Digital Commons Network^™

Legal Existence Of Local Wisdom For Bajo Fishery Tribe On Indonesian Maritime Border, Oheo Kaimuddin Haris, Syahbudin Syahbudin, Ahsan Yunus

Hasanuddin Law Review

This work is aimed at exploring appropriate method in legitimating and admitting toward legal existence for Bajo effort’s local wisdom particularly in maintaining Indonesian’s Border. This effort is importance to maintain sovereignty of Indonesia's maritime boundaries without having to eliminate Bajo’s local wisdom that may exclude sustainable development for Bajo society. This situation has altered their traditions that they just initially and merely fished fishes just for consumption. For that reason, this work offers appropriate values in legitimating and admitting a legal existence for Bajo effort’s local wisdom such as the rights of traditional fisherman community of Bajo tribe in …

Why Indonesia Should Keep Joining In Trade And Investment Agreements?, I Gusti Ngurah Parikesit Widiatedja, I Gusti Ngurah Wairocana, I Nyoman Suyatna

Hasanuddin Law Review

There have been some concerns over the existence of trade and investment agreements. They have been doubted because of the poverty and inequality issues in some regions across the globe. The rise of the spirit of national interest of their members has also exacerbated the situation. Hence, these two miserable facts may end up with a question whether Indonesia should keep joining trade and investment agreements. This article is aimed to examine if Indonesia should continue its participation in trade and investment agreements. Employing a normative legal research, this article put three parameters, analysing the continuity of Indonesia’s participation, namely …

Concept And Position Of Peremptory Norms (Jus Cogens) In International Law: A Preliminary Study, Irawati Handayani

Hasanuddin Law Review

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 …

Evaluation Of The Regulation Changes On Environment And Forestry In Indonesia, Helmi Helmi, Fauzi Syam, Nopyandri Nopyandri, Akbar Kurnia Putra

Hasanuddin Law Review

This article aims to examine the correlation between the concept of proper enforcement of the law as stipulated in Article 5 (2) of the 1945 Constitution of Indonesia and the establishment and implementation of government regulation on environment and forestry. This article is a normative legal research with statute, historical, and conceptual approaches. The result shows that proper legal enforcement means two things, namely, establishment and enactment of government regulation by the President and the content of the regulation that does not contradict the law. Failure to comply with the law means the President does not establish or enforce a …

Much In Little: The Umbrella Clause That Changes The International Investment Protection Standard, Kartika Paramita

Hasanuddin Law Review

The umbrella clause of a Bilateral Investment Treaty (BIT) establishes an obligation for the State parties to respect all commitments entered into by an investment contract between an investor and the host country. It extends the jurisdiction of a BIT forum to the breach-of-contracts matters and changes the nature of a private issue to an international affair. The polemic over the clause's interpretation has become a controversial issue over the years. It comes as a backlash for the Contracting States as a foreign investor could quickly bring an investment problem to an international forum. After more than a decade since …

The New European Union Whistleblowing Directive: In Comparison To Indonesia’S Practice, József Hajdú, Rofi Aulia Rahman

Hasanuddin Law Review

With the European Union Whistleblowing Directive (2019), the topic of whistleblowing is becoming increasingly important for EU MS’s public and private entities. Whistle-blowers might play a vital role in exposing corruption, fraud and mismanagement of the EU’s supranational norms. The Directive introduced minimum standards for the protection of whistle-blowers and obliges many public and private entities to introduce their own internal whistleblowing channels. The EU also can take some lessons from Indonesia about the practice and obstacle in implementing whistleblowing system. The aim of this article is to introduce the new EU Whistleblowing Directive’s main features and some presumable obstacles …

Local Wisdom-Based Water Resources Conservation: Enhancing Local Wisdom In Society 5.0, Zulkifli Aspan, Ernu Widodo, Fajlurrahman Jurdi, Jundiani Jundiani

