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Hasanuddin Law Review
Published by Universitas Hasanuddin
ISSN : 24429880     EISSN : 24429899     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Hasanuddin Law Review (Hasanuddin Law Rev. - HALREV) is a peer-reviewed journal published by Faculty of Law, Hasanuddin University. HALREV published three times a year in April, August, and December. 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. The aims of this journal is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Adat Law, Environmental Law and another section related contemporary issues in l
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Articles 2 Documents
 1 
Search results for , issue "VOLUME 12 ISSUE 1, APRIL 2026" : 2 Documents clear
Aging Alone in Malaysia: Social Challenges and Legal Protections Mohd Yusoff, Jal Zabdi; Tahir, Zulazhar; Jamaluddin, Siti Zaharah
Hasanuddin Law Review VOLUME 12 ISSUE 1, APRIL 2026
Publisher : Faculty of Law, Hasanuddin University

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Abstract

According to The Japan Times, nearly 28,000 elderly individuals in Japan will die alone in the first half of 2024. This alarming trend is not unique to Japan; many countries, including Malaysia, are facing the challenges of an aging population. As Malaysia approaches becoming an aging nation, issues affecting the elderly, particularly those living alone, demand urgent attention. While not all elderly people face the same circumstances, some enjoy stable finances or live with their family, while others live in isolation due to various factors, such as remaining unmarried, widowhood, or estranged familial ties. Some are simply separated by their distance from their children, who live elsewhere. The growing number of elderly individuals living alone has raised concerns about social neglect and the risk of dying unnoticed. The aim of this article is to examine the issue and challenges faced by the elderly living alone and to assess the legal framework that protect their rights in Malaysia. Using a doctrinal legal research approach, the authors examined the legal frameworks in Malaysia, Singapore and the United Kingdom on the rights and protections of elderly living alone. The findings reveal significant legal gaps in protection and social support available for elderly living alone in Malaysia. This article proposed the need to strengthen the existing legal framework, enhance social supports and foster community initiatives for elderly living alone, ensuring that no one is forgotten.
Beyond Refusal or Acceptance: Reformulating Administrative Silence in Indonesia from a Comparative French Model Mas Bakar, Dian Utami; Anna Erliyana; Dian Puji N. Simatupang; Armand Desprairies
Hasanuddin Law Review VOLUME 12 ISSUE 1, APRIL 2026
Publisher : Faculty of Law, Hasanuddin University

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Abstract

The administrative silence is constructed as a legal fiction that originated as a negative (silence as refusal) and has since developed into a positive (silence as acceptance). In European administrative law, no system operates exclusively based on one legal fiction. Both negative and positive fictions are employed with defined limitations, as in France. Conversely, in Indonesia, these fictions are considered conflicting and override each other due to complex regulations and undefined limitations, leading to ambiguity. Therefore, this article aims to reformulate the concept of administrative silence in Indonesia through a comparative doctrinal legal research approach. The findings proved that both fictions have distinct conceptual origins and should be applied in their respective contexts. Although as fiction, their implementation, particularly in cases of positive fiction, should reflect the principle of administrative law that a decision is an expression of “will.” Consequently, Indonesia should reformulate its approach by applying both fictions simultaneously with defined limitations, based on the decision type: declarative or constitutive, rather than treating them as a dichotomy. Ultimately, this article contributes to comparative administrative law by examining administrative silence in Indonesia through the relationship between negative fiction, positive fiction, and decision typology based on comparison with the French model.

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