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Vulnerability Of Elderly Women: Victim Of Gender Discrimination, Subir Kumar Roy Jan 2025

Vulnerability Of Elderly Women: Victim Of Gender Discrimination, Subir Kumar Roy

Hasanuddin Law Review

The life cycle of human being completes with the process of aging but we fail to realize this simple arithmetic of life and often consider our elders as a burden for us. They are compelled to compromise with their dignity and integrity and forced to live at the mercy of their own nearest and dearest. When we talk about elderly women their position is more appalling than their male counterpart due to this male chauvinism which tries to regulate every affair of the life of the people. Under the alibi of protection and security of women they are subjected to …

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Legally Binding Of The World Trade Organization Dispute Settlement Body’S Decision, Triyana Yohanes, Adi Sulistiyono, M. Hawin Jan 2025

Legally Binding Of The World Trade Organization Dispute Settlement Body’S Decision, Triyana Yohanes, Adi Sulistiyono, M. Hawin

Hasanuddin Law Review

Dispute settlement system of the WTO DSB can be categorized as a judicial dispute settlement system. Decision (rulings and recommendations) in a dispute settlement made by the WTO DSB is binding and should be performed. In some cases, decisions made by the WTO DSB were not performed, and there is no sanction against the non-compliance with the decisions. The objective of this study is to analyze the legally binding character of the WTO DSB’s decision as a decision of a judicial organ. From the data analysis, it can be concluded that the WTO does not provide adequate sanctions against the …

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Legal Policy Of Interfaith Marriage In Indonesia, Fathol Hedi, Abdul Ghofur Anshori, Harun Harun Jan 2025

Legal Policy Of Interfaith Marriage In Indonesia, Fathol Hedi, Abdul Ghofur Anshori, Harun Harun

Hasanuddin Law Review

Marriage is not just a bond between men and women, but the inner bond between a man and a woman based on the One and Only God. This research was a philosophical normative, thus the approaches used were philosophical, normative, and historical. Besides, a qualitative-descriptive strategy was used in finding a depth description of the law politics of interfaith marriage regulation in Indonesia based on the the 1974 Marriage Law. The results show that the interfaith marriage is not regulated in the 1974 Marriage Law, because: First, the rejection of the majority of Muslims and the faction in Parliament because …

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What Constitutes As Limitation Of (Human) Rights In Indonesian Legal Context?, Anbar Jayadi Jan 2025

What Constitutes As Limitation Of (Human) Rights In Indonesian Legal Context?, Anbar Jayadi

Hasanuddin Law Review

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 …

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The Lack Of The Environmental Concern In Indonesia’S Bilateral Investment Treaties, I Gusti Ngurah Parikesit Widiatedja, I Gusti Ngurah Wairocana Jan 2025

The Lack Of The Environmental Concern In Indonesia’S Bilateral Investment Treaties, I Gusti Ngurah Parikesit Widiatedja, I Gusti Ngurah Wairocana

Hasanuddin Law Review

In the modern era, Bilateral Investment Treaties (BITs) are relatively effective to attract more foreign direct investment (FDI). Many countries then eagerly concluded BITs, including Indonesia. Considering the adverse impact of FDI on the environment, most countries then start putting the environmental concern in their BITs, assisting them to prevent and mitigate any adverse impact of FDI on the environment. Indonesia, however, did not follow this measure. This paper then shows the lack of the current Indonesia’s BITs in putting the environmental concern in their provisions. The fact that Indonesia has terminated some BITs becomes a right momentum to start …

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Prevention Of Human Trafficking In Ethiopia: Assessing The Legal Framework, Zelalem Shiferaw Woldemichael Jan 2025

Prevention Of Human Trafficking In Ethiopia: Assessing The Legal Framework, Zelalem Shiferaw Woldemichael

Hasanuddin Law Review

Recent findings have indicated that both in-country trafficking (trafficking of individuals from rural areas to relatively affluent towns and cities) and external trafficking (trafficking of individuals from a given country to foreign countries) are prevalent in Ethiopia. In 2012, the government acceded to the Protocol to Suppress and Punish Trafficking in Persons Especially Women and Children supplementing the United Nations Convention against Transnational Organized Crime (The UN Trafficking Protocol, here after). With a view to giving effect to the requirements of this instrument, the government passed in to law Proclamation No. 909/2015 (The Prevention and Suppression of Trafficking in Persons …

