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Hasanuddin Law Review
Published by Universitas Hasanuddin
ISSN : 24429880     EISSN : 24429899     DOI : -
Core Subject : Social,
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
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Articles 152 Documents
DIGITAL ASSETS: THE IDEA OF INDONESIAN PROPERTY LAW REFORM AND ITS POTENTIAL AS A COLLATERAL OBJECT Asmara, Teguh Tresna Puja; Abubakar, Lastuti; Handayani, Tri
Hasanuddin Law Review VOLUME 5 ISSUE 3, DECEMBER 2019
Publisher : Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (540.674 KB) | DOI: 10.20956/halrev.v5i3.1735

Abstract

Digital assets in the broadest sense can be interpreted to cover all electronic assets including social media accounts. Nowadays, besides being used to interaction, social media accounts can also be utilized to gain income or material benefits. In addition, social media accounts are generally handled by influencers with abundant followers. One of the social media used by influencers on the internet is YouTube. The social media actors on YouTube are referred to as YouTubers or content creators. This research is a normative juridical legal research with the descriptive method of analysis. The result of the study shows that YouTube accounts as digital assets in practice can be used as assets in business activities. This is proven by the existence of a YouTuber or content creator who sells his account for charity or commercial purposes. In the future, YouTube accounts can potentially be a digital asset that can be used as a collateral object due to its economic value. Nevertheless, based on the property of law in Indonesia, YouTube social media accounts as a digital asset cannot be qualified as an asset yet, therefore a redefinition, a reconceptualization and a reform of the property of law are considered necessary.
ARBITRATION: UNDERSTANDING IT IN THEORY AND INDONESIAN PRACTICE Maskun, Maskun; Achmad, Achmad; Naswar, Naswar; Bakti, Fauziah P.; Amaliyah, Amaliyah
Hasanuddin Law Review VOLUME 5 ISSUE 2, AUGUST 2019
Publisher : Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (535.058 KB) | DOI: 10.20956/halrev.v5i2.1945

Abstract

Cross-border transactions have always attracted legal risks. Cross-border legal issues are emerging as a separate area of commercial risk that needs to be more precisely identified and better managed. Many cases of injury to multinational companies which would formerly have been pursued as a diplomatic claim by the nation state of the company are now resolved by arbitration between the company and the respondent state. Arbitration is one of dispute settlement bodies to resolve some issues particular trade, business, investment, and financial issues. Those issues are shaping the range and significance of the cross-border legal issue. Those issues also become a crucial issue to be dealt with the arbitral institution. The reason why the parties of contract choose arbitration is because of the place of arbitration, neutrality, confidentiality, cost and speed, recognition and enforcement of arbitral awards, refusing of arbitral awards, a model of arbitration, and arbitration institution. Those reasons are assumed also to be enacted in Indonesian arbitration practice and in the Islamic law.
TRENDS IN THE REGULATION OF HATE SPEECH AND FAKE NEWS: A THREAT TO FREE SPEECH? Santuraki, Suleiman Usman
Hasanuddin Law Review VOLUME 5 ISSUE 2, AUGUST 2019
Publisher : Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (588.558 KB) | DOI: 10.20956/halrev.v5i2.1625

Abstract

The Information and Communication Technology (ICT) revolution heralding the emergence and dominance of social media has always been viewed as a turning point in free speech and communication. Indeed, the social media ordinarily represents the freedom of all people to speech and information. But then, there is also the side of the social media that has been often ignored; that it serves as platform for all and sundry to express themselves with little, if any regulation or legal consequences. This as a result has led to global explosion of hate speech and fake news. Hate speech normally lead to tension and holds in it, the potential for national or even international crisis of untold proportions. It also has the likelihood to scare people away from expressing themselves for fear of hate-filled responses and becoming a source of fake news. Using doctrinal as well as comparative methodologies, this paper appraises the trend between states of passing laws or proposing laws to regulate hate speech and fake news; it also appraises the contents of such laws from different countries with the aim of identifying how they may be used to suppress free speech under the guise of regulating hate speech and fake news. It argues that the alarming trend of hate speech and fake news presented an opportunity for leaders across the globe to curb free speech. The paper concludes that the advancement in ICT helped in a great deal to advance free speech; it may as well, because of the spread of hate speech and fake news, lead to a reverse of that success story.
GOVERNMENT POLICIES FOR FOOD SOVEREIGNTY: DISJUNCTION BETWEEN IDEALITY AND REALITY Patonangi, Fitrinela; Ilmar, Aminuddin; Irwansyah, Irwansyah; Sakharina, Iin Karita
Hasanuddin Law Review VOLUME 4 ISSUE 3, DECEMBER 2018
Publisher : Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (438.987 KB) | DOI: 10.20956/halrev.v4i3.2189

