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Mohammad Zamroni
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Jl. Arief Rahman Hakim No.150, Keputih, Kec. Sukolilo, Kota SBY, Jawa Timur 60111 Gedung F1 Fakultas Hukum Universitas Hang Tuah
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INDONESIA
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 8 Documents
 1 
Search results for , issue "VOLUME 2 ISSUE 1, APRIL 2018" : 8 Documents clear
The Liability of Unilateral Termination by Government on Goods and Service Procurement Contract Anton Cahyono; Ninis Nugraheni; Mokhamad Khoirul Huda
Hang Tuah Law Journal VOLUME 2 ISSUE 1, APRIL 2018
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v2i1.78

Abstract

The increasing development in Indonesia, particularly the development of public facilities and infrastructures makes many public contracts, commonly called governmental goods and service contract, increase as well. It is a contract which one of the parties involves the government. In Indonesia, goods and service procurement contracts are not always well-conducted as expected. Lawsuits, which one of those is the liability from one party, may reveal in such contracts. Therefore, this study would discuss about an issue of unilateral contract termination on good-and-service procurement contract along with its solution. Referring to legal regulation related to governmental good-and-service procurement contract, President’s Regulation No. 54 Year 2010 on Governmental Goods and service Procurement and had been amended by President’s Regulation No. 4 Year 2015 about the Forth Amandment of President’s Regulation No. 54 Year 2010 about Governmental Goods and service Procurement.
The Moveable Goods as a Collateral Object in Warehouse Receipt System Ninis Nugraheni
Hang Tuah Law Journal VOLUME 2 ISSUE 1, APRIL 2018
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v2i1.79

Abstract

The Law of Warehouse Receipt (Act No. 9/2006 about Warehouse Receipt System) has defined a new collateral object called Warehouse Receipt. Warehouse Receipt is a proof of ownership of a commodity that can be negotiable, exchanged and pledged. This article used Normative Juridical Assessment by assessing and analyzing the primary, secondary and tertiary legal material. It is related to the Law of Banking, generally in collateral, and particularly in Act No. 9/2006 about Warehouse Receipt System. Warehouse Receipt as a negotiable instrument can be classified into moveable goods. Such classification is based on an argument that Warehouse Receipt has an economical value. Thus, it can be used as a collateral object. Warehouse receipt as a pledged moveable good may comply with the terms of execution in pledge.
The Responsibility of Coastal States Against the Ship Crash in International Strait (Malacca Strait) Femmy Asdiana; Chomariyah; Wisnu Aryo Dewanto
Hang Tuah Law Journal VOLUME 2 ISSUE 1, APRIL 2018
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v2i1.115

Abstract

Malacca Strait is globally recognized as a strait for international shipping as mentioned in UNCLOS 1982 and is under the sovereignty of three states; Indonesia, Malaysia, and Singapore. Seeing the position of Malacca Strait that becomes the most crowded lane of international trade and oil, it often raises problems in navigation. In addition, many rocks, corals and strong waves may increase the potential of ship wrecking, sinking, and crashes. In regard to the safety issue of shipping lane in Malacca Strait, it becomes the responsibility of the coastal states and thus, they should organize an integrated safety management among them, particularly in Malacca Strait. They are Indonesia, Malaysia, and Singapore. The safety assurance of shipping in Malacca Strait may increase the global economy as international oil trading and distribution is wellconducted, and finally it may increase the economy of the coastal states in Malacca Strait.
The Publicity Principle in Making the Deed of the Nuptial Agreement by Notary Mohammad Nizar Sabri
Hang Tuah Law Journal VOLUME 2 ISSUE 1, APRIL 2018
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v2i1.174

