Pub Date : 2023-09-11DOI: 10.20956/halrev.v9i2.4627
John Sampe, Rosa Ristawati, Be Hakyou
A democratic state may be indicated by the existence of a constitutional institution that has the competence to uphold constitutionalism and defend the constitution. As the guardian of the constitution, the Constitutional Council of the Kingdom of Cambodia (Constitutional Council) and the Constitutional Court of the Republic of Indonesia (Constitutional Court) have the same purpose, namely to uphold constitutionalism and protect the constitution. However, in terms of structure, procedures, and competencies, the Constitutional Council and the Constitutional Court have individual mechanisms. Institutionally, the two judicial bodies occupy different characteristics, but they share the common goal of safeguarding the constitution’s core values. This paper aims to analyze and scrutinize different features of the Constitutional Council and the Constitutional Court by showing the same purpose as the guardian of the constitution. Within this paper, the legal outcomes which is decisions are discussed, particularly the effect of the decisions. In addition, this paper looks into who can be the applicant or can file a complaint and clarifies the qualifications and resignations of judges. This paper concludes on whether the Constitutional Court and the Constitutional Council have different paths in upholding constitutionalism and protecting the constitution.
{"title":"The Guardian of Constitution: A Comparative Perspective of Indonesia and Cambodia","authors":"John Sampe, Rosa Ristawati, Be Hakyou","doi":"10.20956/halrev.v9i2.4627","DOIUrl":"https://doi.org/10.20956/halrev.v9i2.4627","url":null,"abstract":"A democratic state may be indicated by the existence of a constitutional institution that has the competence to uphold constitutionalism and defend the constitution. As the guardian of the constitution, the Constitutional Council of the Kingdom of Cambodia (Constitutional Council) and the Constitutional Court of the Republic of Indonesia (Constitutional Court) have the same purpose, namely to uphold constitutionalism and protect the constitution. However, in terms of structure, procedures, and competencies, the Constitutional Council and the Constitutional Court have individual mechanisms. Institutionally, the two judicial bodies occupy different characteristics, but they share the common goal of safeguarding the constitution’s core values. This paper aims to analyze and scrutinize different features of the Constitutional Council and the Constitutional Court by showing the same purpose as the guardian of the constitution. Within this paper, the legal outcomes which is decisions are discussed, particularly the effect of the decisions. In addition, this paper looks into who can be the applicant or can file a complaint and clarifies the qualifications and resignations of judges. This paper concludes on whether the Constitutional Court and the Constitutional Council have different paths in upholding constitutionalism and protecting the constitution.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136025489","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}
Pub Date : 2023-08-23DOI: 10.20956/halrev.v9i2.4607
Nadhilah A. Kadir, Azizah Mohd
Intercountry adoption offers a family-based care option for children in need of care and protection. It allows them to find loving and permanent homes outside their birth country, providing them with stability, support, and a sense of belonging essential for their well-being. The Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption 1993 (Hague Convention 1993) serves as the primary international legal instrument governing intercountry adoption. Despite its importance, intercountry adoption remains relatively uncommon in Malaysia, as the country lacks specific statutory provisions and is not a signatory to the Hague Convention 1993. The purpose of this study is to examine the current state of intercountry adoption in Malaysia and Morocco and explore the viability of intercountry adoption as a child protection measure. The study involves interviews with relevant departments and an examination of Malaysia's current adoption laws. Additionally, the study analyses the international legal framework, including the Hague Convention 1993 and the United Nations Convention on the Rights of the Child 1989 (UNCRC) to provide a comprehensive understanding of the context surrounding intercountry adoption. Furthermore, this paper offers a comparative analysis of Morocco's intercountry kafalah system, which recognises kafalah as an alternative to legal adoption based on Islamic law. The findings of this study will offer valuable insights and recommendations for enhancing Malaysia's approach to intercountry adoption. By considering best practices and international standards, this research seeks to ensure the well-being and protection of children in need of care and protection, promoting their access to a stable and nurturing family environment.
