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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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Resolution Forum of Syariah Ekonomy Dispute Zaenah
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.v2i2.183

Abstract

Both No. 93/PUU-X/2012 and PERMA No. 14 Year 2016 regulate a forum of resolution for syari’ah economy disputes, particularly the dispute that arises in a contractual relationship between syari’ah banks and their customers, whether in litigation or nonlitigation setting. The development of syari’ah banking is still far due to the pressure of globally financial and economy crisis. Therefore, it is the best moment to pursue the development and progress of syari’ah banking by exhibiting the advantages of Islamic economy system that has competence to compete with the convensional ones, especially in terms of customer security assurance in the process of seeking for business dispute resolution which may possibly happen. Such process, however, remains in syari’ah corridor with kaffah and istiqomah attributes. For people in syari’ah business, all the transactions they do should be under the provisions of syari’ah regulation. An appropriate forum to seek for syari’ah economy dispute resolution is through mediation, given that it is the best one and more reflecting the values of Islam.
The Implications of The Existence of The Alleged Criminal Acts of Corruption Towards the Implementation of The Construction Contract Bondan Bayu Tetuko
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.v2i2.184

Abstract

Construction contracts are civil relations, and is an agreement, principle principle in Book III Civil Code, and in construction contracts are generally used for the achievement of common goals. Fulfilling the needs of goods and services is an important part of governance, In connection with this the emergence of negative implications on the problem of the neglect of construction services in the process constrained indications of corruption. Contract cancellation stage in legal doctrine in Indonesia is only limited to contract and pre contract phase but also possible in the implementation phase by considering the principle of presumption of innocence as well as the principle of legal certainty, the implementation of construction contracts should proceed accordingly without having to override the legal process that runs from parties that are indicated to be corrupt. In the event that the construction contract is carried out in accordance with the basic principles of government procurement of goods / services that are efficient, effective, open and competitive, transparent, fair and accountable, in order to achieve development goals equally and in accordance with the mandate of the constitution of the Republic of Indonesia.
Claim For Compensation of Utilizing E-Mail Personal Data Under Act No. 19 Year 2016 About the Electronic Transaction and Information Zulfa Ul Hazanah; Putu Ari Sara Deviyanti; Descamvri Intan Zams Pettalolo; Merlyn Lucia; Terecia Wenas
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.v2i2.185

Abstract

Personal data in electronic mail needs to be protected. Any collection and dissemination of personal data is classified into violation against individual’s privacy, as personal right involves the rights of determining, providing, or not providing personal data. Private data is a high-valued economy asset or commodity. This far, however, the protection on individual’s personal data in Indonesia is not set under a specific regulation, and thus evoking various issues against private right, in particular to personal data. The personal data discussed in this study is related to electronic one, especially electronic mail, and this refers to Act No. 19 Year 2016 about the Amendment of Act No. 11 Year 2008 about Electronic Transaction and Information. Nevertheless, it solely has restricted regulation on personal data, while the issue of utilizing individual’s personal data is increasing. This paper discusses the concept of personal data in terms of electronic mail along with the regulation of its utilization. The result shows that the concept of personal data in electronic mail is specifically extensive, involving the scope of private information and communication.
The Use Of Force Majeure By Attorney Against Taxation Crime Adnan Hamzah; Muhammad Djafar Saidi; Amir Ilyas
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.v2i2.186

Abstract

This study aimed to see the effectiveness of using force majeure along with the challenges the attorney might encounter against taxation crime. It was a normative study with statute and case approaches. The study was conducted in High Prosecutor General office in Makassar and Directorate General of Tax South Sulawesi. The result showed that the force majeure by attorney against taxation crime might be applied in the form of detention to complete particular documents and conduct an additional investigation before filing the case to the court. The challenges in implementing the force majeure by attorney against taxation crime might come from legal and non-legal factors. The former involved confusing phrase of ‘investigation termination’ by attorney and the light different view on state financial losses between under Corruption Law and under General Act of Taxation, and the later involved the professionalism of attorney and information transparency.
The Authority of Government and PT Pertamina On the Pricing of 12-Kg LPG Dina Rachmawati
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.v2i2.187

Abstract

In 2004, the price of 12-kg LPG in Indonesia fluctuated within a week. According to BPK report between 2011 and 2012, Pertamina lose 77 Trilion rupiahs in LPG sales. As a state-owned company, Pertamina decided to increase the LPG price up to 68% from the current price. The government acts to regulate the LPG price twice in a week resulting in a huge margin for agent and consumer. However, it is clearly interesting to see the boundaries of authority between PT Pertamina and Government in ricing 12-kg LPG for people. The Ministrial Regulation of Energy and Mineral Sesources No.26 year 2009 should be revised as it is against the above regulation or ‘lex posteriori derogat legi inferiori’. The regulation against this regulation includes Act No. 22 year 2001, In accordance to all of the regulations mentioned here, government should regulate things with effect on many people needs in society. This research aims to analyze how is the government’s responsibility on public interest and people live. And basically, the state is responsible to concern on what its people need in order to conduct a competitive economy.
Economic and Legal Issues in Challenges of Energy Sector: A Global and India Perspective Kumar, Akhilesh
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.v7i2.188

