Hasanuddin Law Review

Journal Information
ISSN / EISSN : 2442-9880 / 2442-9899
Published by: Hasanuddin University, Faculty of Law (10.20956)
Total articles ≅ 223
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Latest articles in this journal

Awad Ali Alanzi
Hasanuddin Law Review, Volume 7, pp 105-118; https://doi.org/10.20956/halrev.v7i2.2977

Administrative contracts are conducted to meet government agencies' requirements in terms of procurement, which is done by tendering. The government infrastructure demand and day-to-day other needs are contracted with vendors, who render their services by applying the announced tender. Hence, the legal framework related to tendering is very important, which protects the legal rights of tender authority and vendors. This present research aims to explore the tendering law in Saudi Arabia and Egypt, having a close legal framework regarding tendering. Egypt is carrying the tender law of 1998, which is updated in 2018 recently. Moreover, tendering in Saudi Arabia depends on the Government Tenders and Procurement Law (GTPL) of 2019, which is updated from the previous version of GTPL 2006. The research explores the basic structure of the procurement system and tendering in both systems, including the discussions on procurement agency, tendering methods, basic tendering regulations, public-private partnership, transparency issue, and tendering with foreigners' bidders. Also, the recent improvements in both tendering systems are discussed. The research traces many similarities and differences in both tendering systems and suggests taking help from each other's experiences.
Rachma Indriyani, Asmar Abdul Rahim, Ruzita Azmi
Hasanuddin Law Review, Volume 7, pp 89-104; https://doi.org/10.20956/halrev.v7i2.2841

Indonesia committed to conserving the tuna resources by participating in some RFMOs. From all regional organizations where Indonesia has been joined, the CCSBT is the unique one, due to it governs a single tuna species, which is called Southern Bluefin Tuna. This kind of tuna is essential for Indonesia because it is the world’s most expensive tuna and SBT migrates through Indonesian fisheries management zones and goes even further within the territorial waters, where the SBT spawning area is located. This natural characteristic distinguishes Indonesia from other Parties to CCSBT. Nevertheless, the Country has been dealing with its obligation to comply with national quota allocation. For some fishing season periods, the CCSBT indicated Indonesia as a non-compliant. By applying the qualitative approach, this study considers how Indonesia’s non-compliance has been addressed in fishing for shared fish stocks. The data collection was conducted through semi-structured interviews and legal analysis of law and policy instruments. This method leads the elaboration to reveal domestic factors affecting non-compliance by Indonesia. This study argues, the fisheries legislation should consider the provision concerning fishing for resources under quota system, hence, it will provide sufficient legal base to take enforcement measures towards non-compliance with fishing quota.
Mazliza Mohamad, Ricco Survival Yubaidi, Safinaz Mohd Hussein, Rahmah Ismail, Suzanna Mohamed Isa, Saidatul Nadia Abdul Aziz
Hasanuddin Law Review, Volume 7, pp 61-74; https://doi.org/10.20956/halrev.v7i2.2876

The ratio between the increased demand and limited land makes affordable housing in urban areas more difficult to accommodate. Indonesia and Malaysia, as populous countries, face problems related to housing access, especially for low-income earners in urban areas. The research was undertaken for two reasons. First, problems related to housing access for low-income earners in urban areas should be solved as soon as possible. Second, it is necessary to conduct a study in order to analyze and compare these two countries in measuring low-income earners on housing access in urban areas. To this end, the normative legal approach was applied. The materials used in this study were relevant statutes, rules, regulations, journals, articles, thesis, seminar papers, and electronic materials. The result showed that the fulfillment of housing access highly depends on the state’s developmental goals. It is also associated with principles of development that each country adheres to. The government is expected to provide accurate data in measuring low-income earners on housing access. Identification of beneficiaries by combining income classification and ability to housing access may facilitate policymakers with ease when taking affirmative measures. It is necessary to suggest initiative collaboration involving academicians, business sectors, community, and government (ABCG) in Indonesia and Malaysia to provide adequate housing in urban areas.
Muhammad Insan Tarigan, Raisha Hafandi
Hasanuddin Law Review, Volume 7, pp 119-132; https://doi.org/10.20956/halrev.v7i2.2875

Since the time Covid-19 was discovered in Southeast Asia, around 2.5 million people have been infected and more than 54 thousand have died by early March 2021. Even though ASEAN members have followed most of the WHO recommendations to deal with Covid-19, cases are still liable to increase. Therefore, vaccine utilization is the best chance which people believe in to fight the pandemic for now. However, the vaccine’s availability and distribution are a dilemma for the ASEAN member countries. Therefore, this article aims to determine the possibility of ASEAN’s role in creating equal access to the Covid-19 vaccine for everyone. According to the juridical normative research, ASEAN is committed to protect and promote human rights and to realize the Sustainable Development Goals (SDGs). On that basis, the organization tends to play an important role in Covid-19 vaccination in Southeast Asia by cooperating with its partners to research and create the required vaccine.
Nima Norouzi, Heshmat-Ullah Khanmohammadi, Elham Ataei
Hasanuddin Law Review, Volume 7, pp 75-88; https://doi.org/10.20956/halrev.v7i2.2827

