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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 9 Documents

Search results for , issue "VOLUME 3 ISSUE 3, DECEMBER 2017" : 9 Documents clear

Legal Policy of Interfaith Marriage in Indonesia Hedi, Fathol; Anshori, Abdul Ghofur; Harun, Harun
Hasanuddin Law Review VOLUME 3 ISSUE 3, DECEMBER 2017
Publisher : Faculty of Law, Hasanuddin University

Marriage is not just a bond between men and women, but the inner bond between a man and a woman based on the One and Only God. This research was a philosophical normative, thus the approaches used were philosophical, normative, and historical. Besides, a qualitative-descriptive strategy was used in finding a depth description of the law politics of interfaith marriage regulation in Indonesia based on the the 1974 Marriage Law. The results show that the interfaith marriage is not regulated in the 1974 Marriage Law, because: First, the rejection of the majority of Muslims and the faction in Parliament because the interfaith marriage is against the aqidah (matters of faith) of Islam; Second, the interfaith marriage is contrary to the marriage culture in Indonesia, because marriage contains legal, sociology and religious aspects; Third, the interfaith marriage is contrary to the theological teachings of religions in Indonesia that do not want interfaith marriages, such as Islam, Christianity, Protestantism, Hinduism and Buddhism. Furthermore, the interfaith marriage is inconsistent with the philosophical purposes of marriage in Indonesia where the purpose of marriage forms a happy and eternal family based on the One Supreme God.

Understanding Trade-Related Aspects of Intellectual Property Rights Agreement: From Hard and Soft Law Perspective Roisah, Kholis
Hasanuddin Law Review VOLUME 3 ISSUE 3, DECEMBER 2017
Publisher : Hasanuddin University

Trade-Related Aspects of Intellectual Property Rights (TRIPs) Agree-ment interesting to be understood in the perspective of hard law and soft law. TRIPs Agreement justified as hard or soft law by identifying the norms in the TRIPs agreement. Parameter obligation of TRIPs agreement visible implementation and enforcement of agreement norm with full compliance to fourth of the IPR Convention for the State parties is an indicator of unconditional obligation. Parameters precision TRIPS agreement showed formulation of general obligation setting up the implementation of treaty obligations is regulated in detail and the use of âshallâ term in any norm, describe the imperative norm character and shown indicator as substantial limited of interpretation with the parties might not interpreted. Parameter delegation looked explicitly provision of implementation and enforcement agreement that put an obligation on national authorities of state parties through domestic law and its courts. Parameter obligation, precision as well as delegation showed as high indicator that the TRIPs agreement characterized as hard law.

Prevention of Human Trafficking in Ethiopia: Assessing The Legal Framework Woldemichael, Zelalem Shiferaw
Hasanuddin Law Review VOLUME 3 ISSUE 3, DECEMBER 2017
Publisher : Faculty of Law, Hasanuddin University

Recent findings have indicated that both in-country trafficking (trafficking of individuals from rural areas to relatively affluent towns and cities) and external trafficking (trafficking of individuals from a given country to foreign countries) are prevalent in Ethiopia. In 2012, the government acceded to the Protocol to Suppress and Punish Trafficking in Persons Especially Women and Children supplementing the United Nations Convention against Transnational Organized Crime (The UN Trafficking Protocol, here after). With a view to giving effect to the requirements of this instrument, the government passed in to law Proclamation No. 909/2015 (The Prevention and Suppression of Trafficking in Persons and Smuggling of Migrants Proclamation), which is the most comprehensive of all laws adopted in Ethiopia to deal with human trafficking. Taking in to account the fact that human trafficking is exacerbated by the absence of regulatory framework on the employment of Ethiopian nationals in foreign countries, the govern-ment has also brought in to practice Proclamation No. 923/2016 (Ethiopiaâ€™s Overseas Employment Proclamation). This article has examined whether the above-mentioned laws of Ethiopia comply with international standards in dealing with prevention strategies.

