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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 9 Documents
 1 
Search results for , issue "VOLUME 4 ISSUE 2, OCTOBER 2020" : 9 Documents clear
of, the, on Implementation of the International Convention Rules Concerning International Civil Aviation on Aircraft Hijacking (Ethiopian Airlines Boeing Case Study 767-300) Appludnopsanji Appludnopsanji; Joko Setiyono
Hang Tuah Law Journal VOLUME 4 ISSUE 2, OCTOBER 2020
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v4i2.12

Abstract

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.
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 Kukuh Tejomurti; Pujiyono Pujiyono; Pranoto Pranoto; Umi Khaerah Pati
Hang Tuah Law Journal VOLUME 4 ISSUE 2, OCTOBER 2020
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v4i2.13

Abstract

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.
and, of, of, in Legal and Policy Regulations of Screening of Foreign Investment Proposal in Bangladesh Mohammad Belayet Hossain; Asmah Laili Bt Yeon; Ahmad Shamsul Bin Abd. Aziz
Hang Tuah Law Journal VOLUME 4 ISSUE 2, OCTOBER 2020
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v4i2.14

Abstract

The multinational enterprises (MNEs) have a common intention to maximising their capital investment to gain more profit. In doing so, sometimes they behave irresponsibly towards the host countries, even do not hesitate to bypass the laws of the country. In relation to screening of foreign investment proposal, the host country like Bangladesh may have specific laws or policies; but due to desire to attract more FDI and pressure from the MNEs, the government may be reluctant to impose various requirements or refrain from enforcing them. This paper will discuss the negative impact of FDI in Bangladesh due to lack of effective screening of foreign investment provision, and then will highlight the significance of enacting it into the FDI laws. This paper will address one major question: to what extent the existing FDI governing laws are compatible in relation to screening of investment proposal? In this study, six respondents were interviewed for expert opinions. Findings of this study show that existing laws and policies of Bangladesh significantly lacks effective screening of foreign investment provision. In this relation, recommendations have been provided for consideration by the government.
the, to, the, and, of, on, a The Legal Approach to the Sale and Purchase of Goods on Board: a Comparative Legal Study Ade Fisti Pongoliu; Ahmadi Miru; Iin Karita Sakharina
Hang Tuah Law Journal VOLUME 4 ISSUE 2, OCTOBER 2020
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v4i2.15

Abstract

This study aims to analyze and understand the legal protection of parties involved in the sale and purchase of goods on board. This research is normative legal research using statutory, conceptual, and comparative approaches. The results showed that legal protection for parties in the sale and purchase of goods on board included legal protection for PT. Garuda Indonesia, PT. Rodamas and legal protection for passengers. PT. Rodamas provided compensation to PT. Garuda Indonesia after PT. Garuda Indonesia has provided compensation to passengers in case of loss. Also, PT. Garuda Indonesia is personally responsible for any loss caused by the company's fault or negligence. The legal arrangement of sale and purchase in the CISG Convention does not apply to the sale and purchase of personal goods between PT. Garuda Indonesia and passengers, because CISG regulates sale and purchase of goods agreements between different countries' business actors.
the, as, the, in The Prudential Principle as the Basis in Implementing Banking Transaction Andika Persada Putera
Hang Tuah Law Journal VOLUME 4 ISSUE 2, OCTOBER 2020
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v4i2.16

Abstract

Bank as financial institutions functioned as intermediary institutions in implementing transactions, and business activities are required to adhere to the prudential principle because bank business is full of risks, so it needs to be mitigated by implementing the prudential principle. This research is a normative juridical study using a statutory and conceptual approach with primary and secondary legal material sources which are analyzed by using deductive thinking methods. The conclusion is that there are various types of activities in banking, which are categorized into three, it is funding, lending and banking services, which are implemented in the form of transactions between bank and customers as the realization of contract execution. Bank is required to apply the prudential principle in carrying out all banking transactions and activities to protect the bank from business risks and protect public funds deposited in the bank.
for, in Legal Protection for Investors in Crowdfunding Services Through Information Technology Offers (Equity Crowdfunding) Novia Choirunnisa; Nahdlotul Fadilah
Hang Tuah Law Journal VOLUME 4 ISSUE 2, OCTOBER 2020
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v4i2.17

