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INDONESIA
Hang Tuah Law Journal
ISSN : 25492055     EISSN : 25492071     DOI : -
Core Subject : Social,
Hang Tuah Law Journal is an peer-review journal published by Faculty of Law, Hang Tuah University twice a year in April and October. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. This journal was created as a space for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics in the fields of 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 : -
Articles 41 Documents
THE LIABILITY OF UNILATERAL TERMINATION BY GOVERNMENT ON GOODS AND SERVICE PROCUREMENT CONTRACT Cahyono, Anton; Nugraheni, Ninis
Hang Tuah Law Journal VOLUME 2 ISSUE 1, APRIL 2018-SEPTEMBER 2018
Publisher : Universitas Hang Tuah

Show Abstract | Original Source | Check in Google Scholar | Full PDF (417.403 KB) | DOI: 10.30649/htlj.v2i1.38

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.
Adaptation of Contract Models of Oil and Gas: A Comparative Study Husna, Cut Asmaul; Hastuti, Lina; Prihandono, Iman
Hang Tuah Law Journal VOLUME 1 ISSUE 1, APRIL 2017-SEPTEMBER 2017
Publisher : Universitas Hang Tuah

Show Abstract | Original Source | Check in Google Scholar | Full PDF (468.942 KB) | DOI: 10.30649/htlj.v1i1.9

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.
CORPORATE LIABILITY ON THE CRIME OF PRODUCING, DISTRIBUTING, AND UTILIZING NON-STANDARD VACCINES Akbar, Achmad Ardiansyah
Hang Tuah Law Journal VOLUME 1 ISSUE 2, OCTOBER 2017-MARCH 2018
Publisher : Universitas Hang Tuah

Show Abstract | Original Source | Check in Google Scholar | Full PDF (395.474 KB) | DOI: 10.30649/htlj.v1i2.27

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.
THE LAW OF JUDICIARY POWER SYNERGIZING THE POSITIVISM AND HISTORICISM Widowati, Christiani; Aryatie, Indira Retno
Hang Tuah Law Journal VOLUME 2 ISSUE 1, APRIL 2018-SEPTEMBER 2018
Publisher : Universitas Hang Tuah

Show Abstract | Original Source | Check in Google Scholar | Full PDF (537.868 KB) | DOI: 10.30649/htlj.v2i1.44

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 Principles of Zakat and Tax Upon the Time of Rasulullah SAW. Septiandani, Dian; Shomad, Abd.
Hang Tuah Law Journal VOLUME 1 ISSUE 1, APRIL 2017-SEPTEMBER 2017
Publisher : Universitas Hang Tuah

Show Abstract | Original Source | Check in Google Scholar | Full PDF (442.255 KB) | DOI: 10.30649/htlj.v1i1.11

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.
THE PUBLICITY PRINCIPLE IN MAKING THE DEED OF THE NUPTIAL AGREEMENT BY NOTARY Sabri, Mohammad Nizar
Hang Tuah Law Journal VOLUME 2 ISSUE 1, APRIL 2018-SEPTEMBER 2018
Publisher : Universitas Hang Tuah

Show Abstract | Original Source | Check in Google Scholar | Full PDF (428.158 KB) | DOI: 10.30649/htlj.v2i1.37

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.
GOVERNMENT RESPONSIBILITY TO PROTECT PEOPLE’S RIGHTS OVER THE CLEAN WATER Nadzir, Muhammad
Hang Tuah Law Journal VOLUME 1 ISSUE 1, APRIL 2017-SEPTEMBER 2017
Publisher : Universitas Hang Tuah

Show Abstract | Original Source | Check in Google Scholar | Full PDF (435.239 KB) | DOI: 10.30649/htlj.v1i1.8

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.
LEGAL FORMULATION OF MARRIAGE OF DIFFERENT RELIGIONS FOR THE BENEFIT OF SOCIETY Septiandani, Dian; Triasih, Dharu; Muryati, Dewi Tuti
Hang Tuah Law Journal VOLUME 1 ISSUE 2, OCTOBER 2017-MARCH 2018
Publisher : Universitas Hang Tuah

Show Abstract | Original Source | Check in Google Scholar | Full PDF (361.625 KB) | DOI: 10.30649/htlj.v1i2.26

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
THE USE OF INDONESIAN FORMAL LANGUAGE IN THE PROCESS OF LEGISLATIVE DRAFTING IN ACCORDANCE WITH LAW NUMBER 12 OF 2011 Riana, Rati; Junaidi, Muhammad
Hang Tuah Law Journal VOLUME 2 ISSUE 1, APRIL 2018-SEPTEMBER 2018
Publisher : Universitas Hang Tuah

Show Abstract | Original Source | Check in Google Scholar | Full PDF (450.871 KB) | DOI: 10.30649/htlj.v2i1.43

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.
Legal Principles of Evidence on Civil Cases in Public Judiciary Handayani, Dwi
Hang Tuah Law Journal VOLUME 1 ISSUE 1, APRIL 2017-SEPTEMBER 2017
Publisher : Universitas Hang Tuah

Show Abstract | Original Source | Check in Google Scholar | Full PDF (455.189 KB) | DOI: 10.30649/htlj.v1i1.13

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.