What Constitutes as Limitation of (Human) Rights in Indonesian Legal Context? Jayadi, Anbar
Hasanuddin Law Review VOLUME 3 ISSUE 3, DECEMBER 2017
Publisher : Faculty of Law, Hasanuddin University

This article reviews the interpretation of the Constitutional Court (the Court) on the Article 28J paragraph (2) of the 1945 Constitution by looking into the rulings related to the Information and Electronic Transaction Law. These rulings are chosen because, in those rulings, tensions between individual and public interest are apparent. For example, the tension between the right to privacy and freedom of expression, and the tensions between freedom of expression and public order. The rulings that will be studied in this writing are Ruling No. 50/PUU-VI/2008, Ruling No. 2/PUU-VII/2009, Ruling No. 5/PUU-VIII/2010, Ruling No. 52/PUU-XI/2013, and Ruling No. 20/PUU-XIV/2016. In studying those rulings, this article use a legal method namely the interpretation of arguments, e.g. what are the arguments provided by the claimants in the case in relation to the Article 28J paragraph (2) of the 1945 Constitution and how does the Court responds to such arguments. Additionally, this writing will also compare the rulings to each other to portray the â€œvarietyâ€ of interpretation by the Court over the time. Furthermore, this article will compare the Article 28J paragraph (2) of the 1945 Constitution and the Courtâ€™s interpretation of it to other standards of limitation in other human rights instruments such as European Convention on Human Rights (ECHR) and International Covenant on Civil and Political Rights (ICCPR) in order to depict what are the distinctive features of limitation of rights in Indonesian regime in comparison to other regimes. Last but not least, this article analyze what are the lesson learned from studying the Courtâ€™s interpretation and the possible consequence of such interpretation to the human rights protection in Indonesia.

The Necessity of ASEAN Competition Law: Rethinking Udin Silalahi; Dian Parluhutan
Hasanuddin Law Review VOLUME 3 ISSUE 3, DECEMBER 2017
Publisher : Faculty of Law, Hasanuddin University

As outlined in the AEC Blueprint, all ASEAN member states (AMSs) will endeavour to introduce competition policy by 2015. At present 7 (seven) AMSs, namely: Indonesia, Singapore, Malaysia, Thailand, Vietnam, Philippines, Myanmar have the national competition laws to supervise anti-competitive conduct in the domestic market. But the question is what if happened unfair competition between ASEAN member states, due to the agreement or businesses activities by business actors that harm competition? ASEAN has an ASEAN Regional Guidelines on Competition Policy (ARGCP) that developed by ASEAN Experts Group on Competition (AEGC) as framework for member states to develop its own competition law or policy and as a guideline in measuring that directly affect the behaviour of enterprises and the structure of industry and markets. Regional Guideline is just to help AMSs in increasing of awareness of important policy, not to sustain the competition among ASEAN member countries. Until now there is no ASEAN Competition Law and Institution to oversee competition among ASEAN member countries. In this era, ASEAN economic integration it is a certainty that anti-competitive among AMSs will happen.

The President’s Power and Anti-Corruption Policy: What Can Be Learned from New Order Experience Oce Madril
Hasanuddin Law Review VOLUME 3 ISSUE 3, DECEMBER 2017
Publisher : Faculty of Law, Hasanuddin University

The New Order government led by President Soeharto was supposed to be a regime that would ameliorate the abuse of power conducted by the previous government. One of the important agendas for the New Order government was overcoming the issues regarding the abuse of authority and corruption in the government sector. Several legislations, Presidential legal policies and institutions were formed to carry out such mission. However, the New Order government eventually failed and became a corrupt regime. This study concludes that notwithstanding Indonesia theoretically had an institutional framework to combat corruption under the New Order government, it failed to eradicate corruption. The failure of anti-corruption policies under the New Order era was caused by 3 forms of failure. Firstly, the failure to build a democratic and anti-corruption presidential power. Secondly, the failure to build a comprehensive anti-corruption policy. Thirdly, the failure to build an effective anti-corruption agency. The method employed in this study is a combination of several approaches between the statutory approach, historical approach and conceptual approach. The main data used in this study is the literature which are consists of previous research, legislation and Presidential policies.

