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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 8 ISSUE 1, APRIL 2024" : 6 Documents clear
State Responsibility for Environmental Damage from Climate Change under the No-Harm Principle Dewanto, Wisnu Aryo; Krustiyati, J. M. Atik
Hang Tuah Law Journal VOLUME 8 ISSUE 1, APRIL 2024
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v8i1.200

Abstract

This research delves into the critical role of states in addressing environmental damage stemming from climate change, underpinned by the fundamental principle of “no harm”. Climate change represents a profound threat to both the global ecosystem and human welfare, necessitating concerted action from all nations. The no harm principle places an obligation on states to undertake effective measures to mitigate greenhouse gas emissions, facilitate adaptation to climate change impacts, and mitigate adverse effects on vulnerable communities. This research uses normative legal research methods with a regulatory and contextual approach. By examining both theoretical frameworks and legal instruments, the study aims to elucidate the responsibilities of states and the mechanisms through which they can fulfill these obligations. A central focus of this research is the examination of how nations collaborate internationally to achieve climate change mitigation and adaptation goals through global agreements. These agreements serve as frameworks for collective action, guiding states in their efforts to combat climate change and minimize its harmful effects. By emphasizing the no harm principle, this study seeks to deepen our understanding of state responsibility for climate change and associated environmental damage. It underscores the imperative for robust collaborative endeavors aimed at safeguarding the global environment and ensuring a sustainable future for all. Through enhanced awareness and collective action, states can fulfill their duty to protect the planet and mitigate the adverse impacts of climate change on present and future generations.
Restitusi Tindak Pidana yang Menimbulkan Kematian dalam Perspektif Keadilan dan Hak Asasi Manusia Puspita, Putu Lia; Rato, Dominikus; Anggono, Bayu Dwi
Hang Tuah Law Journal VOLUME 8 ISSUE 1, APRIL 2024
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v8i1.214

Abstract

Restitution has become a representative of the development of the criminal justice system in Indonesia, with its foundation relying on the eligibility of the rights of crime victims. Such a practice is said to have made the criminal justice system in Indonesia more humane, particularly in terms of human rights. The provision of restitution to victims of criminal acts resulting in death has occurred in Indonesia for the first time. This is based on the presence of severe human rights violations in these criminal acts. This research employs a normative-empirical method, which involves examining the implementation, application, or enforcement of the prevailing laws and regulations in Indonesia in specific legal events within the community. The balance between fulfilling the rights of both the perpetrators and the victims in criminal acts in Indonesia is increasingly pursued over time, one of which is through restitution. Restitution can be one of the efforts made to fulfill victims' rights, including in cases of murder or violence that causes the victim's death. But, it is challenging to determine an appropriate nominal amount for fulfilling restitution for victims. There is a need for a deeper examination and evaluation of the losses suffered by victims of criminal acts who have lost their lives and their right to life. Thus, the provision of restitution as a means of achieving justice for victims will be better fulfilled.
Legal Issues Concerning of Data Security and Privacy in Automated Income Tax Systems in Nigeria Aidonojie, Paul Atagamen; Majekodunmi, Toyin Afolabi; Eregbuonye, Obieshi; Ogbemudia, Isaac Ottah
Hang Tuah Law Journal VOLUME 8 ISSUE 1, APRIL 2024
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v8i1.223

Abstract

The adoption of automated income tax systems in Nigeria has ushered in a new era of efficiency and transparency, offering promising prospects for streamlined tax administration. However, the absence of comprehensive data protection legislation and potential cybersecurity threats pose significant challenges. The legal landscape surrounding data security and privacy in the context of automated tax systems necessitating an in-depth exploration of this study. This study aims to analyze the prospects and legal challenges associated with data security and privacy in the implementation of automated income tax systems in Nigeria. The study employs a multi-faceted methodology, combining a thorough review of existing literature and an analysis of relevant legal frameworks. Additionally, 303 questionnaires were distributed to respondents to ascertain insights concerning the prospect of automated income tax and cybersecurity measures in place concerning data security and privacy. The study found that there are several prospects associated with automated income tax systems, including increased efficiency, transparency, and enhanced revenue collection. However, legal challenges are identified, such as the lack of comprehensive data privacy legislation, cybersecurity threats, and control. The study therefore concludes that, while automated income tax systems offer significant benefits, addressing the legal challenges is paramount for their successful implementation. The study recommends the urgent enactment of comprehensive data protection legislation, the implementation of robust cybersecurity measures, and increased public awareness programs. Additionally, guidelines for international data transfer should be established to ensure the privacy and security of taxpayer information.
Multidoor Approach in Law Enforcement against Environmental Crimes by Corporations Adriano
Hang Tuah Law Journal VOLUME 8 ISSUE 1, APRIL 2024
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v8i1.225

