Hasanuddin Law Review
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
Articles
293 Documents
<![CDATA[Abuse of Dominant Market Position by Predatory Pricing; The Valio Case ]]>
<![CDATA[Puisto, Aarne]]>;
<![CDATA[Alavi, Hamed]]>
<![CDATA[ Hasanuddin Law Review VOLUME 2 ISSUE 1, APRIL 2016 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (575.113 KB)
|
DOI: 10.20956/halrev.v1i1.212
<![CDATA[This article analyses the competition law related to abuse of a dominant market position using strategy of predatory pricing by undertakings in the European Union and, compares the same situation to the United States’ predatory pricing law. The purpose of this article is to survey predatory pricing as a phenomenon both within and outside the EU. Article is largely centered on the case of Valio, which is still awaiting final judgment from the Supreme Administrative Court of Finland. This case was chosen as it is extremely topical and has several unique features. The findings proved that undertakings who achieved their dominant position before the recession have significant advantage over smaller undertakings. However, they cannot necessarily afford to act on the same basis for long, which is why a model closer to that of the United States would be of benefit to control some behaviors of these undertakings. Bearing in mind that the Valio case is examined under EU law, it will be interesting to see if its judgement will be remembered as the ‘milk fallacy’ or if it will change the face of the case law as it currently stands.]]>
<![CDATA[Legal Policy of Water Resources Management by Local Governments: A Review of Right to Water in Indonesia ]]>
<![CDATA[Astriani, Nadia]]>
<![CDATA[ Hasanuddin Law Review VOLUME 2 ISSUE 2, AUGUST 2016 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (392.289 KB)
|
DOI: 10.20956/halrev.v1i2.309
<![CDATA[This study is based by the cancellation of Act No. 7 of 2004 on Water Resources by the Indonesian Constitutional Court. Over the past 10 years, the law is the basis for the water resources management in Indonesia. The cancellation of the law would provide great impact for water resources management policy, especially with regard to the provision of right to water. Hence, this study aimed to determine the legal status of Right to Water provided by the local government after the cancellation of Act No. 7 of 2014 on Water Resources. The object of this normative study includes legal principles and systematic. This is due to the focus of this study is the meaning of the right principle to ruled state in the context of realizing the peoples’ prosperity and the position of Water Resources Act as the basis for the issuance of Government Regulation and Right to Water. The results of study indicate that in order to provide legal certainty for permit holder for Right to Use Water and Right to Commercialize Water, the ministry has issued various ministerial regulations, although the nature of these regulations only fills a legal vacuum. In the case of permit to Use of Water Resources, all permits for use of water resources that use surface water issued before the decision of Constitutional Court No. 85/PUU-XI/2013 are still valid. To permit referred to it, evaluation is conducted based on 6 (six) the principles of water resources management. Request new permit are in the process or for renewal of permit to use water resources that use surface water, processed as 6 (six) principles of water resources management. Although, in order to ensure legal certainty, the government should immediately issues the Act in Lieu of Water Resources Management which will be the basis for water resources management in Indonesia.]]>
<![CDATA[Arbitration Award of ICSID on the Investment Disputes of Churchill Mining PLC v. Republic of Indonesia ]]>
<![CDATA[Gunawan, Yordan]]>
<![CDATA[ Hasanuddin Law Review VOLUME 3 ISSUE 1, APRIL 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (558.417 KB)
|
DOI: 10.20956/halrev.v3i1.948
<![CDATA[The research is aimed at analyzing the ICSID (International Centre Settlement Investment Dispute) decision in solving a dispute between Churchill Mining PLC and the Government of the Republic of Indonesia. The case brought to the public attention, because mining license owned by PT. Ridlatama which acquired from Churchill Mining PLC had been revocated. Churchill Mining PLC holds 75% share of PT. Ridlatama and it suffered losses caused by the revocation of its mining license. Churchill Mining PLC filed the case to the local court but it failed. Churchill Mining PLC then sought ruling from International arbitration or ICSID. On December 6, 2016, ICSID issued a decision that clearly threw out Churchill Mining PLC claim. ICSID, the World Bank court, ordered the firm to pay a total of US$.9.446.528 in cost to the Government of the Republic of Indonesia. It is based on the evidences that the UK-Australia company did the fraud and had document forgery of coal mining permit in East Kutai, Indonesia. So the firm has violated the Bilateral Investment Treaties between Indonesia-UK and Indonesia-Australia.]]>
