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Hasanuddin Law Review

halrev
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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

Arjuna Subject : -

Articles 293 Documents

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The Anomaly of the Village Government in Establishing Village Owned Enterprise Busyra Azheri; Upita Anggunsuri
Hasanuddin Law Review VOLUME 4 ISSUE 2, AUGUST 2018
Publisher : Faculty of Law, Hasanuddin University

Village Owned Enterprise is an important part of the form of empowerment economic community at the village. Given, the urgency of the existence of Village Owned Enterprise, the government through the Regulation of Ministry of Villages, Disadvantaged Regions and Transmigration No. 5 of 2015 stated that one of the priorities of the use of village funds is for the establishment and development of Village Owned Enterprise. While the mechanism of establishment of Village Owned Enterprise is based on the result of village consultative meeting involving element of village government, element of village consultative body, and elements of community figures. The result of the village consultative meeting is implemented in form Village Regulation. However, it causes anomaly related to the status of Village Owned Enterprise, because it does not have to be legal entity in Regulation of Ministry of Villages meanwhile it has to be legal entity in Regulation of Minister of Home Affairs No. 39 of 2010 on Village Owned Enterprise.

Environmental Pollution: Assessing the Criminal Liability of Corporations Hariman Satria
Hasanuddin Law Review VOLUME 4 ISSUE 2, AUGUST 2018
Publisher : Faculty of Law, Hasanuddin University

The Supreme Court sentenced PT Dongwoo Enviromental Indonesia (PT DEI) for disposing of hazardous and toxic wastes polluting the environment. Meanwhile, PT Adei Plantation & Industry (PT API) was charged with crime for the destruction of land damaging the environment. The research method used is normative legal research, which focuses on two approaches: case approach and conceptual approach. The results show that, first, PT DEI and PT API are charged criminally represented by the board as functioneel daderschap or directing mind and will. Second, PT DEI is charged with subsidized charges, while PT API is charged to alternative charges. Third, PT DEI and PT API are said to have committed a criminal act because management either the directors or regular employees commits a criminal offense for and on behalf of the corporation or in favor of the corporation. Fourth, to prove a corporation fault is through the aggregation of management mistakes or controlling personnel or regular employees in the corporation structure. Fifth, the principal penalty imposed on PT DEI is a fine of Rp 1.500,000,000. Similarly, PT API is fined Rp 650.000.000. Sixth; PT DEI is charged to additional crime in the form of deprivation of profits and closure of the company while PT API is an improvement due to crime. Seventh, with the closing of the company, the judges did not order the executors to liquidate the assets of PT DEI. Eighth, the imposition of the company's closing sanctions should take into account the impacts, such as the termination of employee relation and the interests of shareholders.

The Implementation of Receivables Write-Off of the State-Owned Banks in Indonesia Henrikus Renjaan
Hasanuddin Law Review VOLUME 4 ISSUE 2, AUGUST 2018
Publisher : Faculty of Law, Hasanuddin University

This research reviews two issues: Firstly, it describes the imple-mentation of the receivable write-off of State-Owned Bank (BUMN Banks) in Indonesia, and secondly, it describes the relevance of the independence principles of directors and Good Corporate Governance to the implementation of receivables write-off of state-owned banks in Indonesia. This research uses normative and empirical juridical approaches. The normative approach includes research on the independence principles of directors and Good Corporate Governance to the implementation of receivables write-off of the state-owned bank, while empirical research is conducted to determine the process of claim abolishment by state-owned banks in Indonesia. The outcomes of the research indicate that the unresolved legal problem related to the state financial position in the state-owned banks due to conflict of public and private law norms causes the directors of state-owned banks have not dared to do the process of claim abolishment. Therefore, consi-dering that the principle of autonomy of directors and good corporate governance is enforced properly, no one is concerned about the risk of corporate policies related to the process of claim abolishment from a state-owned bank because, in its very essence, it is a Business Judgment Rule in the banking business practice.

