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.
Articles
132 Documents
<![CDATA[Appraising The Law of Wills in A Contract ]]>
<![CDATA[Emad Mohammad Al Amaren]]>;
<![CDATA[Rachma Indriyani]]>
<![CDATA[ Hang Tuah Law Journal VOLUME 3 ISSUE 1, APRIL 2019 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Hang Tuah ]]>
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DOI: 10.30649/htlj.v3i1.202
<![CDATA[Contracts play a significant role in both economic and commercial transactions, whether internal contract within a national legal system of a State or contract with international nature due to there is more than one legal system would be involved. As a tool that runs international trade and a means of economic exchanges across the border, it can not be denied that many practitioners have high stakes and interest through a contract. The internationality of the contract may impose its subordination to a law other than the law of the judge, and may be subjected to the international substantive rules represented in the most common rules of international law or common principles of international trade rules. Therefore, the definition of the concept of an international contract is a critical issue for the consequences of this limitation. This study reckons the appraisal between domestic and international contract is crucial to do as well as the role of the will in internationalizing the contract.]]>
<![CDATA[End Of the Minister's Legal Status in Palestinian Law ]]>
<![CDATA[Ahmad Mohammed Hamad]]>
<![CDATA[ Hang Tuah Law Journal VOLUME 3 ISSUE 1, APRIL 2019 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Hang Tuah ]]>
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DOI: 10.30649/htlj.v3i1.203
<![CDATA[The Palestinian law laid down a set of legal rules regulating the Minister's legal status and his relationship with the career status. In accordance with the Palestinian law, the Minister's legal status shall be established through several stages, procedures and decisions between the initial and another end which has the legal effect in the establishment of this legal status, as well as end of Minister's legal status shall be in the availability of one of the cases stipulated by the Palestinian law, either to be the resignation of the government as a whole or to withhold confidence, resignation or dismissal of the Minister or the vacancy of the ministerial position. In view of the fact that there are no limited cases of the end of the Minister's legal status within a single Palestinian law, the researcher, through the results and recommendations of this research, will attempt to solve this problem by analyzing and explaining some legal legislations and books. Therefore, the study will address the on Minister's legal status in the Palestinian law, considering that this matter has a legal effect on the future application.]]>
<![CDATA[Implementation of The Cabotage Principle on Good Governance as The World Maritime Axis ]]>
<![CDATA[Sudirman]]>
<![CDATA[ Hang Tuah Law Journal VOLUME 3 ISSUE 1, APRIL 2019 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Hang Tuah ]]>
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DOI: 10.30649/htlj.v3i1.204
<![CDATA[The research problem of this study is implementation of the Cabotage Principle in Indonesia in accordance with Law Number 17 of 2008 concerning Shipping has implications for Indonesia's positive law. The implementation of the Cabotage Principle is an integral part of the Archipelago Insight and is the basis for realizing Good Governance as the World Maritime Axis and will have positive implications if the Cabotage Principle is based on the Good Governance principles as the World Maritime Axis. The ideal implementation of the Cabotage Principle for the interests of Indonesia as the World Maritime Axis is determined by the synergy of three element of the legal system, namely the legal structure (structure of law), legal substance (substance of the law) and legal culture (legal culture). So that the Cabotage Principle as a Grundnorm can function properly, namely as social control, dispute settlement, and a tool of social engineering.]]>
<![CDATA[Corporate Responsibilities on The Action of Human Trafficking Criminals in Indonesia ]]>
<![CDATA[Muh Abdul Qudus]]>;
<![CDATA[Nyoman Serikat Putra Jaya]]>
<![CDATA[ Hang Tuah Law Journal VOLUME 3 ISSUE 2, OCTOBER 2019 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Hang Tuah ]]>
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DOI: 10.30649/htlj.v3i2.205
<![CDATA[Problems related to human rights in Indonesia are criminal acts of human trafficking committed by corporations. Trafficking in persons is a modern form of human slavery and is also one of the worst forms of treatment of violations of human dignity. However, the development has difficulties with law enforcement related to corporations that commit criminal acts of trafficking. The research method used is a normative juridical research method using secondary data to be analyzed qualitatively. The results of this study show that corporations as subjects of criminal law can be equated with humans, because there are rights and obligations given by law and therefore corporate skills are also equated with human skills. Regulations regarding corporate responsibility are regulated in Law Number 21 of 2007 concerning Eradication of Criminal Act of Human Trafficking, corporations can be held liable if they commit criminal acts of trafficking by fulfilling the requirements of criminal liability in general such as the ability to be responsible, mistakes and intentions, absence of matters that are used as reasons for criminal offenses.]]>
<![CDATA[Protection Of Customers for Management of Digital Banking Services (Study at PT. BRI Unit Boyolali) ]]>
<![CDATA[Herdian Ayu Andreana Beru Tarigan]]>;
<![CDATA[Darminto Hartono Paulus]]>
<![CDATA[ Hang Tuah Law Journal VOLUME 3 ISSUE 2, OCTOBER 2019 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Hang Tuah ]]>
