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Hasanuddin Law Review

halrev
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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 11 Documents

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Search results for , issue "VOLUME 2 ISSUE 1, APRIL 2016" : 11 Documents clear

Reconstruction of Financing Agreement Based on the Principle of Profit and Loss in Sharia Banking Trisadini Prasastinah Usanti; Abdul Shomad
Hasanuddin Law Review VOLUME 2 ISSUE 1, APRIL 2016
Publisher : Faculty of Law, Hasanuddin University

The main purpose of this paper is to provide an analysis that with the reconstruction of the contract that is based on sharing profits and losses it will form a model contract that has Islamic values, maslahat and justice. In the practice of sharia banking in Indonesia, the financing agreement based on the principle of profit and loss sharing in form standard does not fully reflect the characteristic of the contract. Approach used is legislation approach, conceptual approach and contract approach. Legal materials consist of primary legal materials and secondary legal materials. The study is helpful in practice sharia banking, namely the model of financing contract based on the principle of profit and sharing. Standard contracts in sharia banking serve as a form of legal frame that can be reconstructed. The characteristics of the contract is based on the principle of profit and loss sharing which state is that no one is justified to get a profit without having to bear the business risk.

Religious Communal of Indigenous Peoples in Improving Economy Through Local Wisdom (A Juridical Study on Rural Credit Institution in Bali) Ibrahim, Johannes; Haykal, Hassanain
Hasanuddin Law Review VOLUME 2 ISSUE 1, APRIL 2016
Publisher : Faculty of Law, Hasanuddin University

Rural Credit Institution is a financial institution that is specifically located in Pakraman (customary villages) in Bali. The presence of Rural Credit Institution in Bali adjoined to other bank financial institutions such as Commercial Banks and Rural Banks are widespread throughout the province of Bali. Rural Credit Institutions as a financial institution acquire legality under Article 58 of Act No. 7 of 1992 in conjunction with Act No. 10 of 1998 which provides status as Rural Banks. Local wisdom that owned by Rural Credit Institutions, has the scope of business activities, the types of activities and financial transactions are limited in Pakraman as the target area. Customers who save funds or require a loan to be registered as local residents aimed at empowering communities. It is a characteristic of religious communal of Baliâ€™s people for business activities in the village. The uniqueness in the Rural Credit Institutions is the local wisdom of Baliâ€™s people that can be maintained and not be crushed by globalization.

A Critical Appraisal of the Right of Inheritance of Children Born Out of Wedlock Ajanwachuku, Michael Akpa
Hasanuddin Law Review VOLUME 2 ISSUE 1, APRIL 2016
Publisher : Hasanuddin University

The phenomenon of the so-called bastard children has growth astronomically worldwide. In Nigeria, the rights of children born out of wedlock to inherit their biological fathers who died intestate was wholly dependent on the acknowledgement of paternity. This paper attempts to unravel the recent development in the law of inheritance in Nigeria with respect to children born out of wedlock. It concludes from the review of case laws in Nigeria that there is a significant progressive development of the law in Nigeria. Absent acknowledgement of paternity, children born out of wedlock may now inherit their biological fathers if they can provide other evidence of paternity, including the use of DNA technology.

Actualization of Islamic Rules in Sharia Banking: A Review of Contemporary Issues in Jayapura, Indonesia Ingratubun, H. M. Husni T. A
Hasanuddin Law Review VOLUME 2 ISSUE 1, APRIL 2016
Publisher : Hasanuddin University

This article aims to determine the applicable of Islamic rules in Sharia Banking of Jayapura. The study was conducted in Jayapura City, Papua, Indonesia with purposive sampling techniques which involving over 90 respondents from two Islamic banks, Bank Muamalah Indonesia (BMI) and Bank Syariah Mandiri (BSM). The research also involved some knowledgeable informants to give rich related information. The data were analysed by using the frequency table with the descriptive analysis. Results of the research revealed that the actualization is still facing a wide range of issues. Firstly, most of the customers have not clear or deep understanding of profit-and-loss sharing system. Secondly, they also do not know what advantages they would get if they do transactions in the BMI and BMS Jayapura. Besides that, it also indicated that most of the BMI and BSM customers decided to be member of the banks because of their fanatics to their religion and they are afraid of breaking the Islamic rules.

