Hasanuddin Law Review最新文献_第8页

Fake News as a Democratic Anathema: A Comparative Study between India and Indonesia 假新闻是民主的诅咒:印度和印度尼西亚的比较研究

Hasanuddin Law Review Pub Date : 2019-12-26 DOI: 10.20956/halrev.v5i3.2033

I. Sharma, Mansi Aggarwal

引用次数: 1

The Values of Pancasila in Electronic Banking Agreement Pancasila在电子银行协议中的价值

Hasanuddin Law Review Pub Date : 2019-12-24 DOI: 10.20956/halrev.v5i3.2150

A. T. Famauri

{"title":"The Values of Pancasila in Electronic Banking Agreement","authors":"A. T. Famauri","doi":"10.20956/halrev.v5i3.2150","DOIUrl":"https://doi.org/10.20956/halrev.v5i3.2150","url":null,"abstract":"Pancasila as a state’s foundation (philosophische grondslag), its values have exist, inherent and predicted in daily life as a way of life; therefore the material of Pancasila in the form of these values is the Indonesian Nation itself. The research is a normative-legal research. The research approach uses a statute, historical and conceptual approaches. The results show that Pancasila as the State’s foundation (Philosophische Grondslag) is universal and open, especially in the life of nation; it can be used in all aspects of life. Changes in banking activities, from conventional to electronic banking (e-banking) cannot be avoided again. The elements of morality and good values in banking are much needed, because banks as financial institutions that manage public money as customers have a great responsibility must be accompanied by honesty and dedication as important elements in trust. Consider the foundation of business in the banking sector is trust. The principle of good faith is placed as super eminent principle in the agreement. It is based on the principle of good faith related with the behavior of someone that becomes a basis for the agreement to bind them (pacta sunt servanda). Thus, the basic values of Pancasila that emphasize fair and civilized humanity can be applied as part of the values that live in Indonesian peoples.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43913226","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

Post-Asean Agreement on Transboundary Haze Pollution: How to Settle the Dispute Settlement? 后东盟越境雾霾污染协定：如何解决争端？

Hasanuddin Law Review Pub Date : 2019-12-24 DOI: 10.20956/halrev.v5i3.1541

F. Fitriyanti, Y. Gunawan

{"title":"Post-Asean Agreement on Transboundary Haze Pollution: How to Settle the Dispute Settlement?","authors":"F. Fitriyanti, Y. Gunawan","doi":"10.20956/halrev.v5i3.1541","DOIUrl":"https://doi.org/10.20956/halrev.v5i3.1541","url":null,"abstract":"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 case approach. Furthermore, the resulting research is in the form of analytical descriptive. The researchers argue that AATHP it is not explained in detail about the forms, mechanisms, and consequences that can be given to a country that has caused forest fires in the national jurisdiction and proven damage other countries. The researchers conclude that there should be a clear definition of state responsibility by means of a visible dispute settlement. Those mentioned steps are aimed to prepare for both preventive and punitive legal action for all members of ASEAN in dealing with the case of transboundary haze pollution.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45100516","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

Reconciliation of Humanitarian Law and Human Rights Law in Armed Conflict 武装冲突中人道法与人权法的和解

Hasanuddin Law Review Pub Date : 2019-08-23 DOI: 10.20956/HALREV.V5I2.1348

M. Ashri

{"title":"Reconciliation of Humanitarian Law and Human Rights Law in Armed Conflict","authors":"M. Ashri","doi":"10.20956/HALREV.V5I2.1348","DOIUrl":"https://doi.org/10.20956/HALREV.V5I2.1348","url":null,"abstract":"A common insight on human rights law as an instrument that aimed to protect the human dignity and values are often regarded to be separate from international humanitarian law. In relation to the norms, the difference between the two concepts related to the current conflict arise many debates. This paper reviews the common thread of the two international legal instruments. The connection between the two can be elaborated by explaining the concept; similarities and dissimilarities; and linking the basis for the establishment of legal instruments between human rights law and international humanitarian law. The results of research indicated that between international humanitarian law and human rights law have relevant rules applied in conflict situations. International humanitarian law as an instrument of international law is specifically applied in situations of armed conflict, whereas human rights law as a general instrument can be applied both in peace or conflict conditions. In a condition of armed conflict, international humanitarian law as a lex specialist is not widely interpreted to set aside human rights law. Human rights law is applied if facts or incidents exist in armed conflict that is contrary to human values.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44897190","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

Concept and Position of Peremptory Norms (Jus Cogens) in International Law: A Preliminary Study 超越规范在国际法中的概念与地位初探

