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Hasanuddin Law Review

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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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Implementation of the Death Penalty in the Perspective of Human Rights in Indonesia Sina, La
Hasanuddin Law Review VOLUME 2 ISSUE 3, DECEMBER 2016
Publisher : Faculty of Law, Hasanuddin University

The 1945 Constitution of Indonesia provides for rights to life and to remain free from torture that are fundamental human rights that shall not be curtailed under any circumstance. Since 1945, Indonesia does not regulate the protection of the right of life to the citizens. Until 1946, enacted Law No. 1 of 1946 concerning the Indonesian Criminal Code which in several provisions concerning the death penalty. Death sentences and executions in Indonesia is always debatable. However, it is still implemented and can not be avoided, unless the change of its legal provisions. This study was a normative research or doctrinal research. The results of the study shows that the provisions of death penalty in Indonesia is still enforced because have been regulated in the Criminal Code and several organic laws such as the law of terrorism, narcotics, corruption, and human rights justice. The death penalty is contrary to Article 28I of the 1945 Constitution. It has set the rights to life, so that no one may violate human rights, including the government and the country is not granted the right to revoke rights for every citizen. The Indonesian government should not impose the death penalty contained in the draft new Code, and abolish the death penalty in its organic law that had been imposed on the offenders. Preferably, the death penalty may be replaced by alternative punishment with life imprisonment, a prison within a specified time or according to the judgeâ€™s decision.

GATS and International Trade in Health Services: Impact and Regulations Bakhouya Driss
Hasanuddin Law Review VOLUME 3 ISSUE 2, AUGUST 2017
Publisher : Faculty of Law, Hasanuddin University

This article is interested in studying the impact of trade agreements on the quality of health services, and the statement of the role of the Ministry of Health to protect the quality of these services. The problems that arise in this study; how the application of GATT on trade in health, and services? This article also includes the impact of international trade agreements on the issue of attracting foreign investments in the field of health, and to clarify the government's ability to maintain the health and political, and the capacity of national health products to compete with foreign products. As pointed out repeatedly in this paper, it is too early to make definitive conclusions regarding the impact of GATS, or the liberalization of trade, in the health sector. Nevertheless, we conclude that although so far only a few countries where trade in health services has a major role, trading as it does –which is not based on the GATS or GATS commitments– and appears to be increasing, GATS agreement provides a framework for international trade in services, including health services, but the actual content and obligations are determined in large part by the national government.

Legal Policy of Interfaith Marriage in Indonesia Hedi, Fathol; Anshori, Abdul Ghofur; Harun, Harun
Hasanuddin Law Review VOLUME 3 ISSUE 3, DECEMBER 2017
Publisher : Faculty of Law, Hasanuddin University

Marriage is not just a bond between men and women, but the inner bond between a man and a woman based on the One and Only God. This research was a philosophical normative, thus the approaches used were philosophical, normative, and historical. Besides, a qualitative-descriptive strategy was used in finding a depth description of the law politics of interfaith marriage regulation in Indonesia based on the the 1974 Marriage Law. The results show that the interfaith marriage is not regulated in the 1974 Marriage Law, because: First, the rejection of the majority of Muslims and the faction in Parliament because the interfaith marriage is against the aqidah (matters of faith) of Islam; Second, the interfaith marriage is contrary to the marriage culture in Indonesia, because marriage contains legal, sociology and religious aspects; Third, the interfaith marriage is contrary to the theological teachings of religions in Indonesia that do not want interfaith marriages, such as Islam, Christianity, Protestantism, Hinduism and Buddhism. Furthermore, the interfaith marriage is inconsistent with the philosophical purposes of marriage in Indonesia where the purpose of marriage forms a happy and eternal family based on the One Supreme God.

Penegakan Hukum Lingkungan di Sektor Kehutanan (Studi Kawasan Hutan Lindung di Kabupaten Sinjai, Sulawesi Selatan) Wahid, A. M. Yunus; Bohari, Naswar; Achmad, Achmad
Hasanuddin Law Review VOLUME 1 ISSUE 1, APRIL 2015
Publisher : Faculty of Law, Hasanuddin University

Penelitian ini bertujan untuk mengetahui sejauhmana pelaksanaan penegakan hukum dalam perlindungan hukum terhadp hutan lindung di kabupaten Sinjai, serta kendala-kendala yang dihadapi dalam pelaksanaannya. Penelitian dilaksanakan dengan metode yuridis normatif, disertai penelitian lapangan sebagai data pembanding. Tingginya angka deforestasi di Indonesia adalah inti dari permasalahan yang dibahas dalam penlitian ini. Okupasi lahan hutan oleh warga masyarakat menjadi area perkebunan atau pertanian, penebangan liar, serta pengalihan fungsi hutan lindung sangat berdampak pada pemanfaatan kawasan hutan. Sinergi antar instansi yang terlibat dalam perlindungan dan pengawasan kawasan hutan lindung mutlak diperlukan dalam upaya pelestarian hutan.

