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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 6 Documents
 1 
Search results for , issue "VOLUME 7 ISSUE 1, APRIL 2023" : 6 Documents clear
The Urgency of Immigration Intelligence in Anticipating Illegal Immigrants Yahya Nuur Zaman; Ghozy Prananda Fakhruddin; Ahmad Rasyid Adenan
Hang Tuah Law Journal VOLUME 7 ISSUE 1, APRIL 2023
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v7i1.120

Abstract

The arrival of illegal immigrants to an area is a threat to state sovereignty. This situation is certainly dangerous, considering that everyone who will enter the territory of a country must know the origin and destination. In dealing with these illegal immigrants, immigration has an important function in preventing and controlling illegal immigrants. This research will examine the position and role of immigration intelligence in overcoming the problem of illegal immigrants in Indonesia. The research method used in this study is normative juridical with a statutory, case, and conceptual approach. The results of the study found that immigration intelligence has an important role in maintaining national stability and overcoming national threats from the problem of illegal immigrants. Immigration Intelligence can act as a deterrent and controller for illegal immigrants. Currently, immigration intelligence has various programs in dealing with the problem of illegal immigrants, such as establishing a foreigner reporting system (APOA), forming an intelligence community consisting of law enforcement officials and government institutions, and cooperation with Interpol.
Pembentukan Pengadilan Khusus Sengketa Pelayanan Kesehatan Arief Kresna Wira Prasdyantoro; Mohammad Zamroni
Hang Tuah Law Journal VOLUME 7 ISSUE 1, APRIL 2023
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v7i1.129

Abstract

This study analyzed the establishment of Special Court for Health Service Disputes which is based on the occurrence of a legal vacuum and the existence of certain advantages that will be regulated in the Special Court for Health Service Disputes. The non-regulation regarding the Law on Special Courts for Health Service Disputes in Indonesia can be interpreted as a legal vacuum because a judicial institution has not been established that can enforce the law to the fullest and has legal certainty. It can also result in the emergence of injustice in society. Therefore, this study was a juridical - normative research using a legal approach and a conceptual approach. The results of the study found that the establishment of Special Court for Health Service Disputes could be performed within the scope of criminal justice and under the general court as stipulated in Article 27 of Law Number 48 of 2009 Concerning Judicial Powers which has its own characteristics which include philosophical, sociological and juridical foundations. The urgency of the establishment of special court for health service disputes was due to a legal vacuum (rechtsvacuum), the advantages of a special court for health service disputes, the specificity of the malpractice case, ad hoc judge and restitution.
Paradigma Penerapan Putusan Nihil Berdasarkan Asas Kepastian Hukum, Keadilan dan Kemanfaatan Rini Fathonah; Daffa Ladro Kusworo
Hang Tuah Law Journal VOLUME 7 ISSUE 1, APRIL 2023
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v7i1.138

Abstract

The null verdict is a criminal sentence against someone who has received the criminal sentence with the maximum limit but must be retrialed due to certain cases so that the criminal sentence given is nil or the maximum limit has been reached. Zero verdicts are given to criminals who have received the maximum limit in the principal sentence. Criminal terms for a certain time may not exceed 20 years as stated in Article 12 paragraph (4) of the Criminal Code. Life imprisonment is stated in Article 67 of Criminal Code that if the perpetrator of a crime has been sentenced to life imprisonment, then additional punishment may not be given. The legal gap in the zero verdict is its application, which does not provide any punishment, which in this case has the potential to cause misunderstanding, so that its application needs to be straightened out by reviewing several court decisions, and reviewed from the principles of legal certainty, justice and benefit.. The research method used is normative juridical by studying, viewing, and examining several theoretical matters concerning the Criminal Code and conceptual as the new paradigm. The results of the study show that the Judge's Consideration in imposing Zero verdict, when associated with principles of certainty, practicality, and fairness, has reached all three parameters, even though it is more inclined to principle justice because the imposition of criminal sanctions in all decisions solely refers to criminal acts along with criminal threats by applicable regulations without being contrived.
PERMASALAHAN HUKUM BARU DALAM PELAKSANAAN PENGADAAN TANAH UNTUK KEPENTINGAN UMUM (STUDI KASUS KOTA PALU) Dewi Kemala Sari
Hang Tuah Law Journal VOLUME 7 ISSUE 1, APRIL 2023
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v7i1.147

