Hang Tuah Law Journal
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.
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<![CDATA[The Role of Environmental Administration Law: A Study of Environmental Struggle of the Awyu Tribe ]]>
<![CDATA[Putra, Arsyi Manggali Arya]]>;
<![CDATA[Prawira, Suwiryo]]>;
<![CDATA[Rohman, Rohman]]>;
<![CDATA[Rafiqi, Ilham Dwi]]>
<![CDATA[ Hang Tuah Law Journal VOLUME 9 ISSUE 1, APRIL 2025 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Hang Tuah ]]>
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DOI: 10.30649/htlj.v9i1.258
<![CDATA[One of the most fundamental environmental problems is the deviation in the application of state administrative law. As a result, there are environmental problems experienced by the Awyu Tribe who are affected by the licence of an oil palm plantation company. Especially during the preparation of the Environmental impact assessment form State Administrative Decree did not provide participation to Awyu Tribe. Therefore, this research aims strengthen the role of administrative law in providing legal protection guarantees for the Awyu Tribe affected by oil palm plantation permits and the role of administrative court as downstream protection of the community by government actions. This research uses normative legal research methods with statutory and conceptual approaches and the analysis technique descriptive qualitative. The results showed that administrative law as basic foundation for issuance of state administrative decisions stipulated in Article 87 of Law No. 30/2014 must pay attention to impact of issuance of state administrative decisions, especially human rights. Judges judgments in the Awyu Tribe case tend to be positivistic and not progressive in favour private parties. Judges in deciding environmental cases also apply the values of the General Principles of Good Governance and community participation. In addition, laws and regulations on environmental protection and management are umbrella provisions that have not provided welfare for the Awyu people. The presence of administrative law should be able to provide public protection against environmental cases, because the two laws and regulations have continuity. Judges must be able to apply the value of both rules an effort to protect and prosper the community.]]>
<![CDATA[The Challenges of Integrating Customary Water Rules Under the Formal Water Governance in Ethiopia: Towards Legal Pluralism ]]>
<![CDATA[Degu, Temesgen Abebe]]>
<![CDATA[ Hang Tuah Law Journal VOLUME 9 ISSUE 1, APRIL 2025 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Hang Tuah ]]>
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DOI: 10.30649/htlj.v9i1.274
<![CDATA[Customary water rules are not adequately incorporated into the Ethiopian formal water governance framework despite their vital role in ensuring sustainable and equitable utilization of scarce water resources. Using the traditional doctrinal legal research methodology, this research seeks to examine the extent of recognition given to customary water rules under the Ethiopian formal water governance regime. Drawing on the theory of institutional (in)congruence, the research makes a textual analysis of the Ethiopian formal water governance legal framework using both primary sources (national and international laws related to water governance) and secondary sources (relevant books, journal articles and online sources). The article argues that there is a limited recognition of customary water rules under the Ethiopian formal water governance system which has led to conflicts, inefficiencies, and unsustainable use of water resources. This is due to the value clash between the formal water rules built on the notion of water as a resource for commodification, and customary water rules that see water as sacred and communal part of communities sociocultural and ecological being. As a result of this value clash, customary water rules, however important sustainability tenets they might lend, are not easily amenable into the formal water governance framework without in the first place questioning its basic foundations. It is concluded that strategies such as incorporating ecosystems based approaches, recognizing and integrating traditional knowledge, and promoting participatory decision-making process can assist in bridging the gaps between the commodification and preservation values.]]>
<![CDATA[Melindungi Keraton Surosowan pada Masa Perang dengan Blue Shield Emblem ]]>
<![CDATA[Vitrana, Mokhamad Gisa]]>;
<![CDATA[Oktavianus, Afriman]]>;
<![CDATA[Hanifah, Amiratul Aulia]]>;
<![CDATA[Oktrian, Pryanka Ceza]]>
<![CDATA[ Hang Tuah Law Journal VOLUME 9 ISSUE 1, APRIL 2025 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Hang Tuah ]]>
