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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 10 Documents

Search results for , issue "VOLUME 2 ISSUE 2, AUGUST 2016" : 10 Documents clear

Atypical Rulings of the Indonesian Constitutional Court Bisariyadi Bisariyadi
Hasanuddin Law Review VOLUME 2 ISSUE 2, AUGUST 2016
Publisher : Faculty of Law, Hasanuddin University

In deciding judicial review cases, the Court may issue rulings that is not in accordance to what is stipulated in the Constitutional Court Law (Law Number 8 Year 2011). Atypical rulings means that the court may reconstruct a provision, delay the legislation/rulings enactment or give instruction to lawmakers. In addition, the court also introduce the “conditionally (un)constitutional” concept. This essay attempts to identify and classify these atypical rulings, including conditionally (un) constitutional rulings, by examined the constitutional court judicial review rulings from 2003 to 2015. This study will provide a ground work for advance research on typical rulings by the Indonesian constitutional court.

Consumer Justice: A Symbol of Economic Prosperity and Social Progressiveness Roy, Subir Kumar
Hasanuddin Law Review VOLUME 2 ISSUE 2, AUGUST 2016
Publisher : Faculty of Law, Hasanuddin University

It is well recognized fact that consumer confidence and trust in a well functioning market for financial services promotes financial stability, growth efficiency and innovation over the long term. So protection of the interest of consumers is not merely an ethical or humanitarian issue rather it is also an issue of economy. Consumer protection demands for setting of minimum quality specification and safety standards for goods and services to curb unfair trade practices. So far the international norms are concerned it effectively contains the Bill of Rights of Consumers which help them across the globe to effectively protect their interests. Keeping in consideration about the poor bargaining position of the consumers and with an aim to ensure consumers to access non-hazardous products United Nation issued Guidelines for Consumer Protection, 1985, expanded again in 1999. The consumer justice is a facet of socio-economic justice and emanates from the basic philosophy of the Indian constitution i.e. to do justice and to strengthen the standard and status of the people of this country. It has been discussed in this article in an elaborate way about the various provisions of the Constitution and all the legislations which addresses the issues of consumers and resolve to protect their interests. But still the exploitation of Indian consumers by the dishonest traders and service providers become a routine matter and this article also scanned the reasons for the same and also provides suggestions to ameliorate the conditions of consumers. This paper is based on qualitative analysis of the information mainly obtained from secondary sources such as different books and journals as referred over here, Policy documents, existing laws, reports of United Nations, important judgments and observations of Judiciary etc.

Tudang Sipulung: A Conflict Resolution Wisdom of Bugis-Makassar Community Nuh, Muhammad Syarif
Hasanuddin Law Review VOLUME 2 ISSUE 2, AUGUST 2016
Publisher : Hasanuddin University

This article explores local wisdom âtudang sipulungâ (seated together), as conflict settlement medium of Bugis-Makassar Community of South Sulawesi, Indonesia.Tudang sipulung is one of the social institutions that owned the Bugis-Makassar South Sulawesi as a conflict resolution. Tudang sipulung was originally only known in the agricultural community in resolving conflicts related to agriculture, and developing relevant social disputes. Formally, this Tudang Sipulung accommodated by Police in South Sulawesi in the form of a forum called the Mabbulo Sibatang Communication Forum (FKMB) to resolve the conflict. FKMB essence is tudang sipulung between the government, the team of FKMB Police, religious leaders, community leaders, the parties to the dispute and sit together in solving the conflict. Some conflicts that have occurred and are resolved through conflict FKMB PTPN XIV Wajo regency with the community District Kera in Wajo regency, Conflict PTPN XIV Takalar with Gowa regency related to land use and conflict Execution University of AlâAsâyariah Mandar Polewali Mandar, West Sulawesi, Indonesia.

