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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 5 ISSUE 3, DECEMBER 2019" : 8 Documents clear

Digital Assets: The Idea of Indonesian Property Law Reform and Its Potential as a Collateral Object Asmara, Teguh Tresna Puja; Abubakar, Lastuti; Handayani, Tri
Hasanuddin Law Review VOLUME 5 ISSUE 3, DECEMBER 2019
Publisher : Faculty of Law, Hasanuddin University

Digital assets in the broadest sense can be interpreted to cover all electronic assets including social media accounts. Nowadays, besides being used to interaction, social media accounts can also be utilized to gain income or material benefits. In addition, social media accounts are generally handled by influencers with abundant followers. One of the social media used by influencers on the internet is YouTube. The social media actors on YouTube are referred to as YouTubers or content creators. This research is a normative juridical legal research with the descriptive method of analysis. The result of the study shows that YouTube accounts as digital assets in practice can be used as assets in business activities. This is proven by the existence of a YouTuber or content creator who sells his account for charity or commercial purposes. In the future, YouTube accounts can potentially be a digital asset that can be used as a collateral object due to its economic value. Nevertheless, based on the property of law in Indonesia, YouTube social media accounts as a digital asset cannot be qualified as an asset yet, therefore a redefinition, a reconceptualization and a reform of the property of law are considered necessary.

The Constitutional Interpretation on the Natural Resource: Originalist Vs Non-Originalist Interpretation Herdiansyah Hamzah
Hasanuddin Law Review VOLUME 5 ISSUE 3, DECEMBER 2019
Publisher : Faculty of Law, Hasanuddin University

Judges served in constitutional court have freedom to utilize and elaborate constitutional interpretation method used to examine the law of the Constitution of the Republic of Indonesia year 1945 in accordance to their own understanding. Not only that the constitutional interpretation was not regulated in positive law, judges also have independency in making new law discovery (rechtsvinding). Therefore, the interpretation method used by judges in the constitution court is basically determined by each case displayed at the moment. It means that the future of constitutional interpretation regulated by the judges in constitutional court is depending on the lawsuit reported in judicial review. On the other hand, constitutional interpretation on natural resource has to be based on original (originalist) interpretation rooted by original intent or text stated in the constitution of the republic of Indonesia year 1945, along with document of disagreement on its formulation (memorie van toelichting). Original interpretation is aimed at avoiding the shift at the origin of substantial intention of natural resources management. Nevertheless, non originalis interpretation will remain usable, but it is limited only for technical level, so that natural resources management will stay updated while keeping the basic foundation of natural resources management as firmly stated in constitution.

Fake News as a Democratic Anathema: A Comparative Study between India and Indonesia Ishita Sharma; Mansi Aggarwal
Hasanuddin Law Review VOLUME 5 ISSUE 3, DECEMBER 2019
Publisher : Faculty of Law, Hasanuddin University

The undeniably mind boggling media landscape has tossed fresh difficulties to an unsettled environment of media policy and that is why the market is denuded with fake news: scattered through social media intermediaries. Absence of effective laws for the same, have worsened the situation in recent past. Through this paper the researchers have tried to inspect how the propagation of fake news has upset the public sphere and potential arrangements that can be executed to check the plague of fake news in context of India and Indonesia, the prime democracies. There is boisterous discussion on fake news being utilized to create a rosy impression of the politicians in the minds of citizens. Therefore, the researcher shall also cover this aspect by analyzing how fake news has affected elections and how it was used as a tool of mass deception respectively. Finally, it attempts to analyze various strategic initiatives taken by both the nations, and the potential measures which could be adopted to limit the progression of fake news.

Legal Protection for Domestic Workers: The Experience of Indonesia Sakka Pati
Hasanuddin Law Review VOLUME 5 ISSUE 3, DECEMBER 2019
Publisher : Faculty of Law, Hasanuddin University

Given its social and economic invisibility and the accompanying low social status, domestic work is often exploitative. This research was aimed to find out and formulate the substance of legal protection for domestic workers in legislation in the field of labor in terms of the perspective of justice. It uses a statute, case, and socio-legal approaches. It was conducted in 3 (three) major cities, namely Jakarta, Yogyakarta and Makassar. The results of research showed that the substance of legal provisions in general for the protection of domestic workers, especially in labor legislation basically has not been able to guarantee justice and legal certainty because the responsibility of State has not been implemented in the existing legal substance. The paradigm of harmonization and the principles of legal agreements in the field of labor have not guaranteed justice and legal certainty for domestic workers. It is evidenced by the view of the profession of domestic workers who are positioned as informal workers, in addition they are not being accommodated as an element protected by law, it is also related to the protection of basic rights and labor social security does not cover the existence of domestic workers.

