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Institutional Restructuring to Sustain Regulatory Reform in Indonesia 机构重组以维持印尼的监管改革
Hasanuddin Law Review Pub Date : 2019-05-14 DOI: 10.20956/HALREV.V5I1.1699
Wicipto Setiadi
{"title":"Institutional Restructuring to Sustain Regulatory Reform in Indonesia","authors":"Wicipto Setiadi","doi":"10.20956/HALREV.V5I1.1699","DOIUrl":"https://doi.org/10.20956/HALREV.V5I1.1699","url":null,"abstract":"There are numerous institutions in Indonesia that form regulations with its exceeding number of regulators may result in poor quality regulations. The outcome leads to regulations being over-regulated, overlapping, disharmony, and conflict. Hence, steps are needed to be taken to overcome in order for more improved and comprehensive regulation in Indonesia. A key factor to overcome poor conditions of regulation in Indonesia is by applying the good regulatory practice. Referring to the practice, there are several standards or principles that can be used as references. Apart from this, taking institutional restructuring into consideration, an establishment of a single institution to form regulations that are strong, full authority to conduct the process of forming regulations. The paper presented is based on literature reviews and documents relating to the subject at hand. From this research, systematic writing was produced using a juridical-analytical approach. This study aims to support the establishment of single-centered Ministry of Laws or Regulation with a strong organizational structure filled with qualified experts and capable professionals.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42529458","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
Dealing with Unexpected Circumstances: Judicial Modification of Contract under Indonesian and Dutch Law 处理意外情况:印尼和荷兰法律下合同的司法修改
Hasanuddin Law Review Pub Date : 2019-05-04 DOI: 10.20956/HALREV.V5I1.1508
Taufiq Adiyanto
{"title":"Dealing with Unexpected Circumstances: Judicial Modification of Contract under Indonesian and Dutch Law","authors":"Taufiq Adiyanto","doi":"10.20956/HALREV.V5I1.1508","DOIUrl":"https://doi.org/10.20956/HALREV.V5I1.1508","url":null,"abstract":"After the conclusion of a contract, uncontrolled situations of the parties may lead to non-performance of the contract not only in the form of impossibility but also through excessive onerousness. This paper is seeking to compare regulations and cases concerning change of circumstances of the contract under the Indonesian and Dutch legal systems. The aim is to compare a legal remedy when the contract is imbalance and puts other party in burdensome condition to perform. Indonesian law still uses the all-or-nothing approach of termination and rejects the concept of subjective (relative) force majeure to modify a binding contract, although in some cases Indonesian Supreme Court has modified some contracts on the basis good faith principle. Dutch law, on the other hand, has an explicit provision for adjustment of contract on the basis unforeseen circumstances in Article 6:258 DCC. This jurisdiction accepts that unforeseen circumstances can be justified as a basis for adaptation of the contract.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42008794","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
Constitutional Court, Judicial Independence, and Efforts to Achieve Qualified Justice 宪法法院、司法独立和实现合格司法的努力
Hasanuddin Law Review Pub Date : 2019-05-04 DOI: 10.20956/HALREV.V5I1.1471
I. Rachman
{"title":"Constitutional Court, Judicial Independence, and Efforts to Achieve Qualified Justice","authors":"I. Rachman","doi":"10.20956/HALREV.V5I1.1471","DOIUrl":"https://doi.org/10.20956/HALREV.V5I1.1471","url":null,"abstract":"Judicial Corruption is a disgrace to the world of justice and disaster for the justice seeker community. The judiciary is the third branch of state power after the executive and legislature. The judicial function is as a control and a counterweight to both branches of the power so as not to fall into arbitrary acts. In other words, the judiciary basically serves to implement the principle of checks and balances. However, if the justice functioning as a counterweight is actually involved in the vortex of judicial corruption that has plagued the judicial institutions, then what happens is the absence of justice because the judicial institution becomes unqualified and degrades its reputation in the public eye. This will lead to a vote of no confidence in the judiciary as a whole and the community has the potential to seek justice in other ways that may be done in illegal ways. Therefore, it is important to realize quality judiciary by organizing institutional aspects, the process of recruitment of constitutional justices, and producing decisions containing new legal breakthroughs, so that will be realized a qualified judicial institution.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46057059","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
