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.
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<![CDATA[SITUATION AND CONDITIONS OF INTERNATIONAL REFUGEES IN THE PANDEMIC OF COVID-19 (LAW REVIEW OF INTERNATIONAL REFUGEES) ]]>
<![CDATA[IIN KARITA SAKHARINA]]>
<![CDATA[ Awang Long Law Review Vol 2 No 2 (2020): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v2i2.80
<![CDATA[Refugees are people who leave their countries and go to other countries to ask for protection. During the Covid-19 pandemic, refugees also became one of the groups affected by the spread of the virus that has claimed many lives almost throughout the country and became a global disaster. Countries that are affected by the spread of this virus are very vulnerable, both susceptible to disease, exposed to the virus are also vulnerable to eviction, especially for a number of countries that apply lockdown. Therefore there needs to be a study that examines the protection and efforts that can be made by countries that are currently accommodating refugees as well as UNHCR as a UN organization that deals with this refugee problem, so that refugees remain protected during this pandemic.]]>
<![CDATA[CRIMINAL POLICY REINTEGRATION BY ANTI-EARLY EDUCATION POLICY CORRUPTION TO ERADICATE CORRUPTION IN REGIONS ]]>
<![CDATA[ABNAN PANCASILAWATI]]>
<![CDATA[ Awang Long Law Review Vol 2 No 2 (2020): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v2i2.81
<![CDATA[Corruption has developed into an extra ordinary crime and is increasingly massive at every level of government. Local autonomy that has been actually intended to decentralized the administration of government to realize a clean and authoritative government (clean and good governance) actually becomes an arena of decentralization of corrupt behavior. Up to now (since 2004), there have been 434 local heads who have been prosecuted for alleged corruption and other law violations, and 70% have been found guilty. If so, it needs an integrative effort in its eradication by reintegrating criminal policy with anti-corruption early education policies.]]>
<![CDATA[LEGAL PROTECTION OF HOUSEHOLD CREDIT GUARANTEE AGAINST PENSION OF CIVIL SERVANTS IN THE CONCEPT OF WELFARE STATE ]]>
<![CDATA[SITTI AISYAH]]>
<![CDATA[ Awang Long Law Review Vol 2 No 2 (2020): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v2i2.82
<![CDATA[Prosperous is the life goal of all people without knowing territory and nationality. All countries in the world are formed with the main objective to achieve prosperity for its inhabitants. Abraham H. Maslow as quoted by Soekidjo Notoatmodjo classifies human needs in the level of needs, hereinafter referred to as the hierarchy of needs. Human needs are categorized into five levels of hierarchy ranging from physiological needs, security guarantees, social needs, recognition and appreciation, and finally is the opportunity to develop themselves. Law No. 1 of 2011 concerning Housing and Settlement Areas explicitly emphasizes the need to increase community access to housing, including for Low Income Communities. Housing management is the responsibility of the state whose guidance is carried out by the central government and regional governments in that case housing and settlement development. Housing problems are one of the primary needs of the community. Where in the case of housing supply and development, it is inevitable that the public service sector is very vital in nature. Talking about housing means also talking about financing, increased development financing due to soaring land prices, construction costs, and the cost of infrastructure and environmental facilities affect the rising prices of home ownership. The government through the banking community provides a housing loan facility, commonly called a Home Ownership Credit. Home Ownership Credit is a credit facility provided by banks to individual customers who will buy or repair a house.]]>
<![CDATA[REVIEW OF STATE FINANCIAL DAMAGES IN LAWS TO THE NAME OF THE NABABAN HOTASI ]]>
<![CDATA[NADYA DEFANI RIESTIRA SCHOUTEN]]>
<![CDATA[ Awang Long Law Review Vol 2 No 2 (2020): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v2i2.83
<![CDATA[This study analyzes Law Number 19 of 2003 concerning State-Owned Enterprises ( BUMN ), Law Number 17 of 2003 concerning State Finance and Law Number 20 of 2001 in conjunction with Law Number 31 of 1999 concerning Eradication of Corruption in relation to the definition of regarding state finances. The problem that then arises is when there is a difference in the definition of state finances regulated in the law, so that when the Directors of SOEs ( BUMN ) issue policies that result in losses, then law enforcement officials are charged with Article 2 and Article 3 of Law Number 20 of 2001 Concerning Eradication of Corruption.]]>
<![CDATA[LAW ENFORCEMENT IN INDONESIA IN THE PERSPECTIVE OF LAW STATES ]]>
<![CDATA[Husni Thamrin]]>
<![CDATA[ Awang Long Law Review Vol 2 No 2 (2020): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v2i2.84
<![CDATA[The existence of Indonesia as a state of law has given birth to regulations that cover all aspects of life which aimed to protecting human rights and law enforcement. In carrying out these objectives, the state must first be able to achieve and realize the law goals, such as the value of justice, certainty and usefulness. The most strenuous work at the moment is facing various polemics and law issues so that it has not been going well, of course, assertiveness is needed to uphold the commitment of law enforcement so as to realize a value of certainty and benefit for the people of Indonesia.]]>
