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Jl. Arief Rahman Hakim No.150, Keputih, Kec. Sukolilo, Kota SBY, Jawa Timur 60111 Gedung F1 Fakultas Hukum Universitas Hang Tuah
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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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Liberalisation of Banking Services Under the Framework of Asean Economic Community: an Indonesian Perspective Nandang Sutrisno; Nur Gemilang Mahardhika
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.v6i1.65

Abstract

Among the ASEAN members, compared to other members, Indonesia is relatively more liberal in opening up international trade in financial services, especially in banking sector. Through its submission of CIO to the WTO in 2005, Indonesia to some degree offered certain liberalization of banking sector, together with some other services governed under the GATS. On the other hand, other members of ASEAN show their carefulness in liberalizing their banking sectors. As consequence, on one hand foreign banks have occupied nearly 50% of the Indonesian banking industry, and there are only a few units from Indonesia’s domestic banks that present in its ASEAN neighbours, on the other hand. Using normative method, this research elaborates on how Indonesia should strike a balanced stand between its over-liberalized banking sector and the reluctance of other members, while maintaining the GATS principle of “progressive development.” The authors concludes that one of the ways for Indonesia to flip the odds to be in its favour is by urging the implementation of the reciprocity principle in banking services in ASEAN, which additionally, will also stimulate the liberalisation schedule of the latter.
Dimensions of Protection Against Deceitful Trade Competition in the Protection of Geographical Indications
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.v6i1.69

Abstract

The dimension of Geographical Indications protection is not only intended to provide protection to consumers, but is actually also a protection for business actors who own registered Geographical Indications. Competition in the increasingly fierce business creates dishonest business actors who claim to have products of the same quality as registered Geographical Indications. The existence of geographical indication rights as communal rights contains a stronger defense dimension than individual rights. Together and institutionally, the geographical indication rights holder community can design strategic steps to fight this unfair competition. Local governments play a key role in protecting and handling registered Geographical Indications in their regions
The Conceptual Framework for Disabling Payment in International Trade Under the Jordanian Legal System Emad Mohammad Al Amaren; Sultan Ibrahim Aletein
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.v6i1.72

Abstract

The past few years have witnessed a widespread movement of goods between parties in different states by utilizing letters of credit. Letter of credit has continued to play a massive role in expanding international trade since it is considered the most secure and stable banking service through which banks can finance foreign trade operations such as import and export. Although a letter of credit is regarded as a guarantee for the buyer and seller according to the Uniform Custom and Practice (UCP 600). Still, if the parties have to face some circumstances, they can withhold their obligation or even breach the L/C contract. This study aims to identify the reason behind stopping the payment for the beneficiary in the L/C. Through a qualitative and doctrinal legal approach, this study analyses the organization of UCP 600 regarding the compliance standards and the fraud exception. It also examines, via interviews with Jordanian bankers, academicians, and judges, the perceptions of the exception for stopping the payment in L/C transactions. The findings reveal that the Jordanian judiciary does not take avoidance and nullity of the underlying contract, conscionability, recklessness, contractual restrictions, and illegality as exceptions to the independence principle in the letter of credit.
Implementation of the Money Laundering Law as a Predicate Crime during the Covid-19 Outbreak Bernieka Nur Annisa; Cony Dehas Ratna Devi; Sholahuddin Al-Fatih; Mohammad Affan
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.v6i1.74

Abstract

Cases of criminal acts of corruption and Money Laundering have such fundamental ties. In this case the act of corruption is a part of the special criminal law in addition to having special specifications or different from the general criminal law or other, such as a deviation of procedural law and when viewed from the material regulated, the act of corruption directly or indirectly there is a the case or further criminal action from the existence of this criminal act of corruption resulting in a loss that affects the country's economy, namely by committing the crime of money laundering as an act of laundering or busting the trace rather than the original criminal activity. In addition, in these two acts there is a form of indictment which is very important in the Money Laundering Act because this is very much a part of the determination by the judge in proving an element of guilt from the offender, therefore, the preparation of an appropriate indictment in the Criminal Act of Laundering The money in which the part can't be ignored. So, in the development of the case, we need to know a lot about the continuity of corruption in the money laundering law, the use of money laundering legislation in its handling of corruption to optimize the efforts to recover state losses, and also the mechanism of imposing criminal penalties in proving the crime of money laundering without first proving the crime predicate as the most important element in imposing sanction.
Perwujudan Nilai Budaya Timur dalam Penghidupan Kembali Pasal Penghinaan Presiden dan Wakil Presiden Deny Noer Wahid; Ilham Dwi Rafiqi
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.v6i1.76

