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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 132 Documents
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Juridical Review of Trade Secret Violations in Franchise Business Activities with Case Study of Decision No.413/Pdt.G/2014/PN.Jkt.Utr Adrian Ali Akhbar Adrian
Hang Tuah Law Journal April-September 2021
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Many companies engaged in various industrial fields carry out business activities using the franchise business method. In running a franchise business, the brand owner or the Franchisor grants the right to the Franchisee, either an individual or a company, to carry out business activities by utilizing intellectual property rights in the form of a brand, name, system, procedure, or trade secret belonging to the Franchise grantor (Franchisor) in limited capacity under the franchise agreement. The purpose of this paper is to analyze the legal protection of trade secrets and dispute resolution against trade secret violations. The writing of this journal uses juridical-normative as a type of legal research using several approaches, i.e., legislation, conceptual and case. The analysis results show that legal protection of trade secrets is obtained as long as the information is kept confidential and has economic value, and there is a license agreement for franchise business activities. On the other hand, related to dispute resolution regarding trade secret violations, it can be resolved based on an agreement between the two parties related to the choice of law and place to resolve occurring disputes
ASAS KONSENSUALISME DALAM INFORMED CONSENT ANTARA DOKTER DENGAN PASIEN Lintang Yudhantaka; Mas Anienda Tien Fitriyah; Rosalia Dika Agustanti
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.v5i1.31

Abstract

The term informed consent or consent for particular medical treatment was familiar in medical world. It brought security for both doctors who did their profession and patients who got information about the illness they were suffering from along with any medical treatment they would have. In fact, there were still many problems issued due to less-well implementation of informed consent. Therefore, this study aimed to analyze the characteristics of informed consent as the legal basis between doctor and patient and verify the establishment of agreement (i.e., consensus) in informed consent. It was a juridical-normative research with conceptual and statute approaches. The result of this study found that informed consent had distinctive characteristics compared with any other common agreements, in particular to its subject, object, and cause. Towards the establishment of consensus, it referred to the doctor’s offering to do any medical treatment and patient’s acceptance to have that treatment.
Urgency of Cryptocurrency Regulation in Indonesia: The Preventive Action for Ransomware Crime Winnie Stevani; Hari Sutra Disemadi
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.v5i1.32

Abstract

Disruption is a double-edged sword since, in addition to facilitating digitization, it also serves as a target for cybercriminals to conduct their schemes. Cryptocurrency is a type of virtual currency that uses cryptography technology to enable digital transactions in cyberspace. Ransomware is one type of crypto crime that has increased in 2020 occurrences. More over, ransomware is a way for cybercriminals to make money by threatening victims with access limitations, data deletion, and data dissemination in exchange for a ransom payment. Furthermore, the government hasn't provided recognition and protection for its inhabitants, the creation of a legal vacuum (rechtsvacuum) in Indonesia surrounding cryptocurrency regulation is seen to be damaging to digital users. In light of these issues, the goal of this research is to assist the Indonesian authorities in comprehending the fundamental issues surrounding crypto crimes such as ransomware. Then, to assess the prospects of cryptocurrency as a virtual currency in Indonesia, the research technique employed is a normative juridical research method with a conceptual approach and law. This paper demonstrates that the crime of ransomware will hinder cyber law enforcement in Indonesia, resulting in a detrimental impact on economic development and vulnerability to cyberattacks that harm national security. As a result, if cryptocurrency stays in a legal void or ‘gray area’, governments must be aware and prioritize preventive actions against ransomware attacks and their consequences. This preventative step could take the form of regulating cryptocurrency in Indonesia as virtual money and block ransomware activity.
Kebijakan Hukum Pidana Penerapan Pidana Kerja Sosial Untuk Mengurangi Overkapasitas Lembaga Pemasyarakatan Di Indonesia Romi Saputra
Hang Tuah Law Journal VOLUME 5 ISSUE 2, OCTOBER 2021
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v5i2.35

