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Hasanuddin Law Review

halrev
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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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A Critical Appraisal of the Right of Inheritance of Children Born Out of Wedlock Ajanwachuku, Michael Akpa
Hasanuddin Law Review VOLUME 2 ISSUE 1, APRIL 2016
Publisher : Hasanuddin University

The phenomenon of the so-called bastard children has growth astronomically worldwide. In Nigeria, the rights of children born out of wedlock to inherit their biological fathers who died intestate was wholly dependent on the acknowledgement of paternity. This paper attempts to unravel the recent development in the law of inheritance in Nigeria with respect to children born out of wedlock. It concludes from the review of case laws in Nigeria that there is a significant progressive development of the law in Nigeria. Absent acknowledgement of paternity, children born out of wedlock may now inherit their biological fathers if they can provide other evidence of paternity, including the use of DNA technology.

Tudang Sipulung: A Conflict Resolution Wisdom of Bugis-Makassar Community Nuh, Muhammad Syarif
Hasanuddin Law Review VOLUME 2 ISSUE 2, AUGUST 2016
Publisher : Hasanuddin University

This article explores local wisdom âtudang sipulungâ (seated together), as conflict settlement medium of Bugis-Makassar Community of South Sulawesi, Indonesia.Tudang sipulung is one of the social institutions that owned the Bugis-Makassar South Sulawesi as a conflict resolution. Tudang sipulung was originally only known in the agricultural community in resolving conflicts related to agriculture, and developing relevant social disputes. Formally, this Tudang Sipulung accommodated by Police in South Sulawesi in the form of a forum called the Mabbulo Sibatang Communication Forum (FKMB) to resolve the conflict. FKMB essence is tudang sipulung between the government, the team of FKMB Police, religious leaders, community leaders, the parties to the dispute and sit together in solving the conflict. Some conflicts that have occurred and are resolved through conflict FKMB PTPN XIV Wajo regency with the community District Kera in Wajo regency, Conflict PTPN XIV Takalar with Gowa regency related to land use and conflict Execution University of AlâAsâyariah Mandar Polewali Mandar, West Sulawesi, Indonesia.

Good Faith in Life Insurance Contract by Indonesian Court Huda, Mokhamad Khoirul
Hasanuddin Law Review VOLUME 3 ISSUE 1, APRIL 2017
Publisher : Hasanuddin University

This paper reviews both the interpretation of good faith and its implementation by the Court in terms of life insurance contracts. The principle of good faith in life insurance contracts was under the provision of the Article 251 Wet Boek van Kophandel which assigned the obligation of good faith on the insured. Based on the context of its historical and systematical interpretation, the obligation of good faith should be on both sides, the insurer and the insured. The insured had an obligation to inform any material facts and the insurer had to investigate those all facts. Until recent days, however, judges in all levels of Court did not have any shared and full understanding on the interpretation of good faith in life insurance contracts. As the result, many Courts were frequently inconsistent with each other. Hence, the sense of fairness the people perceived from the court verdict was not achieved.

Understanding the Characteristics of Dispute Settlement in Sharia Economic System Hamid, M. Arfin
Hasanuddin Law Review VOLUME 3 ISSUE 2, AUGUST 2017
Publisher : Hasanuddin University

One of the most developed areas of Islamic law (sharia) today is âFiqh Muamalah Iqtishadiyyahâ or known as term âSharia Economics.â The outcomes of the research indicate that the characteristics of sharia dispute are important to be understood by sharia businessmen and law enforcers. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. The sharia economic disputes, whether through litigation or non-litigation is not a means to profit, but solely to resolve disputes in accordance with sharia principles. the settlement of sharia disputes is still not fully independent or free from conventional law that has been going during this in the religious courts. Responding this matter throughout the process of settlement is not contradictory to the principles of sharia can be accommodated while preparing sharia-based sharia dispute law

Preserving the Environment within the ASEAN Skies: Lessons from the European Union Emissions Trading Scheme Nugraha, Ridha Aditya
Hasanuddin Law Review VOLUME 4 ISSUE 1, APRIL 2018
Publisher : Hasanuddin University

The United Nations Framework Convention on Climate Change also known as the Kyoto Protocol has set up a framework to reduce carbon emission. The environmental issue is also being addressed at the international aviation sector through the International Civil Aviation Organizationâs resolutions. As an international organization sui generis, the European Union (EU) has decided to take up a further step with the enactment of the EU Emissions Trading Scheme. The latter has obliged both EU and non-EU airlines to comply with its ambitious goal controlling aviation emissions. However, the legal framework had triggered international objections from legal perspective due to infringement towards the Chicago Convention of 1944 and the international customary law principles. Considering of the nature of the Association of South East Asian Nations (ASEAN) as an international organization without a supranational law order; as well as recent developments in regards to legal framework on emissions, the future of ASEAN skies from an environmental perspective seems uncertain. However, if ASEAN Emissions Trading Scheme shall take place, they should learn from the EU Emissions Trading Scheme past mistakes and the International Civil Aviation Organization resolutions to prevent non-discrimination towards non-ASEAN member statesâ airlines from happening.

