Digital Commons Network^™

Contemporary Fanfiction As Decoupled Participatory Sensemaking, Mingxi Xu, Christian Kronsted

Contemporary Aesthetics (Journal Archive)

Within the last fifteen years, a new form of community-driven literary practice has developed on the internet, namely fanfiction. Fanfiction is unlicensed community-authored writing about established intellectual property, made for fans by fans. In this paper, we provide an overview of contemporary fanfiction circulated on the most popular fanfiction platforms (Wattpad and Archive of Our Own). We also bring in recent cognitive science studies on creativity and art, where there is an emerging consensus that creativity is not a product of an individual mind that imposes its intentions onto a static object. Instead, creative processes tend to be co-emergent between …

The Arrangement Of Investment Policy For The Protection Of Indigenous People’S Rights, Filep Wamafma, Andi Pangerang Moenta, Farida Patittingi, Achmad Ruslan

Hasanuddin Law Review

The investment law policies have a positive influence on the interests and welfare of all Indonesian people. However, many legal problems arise due to overlapping regulations both at the central and regional government levels, and also in term of the implementation of decentralization. The results show that the arrangement of investment policy in West Papua against the recognition and respect for Papua indigenous people's rights are still limited to universal policies. Nationally, the policy has not clearly revealed how the form of recognition and respect for the rights of indigenous peoples and/or Papuan indigenous peoples rights related to the presence …

Chinese Foreign Trade Policy Within Gatt-Wto: Parallel Or Shadow Institutionality?, Carlos Hernán González-Parias¡N, Jose Jaime Baena-Rojas, Juan Camilo Mesa-Bedoya

Hasanuddin Law Review

The discussion of China's rise as a global economic and political power in recent decades has been fueling various theoretical discussions based on the evolution of its foreign trade policy. Hence, empirical research method is proposed in the field of international law involving the study of institutions, norms and procedures based on academic evidence. In this sense, this article analyzes the underlying reasons why this country, despite its late insertion into the Multilateral Trading System, has a relevant influence in the present. In fact, this influence from China has generated a scenario of regionalism both in the Asia-Pacific and with …

Regulatory Challenges In Wastewater Management And Its Impacts On Environmental Sustainability, Maskun Maskun, Hanim Kamaruddin, Rasyikah Md Khalid, Muhammad Anugerah, Wiranti Wiranti, Siti Nurhaliza Bachril

Hasanuddin Law Review

Before the enactment of the Job Creation Law, liquid waste disposal was governed by a specific permit system. However, with the introduction of the Job Creation Law, this system transitioned to requiring businesses to obtain technical approvals to comply with wastewater quality standards. Challenges have emerged, particularly improper practices that fail to align with ethical environmental principles. This research critically examines Indonesia's legislative framework for liquid waste management, focusing on its implementation and impact under the Job Creation Law, with a specific emphasis on environmental sustainability. A significant finding highlights persistent issues in managing household and laundry wastewater, which remain …

Legal Policy Of Legislation In The Field Of Natural Resources In Indonesia, Herdiansyah Hamzah

Hasanuddin Law Review

Given the urgency for the peoples’ interests, legislation in the field of natural resources should be treated more compared to other fields. The urgency of arrangement in the field of natural resources is not only the right of every citizen to gain access to natural resources that we have, but also provide a guarantee that Indonesia’ natural resources can still be maintained and sustained to future generations. Unfortunately, the legal policy of natural resources tends to move towards free market competition, which is on one side open domination space for both private and foreign sectors, and on the other side …

Undang-Undang Sebagai Sarana Pembaharuan Bagi Masyarakat (Telaah Sosiologis Keberlakuan Undang-Undang Nomor 6 Tahun 2014 Tentang Desa), I Gusti Bagus Suryawan