The Lack of the Environmental Concern in Indonesia’s Bilateral Investment Treaties I Gusti Ngurah Parikesit Widiatedja; I Gusti Ngurah Wairocana
Hasanuddin Law Review VOLUME 3 ISSUE 3, DECEMBER 2017
Publisher : Faculty of Law, Hasanuddin University

In the modern era, Bilateral Investment Treaties (BITs) are relatively effective to attract more foreign direct investment (FDI). Many countries then eagerly concluded BITs, including Indonesia. Considering the adverse impact of FDI on the environment, most countries then start putting the environmental concern in their BITs, assisting them to prevent and mitigate any adverse impact of FDI on the environment. Indonesia, however, did not follow this measure. This paper then shows the lack of the current Indonesia’s BITs in putting the environmental concern in their provisions. The fact that Indonesia has terminated some BITs becomes a right momentum to start putting the environmental concern in the updated and modified Indonesia BITs in the future. From other countries’ practices, there is evidence to suggest that BITs can and do contain provisions aimed at ameliorating environmental damage caused as a result of FDI within host countries’ territories.

The Cancellation of Environmental License of PT. Semen Indonesia: A Strategic Environmental Assessment Edy Lisdiyono
Hasanuddin Law Review VOLUME 3 ISSUE 3, DECEMBER 2017
Publisher : Faculty of Law, Hasanuddin University

Debate over the construction of a cement factory in Rembang Regency between the community groups of Kendeng mountain care is in relation with the issuance of the environmental license No. 660.1/17 of 2012 by the Governor of Central Java. It had been declared null and void by the Supreme Court of the Republic of Indonesia based on the decision in the case register No. 99 PK/TUN/2016. The reason for the submission of the cancelation to the Environmental License of PT. Semen Indonesia in Rembang Regency, the community who cares about Kendeng mountains was because the process of submitting the mining licenses for the cement plant was not open and transparent to the community and it was feared that there would be environmental damages to the CAT area (Watuputih basin). In other words, to get the benefits, they are obliged to stay away from potential damage. Then, the urgency in the Strategic Environmental Assessment is as the Government instrument used as an instrument of prevention from pollution and/or environmental damage, and it becomes the basis for the policy of development plans and/or programs within a territory. Therefore, the mining of the cement factory of PT. Semen Indonesia in Kendeng mountains of Rembang Regency is in the CAT area (groundwater basin) based on findings of the Strategic Environmental Assessment Team. It is a protected area so that it potentially causes damage and the mining process must be stopped.

Litigating Economic, Social and Cultural Rights against Transnational Corporations in Indonesian Court Iman Prihandono
Hasanuddin Law Review VOLUME 3 ISSUE 3, DECEMBER 2017
Publisher : Faculty of Law, Hasanuddin University

States should take appropriate steps to ensure the effectiveness of domestic judicial mechanisms when addressing business-related human rights abuses. These steps may include ways to reduce legal, practical and other relevant barriers that could lead to a denial of access to remedy. To a certain degree, these problems exist in Indonesia’s judicial remedy mechanism. This article examines court decisions in five cases involving Transnational Corporations (TNCs). These decisions are examined to identify challenges and opportunities in bringing a case on ESC rights violations against TNCs. It is found that claim on ESC rights violation may be brought to the court, and the court has jurisdiction to entertain the case. However, of the five cases filed against TNCs, only in one case has the court decided in favour of the plaintiff. Most of the cases were rejected on procedural matters. This situation suggests that it remains burdensome for the victims of ESC rights violations to seek remedy at the court. There are procedural burdens that has to be faced by plaintiff when bringing ESC rights case against corporations, particularly TNCs. Nevertheless, there are new develop-ments in relation with pursuing ESC rights in court. One of the important development is private business contract between the govern-ment and private corporations may be annulled by the court, if the exercise of the contract would violate the government's obligation to fulfil human rights of the citizens

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Ahsan Yunus

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Kota makassar,

Sulawesi selatan

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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