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Mohammad Zamroni
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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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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
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Government Role in Agricultural Management as Agrarian Resource Herlindah
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.v1i1.83

Abstract

Agriculture is a one of land resources called agrarian which brings strategic functions and roles for Indonesia as agrarian country. It is identified as being strategic due to a great number of Indonesian people who rely their lives on agricultural sector. Thus, farms do not only have economic value but also social value, and even religious one. Besides, farms are also subjected for agricultural investment activities involving hugecapital companies through which a large-scale extensification of farms will increase over time. This paper focused on the state control over agrarian resources. Starting from farms as agrarian resources, the governance rights of land by a country is based on both UUPA and the exegesis of Constitutional Court. Findings showed that there were 4 (four) models of The state control over agrarian resources based on Article 2 UUPA. However, as Constitutional Court verdict Number 002/PUU-I/2003 testing toward the Law Number 22, 2001 on oil and gas toward the Constitution 1945 was established, the state control over farms could be broadly defined as public rights for all people of Indonesia over its agrarian resources.
Government Responsibility to Protect People’s Rights Over the Clean Water Muhammad Nadzir
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.v1i1.84

Abstract

Water plays a very important role in supporting human life and other living beings as goods that meet public needs. Water is one of the declared goods controlled by the state as mentioned in the constitution of the republic of Indonesia. The state control over water indicated that water management can bring justice and prosperity for all Indonesian people. However, in fact, water currently becomes a product commercialized by individuals and corporations. It raised a question on how the government responsibility to protect the people's right to clean water. This study found that in normative context, the government had been responsible in protecting the people‟s right over the clean water. However, in practical context, it found that the government had not fully protected people's right over clean water. The government still interpreted the state control over water in the form of creating policies, establishing a set of regulations, conducting management, and also supervision.
Adaptation of Contract Models of Oil and Gas : A Comparative Study Cut Asmaul Husna; Lina Hastuti; Iman Prihandono
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.v1i1.85

Abstract

Differences in law systems, constitution, legislation, and regimes in oil and gas business across the world enforce to have a comparative study by extending laws in oil and gas. It is, from global perspective, implemented a constant demand to the law to take essentialization categories as its base. Nature required universalism, an analysis of valid and constant law sifted toward cosmopolitan law. Manifestation of globalization was transformed and corresponded to natural regulations in adapting a contract model. Oil and gas and its exploring development within global law systems included Civil Law, Common Law, Socialist Law, Scandinavia Law, and Islamic Law. Important discoveries in oil and gas sector, therefore, might have changes by universally global cosmopolitan law.
The Principles of Investment Law in the Management of Mineral and Coal Resources Within Communal Land Marthen B. Salinding
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.v1i1.86

Abstract

The legal forms of land tenure by communal society, known as communal, are varies in Indonesia. Communal title has been considered as a juridical and common term, although each of communal societies actually has their own different technical term. Making communal land as an investment place of managing mineral and coal resources might bring some legal issues for communal society. The first issue related to less optimal implementation of the principles of investment law by both government and investors. It would impact on the emerging conflicts between communal society and investors. Second, the position of communal land loaded by given-period mining permit would turn into the state property after the period ended.
The Principles of Zakat and Tax Upon the Time of Rasulullah SAW Dian Septiandani; Abd. Shomad
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.v1i1.87

Abstract

Zakat is one of principal worship requiring every individual (mukallaf) with considerable property to spend some of the wealth for zakat under several conditions applied within. On the other hand, tax is an obligation assigned to taxpayers and should be deposited into the state based on policies applied, with no direct return as reward, for financing the national general expense. In their development, both zakat and tax had quite attention from Islamic economic thought. Nevertheless, we, at first, wanted to identify the principles of zakat and tax at the time of Rasulullah SAW. Therefore, this study referred to normative research. The primary data was collected through library/document research and the secondary one was collected through literature review by inventorying and collecting textbooks and other documents related to the studied issue.
Restriction on the Rights of Secured Creditors in Bankruptcy Proceedings Yulianto
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.v1i1.88

