Hasanuddin Law Review
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
Articles
293 Documents
<![CDATA[Village Autonomy: The Main Road to Fulfill Right to Water ]]>
<![CDATA[Ardhiwinda Kusumaputra]]>;
<![CDATA[Indra Perwira]]>;
<![CDATA[Ida Nurlinda]]>
<![CDATA[ Hasanuddin Law Review VOLUME 4 ISSUE 3, DECEMBER 2018 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v4i3.1422
<![CDATA[Water resources are common resources that affect the livelihood of many people. Its management should be oriented towards the rights fulfillment to water for the community. However, the management of water resources still shows inconsistency. This results in uncertainty in the rights fulfillment to water for the community. Therefore, a reform in water resources management is needed. Village autonomy can be the foundation for a more community-oriented water rights management, since it contains independence and community initiatives. This research aimed at finding a precise and clear concept in the management of water resources based on village autonomy. This research was conducted using normative juridical, with legislative and doctrinal approaches. The results show that the concept of village autonomy-based water resources management is carried out by accommodating the community's rights on water resources. It aims at providing guidance in the implementation of management that is not only oriented to exploitation, but also consider the aspects of conservation and control of water resources. This conception is expected to be implemented in village communities (not customary village communities) so as to be able to fulfill the rights to water to village communities justly and democratically.]]>
<![CDATA[Urgency of the Right to Recognition for Identity’s Belief as A Part of Human Rights ]]>
<![CDATA[Wijayanti, Winda]]>
<![CDATA[ Hasanuddin Law Review VOLUME 4 ISSUE 3, DECEMBER 2018 ]]>
Publisher : <![CDATA[Hasanuddin University ]]>
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DOI: 10.20956/halrev.v4i3.1435
<![CDATA[The right of recognition a belief is one of the basic human rights set forth in the Constitution. Population Administration Act as the executor of the constitutional mandate does not regulate of information column’s ”Belief” in an identity card (KTP-el) or a blank religion is a legal vacuum. Many debates occurred during the discussion and after the enactment of the Population Administration Act that only regulates the administration of population and issues between Religion and Belief as being very sensitive so that discussion of belief is considered not the domain of the Population Administration Act. Then, the absence of public participation in discussion of amendment Population Administration Act as a form of non-recognition of the existence of Believer in regulation. The problem is no rule for public participation in Population Administration Act. In fact, this paper used a normative juridical approach, with qualitative descriptive about debate of the Administration Population Act (DPR) to find out the urgency of the right to recognition for identity’s Belief through KTP-el. The result showed that inclusion of information column’s “Belief” is an entrance (gate) for the state's recognition of the people’s belief and their constitutional rights attached to it. Not only through words, but the recognition of the state through the State Administrators is manifested by legislation and communication (dialogue) between state and its citizens to remove all the existing attributes with equally, parallel, and continuously.]]>
<![CDATA[The Marrakesh Treaty and Facilitating Access to Literary Works in the Field of Knowledge for Blind People ]]>
<![CDATA[Rroisah, Kholis]]>;
<![CDATA[Rakhmi, Wendy Budiati]]>
<![CDATA[ Hasanuddin Law Review VOLUME 4 ISSUE 3, DECEMBER 2018 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v4i3.1539
<![CDATA[Freedom to gain knowledge, information and technology is very important by everyone including blind people which one realized the right of access to literary works through the Marrakesh Treaty 2013. Regulation about facilitating access to copyright of published works for blind people in Indonesia is still considered inadequate to give protection in the implementation of freedom to gain knowledge. This study applied normative juridical approach described descriptive-analytically. Accessibility to the scientific work of the blind people is a part of human rights which must be respected, protected and fulfilled by the State. The Government has an important role in the realization of the wider access of the disabled by formalizing the governmental regulation in accordance with the mandate of Article 44 paragraph (4) of the Copyright Act 2014 and the Government shall immediately establish The Disabilities National Commission granted the authority and responsibility to fulfill the facilitation of access for blind people and limited reading by guiding Marrakesh Treaty or by looking at other country's regulatory practices.]]>
<![CDATA[Fighting the Giants: Efforts in Holding Corporation Responsible for Environmental Damages in Indonesia ]]>
<![CDATA[Arie Afriansyah]]>;