Hasanuddin Law Review Pub Date : 2019-08-23 DOI: 10.20956/HALREV.V5I2.1709

I. Handayani

{"title":"Concept and Position of Peremptory Norms (Jus Cogens) in International Law: A Preliminary Study","authors":"I. Handayani","doi":"10.20956/HALREV.V5I2.1709","DOIUrl":"https://doi.org/10.20956/HALREV.V5I2.1709","url":null,"abstract":"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 theory is not in line with the concept that jus cogens bound to states without their consent since every state has their sovereignty and cannot be bound by any kind of provision without consent. The proponents of the natural law theory stated that peremptory norms are inherited from the tradition of natural law so that it is the highest norm in international law that directly binds countries. On the other hand, the public order theory states that international law recognizes important (imperative) norms, which are hierarchically higher than ordinary norms and customary international law to advance the interests of the international community and to preserve the main values of international law. The three theories are considered insufficient to answer the philosophical basis of jus cogens. In its development, therefore, some new theories have been developed to challenge the basis of jus cogens.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48864825","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

The Role of Indonesian Constitutional Court in Resolving Disputes among the State Organs 印度尼西亚宪法法院在解决国家机关争端中的作用

Hasanuddin Law Review Pub Date : 2019-08-14 DOI: 10.20956/HALREV.V5I2.1669

I. Satriawan, K. Mokhtar

{"title":"The Role of Indonesian Constitutional Court in Resolving Disputes among the State Organs","authors":"I. Satriawan, K. Mokhtar","doi":"10.20956/HALREV.V5I2.1669","DOIUrl":"https://doi.org/10.20956/HALREV.V5I2.1669","url":null,"abstract":"The paper attempts to assess the role of the Constitutional Court of Indonesia in the process of consolidating democracy in the country. Examinations are made on the court’s decisions regarding dispute concerning jurisdiction among state organs. This paper argues that the Constitutional Court has not made a significant impact on the promotion of democracy. It is believed that the failure of the Court to consolidate democracy through its decisions regarding dispute concerning jurisdiction among state organs could be attributed to two main reasons. The first is due to the unclear concept of subjectum litis of the petitioners to have legal standing in the Constitutional Court, and the second is the lack of understanding of the subject matter jurisdiction of the Court. Due to uncertainties only, small numbers cases registered and heard by the Constitutional Court. Furthermore, most of the cases registered in the Court either been rejected or not been accepted by the judges. Despite the misgivings, the Court is still relevant and have certain contributions towards democracy. It has to a certain extent that enhances the working of checks and balances mechanisms among state organs. It is believed that the court could be more reliable and enhance its function in promoting democracy in the country by defining clearly classification of the subjectum litis as well as the objectum litis of the dispute that it may hear.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49448826","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

Trends in the Regulation of Hate Speech and Fake News: A Threat to Free Speech? 仇恨言论和假新闻监管的趋势:对言论自由的威胁?

Hasanuddin Law Review Pub Date : 2019-08-14 DOI: 10.20956/HALREV.V5I2.1625

Suleiman Usman Santuraki

{"title":"Trends in the Regulation of Hate Speech and Fake News: A Threat to Free Speech?","authors":"Suleiman Usman Santuraki","doi":"10.20956/HALREV.V5I2.1625","DOIUrl":"https://doi.org/10.20956/HALREV.V5I2.1625","url":null,"abstract":"The Information and Communication Technology (ICT) revolution heralding the emergence and dominance of social media has always been viewed as a turning point in free speech and communication. Indeed, the social media ordinarily represents the freedom of all people to speech and information. But then, there is also the side of the social media that has been often ignored; that it serves as platform for all and sundry to express themselves with little, if any regulation or legal consequences. This as a result has led to global explosion of hate speech and fake news. Hate speech normally lead to tension and holds in it, the potential for national or even international crisis of untold proportions. It also has the likelihood to scare people away from expressing themselves for fear of hate-filled responses and becoming a source of fake news. Using doctrinal as well as comparative methodologies, this paper appraises the trend between states of passing laws or proposing laws to regulate hate speech and fake news; it also appraises the contents of such laws from different countries with the aim of identifying how they may be used to suppress free speech under the guise of regulating hate speech and fake news. It argues that the alarming trend of hate speech and fake news presented an opportunity for leaders across the globe to curb free speech. The paper concludes that the advancement in ICT helped in a great deal to advance free speech; it may as well, because of the spread of hate speech and fake news, lead to a reverse of that success story.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42990402","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

Accountability in Government Contracts: A Measure of Performance from the Commitment-Making Officials? 政府合同中的问责制:一种来自承诺官员的绩效衡量标准?

Hasanuddin Law Review Pub Date : 2019-08-14 DOI: 10.20956/HALREV.V5I2.1074

M. Zamroni

引用次数: 0

Arbitration: Understanding It in Theory and Indonesian Practice 仲裁理论与印尼实践

Hasanuddin Law Review Pub Date : 2019-08-14 DOI: 10.20956/HALREV.V5I2.1945

Maskun Maskun, Achmad Achmad, Naswar Naswar, Fauzia P Bakti, A. Amaliyah

引用次数: 1

Persons with Intellectual Disability and Access to Justice in Nigeria: Challenges and the Way Forward 尼日利亚智障人士与司法救助:挑战与前进之路

Hasanuddin Law Review Pub Date : 2019-08-14 DOI: 10.20956/HALREV.V5I2.1561

A. Arimoro

引用次数: 7