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The Restriction Of Suffrage In The Perspective Of Fair Election In Indonesia, Khairul Fahmi, Zainal Arifin Mochtar, Saldi Isra, Zulkifli Aspan Jan 2025

The Restriction Of Suffrage In The Perspective Of Fair Election In Indonesia, Khairul Fahmi, Zainal Arifin Mochtar, Saldi Isra, Zulkifli Aspan

Hasanuddin Law Review

In order to ensure the suffrage of citizens is implemented according to the principle of fair election, regulations on general and local elections may contain various kinds of restriction of suffrage. The rights to vote as well as be voted must be restricted in a way that the process of election may run seamlessly and generate a government capable of exercising the mandate of the people. However, such restriction must be performed in a fair and proportionate manner. The restriction must not cause uncertainty or even distinction of treatment towards the citizens. By means of normative legal research, this research …

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Preserving The Environment Within The Asean Skies: Lessons From The European Union Emissions Trading Scheme, Ridha Aditya Nugraha Jan 2025

Preserving The Environment Within The Asean Skies: Lessons From The European Union Emissions Trading Scheme, Ridha Aditya Nugraha

Hasanuddin Law Review

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 Organization’s 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 …

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Legal Development Of Coastal Marine Management Based On The Idea Of Pancasila, Jantje Tjiptabudy Jan 2025

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 …

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Initiating The Community Economic Improvement Through Intellectual Property Registration Of €Œrobusta Pinogu Coffee”, Ibrahim Ahmad, Hasbir Paserangi Jan 2025

Initiating The Community Economic Improvement Through Intellectual Property Registration Of €Œrobusta Pinogu Coffee”, Ibrahim Ahmad, Hasbir Paserangi

Hasanuddin Law Review

Robusta Pinogu coffee was well known in both domestic and international markets, with production centers located in Pinogu subdistrict, Bone Bolango Regency, Gorontalo Province, Indonesia. It has unique flavor quality and good reputation in local, national and international markets. Its reputation tends to be counterfeited by irresponsible parties, which would harm producers and consumers of Robusta Pinogu coffee. Related to that, then “Masyarakat Indikasi Geografis Kopi Robusta Pinogu Bone Bolango” (MIG-KRPBB) be aware the need to have geographical indications for Robusta Pinogu coffee. Therefore, MIG-KRPBB submits for registration of geographical indication of Robusta Pinogu coffee to the Government of the …

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The Scope Of Discretion In Government Administration Law: Constitutional Or Unconstitutional?, Victor Imanuel W. Nalle Jan 2025

The Scope Of Discretion In Government Administration Law: Constitutional Or Unconstitutional?, Victor Imanuel W. Nalle

Hasanuddin Law Review

Law No. 30 of 2014 on Government Administration (Government Administration Law) has set the scope of discretion in Indonesian legal system. But the form of discretion is limited in scope government decision (KTUN) and factual actions of the government. The restriction implicates circulars or others policy rule is not a form of discretion. In addition, the provisions concerning the terms of use discretion, procedures and legal effect of discretion in the Government Administration Law are not applicable to the use of policy rule. In fact, the substance of discretion in policy rule (e.g. circulars and instructions) has the potential of …

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A New Treaty For Fully Autonomous Weapons: A Need Or A Want?, Maskun Maskun, Rafika Nurul Hamdani Ramli Jan 2025

A New Treaty For Fully Autonomous Weapons: A Need Or A Want?, Maskun Maskun, Rafika Nurul Hamdani Ramli

Hasanuddin Law Review

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 …

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Arrangement Of Relationship Between State Institutions Through The Fifth Amendment Of The 1945 Constitution In Indonesia, Rommy Patra Jan 2025

Arrangement Of Relationship Between State Institutions Through The Fifth Amendment Of The 1945 Constitution In Indonesia, Rommy Patra

