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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 9 ISSUE 1, APRIL 2023" : 8 Documents clear
In the Question of Geospatial Information Data Use in the Forestry Legislation Making in Indonesia Suparto Wijoyo; Wilda Prihatiningtyas; Indria Wahyuni; Dita Elvia Kusuma Putri; Ardhana Christian Noventry
Hasanuddin Law Review VOLUME 9 ISSUE 1, APRIL 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i1.4303

Abstract

The high rate of deforestation and many forest disputes in Indonesia show that forest management in Indonesia is not based on the principles of good forest governance. It also shows that there is still a lack of attention to the aspect of sustainable forest development which focuses on a balanced sustainability condition between the three forest functions (production, ecology, and socio-economic functions). Geospatial Information is expected to be the solution to help provide an accurate data and information which mapping forest development in accordance with the conditions of each forest area, so that the three functions can operate coherently. Furthermore, with the presence of integrated geospatial data, it can be used as a tool in policy formulation, decision making, and/or dispute resolution in the forestry sector. This paper applies empirical juridical research consisting participatory methods through discussions and interviews with related parties.  In practice, the legal materials are firstly collected by using inventory and documentation. Then, it’s completed by interviews and Focus Group Discussion data. Moreover, it also applies statutory, conceptual, and case approaches. This paper highlights the use of geospatial information data in the forestry legislation making in Indonesia.  Hence, this paper will present new information about the model of forestry dispute resolution based on geospatial information.
Legal Status of Cryptocurrency Circulation in Iraq: Lessons from the United Arab Emirates and the United States Ghassan Adhab Atiyah; Nazura Abdul Manap; Saidatul Nadia Abd Aziz
Hasanuddin Law Review VOLUME 9 ISSUE 1, APRIL 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i1.3867

Abstract

The philosophical emergence of cryptocurrencies is a consequence of the desire to get rid of the authorities’ control of the monetary system, which encouraged people to deal with it for investment or to facilitate the fulfilment of their financial obligations. The research problem is represented through the lack of legislation that regulates dealing with cryptocurrencies in Iraq. There are many technical, legal, and security risks for the use and circulation of cryptocurrency, which must be legally addressed and suitable solutions found. Therefore, this article aims to examine and analyse the legal status of cryptocurrencies in selected jurisdictions through multiple stages, from prohibition to licensing and regulation. This article adopted a qualitative approach to analyse the legal status of cryptocurrency in the selected jurisdictions. The study finding shows that the Iraqi authorities do not have the technical or legal means to prevent the illegal use of cryptocurrencies. In addition, there is a large legislative gap with the developed countries, and lawmakers need to regulate cryptocurrencies by enacting laws to protect people from falling victim to fraud.
The Presence of the Defense Lawyer in Vietnam’s Criminal Justice System: Substantive or Cosmetic? Chi, Le Lan; Lan, Nguyen Thi; Ngan, Nguyen Hoang
Hasanuddin Law Review VOLUME 9 ISSUE 1, APRIL 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i1.4121

Abstract

Defense lawyers play an important role in protecting the rights and interests of the accused, contributing to upholding justice and reducing the number of wrongful convictions. In Vietnam, in accordance with the current Criminal Procedure Code of 2015, defense lawyers have been given more and more rights to perform legal defense activities. However, defense lawyers are still considered to be passive participants in criminal proceedings, classified under the “judicial complementary” group. The right of lawyers to collect evidence is restricted. Furthermore, other rights have not been fully implemented. The number of lawyers compared to the entire population remains low, and there are very few criminal cases that include the participation of defense lawyers. These circumstances beg the question of whether the presence of defense lawyers in Vietnam’s criminal justice system is substantive or merely a cosmetic façade intended to improve Vietnam’s global image. This paper seeks to answer this question by analyzing the results of surveys conducted with Vietnamese lawyers. Moreover, it provides some recommendations to strengthen the role of defense lawyers in the criminal justice system of Vietnam.
Navigating the Hidden Politics of Water Resource Bureaucracies in Indonesia: Mapping Issue-Elements and Alliances Muhammad Alif K. Sahide; Micah R. Fisher; Nurul Hasfi; Emban Ibnurusyd Mas’ud; Ahsan Yunus; Fatwa Faturachmat; Siti Halimah Larekeng; Ahmad Maryudi
Hasanuddin Law Review VOLUME 9 ISSUE 1, APRIL 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i1.4304

