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Hasanuddin Law Review
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
 1 
Search results for , issue "VOLUME 6 ISSUE 3, DECEMBER 2020" : 8 Documents clear
Immunity of State Owned Non-Commercial Ships and Vessel Protection Detachments in the Foreign Criminal Jurisdiction Nikhilesh, Nikhilesh
Hasanuddin Law Review VOLUME 6 ISSUE 3, DECEMBER 2020
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v6i3.2425

Abstract

This article studying the issue of sovereign immunity of ships and vessel protection detachments from criminal jurisdiction of foreign courts. The issue immunity of ships from foreign criminal jurisdiction can be understand from Schooner Exchange case onwards. In the initial stages the courts were given absolute immunity of the government ships in the foreign jurisdiction. Later on the courts, jurists and states classified the immunity in two heads such as personal immunity and functional immunity. Immunity not only given to the troika but also to the other officials engaged in the sovereign functions for their respective states with the exception of universal crimes. The status of the warships, government non commercial ships under the law of the sea convention is analysing.  At the end the Article considering whether functional immunity applicable to the vessel protection detachments appointed by the states to protect their ship from piracy in accordance with the IMO guidelines.
Assessing the Liability Convention and the Indonesian Space Act in Light of Active Debris Removal Ardes, Runggu Prilia; Nugraha, Ridha Aditya
Hasanuddin Law Review VOLUME 6 ISSUE 3, DECEMBER 2020
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v6i3.2600

Abstract

As the orbit in outer space becomes denser, the drive to actively preserve the outer space increases. Active debris removal is the answer to this issue. It serves solemn purposes to maintain the space environment and prevent collision between space objects. This action requires high-level technology and techniques which make it prone to accidents. This article examines the applicability of Liability Convention of 1972 and Indonesian Space Act of 2013 for active debris removal and whether its provisions are sufficient for any future legal issues on this matter. A normative juridical method is used for the analysis. The Space Act from other States like France and Austria will also be briefly mentioned and compared to. At the end, it is concluded that although both of the legal instruments are suitable and applicable for active debris removal, there are still some essential aspects that need to be defined namely property and proof of fault. The paper suggests that it should be emphasized that only catalogued debris can be regarded as property, and that the term “fault” at the minimum should have a modest definition that captures the “deviation from the normal operation”.
Rethinking the Penalty of Illicit Enrichment Crime in Ethiopia: Lessons from Comparative Analysis Diriba Adugna Tulu
Hasanuddin Law Review VOLUME 6 ISSUE 3, DECEMBER 2020
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v6i3.2410

Abstract

The crime of illicit enrichment has been widely accepted as a useful mechanism for curbing corruption, both international and regional anti-corruption instruments. This article's main objective is to comparatively analyze the rationality and appropriateness of the penalty provided for illicit enrichment crime in the Ethiopian Corruption Crimes Proclamation compared with Hong Kong and Rwanda's legal regimes to draw some best lessons and way forwards for the identified problems. The article found that the Ethiopia Corruption Crimes Proclamation fails to set a minimum penalty limit and entails severe punishment in terms of imprisonment and fine that can convey a meaningful message to potential offenders. Thus, the penalty provided for the crime of illicit enrichment is designed in a manner in which the person who commits such crime has the chance to be less punished. In effect, this provision is inconsistent with the purpose of criminal law and major sentencing principles, but it also degenerates public confidence in the justice system. Therefore, Ethiopia needs to take a lesson from Hong Kong and Rwanda's experiences in incorporating severe and setting minimum limit of penalty for the crime of illicit enrichment that can convey a meaningful message to potential offenders.
Crowdfunding-Based Fiduciary Warrant in Providing Capital Loans for Small and Medium Enterprises Ninis Nugraheni
Hasanuddin Law Review VOLUME 6 ISSUE 3, DECEMBER 2020
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v6i3.2201

Abstract

Small and Medium Enterprises (SMEs) are organized through people's creativity in developing human and natural resources. However, investment challenges often affect their implementation and production processes, necessitating solutions, such as capital loans from banks and other entities. Crowdfunding is an online loaning service that provides easily accessible loans to SME startups, though a warrant to protect creditors from losing money to ingenuine people is necessary. Therefore, this study examines the appropriateness of a fiduciary warrant as a SMEs collateral object. When fiduciary is used as a loan warrant, debtors are allowed to use collateral objects in their production processes. To make a fiduciary warrant effective, legal protection is required. This study used juridical-normative that relied on legal norms in legislation and court verdicts dealing with societal organizational issues. The results showed that crowdfunding-based credit is an alternative with more straightforward procedures compared to conventional entities.
Multilayered Democracy in Papua: A Comparison of “Noken” System and Electoral College System in the United States Ahsan Yunus
Hasanuddin Law Review VOLUME 6 ISSUE 3, DECEMBER 2020
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v6i3.2892

