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 132 Documents
 1   2   3   4   5 
and, of, of, in Legal and Policy Regulations of Screening of Foreign Investment Proposal in Bangladesh Mohammad Belayet Hossain; Asmah Laili Bt Yeon; Ahmad Shamsul Bin Abd. Aziz
Hang Tuah Law Journal VOLUME 4 ISSUE 2, OCTOBER 2020
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v4i2.14

Abstract

The multinational enterprises (MNEs) have a common intention to maximising their capital investment to gain more profit. In doing so, sometimes they behave irresponsibly towards the host countries, even do not hesitate to bypass the laws of the country. In relation to screening of foreign investment proposal, the host country like Bangladesh may have specific laws or policies; but due to desire to attract more FDI and pressure from the MNEs, the government may be reluctant to impose various requirements or refrain from enforcing them. This paper will discuss the negative impact of FDI in Bangladesh due to lack of effective screening of foreign investment provision, and then will highlight the significance of enacting it into the FDI laws. This paper will address one major question: to what extent the existing FDI governing laws are compatible in relation to screening of investment proposal? In this study, six respondents were interviewed for expert opinions. Findings of this study show that existing laws and policies of Bangladesh significantly lacks effective screening of foreign investment provision. In this relation, recommendations have been provided for consideration by the government.
the, to, the, and, of, on, a The Legal Approach to the Sale and Purchase of Goods on Board: a Comparative Legal Study Ade Fisti Pongoliu; Ahmadi Miru; Iin Karita Sakharina
Hang Tuah Law Journal VOLUME 4 ISSUE 2, OCTOBER 2020
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v4i2.15

Abstract

This study aims to analyze and understand the legal protection of parties involved in the sale and purchase of goods on board. This research is normative legal research using statutory, conceptual, and comparative approaches. The results showed that legal protection for parties in the sale and purchase of goods on board included legal protection for PT. Garuda Indonesia, PT. Rodamas and legal protection for passengers. PT. Rodamas provided compensation to PT. Garuda Indonesia after PT. Garuda Indonesia has provided compensation to passengers in case of loss. Also, PT. Garuda Indonesia is personally responsible for any loss caused by the company's fault or negligence. The legal arrangement of sale and purchase in the CISG Convention does not apply to the sale and purchase of personal goods between PT. Garuda Indonesia and passengers, because CISG regulates sale and purchase of goods agreements between different countries' business actors.
the, as, the, in The Prudential Principle as the Basis in Implementing Banking Transaction Andika Persada Putera
Hang Tuah Law Journal VOLUME 4 ISSUE 2, OCTOBER 2020
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v4i2.16

Abstract

Bank as financial institutions functioned as intermediary institutions in implementing transactions, and business activities are required to adhere to the prudential principle because bank business is full of risks, so it needs to be mitigated by implementing the prudential principle. This research is a normative juridical study using a statutory and conceptual approach with primary and secondary legal material sources which are analyzed by using deductive thinking methods. The conclusion is that there are various types of activities in banking, which are categorized into three, it is funding, lending and banking services, which are implemented in the form of transactions between bank and customers as the realization of contract execution. Bank is required to apply the prudential principle in carrying out all banking transactions and activities to protect the bank from business risks and protect public funds deposited in the bank.
for, in Legal Protection for Investors in Crowdfunding Services Through Information Technology Offers (Equity Crowdfunding) Novia Choirunnisa; Nahdlotul Fadilah
Hang Tuah Law Journal VOLUME 4 ISSUE 2, OCTOBER 2020
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v4i2.17

Abstract

The readiness of the community in the era of information technology has opened up opportunities in online businesses such as equity crowdfunding, equity crowdfunding as an alternative capital is increasingly in demand, especially by novice businesses. The Financial Services Authority issues regulations regarding the Equity Crowdfunding transaction model by issuing the Financial Services Authority Regulation Number 37 / POJK.04 / 2018. This provides questions for the regulation of Equity Crowdfunding in Indonesian Capital Market Law. The writer in this study would like to examine and analyze the Equity Crowdfunding activities and legal protection for investors, because legal protection is a form of legal certainty. The research method used is a normative juridical types, the problem approach uses the legislation approach and the conceptual approach. The results show that equity crowd funding is a form of new innovation in funding sources. The service mechanism has many similarities with public offering activities in the capital market, only the implementation is simpler. Equity Crowdfunding legal protection for investors who have been registered in the provisions of Chapter 54 paragraph (2) POJK Number 37 / POJK.04 / 2018, providing the latest information is only placed on the organizer's website or website.
in, of Res Ipsa Loquitur Doctrine in Proofing Process of Environmental Dispute Janeman Jehezkiel Lanawaang
Hang Tuah Law Journal VOLUME 4 ISSUE 2, OCTOBER 2020
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v4i2.18