<![CDATA[A New Treaty for Fully Autonomous Weapons: A Need or a Want? ]]>
<![CDATA[Maskun, Maskun]]>;
<![CDATA[Ramli, Rafika Nurul Hamdani]]>
<![CDATA[ Hasanuddin Law Review VOLUME 4 ISSUE 1, APRIL 2018 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (493.489 KB)
|
DOI: 10.20956/halrev.v4i1.1300
<![CDATA[Autonomous Weapon System (AWS) is still discussed and is considered to the principle of International Humanitarian Law (IHL) particular the principle of distinction and proportionality. In line with moral and ethical issues, some experts and global citizens agree that AWS will likely to distract moral and ethical on a battlefield and are never able to replace human’s feeling. Human beings are responsible over AWS because there is no such a fully autonomous weapons exist. It is always a human commander behind the actions. To bridge the situation on discussion of AWS, a new treaty should be created in order to anticipate further violation.]]>
<![CDATA[ASEAN Single Market: Revisiting Rules and Strategies on the Enforcement of Free Flow of Goods in ASEAN ]]>
<![CDATA[Anwar, Riyad Febrian]]>
<![CDATA[ Hasanuddin Law Review VOLUME 1 ISSUE 2, AUGUST 2015 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (824.694 KB)
|
DOI: 10.20956/halrev.v1i2.86
<![CDATA[Whether we are ready or not, people in Indonesia and the rest of Southeastern Asia will soon welcome the ASEAN Economic Communities (AEC) by the end 2015. Therefore, there are needs to evaluate the progress in ASEAN rules and strategies thus far. By employing normative study, this paper finds and further recommends the following: Firstly, ASEAN almost reached its peak points in eliminating the tariff barriers, yet to come are the elimination on ‘sensitive’ and ‘highly sensitive list’ tariffs on imported agriculture commodities; Secondly, Non-Tariff Barriers (NTB) remain to be one of the major problems in intra-ASEAN trades; Thirdly, Member States reluctances to invoke the ASEAN dispute settlement mechanism for their trading disputes may potentially hinder the effectiveness of AEC in the future; and Finally, the protection of intellectual property remains low in the region as the ASEAN Intellectual Property Rights (IPR) Action plan 2011-2015 is still deemed ineffective to reforms the IP regulations within Member States.]]>
<![CDATA[Urgensi Kejaksaan Diatur oleh Konstitusi ]]>
<![CDATA[Patra, Rommy]]>
<![CDATA[ Hasanuddin Law Review VOLUME 1 ISSUE 3, DECEMBER 2015 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (878.294 KB)
|
DOI: 10.20956/halrev.v1i3.118
<![CDATA[Eksistensi kejaksaan dalam struktur ketatanegaraan Indonesia memiliki posisi yang dilematis selama ini. Di satu sisi, kejaksaan adalah lembaga penegak hukum yang menjalankan kekuasaan penuntutan secara independen, sedangkan di sisi lain adalah bagian dari lembaga pemerintahan berdasarkan Undang-Undang Nomor Nomor 16 Tahun 2004 tentang Kejaksaan Republik Indonesia. Kedudukan kejaksaan sebagai lembaga pemerintahan selama ini dirasakan menyebabkan independensi kejaksaan tidak optimal sehingga muncul stigma bahwa kejaksaan hanyalah sebagai alat kekuasaan dari yang memerintah. Selain itu, ditinjau dari segi pengaturan yang hanya berdasarkan undang-undang, kejaksaan tidak mempunyai legal standing sebagai organ konstitusi yang mempunyai kewenangan konstitusional sehingga kedudukannya saat ini tidak merefleksikan urgensitas tugas dan fungsi yang dimilikinya. Dalam upaya menata institusi kejaksaan ke depan sebaiknya diatur langsung oleh konstitusi. Hal ini dimaksudkan untuk menjadikan kejaksaan sebagai bagian dari main state organ yang mempunyai legal standing sama seperti lembaga penegak hukum lainya, yaitu Kepolisian dan Pengadilan (Mahkamah Agung dan Mahkamah Konstitusi). Selain itu, untuk memerkuat dan memerjelas kedudukan sebagai lembaga negara, memusatkan kewenangan penuntutan berada di kejaksaan sebagai central of authority, membenahi hubungan kelembagaan antar sesama penegak hukum maupun lembaga terkait dan memperkuat independensi kejaksaan dalam menjalankan fungsi penuntutan dalam struktur ketatanegaraan Indonesia.]]>
<![CDATA[Rule-based Dispute Settlement Mechanism for ASEAN Economic Community: Does ASEAN Have It? ]]>
<![CDATA[Koesrianti, Koesrianti]]>
<![CDATA[ Hasanuddin Law Review VOLUME 2 ISSUE 2, AUGUST 2016 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (497.434 KB)
|
DOI: 10.20956/halrev.v1i2.303
<![CDATA[ASEAN Charter 2007 as ‘constitution’ of ASEAN aims to establish ASEAN Community (AC) in 2015 that ASEAN constitutes as a rule-based organization. ASEAN Community consists of three pillars, namely, ASEAN Political Security Community (APSC), ASEAN Economic Community (AEC), and ASEAN Socio Cultural Community (ASCC). AEC will posses as the lead for the Communities. The objective of AEC is to form a single market and production base with some priority sectors. Accordingly, many economic regional organizations provide Dispute Settlement Mechanism (DSM) to resolve disputes that may arise among the member countries. The dispute mechanism aims to provide predictability and security in international trade by providing strict time-frames, and was designed to be mutually agreed by the disputing members, flexible and binding. ASEAN trade DSM is designed as a legalistic mechanism. This paper examines DSM in ASEAN, especially economic disputes in the context of international trade law. In doing so, this paper analyzes DSM provided in the ASEAN Charter by comparing to DSM in the WTO context.]]>