Hasanuddin Law Review

Local wisdom as capital for sustainable water resource conservation is becoming increasingly important in the era of Society 5.0. It is characterized by technological transformation and extensive interconnection. In this context, implementing local wisdom values in the conservation of water resources is a significant challenge. This paper discusses the challenges faced in conserving sustainable local wisdom-based water resources in the era of Society 5.0, such as cultural and technological changes. This paper also examines legal regulations in water resource conservation based on local wisdom, such as how laws regulate water use and budget arrangements for water resource conservation. The method …

Reformulation Of Decision-Making System In Asean, Ahmad Syofyan, Siti Azizah, Shaker Suleiman Ali Al Akayleh, Oksha Dwi Anugrah Panjaitan, Daffa Ladro Kusworo

Hasanuddin Law Review

ASEAN is a regional organization for Southeast Asia that was established on 8 August 1967 by five ASEAN countries at the time, namely Indonesia, Singapore, Malaysia, Thailand and the Philippines. Today, ASEAN has eleven members with Timor Leste as the youngest member. Like any other international organization, ASEAN has its own decision-making system. The decision-making system in ASEAN before the Charter was only consultation and consensus. That is, decision making based on the agreement of all members and can only be decided if no one refuses, this refers to the Bangkok Declaration. Meanwhile, after the establishment of the 2007 ASEAN …

The Early Warning System In Preventing Human Trafficking: Border (In) Security And Challenges For Indonesia, Sy. Hasyim Azizurrahman, Sri Ismawati, Parulian Siagian, Abunawas Had, Muhammad Tahir, Sy. Muhammad Ridho Rizki Maulufi Alkadri

Hasanuddin Law Review

This article aims to find out how the early warning system is constructed in detecting human trafficking. This research discusses human trafficking in Indonesia, where most of the victims were trafficked to neighboring countries in the border area. One of the unsolved problem exist today is human trafficking in frontier areas; hence, there are three major factors causing the number of human trafficking in Indonesia is in high level according to data from the International Organization for Migration. This article is using empirical legal research method. The results show that the construction of an early warning system can be formed …

Novel Multi-Gait Strategy For Stable And Efficient Quadruped Robot Locomotion, Daoxun Zhang, Xieyuanli Chen, Zhengyu Zhong, Ming Xu, Zhiqiang Zheng, Huimin Lu

Journal of System Simulation

Abstract: Inspired by the natural gait transition mechanism of quadruped animals, a multi-gait motion strategy is proposed to realize the stable and efficient motion of quadruped robots on different terrains in response to the trade-off between motion energy efficiency and motion stability. The gait is defined based on the duty cycle parameters and phase bias to form the switching basis. Secondly, the affine transformation of gait parameters and the finite state machine are introduced to establish the switching sequence, which realizes the timely gait switching. The speed-gait mapping is designed based on the cost of transport (CoT) and the stability …

Design Of Robust Behavior Tree Control Architecture For Agents In Dynamic Task Environment, Qiwei Wang, Qi Zhang, Shuo Yang, Yong Peng

Journal of System Simulation

Abstract: In recent years, the environment in which agents perform tasks has become more open and dynamic, which puts forward higher requirements for the robustness of task planning and behavior scheduling of agents. As a classic behavior control architecture, behavior tree has the characteristics of modularity, behavior parameterization, and structure of both plan representation and reaction, which can effectively support the behavior representation, decision making and scheduling of agents. Based on the hybrid behavior strategy , this paper proposes a robust behavior tree control architecture for dynamic task environment to realize the prudent decision-making and reactive control of agents. The …

The Feasibility Of Operating A Small City Police Department: A Fiscal Trend Analysis, Sean Martin Moore

Walden Dissertations and Doctoral Studies

This professional administrative study (PAS) was developed to determine the feasibility of the client organization operating a small city police department or continuing with contracted police services by performing a fiscal trend analysis. The client organization’s law enforcement costs have risen significantly in the past decades and continue to rise. The fiscal trend analysis associated with operating a small city department was compared to those of three similar-sized California cities with small police departments. A fiscal trend analysis was completed using 10-year budget data from the client organization and three similar-sized California cities with small police departments. The fiscal analysis …