Abstract

Water resource politics are often overlooked for jurisdictional perspectives, or difficult to comprehend for the politics unfolding behind the scenes. Using Indonesia as a case study, we synthesized all water-related bureaucracies to generate a list of “Water resource Issue-Elements,” which served as a framework for translating actor-centered power dynamics. The data is based on policies reviewed from 2014 to 2017, coinciding with the beginning of a new presidential administration with heightened interests in water resource management. The study found that while the central coordinating and planning bureaucracies wield the strongest network power, two sectoral bureaucracies hold tremendous influence in guiding water resource management, which unfold under conditions of highly fragmented politics. On the one hand, the Ministry of Environment and Forestry influences water resources through its land management mandate and seeks to enlarge its bureaucratic power beyond state forest boundaries through the concept of watersheds. On the other hand, The Ministry of Public Works and Housing maintains its traditional mandate for managing river basins, wielding large budgets and networks to control information and determine project-related disbursements. As these two bureaucracies shape alliances administering water resources, their delegating responsibilities also refract to regional bureaucracies, shaping a new set of subnational contestations.
The Impact of Indonesia's Mining Industry Regulation on the Protection of Indigenous Peoples Mohammad Jamin; Abdul Kadir Jaelani; Mulyanto Mulyanto; Reza Octavia Kusumaningtyas; Duc Quang Ly
Hasanuddin Law Review VOLUME 9 ISSUE 1, APRIL 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i1.4033

Abstract

The government has established various policies regarding mining in Indonesia. Still, an important question that needs to be asked is whether these policies have provided benefits, justice, and balance for indigenous and tribal peoples. This study aims to analyze the impact of Indonesian mining regulations on the protection of indigenous peoples. This is a normative legal research effort. The literature review gathers information from document analysis, which is analyzed qualitatively. Data analysis is descriptive-analytic in nature. The study results show that the impact of mining regulations still needs to reflect the recognition and protection of the rights of indigenous peoples. There is a need to improve mining management legislation and systems. Standardization of reclamation and post-mining management is required to provide implementation guidelines that meet the needs of the community. It has no negative impact on the community surrounding the mine. Licensing is one policy that can be used to implement standardization, which means keeping an eye on how the land is managed after mining, how waste is handled, and how policies are made to encourage mining and conservation activities that are good for the environment.
Plastic Waste Management in Indonesia: Current Legal Approaches and Future Perspectives Maskun Maskun; Hanim Kamaruddin; Farida Pattitingi; Hasbi Assidiq; Siti Nurhaliza Bachril; Nurul Habaib Al Mukarramah
Hasanuddin Law Review VOLUME 9 ISSUE 1, APRIL 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i1.3683

Abstract

The ever-increasing domestic consumption of plastic products and materials has forced Indonesia to propel forward the means and approaches in dealing with their disposals. Despite the presence of numerous legal instruments serving as basis justifying actions to deal with plastic waste, Indonesia is still nowhere near success in tackling the issue of mismanagement. This article is devoted to normatively analyze various legal approaches used to govern plastic waste management Indonesia, and to unravel issues related to such approaches. It is carried out using normative-legal research methods in which various legal instruments and other secondary legal materials are analyzed descriptively to point out the emerging legal issues. The main findings reveal that laws and regulations as well as public policies that serve as legal basis and approach to deal with plastic waste governance in Indonesia still possess some weaknesses. Further examinations suggest the needs for improvement in some legal aspects from which some new perspectives could then be shaped to envisage future actions.
Special Autonomy and the Principles of Federal System: A Blurred Portrait of the Special Autonomy for Papua Frans Reumi
Hasanuddin Law Review VOLUME 9 ISSUE 1, APRIL 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i1.4289

Abstract

The spirit of implementing decentralization and special autonomy contains the principle of federal arrangements is the right solution in the Indonesian government system. A unitary state in the form of a Republic with social conditions, multicultural society, and geographical conditions with thousands of islands is a challenge in realizing prosperity. This article is normative-legal research. The data used are primary legal materials obtained from relevant regulations and secondary legal materials obtained from various related literatures. The result shows that implementing the principle of the reserve of powers was to the region and direct election system for regional heads and deputy regional heads. Meanwhile, decentralization which leads to a federal system, has positive and negative effects on the implementation of the functions and objectives of the state, stated in the spirit of special autonomy. Both de facto and de jure, this legal policy reflects the principle of the federal system, which aims to maintain the integrity of the Unitary State of the Republic of Indonesia.
The Presence of the Defense Lawyer in Vietnam’s Criminal Justice System: Substantive or Cosmetic? Chi, Le Lan; Lan, Nguyen Thi; Ngan, Nguyen Hoang
Hasanuddin Law Review VOLUME 9 ISSUE 1, APRIL 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i1.4121

Abstract

Defense lawyers play an important role in protecting the rights and interests of the accused, contributing to upholding justice and reducing the number of wrongful convictions. In Vietnam, in accordance with the current Criminal Procedure Code of 2015, defense lawyers have been given more and more rights to perform legal defense activities. However, defense lawyers are still considered to be passive participants in criminal proceedings, classified under the “judicial complementary” group. The right of lawyers to collect evidence is restricted. Furthermore, other rights have not been fully implemented. The number of lawyers compared to the entire population remains low, and there are very few criminal cases that include the participation of defense lawyers. These circumstances beg the question of whether the presence of defense lawyers in Vietnam’s criminal justice system is substantive or merely a cosmetic façade intended to improve Vietnam’s global image. This paper seeks to answer this question by analyzing the results of surveys conducted with Vietnamese lawyers. Moreover, it provides some recommendations to strengthen the role of defense lawyers in the criminal justice system of Vietnam.

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