<![CDATA[THE REVIEW OF CORRUPTION ERADICATION IN INDONESIA BASED ON THE ASPECT OF JURIDICAL, MORALITY, AND IDEOLOGY OF PANCASILA ]]>
<![CDATA[SURYANINGSI]]>;
<![CDATA[THARUNA QALIS MULA]]>
<![CDATA[ Awang Long Law Review Vol 2 No 2 (2020): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v2i2.85
<![CDATA[This article proposes to review the handling of corruption cases judicially, morality, and by the ideology of Pancasila in Indonesia. This study is normative legal research with descriptive analysis. This study uses the philosophical approach and the concept approach to find out efforts carried out by the government to tackle corruption in Indonesia from the juridical and moral aspects of the Indonesian people based on the Pancasila Ideology. The corruption eradication efforts have not been able to be resolved optimally because it is having been spread sporadically in Indonesia. Obstacles are on structural, cultural, instrumental and management aspects. The prevention and eradication of corruption must be emphasized as a moral responsibility of the Indonesian people. Because it will be one of the biggest threats to the existence of the Indonesian nation. Corruption prevention must be carried out systematically by strengthening regulations and conducting international cooperation in making the issue of corruption as a crime against Human Rights throughout the world, especially in Indonesia. The aspect of law enforcement in eradicating criminal acts of corruption requires the role of all parties involved in achieving the target in the eradication of corruption that have become an epidemic in Indonesia, there are four factors causing corruption; political and judicial factor, historical factor, social and cultural factor, and the economy factor. Concrete solutions in eradicating corruption needed by Indonesia are redesigning public services, strengthening transparency, supervision and sanctions on government activities related to the economy and human resources, increasing the empowerment of supporting instruments in preventing corruption and to make sure law enforcers are free of corruption. Corruption eradication strategy must be built with the willingness of all parties who want to eradicate corruption itself, by not giving the slightest tolerance in the corrupt acts themselves. In realizing an effort to eradicate corruption itself, it takes a determination in fulfilling the prerequisites in terms of being driven by political ability and will and strong commitment from all parties, transparent and accountable in its implementation, available and balanced resources and capacities.]]>
<![CDATA[RESTRUCTURING OF CONSUMER FINANCING AGREEMENTS DURING THE COVID-19 PANDEMIC ]]>
<![CDATA[SRI ASTUTIK]]>
<![CDATA[ Awang Long Law Review Vol 2 No 2 (2020): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v2i2.86
<![CDATA[Corona Virus Disease 2019 (Covid-19) has an impact on weakening the ability of debtors to meet their obligations to pay loan installments to financial institutions. This research was conducted with the aim to find out government policies in providing solutions to the weakening of the performance of financial institutions due to the Covid-19 pandemic, due to the lack of certainty of debtors in repaying their loans. Normative juridical research with a statute approach is carried out by gathering legal material through literature studies and internet searches. The results of the analysis of legal materials, that to restore business prospects in the field of finance companies that were affected by Covid-19, related to the real sector, economic growth and debtor performance, the government issued the Financial Services Authority Regulation (POJK) Number 11 / POJK.03 / 2020 concerning the Banking Stimulus National Policy as Countercyclical Impact of Corona Virus Disease 2019, by restructuring financing by: Reducing interest rates, extending the period, Reducing principal arrears, Reducing interest arrears or Conversion of credit / financing into temporary equity participation.]]>
<![CDATA[DISPARITY OF COURT DECISIONS IN THE CASES OF PASSENGER NOT ACCOUNTING FOR THE REASON OF AIRCRAFT CAPACITY ]]>
<![CDATA[MUHAMMAD HARIDDIN]]>;
<![CDATA[RUSDIN ALAUDDIN]]>;
<![CDATA[NAM RUMKEL]]>
<![CDATA[ Awang Long Law Review Vol 2 No 2 (2020): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v2i2.104
