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[CASTRATION OF SEX OFFENDERS: INDONESIAN CRIMINAL LAW REFORM ]]>
<![CDATA[Widiyaningrum, Irene]]>;
<![CDATA[Akub, M. Syukri]]>;
<![CDATA[Razak, Abdul]]>;
<![CDATA[Riza, Marwati]]>
<![CDATA[ Hasanuddin Law Review VOLUME 5 ISSUE 3, DECEMBER 2019 ]]>
Publisher : <![CDATA[Hasanuddin University ]]>
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DOI: 10.20956/halrev.v5i3.2381
<![CDATA[The rise of cases of sexual violence today makes people become restless. This research is a normative legal research, where in this study the author analyzes various laws and regulations relating to sanctions for chemical castration in the perspective of criminal law. This study also uses various comparisons of theories to answer existing problems relating to criminal law policy in the case of applying chemical castration sanctions. The results show that The increasingly widespread cases of sexual crimes against children that can have a major impact on the child's psychic development. It deserves to be given a severe punishment and appropriate to the perpetrator. The imprisonment sanction that is deemed to be irrelevant and has no deterrent effect can be answered by the punishment of the last choice of child sex offender. Thus, the enforcement of the criminal law of nuisance is reasonable in the technical context of the sentence after a permanent legal court ruling stating the punishment of the left. It aims to create a comfortable environment where children grow and develop and guarantee the future of Indonesian children.]]>
<![CDATA[The Arrangement of Investment Policy for the Protection of Indigenous People’s Rights ]]>
<![CDATA[Wamafma, Filep]]>;
<![CDATA[Moenta, Andi Pangerang]]>;
<![CDATA[Patittingi, Farida]]>;
<![CDATA[Ruslan, Achmad]]>
<![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.v5i2.2403
<![CDATA[The investment law policies have a positive influence on the interests and welfare of all Indonesian people. However, many legal problems arise due to overlapping regulations both at the central and regional government levels, and also in term of the implementation of decentralization. The results show that the arrangement of investment policy in West Papua against the recognition and respect for Papua indigenous people's rights are still limited to universal policies. Nationally, the policy has not clearly revealed how the form of recognition and respect for the rights of indigenous peoples and/or Papuan indigenous peoples rights related to the presence of investments in West Papua. On a regional scale, the provincial government policy in the form of regional regulations, only covers the scope of investment in West Papua, but does not fully explain how the form of recognition and respect for Papua indigenous peoples related to investment. Hence, related with the alignment of Papua indigenous people's rights in the field of ideal investment arrangements in West Papua was began with the concept of Bottom-up Development Planning, by involving indigenous peoples as a whole. This concept is based on the Optimum Suitable Yield (OSY) where the amount of natural resources that can be exploited must be based on calculations from various perspectives such as biology, economics, and even socio-political perspectives.]]>
<![CDATA[Dual Nationality of the Ships and its Legal Impact ]]>
<![CDATA[Aladwan, Zaid]]>
<![CDATA[ Hasanuddin Law Review VOLUME 6 ISSUE 2, AUGUST 2020 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v6i2.2246
<![CDATA[The international conventions for high seas had provided that each ship must have one flag only and must not change its flag during the voyage or for any reason. However, in the last years many ships have infringed this rule and had registered with other states that had allowed any foreign ships to register in their ports. These states are an open registry states, which are known as 'Flag of Convenience' states. This change of the flag during the voyage, which caused a lot of problems, was for a political and economic reasons either to make their own profit or to avoid their flag state fees. Notably, such phenomenon is considered as a maritime fraud, which will impact the maritime world and disseminate chaos on the high seas. For these reasons, this paper will highlight the duplication of the nationality for the ships issue and analyse the effects of this negative behaviour. ]]>
<![CDATA[Legal Problems of Environmental Impact Assessment in Thailand Calling for Law Revision ]]>
<![CDATA[Phothiruk, Darika]]>
<![CDATA[ Hasanuddin Law Review VOLUME 7 ISSUE 1, APRIL 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v7i1.2702
<![CDATA[The Environmental Impact Assessment (EIA) is well-known and widely used as an essential tool for environmental management. Over the past 40Â years, there have been problems and obstacles in law enforcement and prosecutions in many cases under the EIA laws related to national development projects in Thailand. For this reason, this article aims to present the results of a study of the legal measures on the EIA process in Thailand. This study was conducted through reviewing concepts and theories concerning the EIA and related laws both in Thailand and abroad. The main objective of this study was to analyze the condition of problems and obstacles caused by attempts made in the law enforcement. The importance of the study would result in revision of the laws related to the EIA process to achieve sustainable development goals.]]>
<![CDATA[Immunity of State Owned Non-Commercial Ships and Vessel Protection Detachments in the Foreign Criminal Jurisdiction ]]>
<![CDATA[Nikhilesh, Nikhilesh]]>
<![CDATA[ Hasanuddin Law Review VOLUME 6 ISSUE 3, DECEMBER 2020 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v6i3.2425
<![CDATA[This article studying the issue of sovereign immunity of ships and vessel protection detachments from criminal jurisdiction of foreign courts. The issue immunity of ships from foreign criminal jurisdiction can be understand from Schooner Exchange case onwards. In the initial stages the courts were given absolute immunity of the government ships in the foreign jurisdiction. Later on the courts, jurists and states classified the immunity in two heads such as personal immunity and functional immunity. Immunity not only given to the troika but also to the other officials engaged in the sovereign functions for their respective states with the exception of universal crimes. The status of the warships, government non commercial ships under the law of the sea convention is analysing.  At the end the Article considering whether functional immunity applicable to the vessel protection detachments appointed by the states to protect their ship from piracy in accordance with the IMO guidelines.]]>
<![CDATA[The Space Rush: Reviewing Indonesia’s Space Law in Facing the Rise of Space Mining ]]>
