Hasanuddin Law Review
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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<![CDATA[Implementation of the Death Penalty in the Perspective of Human Rights in Indonesia ]]>
<![CDATA[Sina, La]]>
<![CDATA[ Hasanuddin Law Review VOLUME 2 ISSUE 3, DECEMBER 2016 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v2i3.695
<![CDATA[The 1945 Constitution of Indonesia provides for rights to life and to remain free from torture that are fundamental human rights that shall not be curtailed under any circumstance. Since 1945, Indonesia does not regulate the protection of the right of life to the citizens. Until 1946, enacted Law No. 1 of 1946 concerning the Indonesian Criminal Code which in several provisions concerning the death penalty. Death sentences and executions in Indonesia is always debatable. However, it is still implemented and can not be avoided, unless the change of its legal provisions. This study was a normative research or doctrinal research. The results of the study shows that the provisions of death penalty in Indonesia is still enforced because have been regulated in the Criminal Code and several organic laws such as the law of terrorism, narcotics, corruption, and human rights justice. The death penalty is contrary to Article 28I of the 1945 Constitution. It has set the rights to life, so that no one may violate human rights, including the government and the country is not granted the right to revoke rights for every citizen. The Indonesian government should not impose the death penalty contained in the draft new Code, and abolish the death penalty in its organic law that had been imposed on the offenders. Preferably, the death penalty may be replaced by alternative punishment with life imprisonment, a prison within a specified time or according to the judge’s decision.]]>
<![CDATA[Comparative Study of Issuing Bankâs Obligations towards Beneficiary of the Letter of Credit under UCP and English Law ]]>
<![CDATA[Alavi, Hamed]]>
<![CDATA[ Hasanuddin Law Review VOLUME 2 ISSUE 3, DECEMBER 2016 ]]>
Publisher : <![CDATA[Hasanuddin University ]]>
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DOI: 10.20956/halrev.v2i3.259
<![CDATA[Process of international trade is complicated and risky. Risks will be more considerable when times come to deal with receiving/sending payments from/to unknown business partners in remote geographic areas. Employing documentary letters of credit (LC) is one of the ways to reduce payment risk in international business especially when partnerâs financial standing is unknown to each other. By using the LC as method of payment, parties will shift payment obligation from buyer as a natural person to the guarantee of bank as a legal person. The process of using LC is complicated and involves different players and relations between them. Amongst all relations in process of LC transaction, relation between issuing bank and beneficiary is the most complicated and least clear from legal stand point. This article tries to shed light on vague aspects of relations between issuing bank and beneficiary by studying obligations of the issuing bank towards beneficiary under the law of documentary letters of credit while comparing provisions of UCP with English Common Law on subject matter. Main objective of paper is providing answer to the question of what is the role of issuing bank in the process of LC transaction and which liabilities does it have towards beneficiary? Article consists of five main parts. Part one will provide an introduction to function and relation among different parties in process of an international LC transaction. Further, it endeavours to tap on principle of autonomy and strict compliance as governing principles of documentary letters of credit. Part two and three will take a comprehensive look at legal basis of relations between issuing bank and beneficiary, as well as bankâs obligations under documentary credit law. Part four will discuss liabilities of issuing banks towards beneficiary and finally part five will touch upon situation in which bank will right to recourse against beneficiary.]]>
<![CDATA[New Paradigm for Local Financial Management: A Review of Local Budgeting System ]]>
<![CDATA[Karianga, Hendra]]>
<![CDATA[ Hasanuddin Law Review VOLUME 2 ISSUE 3, DECEMBER 2016 ]]>
Publisher : <![CDATA[Hasanuddin University ]]>
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DOI: 10.20956/halrev.v2i3.700
<![CDATA[Fiscal decentralization gives authority to the head of region and regional parliament to manage the local budget. The outcomes of the research indicate that the Good Financial Governance principle has been subject to frequent study in its understanding as a new paradigm for local financial management. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. In fact, the local budget has become a vehicle for corruption by the state administration is in the center of power, local autonomy shift some corruptor from the center to the local. The issue is how to manage the local budget in order to minimize corruption. If the commitment of the management of local budget is based on new principles in the local financial management, it believed that the local budget is governed annually by the local government will lead to the peopleâs welfare in the region. Based on such view, the Good Financial Governance principles appears to be the ideal approach to be applied in managing the local budgeting system.]]>
