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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 136 Documents
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Penafsiran Delik Makar dalam dinamika Rezim Pemerintahan di Indonesia Ristanti, Yuni; Ahwan, Ahwan
Hang Tuah Law Journal VOLUME 9 ISSUE 2, OCTOBER 2025
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v9i1.288

Abstract

The purpose of the research is to analyze the development of interpretation against treason/Makar offense on the Penal Code in the law enforcement in Indonesia. This study is a normative legal research which refers to the foundherentism theory and the interpretation of judges theory against enforcement, the supreme court‘s Verdict No. 574 K / Pid /2012, Verdict number 38 / pid.B /2011/PN.Wmn, verdict No. 07/Pid/2015/PT.AMB. The results of the research finds out that Makar offense has various meanings, Penal Code itself does not on strictly define what Makar offense is. It results in vague norms. Therefore, the interpretation against the article 106 of the penal Code relies on the development of the interpretation of the verdict about Makar offense. So far, various verdict interprets or connect Makar offense -as stipulated in article 106 of Penal Code- with subversion, independence, separatism (martial law i.e. terrorism and armed rebellion). Conducting an independence ceremony which is not an Indonesian independence ceremony, sticking a flag other than the Indonesian flag, an oration which increase the sense of nationality other than a sense of nationality towards the Indonesian state, producing a banner to commemorate the anniversary of independence instead of the Indonesian state.
Memperkuat Pajak Karbon: Menerapkan Perjanjian Paris dan Ekonomi Hijau di Indonesia Ananta, Ahmad RIzal Roby; Abidin, Ahmad Dzaki; Jhoncilla, Iqbal Aryawidya
Hang Tuah Law Journal VOLUME 9 ISSUE 2, OCTOBER 2025
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v9i1.282

Abstract

Climate change triggered by greenhouse gas emissions from fossil fuels is increasingly threatening the ecosystem and the global economy. A carbon tax is one of the policy instruments implemented in various countries, including Indonesia, to reduce emissions and encourage the transition to a green economy. Indonesia adopted this policy through Law No. 7 of 2021 on Carbon Taxes, with an initial rate of IDR 30 per kg CO₂e (USD 2 per ton CO₂e), making it one of the lowest in the world. This study aims to evaluate the effectiveness of the carbon tax policy in Indonesia by comparing it with Sweden. This country has implemented a carbon tax since 1991 and has succeeded in reducing emissions by 27%. This study uses a normative approach with comparative law, statutory, and conceptual approaches. Data were collected from primary regulations, scientific journals, and international reports related to carbon taxes. The results show that the implementation of the carbon tax in Indonesia still faces various obstacles, such as low rates, dependence on fossil fuels, and suboptimal carbon trading mechanisms.
Permanent Sovereignty in the Context of Trade Law: Addressing Legal Constraints on Downstream Policy Implementation Gea, Gita Venolita Valentina; Fabio, Matthew; Jaqline, Djayakusli
Hang Tuah Law Journal VOLUME 9 ISSUE 2, OCTOBER 2025
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v9i1.291

Abstract

The Government of Indonesia has expressed a strong commitment to enhancing national welfare through the implementation of downstream policies across various trade sectors, including those involving natural resource commodities. A range of regulatory measures has been introduced, from mandates on domestic processing to the imposition of export bans. Nevertheless, the execution of such downstream policies has raised concerns regarding their compatibility with obligations under international trade agreements to which Indonesia is a party. This paper seeks to analyze the implementation of downstream policies in light of international trade law. Employing a normative juridical approach, the study finds that down streaming in the natural resources sector constitutes a manifestation of the principle of permanent sovereignty over natural resources. A thorough legal examination of this principle suggests that it may qualify as a norm of jus cogens, thereby holding a superior normative status that can prevail over conflicting provisions in international trade agreements.
Protecting National Energy: The Legal Framework on Domestic Gas in Nigeria and Lessons from Indonesia Viko, Iyadah John; Ecoma, Bonnievolo Eson
Hang Tuah Law Journal VOLUME 9 ISSUE 2, OCTOBER 2025
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v9i1.302

