Hang Tuah Law Journal
Hang Tuah Law Journal is a peer-reviewed open-access journal to publish the manuscripts of high-quality research as well as conceptual analysis that studies in any fields of Law, such as Maritime Law, Medical Law, Civil Law, Criminal Law, Constitutional Law, Administrative Law, Business Law, Islamic Law, International Law, Environmental Law and another section related contemporary issues in law.
Articles
132 Documents
<![CDATA[Legal Protection for Refugees Without Identity from Country of Origin ]]>
<![CDATA[nurainun nurainun]]>;
<![CDATA[Raditya Afrisal Hidayat]]>;
<![CDATA[Moh. Syaifur Rijal]]>;
<![CDATA[Dennis Darmawan Jo]]>;
<![CDATA[Petrus Avelino Framayuka Tolang]]>
<![CDATA[ Hang Tuah Law Journal April-September 2020 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Hang Tuah ]]>
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DOI: 10.30649/htlj.v4i1.4
<![CDATA[Currently refugee issues have become a concern for every country. It was marked by the existence of the 1951 Refugee Convention to overcome this problem. However, Indonesia is not a party to that Convention, there is no article mention about refugees’ permits in Immigration Law. To grant their own status are the authority of UNHCR through their representatives who are placed in the Immigration Office. When refugees are crossing the countries without carrying identity cards these refugees are arrested by the State security apparatus. The method used in this study is a normative juridical research method. The results of this study indicate that the permits for refugees is not known in the Immigration Act, it does not mean that Indonesia can expel refugees to their home countries. Where refugees must be protected by all countries.]]>
<![CDATA[The, of, in, the, of, from, the The Position of Murtad's Widow in the Distribution of Inheritance from the Testator (Husband) ]]>
<![CDATA[Qisthina Armalia Hirzi]]>;
<![CDATA[Ani Setiawati]]>;
<![CDATA[Afdol]]>
<![CDATA[ Hang Tuah Law Journal April-September 2020 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Hang Tuah ]]>
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DOI: 10.30649/htlj.v4i1.5
<![CDATA[ The research with the title of "The Position of Murtad’s Widow in the Distribution of Inheritance from the Testator (Husband)", with the problem of an apostate wife, so that it is necessary to question the right of an apostate widow to the inheritance of the testator (husband), related to the obligatory will. Research based on legislation and case studies can obtain a conclusion that obligatory wills are known in Islamic law given to people who are not the heirs because there is no blood relationship with the testator or because he is an heir but for some reason, it is not recognized as an heir of the inheritance. People who have close relations with the testator but are not heirs because there is no blood relationship with the heir, including the adopted child. Widows according to Islamic Law Compilation Book are the heirs, although not because of blood relations, if the widow is an apostate, then she is not as an heir, therefore the widow gets a part of the heir's assets but in the form of a mandatory will.]]>
<![CDATA[of, that, a Legal Review of Medical Emergency that Happened After a Failed Abortion Attempt ]]>
<![CDATA[Elfan Winoto]]>
<![CDATA[ Hang Tuah Law Journal April-September 2020 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Hang Tuah ]]>
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DOI: 10.30649/htlj.v4i1.6
<![CDATA[Abortion is the fifth highest cause of maternal mortality. Legal abortions are called abortus provocatus medicinalis and those that are illegal are called abortus provocatus criminalis. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her. This legal research uses a juridical normative with a conceptual and legislative approach.The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures. The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.]]>
<![CDATA[of, on, of Analysis of Law Enforcement Against Criminal Action on Illegal Fishing (Case Study of Mv Hai Fa) ]]>
<![CDATA[Yusuf Nur Arifin]]>
<![CDATA[ Hang Tuah Law Journal April-September 2020 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Hang Tuah ]]>
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DOI: 10.30649/htlj.v4i1.7