Abstract

The draft criminal code (RKUHP) has again received a sandstone in its ratification. This is due to several articles that are judged by some people. One of them is about the re-entry of the Article of contempt for the head of state which again reaped polemics in the community. So that with the re-regulation of the article, it is feared by many circles to be a form of defiance of the constitution and violations of free speech which eventually enter into violations of human rights. With the emergence of the article, there has been a lot of polarization in the community between those who support the existence of the article and the contras to the article. To discuss this, normative legal research methods with a conceptual approach, a statutory approach and a historical approach are used. The results of the study show that the reappointment of the article of contempt for the head of the nation's values is not contradictory because the article falls into the category of rechtdelicten. This contempt clause is present because the President and Vice President are icons of the country that can have an impact on the potential for division of society and also harm to other countries.
The Liability of Unilateral Termination by Government on Goods and Service Procurement Contract Anton Cahyono; Ninis Nugraheni; Mokhamad Khoirul Huda
Hang Tuah Law Journal VOLUME 2 ISSUE 1, APRIL 2018
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v2i1.78

Abstract

The increasing development in Indonesia, particularly the development of public facilities and infrastructures makes many public contracts, commonly called governmental goods and service contract, increase as well. It is a contract which one of the parties involves the government. In Indonesia, goods and service procurement contracts are not always well-conducted as expected. Lawsuits, which one of those is the liability from one party, may reveal in such contracts. Therefore, this study would discuss about an issue of unilateral contract termination on good-and-service procurement contract along with its solution. Referring to legal regulation related to governmental good-and-service procurement contract, President’s Regulation No. 54 Year 2010 on Governmental Goods and service Procurement and had been amended by President’s Regulation No. 4 Year 2015 about the Forth Amandment of President’s Regulation No. 54 Year 2010 about Governmental Goods and service Procurement.
The Moveable Goods as a Collateral Object in Warehouse Receipt System Ninis Nugraheni
Hang Tuah Law Journal VOLUME 2 ISSUE 1, APRIL 2018
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v2i1.79

Abstract

The Law of Warehouse Receipt (Act No. 9/2006 about Warehouse Receipt System) has defined a new collateral object called Warehouse Receipt. Warehouse Receipt is a proof of ownership of a commodity that can be negotiable, exchanged and pledged. This article used Normative Juridical Assessment by assessing and analyzing the primary, secondary and tertiary legal material. It is related to the Law of Banking, generally in collateral, and particularly in Act No. 9/2006 about Warehouse Receipt System. Warehouse Receipt as a negotiable instrument can be classified into moveable goods. Such classification is based on an argument that Warehouse Receipt has an economical value. Thus, it can be used as a collateral object. Warehouse receipt as a pledged moveable good may comply with the terms of execution in pledge.
The Legal Principle of Collateral in Fintech Lending Trisadini Prasastinah Usanti; Anindya Prastiwi Setiawati; Ninis Nugraheni
Hang Tuah Law Journal VOLUME 3 ISSUE 2, OCTOBER 2019
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v3i2.80

Abstract

Simple procedures and quick service on fintech lending gives an ease for fulfilling capital needs. Indeed, it does not require any collateral which may constrain debtors to deal with it. However, although this activity brings convenience, efficiency, quickness, and simplicity in lending services, many possible risks such as debtors’ delayed payment or even default which may burden the creditors are likely to follow as well. Without any collateral as assurance, the risks may become much higher on fintech lending as the creditor becomes a concurrent creditor who only has relatively individual rights whose position is equal to the other creditors, no droit de suite principle, and the claim is individual with general assurance.
The Covid-19 Vaccination’s Obligation in Pandemic Era Relates to Autonomous Rights and Informed Consent Nila Nirmalasari; Helmi Helmi; Mirza Satria Buana; Nasrullah Nasrullah
Hang Tuah Law Journal VOLUME 6 ISSUE 2, OCTOBER 2022
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v6i2.81

Abstract

The government requires the Covid-19 vaccination in a pandemic emergency to reduce and stop the spread of this virus. Based on the study of several previous studies, this mandatory vaccination program received a great reaction in the community, not only in Indonesia, there were those who supported it and there were those who opposed it This paper aims to examine the obligation of Covid-19 vaccination with autonomous rights and informed consent. This research was conducted using a normative legal research method, with a statute and a conceptual approach. The research results are vaccination is part of health care efforts. Informed consent is obligation in every health care efforts. The Covid-19 Vaccination is also obligation in pandemic era. The mandatory Covid-19 vaccination program can be justified because the country is in a pandemic emergency. My advice in terms of respecting the right to autonomy, every act of Covid-19 vaccination should be accompanied by informed consent, either in an implied or written form, even though this program is a mandatory program.
The Principles of Justice and Legal Assurance in Choice of Law for International Electronic Contract Moh. Ali
Hang Tuah Law Journal VOLUME 1 ISSUE 1, APRIL 2017
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v1i1.82

Abstract

Along with globalization, legal relationships between parties are not exclusively domestic since it also involves foreign element. As the result, it affects the usage of different legal systems in establishing a contract. Unlike commercial contracts in which the position between parties is equal, consumer contracts place the consumers unequally resulting in lameness and disproportion among consumers in terms of conveying a common will to choose the clauses of contract. The existence of injustice causes a key paradigm shift on contractual freedom from” both-sided autonomy” to “one-sided autonomy.” Additionally, legal uncertainty will also appear particularly on the tug-of-use of the sea point based on whether unilateral, multilateral, or substantive choices of law. Such condition requires harmonization as necessity along with the legal context increasingly global.

Page 4 of 14 | Total Record : 132

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