Penerapan Konsep Rechtsvinding dan Rechtsschepping oleh Hakim dalam Memutus Suatu Perkara Tumpa, Harifin A.
Hasanuddin Law Review VOLUME 1 ISSUE 2, AUGUST 2015
Publisher : Hasanuddin University

Hakim tidak boleh menolak untuk memeriksa dan memutus perkara yang diajukan padanya sekalipun dengan dalih hukumnya tidak jelas atau tidak ada. Hakim dituntut untuk dapat menggali nilai-nilai dan rasa keadilan yang tumbuh dan hidup dalam masyarakat. Konsep keadilan di sini bukanlah hasil dari intelektual manusia, melainkan dari jiwanya. Suatu keadilan tidak bisa muncul atau lahir dari suatu teori, sebab keadilan itu lahir alami dari hati nurani yang paling dalam dari seorang hakim yang juga manusia. Hati nurani yang murni dari seseorang tidak dapat datang tiba-tiba, melainkan ia lahir dari suatu proses dan latihan atau kebiasaan. Penemuan hukum (rechtsvinding) ataupun penciptaan hukum (rechtsschepping) haruslah dalam koridor untuk memberikan keadilan bagi pencari keadilan. Penerapan konsep rechtsvinding ataupun rechtsschepping hanya boleh dilakukan hakim apabila: Pertama, tidak ditemukannya aturan hukum yang relevan dalam perundang-undangan yang berlaku. Kedua, diatur dalam perundang-undangan tetapi tidak jelas maknanya atau mengandung pelbagai penafsiran. Ketiga, aturan yang ada di dalam perundang-undangan tidak lagi memenuhi rasa keadilan masa kini (out of date). Keempat, didasarkan pada suatu yurisprudensi atau pendapat ahli.

The Development of New Clinical Legal Education Courses at the Faculty of Law, Hasanuddin University, Makassar- Indonesia: Challenges and Prospects Maskun, Maskun
Hasanuddin Law Review VOLUME 1 ISSUE 3, DECEMBER 2015
Publisher : Hasanuddin University

Clinical subjects are a new model in Faculty of Law Hasanuddin Universityâs curriculum. It currently is implementing four legal clinics: (1) a civil law clinic; (2) a criminal law clinic; (3) an anti-corruption law clinic; and (4) an environmental law clinic. All of these clinics have been adopted in FH-UNHASâs curriculum. This paper will focus on those subjects as new clinics and the students as new clinicians. It also discusses many challenges we face in managing the clinics and ensuring that all clinic students are able to engage in quality programming while working with our partners (local civil society organizations [CSOs] and formal justice institutions, such as District Courts and Provincial Prosecutor Offices).

A Critical Analysis of Judicial Appointment Process and Tenure of Constitutional Justice in Indonesia Faiz, Pan Mohamad
Hasanuddin Law Review VOLUME 2 ISSUE 2, AUGUST 2016
Publisher : Hasanuddin University

The judicial appointment process is one of essential elements for maintaining judicial independence and public confidence of a court. This article analyses the practices of judicial appointment process exercised by three different main state institutions in selecting constitutional justice in Indonesia where the mechanism and process for selecting them have been implemented differently. It also examines the tenure of constitutional justice, which is a five-year term and can be renewed for one term only, that may lead to another problem concerning the reselection process of incumbent constitutional justices for their second term. The article concludes that the judicial appointment process and tenure of constitutional justice in Indonesia have to be improved. It suggests that if the proposing state institutions could not meet the principles of transparency, participation, objective and accountable required by the Constitutional Court Law, the judicial appointment process should be conducted by creating an independent Selection Committee or establishing a cooperation with the Judicial Commission. Additionally, the tenure of constitutional justices should also be revised for a unrenewable term with a longer period of nine or twelve years.

New Paradigm for Local Financial Management: A Review of Local Budgeting System Karianga, Hendra
Hasanuddin Law Review VOLUME 2 ISSUE 3, DECEMBER 2016
Publisher : Hasanuddin University

Fiscal decentralization gives authority to the head of region and regional parliament to manage the local budget. The outcomes of the research indicate that the Good Financial Governance principle has been subject to frequent study in its understanding as a new paradigm for local financial management. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. In fact, the local budget has become a vehicle for corruption by the state administration is in the center of power, local autonomy shift some corruptor from the center to the local. The issue is how to manage the local budget in order to minimize corruption. If the commitment of the management of local budget is based on new principles in the local financial management, it believed that the local budget is governed annually by the local government will lead to the peopleâs welfare in the region. Based on such view, the Good Financial Governance principles appears to be the ideal approach to be applied in managing the local budgeting system.

Rule of Law and Human Rights Challenges in South East Asia: A Case Study of Legal Pluralism in Indonesia Isra, Saldi; Ferdi, Ferdi; Tegnan, Hilaire
Hasanuddin Law Review VOLUME 3 ISSUE 2, AUGUST 2017
Publisher : Hasanuddin University

It has been over 72 years since Indonesia proclaimed her independence on 17 August 1945. However, the 350 years of the Dutch colonization is still impacting the lives of the Indonesian people. The difficulties faced by the Indonesian legal system as the government tries to accommodate adat (custom) and religion principles within the national law and the extent to which this legal mechanism affects the everyday life of the Indonesian people. In a nation where customs and religion are so preeminent, setting up an all-inclusive document meant to be the foundation of the stateâs legal system at the dawn of independence was no easy task. This paper discusses the practice of legal pluralism in Indonesia and its struggle to implement rule of law and human rights principles after a half-century of authoritarian regimes. The study involves socio-legal research drawing on empirical data. Survey research was conducted between September 2014 and February 2015 at Utrecht University, the Netherlands, as well as in 5 cities in Indonesia (Aceh, Bali, Batam, Medan, and Padang) to collect data. The research reveals that legal pluralism is not helping to strengthen the Indonesian legal system, and that the foreignness of the Western law along with the neglect of the Indonesian customary and Islamic laws, totalitarianism and military involvement in politics, corruption within the state apparatus and unsynchronized laws weaken the legal system in Indonesia and hinder its effort to implement rule of law and human rights principles.

Page 3 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