Hasanuddin Law Review

Undang-Undang Nomor 6 Tahun 2014 tentang Desa menegaskan, setiap desa di seluruh Indonesia mendapat alokasi dana dari Anggaran Pendapatan dan Belanja Negara. Dana tersebut digunakan untuk pembangunan yang berbasis desa. Total dana yang dialokasikan tersebut mencapai 10% dari dana perimbangan yang diterima Kabupaten/ Kota dalam Anggaran Pendapatan dan Belanja Daerah setelah dikurangi Dana Alokasi Khusus. Secara teoritis penelitian ini bertujuan untuk mengetahui peranan Undang- Undang Desa sebagai sarana pembaharuan masyarakat. Mochtar Kusumaatmadja melihat perubahan sikap terhadap perundang-undangan yang menampakkan keseimbangan antara keinginan untuk mengadakan pembaharuan hukum melalui perundang-undangan dan kesadaran diperhatikannya pula nilai-nilai dan kenyataan yang hidup dalam masyarakat. Undang-Undang …

Overlapping Authority On The Cancellation Of Local Regulation (An Erroneous Logic Of Local Autonomy), Retno Mawarini Sukmariningsih

Hasanuddin Law Review

This research is based on the phenomenon of weak supervision on local law products. As a result, the province of Central Java became the region with the largest cancellation of local regulation in Indonesia, which is as many 90-local regulations cancelled. The cancellation of local regulation implicates the obstacles in the implementation of development and district and municipal programs in Central Java - Indonesia. The purpose of this research was to analyze the authority of the region in order to avoid overlapping authority on the cancellation of local regulation by the Governor as the representative of the Central Government. The …

Exploring Perceived Barriers To Palliative And End Of Life Care Provision In South-West England: Bringing Together The Perspectives Of Professionals, Patients, And Families, Gary Hodge, Gina Kallis, Tomasina Oh, Hannah Wheat, Susie Pearce

School of Nursing and Midwifery

INTRODUCTION: Palliative and End of Life care (PEoLC) in the United Kingdom (UK) is increasingly being reported as inadequate. This is occurring amidst a wider backdrop of health and social care systems facing unprecedented pressure, particularly as they recover from the long-term impact of the COVID-19 pandemic. This study aimed to explore the barriers to PEoLC faced by those providing and receiving care in South-West England (UK). This region of the UK brings its own set of unique challenges due to its rural and coastal location, an aging population, and a historical lack of research.

METHODS: An exploratory study was …

The Problematic Of Small-Scale Land Acquisition (Less Than 5 Hectares) For Public Interest Development, Donna Okhtalia Setiabudhi

Hasanuddin Law Review

Land acquisition for public interest development is stipulated in Act No. 2 of 2012 concerning Land Acquisition for Development of Public Interest. One arrangement of land acquisition in legal substances that have been formed are small-scale land acquisition (less than 5 hectares), but it is still governed by very vague and thus susceptible to the multi-interpretation and raises doubts in its implementation. This paper discusses the problematic that arise due to unclear regulations concerning small-scale land acquisition and to provide solutions to these problems. Based on the discussion the authors concluded first, the problematic of small-scale land acquisition is the …

Putusan Hakim Yang Progresif Dalam Perkara Perdata (Telaah €Œkasus Pohon Mangga”), Suwito Suwito

Hasanuddin Law Review

Gagasan hukum progresif merupakan konsep berhukum dengan cara menempatkan hukum sebagai instrumen dalam pencapaian tujuan-tujuan sosialnya. Gagasan ini pula menekankan adanya penemuan hukum di setiap putusan hakim sebagai upaya untuk menggali nilai-nilai yang hidup dalam masyarakat. Pemikiran hukum progresif ini telah teraplikasi pada beberapa putusan hakim di Indonesia. Salah satunya adalah pada perkara keperdataan yang dikenal dengan sebutan kasus “Pohon Mangga” yang terjadi di wilayah hukum Pengadilan Negeri Jayapura. Tujuan pada penelitian ini dimaksudkan untuk mengkaji secara yuridis normatif salah satu putusan pengadilan dalam perkara perdata yang berbasis hukum progresif. Metode penelitian yang digunakan ialah metode pendekatan normatif dengan putusan …

Korelasi Putusan Hakim Tingkat Pertama, Tingkat Banding, Dan Tingkat Kasasi (Suatu Studi Tentang Aliran Pemikiran Hukum), Mustafa Bola, Romi Librayanto, Muhammad Ilham Arisaputra