A Critical Analysis of Judicial Appointment Process and Tenure of Constitutional Justice in Indonesia Faiz, Pan Mohamad
Hasanuddin Law Review VOLUME 2 ISSUE 2, AUGUST 2016
Publisher : Hasanuddin University

The judicial appointment process is one of essential elements for maintaining judicial independence and public confidence of a court. This article analyses the practices of judicial appointment process exercised by three different main state institutions in selecting constitutional justice in Indonesia where the mechanism and process for selecting them have been implemented differently. It also examines the tenure of constitutional justice, which is a five-year term and can be renewed for one term only, that may lead to another problem concerning the reselection process of incumbent constitutional justices for their second term. The article concludes that the judicial appointment process and tenure of constitutional justice in Indonesia have to be improved. It suggests that if the proposing state institutions could not meet the principles of transparency, participation, objective and accountable required by the Constitutional Court Law, the judicial appointment process should be conducted by creating an independent Selection Committee or establishing a cooperation with the Judicial Commission. Additionally, the tenure of constitutional justices should also be revised for a unrenewable term with a longer period of nine or twelve years.

Legal Policy of Water Resources Management by Local Governments: A Review of Right to Water in Indonesia Astriani, Nadia
Hasanuddin Law Review VOLUME 2 ISSUE 2, AUGUST 2016
Publisher : Faculty of Law, Hasanuddin University

This study is based by the cancellation of Act No. 7 of 2004 on Water Resources by the Indonesian Constitutional Court. Over the past 10 years, the law is the basis for the water resources management in Indonesia. The cancellation of the law would provide great impact for water resources management policy, especially with regard to the provision of right to water. Hence, this study aimed to determine the legal status of Right to Water provided by the local government after the cancellation of Act No. 7 of 2014 on Water Resources. The object of this normative study includes legal principles and systematic. This is due to the focus of this study is the meaning of the right principle to ruled state in the context of realizing the peoplesâ€™ prosperity and the position of Water Resources Act as the basis for the issuance of Government Regulation and Right to Water. The results of study indicate that in order to provide legal certainty for permit holder for Right to Use Water and Right to Commercialize Water, the ministry has issued various ministerial regulations, although the nature of these regulations only fills a legal vacuum. In the case of permit to Use of Water Resources, all permits for use of water resources that use surface water issued before the decision of Constitutional Court No. 85/PUU-XI/2013 are still valid. To permit referred to it, evaluation is conducted based on 6 (six) the principles of water resources management. Request new permit are in the process or for renewal of permit to use water resources that use surface water, processed as 6 (six) principles of water resources management. Although, in order to ensure legal certainty, the government should immediately issues the Act in Lieu of Water Resources Management which will be the basis for water resources management in Indonesia.

Rule-based Dispute Settlement Mechanism for ASEAN Economic Community: Does ASEAN Have It? Koesrianti, Koesrianti
Hasanuddin Law Review VOLUME 2 ISSUE 2, AUGUST 2016
Publisher : Faculty of Law, Hasanuddin University

ASEAN Charter 2007 as â€˜constitutionâ€™ of ASEAN aims to establish ASEAN Community (AC) in 2015 that ASEAN constitutes as a rule-based organization. ASEAN Community consists of three pillars, namely, ASEAN Political Security Community (APSC), ASEAN Economic Community (AEC), and ASEAN Socio Cultural Community (ASCC). AEC will posses as the lead for the Communities. The objective of AEC is to form a single market and production base with some priority sectors. Accordingly, many economic regional organizations provide Dispute Settlement Mechanism (DSM) to resolve disputes that may arise among the member countries. The dispute mechanism aims to provide predictability and security in international trade by providing strict time-frames, and was designed to be mutually agreed by the disputing members, flexible and binding. ASEAN trade DSM is designed as a legalistic mechanism. This paper examines DSM in ASEAN, especially economic disputes in the context of international trade law. In doing so, this paper analyzes DSM provided in the ASEAN Charter by comparing to DSM in the WTO context.