Abstract

Law is one element that cannot be separated in society, the relationship between law and society is a reciprocal relationship. The law will continue to develop along with the development of society, so that if in the course of time the community will develop, it will automatically require legal reforms that are able to keep pace with the development of society.The imposition of a crime against someone who commits a criminal act is a very important part in realizing a good criminal justice system, in this case the judge should be able to choose which type of crime is right for the perpetrator. The alternative to imprisonment, in this case social work punishment, gives the fact that imprisonment is increasingly being criticized for humanitarian considerations, philosophical considerations, and economic considerations. The criticisms of the negative consequences of imprisonment have given rise to the idea of looking for alternatives other than imprisonment even though imprisonment can be justified in terms of crime prevention, public safety, but imprisonment also has a fairly large negative assessment. Social work crimes for perpetrators of minor crimes can fulfill the elements of development and provide protection to the community. Elements of coaching that are oriented to individual criminals who are convicted of social work criminals are protected from negative impacts such as being labeled as criminals by the community, losing self-confidence so that the convict has self-confidence which is very necessary in the process of community integration.
TUGAS DAN TANGGUNG JAWAB KURATOR DAN HAKIM PENGAWAS DALAM PEMBERESAN HARTA PAILIT Erlan Ardiansyah; Rahmia Rachman
Hang Tuah Law Journal VOLUME 5 ISSUE 2, OCTOBER 2021
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v5i2.43

Abstract

Duties and responsibilities of curators and supervisory judges in the enactment of bankruptcy property under Law Number 37 of 2004 concerning Bankruptcy and Suspension of Payment. This research aims to find out the Duties and Responsibilities of Curators and Supervisory Judges in the enforcement of bankruptcy property when debtors sell bankruptcy property that harms creditors. This research uses Normative research methods, namely: Library research is research that uses secondary data, namely data sourced from library materials, studying various scientific writings, laws and regulations, documents and other sources related to the material discussed. The result of this research is that curators have a duty to manage and settle bankruptcy property under the supervision of supervisory judges appointed by Commercial Court Judges. Curators also have a personal responsibility if in carrying out their duties he performs kelalalian so as to cause losses to bankruptcy property. While the Supervisory Judge has a duty to supervise the curator in carrying out his duties in cleaning up the bankruptcy property. If the debtor commits a legal action on the bankruptcy hrta that harms the creditor, then the curator based on the mandate of Article 16 of the Bankruptcy Law and PKPU can file an Actio Pauliana lawsuit to the Commercial Court which aims to cancel the legal actions committed by the previous debtor so that the bankruptcy property can be maximized to be distributed to the creditors.
Medical Service Management Analysis in the Specialist Medical Centre I Ketut Agus Prasetyo; Rizka Wahyuni; Teofilus Timon Lirungan; Bambang Ariyanto
Hang Tuah Law Journal VOLUME 5 ISSUE 2, OCTOBER 2021
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v5i2.44

Abstract

Healthcare services, as frontline services, have an essential role in creating a healthy society. Indeed, the community will choose qualified health services for treatment. Hence, the services need to improve the existing management to provide the best quality. The regulation concerning medical service standards is under the Republic of Indonesia's Minister of Health No. 1438 of 2011. The type of research in this article is normative research, using a statutory and conceptual approach analyzed and presented descriptively. As a health service provider facility, the specialist medical center must provide standarized services and have good management. The problem is in the service system's poor management. The specialist medical center must provide effective, safe, quality, and non-discriminatory services by prioritizing patients' interests under professional standards, services, and operational procedures to accelerate service and provide service satisfaction.
Analyzing the Company Merger Between Tokopedia and Gojek from the Perspective of Business Competition Law: Does it Lead to Anti-Competitive Behavior? Sendari Waskita Putri; Kukuh Tejomurti
Hang Tuah Law Journal VOLUME 5 ISSUE 2, OCTOBER 2021
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v5i2.46

Abstract

This study analyses how the merger between Tokopedia Ltd and AKAB Ltd is viewed from business competition law. The problem in this article is whether monopolistic actions and unfair business competition indicate the merger between these two largest digital companies? As normative legal research, the study uses an analysis of the statute approach and uses research sources for primary legal materials, secondary legal materials, and tertiary legal materials. The study results concluded that although they are a large company in the same market group, both are not indicated by monopolistic actions and unfair business competition. This is because the post-merger company does not control production/distribution/consumption in the community, and consumer behaviour is not centred on the post-merger company. When faced with the current development of the digital era, the relevant market theory is no longer relevant. Therefore, this study suggests that in addition to looking at the appropriate market conditions, merger assessments can also use consumer behaviour theory to determine whether a merger engages in monopolistic action and unfair business competition or not.
KEWENANGAN DEWAN PERWAKILAN DAERAH DALAM PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN DIKAITKAN DENGAN SISTEM BICAMERAL Muhammad Nadzir; Suhartini
Hang Tuah Law Journal VOLUME 5 ISSUE 2, OCTOBER 2021
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v5i2.49

