Digital Commons Network^™

Upholding The Impartiality Of Judges In Judicial Systems, Agus Nurudin

Hasanuddin Law Review

Free and impartial justice is a characteristic and ideal of a constitutional State. In societies with a free and open judiciary system, individuals are permitted to challenge a judge's verdict, ability to remain impartial, and conduct. This article a doctrinal research with statute, comparative, and conceptual approaches. Meanwhile, data were analyzed descriptively, consisting of quotes. The results show that impartiality legal process (free from pressure, both physical and psychological and impartial) is a characteristic of a constitutional State. In the criminal justice system has received a full principle of free and impartial justice. At the lowest level, this principle in …

Digital Assets: The Idea Of Indonesian Property Law Reform And Its Potential As A Collateral Object, Teguh Tresna Puja Asmara, Lastuti Abubakar, Tri Handayani

Hasanuddin Law Review

Digital assets in the broadest sense can be interpreted to cover all electronic assets including social media accounts. Nowadays, besides being used to interaction, social media accounts can also be utilized to gain income or material benefits. In addition, social media accounts are generally handled by influencers with abundant followers. One of the social media used by influencers on the internet is YouTube. The social media actors on YouTube are referred to as YouTubers or content creators. This research is a normative juridical legal research with the descriptive method of analysis. The result of the study shows that YouTube accounts …

Post-Asean Agreement On Transboundary Haze Pollution: How To Settle The Dispute Settlement?, Fadia Fitriyanti, Yordan Gunawan

Hasanuddin Law Review

Forest fire happened several times in Indonesia which impacting neighboring countries, such as Malaysia and Singapore. ASEAN tried to "heal" and prevent the possibility of similar events by signing the ASEAN Agreement on Transboundary Haze Pollution (AATHP) for its members. In line with that, this research examined the concern of the state responsibility principle and its dispute resolution as well as a mechanism under the Agreement in dealing with the transboundary haze pollution in ASEAN. The research conducted by using normative theory by using primary, secondary and tertiary legal materials, collected from library research. Data analysis uses statute approach and …

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 Space Rush: Reviewing Indonesia’S Space Law In Facing The Rise Of Space Mining, Shannon Suryaatmadja, Vicia Sacharissa, Konrardus Elias Liat Tedemaking

Hasanuddin Law Review

Space technology development shows feasibility of actualizing future space mining. There are numerous efforts to utilize resources from celestial bodies; whether as fuel, an alternative source for scarce minerals, or as an in-situ support for future human habitation in outer space. This article identifies potential clashes between ongoing space mining practices and the interests of developing nations. The main concern is accessibility: will the race to dominate space mining leave no room for non-space faring nations to utilize space resources, or even access potential space mining locations? The current international space law has several loopholes such as the absence of …

Boko Haram Terrorism And A Threat To Right To Education, Ayobami Samson Joshua

Hasanuddin Law Review

The government shall direct its policy towards giving to the citizens equal and adequate educational opportunities at all levels. Although, not classified as a fundamental right, this constitutional prescription remains at the forefront of the basic objectives of the Nigerian government; yet, despite this laudable objective, the Northern region of Nigeria has a consistent record of low enrolment rate of indigenous pupils in schools, thereby creating a noticeable disparity between the North and South of Nigeria in terms of education. It is against this background that this paper discusses the evolution, incidences and enabling circumstances of Boko Haram terrorism in …

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 …

Covid-19 Crisis And Environmental Law: Opportunities And Challenges, Nima Norouzi, Elham Ataei

Hasanuddin Law Review

With the outbreak of Covid-19 globally, many measures were taken to reduce this epidemic’s effects. The most important of these was the advice to stay home, which became the main line of witness slogans. With this recommendation, schools, offices, and factories were closed. The Covid-19 epidemic has had a profound effect on people’s lifestyles and is likely to have other consequences. The article’s main question is: What opportunities and challenges do the Covid epidemic pose to the environment, and how does it affect environmental rights? Quarantine policies have led to reduced production and transportation and a significant reduction in the …