{"title":"Intercountry Adoption in Malaysia and Morocco: A New Frontier","authors":"Nadhilah A. Kadir, Azizah Mohd","doi":"10.20956/halrev.v9i2.4607","DOIUrl":"https://doi.org/10.20956/halrev.v9i2.4607","url":null,"abstract":"Intercountry adoption offers a family-based care option for children in need of care and protection. It allows them to find loving and permanent homes outside their birth country, providing them with stability, support, and a sense of belonging essential for their well-being. The Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption 1993 (Hague Convention 1993) serves as the primary international legal instrument governing intercountry adoption. Despite its importance, intercountry adoption remains relatively uncommon in Malaysia, as the country lacks specific statutory provisions and is not a signatory to the Hague Convention 1993. The purpose of this study is to examine the current state of intercountry adoption in Malaysia and Morocco and explore the viability of intercountry adoption as a child protection measure. The study involves interviews with relevant departments and an examination of Malaysia's current adoption laws. Additionally, the study analyses the international legal framework, including the Hague Convention 1993 and the United Nations Convention on the Rights of the Child 1989 (UNCRC) to provide a comprehensive understanding of the context surrounding intercountry adoption. Furthermore, this paper offers a comparative analysis of Morocco's intercountry kafalah system, which recognises kafalah as an alternative to legal adoption based on Islamic law. The findings of this study will offer valuable insights and recommendations for enhancing Malaysia's approach to intercountry adoption. By considering best practices and international standards, this research seeks to ensure the well-being and protection of children in need of care and protection, promoting their access to a stable and nurturing family environment.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135619652","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}
Pub Date : 2023-08-06DOI: 10.20956/halrev.v9i2.4622
Renny Ariyanny, Sung-jun Bae, Mohammad Kemal Dermawan, Anna Bosch
In recent years, the Indonesian government has suffered a huge loss of state assets due to the misbehavior of corporations in financial management because the Indonesian legal system does not have a specific regulation to address corporate financial crime. When a corporate financial crime case arises, Indonesian law enforcement approaches this crime using the Anti-Corruption Act. However, the aim to retrieve the stolen government assets purloined by a corporation using the Anti-Corruption Act is still insufficient, therefore, other related regulations such as the Money Laundering Act have to apply as an additional instrument to realize optimal recovery from the misbehaving corporation. Because the long process involved in criminal and civil courts it is sometimes a waste of the law enforcement effort and the funds expended to get paid back from offenders and/or corporations because the money received is much lower than the money lost or even zero. To bridge the gap between the money lost initially and the repayment money, because of the lack of special legal regulation concerning corporate financial crime, this research intends to study the possibility of using a “disgorgement of profits” approach as a faster way to get the maximum repayment of stolen money/assets from instances of corporate financial crime in out-of-court settlements.
{"title":"Disgorgement of Profits: An Alternative Solution to Stolen State Assets’ Recovery from Corporate Financial Crimes","authors":"Renny Ariyanny, Sung-jun Bae, Mohammad Kemal Dermawan, Anna Bosch","doi":"10.20956/halrev.v9i2.4622","DOIUrl":"https://doi.org/10.20956/halrev.v9i2.4622","url":null,"abstract":"In recent years, the Indonesian government has suffered a huge loss of state assets due to the misbehavior of corporations in financial management because the Indonesian legal system does not have a specific regulation to address corporate financial crime. When a corporate financial crime case arises, Indonesian law enforcement approaches this crime using the Anti-Corruption Act. However, the aim to retrieve the stolen government assets purloined by a corporation using the Anti-Corruption Act is still insufficient, therefore, other related regulations such as the Money Laundering Act have to apply as an additional instrument to realize optimal recovery from the misbehaving corporation. Because the long process involved in criminal and civil courts it is sometimes a waste of the law enforcement effort and the funds expended to get paid back from offenders and/or corporations because the money received is much lower than the money lost or even zero. To bridge the gap between the money lost initially and the repayment money, because of the lack of special legal regulation concerning corporate financial crime, this research intends to study the possibility of using a “disgorgement of profits” approach as a faster way to get the maximum repayment of stolen money/assets from instances of corporate financial crime in out-of-court settlements.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136044030","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}
The guarantee of ensuring the right to access public information is an important condition and criterion for functioning in a legal democratic state. In addition, realizing the right to access public information is essential for preventing and detecting corruption. The purpose of this work is to analyze international legal rules and standards, as well as to provide some examples of the practice of the European Court of Human Rights in the context of the implementation of the right to access public information. It has been established that the right to access public information is a component of the human right to information and is a fundamental constitutional human right. The existing practice of the European Court of Human Rights confirms the importance of protecting the right of access to public information. It indicates to states that it is mandatory to comply with it, the expediency of applying an effective system of control measures to implement the right under study. The paper analyzes theoretical and legal approaches to understanding the human right to access public information and determines its place in human rights. An analysis of the practice of the European Court of Human Rights regarding the right to access public information made it possible to identify existing shortcomings in the legislation of the Member States and Ukraine and to find ways and methods for solving such problems and prospects for preventing such violations in the future, as well as the possibility of applying the decisions of the European Court of Human Rights to improve the current domestic legislation in this area.
