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 136 Documents
 9   10   11   12   13 
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.
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.
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.
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.
The Role of Environmental Administration Law: A Study of Environmental Struggle of the Awyu Tribe Putra, Arsyi Manggali Arya; Prawira, Suwiryo; Rohman, Rohman; Rafiqi, Ilham Dwi
Hang Tuah Law Journal VOLUME 9 ISSUE 1, APRIL 2025
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v9i1.258

Abstract

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.
The Challenges of Integrating Customary Water Rules Under the Formal Water Governance in Ethiopia: Towards Legal Pluralism Degu, Temesgen Abebe
Hang Tuah Law Journal VOLUME 9 ISSUE 1, APRIL 2025
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v9i1.274

Abstract

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.

Page 11 of 14 | Total Record : 136

 9   10   11   12   13 

Filter by Year

2017 2026


Reset
Filter By Issues
All Issue VOLUME 10 ISSUE 1, APRIL 2026 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