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[The Overview of Innovations in the Legal Framework and Organization of Correctional Service ]]>
<![CDATA[Vilard Bytyqi]]>;
<![CDATA[Fitore Morina]]>
<![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.v5i1.1734
<![CDATA[The main institution in Kosovo that deals with the execution of criminal sanctions and it is Kosovo Correctional Service (KCS). Since its establishment, this institution has undergone numerous changes in the organizational field, as well as changes created by legal regulation. The recent trends occurring in correctional services in democratic societies have transformed these services in order to have a human approach and, in several cases constitute a decisive factor in the change in the behaviour of delinquents. Delinquents that have been convicted for serious crimes by criminal proceedings of final judgment, in order to rehabilitate through based programs on contents of rehabilitation, resettlement, and reintegration used a various method which will be treated in this paper. Considering legal changes which have occurred, these changes have affected executive bodies in charge of the execution of criminal sanctions. In this paper were applied several methods, such as individual case study, normative analysis, and qualitative methods. From the results of the treatment, we can see that through the legal changes made in this area of Correction have special importance. The correctional system as organized by the Correctional Service has advanced regarding the terms of legislation, influenced by the European system implemented in some countries in this field. ]]>
<![CDATA[Dealing with Unexpected Circumstances: Judicial Modification of Contract under Indonesian and Dutch Law ]]>
<![CDATA[Taufiq Adiyanto]]>
<![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.v5i1.1508
<![CDATA[After the conclusion of a contract, uncontrolled situations of the parties may lead to non-performance of the contract not only in the form of impossibility but also through excessive onerousness. This paper is seeking to compare regulations and cases concerning change of circumstances of the contract under the Indonesian and Dutch legal systems. The aim is to compare a legal remedy when the contract is imbalance and puts other party in burdensome condition to perform. Indonesian law still uses the all-or-nothing approach of termination and rejects the concept of subjective (relative) force majeure to modify a binding contract, although in some cases Indonesian Supreme Court has modified some contracts on the basis good faith principle. Dutch law, on the other hand, has an explicit provision for adjustment of contract on the basis unforeseen circumstances in Article 6:258 DCC. This jurisdiction accepts that unforeseen circumstances can be justified as a basis for adaptation of the contract.]]>
<![CDATA[The Roles of Victims in the ICC: Victims’ Protection or the Accused’s Fair Trial Right Violation? ]]>
<![CDATA[Mahfud Jufri]]>
<![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.v5i1.1423
<![CDATA[The International Criminal Court (ICC) has provided the right to present victims views in the ICC’s proceeding. The objectives of this article are to identify to which extent the roles of victims in the ICC and to analyze whether victims’ participation would be a violation to the rights of a fair trial of the accused in the ICC or not. This is pure legal research meaning that the materials required in this article are available in libraries, archives and other databases. The article concludes that the victims, in the ICC, are allowed to participate and to seek reparation in accordance with Article 68 (3) of the Rome Statute. In addition, the participation would violate the due process rights of the defendants despite the fact at a particular case; the Appeal Chamber of the ICC decided that there is no such violation as aiming at ending individual impunity.]]>
<![CDATA[Institutional Restructuring to Sustain Regulatory Reform in Indonesia ]]>
<![CDATA[Wicipto Setiadi]]>
<![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.v5i1.1699
<![CDATA[There are numerous institutions in Indonesia that form regulations with its exceeding number of regulators may result in poor quality regulations. The outcome leads to regulations being over-regulated, overlapping, disharmony, and conflict. Hence, steps are needed to be taken to overcome in order for more improved and comprehensive regulation in Indonesia. A key factor to overcome poor conditions of regulation in Indonesia is by applying the good regulatory practice. Referring to the practice, there are several standards or principles that can be used as references. Apart from this, taking institutional restructuring into consideration, an establishment of a single institution to form regulations that are strong, full authority to conduct the process of forming regulations. The paper presented is based on literature reviews and documents relating to the subject at hand. From this research, systematic writing was produced using a juridical-analytical approach. This study aims to support the establishment of single-centered Ministry of Laws or Regulation with a strong organizational structure filled with qualified experts and capable professionals.]]>
