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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 8 Documents

Search results for , issue "VOLUME 3 ISSUE 2, AUGUST 2017" : 8 Documents clear

Overlapping Authority on the Cancellation of Local Regulation (An Erroneous Logic of Local Autonomy) Retno Mawarini Sukmariningsih
Hasanuddin Law Review VOLUME 3 ISSUE 2, AUGUST 2017
Publisher : Faculty of Law, Hasanuddin University

This research is based on the phenomenon of weak supervision on local law products. As a result, the province of Central Java became the region with the largest cancellation of local regulation in Indonesia, which is as many 90-local regulations cancelled. The cancellation of local regulation implicates the obstacles in the implementation of development and district and municipal programs in Central Java - Indonesia. The purpose of this research was to analyze the authority of the region in order to avoid overlapping authority on the cancellation of local regulation by the Governor as the representative of the Central Government. The method of writing uses a normative approach with qualitative analysis to detect the level of synchronization and harmonization of the application of local regulations. The results indicate that the cancellation of local regulation by the Governor as the representative of the central government shows an erroneous logic of the implementation of local autonomy. Ideally, the cancellation of local regulation is performed “one gate”, i.e by the Supreme Court (judicial institution only) through the authority of judicial review

GATS and International Trade in Health Services: Impact and Regulations Bakhouya Driss
Hasanuddin Law Review VOLUME 3 ISSUE 2, AUGUST 2017
Publisher : Faculty of Law, Hasanuddin University

This article is interested in studying the impact of trade agreements on the quality of health services, and the statement of the role of the Ministry of Health to protect the quality of these services. The problems that arise in this study; how the application of GATT on trade in health, and services? This article also includes the impact of international trade agreements on the issue of attracting foreign investments in the field of health, and to clarify the government's ability to maintain the health and political, and the capacity of national health products to compete with foreign products. As pointed out repeatedly in this paper, it is too early to make definitive conclusions regarding the impact of GATS, or the liberalization of trade, in the health sector. Nevertheless, we conclude that although so far only a few countries where trade in health services has a major role, trading as it does –which is not based on the GATS or GATS commitments– and appears to be increasing, GATS agreement provides a framework for international trade in services, including health services, but the actual content and obligations are determined in large part by the national government.

Understanding the Characteristics of Dispute Settlement in Sharia Economic System Hamid, M. Arfin
Hasanuddin Law Review VOLUME 3 ISSUE 2, AUGUST 2017
Publisher : Hasanuddin University

One of the most developed areas of Islamic law (sharia) today is âFiqh Muamalah Iqtishadiyyahâ or known as term âSharia Economics.â The outcomes of the research indicate that the characteristics of sharia dispute are important to be understood by sharia businessmen and law enforcers. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. The sharia economic disputes, whether through litigation or non-litigation is not a means to profit, but solely to resolve disputes in accordance with sharia principles. the settlement of sharia disputes is still not fully independent or free from conventional law that has been going during this in the religious courts. Responding this matter throughout the process of settlement is not contradictory to the principles of sharia can be accommodated while preparing sharia-based sharia dispute law

Rule of Law and Human Rights Challenges in South East Asia: A Case Study of Legal Pluralism in Indonesia Isra, Saldi; Ferdi, Ferdi; Tegnan, Hilaire
Hasanuddin Law Review VOLUME 3 ISSUE 2, AUGUST 2017
Publisher : Hasanuddin University

It has been over 72 years since Indonesia proclaimed her independence on 17 August 1945. However, the 350 years of the Dutch colonization is still impacting the lives of the Indonesian people. The difficulties faced by the Indonesian legal system as the government tries to accommodate adat (custom) and religion principles within the national law and the extent to which this legal mechanism affects the everyday life of the Indonesian people. In a nation where customs and religion are so preeminent, setting up an all-inclusive document meant to be the foundation of the stateâs legal system at the dawn of independence was no easy task. This paper discusses the practice of legal pluralism in Indonesia and its struggle to implement rule of law and human rights principles after a half-century of authoritarian regimes. The study involves socio-legal research drawing on empirical data. Survey research was conducted between September 2014 and February 2015 at Utrecht University, the Netherlands, as well as in 5 cities in Indonesia (Aceh, Bali, Batam, Medan, and Padang) to collect data. The research reveals that legal pluralism is not helping to strengthen the Indonesian legal system, and that the foreignness of the Western law along with the neglect of the Indonesian customary and Islamic laws, totalitarianism and military involvement in politics, corruption within the state apparatus and unsynchronized laws weaken the legal system in Indonesia and hinder its effort to implement rule of law and human rights principles.

