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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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The Characteristics of Relationship Between Consumers and State-Owned Gas Company in Implementing a Project of Domestic Gas Installation System Ghansham Anand; Dyah Ismi Afifah
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.v1i2.93

Abstract

A project of one million domestic gas installations across Indonesia has been implemented by PT Perusahaan Gas Negara (PGN) since 2014. However, the right and obligation between the company and consumers who installed the domestic gas is not clearly stated. This may cause a right dispute between them when it comes to an unexpected occurrence. Whereas, their relationship is important as it relates to some aspects of consumer protection and obligation, which may lead into claims when something bad happen. Based on Article 19 of the Act of 1999 No. 8 about Consumer Protection, an enterprise is responsible to give compensations in the form of cash money or other similar goods/services with equal value or medical treatment and/or insurance. In regard to consumer‟s liability, they have to provide evidence. The liability of the enterprise is classified into a liability of guilt by shifting the weight of evidence. It is mentioned in Article 28 UUPK that if an enterprise is unable to prove that it is not guilty or if it is found guilty conducting action against its liability of law, the enterprise has to give compensation to its consumers, who feel disadvantageous. The basis of applying that claim toward the enterprise points to the lack of performance or legal violence.
Legal Formulation of Marriage of Different Religions for the Benefit of Society Dian Septiandani; Dharu Triasih; Dewi Tuti Muryati
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.v1i2.95

Abstract

Different religious marriages are a problem for society. Indonesia is a country with the majority of the world's largest Muslim population issues concerning marriage is still common. There is a need for proper legal formulation for interfaith marriage as an effort to minimize any adverse impacts arising in different religious marriages.
Corporate Liability on the Crime of Producing, Distributing, and Utilizing Non-Standard Vaccines Achmad Ardiansyah Akbar
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.v1i2.96

Abstract

Immunization is a mandatory program by government for every child in Indonesia. In 2016, however, the vaccine used for children‟s immunization was found under standardized or unqualified. It was mixed with particular substances which might lead the users into some allergies, minor or severe injuries, trauma, and even danger their lives. Parents certainly fully entrusted their children‟s immunization to the competent. The crime of producing, distributing, and using non-standard vaccines involved many parties both individuals and corporations, ranging from the task of producing, distributing, and up to injecting the vaccines into children. With the enormous profits of the crime, however, only private parties were sued while the corporations were still free from any accusation and thus, it made them have potential chances to redo such crime, violating medical laws, consumer protection laws, Money laundering legislation, and up to brand and geographical indications. This study was a legal research with statute and conceptual approaches. It aimed to investigate the provisions of producing and distributing non-standard vaccines by corporations and to analyze their liability on such crime. The results, conclusions, suggestions, and recommendations for the problem were discussed.
Needed to Regional Cooperation to Combat People Smuggling in Indonesian Waters Chomariyah
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.v1i2.97

Abstract

People smuggling is a growing global crime that exposes thousands of migrants to unacceptable risks and challenges the integrity of international borders. In the last two decades, globalization and conflicts have seen an increase international migration flows. People smuggling is not a new phenomenon in Indonesia. It has developed steadily over the last 10 years in response to the increased demands of asylum seekers and refugees attempting to reach Australia by boat. Among the convicted people smuggling organizers are a number of rejected asylum seekers who stayed on in Indonesia for years. Some smugglers are former refugees but now hold Australian citizenship, granted to them after regular resettlement. Indonesia recorded nine boat accidents involving 728 asylum seekers in 2012, while in the following year the number rose to 23 involving 615 victims. Operation Sovereign Borders and they turn-back-theboats policy from Australia, from December 2013 to March 2014, there were seven occurrences of boats being turned back to Indonesian waters. The result of research show that first, Indonesian government need regional cooperation to handling treated people smuggling in Indonesian waters. Regional cooperation would be a win-win solution for both countries. And second, the regional cooperation should be in line with prevailing Indonesian legislation.
Correlation Between Tax Policy and Corruption in the Legal Perspective for Country's Economic Growth Gideon J.; Edgar H.; Ivan; Nabil; Aptina; Nadia P.; Dewi R.
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.v1i2.98

Abstract

People Tax is the main source of state income. The better the tax policy of a country, the better the development of a country. One of the factors that influence the level of public awareness in paying taxes is corruption. Study shows that tax collection is one of them influenced by corruption. In the data of Corruption Perceptions Index 2016 reported by Transparency International, Indonesia is ranked 90 out of 176 countries. Tax evasion is a serious problem for many countries. Every year, the government loses revenue potential as many residents evade taxes in various ways. For this reason, the government implements tax amnesty. Tax amnesty is designed to permanently reduce the amount of underground economy activity, thereby increasing tax revenues in the future and developing countries can grow well.
Same-Sex Marriage for Lesbians, Gays, Bisexuals, and Transgenders Dian ES.; Michael SP.; Bramansya P.; Luigi H.
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.v1i2.99