Abstract

The settlement of this research conclude that; the Resolution of Constitutional Council Number 69/PUU-XIII/2015 with regard to nuptial agreements is contradictory to the purpose of the publicity principle. Ratio legis of The authorization related to the publicity of notaries is also contradictory to the obligations of notaries to maintain the confidentiality of the content of a deed and the professional oath of notaries as regulated in Article 16 paragraph (1) letter f of the Amendment to UUJN, in conjunction with Article 4 paragraph (2) of UUJN. The existence of the Letter from the Director General of the Demography and Civil Registry as well as circular letter of the Directorate General of Islamic community guidance (Ditjen Bimasislam) on the registration of Reporting Nuptial Agreements; such letter does not follow up in relation to the resolutions of the Constitutional Council. However, the endeavour made to interpret the resolutions of the Constitutional Council by the Director General of Demography and Civil Registry is inconsistent with the resolution already mentioned by the Constitutional Council (MK). In its first point it is stated that a nuptial agreement can be made drawn up in a notarized deed, on the other hand, the Constitutional Council, in its resolution, only mentions that a nuptial agreement may be drawn up in writing, which means that it may be executed by the parties only or be drawn up as a notarized deed.
Procedure and Legal Consequence Due to the Conversion of Commanditaire Venotschap to Limited Liability Company Ang Vincent Lawrence Angelo Sendow
Hang Tuah Law Journal VOLUME 2 ISSUE 1, APRIL 2018
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v2i1.176

Abstract

The company takes an important part of the social life of the community. In order to carry out its business activities, the parties granted the freedom to conduct business individually or through a business entity. One form of business entity that is still alive which is oftenly used is through a Commanditaire Vennotschap (CV). As the time goes by, the existence of the CV is deemed no longer able to meet the demands arising from the development. This triggered the desire of the parties to change the form of business from CV into a legal entity. Limited Liability Company or in Indonesia called as “Perseroan Terbatas (PT)” becomes the main choice by the entrepreneurs. The conversion of a CV into a PT is a step that can be taken by the entrepreneurs. The conversion of the CV into a PT is possible to be carried out without having to terminate the CV in advance as the termination of the CV will have impacts on the agreement it has made to be settled on that time, whereas on the other hand the agreements that have been made have not yet expired or done.
The Use of Indonesian Formal Language in the Process of Legislative Drafting in Accordance With Law Number 12 Of 2011 Rati Riana; Muhammad Junaidi
Hang Tuah Law Journal VOLUME 2 ISSUE 1, APRIL 2018
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v2i1.177

Abstract

The character of civil law law that gave birth to the form of written law perceived that the law relies on the text of the written text, so it is possible to misinterpret the interpretation or multiple interpretations of articles or regulations because of wrong in understanding the language. This will impact on law enforcement less than the maximum. The use of standard language is one solution to avoid multiple interpretations in understanding the essence of language in the realm of law. This type of research is qualitative research. The data source is the document of Law Number 12 of 2011 on the Establishment of Legislation. The analysis is conducted on the use of standard Indonesian language in the document to meet its accordance with the rules of the standard language. In addition to the document, the analysis was also conducted on the results of the interview and the questionnaire.
The Law of Judiciary Power Synergizing the Positivism and Historicism Christiani Widowati; Indira Retno Aryatie
Hang Tuah Law Journal VOLUME 2 ISSUE 1, APRIL 2018
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v2i1.179

Abstract

Judiciary Power. Indonesia applies Civil Law System; that considers legislation as the primary legal source. Preferring legislation as a legal source is one characteristic of positivism. The Civil Law System, however, mentions that judges are obligated to see the values in society if the legislation does not set for that. It implicitly refers to societal law, including common Law. Taking the common law as a legal source is the characteristic of historicism as well; mentioning that the soul of a nation (volkgeist) derives from the values living in society. Basically, these two schools are contradictory to one another in their perspective of law. Positivism sees that state-made law is the only applied law. The law of Judiciary Power synergies between these two schools and takes a common low as a legal source for judges to make a decision.
The Legality of Border Shifts Due to Coastal Reclamation Dita Birahayu
Hang Tuah Law Journal VOLUME 2 ISSUE 1, APRIL 2018
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v2i1.180

Abstract

Based on Declaration of Djuanda, it declared that Indonesia maritime was defined as the entity of the Republic of Indonesia (NKRI), and thus, Indonesia is known as an archipelagic country with a very broad maritime territory directly adjacent to 10 neighboring countries. However, it poses a lot of potential maritime boundary conflict. Supported by this current advanced science, both artificial islands and coastal reclamation were being carried out. Singapore is one having a reclamation named Jurong Island, and it is very close to the territory of NKRI. As an independent country, Indonesia is attempting to protect its territory by having a diplomatic negotiation with Singapore in order to decide the legal certainty over their maritime borders, especially in east area. In addition, they need to define the legal status of that reclaimed island. Based on UNCLOS 1982 article 11 and 80, the legal status of the reclaimed island may not threaten the sovereignty of NKRI as its presence does not change the maritime territory of a country, and it has been agreed in the previous agreement.

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