Abstract

In case of natural resource and environmental management by corporations, violations over laws occur quite often, especially in respect of state administrative, criminal, and civil laws. To present, the real implementation of law enforcement for violating corporations is not all-out as it only works limited on the surface of the cases, not on the core of which. In other words, law enforcement is so partial due to its ignorance to any other possibilities of violations over other legal dimensions and how they should be enforced. As a matter of the fact, overlapping happens, which causes failure in achieving the legal goals, i.e., certainty, justice, and utility. This article, thus, is aimed to acquire new thoughts through optimization of the implementation of valid legislation combined with the practice of solid law enforcement by means of multidoor approach. The approach also involves normative-juridical method through statute and conceptual approaches, completed with case study in combined. Further, the research has seen that law enforcement against corporations for their violations over natural resources and environment is of vast urgency. It is because the violations are inevitably interwoven with three legal dimensions at once, i.e., state administrative, criminal, and civil laws. Next, there are no comprehensive regulations that regulate environmental crimes for corporations. Therefore, a multidoor approach is a powerful way of law enforcement that is suitable for applying to corporations.
Rethinking Indonesia’s Geothermal Foreign Direct Investment Policy: Certainty and Economic Analysis of Law Perspective Putri, Dinda Silviana; Arsalan, Haikal; Huang, Nikita Kimberly
Hang Tuah Law Journal VOLUME 8 ISSUE 1, APRIL 2024
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v8i1.227

Abstract

This study aims to anylize Indonesian government policy regarding the 100% ownership over geothermal sector projects by foreign direct investors, based on the certainty and effectivity using economic analysis of law perspective. This study is formulated as legal research, using statutory approach, conceptual approach, and comparative approach, as research method. The results of this Based on these explanations, it can be concluded that in terms of certainty, renewable energy investment policies in Indonesia, which frequently change, ultimately reduce the value of that certainty. This is different from Germany which tends to be more stable because it has a renewable energy policy that does not change too often, for example this can be seen in German policy regarding providing incentives to foreign investors. Furthermore, regarding the effectiveness of the policy of 100% ownership by foreign investors for geothermal development projects, based on EaL and game theory, this policy can be said to be effective. However, improvements are needed so that the policy does not conflict with SoNR principles. This improvement, for example, is by using the BOOT scheme used by the Philippines in relation to the geothermal development sector, not only can it be 100% owned by foreign investors without a certain period of time.
Optimization of The Executorial Power of Peace Deeds Over Land Disputes and Conflicts Mediated by BPN Said, Said; Wachdin, Syarif Zakaria Said; Adytia, Nur Amalina Putri
Hang Tuah Law Journal VOLUME 8 ISSUE 1, APRIL 2024
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v8i1.239

Abstract

The aim of this research is to describe and analyze the settlement related to the peace deed that was agreed upon and signed by the parties in mediation by BPN. This research was carried out using literature study, collect secondary data, the approach used was a conceptual approach. It is hoped that the results of mediation will satisfy the parties and can be carried out well by the parties to the dispute. In this research, it was formulated to find out whether the agreed peace agreement had binding legal force even though it was not registered with the court and whether it still had executorial force. It is known in order to achieve benefits, justice and legal certainty. The legal consequences if the parties or one of the parties do not want to carry out the mediation peace deed, the trial can be continued. If the party breaks and does not implement the contents of the Deed of Agreement, then the party who feels aggrieved must file a lawsuit for breach of promise/default first against the party who does not implement the contents of the existing Deed of Agreement, so they must start the proceedings from the initial level first.

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