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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 2, OCTOBER 2023" : 6 Documents clear
Legal Capacity of Regional Organizations in Indonesian Maritime Modernization: A Momentum and Strength Birahayu, Dita
Hang Tuah Law Journal VOLUME 7 ISSUE 2, OCTOBER 2023
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v7i2.101

Abstract

This paper aims to examine the influences of international cooperation between member states of regional organizations in Indonesia's maritime modernization and dispute resolutions of regional international organizations for international violations. This research uses normative juridical research with a statutory approach and a conceptual approach. The results of the discussion show that sea power is the most important element for the progress and glory of a country, which if the sea power is empowered, it will improve the welfare and security of a country. On the other hand, if this sea power is ignored, it will result in losses to a country or even bring down the country. State power can be represented in state membership in international organizations based on the legal capacity of the organization to achieve the objectives of state interests that cover a very broad range of life. Indonesia's active role in international maritime organizations is a momentum and maritime strength in order to support the progress of Indonesia's maritime modernization as stipulated in Presidential Regulation Number 30 of 2019 and dispute resolution between members of the organization based on article 12 Draft Articles on the Responsibility of International Organizations (DARIO).
Revise of the Law Exclusive Economic Zone in Indonesia: An Urgent Necessity Pramono, Agung; Adriano, Adriano
Hang Tuah Law Journal VOLUME 7 ISSUE 2, OCTOBER 2023
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v7i2.139

Abstract

Indonesia is an archipelago with massive oceans. In 1982, the United Nations Convention on the Law of the Sea (UNCLOS) was signed in Jamaica. In 1983 the Indonesian government passed Law Number 5 of 1983 concerning Exclusive Economic Zone, and UNCLOS 1982 was set as one of the fundamental considerations in the Law. However, the issue is what is the legal basis of including the UNCLOS 1982 as one of the basic considerations and how these two laws are related. This research employed a normative method aiming to study one of the fundamental considerations of the making of Law Number 5 of 1983 concerning the Exclusive Economic Zone in Indonesia. The results of the discussion show that the inclusion of UNCLOS 1982 as a basis for consideration in making Law Number 5 of 1983 concerning Indonesia's EEZ is problematic from the legal position of the rules. Law Number 5 of 1983 concerning the EEZ of Indonesia needs to be revised by referring to Law Number 17 of 1985 concerning the Ratification of the Convention of The Law of the Sea. This revision is intended to improve the regulation concerning the implementation of sovereign rights and jurisdiction and related regulatory provisions regarding the EEZ of Indonesia in terms of the interest of security on the sea.
Dualism Regulating Requirements for Filling in the Directors of Regional Owned Enterprises in the Regional Government Law and the Limited Liability Company Law Febriansyah, Wendy
Hang Tuah Law Journal VOLUME 7 ISSUE 2, OCTOBER 2023
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v7i2.172

Abstract

The problem of conflicting norms is a conflict between one regulation and another, such as in regulating the requirements for filling the board of directors of Regional Owned Enterprises. Government Regulation Number 54 of 2017 concerning Regional Owned Enterprises and Regulation of the Minister of Home Affairs Number 37 of 2018 concerning the Appointment and Dismissal of Members of the Supervisory Board or Members of Commissioners and Members of the Board of Directors of Regional Owned Enterprises on the one hand implies the provision of minimum and maximum age requirements for filling Regional Owned Enterprises directors and the selection mechanism through a Selection Committee formed by the Regional Head, while on the other hand Law Number 40 of 2007 concerning Limited Liability Companies determines the absence of age. This study aims to analyze and describe the problems of dualism in the regulation of the terms and mechanisms for filling Regional Owned Enterprises directors and the legal implications of violating the provisions of Law Number 23 of 2014 concerning Regional Government and its various implementing regulations. Based on the type of normative research with a statutory and conceptual approach, this research argues that the terms and mechanisms for filling the Regional-Owned Enterprises directors refer to the regime of the Local Government Law along with all its implementing regulations and the legal consequences of filling the directors who violate the statutory provisions are null and void.
Economic and Legal Issues in Challenges of Energy Sector: A Global and India Perspective Kumar, Akhilesh
Hang Tuah Law Journal VOLUME 7 ISSUE 2, OCTOBER 2023
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v7i2.188