<![CDATA[Legal Existence of Local Wisdom for Bajo Fishery Tribe on Indonesian Maritime Border ]]>
<![CDATA[Oheo Kaimuddin Haris]]>;
<![CDATA[Syahbudin Syahbudin]]>;
<![CDATA[Ahsan Yunus]]>
<![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.v5i1.1727
<![CDATA[This work is aimed at exploring appropriate method in legitimating and admitting toward legal existence for Bajo effort’s local wisdom particularly in maintaining Indonesian’s Border. This effort is importance to maintain sovereignty of Indonesia's maritime boundaries without having to eliminate Bajo’s local wisdom that may exclude sustainable development for Bajo society. This situation has altered their traditions that they just initially and merely fished fishes just for consumption. For that reason, this work offers appropriate values in legitimating and admitting a legal existence for Bajo effort’s local wisdom such as the rights of traditional fisherman community of Bajo tribe in human rights law as indigenous people right based either on National and International Law and; the legal protection of Bajo communal rights in exploiting sea and traditional fisherman criteria after UNCLOS 1982 and MOU BOX 1974 including its amendments. The application of this method may create holistic and traditional manners in keeping and managing collective strategic resources for the greatest benefit for national defend especially for Bajo fishery tribe.]]>
<![CDATA[Lessons Learned from the British Exit from the European Union for Indonesia and the ASEAN Economic Community ]]>
<![CDATA[Jened, Rahmi]]>;
<![CDATA[Indahsari, Betharia Noor]]>
<![CDATA[ Hasanuddin Law Review VOLUME 5 ISSUE 1, APRIL 2019 ]]>
Publisher : <![CDATA[Hasanuddin University ]]>
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DOI: 10.20956/halrev.v5i1.1850
<![CDATA[A soft Brexit scenario will include an implementation period from the day the UK formally leaves the EU to 31 December 2020. During the implementation period, the UK will continue to be functionally treated as an EU member state and remain a party to EU international agreement. Associated with the ASEAN single market, should be considered the readiness of Indonesian regulations and legislations that in sectorial concerns at least three aforementioned legal instruments to be harmonized with the laws of the ASEAN countries. Important findings were shown by the research from the perspectives of business law, especially, capital investment law, intellectual property and international trade law that Brexit has significant impact for EU itself, Indonesia and also AEC.]]>
<![CDATA[Digital Assets: The Idea of Indonesian Property Law Reform and Its Potential as a Collateral Object ]]>
<![CDATA[Asmara, Teguh Tresna Puja]]>;
<![CDATA[Abubakar, Lastuti]]>;
<![CDATA[Handayani, Tri]]>
<![CDATA[ Hasanuddin Law Review VOLUME 5 ISSUE 3, DECEMBER 2019 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v5i3.1735
<![CDATA[Digital assets in the broadest sense can be interpreted to cover all electronic assets including social media accounts. Nowadays, besides being used to interaction, social media accounts can also be utilized to gain income or material benefits. In addition, social media accounts are generally handled by influencers with abundant followers. One of the social media used by influencers on the internet is YouTube. The social media actors on YouTube are referred to as YouTubers or content creators. This research is a normative juridical legal research with the descriptive method of analysis. The result of the study shows that YouTube accounts as digital assets in practice can be used as assets in business activities. This is proven by the existence of a YouTuber or content creator who sells his account for charity or commercial purposes. In the future, YouTube accounts can potentially be a digital asset that can be used as a collateral object due to its economic value. Nevertheless, based on the property of law in Indonesia, YouTube social media accounts as a digital asset cannot be qualified as an asset yet, therefore a redefinition, a reconceptualization and a reform of the property of law are considered necessary.]]>
<![CDATA[Arbitration: Understanding It in Theory and Indonesian Practice ]]>
<![CDATA[Maskun, Maskun]]>;