{"title":"Human Right to Access Public Information: The Experience of Ukraine and the Practice of the ECtHR","authors":"Oleksandr Mykhailovych Shevchuk, Oleкsandr Mykhailovych Drozdov, Vadim Anatoliyovych Kozak, Anastasiia Oleksandrivna Vyltsan, Оlena Volodymyrivna Verhoglyad-Gerasymenko","doi":"10.20956/halrev.v9i2.4396","DOIUrl":"https://doi.org/10.20956/halrev.v9i2.4396","url":null,"abstract":"The guarantee of ensuring the right to access public information is an important condition and criterion for functioning in a legal democratic state. In addition, realizing the right to access public information is essential for preventing and detecting corruption. The purpose of this work is to analyze international legal rules and standards, as well as to provide some examples of the practice of the European Court of Human Rights in the context of the implementation of the right to access public information. It has been established that the right to access public information is a component of the human right to information and is a fundamental constitutional human right. The existing practice of the European Court of Human Rights confirms the importance of protecting the right of access to public information. It indicates to states that it is mandatory to comply with it, the expediency of applying an effective system of control measures to implement the right under study. The paper analyzes theoretical and legal approaches to understanding the human right to access public information and determines its place in human rights. An analysis of the practice of the European Court of Human Rights regarding the right to access public information made it possible to identify existing shortcomings in the legislation of the Member States and Ukraine and to find ways and methods for solving such problems and prospects for preventing such violations in the future, as well as the possibility of applying the decisions of the European Court of Human Rights to improve the current domestic legislation in this area.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135516368","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}
Pub Date : 2023-04-12DOI: 10.20956/halrev.v9i1.3683
Maskun Maskun, Hanim Kamaruddin, Farida Pattitingi, H. Assidiq, S. N. Bachril, N. Al Mukarramah
The ever-increasing domestic consumption of plastic products and materials has forced Indonesia to propel forward the means and approaches in dealing with their disposals. Despite the presence of numerous legal instruments serving as basis justifying actions to deal with plastic waste, Indonesia is still nowhere near success in tackling the issue of mismanagement. This article is devoted to normatively analyze various legal approaches used to govern plastic waste management Indonesia, and to unravel issues related to such approaches. It is carried out using normative-legal research methods in which various legal instruments and other secondary legal materials are analyzed descriptively to point out the emerging legal issues. The main findings reveal that laws and regulations as well as public policies that serve as legal basis and approach to deal with plastic waste governance in Indonesia still possess some weaknesses. Further examinations suggest the needs for improvement in some legal aspects from which some new perspectives could then be shaped to envisage future actions.
