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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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Fishing Quota and International Obligation: Why Has Indonesia been Indicated as a Non-Compliant State Indriyani, Rachma; Rahim, Asmar Abdul; Azmi, Ruzita
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.v7i2.2841

Abstract

Indonesia committed to conserving the tuna resources by participating in some RFMOs. From all regional organizations where Indonesia has been joined, the CCSBT is the unique one, due to it governs a single tuna species, which is called Southern Bluefin Tuna. This kind of tuna is essential for Indonesia because it is the world’s most expensive tuna and SBT migrates through Indonesian fisheries management zones and goes even further within the territorial waters, where the SBT spawning area is located. This natural characteristic distinguishes Indonesia from other Parties to CCSBT. Nevertheless, the Country has been dealing with its obligation to comply with national quota allocation. For some fishing season periods, the CCSBT indicated Indonesia as a non-compliant. By applying the qualitative approach, this study considers how Indonesia’s non-compliance has been addressed in fishing for shared fish stocks. The data collection was conducted through semi-structured interviews and legal analysis of law and policy instruments. This method leads the elaboration to reveal domestic factors affecting non-compliance by Indonesia. This study argues, the fisheries legislation should consider the provision concerning fishing for resources under quota system, hence, it will provide sufficient legal base to take enforcement measures towards non-compliance with fishing quota. 
Tendering in Assignment of the Administrative Contract: A Comparison of Egyptian Tender Law and Saudi Government Tenders and Procurement Law Alanzi, Awad Ali
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.v7i2.2977

Abstract

Administrative contracts are conducted to meet government agencies' requirements in terms of procurement, which is done by tendering. The government infrastructure demand and day-to-day other needs are contracted with vendors, who render their services by applying the announced tender. Hence, the legal framework related to tendering is very important, which protects the legal rights of tender authority and vendors. This present research aims to explore the tendering law in Saudi Arabia and Egypt, having a close legal framework regarding tendering. Egypt is carrying the tender law of 1998, which is updated in 2018 recently. Moreover, tendering in Saudi Arabia depends on the Government Tenders and Procurement Law (GTPL) of 2019, which is updated from the previous version of GTPL 2006.  The research explores the basic structure of the procurement system and tendering in both systems, including the discussions on procurement agency, tendering methods, basic tendering regulations, public-private partnership, transparency issue, and tendering with foreigners' bidders. Also, the recent improvements in both tendering systems are discussed. The research traces many similarities and differences in both tendering systems and suggests taking help from each other's experiences.
Embodiment Principles of Clearing Justice in Consumer Arbitration Azwir Agus
Hasanuddin Law Review VOLUME 4 ISSUE 3, DECEMBER 2018
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v4i3.3067

Abstract

The realization of the principle of justice in proving the settlement of consumer disputes through arbitration in Indonesia is equally important. Undeniable, there is a weakness of the consumer protection law, both substantial norms and formal law. This article is normative legal research that refers to norms and legal principles in the legislation or court decisions. The results show that the proof is one of the trials that plays an important role. In general, the verification system is distinguished based on civil law and common law understandings influenced by various proof system theories such as the presumption of liability principle adopted in the Indonesian consumer protection law. The principle of justice in the consumer arbitration system is different from the arbitration verification system that is universally applicable in Indonesia. The ultimate goal of choosing consumer arbitration is to get substantial justice that is more dignified and not just obtaining formal justice. 
Equal Access to the Vaccination of Covid-19 in Southeast Asia: Can ASEAN be a Catalyst? Muhammad Insan Tarigan; Raisha Hafandi
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.v7i2.2875

