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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,
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 132 Documents
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.