<![CDATA[One of the cases where passengers were not transported due to an overcapacity of the aircraft (overseat) occurred on the Lion Air Manado - Jakarta flight with flight number JT 743 on 19 October 2011, in connection with this case there were two passengers who objected and suffered losses for this incident, and filed a civil suit to the Central Jakarta District Court for the settlement process with Decision Number: 42/Pdt.G/2012/PN.JKT. PST. and Decision Number: 260/Pdt.G/2014/PN.JKT.PST. This paper will discuss more deeply the basis for judges' considerations so that there are disparities in court decisions. The type of research used is juridical normative, with a statutory approach and a case approach. The data collected is then analyzed qualitatively. The results showed that District Court Decision Number 260/PDT.G/2014/PN.JKT.PST where the Plaintiff filed a lawsuit for act against the law but the Judge decided that the Defendant was guilty of default for the act of not carrying passengers on the grounds of aircraft capacity, this was related to the application of the passive judge principle and the ultra petitum partium principle which had broad meaning in good faith by the judge, then on District Court Decision Number 42/PDT.G/2012/PN.JKT.PST the judge decided that the Defendant was guilty of committing an unlawful act in terms of the absence of passengers on the grounds that the aircraft's capacity was in accordance with the Plaintiff's claim.]]>
<![CDATA[REGULATION ANALYSIS ON OPERATIONAL LICENSES OF BECAK MOTOR IN TIDORE KEPULAUAN: PERSPECTIVE OF LAW NO. 12 YEAR 2011 ]]>
<![CDATA[ULFA SEBAN]]>;
<![CDATA[IRHAM ROSYIDI]]>;
<![CDATA[NAM RUMKEL]]>
<![CDATA[ Awang Long Law Review Vol 2 No 2 (2020): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v2i2.105
<![CDATA[The purpose of paper is to analyze the control costs for becak motor transportation operational permits in accordance with the authorities owned and the suitability of the contents of the Tidore Islands Mayor Regulation Number 3 Year 2016 concerning v Operational Permits with Types and Hierarchy in the Formation of Legislative Regulations. The type of research used is socio-juridical research, which is research that is focused on examining the application of the rules or norms in positive law. This research uses a statutory approach and a case approach. The data collected is then analyzed qualitatively, namely data obtained from both library research is grouped and selected then combined with the problems to be studied according to quality and truth so that they will answer the existing problems. The Regional Government of Tidore City does not have the authority to collect fees for controlling the operational license for becak motor vehicles because these charges are against the provisions of Article 2 paragraph (3) and Article 150 of Law Number 28 Year 2009 concerning Regional Taxes and Regional Levies and Article 286 paragraph 2) Law Number 23 Year 2014 concerning Regional Government, in which the authority to determine other types of levies other than those regulated in law is centralized through non-decentralized Government Regulations through regional legal products. So that the regional head regulation that regulates the collection of costs for controlling the operational license for becak motor does not have a legal standing. The type of becak motor vehicle is not classified into the type of vehicle that can function as public transportation as stipulated in Article 47 paragraph (3) of Law Number 22 Year 2009 concerning Traffic and Road Transportation so that the regulation of the becak motor Operational Permit contained in the Mayor of Tidore Islands Regulation Number 3 Year 2016 concerning the becak motor Operational Permit is disharmonious with the regulations in Law Number 22 Year 2009 Traffic and Road Transportation There is a discrepancy between the types and the content contained in the Mayor of Tidore Islands Regulation Number 3 Year 2016 concerning this becak motor Operational Permit where it is not there is an order from a higher level statutory law or regional law or not established based on authority. So that its existence should not be recognized as stipulated in Article 8 paragraph (2) of Law Number 12 Year 2011 concerning the Formation of Shrimp Legislation.]]>
<![CDATA[LEGAL ANALYSIS OF THE PUBLIC PROSECUTOR'S ERRORS IN MAKING AMENDMENTS TO THE CHARGES ]]>
<![CDATA[ACHMAD IMAM LAHAYA]]>;
<![CDATA[AUDYNA MAYASARI MUIN]]>;
<![CDATA[DARA INDRAWATI]]>
<![CDATA[ Awang Long Law Review Vol 2 No 2 (2020): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v2i2.106
<![CDATA[Amendments in charges are not recognized in the Criminal Procedure Code (KUHAP). There is no mechanism for changing the charges, the Criminal Procedure Code only allows the Prosecutor to change the indictment, in practice it was found that the Public Prosecutor in his response (replik) corrected the indictment which he read out regarding errors regarding evidence where there is one piece of evidence that is not related to the case so that the Public Prosecutor correcting by reflecting/crossing out because it is not included in the evidence receipt at the time of transfer of this case to the Court. This paper aims to analyze the arrangements for the Public Prosecutor's claim letter based on statutory regulations. The result of the research shows that the letter of demands for the Public Prosecutor is determined in the Criminal Procedure Code and the Law on the Prosecution, read out after the examination process has been completed. The examination referred to is the examination of valid evidence in criminal law, namely witness statements, expert statements, letters, instructions and statements of the Defendant, as well as examination of evidence. The indictment contains the charges for the sentence against the Defendant, the indictment is based on the indictment which contains a description of the incident of the criminal act and the Article that is suspected to be proven in the process of examining the evidence.]]>