<![CDATA[ The MV Hai Fa case has taken the public's attention for almost the last 5 years after the court ruling was issued by the Ambon Court. MV Hai Fa was declared proven to have captured 15 tons of spike shark (Carcharhinus spp) and hammerhead shark (Sphyrna lewini) which are some of the protected species of marine animals as stated in the Minister of Maritime Affairs and Fisheries Regulation Number 59 of 2014 concerning Prohibition of Fish Expenditures Cowboy sharks (Carcharhinus spp) and hammerhead sharks (Sphyrna lewini) outside the territory of the Republic of Indonesia and violating Article 100 in conjunction with Article 7 paragraph (2) letter m law No. 45 of 2009 concerning amendments to Law No. 31 of 2004. This study uses normative legal research methods with a case, concept, law and comparison approach with the aim of knowing and analyzing the law enforcement process against illegal fishing cases by MV Hai Fa in Indonesian waters as well as analyzing comparative reviews of national law and international law in MV Hai Fa case and the government system owned by Vietnam and Australia. The results of the study concluded that the need for a government institution which is appointed by the President could carry out full coordination and supervision until the judicial process and that the revision of fisheries law which has more severe sanctions was adjusted to international law and the material and immaterial losses caused by the crime.]]>
<![CDATA[of, and, on, the, for, that, is Legal Efforts of Banks and Buyers on Discharging the Collateral Object for Auction that is Still Occupied ]]>
<![CDATA[Marina Ayusta Amindya Putri]]>
<![CDATA[ Hang Tuah Law Journal April-September 2020 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Hang Tuah ]]>
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DOI: 10.30649/htlj.v4i1.8
<![CDATA[Credit is the banking service that would require the colletral agreement of pledge assets to give the creditor a sense of security in case the debtor would not be able to pay the loan based on the agreement. After it is proven that the debtor could not pay the amount agreed on the agreement, then the pledge assets will go for a public auction by the creditor. The provit of the auction then will be used to pay off the amount of money that the debtor owed to the creditor. For instance, the debtor would need to walk away from the pledge assets including their house and other assets in connection to the loan but more often than not, the debtor choose to stay in the buildings they signed as the pledge assets for the amount of money they owe and refuse to walk away from it. Though legally, the buildings that are being written as the pledge assets are essentially forefeitable for the auction to be bought by the buyer for the profit of the creditor. Once they are sold on the auction, they are the property of the buyers instead of the owner who owed the creditor. Thus, this paper questions about the legal steps that can be taken by the creditor and buyers on the emptying of the buildings as the object of collateral based on legal facts, literature, and the law. The paper aims to give a solution on how the object collateral dispute can be solved and the buyers can get what they bough on the public auction.]]>
<![CDATA[and, by Attaining Oil and Gas Sovereignty by Forming Indonesia Incorporate Businesses ]]>
<![CDATA[Yoga Partamayasa]]>;
<![CDATA[Rafiqi Anjasmara]]>
<![CDATA[ Hang Tuah Law Journal April-September 2020 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Hang Tuah ]]>
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DOI: 10.30649/htlj.v4i1.9
<![CDATA[Oil and gas are non-renewable types of natural resources. On the other hand, in the current era human dependence on oil and gas is very high. To meet Indonesia's national needs for natural resources, Article 33 of the Indonesian Constitution has mandated that "the earth, water and natural resources contained therein be controlled by the state for the greatest prosperity of the people." But in its development the distribution of welfare over natural resources, especially oil and gas, has not been able to be well distributed in Indonesia. The "Jakarta Sentris" concept is still the basis for distributing natural resources, especially oil and gas. This makes regions that are rich in natural resources not necessarily have prosperous people and not necessarily high-income areas. Therefore, legal reform is needed in the field of oil and gas management by regions in Indonesia.]]>
<![CDATA[in Local Regulation Patterns Towards Competitive Coastal Tourism in West Coastal Village ]]>
<![CDATA[Yuswanto Yuswanto]]>;
<![CDATA[Marlia Eka Putri]]>;
<![CDATA[Ade Arif Firmansyah]]>
<![CDATA[ Hang Tuah Law Journal April-September 2020 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Hang Tuah ]]>
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DOI: 10.30649/htlj.v4i1.10
<![CDATA[This study aims to create an ideal pattern of local regulation to create competitive coastal tourism in West Coastal Village. By using doctrinal/normative research methods which mainly analyze secondary data consisting of: primary legal materials, secondary legal materials and tertiary legal materials, the regional regulation patterns will be constructed which are ideal for realizing competitive coastal tourism in West Coastal Village. The stages of the research to be carried out are divided into three parts as follows: first, identifying and inventorying the laws and regulations relating to the implementation of tourism; secondly, evaluating and drafting an academic manuscript regarding the implementation of tourism; thirdly compose the ideal regional regulation pattern to realize competitive coastal tourism in the West Coast Regency. The results showed that the ideal local regulation pattern for realizing competitive coastal tourism in West Coastal Village contained the following minimum content material: namely: general provisions; principles and objectives; policies and strategies; establishment of a competitive beach tourism area; development of competitive coastal tourism areas; implementation and control; closing.]]>