Legal Standing of Coastal Reclamation: Islamic and Positive Law Perspectives Supriadi Supriadi
Hasanuddin Law Review VOLUME 2 ISSUE 2, AUGUST 2016
Publisher : Faculty of Law, Hasanuddin University

In several regions, the implementation of reclamation in Indonesia caused much conflict. At least, it caused by three interests; the interest of the government, employers, and society (fishermen). The interests of the Government and local authorities to give permission to reclaiming for the pursuit of local revenue, the interests of employers to reclaiming the coastal, because they wanted to add company’s revenues, while the interests of society (fishermen) to defend coastal areas so it not diminish their livelihood. Reclamation in Indonesia has been governed by legislation, but it has not been able to resolve the coastal reclamation. This is due to the legislation governing coastal reclamation, and local governments are ignorant of the rules concerned. In addition, the central and local governments are often tends to interest of employers rather than the fishing communities, so it triggering conflict in reclamation. Positive law as a law made by the government and legislative assembly and the local government with local legislative, a rule that was born as result of an agreement between them, and neglecting the Islamic law that was created by God to organize all the things in this world, including in the management of the universe (coastal). God as the creator of this universe, allowing to manage and utilize natural, if for the benefit of humanity as a whole, and not for those of a human. Therefore, in the implementation of reclamation, the Government and local authorities need to synergize Islamic law into positive law in resolving the problems of social and natural resources.

An Overview of the Legal framework of Advanced Fee Fraud and Cybercrime in Nigeria Mu’azu Abdullahi Saulawa
Hasanuddin Law Review VOLUME 2 ISSUE 2, AUGUST 2016
Publisher : Faculty of Law, Hasanuddin University

The paper seeks to discuss an overview on the advanced fee fraud offences as well as cybercrime in Nigerian. The aims of the paper focus on discussing the advanced fee fraud under the related provisions of Advanced Fee Fraud Act 2006 on the success of the law in addressing the practices of crimes in relation to information technology. The paper also discusses the cybercrimes in Nigeria with a brief look out on the Cybercrime (Prohibition and Prevention) Act 2015. Further, it also aims at examining the application of the law in the fraud offences which raises an issue of the regulatory framework of the cybercrime. The methodology adopted by the paper is doctrinal approach method wherein both primary and secondary sources of data were analysed, particularly the local laws and other relevant documents. The finding of the paper reveals that the relevant section of the in the Advanced Fee Fraud Act that deals with electronic communication has not been invoked. This is because the discussed relevant law under the advanced fee fraud did not in any away deal with cases concerning electronic communication under section 13. The paper recommends that there is a need to strengthen the adequacy of the legal framework on the Cybercrimes so as to checkmate such practices in Nigeria.

Corporate Social Responsibility in the Rule of Law and Welfare State Concept Busyra Azheri
Hasanuddin Law Review VOLUME 2 ISSUE 2, AUGUST 2016
Publisher : Faculty of Law, Hasanuddin University

The provision of the Law Number 40 of 2007 concerning Limited Company on Corporate Social Responsibility has changed the nature of such responsibility from voluntary into mandatory. Similarly, it strengthened welfare state (verzorgings staat) concept as commanded by Article 33 (3) and (4) of the 1945 Constitution of the Republic of Indonesia. Denaturing of this Corporate Social Responsibility is progressively assured by the Decision of Indonesian Constitutional Court, so that responsibility must be performed as legal responsibility or mandatory.

Global Cooperation in Combating Sea Piracy: The Factors behind Global Piracy Trends Radillah Khaerany; Maskun Maskun
Hasanuddin Law Review VOLUME 2 ISSUE 2, AUGUST 2016
Publisher : Faculty of Law, Hasanuddin University

The rising number of sea travel is followed by the emerging number of sea crimes such as sea piracy and maritime terrorism. In recent two decades, the number of crimes on the sea have shown an alarming figure, where areas with a dense traffic of vessels such as the Gulf of Aden and Malacca Strait becomes the hot spots for piracy crime. The main reason behind the emerging of modern piracy is the increasing number of sea transported goods which create a significant opportunity to be a huge target of crime considering the drives behind piracy is financial reason. Some area of sea piracy took place commonly in Africa and Southeast Asia.

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Home Page

OAI Link

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