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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
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Search results for , issue "VOLUME 8 ISSUE 3, DECEMBER 2022" : 8 Documents clear
Phenomenon of the Increasing Single Candidates and Backsliding Democratic Values in Indonesia Febrian Febrian; Iza Rumesten; Nurhidayatuloh Nurhidayatuloh; Neisa Angrum Adisti
Hasanuddin Law Review VOLUME 8 ISSUE 3, DECEMBER 2022
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v8i3.2880

Abstract

One interesting thing to discuss regarding the holding of regional head elections in 2020 is the increasing number of single candidates participating in democracy contestation. This article offers a comprehensive assessment of the theoretical and practical connections between the number of single candidates in holding regional head elections to the weakening of democratic values in regional head elections. The research methodology adopted for this research was normative. The results show that the factors causing the increase in the number of single candidates are the high threshold that must be met by political parties, an expensive political dowry, and the failure of political parties in carrying out the regeneration function. The increasing number of single candidates in regional head elections is synonymous with the decline in democratic values because the closure of the freedom space for the people to choose candidates. A single pair of candidates will close the freedom space for the people to elect their candidate for leader. A single pair of candidates in regional head elections can close the freedom space for the people to know and discuss the vision, mission, and work program of the single candidate pair. A single candidate in the regional head election is a violation of human rights because it has the potential to block the opportunity for the lower middle class to compete in the elections. The regional head elections with a single candidate will limit broader community participation.
Legal Cooperation in the ASEAN Maritime Environment in the Free Trade Era: Its Implication for Indonesia Idris Idris; Arfin Sudirman; Mursal Maulana; Amanda Yola
Hasanuddin Law Review VOLUME 8 ISSUE 3, DECEMBER 2022
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v8i3.3591

Abstract

For the past 30 years, an estimated 50 percent of the coral reef population has declined as a result of overfishing, pollution, coastal development, and climate change. Such decline risks jeopardizing livelihoods and the capacity for disaster risk reduction, as well as endangering marine biodiversity. With the emergence of free trade and the high mobility of modern ships, trade goods all over the world are increasingly affected by marine pollution. Since 1992, at least 600,000 tons of oil have entered the oceans each year, primarily from normal shipping operations, accidents, and illegal discharges, which contribute to more pollution than does offshore oil and gas exploitation. Recognizing the differentiation of circumstances in each maritime area, current international law, including that in Southeast Asia, regulates the framework of marine environment protection in cooperation with other states and other international organizations. Unfortunately, because the Association of Southeast Asian Nations framework does wield binding power, its declarations have yet to create significant improvements to the region’s marine environment. This paper discusses the urgency to create a new binding regulation within Association of Southeast Asian Nations that would obligate its Member States to actively protect the region’s marine environment.
What Could ASEAN Learn about Bankruptcy Law from ASEAN Partner Countries, China and Japan? Suwinto Johan; Amad Sudiro; Ariawan Gunadi
Hasanuddin Law Review VOLUME 8 ISSUE 3, DECEMBER 2022
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v8i3.3692

Abstract

By 2021, Japan will have the third-largest economy in the world, behind China, which is currently the world's second-largest economy. China accounts for 17.9% of the global gross domestic product (GDP), while Japan accounts for 5.4 percent. In 2022, the Association of Southeast Asian Nations (ASEAN) and Asia Pacific countries, such as Australia, will establish the RECP (Regional Comprehensive Economic Partnership), becoming the world's largest free trade area cooperative bloc. On the other hand, it brings within several investment risks. Undertakings succumbing in the financial hardships or financial default will be manifested. Diverse legal systems result in different approaches to resolving defaulted businesses. For businesspeople, this disparity in the legal system creates legal uncertainty. The goal of this study is to describe how the bankruptcy system works in RCEP member countries and what ASEAN nations may do to improve their bankruptcy laws. The normative legal method is used in this study. This method compares the legal systems of the top ASEAN countries and other RCEP members. This analysis concludes that ASEAN bankruptcy legislation can be improved by using current systems from other ASEAN and RCEP nations. When faced with bankruptcy, the consistency of regulations is supposed to give legal certainty for corporate actors. This will also provide investors from other countries with a sense of security.
Judicial Control over Administrative Discretion in Iraq Mohammed Noori Ali; Nurhafilah Musa; Mohamad Rizal bin Abd Rahman
Hasanuddin Law Review VOLUME 8 ISSUE 3, DECEMBER 2022
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v8i3.3876