Abstract

The enactment of Law No. 37/2004 upon Bankruptcy and Suspension of Payment (UUK-PKPU) as the “lex specialist” of the Collateral Law and Civil law has caused several legal problems to the creditors holding collateral over assets of their debitors, commonly known as secured creditors, in terms of management and settlement on bankruptcy estate. Such problems included: First, there is a normative conflict between Bankruptcy law and collateral law, in particular regarding to the principle of executorial and the principle of preference right. Second, there is a restriction on the right of secured creditors in terms of management and settlement on bankruptcy estate.
Legal Principles of Evidence on Civil Cases in Public Judiciary Dwi Handayani
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.v1i1.89

Abstract

Legal principles in civil procedure law apply to the process of evidence as well, including ‘Audit et alteram partem’ principle which mentions that litigants’ testimony must be presented in hearing session. Based on article 163 HIR/283 RBg, the plaintiff proves with evidence. The judge will make a judgment and through this evidence proceeding, the judge needs to seek for the real evidence disputed both parties in order to make a fair and impartial judgment as the mandate of ‘Audi et alteram partem’ principle. Comparison between the process and the system of evidence on private cases in Anglo-Saxon country (Singapore) is quite similar in the processes. Compared with Indonesia, however, the system of evidence in Singapore seems more ‘open’, while the system in Indonesia is ‘closed’ in its nature. The openness is on broader submission of evidence (not limited to what has been set on the constitution). In the contrary, the system of evidence in Indonesia is restricted by the law (article 164 HIR/284 RBg) and judges only engage on what both parties have submit. This research tries to identify the similarity and the difference on legal principles of evidence among Indonesia, Netherlands and Singapore.
Bank’s Legal Actions on Lending Issue Against the Annulment of Debtor’s Marriage Andika Persada Putera
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.v3i2.90

Abstract

The primary function of Indonesia bank as the collector and distributor of people fund in the form of saving and credit account makes them become a financial agent that bridges surplus unit with deficit unit. Generally, credit is classified into two kinds; commercial and consumer credit. It will be affected due to abrogation of debtor settlement. Although the agreement of credit is not immediately nulled, it needs such a legal action as the solution. Three alternative legal action that bank may consider are: asking for credit settlement at one time, making novation, or letting it out as long as the credit installments are regularly paid. Therefore, this study is a juridical-normative research using both statute and conceptual approaches.
The Sense of Gender Equality in Papuans’ Philosophy Kristina Sawen
Hang Tuah Law Journal VOLUME 1 ISSUE 2, OKTOBER 2017
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v1i2.91

Abstract

The construct of gender in social life manifests onto its discrimination in every aspect of society. Women have a weak position and thus, become a “weapon” to weaken their own development in this growing emancipation era. Some legal efforts and the theory of feminist have developed to advocate them to grow up and get involved in various aspects of development; at least, it may suppress the level of discrimination toward women. Implementing the theory of feminism, however, should understand and see through some values that exist in society, as in Papuan women‟s life. In the context of kinship, it may tie and harmonize the family bond. Therefore, the theory of feminism can be well implemented and accepted in a society which is full of togetherness, kinship, relatives, and love values.
The Principle of Legal Relationship Between Syari’ah Banks and Customers Saving Their Money Sri Astutik
Hang Tuah Law Journal VOLUME 1 ISSUE 2, OKTOBER 2017
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v1i2.92

Abstract

Saving money in syari‟ah banks may be conducted through aqad Wadiah and aqad Mudharabah, in the form of wadiah giro, wadiah saving, mudharabah saving, mudharabah deposit, and other financial products in line with the syari‟ah of Islam. The legal relationship between syari‟ah banks and customers saving their money is an agreement specifically mentioned in a written contract about saving some money in syari‟ah banking, and it is called Aqad (i.e., contract). In financial collection, therelationship between syari‟ah banks and the customers (depositor) is in the form ofpartnership. The principle underlying that partnership is the principle of trust andamanah.

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