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Mohammad Zamroni
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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 141 Documents
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Prinsip Free, Prior, and Informed Consent dalam Mencegah Deforestasi di Hutan Adat Nuryasinta, Radhityas Kharisma; Cholidah, Cholidah
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.v9i1.301

Abstract

Free, Prior, and Informed Consent (FPIC) is an International legal standard that guarantees indigenous peoples' right to consent to projects affecting their territories and lives. Indonesia has not explicitly adopted this principle in its national legal system, so the management of customary forest areas. The absence of clear FPIC regulations creates legal loopholes impacting the legitimacy of business licenses and the protection of indigenous peoples' rights, which can lead to human rights violations. This study aims to analyze how FPIC is regulated and implemented in Indonesian national law, as well as assess the legal consequences of noncompliance in the context of customary forest management. Using normative legal research methods and statutory and conceptual approaches, the study concludes that disregarding FPIC not only goes against the spirit of the constitution and international commitments but also contributes to social disintegration and unequal power relations between indigenous peoples and the state. Therefore, the principle of FPIC must be explicitly recognized in national laws and regulations, and participatory, fair, and legally binding implementation mechanisms must be established to realize inclusive and ecologically just development.
Legal Protection Framework and Bankruptcy Risk Management: A Case Study of the Merah Putih Cooperative Marpaung, Leony Ghuusbertha; Parengkuan, Deisiree Maria Rosario; Limbong, Linsepda
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.v9i1.317

Abstract

This study explores the legal protection of members of the Merah Putih Cooperative in Indonesia, focusing on the risks of losses that could lead to bankruptcy. The research problem lies in the inconsistency between the social character of cooperatives and the bankruptcy legal framework. Using a doctrinal legal analysis of Law Number 25 of 1992 on Cooperatives and Law Number 37 of 2004 on Bankruptcy and PKPU, the study identifies a gap in the legal provisions regarding the status of cooperative members in the bankruptcy process. Specifically, cooperative members, who are both owners and service users, lack clear legal standing as creditors, which exposes them to the loss of savings and economic rights. The study also finds that the principles of kinship, justice, and shared responsibility in cooperatives are not adequately integrated with the formalistic and corporatist approach of bankruptcy law. The study concludes that reformulating legal policies is necessary to accommodate the unique characteristics of cooperatives within the bankruptcy legal system. This includes recognizing the legal status of members and developing deposit protection mechanisms, ensuring a more just and responsive legal framework for the people’s economy.
From Informal Settlement to Institutional Mediation: Assessing the Need for Village-Level Dispute Resolution in Malang City Kurniawan, Wahyudi; Sumali, Sumali
Hang Tuah Law Journal VOLUME 10 ISSUE 1, APRIL 2026
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v10i1.293

Abstract

This research examines the necessity of establishing village-based mediation institutions as a strategic approach to resolving civil disputes in Malang City. Utilizing a qualitative-descriptive method, this study incorporates in-depth interviews with urban village heads (lurah) throughout Malang to explore practical challenges and community needs in resolving conflicts. This research aims to formulate the concept of a civil dispute resolution model based on mediation and alternative dispute resolution, the role of the sub-district government, and the presence of the Sub-district Mediation Institution. Findings indicate a significant gap between formal court-based mediation and the socio-cultural dynamics at the grassroots level. Most lurah expressed the urgent need for a formalized, community-embedded mediation body to address everyday civil disputes more effectively and restore social harmony. The study highlights a model of mediation institution tailored to the urban village structure, proposing clear standard operating procedures, legal legitimacy, and training modules for community mediators. The study concludes that forming such institutions could enhance access to justice and reduce court caseloads while fostering a culture of peace and restorative justice at the local level.
Implementasi pemasangan label FoP pada Produk Minuman Berpemanis dalam kemasan oleh supermarket: Perbantiangan antara Indonesia dengan Singapura Naranatha, Atyasa Zefanya; Janisriwati, Sylvia; Putri, Dinda Silviana
Hang Tuah Law Journal VOLUME 10 ISSUE 1, APRIL 2026
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v10i1.303