<![CDATA[on, to European Union Policy on Artificial Intelligence Related to Cyber Crime ]]>
<![CDATA[Maheswara Perbawa Sukawati]]>
<![CDATA[ Hang Tuah Law Journal April-September 2020 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Hang Tuah ]]>
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DOI: 10.30649/htlj.v4i1.11
<![CDATA[Artificial Intelligence is one of the sector in Revolution Industry 4.0 that become serious topic to discuss in every country in the world including the European Union itself. They believe that Artificial Intelligence can make the good benefit for the society, however the using of Artificial Intelligence usually make a negative impact for the society therefore the European Union made some Policy about the Artificial Intelligence to support about the Revolution Industry 4.0. The Policy about Artificial Intelligence have the purpose to regulate about using Artificial Intelligence in European Union basically for the members, everything about Artificial Intelligence have the relation with the Technology that have been develop nevertheless everything about technology, internet, computer, and data have already regulated in Convention on Cyber Crime Budapest 2001 therefore everything about Artificial Intelligence including the Policy of Artificial Intelligence in European Union have to related with the Convention on Cyber Crime.]]>
<![CDATA[of, the, on Implementation of the International Convention Rules Concerning International Civil Aviation on Aircraft Hijacking (Ethiopian Airlines Boeing Case Study 767-300) ]]>
<![CDATA[Appludnopsanji Appludnopsanji]]>;
<![CDATA[Joko Setiyono]]>
<![CDATA[ Hang Tuah Law Journal VOLUME 4 ISSUE 2, OCTOBER 2020 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Hang Tuah ]]>
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DOI: 10.30649/htlj.v4i2.12
<![CDATA[The hijacking of aircraft is a test in international criminal law. Besides of the fact that international conventions also control state authority, this issue is already present in international conventions, but also allows the State full power to enforce its national laws so that it can impose severe penalties on aircraft hijackers. The questions that form the basis of this legal inquiry are: how is the International Aircraft Hijacking Regulation and how to solve cases of Boeing 767-300 aircraft hijacking by Ethiopian Airlines. The empirical approach used in the drafting of this law is the standard legal approach. The analysis parameters used for this study are descriptive-analytical. The details for this analysis are International Convention Materials and Resources for the Library. The findings of the analysis concluded that the 1963 Tokyo Convention, the Hague Convention, the Montreal Convention, and the 1970 Hague Convention were concerned with the hijacking of aircraft. In the end, the suspects were prosecuted based on Ethiopian state authority as an aircraft registrar.]]>
<![CDATA[of, and, in, the, as, a, for, th Application of Parallel Importation and Voluntary License in the Covid-19 Vaccines Patent as a Strategy for Handling the Health Emergency Situations in Indonesia ]]>
<![CDATA[Kukuh Tejomurti]]>;
<![CDATA[Pujiyono Pujiyono]]>;
<![CDATA[Pranoto Pranoto]]>;
<![CDATA[Umi Khaerah Pati]]>
<![CDATA[ Hang Tuah Law Journal VOLUME 4 ISSUE 2, OCTOBER 2020 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Hang Tuah ]]>
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DOI: 10.30649/htlj.v4i2.13
<![CDATA[This article examines how the application of Parallel Importation and Voluntary License in the Application of the Covid-19 Vaccine Patent as a Strategy for Handling Health Emergency Situations in Indonesia. The problem of the Covid-19 vaccine happens in many countries around the world, including Indonesia whos trying to find a vaccine that can neutralize the Covid-19 Virus. As a consequence of the tremendous demand for vaccines, the world pharmaceutical industry is encouraged to provide Covid-19 vaccines for the needs of 7.8 billion. This article uses normative legal research with a statute, conceptual, and comparative law approach. The results showed that mechanisms such as parallel importation and voluntary licenses could be reached to procure the Covid-19 vaccine. If parallel importation and voluntary licenses are not successful, then the Government shall take a win-lose approach, such as Compulsory Licensing and Use of Patents by the Government, or initiate an anti-monopoly lawsuit.]]>
