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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.

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Articles 45 Documents

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Search results for , issue "Vol 5 No 1 (2022): Awang Long Law Review" : 45 Documents clear

NOTARY'S ROLE AND AUTHORITY IN THE BUSINESS ENTITY TRANSFER OF THE FIRM INTO LIMITED COMPANY Maria Febriana Widya Gunawan; Mohamad Fajri Mekka Putra
Awang Long Law Review Vol 5 No 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

This study investigates a notary's function in transferring a Business Entity. This study, which is analytical and descriptive, was conducted using a qualitative research design and is disseminated as a descriptive scientific paper. The statutory and conceptual approaches are used in this research's approach to the issue. Changing a Firm's legal structure to become a Limited Company heavily relies on a notary. The creation of authentic deeds for a variety of deeds, agreements, and stipulations, including the deed establishing a company, is permitted by a notary. Notaries have an essential role in researching the completeness of the files and the number of assets owned by the Firm that will be converted into a Limited Company. As is common knowledge, a Firm Partnership is a business alliance formed by two or more individuals using the same name.

THE NOTARY ROLE IN THE IMPLEMENTATION OF A PAWN PAYMENT AGREEMENT ACCORDING TO HABITS OR TRADITION (GA'DE DAE) IN PUKDALE VILLAGE, KUPANG REGENCY, NTT Jelian Isra Risandy; Mohamad Fajri Mekka Putra
Awang Long Law Review Vol 5 No 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

The implementation of traditional pawn agreements is usually carried out by indigenous groups in several remote areas in Indonesia. An example of the traditional pawn that still exists today is the traditional pawn carried out by the community in Pukdale Village, East Kupang District, Kupang Regency. The community or the parties who make this pawn agreement, should have started to involve a notary in the pawn agreement process, so that it can provide legal certainty guarantees and have perfect power of proof in accordance with the mandate of the law. The research problems in this study are regarding the Urgency of the Role of the Notary in the Pawn Agreement Process according to habit or tradition (Ga'de Dae) in Pukdale Village, Kupang Regency, NTT and the Implementation of the Notary Deed in the Pawn Agreement. The research typology used is exploratory design, and the form of research is Juridical Empirical. While the data analysis method used is a qualitative approach method. The results of the study indicate that the role of the Notary in a Pawn Agreement is indeed very necessary to ensure the strength of the Proof of the Pawn. One of the factors for the occurrence of conflicts or defaults carried out by the parties in the pawn is due to the absence of an authentic deed that can provide separate protection for the parties. The implementation of the Notary Deed in the Pawn Agreement must continue to pay attention to the provisions of the existing legislation, so that the authenticity of the deed is guaranteed. A notary as a public official who makes an authentic deed is responsible for his actions in connection with his work in making the deed.

ANALYSIS OF THE CHARACTERISTICS OF FINANCIAL RISK IN CONTRACT WITH THE PRINCIPLE OF PROFIT-SHARING IN SHARIA BANKING Fauzia P Bakti; Achmad; Aulia Rifai
Awang Long Law Review Vol 5 No 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Risk is a loss born as a result of a specific condition. Islamic banking, a financial institution that bases its operational activities on Islamic law, cannot be separated from risks. This risk can threaten operational continuity, the worst consequence of which can be closure because it cannot operate. Mudharabah and musyarakah contracts are contracts with the principle of profit-sharing. At the beginning of the operation of Islamic banking were the mainstay products to eliminate the interest system practiced in conventional banking. Musyarakah and musyarabah contracts are very strategic products to help advance the people's economy by distributing funds for the trade and industry sectors. Lately, musyarakah and mudharabah contracts have not become the leading service. Banking services are more on consumptive contracts such as murabahah, ijarah, Qardh, and others. The high-risk character attached to the profit-sharing contract triggers the unpopularity of this contract in Islamic banking services. This paper is intended to describe the characteristics of contract risk with the principle of profit-sharing and the identification of potential risks that accompany it. Therefore, it makes it easier for interested parties to undertake risk management efforts. In contrast, they continue to ensure whether these efforts run according to sharia.

