cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Mohammad Zamroni
Contact Email
zamroni@hangtuah.ac.id
Phone
+6285339332339
Journal Mail Official
lawjournal@hangtuah.ac.id
Editorial Address
Jl. Arief Rahman Hakim No.150, Keputih, Kec. Sukolilo, Kota SBY, Jawa Timur 60111 Gedung F1 Fakultas Hukum Universitas Hang Tuah
Location
Kota surabaya,
Jawa timur
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 7 Documents
 1 
Search results for , issue "VOLUME 8 ISSUE 2, OCTOBER 2024" : 7 Documents clear
The Presence of Sultan's Grant in Land Determination in Indonesia: a Case Study in Morowali Weri, Asmadi; Kemala Sari, Dewi; Hiola, Adiguna Kharismawan
Hang Tuah Law Journal VOLUME 8 ISSUE 2, OCTOBER 2024
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v8i2.228

Abstract

The study investigates the implementation of the Sultan Bungku grant in Morowali Regency, Indonesia, given its historical significance and potential for land conflicts in the region. This research Purpose of Writing for aims to understand how the Sultan Bungku grant, a traditional land tenure system, has been adapted to contemporary land governance practices in Morowali, especially in light of industrial development. This research method is A normative legal research approach was employed, combined with interviews with relevant stakeholders in Morowali Regency. The study found that while the Sultan Bungku grant has historical significance, its implementation has been influenced by the introduction of modern land tenure systems, such as those established by the National Land Agency (BPN). This has led to a complex interplay between traditional and modern land governance practices. Despite the potential for land conflicts, the presence of the BPN and local government has contributed to a relatively stable investment environment in Morowali. This research provides valuable insights into the evolution of land tenure systems in Indonesia, particularly in regions with historical ties to traditional land governance. It highlights the challenges and opportunities associated with balancing traditional practices with modern land administration.
Untangling Paradox: A Humanitarian Perspective on Nuclear Weapons Trade in Non-Proliferation Ambition Ferdianty, Shavina Putri; Azaria, Davilla Prawidya
Hang Tuah Law Journal VOLUME 8 ISSUE 2, OCTOBER 2024
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v8i2.232

Abstract

The emerging issue of the legality of nuclear weapons trade by the state remains unclear as the use of nuclear weapons itself. Nuclear weapons are perceived either as a threat to human lives or a potential guarding system for a state. Contrary for the latter, states have the enormous ambition to establish non-proliferation of nuclear weapons to justify its use. Trade practice is prone to be bent as a tool to develop nuclear weapons programs. This research is a normative legal research that uses statutory and conceptual approaches. By examining both legal instruments and fundamental principles of humanitarian law are able to elucidate the paradox of non-proliferation and nuclear weapons trade conducted by states. Humanitarian principles are an adequate fundamental basis to examine the legal uncertainty of nuclear weapons use. Jus ad bellum defined that nuclear weapons violate proportionality and precautionary principles. The study argues for a particular legally binding instrument to prohibit nuclear weapons as a subject to international trade regime. Furthermore, the International Atomic Energy Agency as an authorized institution must be strengthened in order to maintain the peaceful use of nuclear energy as well as programs developed by states.
Intellectual Property Rights Perspective: The Effort in Providing of the World Public Health Rights Due to Covid-19 Maydrawati, Tri Rusti
Hang Tuah Law Journal VOLUME 8 ISSUE 2, OCTOBER 2024
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v8i2.245

Abstract

The existence of Covid-19 has made many countries strive to save their citizens. The competition between developed and developing countries for vaccine and drug supplies has created its own tension.  Vaccine supplies for developed countries have exceeded the needs of their citizens, while for developing countries there are limitations, compared to the number of citizens. This is very contrary to human rights, especially in accessing drugs and vaccines. The purpose of this study is to determine the ideal form of cooperation agreements and arrangements to overcome the limitations of Covid-19 drugs and vaccines for the fulfilment of the right to health from an Intellectual Property Rights perspective. secondly to find out the efforts that can be made by developing countries to save their citizens. The results and discussion are first, the state's obligation to save citizens for the fulfilment of the right to health, based on the principles of justice and expediency. Second, the fulfilment of citizens' health rights based on the TRIPs Agreement, the Doha Declaration, and the Patent Law. Furthermore, the third is the ideal concept in regulating international cooperation in the context of equitable distribution of the covid 19 vaccine by seeking the cooperation of pharmaceutical companies in developed countries with pharmaceutical companies owned by developing countries in overcoming this global pandemic. And this cooperation must be followed by all members who participate in the WTO agreement.
Dualistic View in the Formulation of Criminal Offenses in the National Criminal Code Cahyono, Anton; Vahini Mahiratna, Gusti Ayu Gita Dharma; Mutmainnah, Luluk; Aniqoh, Ihda; Kusuma, Indra Fredika
Hang Tuah Law Journal VOLUME 8 ISSUE 2, OCTOBER 2024
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v8i2.248

