Hasanuddin Law Review最新文献_第10页

Implication of Regulation Authorities on the Efforts to Accelerate the Eradication of Corruption 监管机构对加快根除腐败工作的影响

Hasanuddin Law Review Pub Date : 2019-01-17 DOI: 10.20956/HALREV.V4I3.1078

Sukmareni Sukmareni, Elwi Danil, Ismansyah Ismansyah, Zainul Daulay

{"title":"Implication of Regulation Authorities on the Efforts to Accelerate the Eradication of Corruption","authors":"Sukmareni Sukmareni, Elwi Danil, Ismansyah Ismansyah, Zainul Daulay","doi":"10.20956/HALREV.V4I3.1078","DOIUrl":"https://doi.org/10.20956/HALREV.V4I3.1078","url":null,"abstract":"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 three institutions that were given the authority to investigate corruption crimes were administratively separated, but functionally these three institutions should collaborate to accelerate the eradication of corruption, but in practice this was not the case, each institution tended to be shackled by fragmentary and institutional nature. centric that does not support the eradication of corruption. This is because the regulation of the authority of each institution has not been strictly regulated, then the arrangements are not synchronized and among the existing legislation, so that there is overlap of authority due to differences in interpretation between investigators, which results in investigations not going well.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43775303","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Community Participation Arrangements to Prevent Illegal Drilling 防止非法钻探的社区参与安排

Hasanuddin Law Review Pub Date : 2019-01-06 DOI: 10.20956/HALREV.V4I3.1291

Iza Rumesten, R.S., Febrian Febrian, Helmanida Helmanida, Agus Ngadino

引用次数: 2

Environmental Policy, Public Health and Human Rights: Assessing the Regional Regulation on Waste 环境政策、公共卫生和人权：评估区域废物管理

Hasanuddin Law Review Pub Date : 2019-01-05 DOI: 10.20956/HALREV.V4I3.1413

T. N. Palilingan, D. Setiabudhi, Toar K.R. Palilingan

引用次数: 4

Fighting the Giants: Efforts in Holding Corporation Responsible for Environmental Damages in Indonesia 与巨人作战:印尼环境损害责任公司的努力

Hasanuddin Law Review Pub Date : 2019-01-03 DOI: 10.20956/HALREV.V4I3.1626

A. Afriansyah, Anbar Jayadi, A. Vania

{"title":"Fighting the Giants: Efforts in Holding Corporation Responsible for Environmental Damages in Indonesia","authors":"A. Afriansyah, Anbar Jayadi, A. Vania","doi":"10.20956/HALREV.V4I3.1626","DOIUrl":"https://doi.org/10.20956/HALREV.V4I3.1626","url":null,"abstract":"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 sense that there seems no deterrence ADR brings to the corporations when the corporations do indeed damages the environment. As the environmental awareness increases and at the same time, ADR seems fail to fulfill the expectation to save the environment, another way to bring justice emerges namely through various efforts in lawsuits. Nevertheless, such lawsuits are not perfect as there are varieties of results from Indonesian courts. This paper argues that such variety of decisions have been heavily influence by the availability of scientific data and the knowledge of the panel of judges. Specifically, in the case of class action lawsuit, those who defend the environment has limitation on resources usually initiate such lawsuit. Whereas, corporation that being sued is relatively have the capacity to face the trial due to its high financial resources. Nevertheless, “fighting the giants” has been the paradigm when it comes to pursue the responsibility of corporation of its wrongdoing especially environmental damages.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47238991","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

The Marrakesh Treaty and Facilitating Access to Literary Works in the Field of Knowledge for Blind People 《马拉喀什条约》和在知识领域为盲人获取文学作品提供便利

Hasanuddin Law Review Pub Date : 2019-01-02 DOI: 10.20956/HALREV.V4I3.1539

Kholis Rroisah, Wendy Budiati Rakhmi

引用次数: 0

Children and the Criminal Law: Legal Perspective as A Tool of Social Engineering 儿童与刑法:作为社会工程工具的法律视角

Hasanuddin Law Review Pub Date : 2019-01-01 DOI: 10.20956/HALREV.V5I3.2362

Muh. Fauzan Aries, Slamet Sampurno, M. Ashri, Hasbir Paserangi

引用次数: 0

Castration of Sex Offenders: Indonesian Criminal Law Reform 性犯罪者的阉割:印尼刑法改革

Hasanuddin Law Review Pub Date : 2019-01-01 DOI: 10.20956/HALREV.V5I3.2381

Irene Widiyaningrum, M. Akub, A. Razak, M. Riza

引用次数: 1

Problematic Policy: Environmental Impacts of Traditional Mining in Papua 问题政策:巴布亚传统采矿对环境的影响

Hasanuddin Law Review Pub Date : 2019-01-01 DOI: 10.20956/halrev.v5i3.2219

Hotlan Samosir

{"title":"Problematic Policy: Environmental Impacts of Traditional Mining in Papua","authors":"Hotlan Samosir","doi":"10.20956/halrev.v5i3.2219","DOIUrl":"https://doi.org/10.20956/halrev.v5i3.2219","url":null,"abstract":"Mining without permits has changed land cover in the mining area. The activities of people mining without permits have violated the principle of sustainable development, where the economic aspects take precedence over ecological and social aspects. The research is a normative-legal research using a statute, case and conceptual approaches. The research conducted in Nabire Regency, Papua, Indonesia. The results show that The activities of gold mining in Nabire regency which have been going on for decades have not been well-organized. The implementation of people mining has caused environmental damage, especially in the mining area. The environmental damage due to the weak role of Nabire government in terms of structuring efforts that began with the permitting process for the miners. The local government has the authority to establish regional regulations concerning people mining, so through this authority the management of people mining must be managed through permitting instruments. The authority of the permit only serves the local community as a participant after determining the rights and obligations of miners so that the implementation of people mining can be controlled by the local government by following the principles of sustainable development.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67759638","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Lessons Learned from the British Exit from the European Union for Indonesia and the ASEAN Economic Community 英国退出欧盟给印尼和东盟经济共同体带来的教训

Hasanuddin Law Review Pub Date : 2019-01-01 DOI: 10.20956/HALREV.V5I1.1850

Rahmi Jened, Betharia Noor Indahsari

引用次数: 0

Legal Protection for Domestic Workers: The Experience of Indonesia 家庭佣工的法律保护:印尼的经验

Hasanuddin Law Review Pub Date : 2019-01-01 DOI: 10.20956/HALREV.V5I3.2218

Sakka Pati

{"title":"Legal Protection for Domestic Workers: The Experience of Indonesia","authors":"Sakka Pati","doi":"10.20956/HALREV.V5I3.2218","DOIUrl":"https://doi.org/10.20956/HALREV.V5I3.2218","url":null,"abstract":"Given its social and economic invisibility and the accompanying low social status, domestic work is often exploitative. This research was aimed to find out and formulate the substance of legal protection for domestic workers in legislation in the field of labor in terms of the perspective of justice. It uses a statute, case, and socio-legal approaches. It was conducted in 3 (three) major cities, namely Jakarta, Yogyakarta and Makassar. The results of research showed that the substance of legal provisions in general for the protection of domestic workers, especially in labor legislation basically has not been able to guarantee justice and legal certainty because the responsibility of State has not been implemented in the existing legal substance. The paradigm of harmonization and the principles of legal agreements in the field of labor have not guaranteed justice and legal certainty for domestic workers. It is evidenced by the view of the profession of domestic workers who are positioned as informal workers, in addition they are not being accommodated as an element protected by law, it is also related to the protection of basic rights and labor social security does not cover the existence of domestic workers.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67759622","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0