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The Miserable Loss from Yemeni Conflict: Can International Law Provide Reparation for Mental Injury? 也门冲突的惨痛损失：国际法能为精神伤害提供赔偿吗？
Hasanuddin Law Review Pub Date : 2020-04-26 DOI: 10.20956/HALREV.V6I1.2179
Komang Ayu Nuriasih, I. Arsika
{"title":"The Miserable Loss from Yemeni Conflict: Can International Law Provide Reparation for Mental Injury?","authors":"Komang Ayu Nuriasih, I. Arsika","doi":"10.20956/HALREV.V6I1.2179","DOIUrl":"https://doi.org/10.20956/HALREV.V6I1.2179","url":null,"abstract":"As the home of the world’s worst humanitarian crisis, Yemen can be an example to reveal how horrifying the mental health issues in conflicting areas can be. Since 2014, the ongoing conflict in Yemen has been resulting not merely in physical losses and injuries, but also mental catastrophe as its inevitable consequence. This article is a legal research that aims to analyze how mental injuries or psychological damages are being acknowledged as a real impact of armed conflict, to further be considered as a precondition for the reparation at the end of the conflict. The article suggests that the acknowledgment of the mental impacts of armed conflict needs to be taken into concern and consideration, especially from the perspective of  hard laws related to the IHL. Besides, the approach of soft law can be applied in attribution with the ongoing conflict in Yemen.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47097331","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
Letter of Credit Disputes from an Arbitration Perspective 从仲裁角度看信用证纠纷
Hasanuddin Law Review Pub Date : 2020-04-16 DOI: 10.20956/HALREV.V6I1.2136
Zaid Aladwan
{"title":"Letter of Credit Disputes from an Arbitration Perspective","authors":"Zaid Aladwan","doi":"10.20956/HALREV.V6I1.2136","DOIUrl":"https://doi.org/10.20956/HALREV.V6I1.2136","url":null,"abstract":"In a recent study, it might not be possible to refer letter of credit fraud cases to arbitration instead of litigation. Alavi’s research suggested that there could be some obstacles, such as obtaining banks’ response and cooperation; the different and high standards of proof of fraud required; and the difficulty in obtaining an injunction. His study answered a question proposed by Blodgett and Mayer as to whether arbitration would ever take place in letter of credit disputes.  This short research paper will answer this question, but from a different angle: whether arbitration will provide more appropriate judgments (award) than litigation regarding letter of credit disputes. This question arises from the writer’s observation that, in the past twenty years, different judgments have been issued for similar disputes.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44106878","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
Work and Lives in Makassar Coastal Community: Assessing the Local Government Policy 望加锡沿海社区的工作和生活：对地方政府政策的评估
Hasanuddin Law Review Pub Date : 2020-04-12 DOI: 10.20956/HALREV.V6I1.2281
Iin Karita Sakharina, Aidir Amin Daud, M. Hasrul, Kadarudin Kadarudin, H. Assidiq
{"title":"Work and Lives in Makassar Coastal Community: Assessing the Local Government Policy","authors":"Iin Karita Sakharina, Aidir Amin Daud, M. Hasrul, Kadarudin Kadarudin, H. Assidiq","doi":"10.20956/HALREV.V6I1.2281","DOIUrl":"https://doi.org/10.20956/HALREV.V6I1.2281","url":null,"abstract":"The Makassar City Regional Government formulated a policy that previously carried out Mapping conducted on the less prosperous Coastal community, so departing from the mapping results obtained then formulated a policy as in the development of human resources will be carried out in areas that most need to become a poverty pouch. Local government is the most relevant party to be responsible for increasing the budget. All components, which are responsible for improvement, for the Coastal community, and of course for all parties, who are responsible for improving the welfare of the Coastal community, each related agency provides a budget that is appropriate to the community's needs and the duties and functions of each of the relevant agencies. . In addition, it is in the interests of government policies that harm the Coastal community. The implementation of the reclamation policy which is detrimental to fisheries is of course counterproductive to other policies aimed at the welfare of the Coastal community.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45570372","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: 3