Abstract

Energy occupies a dominant role in the economic development of any country in the world. Energy sources in many countries currently rely heavily on non-renewable energy supplies. Many countries depend on non-renewable energy as a source of energy generation although recently world scientists are no longer involved in looking for ways and means to produce renewable energy. This article is an attempt to examine the legal and economic issues related to the generation, transmission and distribution of energy by comparing other energy policies with India in particular. The research method is normative juridical with statutory, conceptual and comparative approaches. The results of the study show that the global energy sector is a tapestry of diverse challenges, influenced by factors such as energy sources, geopolitical considerations, and economic development levels. India, as one of the world's most populous and rapidly developing nations, faces its unique set of challenges, including the need for energy security, sustainable growth, and environmental stewardship. India ought to begin utilization of feasible energy which neither hampers its monetary development nor impact the climate, and needs to haggle between decreasing its fossil fuel by-product to reanable product. India's journey in this sector is emblematic of the broader global trends, with its unique characteristics adding depth to the narrative. As the world strives for a sustainable energy future, collaborative efforts, innovation, and adaptive legal frameworks will be essential to addressing the myriad challenges that lie ahead.
The Bankruptcy Characteristics of Cooperative Legal Entities Rachmat Suharto
Hang Tuah Law Journal VOLUME 3 ISSUE 1, APRIL 2019
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v3i1.193

Abstract

This study aims to determine the construction of bankruptcy law associated with the characteristics of cooperative legal entities. The approach used is a statutory approach, a conceptualapproach, and case approach. The source of legal material consists of primary legal material and secondary legal material. The results of the study show that Cooperative legal entity is an activity carried out by a group of people or groups that prioritize family-based activities, cooperation, mutual cooperation based on equality, rights and obligations to achieve common goals, namely the welfare of all cooperative members. cooperatives, namely the social dimension and economic dimension, namely achieving prosperity through cooperation and mutual cooperation that works based on the ideal foundation, structural foundation and operational foundation. In the event of bankruptcy, the filing of cooperative bankruptcy should be carried out by the Ministry of Cooperatives after the efforts of guidance and supervision by the Ministry of Cooperatives.
The Analysis on Combination Indemnity Claims Upon the Cancellation Act of Unilateral Agreement Sarfia Nengsih; Eliza Maureen Kristianto; Riski Pebru Ariyanti
Hang Tuah Law Journal VOLUME 3 ISSUE 1, APRIL 2019
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v3i1.194

Abstract

In reality, there is a possibility that a party unilaterally canceled (before the agreement is implemented). This course can be detrimental to others, on the basis of which the aggrieved party should be able to claim compensation. To make demands, it needs the right legal basis. Whether it isa default or illegal act. There are major differences in claims on the basis of default and claims based on illegal acts. Because there is a difference between claims for compensation in default and illegal acts, a study of agreement cancellation is needed unilaterally. Merging claims against law and default agreements is possible because it does not conflict with the law and in accordance with the jurisprudence and the opinion of Supomo that the claim merger requires a close relationship (innerlickesamenhangen). As a result of the law being granted, the merging claims of unlawful conduct and default in the aforementioned decision, the judge sentenced the Defendant for the act against the law and Default to the Defendant to pay material compensation which is obviously suffered and the Immaterial loss in the form sum of money payment.
He Authentic Deed Versus the Private Deed in The Case of New Traders Turi Market Gideon Johanes Suryanda
Hang Tuah Law Journal VOLUME 3 ISSUE 1, APRIL 2019
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v3i1.195

Abstract

This article discusses about the private deed of the Turi Market’s new developer with Surabaya City Government that can defeat the authentic deed that is owned by new Turi Market traders. The incident began when Turi Market caught fire in 2007, this great fire damage most Turi Market. Many dealers who sell cheap their booth that hasn't burned for venture capital. Traders and shoppers booth could not make transactions normally because the head of Turi Market dismissed, then they had to use a notarial deed in selling booth. Problems arise in 2012 when the Turi Market has finished construction and opened registration for old traders. Notarial deed belong to new traders are not recognized by the developers of the new Turi Market. The trader who has a book registration but the name is different from the owner, then the cost price of the initial regimen prescribed. This led to heavy losses and make the new Turi Market have recently become much quiet. Surabaya City Government should also act to help resolve this problem by creating regional regulations to resolve this issue.
Implementation Of Article 21 Of Corruption Eradication Act on Advocates Performing Their Professional Function Nurul Hudi
Hang Tuah Law Journal VOLUME 3 ISSUE 1, APRIL 2019
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v3i1.198

Abstract

The research problem of this study is the implementation of Article 21 of Act No. 31/1999 in conjunction with Act No. 20/ 2001 concerning Corruption Eradication on Lawyers performing their profession as legal advisors. It is due to the fact that it is not allowed to prosecute advocates who perform their profession, given their right to immunity. The method used in this study is normative juridical method, referring to the acts of legal regulation as mentioned in legislation, particularly those related to corruption cases, given the implementation of article 21 of Act 31/ 1999 jo 20/ 2001 that concerns on corruption as crime. Conceptual and legislation approaches are both used. The result shows that the implementation of article 21 that deals with corruption eradication may also be well conducted on which advocates do their role to take action against corruption while performing their profession.

Page 9 of 14 | Total Record : 132

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