Hasanuddin Law Review

The amendment of 1945 Constitution is deemed to have many weaknesses and shortcomings, especially related to the regulate institutional relationship between state institutions. There are some problem related to the obscurity of position of state institutions, the overlapping of duties, functions and authority which lead to the unrealized of checks and balances and the vulnerable for abuse of power. The direction of the arrangement of relationship between state institutions should be: First, to strengthen the implementation and purification of presidential system; Second, to clear up the position of the MPR as a joint session between DPD and DPR in an …

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The Use Of Hybrid Contract In The Innovation Of Islamic Banking Product, Nun Harrieti Jan 2025

The Use Of Hybrid Contract In The Innovation Of Islamic Banking Product, Nun Harrieti

Hasanuddin Law Review

ASEAN Banking Integration Framework (ABIF) provides market access and operational flexibility for Quality ASEAN Banks (QAB) in ASEAN countries. Indonesian sharia banking is faced with various challenges in fulfilling QAB qualification within this ABIF framework, one of which is the need for product innovations that can meet the needs of community transactions. One of the innovation is through hybrid contract. This study aims to analyze the validity of the use of contract hybrid in the innovation of Sharia banking products in order to encounter ABIF including its legal consequences under the prevailing laws and regulations in Indonesia. This paper was …

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The Guiding Principles On Business And Human Rights: National Action Plans Toward Corporation Responsibility, Ni Ketut Supasti Dharmawan, Desak Putu Dewi Kasih, I Gede Agus Kurniawan, Putu Aras Samsithawrati Jan 2025

The Guiding Principles On Business And Human Rights: National Action Plans Toward Corporation Responsibility, Ni Ketut Supasti Dharmawan, Desak Putu Dewi Kasih, I Gede Agus Kurniawan, Putu Aras Samsithawrati

Hasanuddin Law Review

As a global principal, corporations have the obligation to comply with national and international hard law of human rights, respect soft laws and global standards. The United Nations Guiding Principles on Business and Human Rights (GPs) of 2011 were unanimously endorsed by the Human Rights Council and are respected as a global standard that stipulates that corporations should respect human rights when conducting their business activities. The purpose of this paper is to examine the scope and focus of National Action Plans (NAPs) by comparing the Netherlands NAP on Human Rights (2013) is compared to the UK’s updated NAP of …

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Model Draft Regulation On Cryptocurrency In India, Rahul J. Nikam Jan 2025

Model Draft Regulation On Cryptocurrency In India, Rahul J. Nikam

Hasanuddin Law Review

This article looks at the application of present Indian payment system policies and regulatory model on virtual-currency in India. In fact, simply banning cryptocurrency in India would not serve the purpose of legislature and Reserve Bank of India (RBI); rather it will boost cryptocurrency frauds in India due to absence of any law. The present article analysis shows that there is an ample scope within the present models and policies with necessary amendments to facilitate the regulation of virtual-currency in India. The analysis also suggests new model regulation on cryptocurrency which shall constitute the basic model regulations in India to …

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Good Governance And Anti-Corruption: Responsibility To Protect Universal Health Care In Indonesia, Ratna Juwita Jan 2025

Good Governance And Anti-Corruption: Responsibility To Protect Universal Health Care In Indonesia, Ratna Juwita

Hasanuddin Law Review

The establishment of universal health care marks a new momentum for the progressive realization of the right to health in Indonesia. The problem of corruption in health sector endangers the sustainability of effective and quality health care, therefore, Indonesia established an anti-fraud system to protect the universal health insurance fund. This research seeks to analyze the current anti-fraud system in universal health insurance through the lens of international law and principles of good governance. The sociolegal approach is chosen to study the relationship between the State party obligations to international law and the implementation of international law concerning universal health …

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Environmental Pollution: Assessing The Criminal Liability Of Corporations, Hariman Satria Jan 2025

Environmental Pollution: Assessing The Criminal Liability Of Corporations, Hariman Satria

