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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 8 ISSUE 2, AUGUST 2022" : 8 Documents clear
Administrative Land Conflicts and Reforming State-Owned Enterprises in Indonesia Anshori Ilyas; Hamzah Hamzah
Hasanuddin Law Review VOLUME 8 ISSUE 2, AUGUST 2022
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (500.338 KB) | DOI: 10.20956/halrev.v8i2.2362

Abstract

Land control and ownership contain the emergence of legal norms including authority, rights, and obligations, as well as power. In juridical, it is a system aiming to protect and encourage values that are strongly embraced by the community. This study presents an up-to-date survey on the conflict between state-owned enterprises (SOEs) and the community in Indonesia. Normative and empirical approach were used in this study. The results showed that state-owned enterprises are more subject to institutional pressures that arise from a weak authority of “state ownership”. This weak authority is developed through the combination of ideological conflicts, perceived threats to national security, and claimed unfair competitive advantage. The results not only extend the institutional theory to explain differential effects on entrants but also demonstrate how foreign investors of idiosyncratic origins proactively build authority in host countries.
The Policy on Illegal Oil Palm Plantation Reform in Forest Area during Jokowi’s Presidency Albertus Sentot Sudarwanto; Lego Karjoko; I Gusti Ayu Ketut Rachmi Handayani; Arifin Ma’aruf; Henning Glaser
Hasanuddin Law Review VOLUME 8 ISSUE 2, AUGUST 2022
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v8i2.3566

Abstract

Indonesia is the largest oil palm producer. The area of oil palm plantations is approximately 3.4 million. However, this large potential is not part away from legal issues such as illegal oil palm plantations. It is also implied by overlapping regulations and permits. This study aims to examine the policy of illegal oil palm plantations reform and the rooted regulation problem in forest areas during Joko Widodo era. This research relies on a normative legal approach. Data was collected through the investigation of legal material regarding oil palm policies. The results of this study indicate that the overlapping regulation contributes negatively to the reformation attempt. Yet, there are no legal products and policies regarding the dispute settlement of illegal oil palm in forest areas. Repressive implementation of criminal law does not solve the problem at the grassroots. The establishment of Job Creation Law provides new hope for the settlement of oil palm plantations problem by mainstreaming the nonlitigation mechanism, namely administrative sanctions.
Passenger Name Record Data Protection under European Union and United States Agreement: Security over Privacy? Rizaldy Anggriawan; Andi Agus Salim; Yordan Gunawan; Mohammad Hazyar Arumbinang
Hasanuddin Law Review VOLUME 8 ISSUE 2, AUGUST 2022
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v8i2.2844

Abstract

Privacy should become a key component in the IT system. It is not something to be considered at last but from the very early stages. Almost no nation has a greater sense of personal data security which could be equivalent to the European level. Since 9/11, the United States has declared to utilize PNR as a method for combating terrorism by associating PNR data with criminal records. Nevertheless, in fact, the majority of data found in the PNR is immense and most of this data is of a confidential nature. The paper used doctrinal legal research methodology utilizing the case and comparative law approach. It elaborates particular cases in relation to data protection issues. It also explores the differences between EU and US law which hinder the idea of data protection in particular on PNR. The study revealed that security is one of the most critical issues which hinder the agreement between the EU and the US on PNR data protection. As the EU promotes the highest standard to the data protection referring to the European community history and GDPR provisions, while the US places national security as a main priority beyond the privacy issues.
In Search of a Deferred Prosecution Agreement Model for Effective Anti-Corruption Framework in Indonesia Febby Mutiara Nelson
Hasanuddin Law Review VOLUME 8 ISSUE 2, AUGUST 2022
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v8i2.3292

Abstract

To help reduce the corruption in the criminal justice system, Indonesia should consider implementing a Deferred Prosecution Agreement (DPA) mechanism. DPA would not only aiming for punishment to corporations, especially in special and general deterrence, but also could accommodate in returning state assets from perpetrators. Indonesia could learn from the DPA models applied in the U.K. and U.S., as well as the proposed model in Australia. DPA models could be noteworthy in making the criminal justice process more effective, efficient, and less time-consuming, as well as resolving the problems of significant caseloads and ongoing corruption. 
The Creation of the Right of Real Servitude: Derivative and Original Method Based on the Kosovo and Some European Countries Kastriote Vlahna; Hajredin Kuçi
Hasanuddin Law Review VOLUME 8 ISSUE 2, AUGUST 2022
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v8i2.3614