The Inconsistency of ICSID Awards Over Argentina Cases ICSID对阿根廷案件裁决的不一致性
Hasanuddin Law Review Pub Date : 2020-04-12 DOI: 10.20956/HALREV.V6I1.1844
M. A. Aiyub Kadir, Lena Farsia
{"title":"The Inconsistency of ICSID Awards Over Argentina Cases","authors":"M. A. Aiyub Kadir, Lena Farsia","doi":"10.20956/HALREV.V6I1.1844","DOIUrl":"https://doi.org/10.20956/HALREV.V6I1.1844","url":null,"abstract":"This paper discusses the inconsistency of International Centre for Settlement of Investment Disputes (ICSID) awards over an emergency situation in Argentina in 2001.  Utilising a doctrinal methodology under Third World Approach to International Law (TWAIL) paradigm, this paper explores the argument set out in Argentina case in the first trial and its appeals, then makes an effort to find out the better and systematic argument for Argentina. Therefore, this paper contributes to factually understanding the different argument from two perspectives in ICSID proceedings which has been contested and herewith proposed a better formulated argument for the future of ICSID awards making by placing economic development in Third World States as a basis of argument. Hence this argument can be used for the similar cases in the ICSID in future.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44893234","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
Evaluation of the Regulation Changes on Environment and Forestry in Indonesia 印度尼西亚环境和林业法规变化评估
Hasanuddin Law Review Pub Date : 2020-04-12 DOI: 10.20956/halrev.v6i1.2290
H. Helmi, Fauzi Syam, Nopyandri Nopyandri, Akbar Kurnia Putra
{"title":"Evaluation of the Regulation Changes on Environment and Forestry in Indonesia","authors":"H. Helmi, Fauzi Syam, Nopyandri Nopyandri, Akbar Kurnia Putra","doi":"10.20956/halrev.v6i1.2290","DOIUrl":"https://doi.org/10.20956/halrev.v6i1.2290","url":null,"abstract":"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 government regulation as mandated or the content of the regulation is not in line with the law.  If the President does form or enforce the implementation of government regulation, this means that the President violates his oath and promise to uphold the Constitution and to serve the nation. If the content of the regulation contradicts with the law, it can be canceled. In this situation, the government needs to realign the content of existing regulations. The ministry involved in legal drafting is called to oversee the content and follow through with revisions. All party involves in the making of law and regulation, such as the People Representatives, the President, or the Minister, is reminded to carefully formulate a government regulation.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46388354","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: 3
New Paradigm in Natural Resources Management: Securing Indigenous Peoples Rights 自然资源管理的新范式:确保土著人民的权利
Hasanuddin Law Review Pub Date : 2020-04-12 DOI: 10.20956/HALREV.V6I1.2267
F. Patittingi
{"title":"New Paradigm in Natural Resources Management: Securing Indigenous Peoples Rights","authors":"F. Patittingi","doi":"10.20956/HALREV.V6I1.2267","DOIUrl":"https://doi.org/10.20956/HALREV.V6I1.2267","url":null,"abstract":"The multi-decade struggle of indigenous communities in Indonesia to gain recognition of their collective rights and the reluctance of the state to act on their demands, now has come to a bright spot. The rights of indigenous peoples in natural resources management –in land and forests– get more recognition as well as protection since the Constitutional Court’s decision on forest law. The recognition of indigenous peoples and their traditional rights must be followed by exclusive rights to control and managing resources in their environment, such as land or forests, as the main source of livelihood for indigenous peoples (lebensraum). Hence, a legal policy is needed from the government that regulates and provides strict and clear recognition criteria for its existence and their rights to natural resources.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46663161","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
Much in Little: The Umbrella Clause that Changes the International Investment Protection Standard 少之又多：改变国际投资保护标准的保护伞条款
Hasanuddin Law Review Pub Date : 2020-04-12 DOI: 10.20956/HALREV.V6I1.1570
Kartika Paramita
