Awang Long Law Review

OPTIMIZATION OF THE INTERNATIONAL COMMITTEE OF THE RED CROSS TOWARDS THE PROTECTION OF HUMAN RIGHTS OF THE INTERNATIONAL COMMUNITY

Subakdi — 2025-11-03

The International Committee of the Red Cross or ICRC is an international organization that carries out humanitarian missions in the health sector. The ICRC helps international countries that are in criminal conflict to protect the human rights of civilians affected by the conflict. The purpose of this study is that the authors hope to find out the ICRC's optimization of the protection of human rights in the international community. This research uses a literature study research method on the ICRC's optimization of the protection of human rights of the international community in countries that have been given assistance by the ICRC before.

ENFORCEMENT OF LAWS ON SEXUAL VIOLENCE IN MARRIAGE (MARITAL RAPE): A COMPARATIVE STUDY OF CRIMINAL LAWS IN INDONESIA AND SINGAPORE

Azzhara Nikita Wahdah — 2025-11-03

Marital rape is a form of sexual violence that is often not explicitly recognized in legal systems, especially in countries with strong patriarchal cultures. This article provides a comparative analysis of the regulation and enforcement of marital rape as a criminal offense in Indonesia and Singapore. In Indonesia, the recognition of marital rape as a criminal offense has been strengthened through the new Criminal Code (Law No. 1 of 2023), the PKDRT Law, and the TPKS Law, although its implementation still faces challenges in the form of complaint offenses, social stigma, and a lack of understanding of gender issues among officials. Meanwhile, Singapore has removed legal immunity for husbands since the enactment of the Criminal Law Reform Act 2019, and provides civil protection through Personal Protection Orders (PPOs) and an integrated reporting system. This study uses a normative legal and comparative law approach to examine the differences in the legal systems, regulations, and cultures of the two countries. The results of the study show that Singapore is more progressive in handling cases of marital rape, both in terms of regulations and victim protection mechanisms. This article recommends that Indonesia strengthen inter-agency synergy, reform the reporting system, and improve public legal literacy as strategic steps in combating domestic sexual violence. With a comprehensive approach, it is hoped that the Indonesian legal system can be more responsive to the needs of victims and ensure gender sensitive justice.

THE BUSINESS BEHIND THE CHARM OF TOURIST VILLAGES: WHEN THE LAW NEEDS TO BE MORE REAL

Benhard Kurniawan Pasaribu — 2025-11-05

The charm of tourist villages across Indonesia is increasingly attracting attention as an alternative driver of community-based economic growth. Tourist villages serve not only as venues for cultural and natural preservation but also as incubators for various creative economic activities led by local communities. However, behind this economic dynamism, many business practices still operate without clear legal certainty—covering issues such as business entity status, partnership contracts, financial management, and the protection of intellectual property rights. This study explores three key questions: the forms and patterns of business practices within tourist villages, the legal challenges faced by business actors, and the ideal model of business regulation to strengthen the role of rural communities in managing tourist villages. The research employs a juridical-empirical method, using a problem-solving strategy that includes literature review, interviews, and direct observation of two tourist-village sites. The findings show that most business activities in tourist villages are carried out on a micro, small, and medium scale with informally managed operations. Several areas require greater attention and improvement: strengthening synergy between local government and village communities, enhancing legal awareness among local micro-enterprise actors, and addressing tourism safety and insurance standards. The study recommends a business-law regulatory model that formally designates local government as a mandatory partner for mentoring and supervision, implemented under the principle of “Community-Led, Government-Supported,” while ensuring that all major decisions in village tourism management reflect the outcomes of community deliberation.