<![CDATA[Anbar Jayadi]]>;
<![CDATA[Angela Vania]]>
<![CDATA[ Hasanuddin Law Review VOLUME 4 ISSUE 3, DECEMBER 2018 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v4i3.1626
<![CDATA[This paper focuses on examining environmental cases before the Indonesian courts from the past ten years. To be specific, this paper will study four major cases with regard private law, six major cases with regard to criminal law, and class action cases in Indonesia. This period of time explains trending increase of environmental cases before the courts. In this regard, Alternative Dispute Resolution (ADR) becomes the main preference of settling the environmental disputes. However, ADR seems not able to bring justice to the fullest especially when it comes to the corporations. It is not justice to the fullest in the sense that there seems no deterrence ADR brings to the corporations when the corporations do indeed damages the environment. As the environmental awareness increases and at the same time, ADR seems fail to fulfill the expectation to save the environment, another way to bring justice emerges namely through various efforts in lawsuits. Nevertheless, such lawsuits are not perfect as there are varieties of results from Indonesian courts. This paper argues that such variety of decisions have been heavily influence by the availability of scientific data and the knowledge of the panel of judges. Specifically, in the case of class action lawsuit, those who defend the environment has limitation on resources usually initiate such lawsuit. Whereas, corporation that being sued is relatively have the capacity to face the trial due to its high financial resources. Nevertheless, “fighting the giants” has been the paradigm when it comes to pursue the responsibility of corporation of its wrongdoing especially environmental damages.]]>
<![CDATA[Implication of Regulation Authorities on the Efforts to Accelerate the Eradication of Corruption ]]>
<![CDATA[Sukmareni, Sukmareni]]>;
<![CDATA[Danil, Elwi]]>;
<![CDATA[Ismansyah, Ismansyah]]>;
<![CDATA[Daulay, Zainul]]>
<![CDATA[ Hasanuddin Law Review VOLUME 4 ISSUE 3, DECEMBER 2018 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v4i3.1078
<![CDATA[Investigation of corruption, as an extra ordinary crime is granted to the three institutions, namely the Police, Attorney General and the Indonesian Corruption Eradication Commission (KPK). The granting of authority to these three institutions aims to accelerate the eradication of corruption, not only detrimental to the finances and the economy of the country but has damaged the joints of life of the nation and state. The research is descriptive and uses a normative juridical approach. Aiming to find out, and analyze qualitatively the implications of regulating investigative authority over the eradication of corruption in Indonesia. The study found that all three institutions that were given the authority to investigate corruption crimes were administratively separated, but functionally these three institutions should collaborate to accelerate the eradication of corruption, but in practice this was not the case, each institution tended to be shackled by fragmentary and institutional nature. centric that does not support the eradication of corruption. This is because the regulation of the authority of each institution has not been strictly regulated, then the arrangements are not synchronized and among the existing legislation, so that there is overlap of authority due to differences in interpretation between investigators, which results in investigations not going well.]]>
<![CDATA[Victimological Approaches to Crime of Rape in Indonesian Criminal Justice System ]]>
<![CDATA[Dimyati, Khudzaifah]]>;
<![CDATA[Angkasa, Angkasa]]>
<![CDATA[ Hasanuddin Law Review VOLUME 4 ISSUE 3, DECEMBER 2018 ]]>
Publisher : <![CDATA[Hasanuddin University ]]>
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DOI: 10.20956/halrev.v4i3.1292
<![CDATA[Neglect of rape victims in the Indonesian Criminal Justice System implicates at least two things; first, the victim does not receive legal protection, and second, the decisions of judges do not fulfill the sense of justice. Neglect of victims in the Criminal Justice System cannot be separated from the theory, doctrine and legislation, especially criminal law or the Penal Code, Criminal Procedure Code and the Corrections Act, which is oriented merely to the perpetrators (criminal oriented) instead of victims (victim oriented). Regarding the conditions above, this study was intended to provide a solution of the problems so that victims in the Criminal Justice System obtain legal protection and the decision of judges could fulfill the sense of justice.]]>
<![CDATA[Bespoke Crowdfunding Regulation: A Boost up to Startups and SMEs in India ]]>
<![CDATA[Nikam, Rahul J.]]>
<![CDATA[ Hasanuddin Law Review VOLUME 5 ISSUE 1, APRIL 2019 ]]>
Publisher : <![CDATA[Hasanuddin University ]]>
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DOI: 10.20956/halrev.v5i1.1587