Abstract

This study aims to answer the formulation of the first problem, what is the authority of the Regional Representatives Council (DPD) in the formation of laws and regulations? Second, does the authority of the Regional Representatives Council in the formation of these laws and regulations reflect the representative institutions of the bicameral system? The conclusion is that the DPD has the authority in the field of Legislation at the following stages: This study uses a normative juridical approach, namely research that analyzes a legal problem by conducting a literature study, both from primary, secondary and tertiary legal materials. The analysis of research data is qualitative in nature, namely concluding and describing the answers to the legal problems under study. byplanning, preparation and discussion related to bills related to regional autonomy, the formation and expansion and merging of regions, natural resource management, as well as those relating to the balance of central and regional finance. The DPD has the authority to provide considerations in the Tax Bill, APBN, Education and religion to the DPR. Second, the two-chamber representation system (Bicameral) provides an equally strong position, this applies to the DPD and the DPR. In implementing the Representative system, the DPD has weak authority in various functions, both legislation, supervision and budgeting. The weakness of the legislative function can be seen from the DPD's inability to participate in discussing the decision making the bill into law. This shows that the DPD's authority does not reflect as a pure bicameral system representative institution, but reflects a soft bicameral representation system.
Law Enforcement of Indonesian National Army (TNI) Soldiers with a Progressive Legal Approach Budi Pramono
Hang Tuah Law Journal VOLUME 5 ISSUE 2, OCTOBER 2021
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v5i2.51

Abstract

The implementation of law enforcement in the Indonesian National Army (TNI) is still chaotic due to the sectoral ego of each law enforcement officer so that it is necessary to discuss the concept of law enforcement against soldiers who commit violations using a progressive legal approach conceptual. This research is a normative (doctrinal) legal research with a statutory and conceptual approach. Law enforcement in the Indonesian National Army environment requires the development of the approach that used, one of which uses a progressive legal approach. In progressive legal thinking, the law should be able to give happiness to the people and the nation so that the development of soldier morality is needed. Thinking progressively in law means having the courage to get out of the mainstream of legal absolutism thinking, then placing the law in a relative position. Progressivism does not want to make law a technology that has no conscience, but rather a moral institution, in this case human morality. Good physical development but bad mentality makes the direction of the law go astray.
The Legal Perspective of Blockchain’s Potential Use for Sharia Banking Institutions in Indonesia Uni Tsulasi Putri; Nikmah Mentari
Hang Tuah Law Journal VOLUME 6 ISSUE 1, APRIL 2022
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v6i1.68

Abstract

In nowadays era, sharia banking shall face many challenges. Sharia banking shall be able to create innovation and disruption to avoid being eroded by current development. Blockchain is one of the technology disruptions. It may potentially applicable within sharia finance industry including sharia banking, outside its use related to the sale and purchase of crypto asset. This research discusses on how to use blockchain technologi for the development of sharia banking as well as on what are the opportunity and challenges in applying blockchain for sharia banking in Indonesia. This is a normative legal research with using descriptive-qualitative data analysis method. Data in this research is secondary data which consist of primary legal sources and secondary legal sources. The former are laws and regulations related to blockchain and sharia banking. The latter are books, academic writings, journals and other primary-source-explanatory documents. The results in this research show that sharia finance industry especially banking can utilize blockchain such as by using its smart contract, for the collection of zakat, improvement of waqf utility, effective and efficient halal supply chain. The opportunity of blockchain are there have been OJK and BI regulation concerning blockchain in certain area, support of blockchain development manifested in Sharia Economic Masterplan, demographic bonus in Indonesia, the use of smart contract, the use of blockchain for supporting halal supply chain, zakat collection, waqf utility, as well as the security guarantee in minimalizing fraud risk. Among others, the challenges blockchain shall face are, the policy and regulations of blockchain are still limited to only in some sectors such as payment and equity crowdfunding, there is no fatwa from MUI (Indonesian Ulema Board) regarding the use of blockchain for sharia economic activities, and the complexity of blockchain.

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