AN UNREASONABLE PURCHASE OF GOODS: A CRIMINAL LAW PERSPECTIVE

Kuswardani — 2025-11-05

The purpose of this study is to compare the criminal law regarding the dishonest purchase of goods or receipt of goods resulting or also known as fencing from crime between the Indonesian Criminal Code and the Penal Code of Singapore. This research uses a normative juridical method, so the data used is secondary. This data consists of the Indonesian Criminal Code and the Singapore Penal Code, as well as journals relevant to the problem. The novelty of this research is that the formulation of criminal sanctions is not only alternative but can be imposed cumulatively, and there is a separate formulation regarding the receipt of stolen motor vehicle goods. The research results show that purchasing criminal goods or receiving stolen property or fencing is regulated under Article 480 of the Indonesian Criminal Code and Article 411 of the Singapore Criminal Code. Both define the offense as intentional by a responsible perpetrator. Criminal sanctions under the Indonesian Criminal Code are alternative, and if fencing occurs, there is jurisprudence as source of formal law. While those under the Singapore Penal Code are alternative or cumulative. Receiving stolen property, particularly motor vehicles, carries cumulative penalties, plus a ban on holding or obtaining a driver's license, imposed by the court upon release from prison. The research concludes that fencing is a violation in both Indonesia and Singapore. The only differences lie in the form of punishment stipulated in the Criminal Code and the formulation of receiving stolen property for motor vehicles. The research concludes that fencing is a violation in both Indonesia and Singapore. The only differences lie in the form of punishment stipulated in the Criminal Code and the formulation of receiving stolen property for motor vehicles.

THE ROLE OF THE CONSUMER DISPUTE RESOLUTION AGENCY IN BREACH OF PERFORMANCE DISPUTES UNDER THE CONSUMER PROTECTION LAW

Excel Febrianka Yuwono — 2025-11-18

Globalization and modern economic development not only bring opportunities but also generate new challenges in the relationship between consumers and business actors. One of the dispute resolution mechanisms regulated under Law No. 8 of 1999 on Consumer Protection is the Consumer Dispute Resolution Agency as a non-litigation forum. This study aims to analyze the Consumer Dispute Resolution Agency’s authority in adjudicating default disputes and the implications of Supreme Court Decision No. 275 K/Pdt.Sus-BPSK/2024 for consumer protection. The research method applied is normative juridical with statutory, conceptual, and case study approaches. The findings reveal that the Consumer Dispute Resolution Agency is authorized to resolve consumer disputes through mediation, arbitration, or conciliation, but not pure contractual defaults, which fall under the jurisdiction of civil courts. The Supreme Court decision confirms that default disputes in sales contracts cannot be categorized as consumer disputes, thereby excluding the Consumer Dispute Resolution Agency’s jurisdiction. This situation creates challenges because consumers who suffer losses due to default cannot obtain optimal protection through the Consumer Dispute Resolution Agency. Moreover, the lack of executorial power for the Consumer Dispute Resolution Agency decisions further undermines its effectiveness as a quasi-judicial body. Therefore, strengthening regulations and harmonizing the Consumer Protection Law with civil law are essential to ensure that the Consumer Dispute Resolution Agency can function more effectively in providing legal certainty and consumer protection.

Bank's Responsibility for The Execution Of Auctions For Uncertified Land

Eduard Kamaleng — 2025-11-20

The auction method is typically used to bring together two parties in a legal transaction. In an auction, there are two parties involved: the party submitting the bid and the party that wins the auction. Auctions can be carried out on land that has been obtained and registered with a mortgage. In practice, there are also irregularities in the auction process, particularly in auctions conducted on land that has not been certified. This is the case, for example, in Court Decision Number 03/Pdt. Eks / 2020 / Pn.Tbk Jo. Number 29 / Pdt.G / 2015 / Pn.Tbk. This study will discuss the Implementation of Regulations regarding the execution of auctions for land collateral that has not been certified. How is the Bank's Accountability for the Execution of Auctions for Land That Has Not Been Certified? What is the Solution to the Execution of Auctions for Land That Has Not Been Certified? The research methodology employed in this study is a normative research approach. Regulations governing the Execution Auction include Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Apartment Units, and Land Registration, Auction PMK, Mortgage Law, Regulation of the Minister of Agrarian Affairs Number 16 of 2021 concerning the Third Amendment to the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 3 of 1997 concerning Implementing Provisions of Government Regulation Number 24 of 1997 concerning Land Registration. The role of the bank in the smooth running of the transfer of rights from the bank as the applicant for the auction of land to the auction winner is part of the bank's responsibility, as referred to in the theory of strict liability, which requires the bank to be jointly responsible for it even though the bank did not make a mistake. To address the issue of auction execution on uncertified land, several legal solutions can be employed. First, the government needs to accelerate the land certification process through the Systematic Land Registration (PTSL) program. Second, there needs to be stricter regulations related to auction execution. Third, education and socialization to the community regarding land rights and applicable legal procedures are also critical. Fourth, establishing mediation or dispute resolution institutions at the local level can be an alternative solution to resolving disputes that arise from auction execution. Fifth, the government should also consider providing incentives for landowners who are willing to undergo certification.