Post-Asean Agreement on Transboundary Haze Pollution: How to Settle the Dispute Settlement? Fadia Fitriyanti; Yordan Gunawan
Hasanuddin Law Review VOLUME 5 ISSUE 3, DECEMBER 2019
Publisher : Faculty of Law, Hasanuddin University

Forest fire happened several times in Indonesia which impacting neighboring countries, such as Malaysia and Singapore. ASEAN tried to "heal" and prevent the possibility of similar events by signing the ASEAN Agreement on Transboundary Haze Pollution (AATHP) for its members. In line with that, this research examined the concern of the state responsibility principle and its dispute resolution as well as a mechanism under the Agreement in dealing with the transboundary haze pollution in ASEAN. The research conducted by using normative theory by using primary, secondary and tertiary legal materials, collected from library research. Data analysis uses statute approach and case approach. Furthermore, the resulting research is in the form of analytical descriptive. The researchers argue that AATHP it is not explained in detail about the forms, mechanisms, and consequences that can be given to a country that has caused forest fires in the national jurisdiction and proven damage other countries. The researchers conclude that there should be a clear definition of state responsibility by means of a visible dispute settlement. Those mentioned steps are aimed to prepare for both preventive and punitive legal action for all members of ASEAN in dealing with the case of transboundary haze pollution.

Problematic Policy: Environmental Impacts of Traditional Mining in Papua Hotlan Samosir
Hasanuddin Law Review VOLUME 5 ISSUE 3, DECEMBER 2019
Publisher : Faculty of Law, Hasanuddin University

Mining without permits has changed land cover in the mining area. The activities of people mining without permits have violated the principle of sustainable development, where the economic aspects take precedence over ecological and social aspects. The research is a normative-legal research using a statute, case and conceptual approaches. The research conducted in Nabire Regency, Papua, Indonesia. The results show that The activities of gold mining in Nabire regency which have been going on for decades have not been well-organized. The implementation of people mining has caused environmental damage, especially in the mining area. The environmental damage due to the weak role of Nabire government in terms of structuring efforts that began with the permitting process for the miners. The local government has the authority to establish regional regulations concerning people mining, so through this authority the management of people mining must be managed through permitting instruments. The authority of the permit only serves the local community as a participant after determining the rights and obligations of miners so that the implementation of people mining can be controlled by the local government by following the principles of sustainable development.

The Values of Pancasila in Electronic Banking Agreement Andi Tenri Famauri
Hasanuddin Law Review VOLUME 5 ISSUE 3, DECEMBER 2019
Publisher : Faculty of Law, Hasanuddin University

Pancasila as a state’s foundation (philosophische grondslag), its values have exist, inherent and predicted in daily life as a way of life; therefore the material of Pancasila in the form of these values is the Indonesian Nation itself. The research is a normative-legal research. The research approach uses a statute, historical and conceptual approaches. The results show that Pancasila as the State’s foundation (Philosophische Grondslag) is universal and open, especially in the life of nation; it can be used in all aspects of life. Changes in banking activities, from conventional to electronic banking (e-banking) cannot be avoided again. The elements of morality and good values in banking are much needed, because banks as financial institutions that manage public money as customers have a great responsibility must be accompanied by honesty and dedication as important elements in trust. Consider the foundation of business in the banking sector is trust. The principle of good faith is placed as super eminent principle in the agreement. It is based on the principle of good faith related with the behavior of someone that becomes a basis for the agreement to bind them (pacta sunt servanda). Thus, the basic values of Pancasila that emphasize fair and civilized humanity can be applied as part of the values that live in Indonesian peoples.

CASTRATION OF SEX OFFENDERS: INDONESIAN CRIMINAL LAW REFORM Widiyaningrum, Irene; Akub, M. Syukri; Razak, Abdul; Riza, Marwati
Hasanuddin Law Review VOLUME 5 ISSUE 3, DECEMBER 2019
Publisher : Hasanuddin University

The rise of cases of sexual violence today makes people become restless. This research is a normative legal research, where in this study the author analyzes various laws and regulations relating to sanctions for chemical castration in the perspective of criminal law. This study also uses various comparisons of theories to answer existing problems relating to criminal law policy in the case of applying chemical castration sanctions. The results show that The increasingly widespread cases of sexual crimes against children that can have a major impact on the child's psychic development. It deserves to be given a severe punishment and appropriate to the perpetrator. The imprisonment sanction that is deemed to be irrelevant and has no deterrent effect can be answered by the punishment of the last choice of child sex offender. Thus, the enforcement of the criminal law of nuisance is reasonable in the technical context of the sentence after a permanent legal court ruling stating the punishment of the left. It aims to create a comfortable environment where children grow and develop and guarantee the future of Indonesian children.

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Home Page

OAI Link

Editorial Team

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Reviewer

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Contact Name Ahsan Yunus

Contact Email ahsan.yunus@gmail.com

Phone -

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