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[Environmental Policy, Public Health and Human Rights: Assessing the Regional Regulation on Waste ]]>
<![CDATA[Toar Neman Palilingan]]>;
<![CDATA[Donna Okthalia Setiabudhi]]>;
<![CDATA[Toar K.R. Palilingan]]>
<![CDATA[ Hasanuddin Law Review VOLUME 4 ISSUE 3, DECEMBER 2018 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v4i3.1413
<![CDATA[Everyone has the right to a good and healthy environment as part of human rights. Hence, to actualize the right to a good and healthy environment, the community or everyone has the right to environmental information related to the role in environmental management. The research is a socio-juridical. The results show that the management of human environment in Manado is implemented through the establishment and implementation of local regulations. The issuance of local regulations related to environmental law enforcement are local regulations on Environmental Protection and Management; Domestic Wastewater Management; and Waste Management and Cleaning Service Fees. However, the three local regulations have not been implemented optimally. Even the local regulation on the Waste Management and Cleaning Service Fees provides regulations that are not in accordance with the needs of the community in waste management and not in accordance with the laws and regulations related to waste.]]>
<![CDATA[Indonesia’s Archipelagic Sea Lanes (ASLs) Designation: Rights Turning to Obligations? ]]>
<![CDATA[Dhiana Puspitawati]]>
<![CDATA[ Hasanuddin Law Review VOLUME 4 ISSUE 3, DECEMBER 2018 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v4i3.1488
<![CDATA[Indonesia is the first and only archipelagic state which has designated Archipelagic Sea Lanes (ASLs). However, such ASLs was only considered as a ‘Partial ASLs’ by the International Maritime Organization (IMO). This is due to the lack of the inclusion of all normal passage routes used for international navigation as required by Article 53 (4) of Law of the Sea Convention (LOSC). On the other hand, Indonesian national law stated that the rights of ASLP can only be exercised over the designated routes and this leave the undesignated routes under the innocent passage regimes, which is inconsistent with Article 53 (12) of LOSC. This article seeks to analyse Indonesia’s rights in designating ASLs and the implementation of Indonesia’s ‘Partial ASLs’. It is questionable whether Indonesia’s rights in designating ASLs has become an obligation by the ‘partial’ recognition of Indonesia’s ASLs by IMO. While none reported incident of navigational rights over Indonesia’s north-south ASLs, however some incidents did occur over the undesignated east/west ASLs. This paper begins with the analyses of the provisions of LOSC concerning archipelagic sea lines passage by looking at its travoux-preparatoir and then follows by the discussion of Indonesia’s implementation on its designated ASLPs. Reported incident occurred over the undesignated ASLs will also be discussed to gain clear understanding on the matter. It is argued that Indonesia should either designated the east/west ASLs or if not, adjusting its national law to be in conformity with LOSC.]]>
<![CDATA[Community Participation Arrangements to Prevent Illegal Drilling ]]>
<![CDATA[Iza Rumesten, R.S.]]>;
<![CDATA[Febrian Febrian]]>;
<![CDATA[Helmanida Helmanida]]>;
<![CDATA[Agus Ngadino]]>
<![CDATA[ Hasanuddin Law Review VOLUME 4 ISSUE 3, DECEMBER 2018 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v4i3.1291
<![CDATA[The practice of illegal drilling does not only result in destruction for to the environment, but also result in the social gap, national losses, and people’s lives. It happens to illegal drilling conducted manually using traditional equipment and less operational standard. This illegal drilling may happen because ineffective law applied and no regulation on social participation in the Law of oil and natural gas. This research uses the normative method, the result of research is analyzed qualitatively. The research showed that the active social participation was needed in environmental law enforcement to prevent a great number of illegal drilling practice, the higher level of social participation in environmental law enforcement, and the smaller illegal drilling practice could be. Thus, there must be any act arranging for social participation in enforcing the environmental law arranged in the law No. 22 of 2001 because of those the local societies who get the direct effect of environmental destruction as a result of drilling of oil and natural gas illegally.]]>
<![CDATA[Village Autonomy: The Main Road to Fulfill Right to Water ]]>
<![CDATA[Ardhiwinda Kusumaputra]]>;
<![CDATA[Indra Perwira]]>;
<![CDATA[Ida Nurlinda]]>
<![CDATA[ Hasanuddin Law Review VOLUME 4 ISSUE 3, DECEMBER 2018 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v4i3.1422