The Feasibility Of Operating A Small City Police Department: A Fiscal Trend Analysis, Sean Martin Moore

Walden Dissertations and Doctoral Studies

This professional administrative study (PAS) was developed to determine the feasibility of the client organization operating a small city police department or continuing with contracted police services by performing a fiscal trend analysis. The client organization’s law enforcement costs have risen significantly in the past decades and continue to rise. The fiscal trend analysis associated with operating a small city department was compared to those of three similar-sized California cities with small police departments. A fiscal trend analysis was completed using 10-year budget data from the client organization and three similar-sized California cities with small police departments. The fiscal analysis …

Like Teacher, Like Student: An Exploration Of Racial Matching On Black Student Identity Development In Secondary Education, Crystal Gloria Lennix

Dissertations

Research on racially matching teachers of color with students of color has demonstrated a plethora of benefits, whether it is in West-Indian teachers with West-Indian students (Warikoo, 2004), Mexicana educators with Mexicana students (Sosa-Provencio, 2019), or Black students with Black teachers (Brooms, 2017). Black teachers are warrior spirits, acknowledging education as a “racial, cultural, linguistic, and spiritual reclamation” for Black students (Sosa-Provencio, 2018). In this study, I sought to understand how the racial matching between Black teachers and Black students can impact Black students’ identity and achievement. Numerous studies say racial matching helps students, but only a few focus on …

Rethinking The Relationship Between Capitalism And Environmental Sustainability: Locating Nigeria Within The Globe, Chukwuebuka Emmanuel Madu

Master's Theses

The relationship between capitalism and environmental sustainability and how problems arising from this relationship can be resolved globally and locally is vital for those with economic and environmental concerns. The environment that provides human beings with essential survival needs has to be preserved if these needs are expected to be available for future generations while also being enough for the present generation of human beings. One obstacle to protecting the environment is climate change due to global warming. What is responsible for global warming that ultimately leads to environmental unsustainability? This study pursues this question by rethinking the relationship between …

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 Development Of International Law In The Field Of Renewable Energy, Imam Mulyana

Hasanuddin Law Review

Energy plays a pivotal role in ensuring economic growth, social equity and live-able environment. In this regard, the non-renewable or conventional source of energy such as oil, gas and coal continue to supply the energy demand throughout the world. Nevertheless, as the awareness of the international society towards the protection and preservation of the global environment is rapidly growing, the utilization of energy resources has been gradually shifted from the non-renewable to renewable ones. Observing the international developments in the field of energy, further international legal instruments is required to be able to regulate renewable energy activities undertaken by the …

Legal Guarantees And Inconsistency Of State Recognition To The Right Of Religion/Belief In Indonesia, Kadarudin Kadarudin

Hasanuddin Law Review

The right to freedom of religion/belief has been guaranteed by law in Indonesia, but there are still going on some violations of the right to freedom of religion/belief in the various regions. The purpose of this study was to determine the form of the legal guarantee of the right to freedom of religion/belief in Indonesia, shape inconsistencies state recognition of the right to religion/belief in Indonesia, and efforts to improve the rights of religion/belief in Indonesia. This paper uses a normative study. It was found that there are some rules that apply in Indonesia, which may hinder the implementation of …

Legal Standing Of Coastal Reclamation: Islamic And Positive Law Perspectives, Supriadi Supriadi

Hasanuddin Law Review

In several regions, the implementation of reclamation in Indonesia caused much conflict. At least, it caused by three interests; the interest of the government, employers, and society (fishermen). The interests of the Government and local authorities to give permission to reclaiming for the pursuit of local revenue, the interests of employers to reclaiming the coastal, because they wanted to add company’s revenues, while the interests of society (fishermen) to defend coastal areas so it not diminish their livelihood. Reclamation in Indonesia has been governed by legislation, but it has not been able to resolve the coastal reclamation. This is due …

