Hang Tuah Law Journal
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Published By Universitas Hang Tuah

2549-2071, 2549-2055

2020 ◽  
Vol 4 (1) ◽  
pp. 82
Author(s):  
Yuswanto Yuswanto ◽  
Marlia Eka Putri ◽  
Ade Arif Firmansyah

This study aims to create an ideal pattern of local regulation to create competitive coastal tourism in West Coastal Village. By using doctrinal/normative research methods which mainly analyze secondary data consisting of: primary legal materials, secondary legal materials and tertiary legal materials, the regional regulation patterns will be constructed which are ideal for realizing competitive coastal tourism in West Coastal Village. The stages of the research to be carried out are divided into three parts as follows: first, identifying and inventorying the laws and regulations relating to the implementation of tourism; secondly, evaluating and drafting an academic manuscript regarding the implementation of tourism; thirdly compose the ideal regional regulation pattern to realize competitive coastal tourism in the West Coast Regency. The results showed that the ideal local regulation pattern for realizing competitive coastal tourism in West Coastal Village contained the following minimum content material: namely: general provisions; principles and objectives; policies and strategies; establishment of a competitive beach tourism area; development of competitive coastal tourism areas; implementation and control; closing.


2020 ◽  
Vol 4 (1) ◽  
pp. 71
Author(s):  
Marina Ayusta Amindya Putri

<p>Credit is the banking service that would require the colletral agreement of pledge assets to give the creditor a sense of security in case the debtor would not be able to pay the loan based on the agreement. After it is proven that the debtor could not pay the amount agreed on the agreement, then the pledge assets will go for a public auction by the creditor. The provit of the auction then will be used to pay off the amount of money that the debtor owed to the creditor. For instance, the debtor would need to walk away from the pledge assets including their house and other assets in connection to the loan but more often than not, the debtor choose to stay in the buildings they signed as the pledge assets for the amount of money they owe and refuse to walk away from it. Though legally, the buildings that are being written as the pledge assets are essentially forefeitable for the auction to be bought by the buyer for the profit of the creditor. Once they are sold on the auction, they are the property of the buyers instead of the owner who owed the creditor. Thus, this paper questions about the legal steps that can be taken by the creditor and buyers on the emptying of the buildings as the object of collateral based on legal facts, literature, and the law. The paper aims to give a solution on how the object collateral dispute can be solved and the buyers can get what they bough on the public auction.</p>


2020 ◽  
Vol 4 (1) ◽  
pp. 63
Author(s):  
Elfan Winoto

<p>Abortion is the fifth highest cause of maternal mortality. Legal abortions are called <em>abortus provocatus medicinalis</em> and those that are illegal are called <em>abortus provocatus criminalis</em>. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.</p><p>This legal research uses a juridical normative with a conceptual and legislative approach.</p><p>The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.</p><p>The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.</p><p> </p><p>Abortion is the fifth highest cause of maternal mortality. Legal abortions are called <em>abortus provocatus medicinalis</em> and those that are illegal are called <em>abortus provocatus criminalis</em>. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.</p><p>This legal research uses a juridical normative with a conceptual and legislative approach.</p><p>The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.</p><p>The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.</p>


2020 ◽  
Vol 4 (1) ◽  
pp. 54
Author(s):  
Qisthina Armalia Hirzi ◽  
Ani Setiawati ◽  
Afdol Afdol

<p align="left"><strong><em><span style="font-size: medium;"><span style="font-family: Times New Roman;">Abstract</span></span></em></strong></p><p><span style="font-family: Times New Roman; font-size: medium;"> </span><em>The research </em><em>with the title of</em><em> "</em><em>The Position of Murtad’s Widow in the Distribution of Inheritance from the Testator (Husband)</em><em>", with the problem of an apostate wife, so that it is necessary to question the right of an apostate widow to the </em><em>inheritance</em><em> of the </em><em>testator</em><em> (husband), related to the obligatory will. Research based on legislation and case studies can obtain a conclusion that obligatory wills are known in Islamic law given to people who are not </em><em>the </em><em>heirs because there is no blood relationship with the testator or because he is an heir but for some reason, it is not recognized as an </em><em>heir of the</em><em> inheritance. People who have close relations with the testator but are not heirs because there is no blood relationship with the heir, including the adopted child. Widows according to Islam</em><em>ic</em><em> Law Compilation Book are </em><em>the </em><em>heirs, although not because of blood relations, if the widow is an apostate, then she is not as an heir, therefore the widow gets a part of the heir's assets but in the form of a mandatory will.</em></p><p><em> </em></p><p> </p>


2020 ◽  
Vol 4 (1) ◽  
pp. 40
Author(s):  
Maheswara Perbawa Sukawati

<p>Abstract: </p><p><em>Artificial Intelligence is one of the sector in Revolution Industry 4.0 that become serious topic to discuss in every countries in the world including the European Union itself. They believe that Artificial Intelligence can make the good benefit for the society, however the using of Artificial Intelligence usually make a negative impact for the society therefore the European Union made some Policy about the Artificial Intelligence to support about the Revolution Industry 4.0. The Policy about Artificial Intelligence have the purpose to regulate about using Artificial Intelligence in European Union basically for the members, everything about Artificial Intelligence have the relation with the Technology that have been develop nevertheless everything about technology, internet, computer, and data have already regulated in Convention on Cyber Crime Budapest 2001 therefore everything about Artificial Intelligence including the Policy of Artificial Intelligence in European Union have to related with the Convention on Cyber Crime.</em></p>