Hasanuddin Law Review

The Supreme Court sentenced PT Dongwoo Enviromental Indonesia (PT DEI) for disposing of hazardous and toxic wastes polluting the environment. Meanwhile, PT Adei Plantation & Industry (PT API) was charged with crime for the destruction of land damaging the environment. The research method used is normative legal research, which focuses on two approaches: case approach and conceptual approach. The results show that, first, PT DEI and PT API are charged criminally represented by the board as functioneel daderschap or directing mind and will. Second, PT DEI is charged with subsidized charges, while PT API is charged to alternative charges. Third, …

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Customary Law Of Larwul Ngabal In The Implementation Of Regional Autonomy In North Moluccas, Rosdalina Bukido, Nam Rumkel, Ismail Suardi Wekke, Elin Palm Jan 2025

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 …

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Comparison Of Wildlife Protection Law Between Indonesia And The United States, Lusi Apriyani, Fahmi Yoesmar Ar, Marta Erwandi Jan 2025

Comparison Of Wildlife Protection Law Between Indonesia And The United States, Lusi Apriyani, Fahmi Yoesmar Ar, Marta Erwandi

Hasanuddin Law Review

Indonesia is known as one of the richest countries for its biodiversity. Plants, animals, and forest are very diverse in every region in Indonesia. Unfortunately, from time to time the numbers of biodiversity have been decreased along with the development of Indonesia. Nowadays, numbers of Sumatera Tigers and Orang Utan are not more than 400 since they were traded, captured, and killed in the name of economic development. Even wildlife habitat, forest, were converted to non-forestry use. Theoretically, Indonesia has Conser-vation Act which is the Law Number 5 of 1990 on Conservation of Biodiversity and Ecosystem in which providing protection …

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The Anomaly Of The Village Government In Establishing Village Owned Enterprise, Busyra Azheri, Upita Anggunsuri Jan 2025

The Anomaly Of The Village Government In Establishing Village Owned Enterprise, Busyra Azheri, Upita Anggunsuri

Hasanuddin Law Review

Village Owned Enterprise is an important part of the form of empowerment economic community at the village. Given, the urgency of the existence of Village Owned Enterprise, the government through the Regulation of Ministry of Villages, Disadvantaged Regions and Transmigration No. 5 of 2015 stated that one of the priorities of the use of village funds is for the establishment and development of Village Owned Enterprise. While the mechanism of establishment of Village Owned Enterprise is based on the result of village consultative meeting involving element of village government, element of village consultative body, and elements of community figures. The …

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Government Policies For Food Sovereignty: Disjunction Between Ideality And Reality, Fitrinela Patonangi, Aminuddin Ilmar, Irwansyah Irwansyah, Iin Karita Sakharina Jan 2025

Government Policies For Food Sovereignty: Disjunction Between Ideality And Reality, Fitrinela Patonangi, Aminuddin Ilmar, Irwansyah Irwansyah, Iin Karita Sakharina

Hasanuddin Law Review

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 …

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Fighting The Giants: Efforts In Holding Corporation Responsible For Environmental Damages In Indonesia, Arie Afriansyah, Anbar Jayadi, Angela Vania Jan 2025

Fighting The Giants: Efforts In Holding Corporation Responsible For Environmental Damages In Indonesia, Arie Afriansyah, Anbar Jayadi, Angela Vania

Hasanuddin Law Review

This paper focuses on examining environmental cases before the Indonesian courts from the past ten years. To be specific, this paper will study four major cases with regard private law, six major cases with regard to criminal law, and class action cases in Indonesia. This period of time explains trending increase of environmental cases before the courts. In this regard, Alternative Dispute Resolution (ADR) becomes the main preference of settling the environmental disputes. However, ADR seems not able to bring justice to the fullest especially when it comes to the corporations. It is not justice to the fullest in the …

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The Marrakesh Treaty And Facilitating Access To Literary Works In The Field Of Knowledge For Blind People, Kholis Rroisah, Wendy Budiati Rakhmi Jan 2025

The Marrakesh Treaty And Facilitating Access To Literary Works In The Field Of Knowledge For Blind People, Kholis Rroisah, Wendy Budiati Rakhmi