Legal Protection of Participants in the Procurement of Technical Equipment Against Misuse of Equipment Design

Desron Siringo-Ringo — 2025-11-20

The submission of a procurement request for engineering equipment is, of course, accompanied by a budget plan for the manufacture of the equipment. In practice, many companies that conduct engineering equipment procurement auctions often obtain engineering equipment designs from one tender participant to be used by other tender participants without disclosure. This causes injustice to tender participants whose engineering equipment designs are used without their knowledge or consent. The absence of registration of industrial designs results in no protection of industrial design rights, which can lead to imitation or plagiarism of the design, and there is even the possibility of using the design in the future. Another problem that also arises is that the engineering equipment designed or created is not mass-produced, as it is only produced for specific conditions. The formulation of the problem in this study concerns how to regulate engineering equipment design, how to protect engineering equipment procurement participants from misuse of engineering equipment design, and what solutions are available for addressing misuse of equipment design. The research methodology used was normative research. In Indonesia, industrial design, also known as industrial product design, has been recognized as a distinct entity from copyright. In 2000, a law specifically regulating industrial design was enacted, known as the Industrial Design Law. Additionally, the regulation regarding the layout of integrated circuits is outlined in Law Number 32 of 2000 concerning Integrated Circuit Layout Design. The protection of engineering tool designs can only be carried out through repressive efforts, both criminally and civilly. This protection is only based on whether the engineering tool procurement participant has an industrial design certificate. So that the engineering tool procurement participant firmly owns the legality of the design, solutions that can be taken include: First, the need for preventive legal regulations in the form of obligations from the engineering tool procurement company with the engineering tool procurement participant in the form of a written agreement containing an agreement to maintain the confidentiality of information. Second, there is a need for ease in obtaining industrial design certificates by the Directorate General of Intellectual Property Rights. Third, there is a need for supervision and socialization of all business entities participating in the procurement of engineering tools to prevent the misuse of engineering tool designs.

Legal Protection of Bankrupt Creditors Against Transfer of Management Rights Over Land Owned by Bankrupt Debtors Due to Delay in Extension of Batam Authority's Annual Mandatory Money

Anggra Satria Sitindaon — 2025-11-20

When the soil entered estate bankruptcy, it experienced delays in paying the Batam Authority's Annual Mandatory Fee. The Batam Authority's Annual Mandatory Payment is one of the strongest pieces of evidence indicating that the company has legal ownership over the land. However, the possibility of the land being taken over by the Batam Business Agency is because the Batam Business Agency has the right to do so. However, the conflict of regulations that occurred also resulted in a legal vacuum, leaving a gap in resolving the problem. In this study, several issues are studied, including: How are the regulations regarding assets owned by bankrupt debtors, the rules regarding the transfer of land management rights by the Batam Business Agency, how the legal protection of bankrupt creditors regarding the transfer of land management rights owned by bankrupt debtors due to delays in extending the Batam Authority's annual mandatory money. The form of this research is normative legal research, utilizing secondary data as its primary source of information. The data analysis used is qualitative descriptive analysis. The assets owned by debtors who are declared bankrupt include those that already existed at the time of the bankruptcy decision, as well as those acquired during the bankruptcy process, referred to as estate bankruptcy. The supervisory judge and curator manage the estate in bankruptcy, with the results then distributed according to the previously determined repayment priorities. The transfer of land management rights can be carried out by BP Batam if several conditions are met, namely that the Batam Authority Annual Compulsory Money has not been paid or extended, there is a mismatch in land use, or the land has been given in not cultivated within a specific period. The transfer of management rights can be carried out because BP Batam is the holder of the management rights to the land in Batam. In facing the challenges faced by bankrupt creditors, legal protection is an essential aspect. One way to protect creditors is to strengthen the monitoring mechanism for the transfer of land management rights. Additionally, legal education for creditors needs to be improved so that they understand their rights within the bankruptcy process. Many creditors are not aware that they have the right to file objections to the transfer of management rights carried out by BP Batam. By improving legal understanding, creditors can be more proactive in protecting their rights.