Abstract

People This study aimed to investigate a phenomena of lesbian, gay, bisexual, and transgender in Indonesia and analyze the appropriate implementation of legal sentences for both the registry officials of same-sex marriage and the subjects under the Revision of Marriage Law. It used juridical-normative method with statute (problems were analyzed based on the current applied laws) and conceptual approaches (problems were analyzed based on the perspectives of legal experts in many literatures). It brought two results. First, the marriage registry officials carrying on same-sex marriages would be sentenced by 7 years in prison or fine with Category IV Rp 300.000.000 at most. Second, the subjects of same-sex marriage with identity falsification would be sentenced by 12 years in prison or fine with Category V Rp 1.200.000.000.
The Right to a Happy Death for the Navy’s Elderly Sutarno Sutarno; Adriano Adriano
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.v6i2.102

Abstract

Everyone wants to live happily in their life, including in the final moments of their life. It’s also the same for the retired personnel of the Indonesian Navy. There are many efforts to make a happy life, especially while they’re still active in their Job. One of the slogans to encourage life is Old Navy Never Die. This study analyzes the legislation of near-death elderly of retired Indonesian Navy that has a slogan Old Navy Never Die. Legislation of near-death is usually related to euthanasia or palliative care, especially to avoid prolonged suffering. The method of this study is juridical normative through statute and conceptual approach, reinforced with a limited empirical approach through limited interviewa. The result found in this study is there is no specific legislation about the legislation of near-death elderly in retired Indonesian Navy. The condition and the legislation for the elderly Indonesian Navy are the same as another Indonesian netizen. The slogan is only used to encourage the soldier to be a real seaman. In Indonesia, all the netizens, there is a tendency to allow passive euthanasia, in addition to street palliative care in place. The suggestion is to make strong legislation concerning palliative care and strong legislation for retired elderly naval care center of the naval base.
URGENSI GUARANTEE OFF TAKERS DALAM MENINGKATKAN INVESTASI MINYAK DAN GAS Muhammad Irfan Hilmy; Nibraska Aslam; Dinda Jhaneta; David Brian Leong Retna
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.v6i2.108

Abstract

The investment climate for oil and gas mining since 2000 has continued to decline until now. This can be attributed to various factors, one of which is the lack of certainty regarding buyers of oil and gas at the downstream stage. This will certainly have an impact on the development of oil and gas mining, so that it can have a wider impact on welfare aspects. This study will discuss the urgency and reasons for the inclusion of a guarantee off taker as one of the clauses in an oil and gas contract. This study uses a normative method with a statutory and conceptual approach. This study found that there are at least 3 dimensions of urgency and reasons for the inclusion of an off takers guarantee clause, namely the dimension of people's livelihood based on Article 33 paragraph (3) of the 1945 Constitution which mandates efforts for people's welfare because through large investments people's welfare should also increase. Next is the dimension of the oil and gas business which has a high risk that requires certainty in selling oil and natural gas. The last dimension is the investment dimension.
Legal Politics of Environmental Licensing Governance After Job Creation Law Nabila Aulia Rahman; Zainal Arifin Mochtar; Ilham Dwi Rafiqi; Mohamed Yayah Jalloh
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.v6i2.109

Abstract

The validation of the Job Creation Law in Indonesia brought many fundamental changes in economic policy, including environmental licensing. It is because of a fundamental legal political changes that more directed to the ease of doing business and investing compared to the environmental conservation, by changing the terminology of environmental licensing to environmental approval. This paper aims to analyze the legal politics of environmental licensing governance after the Job Creation Act. The results of this study indicated that there are changes in legal politics in environmental licensing governance after the Job Creation Law which had implications for the business licensing system. So, a legal mapping is needed regarding to the concept of environmental licensing in the Job Creation Act. The findings of this paper are the ideal concept of environmental licensing based on the 1945 Constitution of the Republic of Indonesia.
Penggantian Direksi oleh Pemegang Saham Baru Setelah Akuisisi Berdasarkan Undang Undang Perseroan Terbatas Suwinto Johan; Dativa Averina Santie
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.v6i2.110

Abstract

The dismissal or replacement of a company's board of directors has become a frequently discussed thing in the business world. A new shareholder replaces the board of directors or the shareholder rejects the board of directors' accountability report as a reason for the replacement of the board of directors. The Board of Directors is an important part of a company. This study aims to discuss the position of directors, the process of dismissal or replacement of directors, and compensation due to directors been replaced. This study uses a normative juridical method. This study concluded that the directors are organs of the company not workers in the company. The relationship between directors and companies is based on the Limited Liability Company Law, the Capital Market Law, and the Anti-Monopoly and Business Competition Law. This relationship does not refer to the Labor Act. The position and process of replacing the board of directors based on the Limited Liability Company Law. Fired directors may receive compensation as stipulated in the agreement between the board of directors and the company. The Company can be represented by the board of commissioners as agreed in the General Meeting of Shareholders.

Page 6 of 14 | Total Record : 132

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