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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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Legal Capacity of Regional Organizations in Indonesian Maritime Modernization: A Momentum and Strength Birahayu, Dita
Hang Tuah Law Journal VOLUME 7 ISSUE 2, OCTOBER 2023
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v7i2.101

Abstract

This paper aims to examine the influences of international cooperation between member states of regional organizations in Indonesia's maritime modernization and dispute resolutions of regional international organizations for international violations. This research uses normative juridical research with a statutory approach and a conceptual approach. The results of the discussion show that sea power is the most important element for the progress and glory of a country, which if the sea power is empowered, it will improve the welfare and security of a country. On the other hand, if this sea power is ignored, it will result in losses to a country or even bring down the country. State power can be represented in state membership in international organizations based on the legal capacity of the organization to achieve the objectives of state interests that cover a very broad range of life. Indonesia's active role in international maritime organizations is a momentum and maritime strength in order to support the progress of Indonesia's maritime modernization as stipulated in Presidential Regulation Number 30 of 2019 and dispute resolution between members of the organization based on article 12 Draft Articles on the Responsibility of International Organizations (DARIO).
Revise of the Law Exclusive Economic Zone in Indonesia: An Urgent Necessity Pramono, Agung; Adriano, Adriano
Hang Tuah Law Journal VOLUME 7 ISSUE 2, OCTOBER 2023
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v7i2.139

Abstract

Indonesia is an archipelago with massive oceans. In 1982, the United Nations Convention on the Law of the Sea (UNCLOS) was signed in Jamaica. In 1983 the Indonesian government passed Law Number 5 of 1983 concerning Exclusive Economic Zone, and UNCLOS 1982 was set as one of the fundamental considerations in the Law. However, the issue is what is the legal basis of including the UNCLOS 1982 as one of the basic considerations and how these two laws are related. This research employed a normative method aiming to study one of the fundamental considerations of the making of Law Number 5 of 1983 concerning the Exclusive Economic Zone in Indonesia. The results of the discussion show that the inclusion of UNCLOS 1982 as a basis for consideration in making Law Number 5 of 1983 concerning Indonesia's EEZ is problematic from the legal position of the rules. Law Number 5 of 1983 concerning the EEZ of Indonesia needs to be revised by referring to Law Number 17 of 1985 concerning the Ratification of the Convention of The Law of the Sea. This revision is intended to improve the regulation concerning the implementation of sovereign rights and jurisdiction and related regulatory provisions regarding the EEZ of Indonesia in terms of the interest of security on the sea.
Dualism Regulating Requirements for Filling in the Directors of Regional Owned Enterprises in the Regional Government Law and the Limited Liability Company Law Febriansyah, Wendy
Hang Tuah Law Journal VOLUME 7 ISSUE 2, OCTOBER 2023
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v7i2.172

Abstract

The problem of conflicting norms is a conflict between one regulation and another, such as in regulating the requirements for filling the board of directors of Regional Owned Enterprises. Government Regulation Number 54 of 2017 concerning Regional Owned Enterprises and Regulation of the Minister of Home Affairs Number 37 of 2018 concerning the Appointment and Dismissal of Members of the Supervisory Board or Members of Commissioners and Members of the Board of Directors of Regional Owned Enterprises on the one hand implies the provision of minimum and maximum age requirements for filling Regional Owned Enterprises directors and the selection mechanism through a Selection Committee formed by the Regional Head, while on the other hand Law Number 40 of 2007 concerning Limited Liability Companies determines the absence of age. This study aims to analyze and describe the problems of dualism in the regulation of the terms and mechanisms for filling Regional Owned Enterprises directors and the legal implications of violating the provisions of Law Number 23 of 2014 concerning Regional Government and its various implementing regulations. Based on the type of normative research with a statutory and conceptual approach, this research argues that the terms and mechanisms for filling the Regional-Owned Enterprises directors refer to the regime of the Local Government Law along with all its implementing regulations and the legal consequences of filling the directors who violate the statutory provisions are null and void.
The Publicity Principle in Making the Deed of the Nuptial Agreement by Notary Mohammad Nizar Sabri
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.v2i1.174

Abstract

The settlement of this research conclude that; the Resolution of Constitutional Council Number 69/PUU-XIII/2015 with regard to nuptial agreements is contradictory to the purpose of the publicity principle. Ratio legis of The authorization related to the publicity of notaries is also contradictory to the obligations of notaries to maintain the confidentiality of the content of a deed and the professional oath of notaries as regulated in Article 16 paragraph (1) letter f of the Amendment to UUJN, in conjunction with Article 4 paragraph (2) of UUJN. The existence of the Letter from the Director General of the Demography and Civil Registry as well as circular letter of the Directorate General of Islamic community guidance (Ditjen Bimasislam) on the registration of Reporting Nuptial Agreements; such letter does not follow up in relation to the resolutions of the Constitutional Council. However, the endeavour made to interpret the resolutions of the Constitutional Council by the Director General of Demography and Civil Registry is inconsistent with the resolution already mentioned by the Constitutional Council (MK). In its first point it is stated that a nuptial agreement can be made drawn up in a notarized deed, on the other hand, the Constitutional Council, in its resolution, only mentions that a nuptial agreement may be drawn up in writing, which means that it may be executed by the parties only or be drawn up as a notarized deed.
Procedure and Legal Consequence Due to the Conversion of Commanditaire Venotschap to Limited Liability Company Ang Vincent Lawrence Angelo Sendow
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.v2i1.176

