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[Good Governance and Anti-Corruption: Responsibility to Protect Universal Health Care in Indonesia ]]>
<![CDATA[Juwita, Ratna]]>
<![CDATA[ Hasanuddin Law Review VOLUME 4 ISSUE 2, AUGUST 2018 ]]>
Publisher : <![CDATA[Hasanuddin University ]]>
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DOI: 10.20956/halrev.v4i2.1424
<![CDATA[The establishment of universal health care marks a new momentum for the progressive realization of the right to health in Indonesia. The problem of corruption in health sector endangers the sustainability of effective and quality health care, therefore, Indonesia established an anti-fraud system to protect the universal health insurance fund. This research seeks to analyze the current anti-fraud system in universal health insurance through the lens of international law and principles of good governance. The sociolegal approach is chosen to study the relationship between the State party obligations to international law and the implementation of international law concerning universal health care and anti-corruption in the designated anti-fraud system. Good governance principles are essential in designing an effective anti-fraud system due to the correlation between human rights and anti-corruption that both areas emphasize good governance principles as guiding principles for the realization of human rights and the making of potent anti-corruption strategy.]]>
<![CDATA[Customary Law of Larwul Ngabal in the Implementation of Regional Autonomy in North Moluccas ]]>
<![CDATA[Bukido, Rosdalina]]>;
<![CDATA[Rumkel, Nam]]>;
<![CDATA[Wekke, Ismail Suardi]]>;
<![CDATA[Palm, Elin]]>
<![CDATA[ Hasanuddin Law Review VOLUME 4 ISSUE 2, AUGUST 2018 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v4i2.1351
<![CDATA[The Kei Islands of Southeast Moluccas, like other parts of Indonesia, have a customary order and cultural diversity. The values of local wisdom existing in the Kei community, which is contained in the customary law of Larwul Ngabal, is a very important cultural social capital in the social integration of its society. The type of study was an empirical research with sociological-anthropological juridical approach. The results show that the existence of customary law of Larwul Ngabal supports the implementation of regional autonomy with full authority and reinforcement in local regulations based on local wisdom in Kei Island. The dominant factors that caused the values of customary law of Larwul Ngabal have not provided legal strength in the implementation of local government is because it is determined by the recruitment factor of the leader who lacks capacity and competence. Added to the polarization of political parties and the values of local wisdom on financial strength in determining leadership. Therefore, to realize good local governance in Kei Islands, the values of customary law of Larwul Ngabal in various Local Regulations and local government policies must be accommodated, keeping in mind the custom, governmental and religious factors that are the foundation of Kei community life.]]>
<![CDATA[Comparison of Wildlife Protection Law between Indonesia and the United States ]]>
<![CDATA[Apriyani, Lusi]]>;
<![CDATA[Yoesmar AR, Fahmi]]>;
<![CDATA[Erwandi, Marta]]>
<![CDATA[ Hasanuddin Law Review VOLUME 4 ISSUE 2, AUGUST 2018 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v4i2.1315
<![CDATA[Indonesia is known as one of the richest countries for its biodiversity. Plants, animals, and forest are very diverse in every region in Indonesia. Unfortunately, from time to time the numbers of biodiversity have been decreased along with the development of Indonesia. Nowadays, numbers of Sumatera Tigers and Orang Utan are not more than 400 since they were traded, captured, and killed in the name of economic development. Even wildlife habitat, forest, were converted to non-forestry use. Theoretically, Indonesia has Conser-vation Act which is the Law Number 5 of 1990 on Conservation of Biodiversity and Ecosystem in which providing protection to the biodiversity. However, this law mostly talks about conservation system rather than providing legal protection to the wildlife and its habitat. In addition, the law seems to stand on its own, meaning only Biodiversity Law regulates protection to wildlife. Other acts like Forestry law, Environmental law, Plantation law, and Mining law do not provide wildlife protection. While both flora and fauna are the most vulnerable elements affected by activities which are regulated by those laws. The existence of the conditions above indicates that the legal protection of wildlife needs to be improved. One of the improvement efforts is to reform the Indonesian wildlife protection law. The law reform of Indonesia wildlife protection can be done through comparative approach toward legal framework of wildlife protection of Indonesian and United States.]]>
<![CDATA[The Anomaly of the Village Government in Establishing Village Owned Enterprise ]]>