Legal Protection for Donators Against Actions by Donation Recipients Who Misappropriate Donation Money

Junaidi Syahputra Gani — 2025-11-20

In reality, collecting donations often does not match the original purpose of providing the funds. This is a common occurrence and is frequently reported by television, mass media, and online media. In this study, several issues are examined, including the implementation of regulations regarding donations, the legal protection afforded to donors against the misuse of donation funds by recipients, and the solutions for actions taken by recipients who misuse donation funds. The form of this research is normative legal research, utilizing secondary data as its primary source of information. The data analysis used is qualitative descriptive analysis. Legal protection for donors in the context of acts of misuse of donation money by recipients of donations is a complex issue and requires serious attention. On the one hand, existing regulations have provided a sufficient legal framework to protect donors; on the other hand, there are still many challenges to their implementation in the field. Cases of misuse that occur show that the existing regulations are not fully effective in preventing misuse of funds. It is essential to strengthen the supervision and accountability of institutions that collect donations. Transparency in fund management, independent audits, and certification for trusted foundations are some steps that can be taken to increase donor trust. In addition, educating the public about their rights as donors is also crucial in building better legal awareness. With the various solutions proposed, the donation ecosystem in Indonesia can become more efficient and transparent. The public must feel safe and confident that every donation given will be used for the right purpose. Only in this way can we build a healthy and sustainable donation culture in Indonesia.

Legal Implementation of a Deed of Testamentary Grant in Cases Where the Beneficiary is an Unregistered Legal Entity

Noviarasta Dewi Rositasari — 2025-11-20

The Aim of this research is to identify the essential aspects that must be verified by a notary in the process of drafting a deed of testamentary gift, to ensure that an individual or legal entity meets the criteria as a beneficiary under the provisions of the Indonesian Civil Code. Furthermore, the research aims to gain a deeper understanding of the notary's responsibilities in carrying out duties related to testamentary deeds. The research method employed in this study is a normative juridical approach combined with empirical data, utilizing a conceptual approach, a statutory approach, and a case-based approach. The Novelty of this research lies in the confirmation that, under inheritance law, a legal entity may indeed be designated as a beneficiary of a will. However, in its implementation, certain documentation and clear legal status of the legal entity are required, as stipulated in the Indonesian Civil Code. The findings of this study, referring to the case concerning the deed of testamentary gift in Decision No. 52/Pdt.G/2020/PN.Bgr, indicate that the beneficiary of the will, a foundation, had been established and possessed Articles of Association but had not yet been officially approved by the Ministry of Law and Human Rights. As a result, the legal certainty regarding the foundation’s existence was brought into question. Consequently, the notary may be held administratively and civilly liable if their actions are deemed to fulfill the elements of an unlawful act as stipulated in Article 1365 of the Indonesian Civil Code. This research is conducted with the expectation that in the future that The notary must exercise greater diligence in drafting testamentary deeds and must fulfill all obligations related to their preparation as stipulated by law. This ensures that the testamentary deed created by the notary provides legal certainty and does not cause harm to any party.

Criminal Liability in the Crime of Corruption in Land Acquisition for the Construction

Akh Mulyanto — 2025-11-20

Land acquisition procedures carried out in the context of the construction of the Tapin Dam are qualified as part of land acquisition for the public interest, as referred to in laws and regulations. This qualification is in line with the provisions of 65 of 2006 concerning to Presidential Regulation.36i of 2005, which states that infrastructure development for the benefit of water resources, including dams, is a form of development for the public interest. In this context, the Kalimantan II River Regional Center held land acquisition activities for the construction of the Tapin Dam through the formation of a land acquisition committee as stipulated in the Presidential Regulation. Proof in the Crime of Corruption of land acquisition for the Construction of the Tapin Dam is by proving criminal acts (elements of the article charged), the ability to be responsible, mistakes in the form of intentionality or forgetfulness and the absence of a reason for criminal removal. As for the criminal liability, that the defendant had received land change money from the community that the defendant used for the benefit of his family, so that the defendant was punished criminally and fined. The judge's consideration in Decision No. 10/PID. SUS-TPK/2023/PT BJM regarding the crime of corruption in land acquisition for the construction of the Tapin Dam stated that the defendant was proven to have committed an unlawful act as stipulated in Article 12 letter e of Law Number 31 of 1999 concerning the Eradication of Corruption Crimes, which has been amended and supplemented by Law Number 20 of 2001, so that the verdict is considered appropriate. the defendant had made an agreement with the witness Sogianor Bin Ilar (deceased) as the Head of Pipitak Jaya Village and a member of the Land Acquisition Team in the Implementation of Land Acquisition for the Construction of the Tapin Dam as a state administrator, and the defendant as a participant in the investigation, so that the crime occurred.

