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Contact Name
Mohammad Zamroni
Contact Email
zamroni@hangtuah.ac.id
Phone
+6285339332339
Journal Mail Official
lawjournal@hangtuah.ac.id
Editorial Address
Jl. Arief Rahman Hakim No.150, Keputih, Kec. Sukolilo, Kota SBY, Jawa Timur 60111 Gedung F1 Fakultas Hukum Universitas Hang Tuah
Location
Kota surabaya,
Jawa timur
INDONESIA
Hang Tuah Law Journal
Published by Universitas Hang Tuah
ISSN : 25492055     EISSN : 25492071     DOI : https://doi.org/10.30649/htlj
Core Subject : Social,
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 8 Documents
Search results for , issue "VOLUME 1 ISSUE 2, OKTOBER 2017" : 8 Documents clear
The Sense of Gender Equality in Papuans’ Philosophy Kristina Sawen
Hang Tuah Law Journal VOLUME 1 ISSUE 2, OKTOBER 2017
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v1i2.91

Abstract

The construct of gender in social life manifests onto its discrimination in every aspect of society. Women have a weak position and thus, become a “weapon” to weaken their own development in this growing emancipation era. Some legal efforts and the theory of feminist have developed to advocate them to grow up and get involved in various aspects of development; at least, it may suppress the level of discrimination toward women. Implementing the theory of feminism, however, should understand and see through some values that exist in society, as in Papuan women‟s life. In the context of kinship, it may tie and harmonize the family bond. Therefore, the theory of feminism can be well implemented and accepted in a society which is full of togetherness, kinship, relatives, and love values.
The Principle of Legal Relationship Between Syari’ah Banks and Customers Saving Their Money Sri Astutik
Hang Tuah Law Journal VOLUME 1 ISSUE 2, OKTOBER 2017
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v1i2.92

Abstract

Saving money in syari‟ah banks may be conducted through aqad Wadiah and aqad Mudharabah, in the form of wadiah giro, wadiah saving, mudharabah saving, mudharabah deposit, and other financial products in line with the syari‟ah of Islam. The legal relationship between syari‟ah banks and customers saving their money is an agreement specifically mentioned in a written contract about saving some money in syari‟ah banking, and it is called Aqad (i.e., contract). In financial collection, therelationship between syari‟ah banks and the customers (depositor) is in the form ofpartnership. The principle underlying that partnership is the principle of trust andamanah.
The Characteristics of Relationship Between Consumers and State-Owned Gas Company in Implementing a Project of Domestic Gas Installation System Ghansham Anand; Dyah Ismi Afifah
Hang Tuah Law Journal VOLUME 1 ISSUE 2, OKTOBER 2017
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v1i2.93

Abstract

A project of one million domestic gas installations across Indonesia has been implemented by PT Perusahaan Gas Negara (PGN) since 2014. However, the right and obligation between the company and consumers who installed the domestic gas is not clearly stated. This may cause a right dispute between them when it comes to an unexpected occurrence. Whereas, their relationship is important as it relates to some aspects of consumer protection and obligation, which may lead into claims when something bad happen. Based on Article 19 of the Act of 1999 No. 8 about Consumer Protection, an enterprise is responsible to give compensations in the form of cash money or other similar goods/services with equal value or medical treatment and/or insurance. In regard to consumer‟s liability, they have to provide evidence. The liability of the enterprise is classified into a liability of guilt by shifting the weight of evidence. It is mentioned in Article 28 UUPK that if an enterprise is unable to prove that it is not guilty or if it is found guilty conducting action against its liability of law, the enterprise has to give compensation to its consumers, who feel disadvantageous. The basis of applying that claim toward the enterprise points to the lack of performance or legal violence.
Legal Formulation of Marriage of Different Religions for the Benefit of Society Dian Septiandani; Dharu Triasih; Dewi Tuti Muryati
Hang Tuah Law Journal VOLUME 1 ISSUE 2, OKTOBER 2017
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v1i2.95

Abstract

Different religious marriages are a problem for society. Indonesia is a country with the majority of the world's largest Muslim population issues concerning marriage is still common. There is a need for proper legal formulation for interfaith marriage as an effort to minimize any adverse impacts arising in different religious marriages.
Corporate Liability on the Crime of Producing, Distributing, and Utilizing Non-Standard Vaccines Achmad Ardiansyah Akbar
Hang Tuah Law Journal VOLUME 1 ISSUE 2, OKTOBER 2017
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v1i2.96