{"title":"Plastic Waste Management in Indonesia: Current Legal Approaches and Future Perspectives","authors":"Maskun Maskun, Hanim Kamaruddin, Farida Pattitingi, H. Assidiq, S. N. Bachril, N. Al Mukarramah","doi":"10.20956/halrev.v9i1.3683","DOIUrl":"https://doi.org/10.20956/halrev.v9i1.3683","url":null,"abstract":"The ever-increasing domestic consumption of plastic products and materials has forced Indonesia to propel forward the means and approaches in dealing with their disposals. Despite the presence of numerous legal instruments serving as basis justifying actions to deal with plastic waste, Indonesia is still nowhere near success in tackling the issue of mismanagement. This article is devoted to normatively analyze various legal approaches used to govern plastic waste management Indonesia, and to unravel issues related to such approaches. It is carried out using normative-legal research methods in which various legal instruments and other secondary legal materials are analyzed descriptively to point out the emerging legal issues. The main findings reveal that laws and regulations as well as public policies that serve as legal basis and approach to deal with plastic waste governance in Indonesia still possess some weaknesses. Further examinations suggest the needs for improvement in some legal aspects from which some new perspectives could then be shaped to envisage future actions.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44678953","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}
Pub Date : 2023-02-26DOI: 10.20956/halrev.v9i1.4033
Mohammad Jamin, A. Jaelani, M. Mulyanto, Reza Octavia Kusumaningtyas, D. Ly
The government has established various policies regarding mining in Indonesia. Still, an important question that needs to be asked is whether these policies have provided benefits, justice, and balance for indigenous and tribal peoples. This study aims to analyze the impact of Indonesian mining regulations on the protection of indigenous peoples. This is a normative legal research effort. The literature review gathers information from document analysis, which is analyzed qualitatively. Data analysis is descriptive-analytic in nature. The study results show that the impact of mining regulations still needs to reflect the recognition and protection of the rights of indigenous peoples. There is a need to improve mining management legislation and systems. Standardization of reclamation and post-mining management is required to provide implementation guidelines that meet the needs of the community. It has no negative impact on the community surrounding the mine. Licensing is one policy that can be used to implement standardization, which means keeping an eye on how the land is managed after mining, how waste is handled, and how policies are made to encourage mining and conservation activities that are good for the environment.
{"title":"The Impact of Indonesia's Mining Industry Regulation on the Protection of Indigenous Peoples","authors":"Mohammad Jamin, A. Jaelani, M. Mulyanto, Reza Octavia Kusumaningtyas, D. Ly","doi":"10.20956/halrev.v9i1.4033","DOIUrl":"https://doi.org/10.20956/halrev.v9i1.4033","url":null,"abstract":"The government has established various policies regarding mining in Indonesia. Still, an important question that needs to be asked is whether these policies have provided benefits, justice, and balance for indigenous and tribal peoples. This study aims to analyze the impact of Indonesian mining regulations on the protection of indigenous peoples. This is a normative legal research effort. The literature review gathers information from document analysis, which is analyzed qualitatively. Data analysis is descriptive-analytic in nature. The study results show that the impact of mining regulations still needs to reflect the recognition and protection of the rights of indigenous peoples. There is a need to improve mining management legislation and systems. Standardization of reclamation and post-mining management is required to provide implementation guidelines that meet the needs of the community. It has no negative impact on the community surrounding the mine. Licensing is one policy that can be used to implement standardization, which means keeping an eye on how the land is managed after mining, how waste is handled, and how policies are made to encourage mining and conservation activities that are good for the environment.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49298876","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}
Pub Date : 2023-02-19DOI: 10.20956/halrev.v8i3.4229
Rudy Rudy, R. Natamiharja, Jalil Alejandro Magaldi Serna, Ahmad Syofyan
Constitutional Court is established as an effort to uphold the rule of law and provide maximum protection for democracy as well as human rights, particularly civil rights. The main purpose of the rule of law is to protect citizens' freedom from state power. Therefore, this study aims to examine the implementation of civil rights against vulnerable groups in the Indonesian legal and constitutional system. Data were analyzed using a normative juridical approach by examining theories, concepts, legal principles, and statutory regulations obtained from legal sources such as books, articles/writings, and other documents. The government issued various laws and regulations with multiple conventions such as the rights of the child and the elimination of all forms of discrimination but this effort has not been supported by a strong shared commitment. Based on these circumstances, it is necessary to develop an effective law enforcement mechanism to protect citizens' rights, particularly vulnerable groups.