Hasanuddin Law Review

Hakim dalam mengambil putusan dibebankan kewajiban oleh undang-undang untuk memuat pasal tertentu dari peraturan perundang-undangan yang bersangkutan sebagai dasar untuk mengadili. Paradigma hukum yang berkembang menunjukkan adanya harapan agar pengadilan, khususnya hakim, tidak hanya mampu memberikan keadilan prosedural semata berdasarkan teks perundang-undangan, akan tetapi lebih utama adalah keadilan substantif. Keadilan substantif bukan berarti hakim harus selalu mengabaikan bunyi undang-undang, melainkan dengan keadilan substantif berarti hakim bisa mengabaikan undang-undang yang tidak memberi rasa keadilan, tetapi tetap berpedoman pada formal undang-undang yang sudah memberi rasa keadilan sekaligus menjamin kepastian hukum. Faktor-faktor yang berpengaruh terhadap penerapan paradigma hukum bagi hakim dalam memutus perkara …

An Approach Of Legisprudence Theory To Assess The Quality Of Local Regulation, Marthen Arie

Hasanuddin Law Review

The applicable law (as a result of legislation) is not always a reflection of the society concerned. Local regulations in the area were impressed into law to be “forced” because it does not conform to the spirit and characteristics of the society. The formation of local regulation is increasingly complex and complicated when the process and its substance beside cannot be separated from the political process, it is also cannot be separated from social processes. The problematic of local regulation formation is indicated by the fact that the authorized institution to arrange the local regulation is still not sufficient to …

An Effective Supervision Model Of A Standard Clause For Consumer Protection In The Business Transactions, M. Syamsudin, M. Bekti Hendrie Anto, M. Nur Laili Dwi Kurniyanto, Intan Puspitasari

Hasanuddin Law Review

This research aims to form an effective supervision model of a standard clause to protect consumer’s rights and interests. This study answers the questions the effectiveness of a standard clause supervision carried out by Otoritas Jasa Keuangan [Financial Services Authority (OJK)] and Badan Penyelesaian Sengketa Konsumen [Consumer Dispute Settlement Agency (BPSK)]; effective supervision model of a standard clause which can protect the rights and interest of the consumer. The object of this study are OJK and BPSK as a supervision of a standard clause. The result of this research shows that the supervision of standard clause done by those institutions …

Khul’I (Right Of Redemption) Under Sharia Courts Rules Of Bauchi State, Nigeria, 2013: Issues And Challenges, Ibrahim Danjuma, Umar Sulaiman Abbo Jimeta

Hasanuddin Law Review

In the year 2000, most of the States in Northern Nigeria re-introduced Sharia as part of their legal system in disposing of both civil and criminal cases. Bauchi State was among the States that re-introduced Sharia as part of its legal system. Based on that, Sharia Courts were created to replace Area Courts, and Sharia Courts Civil Procedure Rules was enacted to regulate the proceedings before the said Sharia Courts on Civil Matters. The Bauchi State Sharia Courts Civil Procedure Rules, 2001 did not contain a provision on Khul’i. Prior to the amendment of Bauchi State Sharia Courts Civil Procedure …

Legal Development Of Coastal Marine Management Based On The Idea Of Pancasila, Jantje Tjiptabudy

Hasanuddin Law Review

In relation to the positive law, the management of marine and coastal natural resources, there is also the rule of customary law. Customary law that still lives and develops in indigenous peoples also regulates the management system and utilization of natural resources in coastal and marine areas. Recognition of the rights of indigenous peoples is constitutionally contained in the 1945 Constitution of the State of the Republic of Indonesia where the state recognizes the existence of the Customary Law Community. In Maluku, marine potency management in general is still done traditionally known as marine customary rights that have been going …

Broadening Of The Concept Of Obscenity In The Draft Of Indonesian Penal Code, Ali Rezky, Oheo Kaimuddin Haris

Hasanuddin Law Review

The reform of the Indonesian Penal Code (KUHP) is necessary to accommodate the noble values of Indonesian society. Therefore, Indonesian criminal law should reflect the basic principles, cultural values that live within the inner niches of Indonesian society as a living law. The inclusion of several forms of obscene acts that exist within the extended Draft Penal Code is a manifestation of the philosophical, sociological and juridical framework of the Indonesian society. The extension of the concept of obscenity in the Draft of Indonesian Penal Code is in accordance with the philosophy of the Indonesian nation that gives religious values …