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DOI: 10.30649/htlj.v9i1.256
<![CDATA[Deliberate destruction of cultural heritage with outstanding universal value during war is an international crime. While efforts to protect cultural heritage in wartime have been coordinated through the 1954 Hague Convention with its Blue Shield Emblem, numerous cultural sites have still been destroyed in the last decade. This issue is compounded by the varying implementation of these prtections among states. Despite Indonesia ratifying the Convention in 1966, it has struggled to properly implement the Blue Shield Emblem for its cultural heritage sites. No country is entirely safe to the risk of war, especially given the increasing conflicts in recent years. This research examines the challenges of applying the Blue Shield Emblem to the Surosowan Palace, a significant cultural heritage site in Serang City, Indonesia. The Surosowan Palace holds historical value as a symbol of the Indonesian national identity, particularly as the Banten Kingdom was a vital trading hub in Southeast Asia from the 14th to the 17th centuries. This study uses a socio-legal method, drawing on data from interviews with key informants, to explore the barriers and gaps in protecting Surosowan Palace. This research highlights Indonesia's need for regulatory adjustments to implement the 1954 Hague Convention and emphasizes the inclusion of Surosowan Palace as a Blue Shield Emblem cultural heritage site.]]>
<![CDATA[Southeast Asia Against Human Trafficking by the Sea: Comparison between Indonesia and The Philippines ]]>
<![CDATA[Santoso, Inggrid Rosemary]]>;
<![CDATA[Silviani, Ninne Zahara]]>;
<![CDATA[Febriyani, Emiliya]]>
<![CDATA[ Hang Tuah Law Journal VOLUME 9 ISSUE 1, APRIL 2025 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Hang Tuah ]]>
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DOI: 10.30649/htlj.v9i1.268
<![CDATA[This study compares efforts to prevent human trafficking (TPPO) via maritime routes between Indonesia and the Philippines. TPPO is a transnational crime involving sexual exploitation, forced labor, and online fraud. This study employs a normative juridical approach, examining the implementation of the United Nations Convention against Transnational Organized Crime (UNTOC) and the ASEAN Plan of Action in both countries. This study is based on a qualitative literature study, utilizing secondary data from both primary and secondary legal sources. The findings indicate that Indonesia has implemented Law No. 21 of 2007 on the Eradication of Human Trafficking, while the Philippines uses the Anti-Trafficking in Persons Act of 2003 and Expanded Anti-Trafficking in Persons Act of 2012. Both nations have strengthened maritime patrols and inter-agency coordination, but the effectiveness of law enforcement still faces challenges, such as limited resources and insufficient training. Another issue is the need for enhanced cross-border cooperation. This study recommends strengthening regional collaboration, raising public awareness, and improving victim protection measures. These findings aim to contribute to better TPPO policies in Southeast Asia, especially in Indonesia and the Philippines.]]>
<![CDATA[Revolution of Piercing the Corporate Veil Doctrine In England: A Common Law Perspective On VTB Capital v. Nutritek ]]>
<![CDATA[Angel, Vanessa]]>;
<![CDATA[Tan, David]]>;
<![CDATA[Afdal, Windi]]>
<![CDATA[ Hang Tuah Law Journal VOLUME 9 ISSUE 1, APRIL 2025 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Hang Tuah ]]>
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DOI: 10.30649/htlj.v9i1.269
<![CDATA[The doctrine of piercing the corporate veil serves as a mechanism of justice and policy aimed at protecting third parties from the actions of a company. This legal concept is applied in common law jurisdictions, including the UK, and is exemplified by the case of VTB Capital PLC v. NutritekInternational Corp. This research aims to analyze the developmental stages of the doctrine of piercing the corporate veil, particularly in the UK and in the context of VTB Capital PLC v. Nutritek International Corp. The methodology employed in this study is normative juridical research. The results indicate that shareholder liability is generally limited to their capital contribution; however, the doctrine of piercing the corporate veil can be applied if a legitimate shareholder uses the company for illegal purposes, particularly in cases where there are indications of fraud. Additionally, the court possesses common law jurisdiction to lift the corporate veil, but this authority is typically exercised only under special circumstances. Justice ought to serve as a guiding principle, though it may sometimes appear obscured by the complexities involved in attempts to penetrate the corporate veil. Such attempts, whether initiated by the plaintiff or the defendant, reveal the challenges of balancing corporate protections with accountability. The application of the Piercing the Corporate Veil (PCV) doctrine can be evaluated from multiple perspectivesboth in terms of its legal basis or more into common way.]]>