Atypical Rulings Of The Indonesian Constitutional Court, Bisariyadi Bisariyadi

Hasanuddin Law Review

In deciding judicial review cases, the Court may issue rulings that is not in accordance to what is stipulated in the Constitutional Court Law (Law Number 8 Year 2011). Atypical rulings means that the court may reconstruct a provision, delay the legislation/rulings enactment or give instruction to lawmakers. In addition, the court also introduce the “conditionally (un)constitutional” concept. This essay attempts to identify and classify these atypical rulings, including conditionally (un) constitutional rulings, by examined the constitutional court judicial review rulings from 2003 to 2015. This study will provide a ground work for advance research on typical rulings by the …

Consumer Justice: A Symbol Of Economic Prosperity And Social Progressiveness, Subir Kumar Roy

Hasanuddin Law Review

It is well recognized fact that consumer confidence and trust in a well functioning market for financial services promotes financial stability, growth efficiency and innovation over the long term. So protection of the interest of consumers is not merely an ethical or humanitarian issue rather it is also an issue of economy. Consumer protection demands for setting of minimum quality specification and safety standards for goods and services to curb unfair trade practices. So far the international norms are concerned it effectively contains the Bill of Rights of Consumers which help them across the globe to effectively protect their interests. …

A Critical Analysis Of Judicial Appointment Process And Tenure Of Constitutional Justice In Indonesia, Pan Mohamad Faiz

Hasanuddin Law Review

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 …

Asean Single Market: Revisiting Rules And Strategies On The Enforcement Of Free Flow Of Goods In Asean, Riyad Febrian Anwar

Hasanuddin Law Review

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 …

Pengendalian Efektif Sebagai Cara Akuisisi Teritorial: Analisis Kasus Sipadan - Ligitan, Marcel Hendrapati, Marthen Napang, Syamsuddin Mochtar, Judhariksawan Judhariksawan

Hasanuddin Law Review

Berbagai cara seperti cession, prescription, discovery dalam memperoleh hak atas suatu wilayah dapat dilakukan oleh suatu negara, asal saja negara tersebut dapat menjalankan pengendalian efektif (effective occupation) atas wilayah itu. Pengendalian yang berlangsung lama, terus menerus dan damai yang disertai dengan pengakuan tidak memiliki karakter fisik semata-mata, tetapi terutama terkait dengan pelaksanaan fungsi-fungsi pemerintahan sebagai manifestasi kedaulatan teritorial, sebagaimana ditemukan melalui berbagai yurisprudensi, seperti kasus Sipadan - Ligitan. Hak Malaysia atas kedua pulau itu tidak semata-mata terkait prinsip ‘effective occupation’, tetapi juga terkait dengan sulitnya menghindari pengaruh eksternal di balik putusan Mahkamah Internasional. Argumentasi dan pertimbangan mahkamah sarat dengan alibi …

Implikasi Hukum Terhadap Praktik Pinjam Pakai Kawasan Hutan Untuk Kegiatan Pertambangan Batubara, Muhamad Muhdar, Mohamad Nasir, Rosdiana Rosdiana

Hasanuddin Law Review

Penelitian ini disampaikan untuk menjawab dua pertanyaan: Pertama, bagaimana kerangka hukum mengenai izin pinjam pakai kawasan hutan untuk kegiatan pertambangan batubara dan apa masalah-masalah hukum yang terdapat di dalamnya; Kedua, bagaimana implementasi peraturan perundang-undangan mengenai Izin Pinjam Pakai Kawasan Hutan untuk pertambangan batubara. Penelitian ini menggunakan penggunakan pendekatan socio-legal dengan menggunakan sejumlah narasumber dan area terpilih. Penelitian ini menyimpulkan bahwa praktik pinjam pakai kawasan hutan untuk kegiatan pertambangan batubara adalah tindakan menghilangkan hutan yang dilegalisasi oleh negara. Terdapat ketidakjelasan status hukum pertanggungjawaban peminjam yang tidak melakukan pengembalian kawasan hutan, kecuali hanya melakukan pembayaran kepada negara berupa Pendapatan Negara Bukan Pajak …