Legal Problems Of Environmental Impact Assessment In Thailand Calling For Law Revision, Darika Phothiruk

Hasanuddin Law Review

The Environmental Impact Assessment (EIA) is well-known and widely used as an essential tool for environmental management. Over the past 40Â years, there have been problems and obstacles in law enforcement and prosecutions in many cases under the EIA laws related to national development projects in Thailand. For this reason, this article aims to present the results of a study of the legal measures on the EIA process in Thailand. This study was conducted through reviewing concepts and theories concerning the EIA and related laws both in Thailand and abroad. The main objective of this study was to analyze …

Animal Welfare And Covid-19 In Indonesia: A Neglected Legal Issue, Myrna Asnawati Safitri, Firman Firman

Hasanuddin Law Review

The Covid-19 pandemic currently infecting the world population comes from the Coronavirus (SARS-CoV-2) transmitted initially from animals to humans, then between humans. This disease is referred to as zoonosis. Covid-19 discourse is generally about zoonotic transmission from animals to humans. Not much attention has been given to the potential transmission from humans to animals. In several countries, cases indicating the exposures of animals with the Coronavirus have been found. Thus, a discussion on the vulnerability of exposure to animals with the Coronavirus is significant to scientifically discussed. Unfortunately, concerns about this problem are still voiced by the mass media. Limited …

Barriers To The Enforcement Of Environmental Law: An Effect Of Free Market Domination And Regional Autonomy In Indonesia, Jean Claude Geofrey Mahoro, F.X. Adji Samekto

Hasanuddin Law Review

This paper discusses different issues relating to the enforcement of environmental law in Indonesia in the long way of the Indonesian government to sustainable development. To reach reliable conclusion, socio-legal approach was employed in this paper. Throughout the work the researcher analyses environmental philosophies including anthropocentrism, biocentrism and ecocentrism. This phenomenon does not only pose responsibility to the government but also to private individuals or companies in their operations in order not to leave burdens to the shoulders of future generations. This ideology was not well ensured in the free-market economy and regional autonomy as the proliferated regulations were not …

Tendering In Assignment Of The Administrative Contract: A Comparison Of Egyptian Tender Law And Saudi Government Tenders And Procurement Law, Awad Ali Alanzi

Hasanuddin Law Review

Administrative contracts are conducted to meet government agencies' requirements in terms of procurement, which is done by tendering. The government infrastructure demand and day-to-day other needs are contracted with vendors, who render their services by applying the announced tender. Hence, the legal framework related to tendering is very important, which protects the legal rights of tender authority and vendors. This present research aims to explore the tendering law in Saudi Arabia and Egypt, having a close legal framework regarding tendering. Egypt is carrying the tender law of 1998, which is updated in 2018 recently. Moreover, tendering in Saudi Arabia depends …

The Law In The Face Of The Covid-19 Pandemic: Early Lessons From Uruguay, Nima Norouzi, Heshmat-Ullah Khanmohammadi, Elham Ataei

Hasanuddin Law Review

The Corona crisis is one of the crises that has engulfed the world and Uruguay and has marked all human beings' death and life. This crisis has many legal, political, social, and economic dimensions and has and will have different consequences in this area. So far in the last two centuries, twelve major epidemics of infectious diseases and fifteen famines, and severe droughts have engulfed our world, but this crisis is "of a different kind." It has been less critical to cover the whole world. Infect millions of people, create new words in cultures, and announce major changes in international …

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 …

Features Of Remote Work In Ukraine And The European Union: Comparative Legal Aspect, Oleg Yaroshenko, Nataliia Melnychuk, Sergiy Moroz, Olena Havrylova, Yelyzaveta Yaryhina

Hasanuddin Law Review

The relevance of the study is based on the development of scientific and technological progress and the expansion of the labor market, including in the framework of international cooperation. Moreover, the introduction of quarantine due to the spread of Covid-19 has led to increased attention to remote work. The aim of the study is to analyze the legal aspects of remote work in accordance with the labor legislation of Ukraine and the European Union, focusing on the concept of remote work, the rights and obligations of remote workers. In our study, we determined that in the European Union, the key …