{"title":"Implementation of Civil Rights against Vulnerable Groups in the Legal and Constitutional System in Indonesia","authors":"Rudy Rudy, R. Natamiharja, Jalil Alejandro Magaldi Serna, Ahmad Syofyan","doi":"10.20956/halrev.v8i3.4229","DOIUrl":"https://doi.org/10.20956/halrev.v8i3.4229","url":null,"abstract":"Constitutional Court is established as an effort to uphold the rule of law and provide maximum protection for democracy as well as human rights, particularly civil rights. The main purpose of the rule of law is to protect citizens' freedom from state power. Therefore, this study aims to examine the implementation of civil rights against vulnerable groups in the Indonesian legal and constitutional system. Data were analyzed using a normative juridical approach by examining theories, concepts, legal principles, and statutory regulations obtained from legal sources such as books, articles/writings, and other documents. The government issued various laws and regulations with multiple conventions such as the rights of the child and the elimination of all forms of discrimination but this effort has not been supported by a strong shared commitment. Based on these circumstances, it is necessary to develop an effective law enforcement mechanism to protect citizens' rights, particularly vulnerable groups.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44003856","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}
Pub Date : 2023-02-18DOI: 10.20956/halrev.v9i1.4303
S. Wijoyo, Wilda Prihatiningtyas, Indri Wahyuni, Dita Elvia Kusuma Putri, Ardhana Christian Noventry
The high rate of deforestation and many forest disputes in Indonesia show that forest management in Indonesia is not based on the principles of good forest governance. It also shows that there is still a lack of attention to the aspect of sustainable forest development which focuses on a balanced sustainability condition between the three forest functions (production, ecology, and socio-economic functions). Geospatial Information is expected to be the solution to help provide an accurate data and information which mapping forest development in accordance with the conditions of each forest area, so that the three functions can operate coherently. Furthermore, with the presence of integrated geospatial data, it can be used as a tool in policy formulation, decision making, and/or dispute resolution in the forestry sector. This paper applies empirical juridical research consisting participatory methods through discussions and interviews with related parties. In practice, the legal materials are firstly collected by using inventory and documentation. Then, it’s completed by interviews and Focus Group Discussion data. Moreover, it also applies statutory, conceptual, and case approaches. This paper highlights the use of geospatial information data in the forestry legislation making in Indonesia. Hence, this paper will present new information about the model of forestry dispute resolution based on geospatial information.
{"title":"In the Question of Geospatial Information Data Use in the Forestry Legislation Making in Indonesia","authors":"S. Wijoyo, Wilda Prihatiningtyas, Indri Wahyuni, Dita Elvia Kusuma Putri, Ardhana Christian Noventry","doi":"10.20956/halrev.v9i1.4303","DOIUrl":"https://doi.org/10.20956/halrev.v9i1.4303","url":null,"abstract":"The high rate of deforestation and many forest disputes in Indonesia show that forest management in Indonesia is not based on the principles of good forest governance. It also shows that there is still a lack of attention to the aspect of sustainable forest development which focuses on a balanced sustainability condition between the three forest functions (production, ecology, and socio-economic functions). Geospatial Information is expected to be the solution to help provide an accurate data and information which mapping forest development in accordance with the conditions of each forest area, so that the three functions can operate coherently. Furthermore, with the presence of integrated geospatial data, it can be used as a tool in policy formulation, decision making, and/or dispute resolution in the forestry sector. This paper applies empirical juridical research consisting participatory methods through discussions and interviews with related parties. In practice, the legal materials are firstly collected by using inventory and documentation. Then, it’s completed by interviews and Focus Group Discussion data. Moreover, it also applies statutory, conceptual, and case approaches. This paper highlights the use of geospatial information data in the forestry legislation making in Indonesia. Hence, this paper will present new information about the model of forestry dispute resolution based on geospatial information.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-02-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46829560","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}
Pub Date : 2023-02-18DOI: 10.20956/halrev.v9i1.3867
Ghassan Adhab Atiyah, N. Manap, S. Aziz
The philosophical emergence of cryptocurrencies is a consequence of the desire to get rid of the authorities’ control of the monetary system, which encouraged people to deal with it for investment or to facilitate the fulfilment of their financial obligations. The research problem is represented through the lack of legislation that regulates dealing with cryptocurrencies in Iraq. There are many technical, legal, and security risks for the use and circulation of cryptocurrency, which must be legally addressed and suitable solutions found. Therefore, this article aims to examine and analyse the legal status of cryptocurrencies in selected jurisdictions through multiple stages, from prohibition to licensing and regulation. This article adopted a qualitative approach to analyse the legal status of cryptocurrency in the selected jurisdictions. The study finding shows that the Iraqi authorities do not have the technical or legal means to prevent the illegal use of cryptocurrencies. In addition, there is a large legislative gap with the developed countries, and lawmakers need to regulate cryptocurrencies by enacting laws to protect people from falling victim to fraud.