<![CDATA[Busyra Azheri]]>;
<![CDATA[Upita Anggunsuri]]>
<![CDATA[ Hasanuddin Law Review VOLUME 4 ISSUE 2, AUGUST 2018 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v4i2.1299
<![CDATA[Village Owned Enterprise is an important part of the form of empowerment economic community at the village. Given, the urgency of the existence of Village Owned Enterprise, the government through the Regulation of Ministry of Villages, Disadvantaged Regions and Transmigration No. 5 of 2015 stated that one of the priorities of the use of village funds is for the establishment and development of Village Owned Enterprise. While the mechanism of establishment of Village Owned Enterprise is based on the result of village consultative meeting involving element of village government, element of village consultative body, and elements of community figures. The result of the village consultative meeting is implemented in form Village Regulation. However, it causes anomaly related to the status of Village Owned Enterprise, because it does not have to be legal entity in Regulation of Ministry of Villages meanwhile it has to be legal entity in Regulation of Minister of Home Affairs No. 39 of 2010 on Village Owned Enterprise.]]>
<![CDATA[Environmental Pollution: Assessing the Criminal Liability of Corporations ]]>
<![CDATA[Hariman Satria]]>
<![CDATA[ Hasanuddin Law Review VOLUME 4 ISSUE 2, AUGUST 2018 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v4i2.1421
<![CDATA[The Supreme Court sentenced PT Dongwoo Enviromental Indonesia (PT DEI) for disposing of hazardous and toxic wastes polluting the environment. Meanwhile, PT Adei Plantation & Industry (PT API) was charged with crime for the destruction of land damaging the environment. The research method used is normative legal research, which focuses on two approaches: case approach and conceptual approach. The results show that, first, PT DEI and PT API are charged criminally represented by the board as functioneel daderschap or directing mind and will. Second, PT DEI is charged with subsidized charges, while PT API is charged to alternative charges. Third, PT DEI and PT API are said to have committed a criminal act because management either the directors or regular employees commits a criminal offense for and on behalf of the corporation or in favor of the corporation. Fourth, to prove a corporation fault is through the aggregation of management mistakes or controlling personnel or regular employees in the corporation structure. Fifth, the principal penalty imposed on PT DEI is a fine of Rp 1.500,000,000. Similarly, PT API is fined Rp 650.000.000. Sixth; PT DEI is charged to additional crime in the form of deprivation of profits and closure of the company while PT API is an improvement due to crime. Seventh, with the closing of the company, the judges did not order the executors to liquidate the assets of PT DEI. Eighth, the imposition of the company's closing sanctions should take into account the impacts, such as the termination of employee relation and the interests of shareholders.]]>
<![CDATA[The Implementation of Receivables Write-Off of the State-Owned Banks in Indonesia ]]>
<![CDATA[Henrikus Renjaan]]>
<![CDATA[ Hasanuddin Law Review VOLUME 4 ISSUE 2, AUGUST 2018 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v4i2.1298
<![CDATA[This research reviews two issues: Firstly, it describes the imple-mentation of the receivable write-off of State-Owned Bank (BUMN Banks) in Indonesia, and secondly, it describes the relevance of the independence principles of directors and Good Corporate Governance to the implementation of receivables write-off of state-owned banks in Indonesia. This research uses normative and empirical juridical approaches. The normative approach includes research on the independence principles of directors and Good Corporate Governance to the implementation of receivables write-off of the state-owned bank, while empirical research is conducted to determine the process of claim abolishment by state-owned banks in Indonesia. The outcomes of the research indicate that the unresolved legal problem related to the state financial position in the state-owned banks due to conflict of public and private law norms causes the directors of state-owned banks have not dared to do the process of claim abolishment. Therefore, consi-dering that the principle of autonomy of directors and good corporate governance is enforced properly, no one is concerned about the risk of corporate policies related to the process of claim abolishment from a state-owned bank because, in its very essence, it is a Business Judgment Rule in the banking business practice.]]>
<![CDATA[The Guiding Principles on Business and Human Rights: National Action Plans Toward Corporation Responsibility ]]>
<![CDATA[Ni Ketut Supasti Dharmawan]]>;
<![CDATA[Desak Putu Dewi Kasih]]>;
<![CDATA[I Gede Agus Kurniawan]]>;
<![CDATA[Putu Aras Samsithawrati]]>
<![CDATA[ Hasanuddin Law Review VOLUME 4 ISSUE 2, AUGUST 2018 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v4i2.1480
