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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 "VOLUME 6 ISSUE 1, APRIL 2022" : 6 Documents clear
The Legal Perspective of Blockchain’s Potential Use for Sharia Banking Institutions in Indonesia Uni Tsulasi Putri; Nikmah Mentari
Hang Tuah Law Journal VOLUME 6 ISSUE 1, APRIL 2022
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v6i1.68

Abstract

In nowadays era, sharia banking shall face many challenges. Sharia banking shall be able to create innovation and disruption to avoid being eroded by current development. Blockchain is one of the technology disruptions. It may potentially applicable within sharia finance industry including sharia banking, outside its use related to the sale and purchase of crypto asset. This research discusses on how to use blockchain technologi for the development of sharia banking as well as on what are the opportunity and challenges in applying blockchain for sharia banking in Indonesia. This is a normative legal research with using descriptive-qualitative data analysis method. Data in this research is secondary data which consist of primary legal sources and secondary legal sources. The former are laws and regulations related to blockchain and sharia banking. The latter are books, academic writings, journals and other primary-source-explanatory documents. The results in this research show that sharia finance industry especially banking can utilize blockchain such as by using its smart contract, for the collection of zakat, improvement of waqf utility, effective and efficient halal supply chain. The opportunity of blockchain are there have been OJK and BI regulation concerning blockchain in certain area, support of blockchain development manifested in Sharia Economic Masterplan, demographic bonus in Indonesia, the use of smart contract, the use of blockchain for supporting halal supply chain, zakat collection, waqf utility, as well as the security guarantee in minimalizing fraud risk. Among others, the challenges blockchain shall face are, the policy and regulations of blockchain are still limited to only in some sectors such as payment and equity crowdfunding, there is no fatwa from MUI (Indonesian Ulema Board) regarding the use of blockchain for sharia economic activities, and the complexity of blockchain.
Liberalisation of Banking Services Under the Framework of Asean Economic Community: an Indonesian Perspective Nandang Sutrisno; Nur Gemilang Mahardhika
Hang Tuah Law Journal VOLUME 6 ISSUE 1, APRIL 2022
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v6i1.65

Abstract

Among the ASEAN members, compared to other members, Indonesia is relatively more liberal in opening up international trade in financial services, especially in banking sector. Through its submission of CIO to the WTO in 2005, Indonesia to some degree offered certain liberalization of banking sector, together with some other services governed under the GATS. On the other hand, other members of ASEAN show their carefulness in liberalizing their banking sectors. As consequence, on one hand foreign banks have occupied nearly 50% of the Indonesian banking industry, and there are only a few units from Indonesia’s domestic banks that present in its ASEAN neighbours, on the other hand. Using normative method, this research elaborates on how Indonesia should strike a balanced stand between its over-liberalized banking sector and the reluctance of other members, while maintaining the GATS principle of “progressive development.” The authors concludes that one of the ways for Indonesia to flip the odds to be in its favour is by urging the implementation of the reciprocity principle in banking services in ASEAN, which additionally, will also stimulate the liberalisation schedule of the latter.
Dimensions of Protection Against Deceitful Trade Competition in the Protection of Geographical Indications
Hang Tuah Law Journal VOLUME 6 ISSUE 1, APRIL 2022
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v6i1.69

Abstract

The dimension of Geographical Indications protection is not only intended to provide protection to consumers, but is actually also a protection for business actors who own registered Geographical Indications. Competition in the increasingly fierce business creates dishonest business actors who claim to have products of the same quality as registered Geographical Indications. The existence of geographical indication rights as communal rights contains a stronger defense dimension than individual rights. Together and institutionally, the geographical indication rights holder community can design strategic steps to fight this unfair competition. Local governments play a key role in protecting and handling registered Geographical Indications in their regions
The Conceptual Framework for Disabling Payment in International Trade Under the Jordanian Legal System Emad Mohammad Al Amaren; Sultan Ibrahim Aletein
Hang Tuah Law Journal VOLUME 6 ISSUE 1, APRIL 2022
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v6i1.72

Abstract

The past few years have witnessed a widespread movement of goods between parties in different states by utilizing letters of credit. Letter of credit has continued to play a massive role in expanding international trade since it is considered the most secure and stable banking service through which banks can finance foreign trade operations such as import and export. Although a letter of credit is regarded as a guarantee for the buyer and seller according to the Uniform Custom and Practice (UCP 600). Still, if the parties have to face some circumstances, they can withhold their obligation or even breach the L/C contract. This study aims to identify the reason behind stopping the payment for the beneficiary in the L/C. Through a qualitative and doctrinal legal approach, this study analyses the organization of UCP 600 regarding the compliance standards and the fraud exception. It also examines, via interviews with Jordanian bankers, academicians, and judges, the perceptions of the exception for stopping the payment in L/C transactions. The findings reveal that the Jordanian judiciary does not take avoidance and nullity of the underlying contract, conscionability, recklessness, contractual restrictions, and illegality as exceptions to the independence principle in the letter of credit.
Implementation of the Money Laundering Law as a Predicate Crime during the Covid-19 Outbreak Bernieka Nur Annisa; Cony Dehas Ratna Devi; Sholahuddin Al-Fatih; Mohammad Affan
Hang Tuah Law Journal VOLUME 6 ISSUE 1, APRIL 2022
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v6i1.74

Abstract

Cases of criminal acts of corruption and Money Laundering have such fundamental ties. In this case the act of corruption is a part of the special criminal law in addition to having special specifications or different from the general criminal law or other, such as a deviation of procedural law and when viewed from the material regulated, the act of corruption directly or indirectly there is a the case or further criminal action from the existence of this criminal act of corruption resulting in a loss that affects the country's economy, namely by committing the crime of money laundering as an act of laundering or busting the trace rather than the original criminal activity. In addition, in these two acts there is a form of indictment which is very important in the Money Laundering Act because this is very much a part of the determination by the judge in proving an element of guilt from the offender, therefore, the preparation of an appropriate indictment in the Criminal Act of Laundering The money in which the part can't be ignored. So, in the development of the case, we need to know a lot about the continuity of corruption in the money laundering law, the use of money laundering legislation in its handling of corruption to optimize the efforts to recover state losses, and also the mechanism of imposing criminal penalties in proving the crime of money laundering without first proving the crime predicate as the most important element in imposing sanction.
Perwujudan Nilai Budaya Timur dalam Penghidupan Kembali Pasal Penghinaan Presiden dan Wakil Presiden Deny Noer Wahid; Ilham Dwi Rafiqi
Hang Tuah Law Journal VOLUME 6 ISSUE 1, APRIL 2022
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v6i1.76

Abstract

The draft criminal code (RKUHP) has again received a sandstone in its ratification. This is due to several articles that are judged by some people. One of them is about the re-entry of the Article of contempt for the head of state which again reaped polemics in the community. So that with the re-regulation of the article, it is feared by many circles to be a form of defiance of the constitution and violations of free speech which eventually enter into violations of human rights. With the emergence of the article, there has been a lot of polarization in the community between those who support the existence of the article and the contras to the article. To discuss this, normative legal research methods with a conceptual approach, a statutory approach and a historical approach are used. The results of the study show that the reappointment of the article of contempt for the head of the nation's values is not contradictory because the article falls into the category of rechtdelicten. This contempt clause is present because the President and Vice President are icons of the country that can have an impact on the potential for division of society and also harm to other countries.

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