Abstract

The conceptualizes food security and food sovereignty as fluid and changing discourses that define the problem of hunger. The discursive geohistories of food security and food sovereignty in order to identify oppositions and relationalities between them. I argue that the interpretations of, and relations between, food security and food sovereignty vary by geography and scale, as well as by the conceptual and theoretical differences within the discourses themselves. When and where these discourses develop and emerge is central to understanding their oppositions and convergences. How scale is constructed within particular discourses is also important to understanding how they co-exist relationally or in opposition. Food security and food sovereignty discourses are tied to distinctive political and economic histories, ecologies, and identities at the national and local levels. They are differentially deployed depending upon geographic context and the political economy of development and underdevelopment. Both discourses are dynamic and changing in relation to the wider political and cultural economies of food system dynamics across scale. Uniform definitions of each term should be resisted. The point is to understand the geographies of their relational overlap and their continual difference.
CONCEPT AND POSITION OF PEREMPTORY NORMS (JUS COGENS) IN INTERNATIONAL LAW: A PRELIMINARY STUDY Handayani, Irawati
Hasanuddin Law Review VOLUME 5 ISSUE 2, AUGUST 2019
Publisher : Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (593.736 KB) | DOI: 10.20956/halrev.v5i2.1709

Abstract

Peremptory norms or jus cogens hold a unique position in international law. Unlike customary international law and treaty law, they abide no derivation and bind all states regardless of their willingness to be bound. Some scholars had elaborated fundamental theories to answer the theoretical background of jus cogens. However, they have never reached a satisfactory result. This study aims to elaborate the theoretical background of jus cogens and to observe the relationship between jus cogens, obligation erga omnes, and customary international law. The positivists recognize that jus cogens is an imperative norm within state practice and opinio juris. The positivist theory is not in line with the concept that jus cogens bound to states without their consent since every state has their sovereignty and cannot be bound by any kind of provision without consent. The proponents of the natural law theory stated that peremptory norms are inherited from the tradition of natural law so that it is the highest norm in international law that directly binds countries. On the other hand, the public order theory states that international law recognizes important (imperative) norms, which are hierarchically higher than ordinary norms and customary international law to advance the interests of the international community and to preserve the main values of international law. The three theories are considered insufficient to answer the philosophical basis of jus cogens. In its development, therefore, some new theories have been developed to challenge the basis of jus cogens.
THE ROLE OF INDONESIAN CONSTITUTIONAL COURT IN RESOLVING DISPUTES AMONG THE STATE ORGANS Satriawan, Iwan; Mokhtar, Khairil Azmin
Hasanuddin Law Review VOLUME 5 ISSUE 2, AUGUST 2019
Publisher : Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (587.191 KB) | DOI: 10.20956/halrev.v5i2.1669

Abstract

The paper attempts to assess the role of the Constitutional Court of Indonesia in the process of consolidating democracy in the country. Examinations are made on the court?s decisions regarding dispute concerning jurisdiction among state organs. This paper argues that the Constitutional Court has not made a significant impact on the promotion of democracy. It is believed that the failure of the Court to consolidate democracy through its decisions regarding dispute concerning jurisdiction among state organs could be attributed to two main reasons. The first is due to the unclear concept of subjectum litis of the petitioners to have legal standing in the Constitutional Court, and the second is the lack of understanding of the subject matter jurisdiction of the Court. Due to uncertainties only, small numbers cases registered and heard by the Constitutional Court. Furthermore, most of the cases registered in the Court either been rejected or not been accepted by the judges. Despite the misgivings, the Court is still relevant and have certain contributions towards democracy. It has to a certain extent that enhances the working of checks and balances mechanisms among state organs. It is believed that the court could be more reliable and enhance its function in promoting democracy in the country by defining clearly classification of the subjectum litis as well as the objectum litis of the dispute that it may hear.
THE CONSTITUTIONAL INTERPRETATION ON THE NATURAL RESOURCE: ORIGINALIST VS NON-ORIGINALIST INTERPRETATION Hamzah, Herdiansyah
Hasanuddin Law Review VOLUME 5 ISSUE 3, DECEMBER 2019
Publisher : Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (549.328 KB) | DOI: 10.20956/halrev.v5i3.2022