Abstract

The issue of land acquisition for the public interest has always caused polemics. Every land acquisition activity for development always triggers dissatisfaction and helplessness in the people affected by the development project. A new legal problem in implementing land acquisition for the construction of the Lalove Bridge in Palu City is the suspicion of corruption cases in land acquisition activities involving authorized officials and landowners. Based on this description, the problem formulation that becomes the focus of this research is the problem of alleged corruption cases in implementing land acquisition in Palu City. This research uses empirical juridical research methods, namely analysis obtained from experience, observations based on field data and information obtained from direct interviews with various sources and agencies related to this research. The alleged corruption of land acquisition for the construction of Palu's Lalove Bridge implies that new problems in the implementation of land acquisition for development in the public interest are very prone to taking advantage, and there can also be a misappropriation of positions of elements of the relevant agencies.
Initiating the Implementation of Merging Crimes in Corruption Self-help Housing Stimulant Assistance Cecep Ibnu Ahmadi; Dian Ekawati Ismail; Erman Rahim
Hang Tuah Law Journal VOLUME 7 ISSUE 1, APRIL 2023
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v7i1.157

Abstract

Corruption in practice is not only a self-imposed crime but opens up space for other crimes both before and after the occurrence of corruption crimes. There are other criminal acts such as in the case of Self-Help Housing Stimulant Assistance in Pohuwato Gorontalo. However, in the process of law enforcement, only articles in the Corruption Law are used. Therefore, the focus of the problem in this paper is to examine the obstacles in investigating corruption in the Self-Help Housing Stimulant Assistance and how to apply the merger of criminal acts in corruption is implemented. The type of research used is normative research supported by empirical data. The results of this study indicate that the obstacles that affect the investigation of corruption in Self-Help Housing Stimulant Assistance consist of the minimum allocated budget, limited human resources, and facilities and infrastructure that are not following the cases handled. Meanwhile, the application of Article 263 of the Criminal Code in this case,  should have been carried out by the method of merging criminal acts, namely concursus realis, because the perpetrators carried out the initial act of forging signatures regulated in Article 263 of the Criminal Code and then resulted in the birth of corruption crimes charged with Article 2 of the Corruption Law.
KEBIJAKAN MINUMAN OLAHAN BERPEMANIS DALAM MEWUJUDKAN PERLINDUNGAN HAK ASASI MANUSIA TERHADAP KESEHATAN Dina Aulia Insani; Erika Dewi Essary; Munawarah Pasaribu
Hang Tuah Law Journal VOLUME 7 ISSUE 1, APRIL 2023
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v7i1.155

Abstract

Health is a fundamental human right, the highest standard not only curative and rehabilitative but also promotive and preventive. The production and consumption of sweetened beverages in Indonesia is increasing. This coincides with an increase in obesity. Obesity is a disease and is one of the risk factors for the incidence of non-communicable diseases, so prevention is necessary. Prevention and control of obesity through a human rights approach will clarify the obligations of the state and the community to raise awareness of the right to health. The purpose of this study is to analyze the policies on sweetened beverages related to human rights of health. The method of this study is normative legal research methods and an analytical approach using secondary data. The sweetened drinks policy is not only about the rules against manufacturers but pays more attention to the impact on health. Some countries have implemented policies through excise to limit sugar consumption. Prevention and control of obesity through a human rights approach will clarify the obligations of the state and the community to raise awareness of the right to health. Inter-ministerial policies, agencies, and national commissions are needed to issue integrated recommendations and guidelines so that the highest standards of health care can be achieved.

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