Hasanuddin Law Review最新文献_第6页

Assessing the Liability Convention and the Indonesian Space Act in Light of Active Debris Removal 从积极清除碎片的角度评估《责任公约》和《印度尼西亚空间法》

Hasanuddin Law Review Pub Date : 2020-12-07 DOI: 10.20956/halrev.v6i3.2600

Runggu Prilia Ardes, Ridha Aditya Nugraha

{"title":"Assessing the Liability Convention and the Indonesian Space Act in Light of Active Debris Removal","authors":"Runggu Prilia Ardes, Ridha Aditya Nugraha","doi":"10.20956/halrev.v6i3.2600","DOIUrl":"https://doi.org/10.20956/halrev.v6i3.2600","url":null,"abstract":"DOI: 10.20956/halrev.v6i3.2600 As the orbit in outer space becomes denser, the drive to actively preserve the outer space increases. Active debris removal is the answer to this issue. It serves solemn purposes to maintain the space environment and prevent collision between space objects. This action requires high-level technology and techniques which make it prone to accidents. This article examines the applicability of Liability Convention of 1972 and Indonesian Space Act of 2013 for active debris removal and whether its provisions are sufficient for any future legal issues on this matter. A normative juridical method is used for the analysis. The Space Act from other States like France and Austria will also be briefly mentioned and compared to. At the end, it is concluded that although both of the legal instruments are suitable and applicable for active debris removal, there are still some essential aspects that need to be defined namely property and proof of fault. The paper suggests that it should be emphasized that only catalogued debris can be regarded as property, and that the term “fault” at the minimum should have a modest definition that captures the “deviation from the normal operation”.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44986747","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

Rethinking the Penalty of Illicit Enrichment Crime in Ethiopia: Lessons from Comparative Analysis 对埃塞俄比亚非法致富罪刑罚的再思考:比较分析的启示

Hasanuddin Law Review Pub Date : 2020-12-07 DOI: 10.20956/halrev.v6i3.2410

Diriba Tulu

{"title":"Rethinking the Penalty of Illicit Enrichment Crime in Ethiopia: Lessons from Comparative Analysis","authors":"Diriba Tulu","doi":"10.20956/halrev.v6i3.2410","DOIUrl":"https://doi.org/10.20956/halrev.v6i3.2410","url":null,"abstract":"DOI: 10.20956/halrev.v6i3.2410 The crime of illicit enrichment has been widely accepted as a useful mechanism for curbing corruption, both international and regional anti-corruption instruments. This article's main objective is to comparatively analyze the rationality and appropriateness of the penalty provided for illicit enrichment crime in the Ethiopian Corruption Crimes Proclamation compared with Hong Kong and Rwanda's legal regimes to draw some best lessons and way forwards for the identified problems. The article found that the Ethiopia Corruption Crimes Proclamation fails to set a minimum penalty limit and entails severe punishment in terms of imprisonment and fine that can convey a meaningful message to potential offenders. Thus, the penalty provided for the crime of illicit enrichment is designed in a manner in which the person who commits such crime has the chance to be less punished. In effect, this provision is inconsistent with the purpose of criminal law and major sentencing principles, but it also degenerates public confidence in the justice system. Therefore, Ethiopia needs to take a lesson from Hong Kong and Rwanda's experiences in incorporating severe and setting minimum limit of penalty for the crime of illicit enrichment that can convey a meaningful message to potential offenders.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45296447","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

Immunity of State Owned Non-Commercial Ships and Vessel Protection Detachments in the Foreign Criminal Jurisdiction 国有非商业船舶和船舶保护分队的外国刑事管辖豁免

