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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 7 Documents
 1 
Search results for , issue "VOLUME 9 ISSUE 2, AUGUST 2023" : 7 Documents clear
Human Right to Access Public Information: The Experience of Ukraine and the Practice of the ECtHR Shevchuk, Oleksandr Mykhailovych; Drozdov, Oleкsandr Mykhailovych; Kozak, Vadim Anatoliyovych; Vyltsan, Anastasiia Oleksandrivna; Verhoglyad-Gerasymenko, Оlena Volodymyrivna
Hasanuddin Law Review VOLUME 9 ISSUE 2, AUGUST 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i2.4396

Abstract

The guarantee of ensuring the right to access public information is an important condition and criterion for functioning in a legal democratic state. In addition, realizing the right to access public information is essential for preventing and detecting corruption. The purpose of this work is to analyze international legal rules and standards, as well as to provide some examples of the practice of the European Court of Human Rights in the context of the implementation of the right to access public information. It has been established that the right to access public information is a component of the human right to information and is a fundamental constitutional human right. The existing practice of the European Court of Human Rights confirms the importance of protecting the right of access to public information. It indicates to states that it is mandatory to comply with it, the expediency of applying an effective system of control measures to implement the right under study. The paper analyzes theoretical and legal approaches to understanding the human right to access public information and determines its place in human rights. An analysis of the practice of the European Court of Human Rights regarding the right to access public information made it possible to identify existing shortcomings in the legislation of the Member States and Ukraine and to find ways and methods for solving such problems and prospects for preventing such violations in the future, as well as the possibility of applying the decisions of the European Court of Human Rights to improve the current domestic legislation in this area.
Disgorgement of Profits: An Alternative Solution to Stolen State Assets’ Recovery from Corporate Financial Crimes Ariyanny, Renny; Bae, Sung-jun; Dermawan, Mohammad Kemal
Hasanuddin Law Review VOLUME 9 ISSUE 2, AUGUST 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i2.4622

Abstract

In recent years, the Indonesian government has suffered a huge loss of state assets due to the misbehavior of corporations in financial management because the Indonesian legal system does not have a specific regulation to address corporate financial crime. When a corporate financial crime case arises, Indonesian law enforcement approaches this crime using the Anti-Corruption Act. However, the aim to retrieve the stolen government assets purloined by a corporation using the Anti-Corruption Act is still insufficient, therefore, other related regulations such as the Money Laundering Act have to apply as an additional instrument to realize optimal recovery from the misbehaving corporation. Because the long process involved in criminal and civil courts it is sometimes a waste of the law enforcement effort and the funds expended to get paid back from offenders and/or corporations because the money received is much lower than the money lost or even zero. To bridge the gap between the money lost initially and the repayment money, because of the lack of special legal regulation concerning corporate financial crime, this research intends to study the possibility of using a “disgorgement of profits” approach as a faster way to get the maximum repayment of stolen money/assets from instances of corporate financial crime in out-of-court settlements.
Intercountry Adoption in Malaysia and Morocco: A New Frontier A. Kadir, Nadhilah; Mohd, Azizah
Hasanuddin Law Review VOLUME 9 ISSUE 2, AUGUST 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i2.4607

Abstract

Intercountry adoption offers a family-based care option for children in need of care and protection. It allows them to find loving and permanent homes outside their birth country, providing them with stability, support, and a sense of belonging essential for their well-being. The Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption 1993 (Hague Convention 1993) serves as the primary international legal instrument governing intercountry adoption. Despite its importance, intercountry adoption remains relatively uncommon in Malaysia, as the country lacks specific statutory provisions and is not a signatory to the Hague Convention 1993. The purpose of this study is to examine the current state of intercountry adoption in Malaysia and Morocco and explore the viability of intercountry adoption as a child protection measure. The study involves interviews with relevant departments and an examination of Malaysia's current adoption laws. Additionally, the study analyses the international legal framework, including the Hague Convention 1993 and the United Nations Convention on the Rights of the Child 1989 (UNCRC) to provide a comprehensive understanding of the context surrounding intercountry adoption. Furthermore, this paper offers a comparative analysis of Morocco's intercountry kafalah system, which recognises kafalah as an alternative to legal adoption based on Islamic law. The findings of this study will offer valuable insights and recommendations for enhancing Malaysia's approach to intercountry adoption. By considering best practices and international standards, this research seeks to ensure the well-being and protection of children in need of care and protection, promoting their access to a stable and nurturing family environment.
Transfer of Land Ownership and Marginalization as Impact of Tourism Industry Sumarja, Fransiscus Xaverius; Sujadmiko, Bayu; Nguyen, Tien Dung; Rusmawati, Dianne Eka
Hasanuddin Law Review VOLUME 9 ISSUE 2, AUGUST 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i2.4593