<![CDATA[Implications of Separation of Dispute Resolution of Election Results in Indonesia ]]>
<![CDATA[Siboy, Ahmad]]>
<![CDATA[ Hang Tuah Law Journal VOLUME 9 ISSUE 1, APRIL 2025 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Hang Tuah ]]>
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DOI: 10.30649/htlj.v9i1.275
<![CDATA[Presidential, regional, and village head elections are forms of elections that stand on the principle of popular sovereignty. However, in terms of resolving disputes over election results, the pattern of resolution of the three types of elections is different from one another and does not show a pattern of handling that is fair and in harmony with one another. This research aims to explain the differences in the handling patterns of the settlement of disputes over the results of the Presidential Elections, Regional Head Elections, and Pilkades (Vllage Head Elections) and the implications caused. This research used normative juridical research with a conceptual approach, legislation, and case approach. The results showed that the Constitutional Court adjudicated the Presidential Election, the Regional Head Election was adjudicated by a Special Judicial Body, while the Pilkades did not have a judicial process but a settlement process carried out by the Regent, even though the Regent is an executive official or political position. The different patterns of settlement indicate that: (i) there is a disregard for the similar characteristics of disputes over election results and the handling of disputes over Pilkades results as a settlement process that is ruled out considering that there is no judicial institution authorized to adjudicate until the absence of procedural law. (ii) Prioritization. When the election result dispute resolution institution is separated into three different institutions, it certainly also reveals the different treatment of each result dispute resolution and ignores the principle of simple justice.]]>
<![CDATA[Legal Consequences of a Cessie Deed with a Guarantee Object Whose Term Has Expired ]]>
<![CDATA[Rochma, Ainur]]>;
<![CDATA[Navisa, Fitria Dewi]]>;
<![CDATA[Sunardi, Sunardi]]>
<![CDATA[ Hang Tuah Law Journal VOLUME 9 ISSUE 1, APRIL 2025 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Hang Tuah ]]>
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DOI: 10.30649/htlj.v9i1.278
<![CDATA[In the Indonesian legal system, cession is a transfer of rights to receivables or obligations made by a creditor to another party without the consent of the debtor. In practice, cession often involves collateral objects in the form of Mortgage Rights, such as Right to Cultivate Certificates (HGB). However, legal issues arise when the collateral object, namely HGB, has expired. In this case, the recipient of the cession needs to understand the legal consequences that arise in connection with the cession deed involving HGB whose validity period has expired. The purpose of this study is to analyze and explain the legal consequences for the recipient of the cession against the cession deed that includes collateral objects in the form of HGB whose validity period has expired. This study uses a normative legal research method. The results of the study on the legal consequences for the recipient of the cession against the cession deed with the collateral object of the building use rights certificate whose term has expired is that the deed is still considered valid and the new creditor still obtains the right to collect it, but the building use rights cannot be used as collateral by the new creditor and the collateral object cannot be registered with the land office because the term of the building use rights has expired and the legal efforts that can be taken by the recipient of the cession against the cession deed with the collateral object of the Right to Cultivate Certificate Mortgage whose term has expired are to negotiate with the old creditor regarding the cession deed by requesting accountability from the old creditor to renew or extend the term of the building use rights whose term has expired.]]>
<![CDATA[Regulatory Framework for Blue Sukuk: Enhancing Blue Economy by Reinforcing Shariah Investment ]]>
<![CDATA[Mentari, Nikmah]]>;
<![CDATA[Romadoni, Rahayu Mulia]]>