{"title":"Much in Little: The Umbrella Clause that Changes the International Investment Protection Standard","authors":"Kartika Paramita","doi":"10.20956/HALREV.V6I1.1570","DOIUrl":"https://doi.org/10.20956/HALREV.V6I1.1570","url":null,"abstract":"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 its first discussion in the case of SGS v Pakistan, the clause grows to be one of the reasons for many countries to leave or reform their BIT model and changes the trend of international investment protection standard. This article addresses the different episodes of the umbrella clause alongside over the past decade. It projects the debate over the clause’s scope, its development, the governments' action, and their perception over it, and finally, how it changes the standard of investment protection in international treaties.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47865944","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
Upholding the Impartiality of Judges in Judicial Systems 坚持法官公正司法
Hasanuddin Law Review Pub Date : 2020-04-12 DOI: 10.20956/HALREV.V6I1.2268
Agus Nurudin
{"title":"Upholding the Impartiality of Judges in Judicial Systems","authors":"Agus Nurudin","doi":"10.20956/HALREV.V6I1.2268","DOIUrl":"https://doi.org/10.20956/HALREV.V6I1.2268","url":null,"abstract":"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 criminal justice is played by the judge as the core apparatus of judicial power, the principle of freedom and impartiality of judges in examining, hearing and deciding cases. The treatment in a crime must always be brought to the application of the principle of impartiality or treatment as referred in the principles of impartiality. Likewise, the principle of impartiality must not only be applied to suspects or defendants, it must be interpreted including the treatment of crown witnesses, victim witnesses and their families and also cannot be ignored about the existence of the community as legal subjects who have an interest in the implementation of public law.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44081776","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 Constitutional Interpretation on the Natural Resource: Originalist Vs Non-Originalist Interpretation 自然资源的宪法解释:原旨主义与非原旨主义的解释
Hasanuddin Law Review Pub Date : 2020-03-04 DOI: 10.20956/halrev.v5i3.2022
Herdiansyah Hamzah
{"title":"The Constitutional Interpretation on the Natural Resource: Originalist Vs Non-Originalist Interpretation","authors":"Herdiansyah Hamzah","doi":"10.20956/halrev.v5i3.2022","DOIUrl":"https://doi.org/10.20956/halrev.v5i3.2022","url":null,"abstract":"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 judicial review. On the other hand, constitutional interpretation on natural resource has to be based on original (originalist) interpretation rooted by original intent or text stated in the constitution of the republic of Indonesia year 1945, along with document of disagreement on its formulation (memorie van toelichting). Original interpretation is aimed at avoiding the shift at the origin of substantial intention of natural resources management.  Nevertheless, non originalis interpretation will remain usable, but it is limited only for technical level, so that natural resources management will stay updated while keeping the basic foundation of natural resources management as firmly stated in constitution.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48513727","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
Digital Assets: The Idea of Indonesian Property Law Reform and Its Potential as a Collateral Object 数字资产:印尼物权法改革思路及其作为抵押物的潜力
Hasanuddin Law Review Pub Date : 2020-01-27 DOI: 10.20956/halrev.v5i3.1735
T. Asmara, Lastuti Abubakar, Tri Handayani
{"title":"Digital Assets: The Idea of Indonesian Property Law Reform and Its Potential as a Collateral Object","authors":"T. Asmara, Lastuti Abubakar, Tri Handayani","doi":"10.20956/halrev.v5i3.1735","DOIUrl":"https://doi.org/10.20956/halrev.v5i3.1735","url":null,"abstract":"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 as digital assets in practice can be used as assets in business activities. This is proven by the existence of a YouTuber or content creator who sells his account for charity or commercial purposes. In the future, YouTube accounts can potentially be a digital asset that can be used as a collateral object due to its economic value. Nevertheless, based on the property of law in Indonesia, YouTube social media accounts as a digital asset cannot be qualified as an asset yet, therefore a redefinition, a reconceptualization and a reform of the property of law are considered necessary.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41588687","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
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