Abstract

Since the time Covid-19 was discovered in Southeast Asia, around 2.5 million people have been infected and more than 54 thousand have died by early March 2021. Even though ASEAN members have followed most of the WHO recommendations to deal with Covid-19, cases are still liable to increase. Therefore, vaccine utilization is the best chance which people believe in to fight the pandemic for now. However, the vaccine’s availability and distribution are a dilemma for the ASEAN member countries. Therefore, this article aims to determine the possibility of ASEAN’s role in creating equal access to the Covid-19 vaccine for everyone. According to the juridical normative research, ASEAN is committed to protect and promote human rights and to realize the Sustainable Development Goals (SDGs). On that basis, the organization tends to play an important role in Covid-19 vaccination in Southeast Asia by cooperating with its partners to research and create the required vaccine.
Measuring the Low-Income Earner on Housing Access in Urban Areas of Indonesia and Malaysia Mazliza Mohamad; Ricco Survival Yubaidi; Safinaz Mohd Hussein; Rahmah Ismail; Suzanna Mohamed Isa; Saidatul Nadia Abdul Aziz
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.v7i2.2876

Abstract

The ratio between the increased demand and limited land makes affordable housing in urban areas more difficult to accommodate. Indonesia and Malaysia, as populous countries, face problems related to housing access, especially for low-income earners in urban areas. The research was undertaken for two reasons. First, problems related to housing access for low-income earners in urban areas should be solved as soon as possible. Second, it is necessary to conduct a study in order to analyze and compare these two countries in measuring low-income earners on housing access in urban areas. To this end, the normative legal approach was applied. The materials used in this study were relevant statutes, rules, regulations, journals, articles, thesis, seminar papers, and electronic materials. The result showed that the fulfillment of housing access highly depends on the state’s developmental goals. It is also associated with principles of development that each country adheres to. The government is expected to provide accurate data in measuring low-income earners on housing access. Identification of beneficiaries by combining income classification and ability to housing access may facilitate policymakers with ease when taking affirmative measures. It is necessary to suggest initiative collaboration involving academicians, business sectors, community, and government (ABCG) in Indonesia and Malaysia to provide adequate housing in urban areas.
Features of Remote Work in Ukraine and the European Union: Comparative Legal Aspect Oleg Yaroshenko; Nataliia Melnychuk; Sergiy Moroz; Olena Havrylova; Yelyzaveta Yaryhina
Hasanuddin Law Review VOLUME 7 ISSUE 3, DECEMBER 2021
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v7i3.3218

Abstract

The relevance of the study is based on the development of scientific and technological progress and the expansion of the labor market, including in the framework of international cooperation. Moreover, the introduction of quarantine due to the spread of Covid-19 has led to increased attention to remote work. The aim of the study is to analyze the legal aspects of remote work in accordance with the labor legislation of Ukraine and the European Union, focusing on the concept of remote work, the rights and obligations of remote workers. In our study, we determined that in the European Union, the key points in relation to the rights granted to teleworkers, which the countries parties to the agreement have undertaken to incorporate into their national legislation and collective agreements, are data protection; the voluntary nature of telecommuting; equipment; organization of working time; privacy. The originality of the study is based on more effective ways to improve labor productivity in Ukraine, labor discipline, compliance with labor guarantees for remote work. It is necessary to revise and legislatively regulate the key principles of compliance by employees with labor discipline, providing the employee with proper working conditions, supporting the employer in search of new opportunities to provide employees with work, improving the technical aspects of ensuring the relationship between business and government, responsibility for results and the labor process.
Human Rights, Islamophobia, and the War on Terrorism Aidir Amin Daud
Hasanuddin Law Review VOLUME 7 ISSUE 3, DECEMBER 2021
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v7i3.2833