<![CDATA[Suryaatmadja, Shannon]]>;
<![CDATA[Sacharissa, Vicia]]>;
<![CDATA[Tedemaking, Konrardus Elias Liat]]>
<![CDATA[ Hasanuddin Law Review VOLUME 6 ISSUE 2, AUGUST 2020 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v6i2.2174
<![CDATA[Space technology development shows feasibility of actualizing future space mining. There are numerous efforts to utilize resources from celestial bodies; whether as fuel, an alternative source for scarce minerals, or as an in-situ support for future human habitation in outer space. This article identifies potential clashes between ongoing space mining practices and the interests of developing nations. The main concern is accessibility: will the race to dominate space mining leave no room for non-space faring nations to utilize space resources, or even access potential space mining locations? The current international space law has several loopholes such as the absence of provisions regarding ownership of space resources, and the lack of inclusion of private actors, especially considering their role in furthering the space mining industry. This article also examines Indonesia’s regulation on space activities, including mining and provide recommendations. Current regulations imply there is a vision for Indonesia to be a large space actor in the future, but no instrument puts specific focus as of yet to space mining. Lack of dedicated funding and technology also exist, but there are various opportunities to attain this, provided Indonesia is able to utilize them for national interests.]]>
<![CDATA[Criminal Protection of the Family in the Iraqi Legislation ]]>
<![CDATA[Almusawi, Bassim Jameel]]>
<![CDATA[ Hasanuddin Law Review VOLUME 7 ISSUE 1, APRIL 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v7i1.2167
<![CDATA[The protection of the family is the basic principle for building a strong society and family protection policy is one of the most significant among the responsibilities of legislations. The current paper reviews the protection of family according to Iraqi legislation and discusses various types of crimes involving children or families according to Iraqi law. In this article doctrinal legal research was adopted and it assessed sources from both primary and secondary data. The research concludes that Iraqi legislation provides correct protection through a number of legal texts organizing the crimes against family. However, it has failed to achieve full criminal protection for the family. There are both theoretical weakness of law and the routine abuse against family in daily practice. The present paper aims to fill a critical gap in our understanding regarding deficient area in Iraqi law while dealing with the rights of members of family and proposes further work to be done so that Iraqi legislator can provide full criminal protection for family.]]>
<![CDATA[Assessing the Liability Convention and the Indonesian Space Act in Light of Active Debris Removal ]]>
<![CDATA[Ardes, Runggu Prilia]]>;
<![CDATA[Nugraha, Ridha Aditya]]>
<![CDATA[ Hasanuddin Law Review VOLUME 6 ISSUE 3, DECEMBER 2020 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v6i3.2600
<![CDATA[As the orbit in outer space becomes denser, the drive to actively preserve the outer space increases. Active debris removal is the answer to this issue. It serves solemn purposes to maintain the space environment and prevent collision between space objects. This action requires high-level technology and techniques which make it prone to accidents. This article examines the applicability of Liability Convention of 1972 and Indonesian Space Act of 2013 for active debris removal and whether its provisions are sufficient for any future legal issues on this matter. A normative juridical method is used for the analysis. The Space Act from other States like France and Austria will also be briefly mentioned and compared to. At the end, it is concluded that although both of the legal instruments are suitable and applicable for active debris removal, there are still some essential aspects that need to be defined namely property and proof of fault. The paper suggests that it should be emphasized that only catalogued debris can be regarded as property, and that the term “fault†at the minimum should have a modest definition that captures the “deviation from the normal operationâ€.]]>
<![CDATA[Children's Recidivist who Conducted Criminal Act: Legal Psychology Perspective ]]>
<![CDATA[Ratnawati, Ratnawati]]>
<![CDATA[ Hasanuddin Law Review VOLUME 6 ISSUE 2, AUGUST 2020 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v6i2.1676
<![CDATA[Children's social environment influences their psychological return to crimes, and it is a treatment or reward from friends which they consider right since they are encouraged to repeat their actions. The research is an empirical legal research. The results shows that The role of psychologists in Special Child Development Institutions is not optimal, due to limited resources. Furthermore, parents or families should actively supervise and limit the association of children as this will prevent them from returning to the social environment. This is because the environment encourages them to commit criminal acts. Also, the government should make provision for their development through the Ministry of Rights and human rights psychologists of any special institute for children's development.]]>
<![CDATA[Barriers to the Enforcement of Environmental Law: An Effect of Free Market Domination and Regional Autonomy in Indonesia ]]>
<![CDATA[Mahoro, Jean Claude Geofrey]]>;
<![CDATA[Samekto, F.X. Adji]]>
<![CDATA[ Hasanuddin Law Review VOLUME 7 ISSUE 1, APRIL 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v7i1.1896
<![CDATA[This paper discusses different issues relating to the enforcement of environmental law in Indonesia in the long way of the Indonesian government to sustainable development. To reach reliable conclusion, socio-legal approach was employed in this paper. Throughout the work the researcher analyses environmental philosophies including anthropocentrism, biocentrism and ecocentrism. This phenomenon does not only pose responsibility to the government but also to private individuals or companies in their operations in order not to leave burdens to the shoulders of future generations. This ideology was not well ensured in the free-market economy and regional autonomy as the proliferated regulations were not directed to meet the efficient and equitable environmental principles. Hindrances to the effective implementation of environmental law, inter alia, the non-envisaged licensing system in administrative enforcement; ineffective civil damages towards the environmental losses; and non-reaching environmental criminal liability. Besides that, the persistent corruption is another impediment to the effective implementation of environmental law in Indonesia. ]]>