The Right of Privacy and Freedom of the Press: The Concept of Legal Justice in Indonesia 隐私权与新闻自由:印尼法律正义的概念
Hasanuddin Law Review Pub Date : 2019-05-02 DOI: 10.20956/HALREV.V5I1.1195
A. H. Nasution
{"title":"The Right of Privacy and Freedom of the Press: The Concept of Legal Justice in Indonesia","authors":"A. H. Nasution","doi":"10.20956/HALREV.V5I1.1195","DOIUrl":"https://doi.org/10.20956/HALREV.V5I1.1195","url":null,"abstract":"This study aims to describe the problems faced by the party who feels aggrieved or impaired by his personal rights due to media coverage. The dilemma arises because based on the legal system of the press, the media are given protection from lawsuits. This is to guarantee the position of freedom of the press in a democratic system. However, the impact that has been caused due to defamation cannot be resolved simply by using the right of reply. This study aims to explore how legal mechanisms provide justice for victims due to media behavior in line with the principle of press freedom in Indonesia. The results show that the Indonesian Press Law does not have a clear system of legal liability. The rule of conduct in the Press Law is absolutely not regulated. Thus, the right of reply that is contained in the media consciousness or \"order\" of the Press Council is not a binding and final decision because the Press Council's body only gives an opinion. Violation of the ethics of the press should not only have a moral sanction but also a legal sanction with all its consequences.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-05-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42455876","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
Legal Existence of Local Wisdom for Bajo Fishery Tribe on Indonesian Maritime Border 印尼海上边界巴霍渔业部落地方智慧的合法存在
Hasanuddin Law Review Pub Date : 2019-04-29 DOI: 10.20956/HALREV.V5I1.1727
O. Haris, S. Syahbudin, A. Yunus
{"title":"Legal Existence of Local Wisdom for Bajo Fishery Tribe on Indonesian Maritime Border","authors":"O. Haris, S. Syahbudin, A. Yunus","doi":"10.20956/HALREV.V5I1.1727","DOIUrl":"https://doi.org/10.20956/HALREV.V5I1.1727","url":null,"abstract":"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 human rights law as indigenous people right based either on National and International Law and; the legal protection of Bajo communal rights in exploiting sea and traditional fisherman criteria after UNCLOS 1982 and MOU BOX 1974 including its amendments. The application of this method may create holistic and traditional manners in keeping and managing collective strategic resources for the greatest benefit for national defend especially for Bajo fishery tribe.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45341501","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: 4
Bespoke Crowdfunding Regulation: A Boost up to Startups and SMEs in India 定制众筹监管:对印度初创企业和中小企业的推动
Hasanuddin Law Review Pub Date : 2019-04-29 DOI: 10.20956/HALREV.V5I1.1587
R. Nikam
{"title":"Bespoke Crowdfunding Regulation: A Boost up to Startups and SMEs in India","authors":"R. Nikam","doi":"10.20956/HALREV.V5I1.1587","DOIUrl":"https://doi.org/10.20956/HALREV.V5I1.1587","url":null,"abstract":"The paper reviews securities regulatory requirements across the world and specifically in India that may be applicable or prohibiting Crowdfunding in India. The author argues that Indian financial and securities services regulations were not designed keeping in mind the 21st century requirements of industry. There is a regulatory gap in recognizing this emerging route of fund-raising business model addressing the needs of start-up as well as the Small and Medium Enterprises (SMEs) businesses by way of crowdfunding and cross-border crowdfunding in the form of equity and debt. Thus, paper is seeking to clarify how crowdfunding fits into existing rules if any and necessity of introducing specific requirements that promote regulatory and supervisory convergence. The aim is to provide appropriate balance of less costly regulatory compliances, prudent risks management for project owners and crowdfunding platforms vis-à-vis raising of funds domestically and through cross-broader. At the same time providing adequate investor protection to the investor who are typically not professional investors.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44336488","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
Why Indonesia Should Keep Joining in Trade and Investment Agreements? 为什么印尼应该继续加入贸易和投资协定?