<![CDATA[The paper reviews securities regulatory requirements across the world and specifically in India that may be applicable or prohibiting Crowdfunding in India. The author argues that Indian financial and securities services regulations were not designed keeping in mind the 21st century requirements of industry. There is a regulatory gap in recognizing this emerging route of fund-raising business model addressing the needs of start-up as well as the Small and Medium Enterprises (SMEs) businesses by way of crowdfunding and cross-border crowdfunding in the form of equity and debt. Thus, paper is seeking to clarify how crowdfunding fits into existing rules if any and necessity of introducing specific requirements that promote regulatory and supervisory convergence. The aim is to provide appropriate balance of less costly regulatory compliances, prudent risks management for project owners and crowdfunding platforms vis-à-vis raising of funds domestically and through cross-broader. At the same time providing adequate investor protection to the investor who are typically not professional investors.]]>
<![CDATA[The Right of Privacy and Freedom of the Press: The Concept of Legal Justice in Indonesia ]]>
<![CDATA[Nasution, Abdul Haris]]>
<![CDATA[ Hasanuddin Law Review VOLUME 5 ISSUE 1, APRIL 2019 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v5i1.1195
<![CDATA[This study aims to describe the problems faced by the party who feels aggrieved or impaired by his personal rights due to media coverage. The dilemma arises because based on the legal system of the press, the media are given protection from lawsuits. This is to guarantee the position of freedom of the press in a democratic system. However, the impact that has been caused due to defamation cannot be resolved simply by using the right of reply. This study aims to explore how legal mechanisms provide justice for victims due to media behavior in line with the principle of press freedom in Indonesia. The results show that the Indonesian Press Law does not have a clear system of legal liability. The rule of conduct in the Press Law is absolutely not regulated. Thus, the right of reply that is contained in the media consciousness or "order" of the Press Council is not a binding and final decision because the Press Council's body only gives an opinion. Violation of the ethics of the press should not only have a moral sanction but also a legal sanction with all its consequences.]]>
<![CDATA[Why Indonesia Should Keep Joining in Trade and Investment Agreements? ]]>
<![CDATA[Widiatedja, I Gusti Ngurah Parikesit]]>;
<![CDATA[Wairocana, I Gusti Ngurah]]>;
<![CDATA[Suyatna, I Nyoman]]>
<![CDATA[ Hasanuddin Law Review VOLUME 5 ISSUE 1, APRIL 2019 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v5i1.1430
<![CDATA[There have been some concerns over the existence of trade and investment agreements. They have been doubted because of the poverty and inequality issues in some regions across the globe. The rise of the spirit of national interest of their members has also exacerbated the situation. Hence, these two miserable facts may end up with a question whether Indonesia should keep joining trade and investment agreements. This article is aimed to examine if Indonesia should continue its participation in trade and investment agreements. Employing a normative legal research, this article put three parameters, analysing the continuity of Indonesia’s participation, namely the benefits of international trade and foreign direct investment, the rationale of trade and investment agreements, and how trade and investment agreements (that involve Indonesia) have positively affected Indonesia’s development. This article then claims that Indonesia should keep joining trade and investment agreements for realising its targets on economic growth and development.]]>
<![CDATA[Constitutional Court, Judicial Independence, and Efforts to Achieve Qualified Justice ]]>
<![CDATA[Irfan Nur Rachman]]>
<![CDATA[ Hasanuddin Law Review VOLUME 5 ISSUE 1, APRIL 2019 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v5i1.1471
<![CDATA[Judicial Corruption is a disgrace to the world of justice and disaster for the justice seeker community. The judiciary is the third branch of state power after the executive and legislature. The judicial function is as a control and a counterweight to both branches of the power so as not to fall into arbitrary acts. In other words, the judiciary basically serves to implement the principle of checks and balances. However, if the justice functioning as a counterweight is actually involved in the vortex of judicial corruption that has plagued the judicial institutions, then what happens is the absence of justice because the judicial institution becomes unqualified and degrades its reputation in the public eye. This will lead to a vote of no confidence in the judiciary as a whole and the community has the potential to seek justice in other ways that may be done in illegal ways. Therefore, it is important to realize quality judiciary by organizing institutional aspects, the process of recruitment of constitutional justices, and producing decisions containing new legal breakthroughs, so that will be realized a qualified judicial institution.]]>