<![CDATA[ Hang Tuah Law Journal VOLUME 9 ISSUE 1, APRIL 2025 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Hang Tuah ]]>
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DOI: 10.30649/htlj.v9i1.280
<![CDATA[The emergence of Blue Sukuk presents a strategic opportunity to mobilize capital for sustainable development in Indonesia's blue economy. This research delves into the regulatory framework necessary to support the implementation of Blue Sukuk, a financial instrument rooted in Islamic finance principles and designed to fund projects promoting oceanic sustainability. Indonesia's rich marine biodiversity and extensive coastline underscore the potential of Blue Sukuk to attract diverse investors and strengthen capital markets. Effective regulatory measures are pivotal in ensuring compliance, transparency, and investor confidence. The method of this research is normative-juridical methods. This research is statute and conceptual approach. This paper examines Indonesia-specific regulatory considerations and proposes strategies to optimize the role of Blue Sukuk in fostering economic resilience and environmental stewardship in the archipelago nation. Meanwhile, the Sukuk is based on sustainability development on Indonesian Financial Services Authority (OJK) Regulation’s Number 18 Year 2023. It is a big opportunity for Shariah investment in Indonesia where Islam is the biggest Islamic religion in this country.]]>
<![CDATA[The Rights of Children from Unregistered Marriages: Between Certainty and the Practice of Protection ]]>
<![CDATA[Pantui, Darwin]]>;
<![CDATA[Kasim, Nur Mohamad]]>;
<![CDATA[Dungga, Weny Almoravid]]>
<![CDATA[ Hang Tuah Law Journal VOLUME 9 ISSUE 1, APRIL 2025 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Hang Tuah ]]>
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DOI: 10.30649/htlj.v9i1.284
<![CDATA[This study aims to analyze efforts to fulfill children's rights a decade after the Constitutional Court Decision No. 46/PUU-VIII/2010, focusing on the practice of protecting the rights of children born from unregistered marriages, reflecting legal certainty. The methodology used in this research is normative research with a legislative approach and case approach, utilizing primary and secondary legal materials as the main sources of analysis. The results show that Constitutional Court Decision No. 46/PUU-VIII/2010 provides a crucial legal foundation in guaranteeing the rights of children born from unregistered marriages, creating clearer recognition and legal status for these children. Furthermore, the decision opened the possibility for children born from unregistered marriages to request a legal determination through the court system under the Supreme Court's jurisdiction. This study also highlights the alignment between the Constitutional Court Decision and the establishment of other judicial bodies, emphasizing the importance of legal certainty for children born from unregistered marriages, ensuring that they can live, grow, and develop with legally recognized rights.]]>
<![CDATA[The Church's Rejection in Cilegon: The Perspective of Freedom of Religion ]]>
<![CDATA[Adzimi, Muhammad Wildan Ramadhan]]>;
<![CDATA[Al-Fatih, Sholahuddin]]>
<![CDATA[ Hang Tuah Law Journal VOLUME 9 ISSUE 1, APRIL 2025 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Hang Tuah ]]>
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DOI: 10.30649/htlj.v9i1.285
<![CDATA[Freedom of religion is a right guaranteed by law, including the right to establish places of worship for the safe and peaceful practice of religion. Given the potential for conflict between religious communities, the government must accommodate these needs fairly and without favouring any particular group. This study aims to analyse the application of freedom of religion in the establishment of houses of worship in Cilegon City based on applicable laws and regulations and to find a fair solution for all parties in order to create a more inclusive and effective policy to ensure the right to worship for all citizens without discrimination and not to create conflict between religious communities. In conducting this research, a normative research method was used, namely by analysing existing and applicable laws and regulations, then reviewing how they are applied in society. In this case, it was found that there are values in the regulations that do not apply in society, namely that there is rejection in the establishment of houses of worship of certain religions by the surrounding community. On the other hand, an in-depth analysis is needed and the aspirations of the rejecting community must be accepted so that justice is created and does not cause conflict between religious communities.]]>