Human Rights, Islamophobia, And The War On Terrorism, Aidir Amin Daud

Hasanuddin Law Review

Declaration of Human Rights is one of the universal law products, which has become an agreement for the civilization of nations. Hence, everyone has the right to recognition everywhere as a person before the law. One of the substances of Human Rights principles is not to allow the growth of repressive attitudes from all elements in society. Including the attitude and role of the media as the guardian of human rights. This study analyzes the role of media in the production process of anti-Muslim frames, contributing to the growth of islamophobia, thereby supporting the government's repressive efforts and ignoring human …

The Vulnerability Of Women In Dealing With Covid-19 Pandemic: Feminist Legal Theory Approach, Linda Sudiono

Hasanuddin Law Review

Women are one of the community groups most affected by Covid-19 because most are workers with lower incomes and unprotected financial security. Moreover, most women occupy the informal sector, which is more vulnerable in accessing social security guarantees. In addition, domestic violence against women increases in several countries during the pandemic. This article aims to analyze the causes of the negative impacts of the Covid-19 pandemic on Women and formulate the legal solution using the Feminist Legal Theory approach. The results show that there are broadly two causes of negative impacts for women dealing with Pandemic Covid-19. Firstly, due to …

Implementation Of Civil Rights Against Vulnerable Groups In The Legal And Constitutional System In Indonesia, Rudy Rudy, Rudi Natamiharja, Jalil Alejandro Magaldi Serna, Ahmad Syofyan

Hasanuddin Law Review

Constitutional Court is established as an effort to uphold the rule of law and provide maximum protection for democracy as well as human rights, particularly civil rights. The main purpose of the rule of law is to protect citizens' freedom from state power. Therefore, this study aims to examine the implementation of civil rights against vulnerable groups in the Indonesian legal and constitutional system. Data were analyzed using a normative juridical approach by examining theories, concepts, legal principles, and statutory regulations obtained from legal sources such as books, articles/writings, and other documents. The government issued various laws and regulations with …

Will Formalities During The Pandemic: A Comparative Study Of Malaysia And Selected Jurisdictions, Gary Kit Min Ng, Chee Ying Kuek, Eng Siang Tay, Francesca Nyuk Oi Chin, Joanne En Ling Lau

Hasanuddin Law Review

Most countries around the world have entered the endemic stage of the novel coronavirus after 2 years of battling with the soaring rise of infections among the people. As of 1 April 2022, Malaysia, a country which has one of the highest rates of infection per capita in Southeast Asia, has entered the endemic phase of Covid-19. For a will to be valid in Malaysia, the formalities in the Wills Act 1959 (Revised 1998) must be strictly conformed to. A slight deviation from the formalities would render invalid the will that conveys the testamentary intention of the testator. The Covid-19 …

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 …

What Could Asean Learn About Bankruptcy Law From Asean Partner Countries, China And Japan?, Suwinto Johan, Amad Sudiro, Ariawan Gunadi

Hasanuddin Law Review

By 2021, Japan will have the third-largest economy in the world, behind China, which is currently the world's second-largest economy. China accounts for 17.9% of the global gross domestic product (GDP), while Japan accounts for 5.4 percent. In 2022, the Association of Southeast Asian Nations (ASEAN) and Asia Pacific countries, such as Australia, will establish the RECP (Regional Comprehensive Economic Partnership), becoming the world's largest free trade area cooperative bloc. On the other hand, it brings within several investment risks. Undertakings succumbing in the financial hardships or financial default will be manifested. Diverse legal systems result in different approaches to …

Legal Cooperation In The Asean Maritime Environment In The Free Trade Era: Its Implication For Indonesia, Idris Idris, Arfin Sudirman, Mursal Maulana, Amanda Yola