Abstract

Tourism has emerged as one of the foremost industries experiencing rapid growth. Over the past few decades, the sector has witnessed continuous development in Indonesia, evident from the increasing number of foreign tourist arrivals. The rapid growth of tourism in various regions has undeniably yielded positive impacts on both investment and the overall economy. However, it has also given rise to a multitude of challenges that need to be addressed. One of the challenges pertains to the issue of land ownership, specifically concerning the acquisition of residents' lands surrounding tourist destinations by foreign individuals, which is strictly prohibited under Indonesian law. Therefore, a comparative analysis between Indonesia and Malaysia is needed to identify regulation problems to potentially increase cases of legal smuggling of foreign land ownership transfers. This study explains the practice of land ownership by foreigners in the Pesisir Barat District of Lampung, along with the associated problems analyzed through a socio-legal approach. The results show that tourism undeniably benefits the economic sector, and resulted in legal infringements concerning land ownership, leading to the marginalization and displacement of local communities. This study adopts a comparative law method, elucidating the respective provisions of both Indonesia and Malaysia, supplemented by a normative juridical approach to examine legal principles, regulations, and systematics through the examination of relevant library materials. Consequently, it is essential to enhance the regulations surrounding the transfer of land to foreigners, including Foreign Citizens and Foreign Legal Entities with representatives in Indonesia, emulating the stringent land tenure restrictions imposed by Malaysia on foreign nationals.
The Guardian of Constitution: A Comparative Perspective of Indonesia and Cambodia Sampe, John; Ristawati, Rosa; Hakyou, Be
Hasanuddin Law Review VOLUME 9 ISSUE 2, AUGUST 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i2.4627

Abstract

A democratic state may be indicated by the existence of a constitutional institution that has the competence to uphold constitutionalism and defend the constitution. As the guardian of the constitution, the Constitutional Council of the Kingdom of Cambodia (Constitutional Council) and the Constitutional Court of the Republic of Indonesia (Constitutional Court) have the same purpose, namely to uphold constitutionalism and protect the constitution. However, in terms of structure, procedures, and competencies, the Constitutional Council and the Constitutional Court have individual mechanisms. Institutionally, the two judicial bodies occupy different characteristics, but they share the common goal of safeguarding the constitution’s core values. This paper aims to analyze and scrutinize different features of the Constitutional Council and the Constitutional Court by showing the same purpose as the guardian of the constitution. Within this paper, the legal outcomes which is decisions are discussed, particularly the effect of the decisions. In addition, this paper looks into who can be the applicant or can file a complaint and clarifies the qualifications and resignations of judges. This paper concludes on whether the Constitutional Court and the Constitutional Council have different paths in upholding constitutionalism and protecting the constitution.
Local Wisdom-Based Water Resources Conservation: Enhancing Local Wisdom in Society 5.0 Aspan, Zulkifli; Widodo, Ernu; Jurdi, Fajlurrahman; Jundiani, Jundiani
Hasanuddin Law Review VOLUME 9 ISSUE 2, AUGUST 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i2.4298

Abstract

Local wisdom as capital for sustainable water resource conservation is becoming increasingly important in the era of Society 5.0. It is characterized by technological transformation and extensive interconnection. In this context, implementing local wisdom values in the conservation of water resources is a significant challenge. This paper discusses the challenges faced in conserving sustainable local wisdom-based water resources in the era of Society 5.0, such as cultural and technological changes. This paper also examines legal regulations in water resource conservation based on local wisdom, such as how laws regulate water use and budget arrangements for water resource conservation. The method used is a literature study of several legal materials using concept and statutory approaches, then analyzed to answer the problems studied. The results show that it is necessary to strengthen the recognition and protection of local wisdom through the preparation or revision of laws and regulations that recognize the values of local wisdom in the conservation of water resources, a collaboration between stakeholders to build citizen communication and consultation; and regulatory adjustments to support the conservation of water resources in the era of society 5.0.
Disgorgement of Profits: An Alternative Solution to Stolen State Assets’ Recovery from Corporate Financial Crimes Ariyanny, Renny; Bae, Sung-jun; Dermawan, Mohammad Kemal
Hasanuddin Law Review VOLUME 9 ISSUE 2, AUGUST 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i2.4622

Abstract

In recent years, the Indonesian government has suffered a huge loss of state assets due to the misbehavior of corporations in financial management because the Indonesian legal system does not have a specific regulation to address corporate financial crime. When a corporate financial crime case arises, Indonesian law enforcement approaches this crime using the Anti-Corruption Act. However, the aim to retrieve the stolen government assets purloined by a corporation using the Anti-Corruption Act is still insufficient, therefore, other related regulations such as the Money Laundering Act have to apply as an additional instrument to realize optimal recovery from the misbehaving corporation. Because the long process involved in criminal and civil courts it is sometimes a waste of the law enforcement effort and the funds expended to get paid back from offenders and/or corporations because the money received is much lower than the money lost or even zero. To bridge the gap between the money lost initially and the repayment money, because of the lack of special legal regulation concerning corporate financial crime, this research intends to study the possibility of using a “disgorgement of profits” approach as a faster way to get the maximum repayment of stolen money/assets from instances of corporate financial crime in out-of-court settlements.

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