{"title":"Legal Status of Cryptocurrency Circulation in Iraq: Lessons from the United Arab Emirates and the United States","authors":"Ghassan Adhab Atiyah, N. Manap, S. Aziz","doi":"10.20956/halrev.v9i1.3867","DOIUrl":"https://doi.org/10.20956/halrev.v9i1.3867","url":null,"abstract":"The philosophical emergence of cryptocurrencies is a consequence of the desire to get rid of the authorities’ control of the monetary system, which encouraged people to deal with it for investment or to facilitate the fulfilment of their financial obligations. The research problem is represented through the lack of legislation that regulates dealing with cryptocurrencies in Iraq. There are many technical, legal, and security risks for the use and circulation of cryptocurrency, which must be legally addressed and suitable solutions found. Therefore, this article aims to examine and analyse the legal status of cryptocurrencies in selected jurisdictions through multiple stages, from prohibition to licensing and regulation. This article adopted a qualitative approach to analyse the legal status of cryptocurrency in the selected jurisdictions. The study finding shows that the Iraqi authorities do not have the technical or legal means to prevent the illegal use of cryptocurrencies. In addition, there is a large legislative gap with the developed countries, and lawmakers need to regulate cryptocurrencies by enacting laws to protect people from falling victim to fraud.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-02-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46076002","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}
Pub Date : 2023-02-18DOI: 10.20956/halrev.v9i1.4121
L. L. Chi, Nguyen Thi Lan, Nguyen Hoang Ngan
Defense lawyers play an important role in protecting the rights and interests of the accused, contributing to upholding justice and reducing the number of wrongful convictions. In Vietnam, in accordance with the current Criminal Procedure Code of 2015, defense lawyers have been given more and more rights to perform legal defense activities. However, defense lawyers are still considered to bepassive participants in criminal proceedings, classified under the “judicial complementary” group. The right of lawyers to collect evidence is restricted. Furthermore, other rights have not been fully implemented. The number of lawyers compared to the entire population remains low, and there are very few criminal cases that include the participation of defense lawyers. These circumstances beg the question of whether the presence of defense lawyers in Vietnam’s criminal justice system is substantive or merely a cosmetic façade intended to improve Vietnam’s global image. This paper seeks to answer this question by analyzing the results of surveys conducted with Vietnamese lawyers. Moreover, it provides some recommendations to strengthen the role of defense lawyers in the criminal justice system of Vietnam.
{"title":"The Presence of the Defense Lawyer in Vietnam’s Criminal Justice System: Substantive or Cosmetic?","authors":"L. L. Chi, Nguyen Thi Lan, Nguyen Hoang Ngan","doi":"10.20956/halrev.v9i1.4121","DOIUrl":"https://doi.org/10.20956/halrev.v9i1.4121","url":null,"abstract":"Defense lawyers play an important role in protecting the rights and interests of the accused, contributing to upholding justice and reducing the number of wrongful convictions. In Vietnam, in accordance with the current Criminal Procedure Code of 2015, defense lawyers have been given more and more rights to perform legal defense activities. However, defense lawyers are still considered to bepassive participants in criminal proceedings, classified under the “judicial complementary” group. The right of lawyers to collect evidence is restricted. Furthermore, other rights have not been fully implemented. The number of lawyers compared to the entire population remains low, and there are very few criminal cases that include the participation of defense lawyers. These circumstances beg the question of whether the presence of defense lawyers in Vietnam’s criminal justice system is substantive or merely a cosmetic façade intended to improve Vietnam’s global image. This paper seeks to answer this question by analyzing the results of surveys conducted with Vietnamese lawyers. Moreover, it provides some recommendations to strengthen the role of defense lawyers in the criminal justice system of Vietnam.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-02-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49503406","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}
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