pressure from strong parties to weak parties.
JUSTICE AS A BASIS FOR JUDGES TO PROVIDE A BALANCE FOR JUSTICE SEEKERS IN A CRIMINAL CASE SUBMITTED THROUGH A REVIEW AVRITS
Awang Long Law Review Vol 2 No 1 (2019): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (275.732 KB) | DOI: 10.56301/awl.v2i1.67

Abstract

A request for a review should not be allowed to drag on without a solution, the request for review must be limited also, and it does not mean limiting the space for justice seekers to reach justice. The results of the study of the decision of the review conducted by the Supreme Court revealed that the Supreme Court of the Republic of Indonesia through the PK Decision in both the Mochtar Pakpahan and Polycarp cases had largely applied substantial procedural justice by interpreting justice. That every person has the right to get what is his right and use that right to obtain a share in proportion to it in this case the Prosecutor. Substantial procedural justice should be inspired by the flow of natural law, the flow of positivism law and responsive legal flow. In its development, a theory of justice is needed roommates Provides Balanced rewards to the parties in the effort to re-examine the case in the Supreme Court of the Republic of Indonesia. Justice seekers in submitting Efforts Reviews their review as extraordinary legal remedies are not limited only based on the provisions of Article 263 Criminal Procedure Code but are also based on the decision of the Constitutional Court Number 34/PUU-11/2013. However, based on the principle of freedom of judges where judges in accordance with the provisions of Law Number 48 of 2009 concerning Judicial Power are required to explore the values ??that grow and develop in society. A proof that the judge is required to be Able to implement an article with full care, prudence and fulfill a sense of fairness is the existence of Article 5 of Act Number 48 of 2009 concerning Judicial Power that the judge is obliged to explore the values ??of justice that grow and develop in the middle of society. Judges must be Able to absorb people's inner aspirations or voices about truth and justice, so that legal certainty can always guard justice, so that the objectives of the law to create justice can be fulfilled.
IMPLEMENTATION OF THE PRINCIPLE OF MARITIME LAW IN A SPECIAL TERMINAL AS THE MAIN SUPPORTER OF THE OIL AND GAS BUSINESS WIN PAMULARSO
Awang Long Law Review Vol 2 No 1 (2019): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (467.578 KB) | DOI: 10.56301/awl.v2i1.68

Abstract

The Maritime law principles is the principals terms associated with arrangement of conveyance of goods from one port to another port in order to establish trading transaction through the ocean using vessel as carrier instrument. In order to this activity can be implemented properly, supports such as seaworthy vessels, ports which meet the requirement of safety and security for access, adequate terminal infrastructure and operating procedure in accordance with vessels capacity served, and supported by personal worthy and competent on board and in the terminal. Sea voyage (carriage of goods by sea) possesses risk of damage and loss of the vessels, consignments, crews, and maritime environment destructions that demand liability and indemnity for carrier or ship owner, shipper, and consignee, therefore, contract of a freight and compulsory marine insurance are essential to the ships as well as the cargo. Carriage of goods by sea denotes vessels will convey through open oceans, straits state, innocent passage, archipelagic passage depending on the destination and route it chosen. This research utilized normative-juridical method with descriptive-analytical approach and used legal statutes, court decisions, agreements, and other legislations as primary sources of law. Secondary sources including textbooks, magazines, and journal articles related to the research topic which is implementation of maritime law and optimization, as well as the role of particular terminal in the management of vessel accidents were used. The description of the research found that the principle of maritime law has been implemented properly, however, limited areas of implementation only to Indonesian territory and has not reached the exclusive economic zones and continental shelf generate challenges in subsoil exploitation exertion in the sea. Numbers of overlapping rules and law enforcement in the territorial sea requires a serious refinement to determine the constabulary function holders. Optimizing the role of specific terminal through enabling ISPS Code security is necessary to improve the efficiency. In order to manage accident on the sea, lack of competencies became another challenge, therefore, knowledge upgrade and raining to human capital of oil and gas terminal, either mandatory or statutory or voluntary as Oil Companies International Marine Forum are essential.
THE EFFECTIVENESS OF IMPLEMENTATION RESPONSIBILITIES FOR LOCAL GOVERNMENT BUDGET REGENCY/CITY IN THE NORTH MALUKU PROVINCE NASER SANGDJI; NAM RUMKEL; ABDUL AZIZ HAKIM
Awang Long Law Review Vol 2 No 1 (2019): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (181.266 KB) | DOI: 10.56301/awl.v2i1.74