2020 ◽  
Vol 4 (1) ◽  
pp. 23
Author(s):  
Yoga Partamayasa ◽  
Rafiqi Anjasmara

<p>Oil and gas are non-renewable types of natural resources. On the other hand, in the current era human dependence on oil and gas is very high. To meet Indonesia's national needs for natural resources, Article 33 of the Indonesian Constitution has mandated that "the earth, water and natural resources contained therein be controlled by the state for the greatest prosperity of the people." But in its development the distribution of welfare over natural resources, especially oil and gas, has not been able to be well distributed in Indonesia. The "Jakarta Sentris" concept is still the basis for distributing natural resources, especially oil and gas. This makes regions that are rich in natural resources not necessarily have prosperous people and not necessarily high-income areas. Therefore, legal reform is needed in the field of oil and gas management by regions in Indonesia.</p>


2020 ◽  
Vol 4 (1) ◽  
pp. 14
Author(s):  
Yusuf Nur Arifin

<p>The MV Hai Fa case has taken the public's attention for almost the last 5 years after the court ruling was issued by the Ambon Court. MV Hai Fa was declared proven to have captured 15 tons of spike shark (<em>Carcharhinus spp</em>) and hammerhead shark (<em>Sphyrna lewini</em>) which are some of the protected species of marine animals as stated in the Minister of Maritime Affairs and Fisheries Regulation Number 59 of 2014 concerning Prohibition of Fish Expenditures Cowboy sharks (<em>Carcharhinus spp</em>) and hammerhead sharks (<em>Sphyrna lewini</em>) outside the territory of the Republic of Indonesia and violating Article 100 in conjunction with Article 7 paragraph (2) letter m law No. 45 of 2009 concerning amendments to Law No.31 of 2004. This study uses normative legal research methods with a case, concept, law and comparison approach with the aim of knowing and analyzing the law enforcement process against illegal fishing cases by MV Hai Fa in Indonesian waters as well as analyzing comparative reviews of national law and international law in MV Hai Fa case and the government system owned by Vietnam and Australia. The results of the study concluded that the need for a government institution which is appointed by the President could carry out full coordination and supervision until the judicial process and that the revision of fisheries law which has more severe sanctions were adjusted to international law and the material and immaterial losses caused by the crime.</p>


2020 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Nurainun Nurainun ◽  
Raditya Afrisal Hidayat ◽  
Mohammad Syaifur Rijal ◽  
Dennis Darmawan Jo ◽  
Petrus Avelino F.T

<p>Currently refugee issues have become a concern for every country. It was marked by the existence of the 1951 Refugee Convention to overcome this problem. However, Indonesia is not a party to that Convention, there is no article mention about refugees’ permits in Immigration Law. To grant their own status are the authority of UNHCR through their representatives who are placed in the Immigration Office. When refugees are crossing the countries without carrying identity cards these refugees are arrested by the State security apparatus. The method used in this study is a normative juridical research method. The results of this study indicate that the permits for refugees is not known in the Immigration Act, it does not mean that Indonesia can expel refugees to their home countries. Where refugees must be protected by all countries.</p><p> </p><p> </p>


2020 ◽  
Vol 3 (2) ◽  
pp. 180
Author(s):  
Muh Abdul Qudus

<p>Problems related to human rights in Indonesia are criminal acts of human trafficking committed by corporations. Trafficking in persons is a modern form of human slavery and is also one of the worst forms of treatment of violations of human dignity. However, the development has difficulties with law enforcement related to corporations that commit criminal acts of trafficking. The research method used is a normative juridical research method using secondary data to be analyzed qualitatively. The results of this study show that corporations as subjects of criminal law can be equated with humans, because there are rights and obligations given by law and therefore corporate skills are also equated with human skills. Regulations regarding corporate responsibility are regulated in Law Number 21 of 2007 concerning Eradication of Criminal Act of Human Trafficking, corporations can be held liable if they commit criminal acts of trafficking by fulfilling the requirements of criminal liability in general such as the ability to be responsible, mistakes and intentions, absence of matters that are used as reasons for criminal offenses.</p>


2020 ◽  
Vol 3 (2) ◽  
pp. 202
Author(s):  
Hari Sutra Disemadi ◽  
Paramita Prananingtyas ◽  
Ratna Kumala Sari

<p>In Indonesia doing business with the concept of franchising in various fields is currently very popular among the people. Doing business with the concept of franchising is desirable because in addition to being seen in terms of profits and various ease of doing business offered by the franchisor to the franchisee. Franchising is based on an agreement called a franchise agreement, but there are not a few legal problems that arise with the existence of the franchise agreement. Based on this, this research aims to find out the form of arrangement of the franchise agreement and legal protection for the parties in the franchise agreement. The normative juridical method is the method used in this study. This method is intended to analyze the legal materials related to the arrangements in the franchise agreement and legal protection for the parties in Indonesia. This study addresses the franchise business agreements including agreements that are not well-known or innocent and legal protection carried out further regulated in the Republic of Indonesia's Minister of Trade Regulation Number 53/M-DAG/PER/8/2012 regarding Franchising. The legal status of the parties in the franchise agreement in force in Indonesia is independent.</p>


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