Customary Law Of Larwul Ngabal In The Implementation Of Regional Autonomy In North Moluccas, Rosdalina Bukido, Nam Rumkel, Ismail Suardi Wekke, Elin Palm

Hasanuddin Law Review

The Kei Islands of Southeast Moluccas, like other parts of Indonesia, have a customary order and cultural diversity. The values of local wisdom existing in the Kei community, which is contained in the customary law of Larwul Ngabal, is a very important cultural social capital in the social integration of its society. The type of study was an empirical research with sociological-anthropological juridical approach. The results show that the existence of customary law of Larwul Ngabal supports the implementation of regional autonomy with full authority and reinforcement in local regulations based on local wisdom in Kei Island. The dominant factors …

Environmental Policy, Public Health And Human Rights: Assessing The Regional Regulation On Waste, Toar Neman Palilingan, Donna Okthalia Setiabudhi, Toar K.R. Palilingan

Hasanuddin Law Review

Everyone has the right to a good and healthy environment as part of human rights. Hence, to actualize the right to a good and healthy environment, the community or everyone has the right to environmental information related to the role in environmental management. The research is a socio-juridical. The results show that the management of human environment in Manado is implemented through the establishment and implementation of local regulations. The issuance of local regulations related to environmental law enforcement are local regulations on Environmental Protection and Management; Domestic Wastewater Management; and Waste Management and Cleaning Service Fees. However, the three …

Victimological Approaches To Crime Of Rape In Indonesian Criminal Justice System, Khudzaifah Dimyati, Angkasa Angkasa

Hasanuddin Law Review

Neglect of rape victims in the Indonesian Criminal Justice System implicates at least two things; first, the victim does not receive legal protection, and second, the decisions of judges do not fulfill the sense of justice. Neglect of victims in the Criminal Justice System cannot be separated from the theory, doctrine and legislation, especially criminal law or the Penal Code, Criminal Procedure Code and the Corrections Act, which is oriented merely to the perpetrators (criminal oriented) instead of victims (victim oriented). Regarding the conditions above, this study was intended to provide a solution of the problems so that victims in …

Fake News As A Democratic Anathema: A Comparative Study Between India And Indonesia, Ishita Sharma, Mansi Aggarwal

Hasanuddin Law Review

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 …

The Constitutional Interpretation On The Natural Resource: Originalist Vs Non-Originalist Interpretation, Herdiansyah Hamzah

Hasanuddin Law Review

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 …

The Imposition Of Sanctions For Children, Rafika Nur, Handar Subhandi Bakhtiar

Hasanuddin Law Review

In the children criminal justice system in Indonesia, there are two systems of sanctions namely criminal sanctions and sanctions actions. A child who commits a criminal offense may be subject to criminal sanctions or sanctions. Imposing sanctions for children becomes something oriented towards coaching and protecting children. However, the imposition of sanctions for children can not be effective because of conflicting legal rules, law enforcement officials who have different paradigms in guarding the legal process against children, facilities and infrastructure that are incomplete and inadequate, making it difficult to enforce sanctions on children as well as the poor stigmatization of …

Children's Recidivist Who Conducted Criminal Act: Legal Psychology Perspective, Ratnawati Ratnawati

Hasanuddin Law Review

Children's social environment influences their psychological return to crimes, and it is a treatment or reward from friends which they consider right since they are encouraged to repeat their actions. The research is an empirical legal research. The results shows that The role of psychologists in Special Child Development Institutions is not optimal, due to limited resources. Furthermore, parents or families should actively supervise and limit the association of children as this will prevent them from returning to the social environment. This is because the environment encourages them to commit criminal acts. Also, the government should make provision for their …

Fishing Quota And International Obligation: Why Has Indonesia Been Indicated As A Non-Compliant State, Rachma Indriyani, Asmar Abdul Rahim, Ruzita Azmi