Abstract

The purpose of this study was to analyze the effectiveness of implementation responsibilities for Local Government Budget regency/budget in the North Maluku Province, and the obstacles factor in its responsibilities. The type of research used is empirical normative legal research (applied) to examine the factual implementation or implementation of each particular legal event. The study aims to ascertain whether the results of the application are in accordance with the provisions of the Statutory Regulations. This empirical normative law research consists of 2 stages. Phase I study of normative law (legislation) Phase II study of empirical law in the form of implementation of the legal event. This study uses primary data and secondary data collected through interviews and observations. The collected data is then analyzed qualitatively. The results showed that the Mechanism of Responsibility for the Implementation of the Regency/City Regional Revenue and Expenditure Budget in the Government of North Maluku Province has fulfilled its obligations in preparing financial reports as regulated in Articles 294 and 295 of the Regulations. Minister of Home Affairs No. 13 Year 2007 concerning guidelines for managing Regional Finances. In this case the Regency/City in the North Maluku Provincial Government has implemented a digital-based accountability system that is in accordance with government accounting standards including SIMDA (Regional Financial Management Information System) E-Monev (Electronic Monitoring Evaluation) and Simolek (Electronic Financial Monitoring System). However, in its implementation there is often a delay in inputting overall accountability data, this is due to the slow collection of reports from each field, which occurs because of the non-functioning mechanism of the roles and duties of each employee. While the inhibiting factor is the delay in the accountability report from each field, it is not carried out in accordance with their respective tasks and functions, the lack of mental integrity and moral responsibility of employees, and the Regency/City Government does not submit Local Regulations and Regional Regulations after being evaluated by the Governor.
NEW PARADIGM IN PROVIDING PUBLIC SERVICES IN INDONESIA Husni Thamrin
Awang Long Law Review Vol 2 No 1 (2019): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (143.298 KB) | DOI: 10.56301/awl.v2i1.78

Abstract

EUTHANASIA IN A REVIEW OF ISLAMIC LAW AND CRIMINAL CODE AJI TITIN ROSWITHA NURSANTHY
Awang Long Law Review Vol 2 No 1 (2019): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (158.191 KB) | DOI: 10.56301/awl.v2i1.79

Abstract

When euthanasia was still being debated, some agreed and some refused. This is because there is an absolute limit that determines death is God and the limits of human rights. The purpose of writing about euthanasia is to find out how religious views and criminal law end this human life. Judging from the objectives, including normative law research. The type of data that used in this study are secondary data and primary data. Data collection techniques that used in this study are the study of literature in the form of books, legislation, documents, internet and so on. Data analysis uses data deduction and data interpretation. Based on the results of research and data analysis, it can be concluded that euthanasia is prohibited in any religion, in the code of medical ethics, it is also not permissible as well as in the rule of criminal law, while the reasons are as follows: In Islam it said: killing one human being is the same as killing all humanity, because every human being must have a family, and have offspring and that human beings are members of the society. Killing one person indirectly will hurt the family, offspring and the surrounding society. Therefore Islam classifies murder as a grave sin after shirk (the history of Bukhari and Muslim). The killer will get a revenge in the form of hell (QS An-Nisa: 93). Criminal Law Regulations in Indonesia said that Euthanasia is a prohibited act, in the criminal law in force in Indonesia the provisions regarding Euthanasia are contained in article 304 of the Criminal Code which prohibits the existence of passive euthanasia and article 344 of the Criminal Code which prohibits active euthanasia. So Euthanasia cannot be applied in Indonesia because in addition to being contrary to Islam, it is also contrary to the Indonesian Criminal Code (KUHP).

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