<![CDATA[Reconstruction of Strengthening the Right to Sustainable Groundwater (Assessing Model Policy in Bandar Lampung City) ]]>
<![CDATA[Pane, Erina]]>
<![CDATA[ Hasanuddin Law Review VOLUME 2 ISSUE 3, DECEMBER 2016 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (518.612 KB)
|
DOI: 10.20956/halrev.v2i3.701
<![CDATA[Implementation of sustainable development related to the management of groundwater resources in the area can be realized with the establishment of a policy which is inseparable from the values prevailing in the society. The formation of ground water resources management policies is not only technically partial, but must also be comprehensive-holistic. Groundwater management activities include the conservation and utilization of groundwater organized to realize the sustainability and continuity of availability of groundwater and its sustainable benefit. Water resources policy in the form of government intervention should be able to improve the efficient use of water resources in an optimal and sustainable and should provide reinforcement right to water for the community. Weight of policy should be placed in a fair way, where the public interest, private interest and the government’s interest is positioned in a balanced condition, but with the requirement that the parties are jointly responsible for creating actions in environmental improvements.]]>
<![CDATA[Assessing the Impact of the Brent Spar Incident on the Decommissioning Regime in the North East Atlantic ]]>
<![CDATA[Ole, Ngozi]]>;
<![CDATA[Faga, Hemen Philip]]>
<![CDATA[ Hasanuddin Law Review VOLUME 3 ISSUE 2, AUGUST 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (498.924 KB)
|
DOI: 10.20956/halrev.v3i2.1075
<![CDATA[The advent of deep-water oil exploration has increased concern for the impact of oil activities on marine environment, especially regarding disused or decommissioned facilities offshore. Before the Brent Spar incident, which galvanised international efforts to protect the environment, international and regional legal instruments on decommissioning of offshore oil installations was weak and ineffective in protecting the environment from the effect of disused facilities. This paper examined the efforts made by international and regional actors to remedy the lapses of the pre-Brent Spar legal instruments on decommissioning of offshore oil facilities, especially regarding the new provisions on environmental protection. The paper concluded that the supplementary legal instruments made post-Brent Spar have not radically transformed the legal regime on decommissioning of offshore oil facilities because contracting states still reserve the discretion to permit abandonment of disused facilities.]]>
<![CDATA[What Constitutes as Limitation of (Human) Rights in Indonesian Legal Context? ]]>
<![CDATA[Jayadi, Anbar]]>
<![CDATA[ Hasanuddin Law Review VOLUME 3 ISSUE 3, DECEMBER 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (316.359 KB)
|
DOI: 10.20956/halrev.v3i3.1203
<![CDATA[This article reviews the interpretation of the Constitutional Court (the Court) on the Article 28J paragraph (2) of the 1945 Constitution by looking into the rulings related to the Information and Electronic Transaction Law. These rulings are chosen because, in those rulings, tensions between individual and public interest are apparent. For example, the tension between the right to privacy and freedom of expression, and the tensions between freedom of expression and public order. The rulings that will be studied in this writing are Ruling No. 50/PUU-VI/2008, Ruling No. 2/PUU-VII/2009, Ruling No. 5/PUU-VIII/2010, Ruling No. 52/PUU-XI/2013, and Ruling No. 20/PUU-XIV/2016. In studying those rulings, this article use a legal method namely the interpretation of arguments, e.g. what are the arguments provided by the claimants in the case in relation to the Article 28J paragraph (2) of the 1945 Constitution and how does the Court responds to such arguments. Additionally, this writing will also compare the rulings to each other to portray the “variety†of interpretation by the Court over the time. Furthermore, this article will compare the Article 28J paragraph (2) of the 1945 Constitution and the Court’s interpretation of it to other standards of limitation in other human rights instruments such as European Convention on Human Rights (ECHR) and International Covenant on Civil and Political Rights (ICCPR) in order to depict what are the distinctive features of limitation of rights in Indonesian regime in comparison to other regimes. Last but not least, this article analyze what are the lesson learned from studying the Court’s interpretation and the possible consequence of such interpretation to the human rights protection in Indonesia.]]>
