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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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The Presence of the Defense Lawyer in Vietnam’s Criminal Justice System: Substantive or Cosmetic? Chi, Le Lan; Lan, Nguyen Thi; Ngan, Nguyen Hoang
Hasanuddin Law Review VOLUME 9 ISSUE 1, APRIL 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i1.4121

Abstract

Defense lawyers play an important role in protecting the rights and interests of the accused, contributing to upholding justice and reducing the number of wrongful convictions. In Vietnam, in accordance with the current Criminal Procedure Code of 2015, defense lawyers have been given more and more rights to perform legal defense activities. However, defense lawyers are still considered to be passive participants in criminal proceedings, classified under the “judicial complementary” group. The right of lawyers to collect evidence is restricted. Furthermore, other rights have not been fully implemented. The number of lawyers compared to the entire population remains low, and there are very few criminal cases that include the participation of defense lawyers. These circumstances beg the question of whether the presence of defense lawyers in Vietnam’s criminal justice system is substantive or merely a cosmetic façade intended to improve Vietnam’s global image. This paper seeks to answer this question by analyzing the results of surveys conducted with Vietnamese lawyers. Moreover, it provides some recommendations to strengthen the role of defense lawyers in the criminal justice system of Vietnam.
Navigating the Hidden Politics of Water Resource Bureaucracies in Indonesia: Mapping Issue-Elements and Alliances Muhammad Alif K. Sahide; Micah R. Fisher; Nurul Hasfi; Emban Ibnurusyd Mas’ud; Ahsan Yunus; Fatwa Faturachmat; Siti Halimah Larekeng; Ahmad Maryudi
Hasanuddin Law Review VOLUME 9 ISSUE 1, APRIL 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i1.4304

Abstract

Water resource politics are often overlooked for jurisdictional perspectives, or difficult to comprehend for the politics unfolding behind the scenes. Using Indonesia as a case study, we synthesized all water-related bureaucracies to generate a list of “Water resource Issue-Elements,” which served as a framework for translating actor-centered power dynamics. The data is based on policies reviewed from 2014 to 2017, coinciding with the beginning of a new presidential administration with heightened interests in water resource management. The study found that while the central coordinating and planning bureaucracies wield the strongest network power, two sectoral bureaucracies hold tremendous influence in guiding water resource management, which unfold under conditions of highly fragmented politics. On the one hand, the Ministry of Environment and Forestry influences water resources through its land management mandate and seeks to enlarge its bureaucratic power beyond state forest boundaries through the concept of watersheds. On the other hand, The Ministry of Public Works and Housing maintains its traditional mandate for managing river basins, wielding large budgets and networks to control information and determine project-related disbursements. As these two bureaucracies shape alliances administering water resources, their delegating responsibilities also refract to regional bureaucracies, shaping a new set of subnational contestations.
The Impact of Indonesia's Mining Industry Regulation on the Protection of Indigenous Peoples Mohammad Jamin; Abdul Kadir Jaelani; Mulyanto Mulyanto; Reza Octavia Kusumaningtyas; Duc Quang Ly
Hasanuddin Law Review VOLUME 9 ISSUE 1, APRIL 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i1.4033

Abstract

The government has established various policies regarding mining in Indonesia. Still, an important question that needs to be asked is whether these policies have provided benefits, justice, and balance for indigenous and tribal peoples. This study aims to analyze the impact of Indonesian mining regulations on the protection of indigenous peoples. This is a normative legal research effort. The literature review gathers information from document analysis, which is analyzed qualitatively. Data analysis is descriptive-analytic in nature. The study results show that the impact of mining regulations still needs to reflect the recognition and protection of the rights of indigenous peoples. There is a need to improve mining management legislation and systems. Standardization of reclamation and post-mining management is required to provide implementation guidelines that meet the needs of the community. It has no negative impact on the community surrounding the mine. Licensing is one policy that can be used to implement standardization, which means keeping an eye on how the land is managed after mining, how waste is handled, and how policies are made to encourage mining and conservation activities that are good for the environment.
Implementing of Green Building Policy: From Supervision to Self-Regulatory System Ronny Adrie Maramis; Theodorus H.W Lumunon
Hasanuddin Law Review VOLUME 8 ISSUE 3, DECEMBER 2022
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v8i3.4134