Hasanuddin Law Review

Freedom to gain knowledge, information and technology is very important by everyone including blind people which one realized the right of access to literary works through the Marrakesh Treaty 2013. Regulation about facilitating access to copyright of published works for blind people in Indonesia is still considered inadequate to give protection in the implementation of freedom to gain knowledge. This study applied normative juridical approach described descriptive-analytically. Accessibility to the scientific work of the blind people is a part of human rights which must be respected, protected and fulfilled by the State. The Government has an important role in the …

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Village Autonomy: The Main Road To Fulfill Right To Water, Ardhiwinda Kusumaputra, Indra Perwira, Ida Nurlinda Jan 2025

Village Autonomy: The Main Road To Fulfill Right To Water, Ardhiwinda Kusumaputra, Indra Perwira, Ida Nurlinda

Hasanuddin Law Review

Water resources are common resources that affect the livelihood of many people. Its management should be oriented towards the rights fulfillment to water for the community. However, the management of water resources still shows inconsistency. This results in uncertainty in the rights fulfillment to water for the community. Therefore, a reform in water resources management is needed. Village autonomy can be the foundation for a more community-oriented water rights management, since it contains independence and community initiatives. This research aimed at finding a precise and clear concept in the management of water resources based on village autonomy. This research was …

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Urgency Of The Right To Recognition For Identity’S Belief As A Part Of Human Rights, Winda Wijayanti Jan 2025

Urgency Of The Right To Recognition For Identity’S Belief As A Part Of Human Rights, Winda Wijayanti

Hasanuddin Law Review

The right of recognition a belief is one of the basic human rights set forth in the Constitution. Population Administration Act as the executor of the constitutional mandate does not regulate of information column’s ”Belief” in an identity card (KTP-el) or a blank religion is a legal vacuum. Many debates occurred during the discussion and after the enactment of the Population Administration Act that only regulates the administration of population and issues between Religion and Belief as being very sensitive so that discussion of belief is considered not the domain of the Population Administration Act. Then, the absence of public …

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Environmental Policy, Public Health And Human Rights: Assessing The Regional Regulation On Waste, Toar Neman Palilingan, Donna Okthalia Setiabudhi, Toar K.R. Palilingan Jan 2025

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 …

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Victimological Approaches To Crime Of Rape In Indonesian Criminal Justice System, Khudzaifah Dimyati, Angkasa Angkasa Jan 2025

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 …

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Community Participation Arrangements To Prevent Illegal Drilling, Iza Rumesten, R.S., Febrian Febrian, Helmanida Helmanida, Agus Ngadino Jan 2025

Community Participation Arrangements To Prevent Illegal Drilling, Iza Rumesten, R.S., Febrian Febrian, Helmanida Helmanida, Agus Ngadino

Hasanuddin Law Review

The practice of illegal drilling does not only result in destruction for to the environment, but also result in the social gap, national losses, and people’s lives. It happens to illegal drilling conducted manually using traditional equipment and less operational standard. This illegal drilling may happen because ineffective law applied and no regulation on social participation in the Law of oil and natural gas. This research uses the normative method, the result of research is analyzed qualitatively. The research showed that the active social participation was needed in environmental law enforcement to prevent a great number of illegal drilling practice, …

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Implication Of Regulation Authorities On The Efforts To Accelerate The Eradication Of Corruption, Sukmareni Sukmareni, Elwi Danil, Ismansyah Ismansyah, Zainul Daulay Jan 2025

Implication Of Regulation Authorities On The Efforts To Accelerate The Eradication Of Corruption, Sukmareni Sukmareni, Elwi Danil, Ismansyah Ismansyah, Zainul Daulay

Hasanuddin Law Review

Investigation of corruption, as an extra ordinary crime is granted to the three institutions, namely the Police, Attorney General and the Indonesian Corruption Eradication Commission (KPK). The granting of authority to these three institutions aims to accelerate the eradication of corruption, not only detrimental to the finances and the economy of the country but has damaged the joints of life of the nation and state. The research is descriptive and uses a normative juridical approach. Aiming to find out, and analyze qualitatively the implications of regulating investigative authority over the eradication of corruption in Indonesia. The study found that all …

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