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[Problematic Policy: Environmental Impacts of Traditional Mining in Papua ]]>
<![CDATA[Hotlan Samosir]]>
<![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.v5i3.2219
<![CDATA[Mining without permits has changed land cover in the mining area. The activities of people mining without permits have violated the principle of sustainable development, where the economic aspects take precedence over ecological and social aspects. The research is a normative-legal research using a statute, case and conceptual approaches. The research conducted in Nabire Regency, Papua, Indonesia. The results show that The activities of gold mining in Nabire regency which have been going on for decades have not been well-organized. The implementation of people mining has caused environmental damage, especially in the mining area. The environmental damage due to the weak role of Nabire government in terms of structuring efforts that began with the permitting process for the miners. The local government has the authority to establish regional regulations concerning people mining, so through this authority the management of people mining must be managed through permitting instruments. The authority of the permit only serves the local community as a participant after determining the rights and obligations of miners so that the implementation of people mining can be controlled by the local government by following the principles of sustainable development.]]>
<![CDATA[The Values of Pancasila in Electronic Banking Agreement ]]>
<![CDATA[Andi Tenri Famauri]]>
<![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.v5i3.2150
<![CDATA[Pancasila as a state’s foundation (philosophische grondslag), its values have exist, inherent and predicted in daily life as a way of life; therefore the material of Pancasila in the form of these values is the Indonesian Nation itself. The research is a normative-legal research. The research approach uses a statute, historical and conceptual approaches. The results show that Pancasila as the State’s foundation (Philosophische Grondslag) is universal and open, especially in the life of nation; it can be used in all aspects of life. Changes in banking activities, from conventional to electronic banking (e-banking) cannot be avoided again. The elements of morality and good values in banking are much needed, because banks as financial institutions that manage public money as customers have a great responsibility must be accompanied by honesty and dedication as important elements in trust. Consider the foundation of business in the banking sector is trust. The principle of good faith is placed as super eminent principle in the agreement. It is based on the principle of good faith related with the behavior of someone that becomes a basis for the agreement to bind them (pacta sunt servanda). Thus, the basic values of Pancasila that emphasize fair and civilized humanity can be applied as part of the values that live in Indonesian peoples.]]>
<![CDATA[Upholding the Impartiality of Judges in Judicial Systems ]]>
<![CDATA[Nurudin, Agus]]>
<![CDATA[ Hasanuddin Law Review VOLUME 6 ISSUE 1, APRIL 2020 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v6i1.2268
<![CDATA[Free and impartial justice is a characteristic and ideal of a constitutional State. In societies with a free and open judiciary system, individuals are permitted to challenge a judge's verdict, ability to remain impartial, and conduct. This article a doctrinal research with statute, comparative, and conceptual approaches. Meanwhile, data were analyzed descriptively, consisting of quotes. The results show that impartiality legal process (free from pressure, both physical and psychological and impartial) is a characteristic of a constitutional State. In the criminal justice system has received a full principle of free and impartial justice. At the lowest level, this principle in criminal justice is played by the judge as the core apparatus of judicial power, the principle of freedom and impartiality of judges in examining, hearing and deciding cases. The treatment in a crime must always be brought to the application of the principle of impartiality or treatment as referred in the principles of impartiality. Likewise, the principle of impartiality must not only be applied to suspects or defendants, it must be interpreted including the treatment of crown witnesses, victim witnesses and their families and also cannot be ignored about the existence of the community as legal subjects who have an interest in the implementation of public law.]]>
<![CDATA[THE INCONSISTENCY OF ICSID AWARDS OVER ARGENTINA CASES ]]>
<![CDATA[Aiyub Kadir, M. Ya'kub]]>;
<![CDATA[Farsia, Lena]]>
<![CDATA[ Hasanuddin Law Review VOLUME 6 ISSUE 1, APRIL 2020 ]]>
Publisher : <![CDATA[Hasanuddin University ]]>
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DOI: 10.20956/halrev.v6i1.1844
<![CDATA[This paper discusses the inconsistency of International Centre for Settlement of Investment Disputes (ICSID) awards over an emergency situation in Argentina in 2001. Utilising a doctrinal methodology under Third World Approach to International Law (TWAIL) paradigm, this paper explores the argument set out in Argentina case in the first trial and its appeals, then makes an effort to find out the better and systematic argument for Argentina. Therefore, this paper contributes to factually understanding the different argument from two perspectives in ICSID proceedings which has been contested and herewith proposed a better formulated argument for the future of ICSID awards making by placing economic development in Third World States as a basis of argument. Hence this argument can be used for the similar cases in the ICSID in future.]]>
<![CDATA[WORK AND LIVES IN MAKASSAR COASTAL COMMUNITY: ASSESSING THE LOCAL GOVERNMENT POLICY ]]>
<![CDATA[Sakharina, Iin Karita]]>;
<![CDATA[Daud, Aidir Amin]]>;
<![CDATA[Hasrul, Muh.]]>;
<![CDATA[Kadarudin, Kadarudin]]>;
<![CDATA[Assidiq, Hasbi]]>
<![CDATA[ Hasanuddin Law Review VOLUME 6 ISSUE 1, APRIL 2020 ]]>
Publisher : <![CDATA[Hasanuddin University ]]>
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DOI: 10.20956/halrev.v6i1.2281
<![CDATA[The Makassar City Regional Government formulated a policy that previously carried out Mapping conducted on the less prosperous Coastal community, so departing from the mapping results obtained then formulated a policy as in the development of human resources will be carried out in areas that most need to become a poverty pouch. Local government is the most relevant party to be responsible for increasing the budget. All components, which are responsible for improvement, for the Coastal community, and of course for all parties, who are responsible for improving the welfare of the Coastal community, each related agency provides a budget that is appropriate to the community's needs and the duties and functions of each of the relevant agencies. . In addition, it is in the interests of government policies that harm the Coastal community. The implementation of the reclamation policy which is detrimental to fisheries is of course counterproductive to other policies aimed at the welfare of the Coastal community.]]>