The Guiding Principles on Business and Human Rights: National Action Plans Toward Corporation Responsibility Ni Ketut Supasti Dharmawan; Desak Putu Dewi Kasih; I Gede Agus Kurniawan; Putu Aras Samsithawrati
Hasanuddin Law Review VOLUME 4 ISSUE 2, AUGUST 2018
Publisher : Faculty of Law, Hasanuddin University

As a global principal, corporations have the obligation to comply with national and international hard law of human rights, respect soft laws and global standards. The United Nations Guiding Principles on Business and Human Rights (GPs) of 2011 were unanimously endorsed by the Human Rights Council and are respected as a global standard that stipulates that corporations should respect human rights when conducting their business activities. The purpose of this paper is to examine the scope and focus of National Action Plans (NAPs) by comparing the Netherlands NAP on Human Rights (2013) is compared to the UK’s updated NAP of 2016 with the aim of providing ideas and good examples of a NAP for Indonesia. This study used normative legal method. It is considered to be a valuable lesson both for developed and developing countries that for practical matters it is highly important to create and implement a NAP for the implementation of the GPs. Fortunately, Indonesia in June 2017 has launched a National Action Plan on Business and Human Rights (NAP). The burden responsibility to carry out the NAP on Business and Human Rights to corporation to be implemented strongly rests on the government authorities both central government and all levels authorities, including the local level, have the duty to implement human rights obligation, including to convince corporations that upholding the GPs will ultimately be to their benefit.

A Comparison Approach in Corruption Eradication: An Empirical Examination Mispansyah Mispansyah
Hasanuddin Law Review VOLUME 4 ISSUE 2, AUGUST 2018
Publisher : Faculty of Law, Hasanuddin University

Corruption in Indonesia is increasingly structured and systemic. Worse yet, the corruption was fertile in sub-law enforcement agencies. This paper analyzes why corruption is so systemic in the legal system in Indonesia and how solution of Islam in eradicating corruption. This research was a normative-legal research. The results indicate that corruption occurred systemically in Indonesia due to secularization and capitalization in understanding the living system as embraced by the Republic of Indonesia, which resulted in bad law system both the substance, structure and legal culture, and bad people). The solution of Sharia Islam to eradicate corruption by creating a devotion of community (law awareness) based on religious values. In addition, with a decent salary system, appropriate penalties, the implementation of reverse evidence system and the exemplary leadership, corruption problems can be overcome and a clean government can be realized.

Model Draft Regulation on Cryptocurrency in India Nikam, Rahul J.
Hasanuddin Law Review VOLUME 4 ISSUE 2, AUGUST 2018
Publisher : Faculty of Law, Hasanuddin University

This article looks at the application of present Indian payment system policies and regulatory model on virtual-currency in India. In fact, simply banning cryptocurrency in India would not serve the purpose of legislature and Reserve Bank of India (RBI); rather it will boost cryptocurrency frauds in India due to absence of any law. The present article analysis shows that there is an ample scope within the present models and policies with necessary amendments to facilitate the regulation of virtual-currency in India. The analysis also suggests new model regulation on cryptocurrency which shall constitute the basic model regulations in India to govern cryptocurrency technology and products. Author uses the Banking Regulation Act as a model, regulating all types of new fintech products such as cryptocurrency, Bitcoin & business activity, its intermediaries, exchanges, customer protection in robust and transparent fashion in India.

Broadening of the Concept of Obscenity in the Draft of Indonesian Penal Code Rezky, Ali; Haris, Oheo Kaimuddin
Hasanuddin Law Review VOLUME 4 ISSUE 2, AUGUST 2018
Publisher : Hasanuddin University

The reform of the Indonesian Penal Code (KUHP) is necessary to accommodate the noble values of Indonesian society. Therefore, Indonesian criminal law should reflect the basic principles, cultural values that live within the inner niches of Indonesian society as a living law. The inclusion of several forms of obscene acts that exist within the extended Draft Penal Code is a manifestation of the philosophical, sociological and juridical framework of the Indonesian society. The extension of the concept of obscenity in the Draft of Indonesian Penal Code is in accordance with the philosophy of the Indonesian nation that gives religious values a fundamental place Consequently, the expansion of the concept of obscenity in the Draft of Indonesia Penal Code can answer some of the problems faced by Indonesian citizens.

