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Hasanuddin Law Review
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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Rethinking the Penalty of Illicit Enrichment Crime in Ethiopia: Lessons from Comparative Analysis Diriba Adugna Tulu
Hasanuddin Law Review VOLUME 6 ISSUE 3, DECEMBER 2020
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v6i3.2410

Abstract

The crime of illicit enrichment has been widely accepted as a useful mechanism for curbing corruption, both international and regional anti-corruption instruments. This article's main objective is to comparatively analyze the rationality and appropriateness of the penalty provided for illicit enrichment crime in the Ethiopian Corruption Crimes Proclamation compared with Hong Kong and Rwanda's legal regimes to draw some best lessons and way forwards for the identified problems. The article found that the Ethiopia Corruption Crimes Proclamation fails to set a minimum penalty limit and entails severe punishment in terms of imprisonment and fine that can convey a meaningful message to potential offenders. Thus, the penalty provided for the crime of illicit enrichment is designed in a manner in which the person who commits such crime has the chance to be less punished. In effect, this provision is inconsistent with the purpose of criminal law and major sentencing principles, but it also degenerates public confidence in the justice system. Therefore, Ethiopia needs to take a lesson from Hong Kong and Rwanda's experiences in incorporating severe and setting minimum limit of penalty for the crime of illicit enrichment that can convey a meaningful message to potential offenders.
Boko Haram Terrorism and a Threat to Right to Education Ayobami Samson Joshua
Hasanuddin Law Review VOLUME 6 ISSUE 2, AUGUST 2020
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v6i2.2019

Abstract

The government shall direct its policy towards giving to the citizens equal and adequate educational opportunities at all levels. Although, not classified as a fundamental right, this constitutional prescription remains at the forefront of the basic objectives of the Nigerian government; yet, despite this laudable objective, the Northern region of Nigeria has a consistent record of low enrolment rate of indigenous pupils in schools, thereby creating a noticeable disparity between the North and South of Nigeria in terms of education. It is against this background that this paper discusses the evolution, incidences and enabling circumstances of Boko Haram terrorism in Nigeria and its effects on education, particularly in the areas affected. The purpose of this paper is to discuss the long term consequences of the Boko Haram terrorism on the right to education, as guaranteed by the 1999 constitution, in the affected areas of Nigeria. The paper traces the origin and factors that aided the Boko Haram terrorism. It also considers the extent of the effectiveness of the response of the Nigerian government in tackling the problem. The findings prove that, although the response of the government has been active, yet it has not been effective in curtailing the terrorist activities. This has negatively impacted on education in the affected areas of the Northern Nigeria. The paper suggested measures to address the problem.
Covid-19 Crisis and Environmental Law: Opportunities and Challenges Nima Norouzi; Elham Ataei
Hasanuddin Law Review VOLUME 7 ISSUE 1, APRIL 2021
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v7i1.2772

Abstract

With the outbreak of Covid-19 globally, many measures were taken to reduce this epidemic’s effects. The most important of these was the advice to stay home, which became the main line of witness slogans. With this recommendation, schools, offices, and factories were closed. The Covid-19 epidemic has had a profound effect on people’s lifestyles and is likely to have other consequences. The article’s main question is: What opportunities and challenges do the Covid epidemic pose to the environment, and how does it affect environmental rights? Quarantine policies have led to reduced production and transportation and a significant reduction in the pollution caused by these behaviors. Other effects may become apparent immediately. Covid-19 may increase survival damage in the future against contamination. Other developments may occur, including rethinking environmental and economic values and rethinking how resources are allocated and consumed, as Covid-19 affects the global, national, and local economies. Considering each of these consequences and their effects can help to develop environmental law and formulate effective strategies.
Crowdfunding-Based Fiduciary Warrant in Providing Capital Loans for Small and Medium Enterprises Ninis Nugraheni
Hasanuddin Law Review VOLUME 6 ISSUE 3, DECEMBER 2020
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v6i3.2201

Abstract

Small and Medium Enterprises (SMEs) are organized through people's creativity in developing human and natural resources. However, investment challenges often affect their implementation and production processes, necessitating solutions, such as capital loans from banks and other entities. Crowdfunding is an online loaning service that provides easily accessible loans to SME startups, though a warrant to protect creditors from losing money to ingenuine people is necessary. Therefore, this study examines the appropriateness of a fiduciary warrant as a SMEs collateral object. When fiduciary is used as a loan warrant, debtors are allowed to use collateral objects in their production processes. To make a fiduciary warrant effective, legal protection is required. This study used juridical-normative that relied on legal norms in legislation and court verdicts dealing with societal organizational issues. The results showed that crowdfunding-based credit is an alternative with more straightforward procedures compared to conventional entities.
The Imposition of Sanctions for Children Rafika Nur; Handar Subhandi Bakhtiar
Hasanuddin Law Review VOLUME 6 ISSUE 2, AUGUST 2020
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v6i2.2493

