Awang Long Law Review

COLLABORATIVE GOVERNANCE BETWEEN LEGAL AID INSTITUTE AND MINISTRY OF LAW ON PROTECTION OF THE POVERTY SOCIETY'S RIGHTS IN WEST KALIMANTAN PROVINCE

Grace Kelly Hadi Putri Sihombing — 2026-01-06

This study looks at how the Ministry of Law and the Legal Aid Institute (LAI) work together to protect the rights of the underprivileged in West Kalimantan Province by using a collaborative governance approach, as required by Law No. 16 of 2011 concerning Legal Aid. Despite the fact that legal aid is constitutionally guaranteed and has the potential to increase access to justice significantly, administrative obstacles, poor coordination, and financial limitations continue to hinder its practical application. Due to intricate disbursement processes and constrained case quotas, data show poor litigation legal aid outcomes. In order to comprehend the dynamics of this collaboration, this study employs descriptive qualitative methods through observation, documentation, and interviews. According to the analysis, in order to make legal aid services more inclusive and equitable, stakeholders must work together more effectively, streamline processes, and increase funding. Together with enhancing collaborative governance in the area of legal public services, these recommendations are anticipated to increase the efficacy of legal protection for the underprivileged.

THE EVIDENCE SYSTEM FOR SEXUAL VIOLENCE CASES INVOLVING PERSONS WITH DISABILITIES AS VICTIMS

Sofiatun Sofiatun — 2026-01-11

Sexual violence against persons with disabilities is a crime that must receive full attention. Disabilities as victims of crime must receive justice. A disability-friendly evidentiary system in the judicial process must bring justice. The research aims to find out the obstacles experienced by persons with disabilities in the process of proving law enforcement and provide information about a disability-friendly evidentiary system. The type of research includes normative research where the data source comes from secondary data. Data is collected, classified and processed in accordance with the discussion to provide answers to problems, then presented descriptively. The results of the research show that obstacles can come from persons with disabilities, law enforcement officials, and an undeveloped understanding of sexual violence. Regarding the evidentiary system, there is a need to update the rules, in order to facilitate the evidentiary process. The evidentiary system based on Law No. 12 of 2022 is a friendly way to achieve justice. In the process of implementing evidence, it must also consider a friendly attitude towards disability, as stated in PP No. 39 of 2020 concerning Reasonable Accommodation for Persons with Disabilities in the Judicial Process.

LEGAL ISSUES REGARDING THE ELECTION OF VILLAGE HEADS CASE STUDY OF THE ELECTION OF VILLAGE HEADS IN KOTA BANGUN 2 VILLAGE, KUTAI KARTANEGARA REGENCY

Sukman — 2026-01-11

This thesis examines legal issues related to village head elections, with a case study in Kota Bangun 2 Village, Kutai Kartanegara Regency. The background highlights the importance of village head elections in village democracy, but the lack of attention to the village head election regime is a weakness in itself.

The results of the study show that violations in Pilkades can be caused by poor supervision, such as administrative disputes and election result disputes. The factors causing Pilkades disputes include internal factors (non-neutral committees, problematic voter lists, unhealthy campaign processes, fanaticism among supporters, and lack of social control) and external factors (local government intervention, regulatory weaknesses, political and power interests, and proximity to local authorities).

The mechanism for resolving Pilkades disputes is regulated in Law No. 6 of 2014 concerning Villages, Government Regulation No. 47 of 2015, Minister of Home Affairs Regulation No. 112 of 2014 in conjunction with Minister of Home Affairs Regulation No. 72 of 2020, and Kutai Kartanegara Regency Regulation No. 3 of 2015 in conjunction with Kutai Kartanegara Regency Regulation No. 3 of 2018. However, in practice, the resolution of Pilkades disputes is often not in accordance with the proper mechanisms, as was the case in the Pilkades in Kota Bangun 2 Village.

MASTERY OF PATIENT MEDICAL RECORD ACCESS AS EVIDENCE TOOL MEDICAL DISPUTE CASES IN PERSPECTIVE FAIR AND TRANSPARENT LAW ENFORCEMENT

Lamo Hot Tagam Sormin — 2026-01-11

Medical records are documents containing patient identity data, examinations, treatments, actions, and other services that have been provided to patients that are made using an electronic system intended for organizing medical records. Related to medical records is the confidentiality of health documents that contain the patient's personal health secrets. Medical records are currently one of the five pieces of evidence that determine the resolution of medical disputes. The problem that arises is what is the legal position of patient medical record evidence in proving medical dispute cases in court? and how can legal justice be upheld in relation to restrictions on access to control of patient medical records by hospitals? This research is basically a normative legal research, namely a scientific approach that uses written legal materials as the main source in analyzing legal problems, and enforcing legal norms. The conclusion is that medical records must be made in electronic form or using digital means. That in the implementation of medical services can also be done in two ways, namely through conventional medical service facilities such as in health facilities and medical services carried out digitally, namely telemedicine. Thus, the position of medical records as evidence in medical disputes is very important, especially in realizing transparent justice both at the MDP level and in court. Medical records, both electronic and non-electronic, have an important position as evidence in medical disputes. The presence of transparent medical records is very important in realizing justice, both at the Professional Disciplinary Enforcement Council (MDP) level and in court.

LEGAL PROTECTION OF PAPUAN INDIGENOUS PEOPLES THROUGH THE ROLE OF THE PAPUAN PEOPLE'S ASSEMBLY REGARDING FOREIGN INVESTMENT AFTER THE PAPUA SPECIAL AUTONOMY LAW

Filep Wamafma — 2026-01-11

One of Papua's special autonomy rights is the existence of the Papuan People's Council (MRP) as a cultural representation of the indigenous Papuan population which is given certain powers. The main problem is that the MRP, which is a direct representative of indigenous Papuans, is considered to have weak authority in carrying out the direct aspirations of the Indigenous Papuan people, including matters relating to the entry of foreign investors into their customary land. Therefore, the implications of foreign investment on the enjoyment and ownership of indigenous peoples' rights to land are becoming increasingly neglected. This research was conducted to examine the legal protection of Papua's indigenous communities through the role of the Papuan People's Council towards foreign investment. This type of research is included in normative juridical with a statutory approach. The research results show that the regulation of foreign investment in Indonesia is regulated by Law Number 25 of 2007. This law contains a number of principles which form the background for the formation of norms and rules contained in the articles of this law. The legal protection of Papua's indigenous communities in relation to foreign investment is realized through several provisions, including Article 38 paragraph (2) and Article 43 of Law Number 21 of 2001 concerning Special Autonomy for Papua Province. In this law, it is stipulated that economic businesses that utilize natural resources in Papua must respect the rights of indigenous peoples. Furthermore, the Papuan People's Assembly must pay attention to indigenous communities in carrying out its functions and authority.