LEGAL PROTECTION AGAINST VICTIMS OF DOMESTIC VIOLENCE IN UNREGISTERED MARRIAGES Muhammad Farid Nurdin; Muhammad Said Karim; Wiwie Heryani
Awang Long Law Review Vol 5 No 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

This study purposes to analyze Law No. 23 Year 2004 in providing legal protection to victims of domestic violence against marriages that are not registered at the Office of Religious Affairs. The research is normative-legal research, using the statute approach, conceptual approach, and case approach. The legal materials used are primary legal materials and secondary legal materials. The collected legal materials are then analyzed qualitatively. The results of the study indicate that the law affirms that every citizen has the right to obtain legal protection, including victims of domestic violence. Law No. 23 Year 2004 concerning the elimination of domestic violence was then present to provide legal certainty related to legal protection in the event of domestic violence, the violence is both physical and psychological violence, the government then makes regulations related to protection schemes if it occurs violence starts from the protection of the police, social services, and courts. Especially for unregistered marriages, they can still get legal protection based on Law No. 23 Year 2004 if it can be proven that it is true that a marriage has occurred and lives in the same household.

IMPLEMENTATION OF UTTP EQUIPMENT CALCULATION AND RECAACING IN LAW ENFORCEMENT IN THE FIELD OF LEGAL METROLOGY IN MAKASSAR CITY Fachri Muhammad B; Abd Asis; Hijrah Adhyanti Mirzana
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 was to analyze the implementation of calibration and re-calibration in Makassar City as an effort in law enforcement in the field of legal metrology. The research is empirical-legal research. A research location is a place or area where the author conducts research. In the context of this research, the author conducted research in the city of Makassar, specifically the Regional Technical Implementation Unit for Legal Metrology, Makassar City, Makassar Police Station, and several traders. The reason the author chooses the Makassar City UPTD is that the institution is authorized and competent in providing data regarding the supervision of the implementation of calibration and re-calibration in the city of Makassar. Then at the Makassar City Police, the author will ask for data related to Crime in the Legal Metrology field and some traders to provide information regarding the measuring instruments, measurements, and scales used. The data used are primary data and secondary data. The collected data are then analyzed qualitatively. The results of the study indicate that the authority in the management of legal metrology at the center is carried out by the DITMET of the Ministry of Trade whose task is to carry out the formulation, implementation, and control of policies, drafting guidelines, norms, standards, procedures, and criteria as well as providing technical guidance and evaluation of policy implementation in the field of metrology. legal in order to provide wider space for regions to regulate and manage the lives of their citizens, the central government establishes a regional autonomy policy through Law Number 23 Year 2014 (as was the last amendment through Law Number 9 Year 2015) concerning Regional Government. The transfer of authority for the implementation of the previous calibration and calibration from the provincial government is then transferred to the Regency/City Government, which then each region has the right to form a legal Metrology Unit whose task is to carry out calibration and recalculation. In the case of calibration and recalculation obligations, each UTTP instrument has a period of calibration and recalibration period and the one who is entitled to perform the calibration is the calibrator. As a follow-up to the Regional Government Law, the city of Makassar has established a UML in 2017 through Makassar Mayor Regulation No. 82 Year 2017 concerning the formation, position, organizational structure, duties and functions, and work procedures of the legal metrology technical implementing unit at the trade office.

LEGAL PROTECTION OF FLOWER HAWKERS THROUGH THE PROVISION OF LEGALITY AND BRAND RIGHTS (CASE STUDY IN TONGGONDOA VILLAGE PALIBELO DISTRICT OF BIMA REGENCY) Aman Ma’arij; Gufran
Awang Long Law Review Vol 5 No 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

This research is a legal research that examines the legal protection of flower snack producers in Tonggondoa Village, Palibelo District, Bima Regency, precisely in RT 03 RW 02 Dusun Doro To'i. The purpose of this research is to provide legal protection in the form of granting legality to flower snacks producers and branding the products of flower snacks in Tonggondoa Village referring to the provisions of the Minister of Trade Regulation Number 77/M-DAG/PER/12/2013 concerning the Issuance of Trading Business Permits and Simultaneous Company Registration Certificates for Trading Companies and Law Number 11 of 2020 concerning Job Creation and Law Number 20 of 2016 concerning Marks and Geographical Indications to improve the welfare of the people in Tonggondoa Village. The method used in this study is an empirical legal research method, with several approaches, including: a statutory approach and a concept approach. The results showed that the flower snack producers in Tonggondoa Village from the legal aspect had not received legality as a business group and the flower snacks produced had not received legal protection in the form of labeling and branding that could increase the selling value of flower snacks. Originality: this research is very important considering that no previous research has been conducted on this matter, considering that the flower snack producers in Tonggondoa Village have been around for a long time but there has not been any effort and attention to the legality of flower snacks producers and legal protection efforts for flower snacks production.