Abuse of Dominant Market Position by Predatory Pricing; The Valio Case Puisto, Aarne; Alavi, Hamed
Hasanuddin Law Review VOLUME 2 ISSUE 1, APRIL 2016
Publisher : Faculty of Law, Hasanuddin University

This article analyses the competition law related to abuse of a dominant market position using strategy of predatory pricing by undertakings in the European Union and, compares the same situation to the United Statesâ€™ predatory pricing law. The purpose of this article is to survey predatory pricing as a phenomenon both within and outside the EU. Article is largely centered on the case of Valio, which is still awaiting final judgment from the Supreme Administrative Court of Finland. This case was chosen as it is extremely topical and has several unique features. The findings proved that undertakings who achieved their dominant position before the recession have significant advantage over smaller undertakings. However, they cannot necessarily afford to act on the same basis for long, which is why a model closer to that of the United States would be of benefit to control some behaviors of these undertakings. Bearing in mind that the Valio case is examined under EU law, it will be interesting to see if its judgement will be remembered as the â€˜milk fallacyâ€™ or if it will change the face of the case law as it currently stands.

Legal Policy of Legislation in the Field of Natural Resources in Indonesia Hamzah, Herdiansyah
Hasanuddin Law Review VOLUME 2 ISSUE 1, APRIL 2016
Publisher : Faculty of Law, Hasanuddin University

Given the urgency for the peoplesâ€™ interests, legislation in the field of natural resources should be treated more compared to other fields. The urgency of arrangement in the field of natural resources is not only the right of every citizen to gain access to natural resources that we have, but also provide a guarantee that Indonesiaâ€™ natural resources can still be maintained and sustained to future generations. Unfortunately, the legal policy of natural resources tends to move towards free market competition, which is on one side open domination space for both private and foreign sectors, and on the other side attempted to remove the Stateâ€™s role in the control and management of natural resources. This was strengthened by some of legislation in the field of natural resources were canceled in part or in their entirety by the Constitutional Court. In consideration of the Constitutional Court decision, explicitly confirms that the legislation product in the field of natural resources does not comply to the conditionally constitutional, where the right to â€œthe control of stateâ€ of natural resources as mandated in Article 33 of the 1945 Constitution, is an absolute and should not be omitted. A shift in the law-political direction that tends to be pro-market, influenced by several aspects: First, the market ideology that is not prevented due to lack of firmness of attitude, principle independence and sovereignty politically by the lawmakers. Second, the inconsistent application of the Indonesia law ideal that embodied in the Pancasila, the 1945 Constitution, in any formulation of laws related to the management of natural resources. Third, still neglecting the peoplesâ€™ participation, which in the process of making laws relating to the management of natural resources, they are closed to the demands of the people, so it tends to be very elitist and unresponsive to the aspirations of the Indonesian peoples.

The Development of International Law in the Field of Renewable Energy Imam Mulyana
Hasanuddin Law Review VOLUME 2 ISSUE 1, APRIL 2016
Publisher : Faculty of Law, Hasanuddin University

Energy plays a pivotal role in ensuring economic growth, social equity and live-able environment. In this regard, the non-renewable or conventional source of energy such as oil, gas and coal continue to supply the energy demand throughout the world. Nevertheless, as the awareness of the international society towards the protection and preservation of the global environment is rapidly growing, the utilization of energy resources has been gradually shifted from the non-renewable to renewable ones. Observing the international developments in the field of energy, further international legal instruments is required to be able to regulate renewable energy activities undertaken by the countries today. Although there have been a number of rules in international law, but until recently, most of these regulations is still not legally binding. Moreover, to achieve world order that uses renewable energy, international law also had to resolve some fundamental issues, namely the issue of state sovereignty and energy security.