Protecting Indigenous Peoples through Right to Natural Resources: Lesson from the Existence of Navajo Tribe in the United States Widiatedja, I Gusti Ngurah Parikesit
Hasanuddin Law Review VOLUME 1 ISSUE 3, DECEMBER 2015
Publisher : Faculty of Law, Hasanuddin University

From the perspective of international law, indigenous peoples have the rights to own, use, and control their natural resources within their territories. In the United States, the Navajo Tribe has enjoyed those rights. In terms of law making process, this tribe can enact some acts to preserve a control over their natural resources. Specifically, the Air Pollution Prevention and Control Act, the Clean Water Act, and the Solid Waste Act. Concerning law implementation and enforcement, Navajo Tribe has a right to equitable benefit sharing in natural resources and fair court proceeding for breach. As a result, the existence of rights for natural resources requires the U.S federal government to ensure fair administration of natural resources in order to mitigate an economic exploitation of natural resources in indigenous land.

Religious Communal of Indigenous Peoples in Improving Economy Through Local Wisdom (A Juridical Study on Rural Credit Institution in Bali) Ibrahim, Johannes; Haykal, Hassanain
Hasanuddin Law Review VOLUME 2 ISSUE 1, APRIL 2016
Publisher : Faculty of Law, Hasanuddin University

Rural Credit Institution is a financial institution that is specifically located in Pakraman (customary villages) in Bali. The presence of Rural Credit Institution in Bali adjoined to other bank financial institutions such as Commercial Banks and Rural Banks are widespread throughout the province of Bali. Rural Credit Institutions as a financial institution acquire legality under Article 58 of Act No. 7 of 1992 in conjunction with Act No. 10 of 1998 which provides status as Rural Banks. Local wisdom that owned by Rural Credit Institutions, has the scope of business activities, the types of activities and financial transactions are limited in Pakraman as the target area. Customers who save funds or require a loan to be registered as local residents aimed at empowering communities. It is a characteristic of religious communal of Baliâ€™s people for business activities in the village. The uniqueness in the Rural Credit Institutions is the local wisdom of Baliâ€™s people that can be maintained and not be crushed by globalization.

Comparative Study of Issuing Bankâs Obligations towards Beneficiary of the Letter of Credit under UCP and English Law Alavi, Hamed
Hasanuddin Law Review VOLUME 2 ISSUE 3, DECEMBER 2016
Publisher : Hasanuddin University

Process of international trade is complicated and risky. Risks will be more considerable when times come to deal with receiving/sending payments from/to unknown business partners in remote geographic areas. Employing documentary letters of credit (LC) is one of the ways to reduce payment risk in international business especially when partnerâs financial standing is unknown to each other. By using the LC as method of payment, parties will shift payment obligation from buyer as a natural person to the guarantee of bank as a legal person. The process of using LC is complicated and involves different players and relations between them. Amongst all relations in process of LC transaction, relation between issuing bank and beneficiary is the most complicated and least clear from legal stand point. This article tries to shed light on vague aspects of relations between issuing bank and beneficiary by studying obligations of the issuing bank towards beneficiary under the law of documentary letters of credit while comparing provisions of UCP with English Common Law on subject matter. Main objective of paper is providing answer to the question of what is the role of issuing bank in the process of LC transaction and which liabilities does it have towards beneficiary? Article consists of five main parts. Part one will provide an introduction to function and relation among different parties in process of an international LC transaction. Further, it endeavours to tap on principle of autonomy and strict compliance as governing principles of documentary letters of credit. Part two and three will take a comprehensive look at legal basis of relations between issuing bank and beneficiary, as well as bankâs obligations under documentary credit law. Part four will discuss liabilities of issuing banks towards beneficiary and finally part five will touch upon situation in which bank will right to recourse against beneficiary.