<![CDATA[Water resources are common resources that affect the livelihood of many people. Its management should be oriented towards the rights fulfillment to water for the community. However, the management of water resources still shows inconsistency. This results in uncertainty in the rights fulfillment to water for the community. Therefore, a reform in water resources management is needed. Village autonomy can be the foundation for a more community-oriented water rights management, since it contains independence and community initiatives. This research aimed at finding a precise and clear concept in the management of water resources based on village autonomy. This research was conducted using normative juridical, with legislative and doctrinal approaches. The results show that the concept of village autonomy-based water resources management is carried out by accommodating the community's rights on water resources. It aims at providing guidance in the implementation of management that is not only oriented to exploitation, but also consider the aspects of conservation and control of water resources. This conception is expected to be implemented in village communities (not customary village communities) so as to be able to fulfill the rights to water to village communities justly and democratically.]]>
<![CDATA[Urgency of the Right to Recognition for Identity’s Belief as A Part of Human Rights ]]>
<![CDATA[Wijayanti, Winda]]>
<![CDATA[ Hasanuddin Law Review VOLUME 4 ISSUE 3, DECEMBER 2018 ]]>
Publisher : <![CDATA[Hasanuddin University ]]>
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DOI: 10.20956/halrev.v4i3.1435
<![CDATA[The right of recognition a belief is one of the basic human rights set forth in the Constitution. Population Administration Act as the executor of the constitutional mandate does not regulate of information column’s ”Belief” in an identity card (KTP-el) or a blank religion is a legal vacuum. Many debates occurred during the discussion and after the enactment of the Population Administration Act that only regulates the administration of population and issues between Religion and Belief as being very sensitive so that discussion of belief is considered not the domain of the Population Administration Act. Then, the absence of public participation in discussion of amendment Population Administration Act as a form of non-recognition of the existence of Believer in regulation. The problem is no rule for public participation in Population Administration Act. In fact, this paper used a normative juridical approach, with qualitative descriptive about debate of the Administration Population Act (DPR) to find out the urgency of the right to recognition for identity’s Belief through KTP-el. The result showed that inclusion of information column’s “Belief” is an entrance (gate) for the state's recognition of the people’s belief and their constitutional rights attached to it. Not only through words, but the recognition of the state through the State Administrators is manifested by legislation and communication (dialogue) between state and its citizens to remove all the existing attributes with equally, parallel, and continuously.]]>
<![CDATA[The Marrakesh Treaty and Facilitating Access to Literary Works in the Field of Knowledge for Blind People ]]>
<![CDATA[Rroisah, Kholis]]>;
<![CDATA[Rakhmi, Wendy Budiati]]>
<![CDATA[ Hasanuddin Law Review VOLUME 4 ISSUE 3, DECEMBER 2018 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v4i3.1539
<![CDATA[Freedom to gain knowledge, information and technology is very important by everyone including blind people which one realized the right of access to literary works through the Marrakesh Treaty 2013. Regulation about facilitating access to copyright of published works for blind people in Indonesia is still considered inadequate to give protection in the implementation of freedom to gain knowledge. This study applied normative juridical approach described descriptive-analytically. Accessibility to the scientific work of the blind people is a part of human rights which must be respected, protected and fulfilled by the State. The Government has an important role in the realization of the wider access of the disabled by formalizing the governmental regulation in accordance with the mandate of Article 44 paragraph (4) of the Copyright Act 2014 and the Government shall immediately establish The Disabilities National Commission granted the authority and responsibility to fulfill the facilitation of access for blind people and limited reading by guiding Marrakesh Treaty or by looking at other country's regulatory practices.]]>
<![CDATA[Fighting the Giants: Efforts in Holding Corporation Responsible for Environmental Damages in Indonesia ]]>
<![CDATA[Arie Afriansyah]]>;
<![CDATA[Anbar Jayadi]]>;
<![CDATA[Angela Vania]]>
<![CDATA[ Hasanuddin Law Review VOLUME 4 ISSUE 3, DECEMBER 2018 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v4i3.1626
<![CDATA[This paper focuses on examining environmental cases before the Indonesian courts from the past ten years. To be specific, this paper will study four major cases with regard private law, six major cases with regard to criminal law, and class action cases in Indonesia. This period of time explains trending increase of environmental cases before the courts. In this regard, Alternative Dispute Resolution (ADR) becomes the main preference of settling the environmental disputes. However, ADR seems not able to bring justice to the fullest especially when it comes to the corporations. It is not justice to the fullest in the sense that there seems no deterrence ADR brings to the corporations when the corporations do indeed damages the environment. As the environmental awareness increases and at the same time, ADR seems fail to fulfill the expectation