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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 7 Documents
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Search results for , issue "VOLUME 3 ISSUE 2, OCTOBER 2019" : 7 Documents clear
The Legal Principle of Collateral in Fintech Lending Trisadini Prasastinah Usanti; Anindya Prastiwi Setiawati; Ninis Nugraheni
Hang Tuah Law Journal VOLUME 3 ISSUE 2, OCTOBER 2019
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v3i2.80

Abstract

Simple procedures and quick service on fintech lending gives an ease for fulfilling capital needs. Indeed, it does not require any collateral which may constrain debtors to deal with it. However, although this activity brings convenience, efficiency, quickness, and simplicity in lending services, many possible risks such as debtors’ delayed payment or even default which may burden the creditors are likely to follow as well. Without any collateral as assurance, the risks may become much higher on fintech lending as the creditor becomes a concurrent creditor who only has relatively individual rights whose position is equal to the other creditors, no droit de suite principle, and the claim is individual with general assurance.
Bank’s Legal Actions on Lending Issue Against the Annulment of Debtor’s Marriage Andika Persada Putera
Hang Tuah Law Journal VOLUME 3 ISSUE 2, OCTOBER 2019
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v3i2.90

Abstract

The primary function of Indonesia bank as the collector and distributor of people fund in the form of saving and credit account makes them become a financial agent that bridges surplus unit with deficit unit. Generally, credit is classified into two kinds; commercial and consumer credit. It will be affected due to abrogation of debtor settlement. Although the agreement of credit is not immediately nulled, it needs such a legal action as the solution. Three alternative legal action that bank may consider are: asking for credit settlement at one time, making novation, or letting it out as long as the credit installments are regularly paid. Therefore, this study is a juridical-normative research using both statute and conceptual approaches.
Study on Victimology of Abortion on Pregnant Women who do not Get the Husband’s Approval Sutarno Hardjodirjo; Dewi Setyowati
Hang Tuah Law Journal VOLUME 3 ISSUE 2, OCTOBER 2019
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v3i2.127

Abstract

Observing Article 71 and 72 of Law Number 36 Year 2009 on Health, it can be concluded that every pregnant woman who has fulfilled the legal requirements for the benefit of the pregnant woman to have an abortion can not be intervened by a legitimate partner. Indonesian Government Regulation Number 61 Year 2014 on Reproductive Health, which is an implementing regulation Health Act above, Article 26 Paragraph 1 explained that every woman has the right to undergo a healthy sexual life safely, without coercion and discrimination, without fear, shame, and guilt. One explanation healthy sexual life in verse two is free from physical and mental violence. The problem that arises is when a woman is medically to be aborted for the safety of the woman and meets all requirements of an abortion but did not get the approval of her husband because of certain reasons. Based on the principle of legal certainty, abortion would not be able to do as opposed to legislation by not getting the husband's consent, whereas if the terms of the principles of justice and expediency, a woman has the right to get her human rights, the right to live and determine her own destiny.
Corporate Responsibilities on The Action of Human Trafficking Criminals in Indonesia Muh Abdul Qudus; Nyoman Serikat Putra Jaya
Hang Tuah Law Journal VOLUME 3 ISSUE 2, OCTOBER 2019
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v3i2.205

Abstract

Problems related to human rights in Indonesia are criminal acts of human trafficking committed by corporations. Trafficking in persons is a modern form of human slavery and is also one of the worst forms of treatment of violations of human dignity. However, the development has difficulties with law enforcement related to corporations that commit criminal acts of trafficking. The research method used is a normative juridical research method using secondary data to be analyzed qualitatively. The results of this study show that corporations as subjects of criminal law can be equated with humans, because there are rights and obligations given by law and therefore corporate skills are also equated with human skills. Regulations regarding corporate responsibility are regulated in Law Number 21 of 2007 concerning Eradication of Criminal Act of Human Trafficking, corporations can be held liable if they commit criminal acts of trafficking by fulfilling the requirements of criminal liability in general such as the ability to be responsible, mistakes and intentions, absence of matters that are used as reasons for criminal offenses.
Protection Of Customers for Management of Digital Banking Services (Study at PT. BRI Unit Boyolali) Herdian Ayu Andreana Beru Tarigan; Darminto Hartono Paulus
Hang Tuah Law Journal VOLUME 3 ISSUE 2, OCTOBER 2019
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v3i2.206

Abstract

Increasing competition in the Indonesian banking industry has encouraged many banks to improve the quality of services to customers by utilizing information technology developments. Service innovation in the use of information technology encourages banks to enter the era of digital banking services. However, the development of digital banking services also increases the risks faced by banks. The purpose of this study is to provide an overview of the implementation of digital banking services and customer protection for risks from digital banking services. The method used in this study is an empirical legal research method. The results of this study indicate that the implementation of digital banking services is regulated by OJK Regulation No.12/POJK.03/2018. The existence of this OJK Regulation is expected by banks as providers of digital banking services to always prioritize risk management in the use of information technology. In addition, this study also shows the existence of 2 types of customer protection for the use of digital banking services, namely preventive protection in the form of legislation related to customer protection in the financial services sector and repressive protection in the form of bank accountability for complaints from customers using digital banking services.
The Legal Consequences of a Married Couple as Being the Sole Founders in The Partnership James Ridwan Efferin
Hang Tuah Law Journal VOLUME 3 ISSUE 2, OCTOBER 2019
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v3i2.207

Abstract

A Partnership Firm (“Firma”) and a Limited Partnership/Commanditaire Vennootschap (“CV”) in Indonesia are regulated in the First Book of the Commercial Code of Indonesia, chapter the Third (Regarding the various Companies), in the First and Second section. Both partnerships are considered to be the special form of the civil partnership/Maatschap, which is regulated in the Civil Code of Indonesia (Article 1618 – 1652). According to Rudhi Prasetya, “In practice, it is not uncommon for us to see a Firma or CV that has only 2 partners, of which they are husband [and] wife”. Therefore the main issue will be the legitimacy of the said partnership if it has only a husband and wife as the founders/partners, especially if the said husband and wife do not make any separate marital property agreement. What will be the legal consequences if the said condition happens, especially the external liability to the third party. The main objective of this writing is to give an argumentation and the legal standing that a married couple can actually establish and be the sole founders/partners in a partnership with all of its consequences, even though they did not make any separate marital property agreement.
Legal Regulation and Protections for The Parties in The Franchise Business Agreements in Indonesia Hari Sutra Disemadi; Paramita Prananingtyas; Ratna Kumala Sari
Hang Tuah Law Journal VOLUME 3 ISSUE 2, OCTOBER 2019
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v3i2.208

Abstract

In Indonesia doing business with the concept of franchising in various fields is currently very popular among the people. Doing business with the concept of franchising is desirable because in addition to being seen in terms of profits and various ease of doing business offered by the franchisor to the franchisee. Franchising is based on an agreement called a franchise agreement, but there are not a few legal problems that arise with the existence of the franchise agreement. Based on this, this research aims to find out the form of arrangement of the franchise agreement and legal protection for the parties in the franchise agreement. The normative juridical method is the method used in this study. This method is intended to analyze the legal materials related to the arrangements in the franchise agreement and legal protection for the parties in Indonesia. This study addresses the franchise business agreements including agreements that are not well-known or innocent and legal protection carried out further regulated in the Republic of Indonesia's Minister of Trade Regulation Number 53/M-DAG/PER/8/2012 regarding Franchising. The legal status of the parties in the franchise agreement in force in Indonesia is independent.

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