Hasanuddin Law Review Pub Date : 2020-12-03 DOI: 10.20956/halrev.v6i3.2425

N. Nikhilesh

引用次数: 0

Current Issues of Taiwan's Marine Protected Areas Legal Regime 台湾海洋保护区法律制度之现况

Hasanuddin Law Review Pub Date : 2020-12-02 DOI: 10.20956/halrev.v6i3.2484

A. Nugraha

{"title":"Current Issues of Taiwan's Marine Protected Areas Legal Regime","authors":"A. Nugraha","doi":"10.20956/halrev.v6i3.2484","DOIUrl":"https://doi.org/10.20956/halrev.v6i3.2484","url":null,"abstract":"DOI: 10.20956/halrev.v6i3.2484 As an 'Ocean Nation,' it is essential for Taiwan to make efforts to conserve its aquatic zones through marine protected areas (MPAs). Marine protected areas have considered one of the most precise methods of maintaining sustainable ecosystems and restoring fish stocks. This article discusses the legal regime for marine protected areas currently applied and its institutional arrangements in Taiwan. This study emphasizes legal issues in Taiwan's marine conservation efforts. This paper analyzes eight primary legislation relating to marine protected areas in Taiwan. Furthermore, to acquire actual field data, this study conducted interviews with a semi-structured questionnaire in three prominent Taiwan institutions related to their marine conservation task. All data obtained were analyzed and presented qualitatively. The issues of Taiwan's marine protected area legal regime have been identified. First, the main issue in Taiwan is that the legal basis for marine conservation is the legislation applied to land. Second, the existing maritime law regime in Taiwan does not emphasize marine conservation efforts. Subsequently, this article also discusses institutional arrangements related to Taiwan's marine protected areas. This paper also offers possible solutions. Enforcing five key Acts related to marine conservation, particularly the 2015 Act of Coastal Zone Management and strengthening institutional Taiwan's Ocean Affairs Council, are the solutions offered in this study.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42594340","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

Multilayered Democracy in Papua: A Comparison of “Noken” System and Electoral College System in the United States 巴布亚的多层民主:“诺肯”制度与美国选举团制度之比较

Hasanuddin Law Review Pub Date : 2020-12-02 DOI: 10.20956/HALREV.V6I3.2892

A. Yunus

引用次数: 5

Boko Haram Terrorism and a Threat to Right to Education 博科圣地恐怖主义对受教育权的威胁

Hasanuddin Law Review Pub Date : 2020-09-04 DOI: 10.20956/HALREV.V6I2.2019

A. Joshua

{"title":"Boko Haram Terrorism and a Threat to Right to Education","authors":"A. Joshua","doi":"10.20956/HALREV.V6I2.2019","DOIUrl":"https://doi.org/10.20956/HALREV.V6I2.2019","url":null,"abstract":"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 Nigeria and its effects on education, particularly in the areas affected. The purpose of this paper is to discuss the long term consequences of the Boko Haram terrorism on the right to education, as guaranteed by the 1999 constitution, in the affected areas of Nigeria. The paper traces the origin and factors that aided the Boko Haram terrorism. It also considers the extent of the effectiveness of the response of the Nigerian government in tackling the problem. The findings prove that, although the response of the government has been active, yet it has not been effective in curtailing the terrorist activities. This has negatively impacted on education in the affected areas of the Northern Nigeria. The paper suggested measures to address the problem.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46269008","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

Dual Nationality of the Ships and its Legal Impact 船舶的双重国籍及其法律影响

Hasanuddin Law Review Pub Date : 2020-08-11 DOI: 10.20956/halrev.v6i2.2246

Zaid Aladwan

引用次数: 2

Children's Recidivist who Conducted Criminal Act: Legal Psychology Perspective 实施犯罪的儿童累犯：法律心理学视角

Hasanuddin Law Review Pub Date : 2020-08-11 DOI: 10.20956/HALREV.V6I2.1676

R. Ratnawati

引用次数: 2

The Imposition of Sanctions for Children 对儿童的制裁

Hasanuddin Law Review Pub Date : 2020-08-11 DOI: 10.20956/halrev.v6i2.2493

Rafika Nur, Handar Subhandi Bakhtiar

引用次数: 6

The Space Rush: Reviewing Indonesia’s Space Law in Facing the Rise of Space Mining 太空热潮:面对太空采矿兴起回顾印尼的太空法

Hasanuddin Law Review Pub Date : 2020-08-11 DOI: 10.20956/HALREV.V6I2.2174

Shannon Suryaatmadja, Vicia Sacharissa, Konrardus Elias Liat Tedemaking

{"title":"The Space Rush: Reviewing Indonesia’s Space Law in Facing the Rise of Space Mining","authors":"Shannon Suryaatmadja, Vicia Sacharissa, Konrardus Elias Liat Tedemaking","doi":"10.20956/HALREV.V6I2.2174","DOIUrl":"https://doi.org/10.20956/HALREV.V6I2.2174","url":null,"abstract":"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 provisions regarding ownership of space resources, and the lack of inclusion of private actors, especially considering their role in furthering the space mining industry. This article also examines Indonesia’s regulation on space activities, including mining and provide recommendations. Current regulations imply there is a vision for Indonesia to be a large space actor in the future, but no instrument puts specific focus as of yet to space mining. Lack of dedicated funding and technology also exist, but there are various opportunities to attain this, provided Indonesia is able to utilize them for national interests.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44612858","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