Abstract

The company takes an important part of the social life of the community. In order to carry out its business activities, the parties granted the freedom to conduct business individually or through a business entity. One form of business entity that is still alive which is oftenly used is through a Commanditaire Vennotschap (CV). As the time goes by, the existence of the CV is deemed no longer able to meet the demands arising from the development. This triggered the desire of the parties to change the form of business from CV into a legal entity. Limited Liability Company or in Indonesia called as “Perseroan Terbatas (PT)” becomes the main choice by the entrepreneurs. The conversion of a CV into a PT is a step that can be taken by the entrepreneurs. The conversion of the CV into a PT is possible to be carried out without having to terminate the CV in advance as the termination of the CV will have impacts on the agreement it has made to be settled on that time, whereas on the other hand the agreements that have been made have not yet expired or done.
The Use of Indonesian Formal Language in the Process of Legislative Drafting in Accordance With Law Number 12 Of 2011 Rati Riana; Muhammad Junaidi
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.v2i1.177

Abstract

The character of civil law law that gave birth to the form of written law perceived that the law relies on the text of the written text, so it is possible to misinterpret the interpretation or multiple interpretations of articles or regulations because of wrong in understanding the language. This will impact on law enforcement less than the maximum. The use of standard language is one solution to avoid multiple interpretations in understanding the essence of language in the realm of law. This type of research is qualitative research. The data source is the document of Law Number 12 of 2011 on the Establishment of Legislation. The analysis is conducted on the use of standard Indonesian language in the document to meet its accordance with the rules of the standard language. In addition to the document, the analysis was also conducted on the results of the interview and the questionnaire.
The Law of Judiciary Power Synergizing the Positivism and Historicism Christiani Widowati; Indira Retno Aryatie
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.v2i1.179

Abstract

Judiciary Power. Indonesia applies Civil Law System; that considers legislation as the primary legal source. Preferring legislation as a legal source is one characteristic of positivism. The Civil Law System, however, mentions that judges are obligated to see the values in society if the legislation does not set for that. It implicitly refers to societal law, including common Law. Taking the common law as a legal source is the characteristic of historicism as well; mentioning that the soul of a nation (volkgeist) derives from the values living in society. Basically, these two schools are contradictory to one another in their perspective of law. Positivism sees that state-made law is the only applied law. The law of Judiciary Power synergies between these two schools and takes a common low as a legal source for judges to make a decision.
The Legality of Border Shifts Due to Coastal Reclamation Dita Birahayu
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.v2i1.180

Abstract

Based on Declaration of Djuanda, it declared that Indonesia maritime was defined as the entity of the Republic of Indonesia (NKRI), and thus, Indonesia is known as an archipelagic country with a very broad maritime territory directly adjacent to 10 neighboring countries. However, it poses a lot of potential maritime boundary conflict. Supported by this current advanced science, both artificial islands and coastal reclamation were being carried out. Singapore is one having a reclamation named Jurong Island, and it is very close to the territory of NKRI. As an independent country, Indonesia is attempting to protect its territory by having a diplomatic negotiation with Singapore in order to decide the legal certainty over their maritime borders, especially in east area. In addition, they need to define the legal status of that reclaimed island. Based on UNCLOS 1982 article 11 and 80, the legal status of the reclaimed island may not threaten the sovereignty of NKRI as its presence does not change the maritime territory of a country, and it has been agreed in the previous agreement.
Smart City: Opportunities and Challenges in Public Services and Its Relation to The Protection of Rights and Privacy in Big-Data Era Kukuh Tejomurti; Padma Widyantari
Hang Tuah Law Journal VOLUME 2 ISSUE 2, OCTOBER 2018
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v2i2.181

Abstract

This article investigates Smart City program with the utilization of internet technology that government assumes as means to solve problems every city encounters, such as traffic jam, retribution, public security, and trash dumping. To provide public service, Smart City collects and manages personal data information of citizens from the intended city and puts it into a Big Data base. This program with Big Data technology has been successful addressing problems in cities. On the other hand, a consequence on how to protect public’s electronic-based personal data should be taken into account as well. Collecting, Processing, and Saving Information of public personal data may carry on particular risk, including violation on individual’s rights and privacy, when it is not well managed and set under a very clear policy, especially when its big data server is outside the territory of Indonesia. In general conclusion, the government needs to enact a regulation in constitutional and national level and/or regional regulation which specifically sets on how to prevent the misuse of electronicbased personal data and what law that regulates any violation against individual rights and privacy, as well as a regulation called privacy by design.
The Legal Status of Jerusalem in Israel-Palestine Conflict After Donald Trump’s Statement: In Terms of International Law Ernest Nasarius Firmandani
Hang Tuah Law Journal VOLUME 2 ISSUE 2, OCTOBER 2018
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v2i2.182

Abstract

Jerusalem is a holy city for three celestial religions involved in Arab-Israeli conflict, which has lasted for approximately 70 years. Due to its strategic geographical conditions, Jerusalem is taken into account in politic, economy, and security affairs. Since 1967, the status of Jerusalem has been de facto occupied and controlled by Israel, not clearly de jure. The UN established the UN General Assembly Resolution 181 on the division of Palestinian territory. However, Israel did not comply with that. Such tension became further heated after the US President, Donald Trump, in his statement on December 2017, formally recognized Jerusalem as the capital city of Israel. This decision evoked discontent from leaders across the world as it threatened the stability across region and destroyed the prospect of achieving peacefulness between Israel and Palestine. Although this statement is a form of recognition of sovereignty, it is considered against the principle of estoppel.

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