to save the environment, another way to bring justice emerges namely through various efforts in lawsuits. Nevertheless, such lawsuits are not perfect as there are varieties of results from Indonesian courts. This paper argues that such variety of decisions have been heavily influence by the availability of scientific data and the knowledge of the panel of judges. Specifically, in the case of class action lawsuit, those who defend the environment has limitation on resources usually initiate such lawsuit. Whereas, corporation that being sued is relatively have the capacity to face the trial due to its high financial resources. Nevertheless, “fighting the giants” has been the paradigm when it comes to pursue the responsibility of corporation of its wrongdoing especially environmental damages.]]>
<![CDATA[Implication of Regulation Authorities on the Efforts to Accelerate the Eradication of Corruption ]]>
<![CDATA[Sukmareni, Sukmareni]]>;
<![CDATA[Danil, Elwi]]>;
<![CDATA[Ismansyah, Ismansyah]]>;
<![CDATA[Daulay, Zainul]]>
<![CDATA[ Hasanuddin Law Review VOLUME 4 ISSUE 3, DECEMBER 2018 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v4i3.1078
<![CDATA[Investigation of corruption, as an extra ordinary crime is granted to the three institutions, namely the Police, Attorney General and the Indonesian Corruption Eradication Commission (KPK). The granting of authority to these three institutions aims to accelerate the eradication of corruption, not only detrimental to the finances and the economy of the country but has damaged the joints of life of the nation and state. The research is descriptive and uses a normative juridical approach. Aiming to find out, and analyze qualitatively the implications of regulating investigative authority over the eradication of corruption in Indonesia. The study found that all three institutions that were given the authority to investigate corruption crimes were administratively separated, but functionally these three institutions should collaborate to accelerate the eradication of corruption, but in practice this was not the case, each institution tended to be shackled by fragmentary and institutional nature. centric that does not support the eradication of corruption. This is because the regulation of the authority of each institution has not been strictly regulated, then the arrangements are not synchronized and among the existing legislation, so that there is overlap of authority due to differences in interpretation between investigators, which results in investigations not going well.]]>
<![CDATA[Victimological Approaches to Crime of Rape in Indonesian Criminal Justice System ]]>
<![CDATA[Dimyati, Khudzaifah]]>;
<![CDATA[Angkasa, Angkasa]]>
<![CDATA[ Hasanuddin Law Review VOLUME 4 ISSUE 3, DECEMBER 2018 ]]>
Publisher : <![CDATA[Hasanuddin University ]]>
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DOI: 10.20956/halrev.v4i3.1292
<![CDATA[Neglect of rape victims in the Indonesian Criminal Justice System implicates at least two things; first, the victim does not receive legal protection, and second, the decisions of judges do not fulfill the sense of justice. Neglect of victims in the Criminal Justice System cannot be separated from the theory, doctrine and legislation, especially criminal law or the Penal Code, Criminal Procedure Code and the Corrections Act, which is oriented merely to the perpetrators (criminal oriented) instead of victims (victim oriented). Regarding the conditions above, this study was intended to provide a solution of the problems so that victims in the Criminal Justice System obtain legal protection and the decision of judges could fulfill the sense of justice.]]>
<![CDATA[Government Policies for Food Sovereignty: Disjunction between Ideality and Reality ]]>
<![CDATA[Patonangi, Fitrinela]]>;
<![CDATA[Ilmar, Aminuddin]]>;
<![CDATA[Irwansyah, Irwansyah]]>;
<![CDATA[Sakharina, Iin Karita]]>
<![CDATA[ Hasanuddin Law Review VOLUME 4 ISSUE 3, DECEMBER 2018 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v4i3.2189
<![CDATA[The conceptualizes food security and food sovereignty as fluid and changing discourses that define the problem of hunger. The discursive geohistories of food security and food sovereignty in order to identify oppositions and relationalities between them. I argue that the interpretations of, and relations between, food security and food sovereignty vary by geography and scale, as well as by the conceptual and theoretical differences within the discourses themselves. When and where these discourses develop and emerge is central to understanding their oppositions and convergences. How scale is constructed within particular discourses is also important to understanding how they co-exist relationally or in opposition. Food security and food sovereignty discourses are tied to distinctive political and economic histories, ecologies, and identities at the national and local levels. They are differentially deployed depending upon geographic context and the political economy of development and underdevelopment. Both discourses are dynamic and changing in relation to the wider political and cultural economies of food system dynamics across scale. Uniform definitions of each term should be resisted. The point is to understand the geographies of their relational overlap and their continual difference.]]>
