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Rule Of Law And Human Rights Challenges In South East Asia: A Case Study Of Legal Pluralism In Indonesia, Saldi Isra, Ferdi Ferdi, Hilaire Tegnan

Hasanuddin Law Review

It has been over 72 years since Indonesia proclaimed her independence on 17 August 1945. However, the 350 years of the Dutch colonization is still impacting the lives of the Indonesian people. The difficulties faced by the Indonesian legal system as the government tries to accommodate adat (custom) and religion principles within the national law and the extent to which this legal mechanism affects the everyday life of the Indonesian people. In a nation where customs and religion are so preeminent, setting up an all-inclusive document meant to be the foundation of the state’s legal system at the dawn of …

The Cancellation Of Environmental License Of Pt. Semen Indonesia: A Strategic Environmental Assessment, Edy Lisdiyono

Hasanuddin Law Review

Debate over the construction of a cement factory in Rembang Regency between the community groups of Kendeng mountain care is in relation with the issuance of the environmental license No. 660.1/17 of 2012 by the Governor of Central Java. It had been declared null and void by the Supreme Court of the Republic of Indonesia based on the decision in the case register No. 99 PK/TUN/2016. The reason for the submission of the cancelation to the Environmental License of PT. Semen Indonesia in Rembang Regency, the community who cares about Kendeng mountains was because the process of submitting the mining …

Embodiment Principles Of Clearing Justice In Consumer Arbitration, Azwir Agus

Hasanuddin Law Review

The realization of the principle of justice in proving the settlement of consumer disputes through arbitration in Indonesia is equally important. Undeniable, there is a weakness of the consumer protection law, both substantial norms and formal law. This article is normative legal research that refers to norms and legal principles in the legislation or court decisions. The results show that the proof is one of the trials that plays an important role. In general, the verification system is distinguished based on civil law and common law understandings influenced by various proof system theories such as the presumption of liability principle …

Accountability In Government Contracts: A Measure Of Performance From The Commitment-Making Officials?, Mohammad Zamroni

Hasanuddin Law Review

Public-private partnership is an alternative defrayal which gives chances for private sectors to get engaged in financing the government’s good and service suppliers through business contract. As contracts commonly made, failure may happen while implementing the contract, known as a tort. Therefore, government contracts are conducted by Commitment-Making Officials (hereinafter, PPK), authorized to make and implement it. Thus, the accountability over the contract failure is inseparable with the authorized PPK. This study aimed to examine the accountability of PPK when failures happen in the implementation of government contract. This paper using legal research method along with statute and conceptual approaches, …

Crowdfunding-Based Fiduciary Warrant In Providing Capital Loans For Small And Medium Enterprises, Ninis Nugraheni

Hasanuddin Law Review

Small and Medium Enterprises (SMEs) are organized through people's creativity in developing human and natural resources. However, investment challenges often affect their implementation and production processes, necessitating solutions, such as capital loans from banks and other entities. Crowdfunding is an online loaning service that provides easily accessible loans to SME startups, though a warrant to protect creditors from losing money to ingenuine people is necessary. Therefore, this study examines the appropriateness of a fiduciary warrant as a SMEs collateral object. When fiduciary is used as a loan warrant, debtors are allowed to use collateral objects in their production processes. To …

Measuring The Low-Income Earner On Housing Access In Urban Areas Of Indonesia And Malaysia, Mazliza Mohamad, Ricco Survival Yubaidi, Safinaz Mohd Hussein, Rahmah Ismail, Suzanna Mohamed Isa, Saidatul Nadia Abdul Aziz

Hasanuddin Law Review

The ratio between the increased demand and limited land makes affordable housing in urban areas more difficult to accommodate. Indonesia and Malaysia, as populous countries, face problems related to housing access, especially for low-income earners in urban areas. The research was undertaken for two reasons. First, problems related to housing access for low-income earners in urban areas should be solved as soon as possible. Second, it is necessary to conduct a study in order to analyze and compare these two countries in measuring low-income earners on housing access in urban areas. To this end, the normative legal approach was applied. …