Abstract

The purpose of this study is to discover the philosophy of accountability in environmental disputes and discover the legal rationality of the validity of the Res Ipsa Loquitur doctrine in resolving environmental disputes in Indonesia. The results of the study show that 1) The philosophy of accountability in environmental disputes is the human right  because of the existence of human beings as conscientious, intelligent, conscious and free beings who use their conscience, reason, awareness and freedom (ontologism) where their fulfillment is based on moral legislation (epistemological) to bring about justice, legal certainty and expediency (axiological) and 2) The rationality of the legality of the doctrine of res ipsa loquitur is in the environmental dispute is first, the difficulty of proving mistakes (intentional or negligence) in environmental disputes; Second, reversing the burden of proof still requires proof of innocence and causality between loss and mistakes; The three absolute responsibilities still require proof from the defendant regarding the loss caused; Fourth, the allegation evidence still requires the support of other evidence, so that a mechanism for resolving environmental disputes in favor of the environment (novio pro natura) is needed without proof of the mistakes, losses and causality of both but sufficient with the fact of environmental damage that is located in the power of the defendant so the allegation that arises is presumption by factuality with a form of responsibility to compensate absolutely (absolutely compentation liability).
in, the, in, of, the, of, and, i Aliens Intervention in the State Conflict in International Law (Study of the Engagement of America, Saudi Arabia, Russia, and Iran in the Arab Spring Conflict) Ridwan Arifin; Mumpuni Tri Utami; Ahmad Zaharuddin Sani Ahmad Sabri
Hang Tuah Law Journal VOLUME 4 ISSUE 2, OCTOBER 2020
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v4i2.19

Abstract

Various conflicts experienced by the state are denied or there are no interventions from other countries both on a large and small scale, either directly or indirectly. Interventions have the meaning of dictatorial interference by a country against other countries’ internal affairs. This has caused controversy because it is contrary to the principle of state sovereignty and the principle of non-intervention in international law. The practice of intervention that is happening now is one of the conversations by the community. The validity of the intervention of other countries is one of them sticking out in the Arab Spring conflict, where Saudi Arabia and Iran make Syria an arena for proxy war where opponents of strength use third parties instead of fighting directly with each other. Saudi Arabia openly supports the opposition in the form of finance, a tool of war. On the other hand, Iran totally supports Bashar al-Assad with financial assistance, weapons of war and sends military forces. This paper analyzes how the position of foreign country intervention in a country's conflict in the study of international law. This paper focuses on the Syrian conflict, the Arab Spring where in the study of international law, intervention is seen as a state effort, and this paper analyzes the legitimacy of the state to carry out such interventions.
and, the, to, of Arbitration and Alternative Dispute Resolution Outside the Court According to Law Number 14 of 2001 On Patent Seno Wibowo Gumbira; Adi Sulistiyono; Soehartono Soehartono
Hang Tuah Law Journal VOLUME 4 ISSUE 2, OCTOBER 2020
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v4i2.20

Abstract

This article examines the services of arbitration institutions and Alternative Dispute Resolution in resolving disputes concerning deficiencies in the dispute resolution process held in courts. Due to the lack of the litigation process, concerns on legal certainty or sense of justice may not be achieved are raised among the disputing parties, thus dispute resolution held outside the court emerges, in particular within the Patent Law prescribes in Article 124, refers to Arbitration and Alternative Dispute Resolution. Arbitration denotes a different nature with ADR due to its adjudicative nature which tends to generate win-lose decisions, while ADR has consensus or cooperative nature which prefers to dispose win-win solution decisions. Other forms of ADR are Consultation, Mini-trial, Summary Jury Trial, settlement with organizations, etc. Arbitration and ADR enable a renewal in the settlement of Patent disputes as expected by the public, the deficiency of ADR prescribes in Article 124 of the Patent Law has explicitly stipulated ADR, however the elucidation mentions that ADR comprises negotiation, mediation, conciliation, and other forms in conformity with the laws and regulations.
ELIGIBILITY OF ELECTRONIC SIGNATURE WHEN APPLYING HOME OWNERSHIP CREDIT (KPR) AT THE BANK ACCORDING TO CIVIL LAW Denny Yanuar Setyo Laksono
Hang Tuah Law Journal April-September 2021
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v5i1.21