The Corona crisis is one of the crises that has engulfed the world and Uruguay and has marked all human beings' death and life. This crisis has many legal, political, social, and economic dimensions and has and will have different consequences in this area. So far in the last two centuries, twelve major epidemics of infectious diseases and fifteen famines, and severe droughts have engulfed our world, but this crisis is "of a different kind." It has been less critical to cover the whole world. Infect millions of people, create new words in cultures, and announce major changes in international relations, politics, law, and the world and country economies. No geographical point is safe from this, and it has a serious impact on human relations. This paper is aimed to study the Uruguayan legal system in the post-Covid-19 world. In this paper, Constitutional, Financial, commercial, Labor, Public, and judicial law is discussed in the light of the Covid-19, and its impacts and strategies to mitigate those impacts are mentioned.
Nima Norouzi, Elham Ataei
Hasanuddin Law Review, Volume 7, pp 46-60; https://doi.org/10.20956/halrev.v7i1.2772

With the outbreak of Covid-19 globally, many measures were taken to reduce this epidemic’s effects. The most important of these was the advice to stay home, which became the main line of witness slogans. With this recommendation, schools, offices, and factories were closed. The Covid-19 epidemic has had a profound effect on people’s lifestyles and is likely to have other consequences. The article’s main question is: What opportunities and challenges do the Covid epidemic pose to the environment, and how does it affect environmental rights? Quarantine policies have led to reduced production and transportation and a significant reduction in the pollution caused by these behaviors. Other effects may become apparent immediately. Covid-19 may increase survival damage in the future against contamination. Other developments may occur, including rethinking environmental and economic values and rethinking how resources are allocated and consumed, as Covid-19 affects the global, national, and local economies. Considering each of these consequences and their effects can help to develop environmental law and formulate effective strategies.
Jean Claude Geofrey Mahoro, F.X. Adji Samekto
Hasanuddin Law Review, Volume 7, pp 31-45; https://doi.org/10.20956/halrev.v7i1.1896

This paper discusses different issues relating to the enforcement of environmental law in Indonesia in the long way of the Indonesian government to sustainable development. To reach reliable conclusion, socio-legal approach was employed in this paper. Throughout the work the researcher analyses environmental philosophies including anthropocentrism, biocentrism and ecocentrism. This phenomenon does not only pose responsibility to the government but also to private individuals or companies in their operations in order not to leave burdens to the shoulders of future generations. This ideology was not well ensured in the free-market economy and regional autonomy as the proliferated regulations were not directed to meet the efficient and equitable environmental principles. Hindrances to the effective implementation of environmental law, inter alia, the non-envisaged licensing system in administrative enforcement; ineffective civil damages towards the environmental losses; and non-reaching environmental criminal liability. Besides that, the persistent corruption is another impediment to the effective implementation of environmental law in Indonesia.
Bassim Jameel Almusawi
Hasanuddin Law Review, Volume 7, pp 21-30; https://doi.org/10.20956/halrev.v7i1.2167

The protection of the family is the basic principle for building a strong society and family protection policy is one of the most significant among the responsibilities of legislations. The current paper reviews the protection of family according to Iraqi legislation and discusses various types of crimes involving children or families according to Iraqi law. In this article doctrinal legal research was adopted and it assessed sources from both primary and secondary data. The research concludes that Iraqi legislation provides correct protection through a number of legal texts organizing the crimes against family. However, it has failed to achieve full criminal protection for the family. There are both theoretical weakness of law and the routine abuse against family in daily practice. The present paper aims to fill a critical gap in our understanding regarding deficient area in Iraqi law while dealing with the rights of members of family and proposes further work to be done so that Iraqi legislator can provide full criminal protection for family.
Myrna Asnawati Safitri, Firman Firman
Hasanuddin Law Review, Volume 7, pp 1-11; https://doi.org/10.20956/halrev.v7i1.2502

The Covid-19 pandemic currently infecting the world population comes from the Coronavirus (SARS-CoV-2) transmitted initially from animals to humans, then between humans. This disease is referred to as zoonosis. Covid-19 discourse is generally about zoonotic transmission from animals to humans. Not much attention has been given to the potential transmission from humans to animals. In several countries, cases indicating the exposures of animals with the Coronavirus have been found. Thus, a discussion on the vulnerability of exposure to animals with the Coronavirus is significant to scientifically discussed. Unfortunately, concerns about this problem are still voiced by the mass media. Limited studies have been found, especially in Legal Science. In Indonesia, the Covid-19 incidence has hit more than 200 thousand people, one of the highest in Southeast Asia. Nevertheless, animal protection policy is not part of the national program of Covid-19 Control. Indonesia has several laws and regulations concerning animal welfare and zoonosis control. This article presents our study's findings investigating how the animal welfare law is applicable to protect the animals from Covid-19. Using the method of normative legal analysis, we found several weaknesses in the legal norms. We also observed how the ethics of anthro-pocentrism and ecocentrism compete in animal welfare laws.
Darika Phothiruk
Hasanuddin Law Review, Volume 7, pp 12-20; https://doi.org/10.20956/halrev.v7i1.2702

The Environmental Impact Assessment (EIA) is well-known and widely used as an essential tool for environmental management. Over the past 40 years, there have been problems and obstacles in law enforcement and prosecutions in many cases under the EIA laws related to national development projects in Thailand. For this reason, this article aims to present the results of a study of the legal measures on the EIA process in Thailand. This study was conducted through reviewing concepts and theories concerning the EIA and related laws both in Thailand and abroad. The main objective of this study was to analyze the condition of problems and obstacles caused by attempts made in the law enforcement. The importance of the study would result in revision of the laws related to the EIA process to achieve sustainable development goals.
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