The Land Rights of Indigenous Peoples: Revaluation of Papua Special Autonomy Pelupessy, Eddy
Hasanuddin Law Review VOLUME 3 ISSUE 1, APRIL 2017
Publisher : Faculty of Law, Hasanuddin University

The purpose of Special Autonomy for Papua is to resolve the source of the problem in Papua, especially concerning the rights of indigenous peoples. Normatively, the background of local autonomy for Papua is affirmed in Act No. 21 of 2001 on Papua Special Autonomy. The results shows that the recognition and protection of the land rights of indigenous peoples have been set clearly in the national legal system, such as Agrarian Law, Forest Law, as well as in Mineral and Coal Mining Law. However, recognition and protection of indigenous peoplesâ€™ rights to land in various legal products is still ambivalent. The essence of protection of indigenous peoplesâ€™ rights to land is also clearly regulated in Act No. 21 of 2001 and Perdasus No. 23 of 2008 has put customary law community on ownership of communal land is not the object of development, especially in the field of investment. The customary right and indigenous land which is the property and become an authority on indigenous peoples must be recognized by the government and regional and national communities about its presence. Therefore, the government should strive to protect the customary right through regulation of the Ministry of Agrarian and Land Agency and other laws related to the issue of customary rights, customary lands, indigenous peoples and their authority.

The Challenges of Water Pollution: Enforcement of Water Pollution Control Utama, I Made Arya; Suharta, I Nengah
Hasanuddin Law Review VOLUME 4 ISSUE 1, APRIL 2018
Publisher : Hasanuddin University

Water demand continues to increase, while its availability was increasingly limited due to pollution. Therefore, the issue of legal sanction in the management of water resources was interesting to be examined because of the void of norm related to the sanction of administrative, civil and criminal sanction in Article 87-120 of Act Number 32 of 2009. So, this research was qualified into normative legal research with legal material from result of library research. The type of administrative legal sanctions were more effectively applied to protect water resources from pollution. Administrative Legal Sanction was not implemented through the judges, more easily and quickly implemented in providing protection against water resources, compared with sanctions of Criminal Law and Civil Law.

Urgensi Prinsip Proporsionalitas pada Perjanjian Mudarabah di Perbankan Syariah Indonesia Sjaiful, Muhammad
Hasanuddin Law Review VOLUME 1 ISSUE 2, AUGUST 2015
Publisher : Hasanuddin University

Kehadiran lembaga perbankan syariah di Indonesia, adalah kebutuhan bagi bagi umat Islam di Indonesia, untuk menjamin transaksi keuangan mereka yang berbasis syariah. Salah satu praktik perjanjian syariah yang berlangsung di perbankan syariah di Indonesia, yaitu perjanjian transaksi keuangan yang menggunakan skema mudarabah. Tulisan ini bertujuan melakukan telaah penerapan prinsip proporsionalitas terhadap praktek perjanjian mudarabah di perbankan syariah di Indonesia. Penelitian ini dapat memberikan kontribusi sebagai rujukan ilmiah guna melakukan rekonstruksi perjanjian mudarabah agar tetap mengedepankan prinsip proporsionalitas menurut prinsip-prinsip syariah. Untuk mencapai tujuan penelitian yang dimaksud, metode penelitian yang digunakan adalah metode penelitian hukum normatif, dengan sumber bahan hukum primer yaitu beberapa perjanjian mudarabah tertulis yang terdapat pada perbankan syariah di Indonesia. Juga bahan hukum sekunder berupa literatur dan karya ilmiah lainnya yang berisi doktrin dan pendapat hukum ahli tentang perjanjian syariah, terutama tentang perjanjian mudarabah. Berdasarkan hasil analisa menunjukkan bahwa penerapan prinsip proporsioalitas dalam perjanjian mudarabah di perbankan syariah Indonesia belumlah berjalan sesuai standar yang ditetapkan menurut prinsip syariah sebab pada faktanya beberapa klausula yang tercantum dalam akad mudarabah terkesan memberi peluang begi pihak shahibul maal (pihak bank syariah) untuk berlepas diri dari kerugian finansial yang terjadi dikemudian hari, yang seolah-olah kerugian finansial itu hanya ditanggung oleh mudharib (pelaku usaha), sehingga ini menyimpang dari spirit prinsip proporsionalitas yang semestinya menjadi dasar tegaknya nomenklatur perjanjian mudarabah tersebut.

Page 2 of 30 | Total Record : 293

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Contact Name
Ahsan Yunus

Contact Email
ahsan.yunus@gmail.com

Phone
-

Journal Mail Official
hasanuddinlawreview@unhas.ac.id

Editorial Address
-

Location
Kota makassar,

Sulawesi selatan

INDONESIA