Environmental Policy, Public Health and Human Rights: Assessing the Regional Regulation on Waste Toar Neman Palilingan; Donna Okthalia Setiabudhi; Toar K.R. Palilingan
Hasanuddin Law Review VOLUME 4 ISSUE 3, DECEMBER 2018
Publisher : Faculty of Law, Hasanuddin University

Everyone has the right to a good and healthy environment as part of human rights. Hence, to actualize the right to a good and healthy environment, the community or everyone has the right to environmental information related to the role in environmental management. The research is a socio-juridical. The results show that the management of human environment in Manado is implemented through the establishment and implementation of local regulations. The issuance of local regulations related to environmental law enforcement are local regulations on Environmental Protection and Management; Domestic Wastewater Management; and Waste Management and Cleaning Service Fees. However, the three local regulations have not been implemented optimally. Even the local regulation on the Waste Management and Cleaning Service Fees provides regulations that are not in accordance with the needs of the community in waste management and not in accordance with the laws and regulations related to waste.

Indonesia’s Archipelagic Sea Lanes (ASLs) Designation: Rights Turning to Obligations? Dhiana Puspitawati
Hasanuddin Law Review VOLUME 4 ISSUE 3, DECEMBER 2018
Publisher : Faculty of Law, Hasanuddin University

Indonesia is the first and only archipelagic state which has designated Archipelagic Sea Lanes (ASLs). However, such ASLs was only considered as a ‘Partial ASLs’ by the International Maritime Organization (IMO). This is due to the lack of the inclusion of all normal passage routes used for international navigation as required by Article 53 (4) of Law of the Sea Convention (LOSC). On the other hand, Indonesian national law stated that the rights of ASLP can only be exercised over the designated routes and this leave the undesignated routes under the innocent passage regimes, which is inconsistent with Article 53 (12) of LOSC. This article seeks to analyse Indonesia’s rights in designating ASLs and the implementation of Indonesia’s ‘Partial ASLs’. It is questionable whether Indonesia’s rights in designating ASLs has become an obligation by the ‘partial’ recognition of Indonesia’s ASLs by IMO. While none reported incident of navigational rights over Indonesia’s north-south ASLs, however some incidents did occur over the undesignated east/west ASLs. This paper begins with the analyses of the provisions of LOSC concerning archipelagic sea lines passage by looking at its travoux-preparatoir and then follows by the discussion of Indonesia’s implementation on its designated ASLPs. Reported incident occurred over the undesignated ASLs will also be discussed to gain clear understanding on the matter. It is argued that Indonesia should either designated the east/west ASLs or if not, adjusting its national law to be in conformity with LOSC.

Community Participation Arrangements to Prevent Illegal Drilling Iza Rumesten, R.S.; Febrian Febrian; Helmanida Helmanida; Agus Ngadino
Hasanuddin Law Review VOLUME 4 ISSUE 3, DECEMBER 2018
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v4i3.1291

The practice of illegal drilling does not only result in destruction for to the environment, but also result in the social gap, national losses, and people’s lives. It happens to illegal drilling conducted manually using traditional equipment and less operational standard. This illegal drilling may happen because ineffective law applied and no regulation on social participation in the Law of oil and natural gas. This research uses the normative method, the result of research is analyzed qualitatively. The research showed that the active social participation was needed in environmental law enforcement to prevent a great number of illegal drilling practice, the higher level of social participation in environmental law enforcement, and the smaller illegal drilling practice could be. Thus, there must be any act arranging for social participation in enforcing the environmental law arranged in the law No. 22 of 2001 because of those the local societies who get the direct effect of environmental destruction as a result of drilling of oil and natural gas illegally.

Page 11 of 30 | Total Record : 293

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Contact Name
Ahsan Yunus

Contact Email
ahsan.yunus@gmail.com

Phone
-

Journal Mail Official
hasanuddinlawreview@unhas.ac.id

Editorial Address
-

Location
Kota makassar,

Sulawesi selatan

INDONESIA