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DOI: 10.30649/htlj.v3i2.206
<![CDATA[Increasing competition in the Indonesian banking industry has encouraged many banks to improve the quality of services to customers by utilizing information technology developments. Service innovation in the use of information technology encourages banks to enter the era of digital banking services. However, the development of digital banking services also increases the risks faced by banks. The purpose of this study is to provide an overview of the implementation of digital banking services and customer protection for risks from digital banking services. The method used in this study is an empirical legal research method. The results of this study indicate that the implementation of digital banking services is regulated by OJK Regulation No.12/POJK.03/2018. The existence of this OJK Regulation is expected by banks as providers of digital banking services to always prioritize risk management in the use of information technology. In addition, this study also shows the existence of 2 types of customer protection for the use of digital banking services, namely preventive protection in the form of legislation related to customer protection in the financial services sector and repressive protection in the form of bank accountability for complaints from customers using digital banking services.]]>
<![CDATA[The Legal Consequences of a Married Couple as Being the Sole Founders in The Partnership ]]>
<![CDATA[James Ridwan Efferin]]>
<![CDATA[ Hang Tuah Law Journal VOLUME 3 ISSUE 2, OCTOBER 2019 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Hang Tuah ]]>
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DOI: 10.30649/htlj.v3i2.207
<![CDATA[A Partnership Firm (“Firma”) and a Limited Partnership/Commanditaire Vennootschap (“CV”) in Indonesia are regulated in the First Book of the Commercial Code of Indonesia, chapter the Third (Regarding the various Companies), in the First and Second section. Both partnerships are considered to be the special form of the civil partnership/Maatschap, which is regulated in the Civil Code of Indonesia (Article 1618 – 1652). According to Rudhi Prasetya, “In practice, it is not uncommon for us to see a Firma or CV that has only 2 partners, of which they are husband [and] wife”. Therefore the main issue will be the legitimacy of the said partnership if it has only a husband and wife as the founders/partners, especially if the said husband and wife do not make any separate marital property agreement. What will be the legal consequences if the said condition happens, especially the external liability to the third party. The main objective of this writing is to give an argumentation and the legal standing that a married couple can actually establish and be the sole founders/partners in a partnership with all of its consequences, even though they did not make any separate marital property agreement.]]>
<![CDATA[Legal Regulation and Protections for The Parties in The Franchise Business Agreements in Indonesia ]]>
<![CDATA[Hari Sutra Disemadi]]>;
<![CDATA[Paramita Prananingtyas]]>;
<![CDATA[Ratna Kumala Sari]]>
<![CDATA[ Hang Tuah Law Journal VOLUME 3 ISSUE 2, OCTOBER 2019 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Hang Tuah ]]>
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DOI: 10.30649/htlj.v3i2.208
<![CDATA[In Indonesia doing business with the concept of franchising in various fields is currently very popular among the people. Doing business with the concept of franchising is desirable because in addition to being seen in terms of profits and various ease of doing business offered by the franchisor to the franchisee. Franchising is based on an agreement called a franchise agreement, but there are not a few legal problems that arise with the existence of the franchise agreement. Based on this, this research aims to find out the form of arrangement of the franchise agreement and legal protection for the parties in the franchise agreement. The normative juridical method is the method used in this study. This method is intended to analyze the legal materials related to the arrangements in the franchise agreement and legal protection for the parties in Indonesia. This study addresses the franchise business agreements including agreements that are not well-known or innocent and legal protection carried out further regulated in the Republic of Indonesia's Minister of Trade Regulation Number 53/M-DAG/PER/8/2012 regarding Franchising. The legal status of the parties in the franchise agreement in force in Indonesia is independent.]]>
<![CDATA[Legal Protection for Persons with Disabilities Due to Work Accidents After the Job Creation Law ]]>
<![CDATA[Quraisyta, Nabilla Farah]]>;
<![CDATA[Rafiqi, Ilham Dwi]]>
<![CDATA[ Hang Tuah Law Journal VOLUME 7 ISSUE 2, OCTOBER 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Hang Tuah ]]>
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DOI: 10.30649/htlj.v7i2.162
<![CDATA[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.]]>
<![CDATA[Cross-Country Perspective: Imposing Sanctions on Grab Partners with Invalid Identities in Indonesia and Singapore ]]>
<![CDATA[Silviani, Ninne Zahara]]>;
<![CDATA[Nurlaily]]>;
<![CDATA[Vivi]]>
<![CDATA[ Hang Tuah Law Journal VOLUME 7 ISSUE 2, OCTOBER 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Hang Tuah ]]>
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DOI: 10.30649/htlj.v7i2.192
<![CDATA[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.]]>
<![CDATA[State Responsibility for Environmental Damage from Climate Change under the No-Harm Principle ]]>
<![CDATA[Dewanto, Wisnu Aryo]]>;
<![CDATA[Krustiyati, J. M. Atik]]>
<![CDATA[ Hang Tuah Law Journal VOLUME 8 ISSUE 1, APRIL 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Hang Tuah ]]>
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DOI: 10.30649/htlj.v8i1.200
<![CDATA[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.]]>