Hasanuddin Law Review Pub Date : 2019-04-28 DOI: 10.20956/HALREV.V5I1.1430
I. P. Widiatedja, I. G. N. Wairocana, I. Suyatna
{"title":"Why Indonesia Should Keep Joining in Trade and Investment Agreements?","authors":"I. P. Widiatedja, I. G. N. Wairocana, I. Suyatna","doi":"10.20956/HALREV.V5I1.1430","DOIUrl":"https://doi.org/10.20956/HALREV.V5I1.1430","url":null,"abstract":"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 the benefits of international trade and foreign direct investment, the rationale of trade and investment agreements, and how trade and investment agreements (that involve Indonesia) have positively affected Indonesia’s development. This article then claims that Indonesia should keep joining trade and investment agreements for realising its targets on economic growth and development.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44373245","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
The Overview of Innovations in the Legal Framework and Organization of Correctional Service 惩教署法律框架和组织创新综述
Hasanuddin Law Review Pub Date : 2019-04-28 DOI: 10.20956/HALREV.V5I1.1734
Vilard Bytyqi, Fitore Morina
{"title":"The Overview of Innovations in the Legal Framework and Organization of Correctional Service","authors":"Vilard Bytyqi, Fitore Morina","doi":"10.20956/HALREV.V5I1.1734","DOIUrl":"https://doi.org/10.20956/HALREV.V5I1.1734","url":null,"abstract":"The main institution in Kosovo that deals with the execution of criminal sanctions and it is Kosovo Correctional Service (KCS). Since its establishment, this institution has undergone numerous changes in the organizational field, as well as changes created by legal regulation. The recent trends occurring in correctional services in democratic societies have transformed these services in order to have a human approach and, in several cases constitute a decisive factor in the change in the behaviour of delinquents. Delinquents that have been convicted for serious crimes by criminal proceedings of final judgment, in order to rehabilitate through based programs on contents of rehabilitation, resettlement, and reintegration used a various method which will be treated in this paper. Considering legal changes which have occurred, these changes have affected executive bodies in charge of the execution of criminal sanctions. In this paper were applied several methods, such as individual case study, normative analysis, and qualitative methods. From the results of the treatment, we can see that through the legal changes made in this area of Correction have special importance. The correctional system as organized by the Correctional Service has advanced regarding the terms of legislation, influenced by the European system implemented in some countries in this field. ","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48172923","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 Roles of Victims in the ICC: Victims’ Protection or the Accused’s Fair Trial Right Violation? 被害人在国际刑事法院中的角色:被害人的保护还是被告人公平审判权的侵犯?
Hasanuddin Law Review Pub Date : 2019-04-28 DOI: 10.20956/HALREV.V5I1.1423
Mahfud Jufri
{"title":"The Roles of Victims in the ICC: Victims’ Protection or the Accused’s Fair Trial Right Violation?","authors":"Mahfud Jufri","doi":"10.20956/HALREV.V5I1.1423","DOIUrl":"https://doi.org/10.20956/HALREV.V5I1.1423","url":null,"abstract":"The International Criminal Court (ICC) has provided the right to present victims views in the ICC’s proceeding. The objectives of this article are to identify to which extent the roles of victims in the ICC and to analyze whether victims’ participation would be a violation to the rights of a fair trial of the accused in the ICC or not. This is pure legal research meaning that the materials required in this article are available in libraries, archives and other databases. The article concludes that the victims, in the ICC, are allowed to participate and to seek reparation in accordance with Article 68 (3) of the Rome Statute. In addition, the participation would violate the due process rights of the defendants despite the fact at a particular case; the Appeal Chamber of the ICC decided that there is no such violation as aiming at ending individual impunity.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41247414","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
Victimological Approaches to Crime of Rape in Indonesian Criminal Justice System 印尼刑事司法系统中强奸犯罪的受害者学研究
Hasanuddin Law Review Pub Date : 2019-02-17 DOI: 10.20956/HALREV.V4I3.1292
Khudzaifah Dimyati, A. Angkasa
{"title":"Victimological Approaches to Crime of Rape in Indonesian Criminal Justice System","authors":"Khudzaifah Dimyati, A. Angkasa","doi":"10.20956/HALREV.V4I3.1292","DOIUrl":"https://doi.org/10.20956/HALREV.V4I3.1292","url":null,"abstract":"Neglect of rape victims in the Indonesian Criminal Justice System implicates at least two things; first, the victim does not receive legal protection, and second, the decisions of judges do not fulfill the sense of justice. Neglect of victims in the Criminal Justice System cannot be separated from the theory, doctrine and legislation, especially criminal law or the Penal Code, Criminal Procedure Code and the Corrections Act, which is oriented merely to the perpetrators (criminal oriented) instead of victims (victim oriented). Regarding the conditions above, this study was intended to provide a solution of the problems so that victims in the Criminal Justice System obtain legal protection and the decision of judges could fulfill the sense of justice.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44466205","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
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