Abstract

This article discusses the shift in criminal law perspectives in Indonesia from monist to dualist within the National Criminal Code (KUHP). These reforms were driven by the need for a better criminal legal framework in line with societal developments. The aim of criminal law reform is to achieve legal certainty, justice, and utility. The reasons for reform are influenced by political, sociological, psychological, and practical aspects. Reform efforts include legal discoveries through interpretation, analogy, and legal refinement, covering substantive, structural, and cultural aspects of the law. The National Criminal Code of Indonesia has shifted its perspective from monist to dualist. Monist theory unifies the wrongful nature and culpability as elements of a criminal act, while dualist theory separates them. The National Criminal Code affirms this separation but still formulates the subjective element of negligence in specific criminal acts. This shift in perspective has implications for law enforcement processes in courts. Prosecutors are not required to prove intent, and courts must balance criminal acts and criminal liability. However, there is a need for the development and understanding of these concepts by law enforcement, legal advisors, and judges to maintain a balance between legal certainty and justice. In conclusion, the National Criminal Code adopts a dualist perspective to strengthen the role of criminal law. The separation of criminal acts and criminal liability is expected to enhance the balance between legal certainty and justice in criminal court decisions in Indonesia.
KONSEP PENGATURAN HUKUM TENTANG PERPINDAHAN NARAPIDANA ANTAR NEGARA (TRANSFER SENTENCED PERSON) STUDI KOMPARATIF ANTAR NEGARA Rahmat, Fabitul; Muhibbin, Moh.; Parmono, Budi
Hang Tuah Law Journal VOLUME 8 ISSUE 2, OCTOBER 2024
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v8i2.252

Abstract

In the international context, the transfer of sentence persons is regulated in the general international standards in handling cross-border crime issues as outlined in the 2000 Palermo Convention (United Nations Convention Against Transnational Organized Crime) which Indonesia passed into law through Law Number 5 of 2009 concerning the Ratification of the United Nations Convention Against Transnational Organized Crime, in which member states are allowed to make agreements in handling crime through extradition agreements, mutual legal assistance in criminal matters, and transfer of sentence persons. Legal regulation on the transfer of prisoners between countries (Transfer Sentenced Person (TSP)) is important for Indonesia in order to reform and social rehabilitation for prisoners, so that imprisonment is used to ensure, as far as possible, the reintegration of prisoners in society after release so that they can live a law-abiding and independent life. The need for the state to establish a regulation in the form of a law on the transfer of prisoners between countries (TSP), is intended to create legal certainty, so that cooperation carried out with other countries either as a country requested by Indonesia or vice versa (as a requesting country) has a legal basis that provides restrictions on what is in accordance with the concept of the purpose and politics of punishment law in Indonesia.
Problematics of the Legal Settlement of Connective Crimes in Indonesia Budi Pramono; Pramono, Agung
Hang Tuah Law Journal VOLUME 8 ISSUE 2, OCTOBER 2024
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v8i2.253

Abstract

This research discusses the issue of forming a Joint Decree of the Minister of Defense, Attorney General and Commander of the Indonesian National Army, whether it is in accordance with the provisions of the laws in force in Indonesia. This research falls into the category of normative legal research with a statutory and conceptual approach. The results of the research found that the Minister of Defense, the Attorney General and the Commander-in-Chief have the authority to form a Permanent Team for Investigating Criminal Crimes, but its formation does not involve elements of the Indonesian National Police as investigators of general crimes and certain Civil Servant Investigators as investigators of certain crimes (including Commission investigators). Eradication of Corruption) does not comply with the mechanisms regulated in the Criminal Procedure Code and the Military Justice Law. Conditions like this have the implication of not being able to carry out investigations into general crimes and specific crimes related to connection cases, except for corruption crimes. The issuance of the Joint Ministerial Decree has the implication of creating a statutory law in the process of investigating general crimes in connection cases. In order to fill this statutory law, law enforcers carry out legal smuggling by carrying out a separation process, resulting in the potential for inequality before the law.
Magic Mushroom as a Danger Narcotics: a Case Study in Yogyakarta Nursyah, Yufani Julia Nursyah; Tongat, Tongat; Erdianti, Ratri Novita; Al-Fatih, Sholahuddin
Hang Tuah Law Journal VOLUME 8 ISSUE 2, OCTOBER 2024
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v8i2.257

Abstract

The research aims to train oneself to articulate scientific thoughts in writing so that knowledge, particularly legal knowledge, continues to develop. The research also focuses on the implementation of Law No. 35 of 2009 regarding legal action against the circulation and abuse of narcotics, specifically magic mushrooms, in Yogyakarta City, as well as the obstacles faced by the police's narcotics unit, the Sleman Police Department, the Investigation Division, and the National Narcotics Agency (BNN). This study employs a socio-legal approach and is analyzed using qualitative descriptive techniques. The primary data comes from interviews with the BNN and the police in the Yogyakarta region. Overall, this research emphasizes the importance of enhancing human resources, knowledge, and priorities in law enforcement related to the circulation and abuse of magic mushrooms in Yogyakarta. More effective and comprehensive law enforcement is needed to address this issue thoroughly. The research findings indicate the ambiguity of the legal status of magic mushrooms, the limitations of law enforcement resources, technical challenges in enforcement, a lack of prioritization in action, and the need for broader education and knowledge.

Page 1 of 1 | Total Record : 7

 1 

Filter by Year

2024 2024


Reset
Filter By Issues
All Issue VOLUME 9 ISSUE 2, OCTOBER 2025 VOLUME 9 ISSUE 1, APRIL 2025 VOLUME 8 ISSUE 2, OCTOBER 2024 VOLUME 8 ISSUE 1, APRIL 2024 VOLUME 7 ISSUE 2, OCTOBER 2023 VOLUME 7 ISSUE 1, APRIL 2023 VOLUME 6 ISSUE 2, OCTOBER 2022 VOLUME 6 ISSUE 1, APRIL 2022 VOLUME 5 ISSUE 2, OCTOBER 2021 April-September 2021 VOLUME 4 ISSUE 2, OCTOBER 2020 April-September 2020 VOLUME 3 ISSUE 2, OCTOBER 2019 VOLUME 3 ISSUE 1, APRIL 2019 VOLUME 2 ISSUE 2, OCTOBER 2018 VOLUME 2 ISSUE 1, APRIL 2018 VOLUME 1 ISSUE 2, OKTOBER 2017 VOLUME 1 ISSUE 1, APRIL 2017 More Issue