Abstract

Immunization is a mandatory program by government for every child in Indonesia. In 2016, however, the vaccine used for children‟s immunization was found under standardized or unqualified. It was mixed with particular substances which might lead the users into some allergies, minor or severe injuries, trauma, and even danger their lives. Parents certainly fully entrusted their children‟s immunization to the competent. The crime of producing, distributing, and using non-standard vaccines involved many parties both individuals and corporations, ranging from the task of producing, distributing, and up to injecting the vaccines into children. With the enormous profits of the crime, however, only private parties were sued while the corporations were still free from any accusation and thus, it made them have potential chances to redo such crime, violating medical laws, consumer protection laws, Money laundering legislation, and up to brand and geographical indications. This study was a legal research with statute and conceptual approaches. It aimed to investigate the provisions of producing and distributing non-standard vaccines by corporations and to analyze their liability on such crime. The results, conclusions, suggestions, and recommendations for the problem were discussed.
Needed to Regional Cooperation to Combat People Smuggling in Indonesian Waters Chomariyah
Hang Tuah Law Journal VOLUME 1 ISSUE 2, OKTOBER 2017
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v1i2.97

Abstract

People smuggling is a growing global crime that exposes thousands of migrants to unacceptable risks and challenges the integrity of international borders. In the last two decades, globalization and conflicts have seen an increase international migration flows. People smuggling is not a new phenomenon in Indonesia. It has developed steadily over the last 10 years in response to the increased demands of asylum seekers and refugees attempting to reach Australia by boat. Among the convicted people smuggling organizers are a number of rejected asylum seekers who stayed on in Indonesia for years. Some smugglers are former refugees but now hold Australian citizenship, granted to them after regular resettlement. Indonesia recorded nine boat accidents involving 728 asylum seekers in 2012, while in the following year the number rose to 23 involving 615 victims. Operation Sovereign Borders and they turn-back-theboats policy from Australia, from December 2013 to March 2014, there were seven occurrences of boats being turned back to Indonesian waters. The result of research show that first, Indonesian government need regional cooperation to handling treated people smuggling in Indonesian waters. Regional cooperation would be a win-win solution for both countries. And second, the regional cooperation should be in line with prevailing Indonesian legislation.
Correlation Between Tax Policy and Corruption in the Legal Perspective for Country's Economic Growth Gideon J.; Edgar H.; Ivan; Nabil; Aptina; Nadia P.; Dewi R.
Hang Tuah Law Journal VOLUME 1 ISSUE 2, OKTOBER 2017
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v1i2.98

Abstract

People Tax is the main source of state income. The better the tax policy of a country, the better the development of a country. One of the factors that influence the level of public awareness in paying taxes is corruption. Study shows that tax collection is one of them influenced by corruption. In the data of Corruption Perceptions Index 2016 reported by Transparency International, Indonesia is ranked 90 out of 176 countries. Tax evasion is a serious problem for many countries. Every year, the government loses revenue potential as many residents evade taxes in various ways. For this reason, the government implements tax amnesty. Tax amnesty is designed to permanently reduce the amount of underground economy activity, thereby increasing tax revenues in the future and developing countries can grow well.
Same-Sex Marriage for Lesbians, Gays, Bisexuals, and Transgenders Dian ES.; Michael SP.; Bramansya P.; Luigi H.
Hang Tuah Law Journal VOLUME 1 ISSUE 2, OKTOBER 2017
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v1i2.99

Abstract

People This study aimed to investigate a phenomena of lesbian, gay, bisexual, and transgender in Indonesia and analyze the appropriate implementation of legal sentences for both the registry officials of same-sex marriage and the subjects under the Revision of Marriage Law. It used juridical-normative method with statute (problems were analyzed based on the current applied laws) and conceptual approaches (problems were analyzed based on the perspectives of legal experts in many literatures). It brought two results. First, the marriage registry officials carrying on same-sex marriages would be sentenced by 7 years in prison or fine with Category IV Rp 300.000.000 at most. Second, the subjects of same-sex marriage with identity falsification would be sentenced by 12 years in prison or fine with Category V Rp 1.200.000.000.

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