Abstract

Energy occupies a dominant role in the economic development of any country in the world. Energy sources in many countries currently rely heavily on non-renewable energy supplies. Many countries depend on non-renewable energy as a source of energy generation although recently world scientists are no longer involved in looking for ways and means to produce renewable energy. This article is an attempt to examine the legal and economic issues related to the generation, transmission and distribution of energy by comparing other energy policies with India in particular. The research method is normative juridical with statutory, conceptual and comparative approaches. The results of the study show that the global energy sector is a tapestry of diverse challenges, influenced by factors such as energy sources, geopolitical considerations, and economic development levels. India, as one of the world's most populous and rapidly developing nations, faces its unique set of challenges, including the need for energy security, sustainable growth, and environmental stewardship. India ought to begin utilization of feasible energy which neither hampers its monetary development nor impact the climate, and needs to haggle between decreasing its fossil fuel by-product to reanable product. India's journey in this sector is emblematic of the broader global trends, with its unique characteristics adding depth to the narrative. As the world strives for a sustainable energy future, collaborative efforts, innovation, and adaptive legal frameworks will be essential to addressing the myriad challenges that lie ahead.
Legal Protection for Persons with Disabilities Due to Work Accidents After the Job Creation Law Quraisyta, Nabilla Farah; Rafiqi, Ilham Dwi
Hang Tuah Law Journal VOLUME 7 ISSUE 2, OCTOBER 2023
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v7i2.162

Abstract

The legislative controversy over the Job Creation Law and its dynamics reached Law no. 6/2023 produces problematic norms. One of the problematic norms in the Employment cluster is Article 154A paragraph (1) letter m of the Law No. 6/2023 which regulates termination of employment if a worker experiences prolonged illness or disability due to a work accident. This article aims to review the conflict between these norms and other norms as well as legal protection measures for workers with disabilities due to work accidents. The research method used is normative legal research with a statutory and conceptual approach. The research results found that Article 154A paragraph (1) letter m of the Law No. 6/2023 conflicts or is disharmonious internally, horizontally and vertically with other regulations, such as the Employment Law (Law No. 13/2003), the Law on Persons with Disabilities (Law No. 8/2016), to the Indonesia Constitution 1945. The legal protection that can be carried out is first by making existing changes to the norms a quo and more repressive protection will probably be carried out because this regulation has come into effect, such as assistance, advocacy and providing free legal aid to workers with disabilities resulting from work accidents who have had their employment terminated.
Cross-Country Perspective: Imposing Sanctions on Grab Partners with Invalid Identities in Indonesia and Singapore Silviani, Ninne Zahara; Nurlaily; Vivi
Hang Tuah Law Journal VOLUME 7 ISSUE 2, OCTOBER 2023
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v7i2.192

Abstract

Technology continues to advance as time evolves. Conventional transportation methods have long been the preferred choice for individuals heading to specific destinations. However, the emergence of online-based transportation services like Grab has made it easier for people to move around by simply using the GrabAppon their smartphones. While the GrabApphas brought numerous benefits to society it also comes with certain drawbacks, such as instances where drivers do not align their identities with the information provided on the Grab platform. This mismatch can lead to potential inconveniences and safety concerns for consumers, including the possibility of account takeovers. The objective of this research is to understand and analyze the consumer protection regulations concerning legal issues and forms of protection, and to undertake a comparative analysis of the legal frameworks in Indonesia and Singapore regarding online drivers and the penalties imposed when they encounter legal complications. In conducting this research, the author adopted a normative doctrinal research approach, encompassing legislative and comparative legal perspectives. The data gathered during this investigation were subjected to qualitative analysis techniques. The research findings reveal that the legal regulations in Indonesia and Singapore are relatively similar. Both countries have regulations covering traffic and transportation, consumer protection, and sanctions for drivers whose identities do not match the application. The result of the research is to improve the regulation concerning the implementation of sovereign rights and jurisdiction that is related regulatory provisions regarding consumer’s right in Indonesia and Singapore.

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