Abstract

Legal provisions define the right of servitude as a real right both in local legislation and in the legislation of European countries. Based on the local legislation, some shortcomings are encountered when it comes to the right of servitude, particularly the right of servitude in kind. An issue that will have to be addressed and compared with the legislation of other countries is the crime of the right of real servitude, based on the ways of creating this right. Based on the local legislation, it is emphasized that the right of real servitude can be created based on a legal title, the decision of a state body and based on the law. At the same time, no more detailed division is made to show which legal title belongs in which way, that of derivatives or original. In comparison, legislation of European countries such as Germany, Austria and France, as well as regional countries, it is emphasized that there are two ways for the crime of the right of real servitude. After the ways are mentioned, the separation of legal titles is done; such a thing should be defined in the legislation of Kosovo. Nevertheless, based on the provisions of the legislation in force, we note that where the legal titles for the creation of the right of real servitude are mentioned, there it is known that there are two ways of creating the right of real servitude that the derivative way and the original way of obtaining the right of real servitude, only that it would be more correct if they specified which legal title is considered a derivative title, which in our case is the contract and testament, and which would be considered an original title, which could be the decision of the state body such as that of the court or any administrative body.
Imprisonment as a Criminal Sanction against Corporations in Forestry Crimes: How Is It Possible? Hafrida Hafrida; Retno Kusniati; Yulia Monita
Hasanuddin Law Review VOLUME 8 ISSUE 2, AUGUST 2022
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v8i2.3187

Abstract

Environmental harms are frequently part and parcel of ordinary commercial practice. This study aimed to highlight the importance of applying imprisonment as a corporate criminal sanction in forestry crimes to observe and consider individual and far-reaching victims. Forest crimes impact the community’s socio-cultural life and cause environmental damage by increasing global warming. Based on the laws and regulations, fines as criminal sanctions do not effectively deter corporations. Subsequently, imprisonment could be an alternative criminal sanction against corporations through identification where corporate liability could be identified through its management. Actions taken by the management are not based on their rights and authorities but those of the corporations. Therefore, imprisonment and other sanctions such as restitution are expected to effectively and viably address forestry crimes.
Children Rights to "Zero Hunger" and the Execution Challenges during the COVID-19 Crisis Rahman, Nurul Hidayat binti Ab; Yasin, Redwan bin
Hasanuddin Law Review VOLUME 8 ISSUE 2, AUGUST 2022
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v8i2.3684

Abstract

Zero hunger is the world's pledge under the Sustainable Development Goals 2030, which aims to end hunger, achieve food security and improve nutrition. Nevertheless, the mission had been seized as the world faced economic turndown due to the outbreak of the COVID-19 virus. The circumstances have brutally affected societies ideal living standards and raised social problems such as extreme poverty, famishment, malnutrition, and medical conditions, specifically among vulnerable children. The essential purpose of this writing is to elucidate the zero hunger goal as one of the central legal rights and identify challenges in executing it during the COVID-19 crisis. Data were collected through library studies and analyzed critically using the content analysis method. The writing finds that the progress of zero hunger is decelerated as the pandemic has caused few challenges. The paper concludes that all objectives under the SDG 2 are significant to be achieved to ensure vulnerable children survival. Thus, the paper recommends that humanitarian relief assists with food distribution among those in dire need, especially at-risk children. Furthermore, food and agricultural production must be maintained to guarantee enough food supply chain. Ultimately, every government must comply with SDG 2, specifically for the benefit of vulnerable children.
Children Rights to "Zero Hunger" and the Execution Challenges during the COVID-19 Crisis Rahman, Nurul Hidayat binti Ab; Yasin, Redwan bin
Hasanuddin Law Review VOLUME 8 ISSUE 2, AUGUST 2022
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v8i2.3684

Abstract

Zero hunger is the world's pledge under the Sustainable Development Goals 2030, which aims to end hunger, achieve food security and improve nutrition. Nevertheless, the mission had been seized as the world faced economic turndown due to the outbreak of the COVID-19 virus. The circumstances have brutally affected societies ideal living standards and raised social problems such as extreme poverty, famishment, malnutrition, and medical conditions, specifically among vulnerable children. The essential purpose of this writing is to elucidate the zero hunger goal as one of the central legal rights and identify challenges in executing it during the COVID-19 crisis. Data were collected through library studies and analyzed critically using the content analysis method. The writing finds that the progress of zero hunger is decelerated as the pandemic has caused few challenges. The paper concludes that all objectives under the SDG 2 are significant to be achieved to ensure vulnerable children survival. Thus, the paper recommends that humanitarian relief assists with food distribution among those in dire need, especially at-risk children. Furthermore, food and agricultural production must be maintained to guarantee enough food supply chain. Ultimately, every government must comply with SDG 2, specifically for the benefit of vulnerable children.

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