Abstract

Indonesia ranks third in Southeast Asia in terms of the population consumption of sugar sweetened beverages (SSBs). The increasing consumption of such beverages has also contributed to a rise in the prevalence of non-communicable diseases (NCDs). The World Health Organization (WHO) recommends a daily sugar intake limit of 50 grams, equivalent to four tablespoons, which has been adopted by Indonesia Ministry of Health. Business actors are required to comply with obligations set out in the Consumer Protection Law. However, nutritional labels are often difficult for consumers to understand, creating an urgency to regulate simpler and more accessible labeling formats. One such simplified format is the Front of Pack Nutrition Labeling (FoPNL). Singapore has regulated and implemented FoPNL on packed products through the Nutri Grade labeling system. In Indonesia, one retail supermarket has started to apply FoPNL system Nutri Grade on sugar sweetened beverage products. There have also been efforts to impose taxes on sugar-sweetened beverages as a strategy to reduce consumption. This research employs a normative juridical method, relying on statutory regulations and their derivatives, as well as literature from books, journal and printed media. The findings indicate that the implementation of Nutri Grade labeling by retailer businesses serves as a form of legal protection to customers.
DENDA PBB-P2 DAN KEPATUHAN WAJIB PAJAK: TINJAUAN HUKUM TATA NEGARA DAN RELEVANSINYA BAGI PENDAPATAN DAERAH Muchammad Catur Rizky; Didit Darmawan
Hang Tuah Law Journal VOLUME 10 ISSUE 1, APRIL 2026
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v10i1.330

Abstract

PBB-P2 is a type of tax that can be adjusted or changed based on rates set by the regional government based on the number of local residents (PAD) domiciled in an area. Land and Building Tax (PBB) is one of the most important components in the Indonesian tax system. This research applies normative juridical, which focuses on the analysis of positive legal norms and relevant data from Rural and Urban Land and Building Tax (PBB-P2), as well as its implications for regional tax and revenue needs. The essence of this research is that regional governments are constitutionally authorized to determine PBB-P2 fines as part of their fiscal autonomy based on Law No. 28 of 2009 concerning Regional Taxes and Regional Levies, However, due to the limited delegative authority of local governments in determining and implementing PBB-P2 taxes, there is the potential for deviation from the principle of legality. In addition, the application of fines does not fully reflect the principle of proportionality because the amount of the fine is not always proportional to the level of violation committed by the taxpayer. This can also be seen in the potential for unequal treatment of taxpayers due to differences in the social and economic conditions of the community. These conditions indicate that the application of PBB-P2 fines still tends to be oriented towards increasing regional revenue, so that the function of taxes as an instrument of justice, equality, and legal certainty in a democratic state based on the rule of law has not been fully realized.
Between Statutory Authority and Administrative Discretion: Case Study of the Merah Putih Cooperative Deed Made by a Notary Pratiwi, Premitha Ayu; Siboy, Ahmad; Parmono, Budi
Hang Tuah Law Journal VOLUME 10 ISSUE 1, APRIL 2026
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v10i1.348

Abstract

This study examines the normative conflict between statutory authority and administrative discretion in the establishment of Merah Putih Cooperatives under Indonesia’s 2025 national cooperative revitalization program. While the Law on the Notarial Office grants notaries general authority to prepare authentic deeds, administrative regulations require a specific designation as Cooperative Deed Officials (NPAK), creating legal uncertainty in practice. Unlike previous studies that focused on general cooperatives and the procedural role of NPAK, this research is the first to analyze the legal bottlenecks generated by state-driven digital transformation through the SABH/AHU Online system within the Merah Putih initiative. Using a normative juridical approach, this study evaluates the civil, administrative, and ethical consequences of deeds prepared by non-NPAK notaries. The findings demonstrate that although such deeds remain civilly valid, administrative rejection may prevent cooperatives from obtaining legal entity status, resulting in significant socio-economic losses at the village level. The findings reveal that digital administrative filtering has transformed ministerial discretion into de facto statutory limitation, generating legal uncertainty, delaying village economic programs, and causing measurable financial losses at the local level. This study proposes regulatory harmonization to restore statutory authority while maintaining administrative oversight. The policy implication emphasizes the need to prevent digital governance mechanisms from undermining hierarchical legal certainty in Indonesia’s cooperative development framework. This research offers policy recommendations for harmonizing statutory and administrative norms to ensure legal certainty, professional integrity, and the effective implementation of Indonesia’s cooperative reform agenda.
Limitations on the Use of Artificial Intelligence in Presidential and Vice-Presidential Election Campaigns Azizah, Amatulloh; Wardhana, Allan Fatchan Gani
Hang Tuah Law Journal VOLUME 10 ISSUE 1, APRIL 2026
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v10i1.356