Abstract

Home Ownership Credit (KPR) is an important thing in making it easier for people to have housing for those who have small and medium economic income. Housing loans are one of the Bank's products that are related to the level of demand for housing, in this case following the interest rates that affect housing demand. Therefore, innovation is needed to make it easier for people to have housing. The Bank's innovation is to use electronic signatures as a more efficient form of transaction. This research is a juridical-normative research using a statutory approach. The legal issue that is used as a problem formulation is divided into two, namely whether the electronic signature at the time of submitting a Home Ownership Credit (KPR) at a bank is valid according to civil law and whether the impact of an application for a Home Ownership Credit (KPR) agreement made using an electronic signature. The results of this research are electronic signatures or electronic transactions on applications for Home Ownership Credit (KPR) are basically related to an engagement or a legal relationship in accordance with Law No. 11 of 2008 concerning electronic information and transactions and the third book of the Civil Code on Engagement. The impact resulting from the change of Signatures in front of Notary Officers to become Electronic Signatures has the same legal force to bind one another in accordance with Law No. 4 of 1996 concerning Mortgage Rights to Land and objects related to Land and Law No. 11 of 2008 concerning Electronic Information and Transactions, the regulation stipulates that Electronic Signatures are Legitimate according to Civil Law.
Constructing the Maritime State of Indonesia in the Framework of Local Autonomy Kamarudin Kamarudin
Hang Tuah Law Journal April-September 2021
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v5i1.23

Abstract

The research aims at examining how sturdy Indonesia’s maritime state is constructed in the framework of local autonomy by analysing maritime state principles in regulations on recently local autonomy realization in Indonesia. The research constitutes a literature review known as normatively legal research in legal studies. Collected legal sources on research topics are qualitatively analysed in three steps, i.e. to firstly systemise, then to explicate, and to finally evaluate the collected legal sources. The results show that a construction of Indonesia maritime state in the framework of local autonomy is enough sturdy. Local autonomy in managing and utilizing the sea of Indonesia as regulated in Act Number 23 of 2014 on Local Governance is basically conducted in provincial territory by the provincial governments. Nevertheless, district and municipal governments still have the authority in managing and utilizing marine sector. The authority to power and control the sea of Indonesia is dominantly on the central government hands, while the authority to manage and utilize the sea is divided to the central government and provincial and district or municipal governments. Therefore, prosperity from the sea can equally be obtained by local communities and all Indonesian people.
KEABSAHAN KUASA JUAL DALAM PENGIKATAN PERJANJIAN JUAL BELI TANAH Bella Bretyaning Danaparamita; Maudy Fadhilah
Hang Tuah Law Journal April-September 2021
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v5i1.26

Abstract

Soil is very important for human life. PPJB and the law of sale as regulated in 1338 of the Civil Code which are free to contract, do not violate the law, power and ethics, and apply to both buyers and sellers (the parties). In fact, it often happens in PPJB and the selling power is carried out several times or in stages. In the registration of PPJB certificates and sales capacity, not all land agencies can accept them. This study focuses on the validity of the selling rights in the songs of land rights and the legal consequences of court decisions. This research adopts a normative legal research method. The reason for choosing this method is because laws and regulations are used as the main material for analysis. The results of the study indicate that the use of power of attorney on PPJB land is legal and does not need laws and regulations, but is still needed to avoid absolutes and local court decisions. If it has a permanent legal effect, it can be made into the basic music of land rights, in the land book and transferred back, and a certificate is issued in the name of the buyer as the last right holder.

Page 2 of 14 | Total Record : 132

 1   2   3   4   5 

Filter by Year

2017 2025


Reset
Filter By Issues
All Issue 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