Government Policy in the Natural Resource Management of Local Community Revency Vania Rugebregt; Abrar Saleng; Farida Patittingi
Hasanuddin Law Review VOLUME 2 ISSUE 1, APRIL 2016
Publisher : Faculty of Law, Hasanuddin University

Natural resource management is an important thing that should be done by the community for survival. Consciously of many ways in the management of natural resources has resulted in environmental damage, coupled with government policies that give permission without good supervision to entrepreneurs or private individuals in natural resource management adds a long list of environmental damage. In the last three decades, governments tend to ignore the phenomenon of legal pluralism in the legal development policy, preparation of legal instruments, as well as the implementation of the law through political neglect of the fact legal pluralism. So the product of legislation, especially those that set natural resource management, normatively ignore and displace the rights of indigenous peoples and local over control, management, and utilization of natural resources. Moreover, with deprivation of the rights of indigenous peoples’ customary rights and the implementation of development without taking into consideration the pattern of spatial planning, more and enlarge the conflict between the government and society.

The Problematic of Small-Scale Land Acquisition (Less than 5 Hectares) for Public Interest Development Donna Okhtalia Setiabudhi
Hasanuddin Law Review VOLUME 2 ISSUE 1, APRIL 2016
Publisher : Faculty of Law, Hasanuddin University

Land acquisition for public interest development is stipulated in Act No. 2 of 2012 concerning Land Acquisition for Development of Public Interest. One arrangement of land acquisition in legal substances that have been formed are small-scale land acquisition (less than 5 hectares), but it is still governed by very vague and thus susceptible to the multi-interpretation and raises doubts in its implementation. This paper discusses the problematic that arise due to unclear regulations concerning small-scale land acquisition and to provide solutions to these problems. Based on the discussion the authors concluded first, the problematic of small-scale land acquisition is the arrangement of land acquisition that is so vague that there is no clarity regarding the procedures for determining of location, the phase of land acquisition, which excludes public consultation, there is no regulation regarding preventive measures against the impact for the community around location of land acquisition. Second, the solution could be found to this problem is a regulation of small-scale land acquisition should ideally be regulated more comprehensively considering that small-scale land acquisition allows the emergence of adverse effects for the community around location of land acquisition so that the stages of planning and preparation that is set for the large-scale land acquisition is similarly applied for small-scale.

The Possibility of Vice-Presidents’ Authority Arrangement in the 1945 Constitution through Constitutional Amendment Fajar L. Suroso
Hasanuddin Law Review VOLUME 2 ISSUE 1, APRIL 2016
Publisher : Faculty of Law, Hasanuddin University

The debate over the vice-presidents’ authority reappeared in the administration of President Jokowi after the “authority expansion of the Chief of Presidency Staff” and the case of “Rizal Ramli vs Jusuf Kalla”. This article is intended to provide arguments for the idea of some parties to organize more explicit and detailed the authority of vice-president in the 1945 Constitution. The idea arises from the absence of further arrangement on the authority of vice-president in the 1945 Constitution. This article is systematized into 3 (three) sub-theme; 1) the arrangement of the vice-presidents’ authority in the constitution for several countries; 2) The authority of the vice president according to the 1945 Constitution, and 3) New resultant and the possibility of 1945 Constitution amendment. The result revealed a number of interesting things; 1) the constitutions of other countries do not specify the authority of the vice-president and put the vice-president as a “spare tire” when the president is absent; 2) no new resultant about the position and authority of the vice-president so that theoretically is not reason enough to regulate in detail the authority of the vice-president through the 1945 Constitution amendment; 3) arrangement in detail in the authority of vice-president in the 1945 Constitution holds the potential to confuse the presidential system design as the 1945 Constitution. Therefore, the possibility of vice-presidents’ authority arrangement in the 1945 Constitution through amendment is very small, both in terms of momentum and the substance of issues.

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Home Page

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Editorial Team

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Contact Name Ahsan Yunus

Contact Email ahsan.yunus@gmail.com

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Location Kota makassar, Sulawesi selatan INDONESIA

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Contact Name
Ahsan Yunus

Contact Email
ahsan.yunus@gmail.com

Phone
-

Journal Mail Official
hasanuddinlawreview@unhas.ac.id

Editorial Address
-

Location
Kota makassar,

Sulawesi selatan

INDONESIA