Abstract

With the advancement of digital technology, AI has been increasingly used in political campaign. This study examines the urgency of limiting the use of AI in presidential and vice-presidential election campaigns and analyzes the legal implications of Constitutional Court Decision Number 166/PUU-XXI/2023 on the use of AI in in Presidential and Vice-Presidential Election Campaign. Using a normative legal research method with statutory and case approaches, this study finds that excessive AI-based image manipulation undermines voters’ rights to accurate information and threatens free and fair elections. The decision requires lawmakers to revise election regulations, obliges election participants to avoid excessive AI use, strengthens voters’ access to truthful information, and mandates election management bodies to enhance oversight. This study contributes to election law and digital governance by reinforcing democratic integrity in the digital era.
Indikasi Praktik Penetapan Harga Predatori di Marketplace Online dari Perspektif Hukum Persaingan Usaha Prastika, Danisha Rahmadanty; Wulandari, Sinar Aju
Hang Tuah Law Journal VOLUME 10 ISSUE 1, APRIL 2026
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v10i1.312

Abstract

This research examines the impact of predatory pricing practices on unfair competition in Indonesia, particularly in the context of the rapidly growing ecommerce sector. With the emergence of the “live shopping” feature, sellers can offer products directly to consumers, creating a more dynamic interaction and urgency to make purchases. However, this aggressive pricing strategy has the potential to disrupt market equilibrium, as the prices set often do not reflect actual production costs, thereby threatening the principle of healthy competition that should arise from the natural supply and demand mechanism. This type of research is legal research that addresses existing legal issues by identifying legal problems, legal reasoning, and analyzing existing legal issues, as well as providing solutions to the legal problems faced. The problem-solving approach used in this research is the statute approach and case study. This research also highlights the risks faced by consumers, who may have to pay higher prices after competitors exit the market, and the risk of unhealthy competition and the creation of monopolies or oligopolies that hinder innovation as a result of predatory pricing. Therefore, it is important to evaluate existing regulations and ensure that predatory pricing practices do not harm businesses and consumers in Indonesia.
Projected Impacts of United States Trade Policies Under a Potential Second Trump Administration on Malaysia Reindra, Nanda; Nurviani, Nanny; Armaya, Shendy Devendra; Shahrullah, Rina Shahriyani
Hang Tuah Law Journal VOLUME 10 ISSUE 1, APRIL 2026
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v10i1.326

Abstract

The international trade policies of United States President Donald Trump, particularly the imposition of high import tariffs on Malaysian products, have significantly affected Malaysia’s economy and trade relations. Tariffs of up to 24–25% starting in August 2025 have increased trade tensions and pressured key export sectors, especially maritime and manufacturing industries. This study aims to analyze the impact of these tariff policies on Malaysia’s export performance to the United States. It also examines Malaysia’s response strategies, including diplomacy and negotiations through bilateral and ASEAN forums, to reduce negative effects and maintain economic stability. In addition, the policies have raised risks of inflation and supply chain disruptions due to Malaysia’s reliance on raw materials and export markets. These challenges highlight the need for domestic policy adjustments and stronger regional cooperation. The study also discusses legal implications, including challenges to WTO free trade principles. Overall, the findings emphasize the importance of flexible national policies and regional solidarity to sustain Malaysia’s competitiveness in a changing global trade environment.
Humanizing Contract Law: A Human Rights-Based Reinterpretation of Freedom of Contract in Indonesia Yeni Oktafia
Hang Tuah Law Journal VOLUME 10 ISSUE 1, APRIL 2026
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v10i1.341

Abstract

The principle of freedom of contract constitutes a fundamental doctrine in Indonesian private law, rooted in liberal paradigms and the autonomy of individual will; however, in contemporary contractual practice, this principle frequently encounters structural challenges arising from unequal bargaining power, economic domination, and information asymmetry, rendering the promised freedom largely formal and potentially giving rise to substantive injustice. This article examines how the principle of freedom of contract should be interpreted and applied to align with human rights principles, particularly equality, non-discrimination, and the protection of weaker parties. Employing a normative juridical method with statutory and conceptual approaches, the research analyses the Indonesian Civil Code, sectoral regulations concerning consumer protection, labour relations, and digital transactions, as well as relevant legal doctrines and theories. The findings demonstrate that the classical, individualistic understanding of freedom of contract is no longer adequate to address the complexities of contemporary contractual relations. Accordingly, the principle must be reinterpreted through a human rights perspective by placing human dignity at the core orientation of private law. This reinterpretation is articulated through the strengthening of normative, institutional, and educational dimensions, ensuring that freedom of contract functions not merely as an instrument of legal certainty, but also as a mechanism for human rights protection and the realization of substantive justice within the Indonesian private law system.

Page 14 of 15 | Total Record : 141

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