<![CDATA[As a global principal, corporations have the obligation to comply with national and international hard law of human rights, respect soft laws and global standards. The United Nations Guiding Principles on Business and Human Rights (GPs) of 2011 were unanimously endorsed by the Human Rights Council and are respected as a global standard that stipulates that corporations should respect human rights when conducting their business activities. The purpose of this paper is to examine the scope and focus of National Action Plans (NAPs) by comparing the Netherlands NAP on Human Rights (2013) is compared to the UK’s updated NAP of 2016 with the aim of providing ideas and good examples of a NAP for Indonesia. This study used normative legal method. It is considered to be a valuable lesson both for developed and developing countries that for practical matters it is highly important to create and implement a NAP for the implementation of the GPs. Fortunately, Indonesia in June 2017 has launched a National Action Plan on Business and Human Rights (NAP). The burden responsibility to carry out the NAP on Business and Human Rights to corporation to be implemented strongly rests on the government authorities both central government and all levels authorities, including the local level, have the duty to implement human rights obligation, including to convince corporations that upholding the GPs will ultimately be to their benefit.]]>
<![CDATA[A Comparison Approach in Corruption Eradication: An Empirical Examination ]]>
<![CDATA[Mispansyah Mispansyah]]>
<![CDATA[ Hasanuddin Law Review VOLUME 4 ISSUE 2, AUGUST 2018 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v4i2.1077
<![CDATA[Corruption in Indonesia is increasingly structured and systemic. Worse yet, the corruption was fertile in sub-law enforcement agencies. This paper analyzes why corruption is so systemic in the legal system in Indonesia and how solution of Islam in eradicating corruption. This research was a normative-legal research. The results indicate that corruption occurred systemically in Indonesia due to secularization and capitalization in understanding the living system as embraced by the Republic of Indonesia, which resulted in bad law system both the substance, structure and legal culture, and bad people). The solution of Sharia Islam to eradicate corruption by creating a devotion of community (law awareness) based on religious values. In addition, with a decent salary system, appropriate penalties, the implementation of reverse evidence system and the exemplary leadership, corruption problems can be overcome and a clean government can be realized.]]>
<![CDATA[Model Draft Regulation on Cryptocurrency in India ]]>
<![CDATA[Nikam, Rahul J.]]>
<![CDATA[ Hasanuddin Law Review VOLUME 4 ISSUE 2, AUGUST 2018 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v4i2.1466
<![CDATA[This article looks at the application of present Indian payment system policies and regulatory model on virtual-currency in India. In fact, simply banning cryptocurrency in India would not serve the purpose of legislature and Reserve Bank of India (RBI); rather it will boost cryptocurrency frauds in India due to absence of any law. The present article analysis shows that there is an ample scope within the present models and policies with necessary amendments to facilitate the regulation of virtual-currency in India. The analysis also suggests new model regulation on cryptocurrency which shall constitute the basic model regulations in India to govern cryptocurrency technology and products. Author uses the Banking Regulation Act as a model, regulating all types of new fintech products such as cryptocurrency, Bitcoin & business activity, its intermediaries, exchanges, customer protection in robust and transparent fashion in India.]]>
<![CDATA[Broadening of the Concept of Obscenity in the Draft of Indonesian Penal Code ]]>
<![CDATA[Rezky, Ali]]>;
<![CDATA[Haris, Oheo Kaimuddin]]>
<![CDATA[ Hasanuddin Law Review VOLUME 4 ISSUE 2, AUGUST 2018 ]]>
Publisher : <![CDATA[Hasanuddin University ]]>
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DOI: 10.20956/halrev.v4i2.1402
<![CDATA[The reform of the Indonesian Penal Code (KUHP) is necessary to accommodate the noble values of Indonesian society. Therefore, Indonesian criminal law should reflect the basic principles, cultural values that live within the inner niches of Indonesian society as a living law. The inclusion of several forms of obscene acts that exist within the extended Draft Penal Code is a manifestation of the philosophical, sociological and juridical framework of the Indonesian society. The extension of the concept of obscenity in the Draft of Indonesian Penal Code is in accordance with the philosophy of the Indonesian nation that gives religious values a fundamental place Consequently, the expansion of the concept of obscenity in the Draft of Indonesia Penal Code can answer some of the problems faced by Indonesian citizens.]]>