<![CDATA[Much in Little: The Umbrella Clause that Changes the International Investment Protection Standard ]]>
<![CDATA[Paramita, Kartika]]>
<![CDATA[ Hasanuddin Law Review VOLUME 6 ISSUE 1, APRIL 2020 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v6i1.1570
<![CDATA[The umbrella clause of a Bilateral Investment Treaty (BIT) establishes an obligation for the State parties to respect all commitments entered into by an investment contract between an investor and the host country. It extends the jurisdiction of a BIT forum to the breach-of-contracts matters and changes the nature of a private issue to an international affair. The polemic over the clause's interpretation has become a controversial issue over the years. It comes as a backlash for the Contracting States as a foreign investor could quickly bring an investment problem to an international forum. After more than a decade since its first discussion in the case of SGS v Pakistan, the clause grows to be one of the reasons for many countries to leave or reform their BIT model and changes the trend of international investment protection standard. This article addresses the different episodes of the umbrella clause alongside over the past decade. It projects the debate over the clause’s scope, its development, the governments' action, and their perception over it, and finally, how it changes the standard of investment protection in international treaties.]]>
<![CDATA[Evaluation of the Regulation Changes on Environment and Forestry in Indonesia ]]>
<![CDATA[Helmi, Helmi]]>;
<![CDATA[Syam, Fauzi]]>;
<![CDATA[Nopyandri, Nopyandri]]>;
<![CDATA[Putra, Akbar Kurnia]]>
<![CDATA[ Hasanuddin Law Review VOLUME 6 ISSUE 1, APRIL 2020 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v6i1.2290
<![CDATA[This article aims to examine the correlation between the concept of proper enforcement of the law as stipulated in Article 5 (2) of the 1945 Constitution of Indonesia and the establishment and implementation of government regulation on environment and forestry. This article is a normative legal research with statute, historical, and conceptual approaches. The result shows that proper legal enforcement means two things, namely, establishment and enactment of government regulation by the President and the content of the regulation that does not contradict the law. Failure to comply with the law means the President does not establish or enforce a government regulation as mandated or the content of the regulation is not in line with the law.  If the President does form or enforce the implementation of government regulation, this means that the President violates his oath and promise to uphold the Constitution and to serve the nation. If the content of the regulation contradicts with the law, it can be canceled. In this situation, the government needs to realign the content of existing regulations. The ministry involved in legal drafting is called to oversee the content and follow through with revisions. All party involves in the making of law and regulation, such as the People Representatives, the President, or the Minister, is reminded to carefully formulate a government regulation.]]>
<![CDATA[Letter of Credit Disputes from an Arbitration Perspective ]]>
<![CDATA[Zaid Aladwan]]>
<![CDATA[ Hasanuddin Law Review VOLUME 6 ISSUE 1, APRIL 2020 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v6i1.2136
<![CDATA[In a recent study, it might not be possible to refer letter of credit fraud cases to arbitration instead of litigation. Alavi’s research suggested that there could be some obstacles, such as obtaining banks’ response and cooperation; the different and high standards of proof of fraud required; and the difficulty in obtaining an injunction. His study answered a question proposed by Blodgett and Mayer as to whether arbitration would ever take place in letter of credit disputes. This short research paper will answer this question, but from a different angle: whether arbitration will provide more appropriate judgments (award) than litigation regarding letter of credit disputes. This question arises from the writer’s observation that, in the past twenty years, different judgments have been issued for similar disputes.]]>
<![CDATA[Administrative Land Conflicts and Reforming State-Owned Enterprises in Indonesia ]]>
<![CDATA[Anshori Ilyas]]>;
<![CDATA[Hamzah Hamzah]]>
<![CDATA[ Hasanuddin Law Review VOLUME 8 ISSUE 2, AUGUST 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v8i2.2362
<![CDATA[Land control and ownership contain the emergence of legal norms including authority, rights, and obligations, as well as power. In juridical, it is a system aiming to protect and encourage values that are strongly embraced by the community. This study presents an up-to-date survey on the conflict between state-owned enterprises (SOEs) and the community in Indonesia. Normative and empirical approach were used in this study. The results showed that state-owned enterprises are more subject to institutional pressures that arise from a weak authority of “state ownership”. This weak authority is developed through the combination of ideological conflicts, perceived threats to national security, and claimed unfair competitive advantage. The results not only extend the institutional theory to explain differential effects on entrants but also demonstrate how foreign investors of idiosyncratic origins proactively build authority in host countries.]]>
<![CDATA[New Paradigm in Natural Resources Management: Securing Indigenous Peoples Rights ]]>
<![CDATA[Farida Patittingi]]>
<![CDATA[ Hasanuddin Law Review VOLUME 6 ISSUE 1, APRIL 2020 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v6i1.2267
<![CDATA[The multi-decade struggle of indigenous communities in Indonesia to gain recognition of their collective rights and the reluctance of the state to act on their demands, now has come to a bright spot. The rights of indigenous peoples in natural resources management –in land and forests– get more recognition as well as protection since the Constitutional Court’s decision on forest law. The recognition of indigenous peoples and their traditional rights must be followed by exclusive rights to control and managing resources in their environment, such as land or forests, as the main source of livelihood for indigenous peoples (lebensraum). Hence, a legal policy is needed from the government that regulates and provides strict and clear recognition criteria for its existence and their rights to natural resources.]]>