<![CDATA[Improving Aviation Safety in Indonesia: How Many More Accidents? ]]>
<![CDATA[Nugraha, Ridha Aditya]]>
<![CDATA[ Hasanuddin Law Review VOLUME 2 ISSUE 3, DECEMBER 2016 ]]>
Publisher : <![CDATA[Hasanuddin University ]]>
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DOI: 10.20956/halrev.v2i3.321
<![CDATA[Numerous and consecutive aircraft accidents combined with a consistent failure to meet international safety standards in Indonesia, namely from the International Civil Aviation Organization and the European Aviation Safety Agency have proven a nightmare for the countryâs aviation safety reputation. There is an urgent need for bureaucracy reform, harmonization of legislation, and especially ensuring legal enforcement, to bring Indonesian aviation safety back to world standards. The Indonesian Aviation Law of 2009 was enacted to reform the situation in Indonesia. The law has become the ground for drafting legal framework under decrees of the Minister of Transportation, which have allowed the government to perform follow-up actions such as establishing a single air navigation service provider and guaranteeing the independency of the Indonesian National Transportation Safety Committee. A comparison with Thailand is made to enrich the perspective. Finally, foreign aviation entities have a role to assist states, in this case Indonesia, in improving its aviation safety, considering the global nature of air travel.]]>
<![CDATA[Reconstruction of Strengthening the Right to Sustainable Groundwater (Assessing Model Policy in Bandar Lampung City) ]]>
<![CDATA[Pane, Erina]]>
<![CDATA[ Hasanuddin Law Review VOLUME 2 ISSUE 3, DECEMBER 2016 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v2i3.701
<![CDATA[Implementation of sustainable development related to the management of groundwater resources in the area can be realized with the establishment of a policy which is inseparable from the values prevailing in the society. The formation of ground water resources management policies is not only technically partial, but must also be comprehensive-holistic. Groundwater management activities include the conservation and utilization of groundwater organized to realize the sustainability and continuity of availability of groundwater and its sustainable benefit. Water resources policy in the form of government intervention should be able to improve the efficient use of water resources in an optimal and sustainable and should provide reinforcement right to water for the community. Weight of policy should be placed in a fair way, where the public interest, private interest and the government’s interest is positioned in a balanced condition, but with the requirement that the parties are jointly responsible for creating actions in environmental improvements.]]>
<![CDATA[Disparity in Human Rights Violations: A Political and International Law Perspective ]]>
<![CDATA[Daud, Aidir Amin]]>
<![CDATA[ Hasanuddin Law Review VOLUME 2 ISSUE 3, DECEMBER 2016 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v2i3.697
<![CDATA[Right to life is non-derogable rights. A natural right that should not be revoked arbitrarily by anyone, including the state. A mass murder in events 1 October 1965 and Timor-Timor is a double series of states’ failure in protecting the rights of Indonesian peoples. Moreover, these two events get different treatment in its handling. The disparity in treatment between two cases is a big question related to the consistency of human rights enforcement in Indonesia. This study is a descriptive-qualitative research. While, to prove the truth, this study will use a comparative study. The findings show that the attitude of the United Nations that treat serious human rights violations in Timor-Timor and the events of 1965 in Indonesia, cannot be answered differently in the perspective of international law. Since it has a weakness where the political interests of ruling is very strong in influencing the decisions of the UN. The disparity in law enforcement in the event of serious human rights violations in 1965 and Timor-Timor due to the dynamics of international politics when it does not allow for the demands of human rights violations to the UNs’ International Court due to advantage for a certain state after the event. In order to reduce disparities in human rights violations, reconciliation is the most rational solution at this time compared remains demand the state for the violations. Besides, many human rights violations in certain countries that have successfully resolved through reconciliation approach.]]>
<![CDATA[Preparation of International Business Contracts in Facing the ASEAN Economic Community Era ]]>