Abstract

Discretionary powers allow administrative authorities to fulfil public interest through their flexibility to act in circumstances not anticipated by law. Yet, in Iraq discretionary power remains contentious as it may undermine individual rights. This article examines the concept of discretionary powers, particularly how Iraq's administrative authorities exercise such powers and the role of Iraq's administrative judiciary in reviewing any administrative decisions. Analysis of material from primary and secondary sources reveals that Iraq's legal system permits administrative authorities to exercise broad discretionary decision-making powers. This precipitate abuses. Further, the restriction of Iraq's administrative judiciary and the absence of suitable legislation prevent administrative court judges from effectively curbing administrative arbitrariness. Legal transformations are necessary to streamline the scope for discretion by requiring Iraq's administrative authorities to provide reasoned decisions and better empower the administrative judiciary to check the administration's arbitrariness. As well, judges need more training on the operations of administrative courts.
A Paradox of Student Bullying Prevention in China: Between Social Anxiety and the Reaction to it Gui Huang
Hasanuddin Law Review VOLUME 8 ISSUE 3, DECEMBER 2022
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v8i3.3947

Abstract

Student bullying has been considered a serious social problem. This is because, firstly, student bullying cases have been occurring frequently in recent years, and have raised many guardians’ concerns for their child’s safety and healthy growth; secondly, the school and the government aren’t able to take effective measures to prevent student bullying. The reasons behind it vary, but the family dynamic— failing to cultivate a wholesome personality in the child, lacking of guardian supervision and family education, and the school climate—the boarding school system and bureaucratic formalism in school—are the two key ones. In these two years, the authorities have improved measures by adopting and amending Law on the Protection of Minors and administrative regulations, including Regulation on the School Protection of Juvenile, Directive on Preventing and Governing Student Bullying and Violence in Primary and High Schools, with the aim of eliminating the formalism and bureaucratism.
Will Formalities during the Pandemic: A Comparative Study of Malaysia and Selected Jurisdictions Gary Kit Min Ng; Chee Ying Kuek; Eng Siang Tay; Francesca Nyuk Oi Chin; Joanne En Ling Lau
Hasanuddin Law Review VOLUME 8 ISSUE 3, DECEMBER 2022
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v8i3.3945

Abstract

Most countries around the world have entered the endemic stage of the novel coronavirus after 2 years of battling with the soaring rise of infections among the people. As of 1 April 2022, Malaysia, a country which has one of the highest rates of infection per capita in Southeast Asia, has entered the endemic phase of Covid-19. For a will to be valid in Malaysia, the formalities in the Wills Act 1959 (Revised 1998) must be strictly conformed to. A slight deviation from the formalities would render invalid the will that conveys the testamentary intention of the testator. The Covid-19 pandemic has raised several issues including issue of mobility, making wills difficult to be validly executed in accordance with the Wills Act 1959. Even though Malaysia has moved on to the endemic stage, the pandemic of Covid-19 has clearly shown the inadequacy of Wills Act 1959 to serve in the changed and ever-changing world. This paper adopts the doctrinal legal research method by analysing the existing laws in Malaysia and comparing with other jurisdictions such as Australia, United Kingdom, and the United States of America, in considering the necessary reforms in order to uphold the testamentary intention of the will despite the need for formalities, to cope with future unprecedented events. This includes allowing remote execution, adopting electronic wills and electronic signatures in the execution of wills, and introducing dispensing powers. Reforms to the Wills Act are necessary due to the challenges encountered in the new norm and also in light of the rapid technological advancements that the world has undergone.
Implementation of Civil Rights against Vulnerable Groups in the Legal and Constitutional System in Indonesia Rudy Rudy; Rudi Natamiharja; Jalil Alejandro Magaldi Serna; Ahmad Syofyan
Hasanuddin Law Review VOLUME 8 ISSUE 3, DECEMBER 2022
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v8i3.4229

Abstract

Constitutional Court is established as an effort to uphold the rule of law and provide maximum protection for democracy as well as human rights, particularly civil rights. The main purpose of the rule of law is to protect citizens' freedom from state power. Therefore, this study aims to examine the implementation of civil rights against vulnerable groups in the Indonesian legal and constitutional system. Data were analyzed using a normative juridical approach by examining theories, concepts, legal principles, and statutory regulations obtained from legal sources such as books, articles/writings, and other documents. The government issued various laws and regulations with multiple conventions such as the rights of the child and the elimination of all forms of discrimination but this effort has not been supported by a strong shared commitment. Based on these circumstances, it is necessary to develop an effective law enforcement mechanism to protect citizens' rights, particularly vulnerable groups.
Implementing of Green Building Policy: From Supervision to Self-Regulatory System Ronny Adrie Maramis; Theodorus H.W Lumunon
Hasanuddin Law Review VOLUME 8 ISSUE 3, DECEMBER 2022
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v8i3.4134

Abstract

The implementation of green building policies has not shown problems of effectiveness and legal level and has not gained a good momentum socially as a social movement. The introduction of policies and program implementation through the involvement of various sectors and stakeholders is necessary. General understanding of green building and its policies and enforcement is still low, but in related sectors such as civil engineering and architecture professionals as well as planning consultants have adequate knowledge. This article aims to reveal the complexity of the problems and implementation of green building in Indonesia. This study uses a normative juridical method, with a conceptual approach and field data as support. The results show that an effective way to promote, implement and monitor green building policies is to utilize a self-regulatory mechanism, a system that delegates green building regulatory to professional groups in the fields of civil engineering, architecture and contractor associations.

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