cover
Filter by Year

Analysis
Hang Tuah Law Journal
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.
Articles
31
Articles
THE LEGAL STATUS OF JERUSALEM IN ISRAEL-PALESTINE CONFLICT AFTER DONALD TRUMP’S STATEMENT: IN TERMS OF INTERNATIONAL LAW

Firmandani, Ernest Nasarius ( Hang Tuah University )

Hang Tuah Law Journal VOLUME 2 ISSUE 2, MAY-OCTOBER 2018
Publisher : Universitas Hang Tuah

Show Abstract | Original Source | Check in Google Scholar |

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.

THE USE OF FORCE MAJEURE BY ATTORNEY AGAINST TAXATION CRIME

Hamzah, Adnan ( Hasanuddin University ) , Saidi, Muhammad Djafar ( Hasanuddin University ) , Ilyas, Amir ( Hasanuddin University )

Hang Tuah Law Journal VOLUME 2 ISSUE 2, MAY-OCTOBER 2018
Publisher : Universitas Hang Tuah

Show Abstract | Original Source | Check in Google Scholar |

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. 

RESOLUTION FORUM OF SYARIAH EKONOMY DISPUTE

Zaenah, Zaenah ( Airlangga University )

Hang Tuah Law Journal VOLUME 2 ISSUE 2, MAY-OCTOBER 2018
Publisher : Universitas Hang Tuah

Show Abstract | Original Source | Check in Google Scholar |

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 non-litigation 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

Tetuko, Bondan Bayu ( Airlangga University )

Hang Tuah Law Journal VOLUME 2 ISSUE 2, MAY-OCTOBER 2018
Publisher : Universitas Hang Tuah

Show Abstract | Original Source | Check in Google Scholar |

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

Hazanah, Zulfa Ul ( Airlangga University ) , Deviyanti, Putu Ari Sara ( Airlangga University ) , Pettalolo, Descamvri Intan Zams ( Airlangga University ) , Lucia, Merlyn ( Airlangga University ) , Wenas, Terecia ( Airlangga University )

Hang Tuah Law Journal VOLUME 2 ISSUE 2, MAY-OCTOBER 2018
Publisher : Universitas Hang Tuah

Show Abstract | Original Source | Check in Google Scholar |

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.

SMART CITY: OPPORTUNITIES AND CHALLENGES IN PUBLIC SERVICES AND ITS RELATION TO THE PROTECTION OF RIGHTS AND PRIVACY IN BIG-DATA ERA

Tejomurti, Kukuh ( Sebelas Maret of University ) , Widyantari, Padma ( Sebelas Maret of University )

Hang Tuah Law Journal VOLUME 2 ISSUE 2, MAY-OCTOBER 2018
Publisher : Universitas Hang Tuah

Show Abstract | Original Source | Check in Google Scholar |

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 electronic-based 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 CONSEQUENCES OF CHINA’S OBJECTION AGAINST PCA’S AWARDS ON INTERNATIONAL LAW

Winardi, Winardi ( Hang Tuah University ) , Chomariyah, Chomariyah ( Hang Tuah University )

Hang Tuah Law Journal VOLUME 2 ISSUE 2, MAY-OCTOBER 2018
Publisher : Universitas Hang Tuah

Show Abstract | Original Source | Check in Google Scholar |

Abstract

South China Sea (SCS) dispute has been running for so long. The claimant states keeps endeavoring various resolutions to settle that dispute, either through reconcilement by their own choice or under several compulsory procedures provided by UNCLOS 1982 (Convention). Considering the content of UNCLOS 1982, one of the claimant states, Philippines, brought the dispute to PCA unilaterally against China which objected the jurisdiction along with its final award through official government statements and verbal notes. China was found violating International Law based on the principle of Pacta Sunt Servanda. Nine Dash Lines claimed based on Historic Rights are still retained by China. The procedures should lead to a permanent resolution by International Community to avoid any possible armed conflicts, including the likelihood that Historic Rights turned into Customary International Law.

THE AUTHORITY OF GOVERNMENT AND PT PERTAMINA ON THE PRICING OF 12-KG LPG

Rachmawati, Dina ( Airlangga University )

Hang Tuah Law Journal VOLUME 2 ISSUE 2, MAY-OCTOBER 2018
Publisher : Universitas Hang Tuah

Show Abstract | Original Source | Check in Google Scholar |

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.

THE LIABILITY OF UNILATERAL TERMINATION BY GOVERNMENT ON GOODS AND SERVICE PROCUREMENT CONTRACT

Cahyono, Anton ( Surabaya University ) , Nugraheni, Ninis ( Hang Tuah University )

Hang Tuah Law Journal VOLUME 2 ISSUE 1, NOVEMBER 2017-APRIL 2018
Publisher : Universitas Hang Tuah

Show Abstract | Original Source | Check in Google Scholar |

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.

THE LAW OF JUDICIARY POWER SYNERGIZING THE POSITIVISM AND HISTORICISM

Widowati, Christiani ( Airlangga University ) , Aryatie, Indira Retno ( Airlangga University )

Hang Tuah Law Journal VOLUME 2 ISSUE 1, NOVEMBER 2017-APRIL 2018
Publisher : Universitas Hang Tuah

Show Abstract | Original Source | Check in Google Scholar |

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.