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Hang Tuah Law Journal
Published by Universitas Hang Tuah
ISSN : 25492055     EISSN : 25492071     DOI : https://doi.org/10.30649/htlj
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "April-September 2021" : 6 Documents clear
ELIGIBILITY OF ELECTRONIC SIGNATURE WHEN APPLYING HOME OWNERSHIP CREDIT (KPR) AT THE BANK ACCORDING TO CIVIL LAW Denny Yanuar Setyo Laksono
Hang Tuah Law Journal April-September 2021
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v5i1.21

Abstract

Home Ownership Credit (KPR) is an important thing in making it easier for people to have housing for those who have small and medium economic income. Housing loans are one of the Bank's products that are related to the level of demand for housing, in this case following the interest rates that affect housing demand. Therefore, innovation is needed to make it easier for people to have housing. The Bank's innovation is to use electronic signatures as a more efficient form of transaction. This research is a juridical-normative research using a statutory approach. The legal issue that is used as a problem formulation is divided into two, namely whether the electronic signature at the time of submitting a Home Ownership Credit (KPR) at a bank is valid according to civil law and whether the impact of an application for a Home Ownership Credit (KPR) agreement made using an electronic signature. The results of this research are electronic signatures or electronic transactions on applications for Home Ownership Credit (KPR) are basically related to an engagement or a legal relationship in accordance with Law No. 11 of 2008 concerning electronic information and transactions and the third book of the Civil Code on Engagement. The impact resulting from the change of Signatures in front of Notary Officers to become Electronic Signatures has the same legal force to bind one another in accordance with Law No. 4 of 1996 concerning Mortgage Rights to Land and objects related to Land and Law No. 11 of 2008 concerning Electronic Information and Transactions, the regulation stipulates that Electronic Signatures are Legitimate according to Civil Law.
Constructing the Maritime State of Indonesia in the Framework of Local Autonomy Kamarudin Kamarudin
Hang Tuah Law Journal April-September 2021
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v5i1.23

Abstract

The research aims at examining how sturdy Indonesia’s maritime state is constructed in the framework of local autonomy by analysing maritime state principles in regulations on recently local autonomy realization in Indonesia. The research constitutes a literature review known as normatively legal research in legal studies. Collected legal sources on research topics are qualitatively analysed in three steps, i.e. to firstly systemise, then to explicate, and to finally evaluate the collected legal sources. The results show that a construction of Indonesia maritime state in the framework of local autonomy is enough sturdy. Local autonomy in managing and utilizing the sea of Indonesia as regulated in Act Number 23 of 2014 on Local Governance is basically conducted in provincial territory by the provincial governments. Nevertheless, district and municipal governments still have the authority in managing and utilizing marine sector. The authority to power and control the sea of Indonesia is dominantly on the central government hands, while the authority to manage and utilize the sea is divided to the central government and provincial and district or municipal governments. Therefore, prosperity from the sea can equally be obtained by local communities and all Indonesian people.
KEABSAHAN KUASA JUAL DALAM PENGIKATAN PERJANJIAN JUAL BELI TANAH Bella Bretyaning Danaparamita; Maudy Fadhilah
Hang Tuah Law Journal April-September 2021
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v5i1.26

Abstract

Soil is very important for human life. PPJB and the law of sale as regulated in 1338 of the Civil Code which are free to contract, do not violate the law, power and ethics, and apply to both buyers and sellers (the parties). In fact, it often happens in PPJB and the selling power is carried out several times or in stages. In the registration of PPJB certificates and sales capacity, not all land agencies can accept them. This study focuses on the validity of the selling rights in the songs of land rights and the legal consequences of court decisions. This research adopts a normative legal research method. The reason for choosing this method is because laws and regulations are used as the main material for analysis. The results of the study indicate that the use of power of attorney on PPJB land is legal and does not need laws and regulations, but is still needed to avoid absolutes and local court decisions. If it has a permanent legal effect, it can be made into the basic music of land rights, in the land book and transferred back, and a certificate is issued in the name of the buyer as the last right holder.
Juridical Review of Trade Secret Violations in Franchise Business Activities with Case Study of Decision No.413/Pdt.G/2014/PN.Jkt.Utr Adrian Ali Akhbar Adrian
Hang Tuah Law Journal April-September 2021
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Many companies engaged in various industrial fields carry out business activities using the franchise business method. In running a franchise business, the brand owner or the Franchisor grants the right to the Franchisee, either an individual or a company, to carry out business activities by utilizing intellectual property rights in the form of a brand, name, system, procedure, or trade secret belonging to the Franchise grantor (Franchisor) in limited capacity under the franchise agreement. The purpose of this paper is to analyze the legal protection of trade secrets and dispute resolution against trade secret violations. The writing of this journal uses juridical-normative as a type of legal research using several approaches, i.e., legislation, conceptual and case. The analysis results show that legal protection of trade secrets is obtained as long as the information is kept confidential and has economic value, and there is a license agreement for franchise business activities. On the other hand, related to dispute resolution regarding trade secret violations, it can be resolved based on an agreement between the two parties related to the choice of law and place to resolve occurring disputes
ASAS KONSENSUALISME DALAM INFORMED CONSENT ANTARA DOKTER DENGAN PASIEN Lintang Yudhantaka; Mas Anienda Tien Fitriyah; Rosalia Dika Agustanti
Hang Tuah Law Journal April-September 2021
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v5i1.31

Abstract

The term informed consent or consent for particular medical treatment was familiar in medical world. It brought security for both doctors who did their profession and patients who got information about the illness they were suffering from along with any medical treatment they would have. In fact, there were still many problems issued due to less-well implementation of informed consent. Therefore, this study aimed to analyze the characteristics of informed consent as the legal basis between doctor and patient and verify the establishment of agreement (i.e., consensus) in informed consent. It was a juridical-normative research with conceptual and statute approaches. The result of this study found that informed consent had distinctive characteristics compared with any other common agreements, in particular to its subject, object, and cause. Towards the establishment of consensus, it referred to the doctor’s offering to do any medical treatment and patient’s acceptance to have that treatment.
Urgency of Cryptocurrency Regulation in Indonesia: The Preventive Action for Ransomware Crime Winnie Stevani; Hari Sutra Disemadi
Hang Tuah Law Journal April-September 2021
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v5i1.32

Abstract

Disruption is a double-edged sword since, in addition to facilitating digitization, it also serves as a target for cybercriminals to conduct their schemes. Cryptocurrency is a type of virtual currency that uses cryptography technology to enable digital transactions in cyberspace. Ransomware is one type of crypto crime that has increased in 2020 occurrences. More over, ransomware is a way for cybercriminals to make money by threatening victims with access limitations, data deletion, and data dissemination in exchange for a ransom payment. Furthermore, the government hasn't provided recognition and protection for its inhabitants, the creation of a legal vacuum (rechtsvacuum) in Indonesia surrounding cryptocurrency regulation is seen to be damaging to digital users. In light of these issues, the goal of this research is to assist the Indonesian authorities in comprehending the fundamental issues surrounding crypto crimes such as ransomware. Then, to assess the prospects of cryptocurrency as a virtual currency in Indonesia, the research technique employed is a normative juridical research method with a conceptual approach and law. This paper demonstrates that the crime of ransomware will hinder cyber law enforcement in Indonesia, resulting in a detrimental impact on economic development and vulnerability to cyberattacks that harm national security. As a result, if cryptocurrency stays in a legal void or ‘gray area’, governments must be aware and prioritize preventive actions against ransomware attacks and their consequences. This preventative step could take the form of regulating cryptocurrency in Indonesia as virtual money and block ransomware activity.

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