Hasanuddin Law Review

For the past 30 years, an estimated 50 percent of the coral reef population has declined as a result of overfishing, pollution, coastal development, and climate change. Such decline risks jeopardizing livelihoods and the capacity for disaster risk reduction, as well as endangering marine biodiversity. With the emergence of free trade and the high mobility of modern ships, trade goods all over the world are increasingly affected by marine pollution. Since 1992, at least 600,000 tons of oil have entered the oceans each year, primarily from normal shipping operations, accidents, and illegal discharges, which contribute to more pollution than does …

The Presence Of The Defense Lawyer In Vietnam’S Criminal Justice System: Substantive Or Cosmetic?, Le Lan Chi, Nguyen Thi Lan, Nguyen Hoang Ngan

Hasanuddin Law Review

Defense lawyers play an important role in protecting the rights and interests of the accused, contributing to upholding justice and reducing the number of wrongful convictions. In Vietnam, in accordance with the current Criminal Procedure Code of 2015, defense lawyers have been given more and more rights to perform legal defense activities. However, defense lawyers are still considered to be passive participants in criminal proceedings, classified under the “judicial complementary” group. The right of lawyers to collect evidence is restricted. Furthermore, other rights have not been fully implemented. The number of lawyers compared to the entire population remains low, and …

The Impact Of Indonesia's Mining Industry Regulation On The Protection Of Indigenous Peoples, Mohammad Jamin, Abdul Kadir Jaelani, Mulyanto Mulyanto, Reza Octavia Kusumaningtyas, Duc Quang Ly

Hasanuddin Law Review

The government has established various policies regarding mining in Indonesia. Still, an important question that needs to be asked is whether these policies have provided benefits, justice, and balance for indigenous and tribal peoples. This study aims to analyze the impact of Indonesian mining regulations on the protection of indigenous peoples. This is a normative legal research effort. The literature review gathers information from document analysis, which is analyzed qualitatively. Data analysis is descriptive-analytic in nature. The study results show that the impact of mining regulations still needs to reflect the recognition and protection of the rights of indigenous peoples. …

Legal Status Of Cryptocurrency Circulation In Iraq: Lessons From The United Arab Emirates And The United States, Ghassan Adhab Atiyah, Nazura Abdul Manap, Saidatul Nadia Abd Aziz

Hasanuddin Law Review

The philosophical emergence of cryptocurrencies is a consequence of the desire to get rid of the authorities’ control of the monetary system, which encouraged people to deal with it for investment or to facilitate the fulfilment of their financial obligations. The research problem is represented through the lack of legislation that regulates dealing with cryptocurrencies in Iraq. There are many technical, legal, and security risks for the use and circulation of cryptocurrency, which must be legally addressed and suitable solutions found. Therefore, this article aims to examine and analyse the legal status of cryptocurrencies in selected jurisdictions through multiple stages, …

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 …

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 …

Intercountry Adoption In Malaysia And Morocco: A New Frontier, Nadhilah A. Kadir, Azizah Mohd

Hasanuddin Law Review

Intercountry adoption offers a family-based care option for children in need of care and protection. It allows them to find loving and permanent homes outside their birth country, providing them with stability, support, and a sense of belonging essential for their well-being. The Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption 1993 (Hague Convention 1993) serves as the primary international legal instrument governing intercountry adoption. Despite its importance, intercountry adoption remains relatively uncommon in Malaysia, as the country lacks specific statutory provisions and is not a signatory to the Hague Convention 1993. The purpose of …

Human Right To Access Public Information: The Experience Of Ukraine And The Practice Of The Ecthr, Oleksandr Mykhailovych Shevchuk, Oleкsandr Mykhailovych Drozdov, Vadim Anatoliyovych Kozak, Anastasiia Oleksandrivna Vyltsan, Оlena Volodymyrivna Verhoglyad-Gerasymenko

Hasanuddin Law Review

The guarantee of ensuring the right to access public information is an important condition and criterion for functioning in a legal democratic state. In addition, realizing the right to access public information is essential for preventing and detecting corruption. The purpose of this work is to analyze international legal rules and standards, as well as to provide some examples of the practice of the European Court of Human Rights in the context of the implementation of the right to access public information. It has been established that the right to access public information is a component of the human right …

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 …