Criticism of Deep Sea Miningand the ISA Regulatory Void: The Role of the BBNJ Agreement as a Protection Mechanism

Dimas Raditya Dwi Putra — 2025-11-20

Deep Sea Mining (DSM) in international areas has triggered various controversies due to serious ecological risks and regulatory uncertainty in the International Seabed Authority (ISA). This article aims to examine the legal gaps related to DSM and evaluate the potential of the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement as a temporary protection mechanism until the ISA Mining Code is finalized. The analysis is carried out through a normative approach by reviewing international law of the sea principles such as the “common heritage of mankind,” the precautionary principle, and the ecosystem approach, as well as their relevance in the context of DSM. The study results show that although BBNJ cannot fully replace ISA legally, this agreement offers a significant additional layer of protection for the marine environment through the obligation to conduct environmental impact assessments and the establishment of marine protected areas. This research also reveals conflicts of interest and inequalities in the benefit-sharing mechanism that potentially disadvantage developing countries. In conclusion, BBNJ plays an important role as a complementary instrument that can strengthen DSM oversight, but does not replace the comprehensive regulations required from ISA.

Policy Strategies in Handling Rohingya Refugees in Indonesia to Support Sustainable Justice

Athina Kartika Sari — 2025-11-20

Indonesia’s status as a transit country has the potential to pose negative threats in terms of law enforcement, financial security, social security, the conduct of foreign policy, and other related issues. Although Indonesia has affirmed its commitment to refugee protection as stipulated in Article 27 paragraph (2) of Law Number 37 of 1999 on Foreign Relations, which is further elaborated in Presidential Regulation No. 125 of 2016 on the Handling of Refugees from Abroad, a number of challenges remain unresolved to this day. Against this backdrop, this research employs a normative juridical method. The formulation of the research problems is as follows: (1) What is the legal status of Rohingya refugees under international law and national law? (2) What legal strategies can be adopted in Indonesia to address refugee issues in support of sustainable justice? The conclusions of this research are as follows: (1) The arrival of Rohingya refugees on 14 November 2023 in Banda Aceh demonstrates the absence of legal recognition, as the procedures applied did not comply with either international law or national law, specifically the 1951 Refugee Convention, the 1967 Protocol, and Law No. 9 of 1992 on Immigration. Although immigration violations occurred, humanitarian considerations and the principle of non-refoulement remain central, as both migrants and refugees are in a vulnerable position. (2) Strategic measures that Indonesia may adopt in addressing refugee issues include: a) Strengthening collaboration with local communities and non-governmental organizations (NGOs); b) Promoting economic empowerment through the imposition of taxes on income-generating refugees; c) Utilizing third-party donor country funding schemes to facilitate the relocation of refugees to destination countries or to states that are parties to the Refugee Convention.

CONCEPT OF ILLICIT ENRICHMENT APPLICATION COMPARISON BETWEEN INDONESIA AND AUSTRALIA

virna amalia nur permata — 2025-11-20

This study aims to compare the application of illicit enrichment regulations and concepts between Australia and Indonesia and their implications in reducing corruption cases in both countries. The research method used is normative legal research with a Statute Approach, Conceptual Approach, and Comparative Approach. The legal materials used include primary legal materials, namely laws and regulations relevant to the issues under study. In addition, secondary legal materials consist of textbooks discussing various legal issues, scientific journals, works from legal circles, and research results. Tertiary legal materials are used as supplements, namely through the Internet. The data collection method used is library research. The results of the study show that illicit enrichment will be a breakthrough in the anti-corruption system in Indonesia. Although Indonesia has ratified the UNCAC, this ratification does not accommodate the concept of illicit enrichment. so that implementing Illicit Enrichment can be a good step, reflecting on Australia's success in indicating corruption earlier by looking at the increase and/or imbalance between the wealth of state officials and their legitimate income. In its implications, the Anti-Corruption Law can be the right legal framework for injecting the concept of Illicit Enrichment.