<![CDATA[Achmad, Achmad]]>;
<![CDATA[Naswar, Naswar]]>;
<![CDATA[Bakti, Fauziah P.]]>;
<![CDATA[Amaliyah, Amaliyah]]>
<![CDATA[ Hasanuddin Law Review VOLUME 5 ISSUE 2, AUGUST 2019 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v5i2.1945
<![CDATA[Cross-border transactions have always attracted legal risks. Cross-border legal issues are emerging as a separate area of commercial risk that needs to be more precisely identified and better managed. Many cases of injury to multinational companies which would formerly have been pursued as a diplomatic claim by the nation state of the company are now resolved by arbitration between the company and the respondent state. Arbitration is one of dispute settlement bodies to resolve some issues particular trade, business, investment, and financial issues. Those issues are shaping the range and significance of the cross-border legal issue. Those issues also become a crucial issue to be dealt with the arbitral institution. The reason why the parties of contract choose arbitration is because of the place of arbitration, neutrality, confidentiality, cost and speed, recognition and enforcement of arbitral awards, refusing of arbitral awards, a model of arbitration, and arbitration institution. Those reasons are assumed also to be enacted in Indonesian arbitration practice and in the Islamic law.]]>
<![CDATA[Trends in the Regulation of Hate Speech and Fake News: A Threat to Free Speech? ]]>
<![CDATA[Santuraki, Suleiman Usman]]>
<![CDATA[ Hasanuddin Law Review VOLUME 5 ISSUE 2, AUGUST 2019 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v5i2.1625
<![CDATA[The Information and Communication Technology (ICT) revolution heralding the emergence and dominance of social media has always been viewed as a turning point in free speech and communication. Indeed, the social media ordinarily represents the freedom of all people to speech and information. But then, there is also the side of the social media that has been often ignored; that it serves as platform for all and sundry to express themselves with little, if any regulation or legal consequences. This as a result has led to global explosion of hate speech and fake news. Hate speech normally lead to tension and holds in it, the potential for national or even international crisis of untold proportions. It also has the likelihood to scare people away from expressing themselves for fear of hate-filled responses and becoming a source of fake news. Using doctrinal as well as comparative methodologies, this paper appraises the trend between states of passing laws or proposing laws to regulate hate speech and fake news; it also appraises the contents of such laws from different countries with the aim of identifying how they may be used to suppress free speech under the guise of regulating hate speech and fake news. It argues that the alarming trend of hate speech and fake news presented an opportunity for leaders across the globe to curb free speech. The paper concludes that the advancement in ICT helped in a great deal to advance free speech; it may as well, because of the spread of hate speech and fake news, lead to a reverse of that success story.]]>
<![CDATA[Government Policies for Food Sovereignty: Disjunction between Ideality and Reality ]]>
<![CDATA[Patonangi, Fitrinela]]>;
<![CDATA[Ilmar, Aminuddin]]>;
<![CDATA[Irwansyah, Irwansyah]]>;
<![CDATA[Sakharina, Iin Karita]]>
<![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.v4i3.2189
<![CDATA[The conceptualizes food security and food sovereignty as fluid and changing discourses that define the problem of hunger. The discursive geohistories of food security and food sovereignty in order to identify oppositions and relationalities between them. I argue that the interpretations of, and relations between, food security and food sovereignty vary by geography and scale, as well as by the conceptual and theoretical differences within the discourses themselves. When and where these discourses develop and emerge is central to understanding their oppositions and convergences. How scale is constructed within particular discourses is also important to understanding how they co-exist relationally or in opposition. Food security and food sovereignty discourses are tied to distinctive political and economic histories, ecologies, and identities at the national and local levels. They are differentially deployed depending upon geographic context and the political economy of development and underdevelopment. Both discourses are dynamic and changing in relation to the wider political and cultural economies of food system dynamics across scale. Uniform definitions of each term should be resisted. The point is to understand the geographies of their relational overlap and their continual difference.]]>