The Creation Of The Right Of Real Servitude: Derivative And Original Method Based On The Kosovo And Some European Countries, Kastriote Vlahna, Hajredin Kuçi

Hasanuddin Law Review

Legal provisions define the right of servitude as a real right both in local legislation and in the legislation of European countries. Based on the local legislation, some shortcomings are encountered when it comes to the right of servitude, particularly the right of servitude in kind. An issue that will have to be addressed and compared with the legislation of other countries is the crime of the right of real servitude, based on the ways of creating this right. Based on the local legislation, it is emphasized that the right of real servitude can be created based on a legal …

Tudang Sipulung: A Conflict Resolution Wisdom Of Bugis-Makassar Community, Muhammad Syarif Nuh

Hasanuddin Law Review

This article explores local wisdom “tudang sipulung” (seated together), as conflict settlement medium of Bugis-Makassar Community of South Sulawesi, Indonesia.Tudang sipulung is one of the social institutions that owned the Bugis-Makassar South Sulawesi as a conflict resolution. Tudang sipulung was originally only known in the agricultural community in resolving conflicts related to agriculture, and developing relevant social disputes. Formally, this Tudang Sipulung accommodated by Police in South Sulawesi in the form of a forum called the Mabbulo Sibatang Communication Forum (FKMB) to resolve the conflict. FKMB essence is tudang sipulung between the government, the team of FKMB Police, religious leaders, …

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 …

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 …

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 …

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, …

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 …

Back-Matter, Ahsan Yunus

Hasanuddin Law Review

No abstract provided.

The Land Rights Of Indigenous Peoples: Revaluation Of Papua Special Autonomy, Eddy Pelupessy

Hasanuddin Law Review

The purpose of Special Autonomy for Papua is to resolve the source of the problem in Papua, especially concerning the rights of indigenous peoples. Normatively, the background of local autonomy for Papua is affirmed in Act No. 21 of 2001 on Papua Special Autonomy. The results shows that the recognition and protection of the land rights of indigenous peoples have been set clearly in the national legal system, such as Agrarian Law, Forest Law, as well as in Mineral and Coal Mining Law. However, recognition and protection of indigenous peoples’ rights to land in various legal products is still ambivalent. …

Legal Standing Of Customary Land In Indonesia: A Comparative Study Of Land Administration Systems, Mustafa Bola

Hasanuddin Law Review

Prove of land ownership by customary land is generally unwritten, just a confession of the surrounding communities with nature sign boundaries. If land ownership cannot be supported by strong evidence, the land may be registered by someone else who has getting physically for 20 years or more in consecutively and qualified on Government Regulation No. 24 of 1997 concerning Land Registration. Proof of old rights derived from the customary land law is rationally difficult to prove because there are no written documents. Customary land law does not know written ownership, only physical possession continually so it is very prone to …

Understanding The Characteristics Of Dispute Settlement In Sharia Economic System, M. Arfin Hamid

Hasanuddin Law Review

One of the most developed areas of Islamic law (sharia) today is “Fiqh Muamalah Iqtishadiyyah” or known as term “Sharia Economics.” The outcomes of the research indicate that the characteristics of sharia dispute are important to be understood by sharia businessmen and law enforcers. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. The sharia economic disputes, whether through litigation or non-litigation is not a means to profit, but solely to resolve disputes in accordance with sharia principles. the settlement of sharia disputes is still not …

Assessing The Impact Of The Brent Spar Incident On The Decommissioning Regime In The North East Atlantic, Ngozi Ole, Hemen Philip Faga

Hasanuddin Law Review

The advent of deep-water oil exploration has increased concern for the impact of oil activities on marine environment, especially regarding disused or decommissioned facilities offshore. Before the Brent Spar incident, which galvanised international efforts to protect the environment, international and regional legal instruments on decommissioning of offshore oil installations was weak and ineffective in protecting the environment from the effect of disused facilities. This paper examined the efforts made by international and regional actors to remedy the lapses of the pre-Brent Spar legal instruments on decommissioning of offshore oil facilities, especially regarding the new provisions on environmental protection. The paper …