Abstract

The implementation of green building policies has not shown problems of effectiveness and legal level and has not gained a good momentum socially as a social movement. The introduction of policies and program implementation through the involvement of various sectors and stakeholders is necessary. General understanding of green building and its policies and enforcement is still low, but in related sectors such as civil engineering and architecture professionals as well as planning consultants have adequate knowledge. This article aims to reveal the complexity of the problems and implementation of green building in Indonesia. This study uses a normative juridical method, with a conceptual approach and field data as support. The results show that an effective way to promote, implement and monitor green building policies is to utilize a self-regulatory mechanism, a system that delegates green building regulatory to professional groups in the fields of civil engineering, architecture and contractor associations.
Plastic Waste Management in Indonesia: Current Legal Approaches and Future Perspectives Maskun Maskun; Hanim Kamaruddin; Farida Pattitingi; Hasbi Assidiq; Siti Nurhaliza Bachril; Nurul Habaib Al Mukarramah
Hasanuddin Law Review VOLUME 9 ISSUE 1, APRIL 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i1.3683

Abstract

The ever-increasing domestic consumption of plastic products and materials has forced Indonesia to propel forward the means and approaches in dealing with their disposals. Despite the presence of numerous legal instruments serving as basis justifying actions to deal with plastic waste, Indonesia is still nowhere near success in tackling the issue of mismanagement. This article is devoted to normatively analyze various legal approaches used to govern plastic waste management Indonesia, and to unravel issues related to such approaches. It is carried out using normative-legal research methods in which various legal instruments and other secondary legal materials are analyzed descriptively to point out the emerging legal issues. The main findings reveal that laws and regulations as well as public policies that serve as legal basis and approach to deal with plastic waste governance in Indonesia still possess some weaknesses. Further examinations suggest the needs for improvement in some legal aspects from which some new perspectives could then be shaped to envisage future actions.
Special Autonomy and the Principles of Federal System: A Blurred Portrait of the Special Autonomy for Papua Frans Reumi
Hasanuddin Law Review VOLUME 9 ISSUE 1, APRIL 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i1.4289

Abstract

The spirit of implementing decentralization and special autonomy contains the principle of federal arrangements is the right solution in the Indonesian government system. A unitary state in the form of a Republic with social conditions, multicultural society, and geographical conditions with thousands of islands is a challenge in realizing prosperity. This article is normative-legal research. The data used are primary legal materials obtained from relevant regulations and secondary legal materials obtained from various related literatures. The result shows that implementing the principle of the reserve of powers was to the region and direct election system for regional heads and deputy regional heads. Meanwhile, decentralization which leads to a federal system, has positive and negative effects on the implementation of the functions and objectives of the state, stated in the spirit of special autonomy. Both de facto and de jure, this legal policy reflects the principle of the federal system, which aims to maintain the integrity of the Unitary State of the Republic of Indonesia.
Human Right to Access Public Information: The Experience of Ukraine and the Practice of the ECtHR Shevchuk, Oleksandr Mykhailovych; Drozdov, Oleкsandr Mykhailovych; Kozak, Vadim Anatoliyovych; Vyltsan, Anastasiia Oleksandrivna; Verhoglyad-Gerasymenko, Оlena Volodymyrivna
Hasanuddin Law Review VOLUME 9 ISSUE 2, AUGUST 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i2.4396

Abstract

The guarantee of ensuring the right to access public information is an important condition and criterion for functioning in a legal democratic state. In addition, realizing the right to access public information is essential for preventing and detecting corruption. The purpose of this work is to analyze international legal rules and standards, as well as to provide some examples of the practice of the European Court of Human Rights in the context of the implementation of the right to access public information. It has been established that the right to access public information is a component of the human right to information and is a fundamental constitutional human right. The existing practice of the European Court of Human Rights confirms the importance of protecting the right of access to public information. It indicates to states that it is mandatory to comply with it, the expediency of applying an effective system of control measures to implement the right under study. The paper analyzes theoretical and legal approaches to understanding the human right to access public information and determines its place in human rights. An analysis of the practice of the European Court of Human Rights regarding the right to access public information made it possible to identify existing shortcomings in the legislation of the Member States and Ukraine and to find ways and methods for solving such problems and prospects for preventing such violations in the future, as well as the possibility of applying the decisions of the European Court of Human Rights to improve the current domestic legislation in this area.
Disgorgement of Profits: An Alternative Solution to Stolen State Assets’ Recovery from Corporate Financial Crimes Ariyanny, Renny; Bae, Sung-jun; Dermawan, Mohammad Kemal
Hasanuddin Law Review VOLUME 9 ISSUE 2, AUGUST 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i2.4622