Abstract

The readiness of the community in the era of information technology has opened up opportunities in online businesses such as equity crowdfunding, equity crowdfunding as an alternative capital is increasingly in demand, especially by novice businesses. The Financial Services Authority issues regulations regarding the Equity Crowdfunding transaction model by issuing the Financial Services Authority Regulation Number 37 / POJK.04 / 2018. This provides questions for the regulation of Equity Crowdfunding in Indonesian Capital Market Law. The writer in this study would like to examine and analyze the Equity Crowdfunding activities and legal protection for investors, because legal protection is a form of legal certainty. The research method used is a normative juridical types, the problem approach uses the legislation approach and the conceptual approach. The results show that equity crowd funding is a form of new innovation in funding sources. The service mechanism has many similarities with public offering activities in the capital market, only the implementation is simpler. Equity Crowdfunding legal protection for investors who have been registered in the provisions of Chapter 54 paragraph (2) POJK Number 37 / POJK.04 / 2018, providing the latest information is only placed on the organizer's website or website.
in, of Res Ipsa Loquitur Doctrine in Proofing Process of Environmental Dispute Janeman Jehezkiel Lanawaang
Hang Tuah Law Journal VOLUME 4 ISSUE 2, OCTOBER 2020
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v4i2.18

Abstract

The purpose of this study is to discover the philosophy of accountability in environmental disputes and discover the legal rationality of the validity of the Res Ipsa Loquitur doctrine in resolving environmental disputes in Indonesia. The results of the study show that 1) The philosophy of accountability in environmental disputes is the human right  because of the existence of human beings as conscientious, intelligent, conscious and free beings who use their conscience, reason, awareness and freedom (ontologism) where their fulfillment is based on moral legislation (epistemological) to bring about justice, legal certainty and expediency (axiological) and 2) The rationality of the legality of the doctrine of res ipsa loquitur is in the environmental dispute is first, the difficulty of proving mistakes (intentional or negligence) in environmental disputes; Second, reversing the burden of proof still requires proof of innocence and causality between loss and mistakes; The three absolute responsibilities still require proof from the defendant regarding the loss caused; Fourth, the allegation evidence still requires the support of other evidence, so that a mechanism for resolving environmental disputes in favor of the environment (novio pro natura) is needed without proof of the mistakes, losses and causality of both but sufficient with the fact of environmental damage that is located in the power of the defendant so the allegation that arises is presumption by factuality with a form of responsibility to compensate absolutely (absolutely compentation liability).
in, the, in, of, the, of, and, i Aliens Intervention in the State Conflict in International Law (Study of the Engagement of America, Saudi Arabia, Russia, and Iran in the Arab Spring Conflict) Ridwan Arifin; Mumpuni Tri Utami; Ahmad Zaharuddin Sani Ahmad Sabri
Hang Tuah Law Journal VOLUME 4 ISSUE 2, OCTOBER 2020
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v4i2.19

Abstract

Various conflicts experienced by the state are denied or there are no interventions from other countries both on a large and small scale, either directly or indirectly. Interventions have the meaning of dictatorial interference by a country against other countries’ internal affairs. This has caused controversy because it is contrary to the principle of state sovereignty and the principle of non-intervention in international law. The practice of intervention that is happening now is one of the conversations by the community. The validity of the intervention of other countries is one of them sticking out in the Arab Spring conflict, where Saudi Arabia and Iran make Syria an arena for proxy war where opponents of strength use third parties instead of fighting directly with each other. Saudi Arabia openly supports the opposition in the form of finance, a tool of war. On the other hand, Iran totally supports Bashar al-Assad with financial assistance, weapons of war and sends military forces. This paper analyzes how the position of foreign country intervention in a country's conflict in the study of international law. This paper focuses on the Syrian conflict, the Arab Spring where in the study of international law, intervention is seen as a state effort, and this paper analyzes the legitimacy of the state to carry out such interventions.
and, the, to, of Arbitration and Alternative Dispute Resolution Outside the Court According to Law Number 14 of 2001 On Patent Seno Wibowo Gumbira; Adi Sulistiyono; Soehartono Soehartono
Hang Tuah Law Journal VOLUME 4 ISSUE 2, OCTOBER 2020
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v4i2.20

Abstract

This article examines the services of arbitration institutions and Alternative Dispute Resolution in resolving disputes concerning deficiencies in the dispute resolution process held in courts. Due to the lack of the litigation process, concerns on legal certainty or sense of justice may not be achieved are raised among the disputing parties, thus dispute resolution held outside the court emerges, in particular within the Patent Law prescribes in Article 124, refers to Arbitration and Alternative Dispute Resolution. Arbitration denotes a different nature with ADR due to its adjudicative nature which tends to generate win-lose decisions, while ADR has consensus or cooperative nature which prefers to dispose win-win solution decisions. Other forms of ADR are Consultation, Mini-trial, Summary Jury Trial, settlement with organizations, etc. Arbitration and ADR enable a renewal in the settlement of Patent disputes as expected by the public, the deficiency of ADR prescribes in Article 124 of the Patent Law has explicitly stipulated ADR, however the elucidation mentions that ADR comprises negotiation, mediation, conciliation, and other forms in conformity with the laws and regulations.

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