Abstract

The elucidation of understanding popular sovereignty through the implementation of democratic principles when applied to a pluralistic Indonesian society requires a comprehensive study. This study is a normative-legal research by using statute, case, and conceptual approaches. This paper provides information on the latest trend in research. The results show that the characteristics of the general election by Noken system are in line with the Electoral College system to presidential elections in the United States, especially in the Noken system as represented by the chieftain (election by the big man). The Noken system is the result of the relations of political culture and the strengthening of local democracy. Hence, the constitutionality of Noken system is a translation of the constitution that pays attention to the social diversity that lives in society. Not only in the context of general elections, but in every aspect of national and State life, as more attention is given to the constitution of social diversity in society (constitutional pluralism).
Current Issues of Taiwan's Marine Protected Areas Legal Regime Adrian Nugraha
Hasanuddin Law Review VOLUME 6 ISSUE 3, DECEMBER 2020
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v6i3.2484

Abstract

As an 'Ocean Nation,' it is essential for Taiwan to make efforts to conserve its aquatic zones through marine protected areas (MPAs). Marine protected areas have considered one of the most precise methods of maintaining sustainable ecosystems and restoring fish stocks. This article discusses the legal regime for marine protected areas currently applied and its institutional arrangements in Taiwan. This study emphasizes legal issues in Taiwan's marine conservation efforts. This paper analyzes eight primary legislation relating to marine protected areas in Taiwan. Furthermore, to acquire actual field data, this study conducted interviews with a semi-structured questionnaire in three prominent Taiwan institutions related to their marine conservation task. All data obtained were analyzed and presented qualitatively. The issues of Taiwan's marine protected area legal regime have been identified. First, the main issue in Taiwan is that the legal basis for marine conservation is the legislation applied to land. Second, the existing maritime law regime in Taiwan does not emphasize marine conservation efforts. Subsequently, this article also discusses institutional arrangements related to Taiwan's marine protected areas. This paper also offers possible solutions. Enforcing five key Acts related to marine conservation, particularly the 2015 Act of Coastal Zone Management and strengthening institutional Taiwan's Ocean Affairs Council, are the solutions offered in this study.
Crowdfunding-Based Fiduciary Warrant in Providing Capital Loans for Small and Medium Enterprises Nugraheni, Ninis
Hasanuddin Law Review VOLUME 6 ISSUE 3, DECEMBER 2020
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v6i3.2201

Abstract

Small and Medium Enterprises (SMEs) are organized through people's creativity in developing human and natural resources. However, investment challenges often affect their implementation and production processes, necessitating solutions, such as capital loans from banks and other entities. Crowdfunding is an online loaning service that provides easily accessible loans to SME startups, though a warrant to protect creditors from losing money to ingenuine people is necessary. Therefore, this study examines the appropriateness of a fiduciary warrant as a SMEs collateral object. When fiduciary is used as a loan warrant, debtors are allowed to use collateral objects in their production processes. To make a fiduciary warrant effective, legal protection is required. This study used juridical-normative that relied on legal norms in legislation and court verdicts dealing with societal organizational issues. The results showed that crowdfunding-based credit is an alternative with more straightforward procedures compared to conventional entities.
Multilayered Democracy in Papua: A Comparison of "Noken" System and Electoral College System in the United States Yunus, Ahsan
Hasanuddin Law Review VOLUME 6 ISSUE 3, DECEMBER 2020
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v6i3.2892

Abstract

The elucidation of understanding popular sovereignty through the implementation of democratic principles when applied to a pluralistic Indonesian society requires a comprehensive study. This study is a normative-legal research by using statute, case, and conceptual approaches. This paper provides information on the latest trend in research. The results show that the characteristics of the general election by Noken system are in line with the Electoral College system to presidential elections in the United States, especially in the Noken system as represented by the chieftain (election by the big man). The Noken system is the result of the relations of political culture and the strengthening of local democracy. Hence, the constitutionality of Noken system is a translation of the constitution that pays attention to the social diversity that lives in society. Not only in the context of general elections, but in every aspect of national and State life, as more attention is given to the constitution of social diversity in society (constitutional pluralism).

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