Assessing the Impact of the Brent Spar Incident on the Decommissioning Regime in the North East Atlantic Ole, Ngozi; Faga, Hemen Philip
Hasanuddin Law Review VOLUME 3 ISSUE 2, AUGUST 2017
Publisher : Faculty of Law, Hasanuddin University

The advent of deep-water oil exploration has increased concern for the impact of oil activities on marine environment, especially regarding disused or decommissioned facilities offshore. Before the Brent Spar incident, which galvanised international efforts to protect the environment, international and regional legal instruments on decommissioning of offshore oil installations was weak and ineffective in protecting the environment from the effect of disused facilities. This paper examined the efforts made by international and regional actors to remedy the lapses of the pre-Brent Spar legal instruments on decommissioning of offshore oil facilities, especially regarding the new provisions on environmental protection. The paper concluded that the supplementary legal instruments made post-Brent Spar have not radically transformed the legal regime on decommissioning of offshore oil facilities because contracting states still reserve the discretion to permit abandonment of disused facilities.

Reviewing the National Courts in Creating Orderly International Law and Community Johanis Leatemia
Hasanuddin Law Review VOLUME 3 ISSUE 2, AUGUST 2017
Publisher : Faculty of Law, Hasanuddin University

Orderly international community and international law are determined by a national court. Essentially, the national court must be competent to maintain the balance between the national interest which based on the national sovereignty as well as the provisions of international law within the framework of peaceful coexistence. This article reviews the role of national courts in creating and developing the customary international law. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. This purpose could be achieved if national courts were able to maintain a balance between the national interest based on the sovereignty of State on the one hand and the provisions of international law on the other. The function of the national court was to maintain a balance between international law and national law.

Legally Binding of the World Trade Organization Dispute Settlement Body’s Decision Triyana Yohanes; Adi Sulistiyono; M. Hawin
Hasanuddin Law Review VOLUME 3 ISSUE 2, AUGUST 2017
Publisher : Faculty of Law, Hasanuddin University

Dispute settlement system of the WTO DSB can be categorized as a judicial dispute settlement system. Decision (rulings and recommendations) in a dispute settlement made by the WTO DSB is binding and should be performed. In some cases, decisions made by the WTO DSB were not performed, and there is no sanction against the non-compliance with the decisions. The objective of this study is to analyze the legally binding character of the WTO DSB’s decision as a decision of a judicial organ. From the data analysis, it can be concluded that the WTO does not provide adequate sanctions against the non-compliance with the DSB’s decision. It leads to the interpretation of the DSB’s decision is international soft law norm which is not legally binding. Moreover, it can hamper the enforcement of the WTO Agreement and the achievement of the WTO’s goals. The WTO judicial system should be strengthened and improved by creating WTO independent court or tribunal, which has authority to make legally binding decision as international hard law.

Legal Standing of Customary Land in Indonesia: A Comparative Study of Land Administration Systems Mustafa Bola
Hasanuddin Law Review VOLUME 3 ISSUE 2, AUGUST 2017
Publisher : Faculty of Law, Hasanuddin University

Prove of land ownership by customary land is generally unwritten, just a confession of the surrounding communities with nature sign boundaries. If land ownership cannot be supported by strong evidence, the land may be registered by someone else who has getting physically for 20 years or more in consecutively and qualified on Government Regulation No. 24 of 1997 concerning Land Registration. Proof of old rights derived from the customary land law is rationally difficult to prove because there are no written documents. Customary land law does not know written ownership, only physical possession continually so it is very prone to conflict or dispute. In order to develop land administration in Indonesia, the values of customary land law contained in its principles is expected to be reflected in the land administration so it can reduce land conflict in the community. The role of customary land law has a large portion of the national land law. The role of government or ruling is very important to create a conducive condition in the land sector. A land is not allowed for personal or group interests, its use must be adjusted with the condition and the characteristic of their rights so useful, both for the prosperity and helpful to community and state.

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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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Journal Mail Official hasanuddinlawreview@unhas.ac.id

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Location Kota makassar, Sulawesi selatan INDONESIA

Abstract

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Abstract

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