Abstract

In the children criminal justice system in Indonesia, there are two systems of sanctions namely criminal sanctions and sanctions actions. A child who commits a criminal offense may be subject to criminal sanctions or sanctions. Imposing sanctions for children becomes something oriented towards coaching and protecting children. However, the imposition of sanctions for children can not be effective because of conflicting legal rules, law enforcement officials who have different paradigms in guarding the legal process against children, facilities and infrastructure that are incomplete and inadequate, making it difficult to enforce sanctions on children as well as the poor stigmatization of society against children in conflict with the law.
Multilayered Democracy in Papua: A Comparison of “Noken” System and Electoral College System in the United States Ahsan Yunus
Hasanuddin Law Review VOLUME 6 ISSUE 3, DECEMBER 2020
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v6i3.2892

Abstract

The elucidation of understanding popular sovereignty through the implementation of democratic principles when applied to a pluralistic Indonesian society requires a comprehensive study. This study is a normative-legal research by using statute, case, and conceptual approaches. This paper provides information on the latest trend in research. The results show that the characteristics of the general election by Noken system are in line with the Electoral College system to presidential elections in the United States, especially in the Noken system as represented by the chieftain (election by the big man). The Noken system is the result of the relations of political culture and the strengthening of local democracy. Hence, the constitutionality of Noken system is a translation of the constitution that pays attention to the social diversity that lives in society. Not only in the context of general elections, but in every aspect of national and State life, as more attention is given to the constitution of social diversity in society (constitutional pluralism).
Animal Welfare and Covid-19 in Indonesia: A Neglected Legal Issue Myrna Asnawati Safitri; Firman Firman
Hasanuddin Law Review VOLUME 7 ISSUE 1, APRIL 2021
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v7i1.2502

Abstract

The Covid-19 pandemic currently infecting the world population comes from the Coronavirus (SARS-CoV-2) transmitted initially from animals to humans, then between humans. This disease is referred to as zoonosis. Covid-19 discourse is generally about zoonotic transmission from animals to humans. Not much attention has been given to the potential transmission from humans to animals. In several countries, cases indicating the exposures of animals with the Coronavirus have been found. Thus, a discussion on the vulnerability of exposure to animals with the Coronavirus is significant to scientifically discussed. Unfortunately, concerns about this problem are still voiced by the mass media. Limited studies have been found, especially in Legal Science. In Indonesia, the Covid-19 incidence has hit more than 200 thousand people, one of the highest in Southeast Asia. Nevertheless, animal protection policy is not part of the national program of Covid-19 Control. Indonesia has several laws and regulations concerning animal welfare and zoonosis control. This article presents our study's findings investigating how the animal welfare law is applicable to protect the animals from Covid-19. Using the method of normative legal analysis, we found several weaknesses in the legal norms. We also observed how the ethics of anthro-pocentrism and ecocentrism compete in animal welfare laws.
Current Issues of Taiwan's Marine Protected Areas Legal Regime Adrian Nugraha
Hasanuddin Law Review VOLUME 6 ISSUE 3, DECEMBER 2020
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v6i3.2484

Abstract

As an 'Ocean Nation,' it is essential for Taiwan to make efforts to conserve its aquatic zones through marine protected areas (MPAs). Marine protected areas have considered one of the most precise methods of maintaining sustainable ecosystems and restoring fish stocks. This article discusses the legal regime for marine protected areas currently applied and its institutional arrangements in Taiwan. This study emphasizes legal issues in Taiwan's marine conservation efforts. This paper analyzes eight primary legislation relating to marine protected areas in Taiwan. Furthermore, to acquire actual field data, this study conducted interviews with a semi-structured questionnaire in three prominent Taiwan institutions related to their marine conservation task. All data obtained were analyzed and presented qualitatively. The issues of Taiwan's marine protected area legal regime have been identified. First, the main issue in Taiwan is that the legal basis for marine conservation is the legislation applied to land. Second, the existing maritime law regime in Taiwan does not emphasize marine conservation efforts. Subsequently, this article also discusses institutional arrangements related to Taiwan's marine protected areas. This paper also offers possible solutions. Enforcing five key Acts related to marine conservation, particularly the 2015 Act of Coastal Zone Management and strengthening institutional Taiwan's Ocean Affairs Council, are the solutions offered in this study.
Book Review: Concise Theory of Road Safety by T.P. Hutchinson Mutiah Wenda Juniar
Hasanuddin Law Review VOLUME 7 ISSUE 2, AUGUST 2021
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v7i2.3081

Abstract

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The Law in the Face of the COVID-19 Pandemic: Early Lessons from Uruguay Norouzi, Nima; Khanmohammadi, Heshmat-ullah; Ataei, Elham
Hasanuddin Law Review VOLUME 7 ISSUE 2, AUGUST 2021
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v7i2.2827

Abstract

The Corona crisis is one of the crises that has engulfed the world and Uruguay and has marked all human beings' death and life. This crisis has many legal, political, social, and economic dimensions and has and will have different consequences in this area. So far in the last two centuries, twelve major epidemics of infectious diseases and fifteen famines, and severe droughts have engulfed our world, but this crisis is "of a different kind." It has been less critical to cover the whole world. Infect millions of people, create new words in cultures, and announce major changes in international relations, politics, law, and the world and country economies. No geographical point is safe from this, and it has a serious impact on human relations. This paper is aimed to study the Uruguayan legal system in the post-Covid-19 world. In this paper, Constitutional, Financial, commercial, Labor, Public, and judicial law is discussed in the light of the Covid-19, and its impacts and strategies to mitigate those impacts are mentioned.

Page 17 of 30 | Total Record : 293

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