Abstract

Judges served in constitutional court have freedom to utilize and elaborate constitutional interpretation method used to examine the law of the Constitution of the Republic of Indonesia year 1945 in accordance to their own understanding. Not only that the constitutional interpretation was not regulated in positive law, judges also have independency in making new law discovery (rechtsvinding). Therefore, the interpretation method used by judges in the constitution court is basically determined by each case displayed at the moment. It means that the future of constitutional interpretation regulated by the judges in constitutional court is depending on the lawsuit reported in judicial review. On the other hand, constitutional interpretation on natural resource has to be based on original (originalist) interpretation rooted by original intent or text stated in the constitution of the republic of Indonesia year 1945, along with document of disagreement on its formulation (memorie van toelichting). Original interpretation is aimed at avoiding the shift at the origin of substantial intention of natural resources management.  Nevertheless, non originalis interpretation will remain usable, but it is limited only for technical level, so that natural resources management will stay updated while keeping the basic foundation of natural resources management as firmly stated in constitution. 
FAKE NEWS AS A DEMOCRATIC ANATHEMA: A COMPARATIVE STUDY BETWEEN INDIA AND INDONESIA Sharma, Ishita; Aggarwal, Mansi
Hasanuddin Law Review VOLUME 5 ISSUE 3, DECEMBER 2019
Publisher : Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (532.302 KB) | DOI: 10.20956/halrev.v5i3.2033

Abstract

The undeniably mind boggling media landscape has tossed fresh difficulties to an unsettled environment of media policy and that is why the market is denuded with fake news: scattered through social media intermediaries. Absence of effective laws for the same, have worsened the situation in recent past. Through this paper the researchers have tried to inspect how the propagation of fake news has upset the public sphere and potential arrangements that can be executed to check the plague of fake news in context of India and Indonesia, the prime democracies. There is boisterous discussion on fake news being utilized to create a rosy impression of the politicians in the minds of citizens. Therefore, the researcher shall also cover this aspect by analyzing how fake news has affected elections and how it was used as a tool of mass deception respectively. Finally, it attempts to analyze various strategic initiatives taken by both the nations, and the potential measures which could be adopted to limit the progression of fake news.
PERSONS WITH INTELLECTUAL DISABILITY AND ACCESS TO JUSTICE IN NIGERIA: CHALLENGES AND THE WAY FORWARD Arimoro, Augustine Edobor
Hasanuddin Law Review VOLUME 5 ISSUE 2, AUGUST 2019
Publisher : Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (599.097 KB) | DOI: 10.20956/halrev.v5i2.1561

Abstract

Conservatively, there are approximately about two million persons in Nigeria who may be referred to as persons with intellectual disabilities. These persons suffer from several challenges ranging from economic to non-inclusion in the society. In the paper, the discussion focuses on persons with intellectual disabilities and the effective access to justice as a fundamental right. The paper finds that even though Nigeria has adopted and ratified the United Nations Convention on the Rights of Persons with Disabilities, the Federal Government of Nigeria has not been proactive in supporting the persons with disabilities in the country to enjoy these rights. Furthermore, despite the provision in the 1999 Constitution of the Federal Republic of Nigeria to ensure freedom from discrimination, there is no direct effect on procedure to ensure that the rights of the disabled persons are protected. The paper proposes for a framework for the protection of the person with intellectual disability which includes legal protection, legal awareness, legal aid, adjudication and for civil society oversight of the access of persons with intellectual disabilities to justice.
LEGAL PROTECTION FOR DOMESTIC WORKERS: THE EXPERIENCE OF INDONESIA Pati, Sakka
Hasanuddin Law Review VOLUME 5 ISSUE 3, DECEMBER 2019
Publisher : Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (519.809 KB) | DOI: 10.20956/halrev.v5i3.2218

Abstract

Given its social and economic invisibility and the accompanying low social status, domestic work is often exploitative. This research was aimed to find out and formulate the substance of legal protection for domestic workers in legislation in the field of labor in terms of the perspective of justice. It uses a statute, case, and socio-legal approaches. It was conducted in 3 (three) major cities, namely Jakarta, Yogyakarta and Makassar. The results of research showed that the substance of legal provisions in general for the protection of domestic workers, especially in labor legislation basically has not been able to guarantee justice and legal certainty because the responsibility of State has not been implemented in the existing legal substance. The paradigm of harmonization and the principles of legal agreements in the field of labor have not guaranteed justice and legal certainty for domestic workers. It is evidenced by the view of the profession of domestic workers who are positioned as informal workers, in addition they are not being accommodated as an element protected by law, it is also related to the protection of basic rights and labor social security does not cover the existence of domestic workers.

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