Abstract

Nigeria is endowed with vast natural resources and significant gas reserves, and is often called a “province of gas.” In spite of the huge gas reserves available, the country prioritises crude oil over gas, leading to inefficiencies and waste in the gas sector. Although gas flaring and venting are globally recognised as harmful and wasteful practices, they have persisted in the country for over six decades due to various challenges. This unhealthy situation has resulted in unreliable gas supply to the power sector and raised questions about the adequacy and efficacy of the legal and regulatory framework for domestic gas protection and utilisation in the country. With the enactment of the Petroleum Industry Act in 2021, the legal and regulatory landscape has been transformed to provide for an efficient, effective, and commercially viable petroleum industry that enhances gas protection and utilisation. Relying on the doctrinal legal research methodology, the paper sought to analyse extant laws, regulations, and institutions responsible for domestic gas protection and utilisation in Nigeria, with a view to ascertaining their adequacy and efficacy. The analysis provided core insights and revealed that although the current framework is laudable and quite adequate, certain inherent flaws could undermine its objectives and hinder effective gas protection and utilisation. With comparative insights from Indonesia, the paper recommended statutory reforms and effective implementation of laws and regulations. By reforming the legal framework and implementing laws effectively, Nigeria can fully unlock its gas potential and promote a more efficient and sustainable gas sector.
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.
Constitutional Reform as Neoliberal Trojan Horse: The Politics of New Constitutionalism in the Global South Anggoro, Syahriza Alkohir
Hang Tuah Law Journal VOLUME 9 ISSUE 2, OCTOBER 2025
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v9i1.289

Abstract

The increasing trend of constitutional reform in the global South for the last three decades has marked a shift from the state interventionism regime to free market neoliberalism. This article explores the concept of new constitutionalism which has been used in comparative constitutional law studies to understand the adoption of neoliberal legal norms through constitutional reform. It argues that the constitutionalization of neoliberal features cannot be separated from the context of the global imperialism hegemony which has an interest to establish a market-friendly legal framework in global South. Incorporating neoliberal legal norms into the economic constitution at the national level offers an effective way to lock in neoliberal value as a normative order for the state institutions and therefore, that place limitation of state intervention toward market.
Perlindungan Hak Konstitusional dari Privatisasi Kelautan: Pendekatan Sistemik Pemulangan Hak yang Dipengaruhi oleh Pagar Kelautan Alkhair, Rayyan; Muhtada, Dani
Hang Tuah Law Journal VOLUME 9 ISSUE 2, OCTOBER 2025
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v9i1.295

Abstract

The construction of Pantai Indah Kapuk 2 (PIK 2), a waterfront city mega-project in Tangerang, Indonesia, has raised legal, social, and environmental concerns. While designated as a National Strategic Project (PSN) due to its economic benefits, such as job creation and green tourism development, the project has caused significant adverse impacts. Specifically, a 30-kilometer sea fence obstructed access for approximately 4,000 fishermen, resulting in an estimated economic loss of IDR 16 billion since September 2024. This study examines the constitutionality of sea privatization through land certificates (SHM and SHGB) issuance and evaluates government responses to this issue. Using a normative juridical approach, the research analyzes legal frameworks governing coastal resource management, including UNCLOS 1982 and Indonesian laws such as Law No. 27/2007 and Law No. 26/2007. The findings reveal that government actions—sealing the area, dismantling the sea fence with military assistance, and revoking SHM/SHGB—align with regulations but lack systemic coordination. Key issues remain unresolved: criminal prosecution of perpetrators, economic restitution for affected fishermen, and environmental rehabilitation. This article proposes a systemic approach to restoring fishermen's rights through criminal enforcement against illegal actors, financial compensation for economic losses, ecosystem restoration, and strengthening public participation in spatial planning. Drawing lessons Australia's Community Participation Plans (CPP), the study emphasizes inclusive development that balances economic growth with social justice and environmental sustainability.

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