Hasanuddin Law Review

Indonesia committed to conserving the tuna resources by participating in some RFMOs. From all regional organizations where Indonesia has been joined, the CCSBT is the unique one, due to it governs a single tuna species, which is called Southern Bluefin Tuna. This kind of tuna is essential for Indonesia because it is the world’s most expensive tuna and SBT migrates through Indonesian fisheries management zones and goes even further within the territorial waters, where the SBT spawning area is located. This natural characteristic distinguishes Indonesia from other Parties to CCSBT. Nevertheless, the Country has been dealing with its obligation to …

A Paradox Of Student Bullying Prevention In China: Between Social Anxiety And The Reaction To It, Gui Huang

Hasanuddin Law Review

Student bullying has been considered a serious social problem. This is because, firstly, student bullying cases have been occurring frequently in recent years, and have raised many guardians’ concerns for their child’s safety and healthy growth; secondly, the school and the government aren’t able to take effective measures to prevent student bullying. The reasons behind it vary, but the family dynamic— failing to cultivate a wholesome personality in the child, lacking of guardian supervision and family education, and the school climate—the boarding school system and bureaucratic formalism in school—are the two key ones. In these two years, the authorities have …

Special Autonomy And The Principles Of Federal System: A Blurred Portrait Of The Special Autonomy For Papua, Frans Reumi

Hasanuddin Law Review

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 …

The Guardian Of Constitution: A Comparative Perspective Of Indonesia And Cambodia, John Sampe, Rosa Ristawati, Be Hakyou

Hasanuddin Law Review

A democratic state may be indicated by the existence of a constitutional institution that has the competence to uphold constitutionalism and defend the constitution. As the guardian of the constitution, the Constitutional Council of the Kingdom of Cambodia (Constitutional Council) and the Constitutional Court of the Republic of Indonesia (Constitutional Court) have the same purpose, namely to uphold constitutionalism and protect the constitution. However, in terms of structure, procedures, and competencies, the Constitutional Council and the Constitutional Court have individual mechanisms. Institutionally, the two judicial bodies occupy different characteristics, but they share the common goal of safeguarding the constitution’s core …

Eia In Strengthening Law Enforcement And Penalties: A Case Of Corruption In Natural Resource Sector, Mochamad Agung Sasongko, Kosuke Mizuno, Suyud Warno Utomo, Raldi Hendro Koestoer

Hasanuddin Law Review

Corruption in Indonesia's natural resource sector is a significant issue with far-reaching consequences for environmental sustainability. Despite the detrimental effects of corrupt practices on the environment, law enforcement penalties for corruption often fail to compensate for their environmental impact. The aim of the study is to explore how the use of Environmental Impact Assessments (EIAs) strengthens law enforcement efforts and increase penalties for corrupt practices in Indonesia's natural resource sector. The method used is to collect and analyze regulations, policies, and corruption study cases to examine the relationship between EIA and corruption penalties. The results showed that EIA can help …

Feasibility And Acceptability Of The Mazi Umntanakho Digital Tool In South African Settings: A Qualitative Evaluation, Catherine E. Draper, Caylee J. Cook, Elizabeth A. Ankrah, Jesus A. Beltran, Franceli L. Cibrian, Kimberley D. Lakes, Hanna Mofid, Lucretia Williams, Gillian R. Hayes

Engineering Faculty Articles and Research

To address the need for interventions targeting social emotional development and mental health of young children in South Africa, the Mazi Umntanakho (‘know your child’) digital tool was co-designed, and piloted with caregivers and 3–5-year-old children involved in home visiting programmes promoting early childhood development. The aim of this study was to qualitatively evaluate the feasibility and acceptability of this tool in four urban and four rural low-income communities, from the perspective of home visitors and caregivers. Focus groups were conducted with home visitors (n = 117) and caregivers (n = 72). Issues relating to the feasibility of …

Returning To The Edge: Religious Education, Affiliation, And Accompaniment, Patrick R. Manning Ph.D.

Immaculate Conception Seminary School of Theology Publications

The aim of this article is to envision approaches better suited to facilitating an encounter with God’s love for those who find themselves at the edges of church affiliation. The first part of the article involves an exercise in pastoral listening, endeavoring to understand the present concerns and realities of such people as they experience them. The second part offers principles and examples of the kind of accompaniment that current research and practice suggest is better suited to our present situation and the needs of people who do not feel at home in the Church.