Digital Commons Network^™

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 …

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 …

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 …

Teaching Since 2020: Inhabiting Professionalization, Autonomy, And Classroom Teaching, Melissa Fisher

Dissertations

This study explores teacher professionalization Since 2020 by examining control over teachers’ work as constructed by classroom teachers. Using a conceptual framework combining the teacher disempowerment perspective, inhabited institutionalism, and professionalization, I focus on the question: Given the recent years of upheaval the profession of education has sustained, how are teachers inhabiting the role of "professional teacher," particularly regarding control over their own work? This qualitative study utilizes semi-structured interviews with fourteen teacher participants in an Indiana public school district. This study finds that participants are constructing a new Since 2020 teaching reality. Participants converged on professional challenges including disruptive …

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 …

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 …

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 …

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 Overview Of The Legal Framework Of Advanced Fee Fraud And Cybercrime In Nigeria, Mu’Azu Abdullahi Saulawa

Hasanuddin Law Review

The paper seeks to discuss an overview on the advanced fee fraud offences as well as cybercrime in Nigerian. The aims of the paper focus on discussing the advanced fee fraud under the related provisions of Advanced Fee Fraud Act 2006 on the success of the law in addressing the practices of crimes in relation to information technology. The paper also discusses the cybercrimes in Nigeria with a brief look out on the Cybercrime (Prohibition and Prevention) Act 2015. Further, it also aims at examining the application of the law in the fraud offences which raises an issue of the …

Reviewing The National Courts In Creating Orderly International Law And Community, Johanis Leatemia

Hasanuddin Law Review

Orderly international community and international law are determined by a national court. Essentially, the national court must be competent to maintain the balance between the national interest which based on the national sovereignty as well as the provisions of international law within the framework of peaceful coexistence. This article reviews the role of national courts in creating and developing the customary international law. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. This purpose could be achieved if national courts were able to maintain a balance …

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 …

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 …

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 …

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 …

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 …

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 …

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 …

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 …

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 …

Disgorgement Of Profits: An Alternative Solution To Stolen State Assets’ Recovery From Corporate Financial Crimes, Renny Ariyanny, Sung-Jun Bae, Mohammad Kemal Dermawan

Hasanuddin Law Review

In recent years, the Indonesian government has suffered a huge loss of state assets due to the misbehavior of corporations in financial management because the Indonesian legal system does not have a specific regulation to address corporate financial crime. When a corporate financial crime case arises, Indonesian law enforcement approaches this crime using the Anti-Corruption Act. However, the aim to retrieve the stolen government assets purloined by a corporation using the Anti-Corruption Act is still insufficient, therefore, other related regulations such as the Money Laundering Act have to apply as an additional instrument to realize optimal recovery from the misbehaving …

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 …

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.

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 …

Examining Nationality, First Generation Status And Academic Identity Status As A Lens Into Student Achievement, Jennette Allen-Mccombs

Journal of Educational Research and Practice

This study investigates the relationship between academic identity statuses and academic achievement at a U.S. northeastern college where 55% of the population is first-generation students. Using Was and Isaacson’s (2008) Academic Identity Measure, I assessed four identity statuses (achieved, foreclosed, diffused, and moratorium) among 424 students. Multiple linear regression analysis revealed that achieved identity status had the strongest positive effect on grade-point average (GPA), while diffused identity status showed the most significant negative impact. Additionally, birthplace and mother’s educational status emerged as significant demographic predictors of academic achievement. The findings suggest that students with foreclosed or diffused identities struggle with …