AUTHORITY TO ACT HUSBAND OR WIFE IN MAKING A DEED OF TESTAMENTARY ESTATE (LEGAAT) ON JOINT PROPERTY IN MARRIAGE Jassica Halim; Ahmadi Miru; Nurfaidah Said
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 was to analyze the actions of the husband or wife in making a deed of the testamentary estate of joint property in marriage. This type of research is normative-legal research, using a legal approach, a conceptual approach, and a case approach. The legal materials used are primary legal materials and secondary legal materials, using library research techniques, qualitatively analyzed using prescriptive presentation techniques. The results showed that the husband or wife's authority to act in making a deed of the testamentary estate (legaat) on joint property in a marriage, namely a capable husband or wife and a lamp to act alone without requiring the approval of the wife or husband, as long as what was granted in the will only and part-owned by husband or wife over the object of joint property in marriage, because if the deed of grant of will on joint property in a marriage is made jointly by husband and wife or made by husband or wife with the consent of the wife or husband, then on the deed of grant of will it will be in danger of being canceled.

POSITION OF WORKERS WITH DISABILITIES ACCORDING TO THE JURIDICAL REVIEW OF THE MANPOWER ACT AND THE EMPLOYMENT CREATION ACT Nilam Hidayah; Imam Budi Santoso
Awang Long Law Review Vol 5 No 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

This study discusses the rights of persons with disabilities to obtain decent work in order to maintain their lives. Regulations regarding disabled workers have been stated in the Manpower Act and the Job Creation Act. These two laws have not been fully understood and implemented by employers who employ disabled workers, as evidenced by the high number of cases of violations of the rights of disabled workers in various regions. Writing articles using normative juridical research related to researching secondary data and legislation, namely Law Number 13 of 2003 concerning Manpower and Law Number 11 of 2020 concerning Job Creation. The position of disabled workers has been regulated in the Manpower Act, this has met the level of sufficient regulatory policy. However, the emergence of the Employment Creation Law has created a disharmony between the rights or needs for respect and protection of workers with disabilities. The emergence of various cases of violations of the rights of workers with disabilities is a matter of great concern. The Manpower Act and the Job Creation Act have regulated this matter, but have not been able to maximize the protection of disabled workers.

CLASH BETWEEN TWO RESIDENTS IN PROBOLINGGO DUE TO THE ACTUAL LAND RIGHT HOLDER DISPUTE Amajida Firdauz Putri; Mohamad Fajri Mekka Putra
Awang Long Law Review Vol 5 No 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

This study aims to evaluate the reliability of land title evidence, including tax stakes and land certificates, both of which are issued by authorized institutions in good faith to individuals, corporations, or other legal entities. The most typical way to acquire land rights is through transferring rights, though there are other ways. However, disagreements over the actual owners of the rights develop as a result of changing times and laws. Since two owners acknowledge that one of them is the valid owner of the land, there is a disagreement between 2 (two) residents in this writing. While the other party has a certificate obtained through the buying and selling process, one of the parties has evidence in the form of an Excerpt Letter C Book. Both are accepted as valid proof for land ownership. However, more investigation is required to determine how strong each proof is and how land rights are acquired and transferred.

ANALYSIS OF THE IMPACT OF THE DECISION OF THE CONSTITUTIONAL COURT NUMBER 2/PUU-XIX/2021 ON FIDUCIARY GUARANTEE IN BATAM Jauza Tsania Herdin; Mohamad Fajri Mekka Putra
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 and analyze the execution of fiduciary guarantees after the Constitutional Court Decision Number 2/PUU-XIX/2021 in Batam and to determine and analyze the impact of these decisions on the legal certainty of fiduciary guarantee certificates. This research is anormative-empirical research. Normative-empirical research combines library research and field research. This research is descriptive. Data was collected using literature studies and field studies. Analysis of the data used in this study is to use qualitative methods. The results showed that the execution of fiduciary guarantees after the Constitutional Court Decision Number 2/PUU-XIX/2021 in Batam was carried out in accordance with Article 29 paragraph (1) of Law Number 42 of 1999 concerning Fiduciary Guarantees. However, the determination of the debtor's breach of contract must be carried out with legal remedies, namely filing a lawsuit for default if the debtor does not provide an agreement on breach of contract and does not voluntarily submit the object of fiduciary security. The legal certainty of the fiduciary guarantee certificate of validity is reduced due to the implementation of self-execution (parate executie) by the creditor can only be carried out if the debtor agrees that he has breached his contract and submits the object of fiduciary security voluntarily.

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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

Abstract

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Abstract

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