Journal Cover Hasanuddin Law Review
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  This is an Open Access Journal Open Access journal
   ISSN (Print) 2442-9880 - ISSN (Online) 2442-9899
   Published by Hasanuddin University Homepage  [3 journals]
  • GATS and International Trade in Health Services: Impact and Regulations

    • Authors: Bakhouya Driss
      Pages: 104 - 116
      Abstract: This article is interested in studying the impact of trade agreements on the quality of health services, and the statement of the role of the Ministry of Health to protect the quality of these services. The problems that arise in this study; how the application of GATT on trade in health, and services' This article also includes the impact of international trade agreements on the issue of attracting foreign investments in the field of health, and to clarify the government's ability to maintain the health and political, and the capacity of national health products to compete with foreign products. As pointed out repeatedly in this paper, it is too early to make definitive conclusions regarding the impact of GATS, or the liberalization of trade, in the health sector. Nevertheless, we conclude that although so far only a few countries where trade in health services has a major role, trading as it does –which is not based on the GATS or GATS commitments– and appears to be increasing, GATS agreement provides a framework for international trade in services, including health services, but the actual content and obligations are determined in large part by the national government.
      PubDate: 2017-08-12
      DOI: 10.20956/halrev.v3i2.1050
      Issue No: Vol. 3, No. 2 (2017)
  • Legally Binding of the World Trade Organization Dispute Settlemet
           Body’s Decision

    • Authors: Triyana Yohanes, Adi Sulistiyono, M. Hawin
      Pages: 160 - 174
      Abstract: Dispute settlement system of the WTO DSB can be categorized as a judicial dispute settlement system. Decision (rulings and recommendations) in a dispute settlement made by the WTO DSB is binding and should be performed. In some cases, decisions made by the WTO DSB were not performed, and there is no sanction against the non-compliance with the decisions. The objective of this study is to analyze the legally binding character of the WTO DSB’s decision as a decision of a judicial organ. From the data analysis, it can be concluded that the WTO does not provide adequate sanctions against the non-compliance with the DSB’s decision. It leads to the interpretation of the DSB’s decision is international soft law norm which is not legally binding. Moreover, it can hamper the enforcement of the WTO Agreement and the achievement of the WTO’s goals. The WTO judicial system should be strengthened and improved by creating WTO independent court or tribunal, which has authority to make legally binding decision as international hard law.
      PubDate: 2017-08-18
      DOI: 10.20956/halrev.v3i2.1107
      Issue No: Vol. 3, No. 2 (2017)
  • Legal Standing of Customary Land in Indonesia: A Comparative Study of Land
           Administration Systems

    • Authors: Mustafa Bola
      Pages: 175 - 190
      Abstract: Prove of land ownership by customary land is generally unwritten, just a confession of the surrounding communities with nature sign boundaries. If land ownership cannot be supported by strong evidence, the land may be registered by someone else who has getting physically for 20 years or more in consecutively and qualified on Government Regulation No. 24 of 1997 concerning Land Registration. Proof of old rights derived from the customary land law is rationally difficult to prove because there are no written documents. Customary land law does not know written ownership, only physical possession continually so it is very prone to conflict or dispute. In order to develop land administration in Indonesia, the values of customary land law contained in its principles is expected to be reflected in the land administration so it can reduce land conflict in the community. The role of customary land law has a large portion of the national land law. The role of government or ruling is very important to create a conducive condition in the land sector. A land is not allowed for personal or group interests, its use must be adjusted with the condition and the characteristic of their rights so useful, both for the prosperity and helpful to community and state.
      PubDate: 2017-08-19
      DOI: 10.20956/halrev.v3i2.1132
      Issue No: Vol. 3, No. 2 (2017)
  • Overlapping Authority on the Cancellation of Local Regulation (An
           Erroneous Logic of Local Autonomy)

    • Authors: Retno Mawarini Sukmariningsih
      Pages: 191 - 197
      Abstract: This research is based on the phenomenon of weak supervision on local law products. As a result, the province of Central Java became the region with the largest cancellation of local regulation in Indonesia, which is as many 90-local regulations cancelled. The cancellation of local regulation implicates the obstacles in the implementation of development and district and municipal programs in Central Java - Indonesia. The purpose of this research was to analyze the authority of the region in order to avoid overlapping authority on the cancellation of local regulation by the Governor as the representative of the Central Government. The method of writing uses a normative approach with qualitative analysis to detect the level of synchronization and harmonization of the application of local regulations. The results indicate that the cancellation of local regulation by the Governor as the representative of the central government shows an erroneous logic of the implementation of local autonomy. Ideally, the cancellation of local regulation is performed “one gate”, i.e by the Supreme Court (judicial institution only) through the authority of judicial review
      PubDate: 2017-08-19
      DOI: 10.20956/halrev.v3i2.1196
      Issue No: Vol. 3, No. 2 (2017)
  • Understanding the Characteristics of Dispute Settlement in Sharia Economic

    • Authors: M. Arfin Hamid
      Pages: 198 - 207
      Abstract: One of the most developed areas of Islamic law (sharia) today is “Fiqh Muamalah Iqtishadiyyah” or known as term “Sharia Economics.” The outcomes of the research indicate that the characteristics of sharia dispute are important to be understood by sharia businessmen and law enforcers. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. The sharia economic disputes, whether through litigation or non-litigation is not a means to profit, but solely to resolve disputes in accordance with sharia principles. the settlement of sharia disputes is still not fully independent or free from conventional law that has been going during this in the religious courts. Responding this matter throughout the process of settlement is not contradictory to the principles of sharia can be accommodated while preparing sharia-based sharia dispute law
      PubDate: 2017-11-16
      DOI: 10.20956/halrev.v3i2.1079
      Issue No: Vol. 3, No. 2 (2017)
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Heriot-Watt University
Edinburgh, EH14 4AS, UK
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