Abstract

In recent years, the Indonesian government has suffered a huge loss of state assets due to the misbehavior of corporations in financial management because the Indonesian legal system does not have a specific regulation to address corporate financial crime. When a corporate financial crime case arises, Indonesian law enforcement approaches this crime using the Anti-Corruption Act. However, the aim to retrieve the stolen government assets purloined by a corporation using the Anti-Corruption Act is still insufficient, therefore, other related regulations such as the Money Laundering Act have to apply as an additional instrument to realize optimal recovery from the misbehaving corporation. Because the long process involved in criminal and civil courts it is sometimes a waste of the law enforcement effort and the funds expended to get paid back from offenders and/or corporations because the money received is much lower than the money lost or even zero. To bridge the gap between the money lost initially and the repayment money, because of the lack of special legal regulation concerning corporate financial crime, this research intends to study the possibility of using a “disgorgement of profits” approach as a faster way to get the maximum repayment of stolen money/assets from instances of corporate financial crime in out-of-court settlements.
Intercountry Adoption in Malaysia and Morocco: A New Frontier A. Kadir, Nadhilah; Mohd, Azizah
Hasanuddin Law Review VOLUME 9 ISSUE 2, AUGUST 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i2.4607

Abstract

Intercountry adoption offers a family-based care option for children in need of care and protection. It allows them to find loving and permanent homes outside their birth country, providing them with stability, support, and a sense of belonging essential for their well-being. The Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption 1993 (Hague Convention 1993) serves as the primary international legal instrument governing intercountry adoption. Despite its importance, intercountry adoption remains relatively uncommon in Malaysia, as the country lacks specific statutory provisions and is not a signatory to the Hague Convention 1993. The purpose of this study is to examine the current state of intercountry adoption in Malaysia and Morocco and explore the viability of intercountry adoption as a child protection measure. The study involves interviews with relevant departments and an examination of Malaysia's current adoption laws. Additionally, the study analyses the international legal framework, including the Hague Convention 1993 and the United Nations Convention on the Rights of the Child 1989 (UNCRC) to provide a comprehensive understanding of the context surrounding intercountry adoption. Furthermore, this paper offers a comparative analysis of Morocco's intercountry kafalah system, which recognises kafalah as an alternative to legal adoption based on Islamic law. The findings of this study will offer valuable insights and recommendations for enhancing Malaysia's approach to intercountry adoption. By considering best practices and international standards, this research seeks to ensure the well-being and protection of children in need of care and protection, promoting their access to a stable and nurturing family environment.
Transfer of Land Ownership and Marginalization as Impact of Tourism Industry Sumarja, Fransiscus Xaverius; Sujadmiko, Bayu; Nguyen, Tien Dung; Rusmawati, Dianne Eka
Hasanuddin Law Review VOLUME 9 ISSUE 2, AUGUST 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i2.4593

Abstract

Tourism has emerged as one of the foremost industries experiencing rapid growth. Over the past few decades, the sector has witnessed continuous development in Indonesia, evident from the increasing number of foreign tourist arrivals. The rapid growth of tourism in various regions has undeniably yielded positive impacts on both investment and the overall economy. However, it has also given rise to a multitude of challenges that need to be addressed. One of the challenges pertains to the issue of land ownership, specifically concerning the acquisition of residents' lands surrounding tourist destinations by foreign individuals, which is strictly prohibited under Indonesian law. Therefore, a comparative analysis between Indonesia and Malaysia is needed to identify regulation problems to potentially increase cases of legal smuggling of foreign land ownership transfers. This study explains the practice of land ownership by foreigners in the Pesisir Barat District of Lampung, along with the associated problems analyzed through a socio-legal approach. The results show that tourism undeniably benefits the economic sector, and resulted in legal infringements concerning land ownership, leading to the marginalization and displacement of local communities. This study adopts a comparative law method, elucidating the respective provisions of both Indonesia and Malaysia, supplemented by a normative juridical approach to examine legal principles, regulations, and systematics through the examination of relevant library materials. Consequently, it is essential to enhance the regulations surrounding the transfer of land to foreigners, including Foreign Citizens and Foreign Legal Entities with representatives in Indonesia, emulating the stringent land tenure restrictions imposed by Malaysia on foreign nationals.

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