Kebijakan Nasional Indonesia Dalam Adaptasi Dan Mitigasi Perubahan Iklim, Wahyu Yun Santoso

Hasanuddin Law Review

Sejak pertama kalinya bergulir, isu perubahan iklim atau global warming telah menjadi trend setter tersendiri dalam wacana diskusi multidisipliner, termasuk dalam konteks hukum. Dalam diskursus ilmu hukum sendiri, isu perubahan iklim berkembang dalam sekian aspek pembahasan, terlebih dengan masih adanya banyak perdebatan yang terjadi mengenai penyebab maupun lingkup dampak dari perubahan iklim tersebut. Sebagai sebuah masalah global, tiap negara memiliki karakter tersendiri pada model kebijakannya dalam adaptasi dan mitigasi perubahan iklim. Penelitian ini bersifat normatif dan bertujuan untuk dapat memaparkan secara garis besar konsep kebijakan nasional Indonesia dalam adaptasi dan mitigasi perubahan iklim. Secara garis besar, Indonesia telah memberikan kontribusi …

Antinomi Dalam Peraturan Perundang-Undangan Di Indonesia, Zainal Arifin Mochtar

Hasanuddin Law Review

Realita banyaknya undang-undang produksi DPR dan Presiden yang dibatalkan oleh Mahkamah Konstitusi, terjadi sebagai akibat materi muatan undang-undang tersebut yang jamak mencermikan ketidakadilan dan ketidakpastian hukum. Tingginya angka judicial review menjadi sinyal kurang terakomodasinya kepentingan dan hak-hak warga negara dalam sebuah produk perundang-undangan. Tidak adanya keharmonisan pengaturan yang dilakukan DPR itulah yang memberi dampak pada jamaknya undang-undang yang digugat. Tulisan ini mencoba mendeskripsikan beberapa perdebatan antinomi yang mewarnai eksistensi perundang-undangan di Indonesia. Hasil analisis menunjukkan, antinomi— pertentangan—norma dalam peraturan perundang-undangan adalah satu hal yang sulit terhindarkan, apalagi mengingat buruknya proses legislasi di DPR saat ini. Dalam setiap pembentukan peraturan perundang-undangan, …

Protecting Indigenous Peoples Through Right To Natural Resources: Lesson From The Existence Of Navajo Tribe In The United States, I Gusti Ngurah Parikesit Widiatedja

Hasanuddin Law Review

From the perspective of international law, indigenous peoples have the rights to own, use, and control their natural resources within their territories. In the United States, the Navajo Tribe has enjoyed those rights. In terms of law making process, this tribe can enact some acts to preserve a control over their natural resources. Specifically, the Air Pollution Prevention and Control Act, the Clean Water Act, and the Solid Waste Act. Concerning law implementation and enforcement, Navajo Tribe has a right to equitable benefit sharing in natural resources and fair court proceeding for breach. As a result, the existence of rights …

New Paradigm For Local Financial Management: A Review Of Local Budgeting System, Hendra Karianga

Hasanuddin Law Review

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 …

Disparity In Human Rights Violations: A Political And International Law Perspective, Aidir Amin Daud

Hasanuddin Law Review

Right to life is non-derogable rights. A natural right that should not be revoked arbitrarily by anyone, including the state. A mass murder in events 1 October 1965 and Timor-Timor is a double series of states’ failure in protecting the rights of Indonesian peoples. Moreover, these two events get different treatment in its handling. The disparity in treatment between two cases is a big question related to the consistency of human rights enforcement in Indonesia. This study is a descriptive-qualitative research. While, to prove the truth, this study will use a comparative study. The findings show that the attitude of …