<![CDATA[Sahlan Sahlan]]>
<![CDATA[ Hasanuddin Law Review VOLUME 2 ISSUE 3, DECEMBER 2016 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v2i3.702
<![CDATA[This article reviews the preparation for composing and formulating the international business contracts in facing the ASEAN Economic Community era. The study used the normative approach by collecting the materials related to the international business contracts. The outcomes of the research indicate that constitutionally, the Indonesian government must provide protection and equitable legal certainty for Indonesian citizens who intend to conduct business transactions within the framework of AEC. Format and writing techniques of international business contracts is compulsory known by the business people and their legal consultants that they do not suffer losses due to errors in the preparing of contract that violates the rules and provisions of international business contract.]]>
<![CDATA[The Development Standard Agreement Influences on National and International Business Practices ]]>
<![CDATA[Cindawati Cindawati]]>
<![CDATA[ Hasanuddin Law Review VOLUME 2 ISSUE 3, DECEMBER 2016 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v2i3.698
<![CDATA[The rapidly growing business traffic either nationally or internationally forces the business practices to establish a standard agreement to secure the products and to protect the buyer from any risks. The standard agreement successfully meets the demand of international trade which urgently need the high speed and the accuracy. The objective of this research is to find out how does the development of agreement affect to the commerce practices and what are the requirements of standard agreement in accordance with the right and obligation. A qualitative method is applied in searching data of business practices. This study uses a normative research which guides the rule of law or determines some business standards and norms. The finding of this study show that the development of agreement strongly affects to the commerce practices, and standar agreement is urgently needed by business practices as a guideline to perform business traffic as smooth as buyer and seller expect, then both seller and buyer should know the three alternative way used as the procedures of standard agreement, namely; contract signing, notification document agreement, and notification by bulletin board. At last, a standard agreement could be accepted as legal agreement corresponding to willingness and trustworthy.]]>
<![CDATA[An Approach of Legisprudence Theory to Assess the Quality of Local Regulation ]]>
<![CDATA[Marthen Arie]]>
<![CDATA[ Hasanuddin Law Review VOLUME 2 ISSUE 3, DECEMBER 2016 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v2i3.699
<![CDATA[The applicable law (as a result of legislation) is not always a reflection of the society concerned. Local regulations in the area were impressed into law to be “forced” because it does not conform to the spirit and characteristics of the society. The formation of local regulation is increasingly complex and complicated when the process and its substance beside cannot be separated from the political process, it is also cannot be separated from social processes. The problematic of local regulation formation is indicated by the fact that the authorized institution to arrange the local regulation is still not sufficient to produce products of high quality local laws. Legisprudence theory may open new perspectives on the validity of norm or legitimacy of norm and by course using this approach the quality of local regulations will be more qualified. Although a political approach is more into the heart in the legislative process but legislation and regulation can be an important object. Legal theory is not only a basis on enforcement or implementation of the rule of law, but it is very useful theory in law-making.]]>
<![CDATA[Land Tenure of the Malay People in North Sumatera: From Normative Trap to the Historical Denial ]]>
<![CDATA[Edy Ikhsan]]>
<![CDATA[ Hasanuddin Law Review VOLUME 2 ISSUE 3, DECEMBER 2016 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v2i3.316
<![CDATA[The following brief analysis is trying to look at the shifting mechanism of land rights of the Malay people from a historical perspective. The point of analysis stems from the description contained in the literature of customary laws produced by some academics and of the Dutch colonial officials. It subsequently runs using of some secondary materials and other colonial-based archives. The analysis finally concludes that in the span of nearly a half of a century, since the period of the Dutch, Japanese capitulation, the period of independence, the land rights of the Malay people has become a “toy play” of the ruling regimes, with all formulas being implemented in each period. The laws imposed upon this well-known fertile land have been successfully enriching the rulers and a wide range of business people with strong access to it.]]>