Abstract

Declaration of Human Rights is one of the universal law products, which has become an agreement for the civilization of nations. Hence, everyone has the right to recognition everywhere as a person before the law. One of the substances of Human Rights principles is not to allow the growth of repressive attitudes from all elements in society. Including the attitude and role of the media as the guardian of human rights. This study analyzes the role of media in the production process of anti-Muslim frames, contributing to the growth of islamophobia, thereby supporting the government's repressive efforts and ignoring human rights principles. This study is a qualitative study related to the trends and challenges of islamophobia and the war on terrorism from a global perspective. The results show that islamophobia has led to the Muslim community's discrimination, exclusion, and acceptance of prejudice. This activity creates a scourge for decision-makers in many countries with numerous attributes associated with its growth. The originality of this paper exhibits a comprehensive investigation of islamophobia, international law, and terrorism. The result also showed that the media tend to discriminate due to fanaticism, violence, and terror in many extreme religious groups, thereby encouraging the spread of islamophobia.
Air and Space Law Education: Preparing for the Future in China, Indonesia, Italy and Thailand Nugraha, Ridha Aditya; Kong, Dejian; Guiso, Gaia; Kovudhikulrungsri, Lalin
Hasanuddin Law Review VOLUME 7 ISSUE 3, DECEMBER 2021
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v7i3.3197

Abstract

Aerospace technology has developed rapidly within the last decade. Facing the future, there is an urgency to balance aerospace technology developments with providing sufficient human resources through education, in this context from the perspective of air and space law. From east to west, this article elaborates on air and space law education in four countries with different experiences in aerospace activities, namely China, Thailand, Indonesia, and Italy. The development of higher education in conducting such programs is essential to ensure that the national aerospace industry will never lack proper human resources from its own nationals, including professionals with specific air and space law expertise. Furthermore, higher education has a significant role in bridging the industry with recent developments and advising the government in setting up aviation and space policies, as in the successful case of China and Italy. In the end, this article provides policy recommendations on promoting air and space law in higher education.
Protection of Human Rights and Freedoms in the Administrative Proceedings of the European Union Oleksandr Rastorhuiev; Petro Makushev; Alla Pukhtetska; Andriy Hridochkin; Irina Smaznova
Hasanuddin Law Review VOLUME 7 ISSUE 3, DECEMBER 2021
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v7i3.3215

Abstract

Since there is a problem of forming a system of modern doctrinal knowledge on protection in administrative proceedings by individuals of their rights violated in public relations, the topic under research becomes relevant. The justice in national administrative cases requires qualitative improvement taking into account European experience. The purpose of the research is to form a uniform judicial enforcement in the field of public relations, establish the rule of law, and provide fair justice. The methodological basis of this study is a set of general scientific (dialectical, analysis, and synthesis), as well as special legal (historical, comparative law, consideration and interpretation of legal norms, formal-logical) methods of scientific knowledge. The practical significance of the obtained results is that the formulated theoretical provisions, proposals and recommendations can be used: in research to conduct further research on the problems of administrative proceedings in Ukraine, ways and means of effective protection of subjective rights of individuals; in law-making for further improvement in accordance with European principles of national legislation; in the law enforcement practice of judges of administrative courts of Ukraine for consideration and resolution of public law disputes, in the protection of their rights in administrative judicial specialization by citizens and legal entities.
Gender Bias and Artificial Intelligence: A Challenge within the Periphery of Human Rights Prashant Chauhan; Gagandeep Kaur
Hasanuddin Law Review VOLUME 8 ISSUE 1, APRIL 2022
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v8i1.3569

Abstract

Technology is advancing at an exponential rate, and artificial intelligence has become a contentious issue of the day. A plethora of fields influencing human life has been impacted by artificial intelligence, whereas the development of artificial intelligence has opened Pandora’s box of legal concerns. Several international organizations, including the United Nations, have identified gender equality as an indispensable constituent of the protection of human rights. The voyage of gender equality has seen a long phase of struggle and persists. This paper aims to analyze, in what manner artificial intelligence is affecting gender equality, raising concerns on the issues regarding the role played by the United Nations in securing gender equality through conventions and resolutions, is artificial intelligence capable of posing a threat to gender equality and what measures can be implemented to secure gender equality about artificial intelligence.  

Page 18 of 30 | Total Record : 293

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