Hasanuddin Law Review
Hasanuddin Law Review (Hasanuddin Law Rev. - HALREV) is a peer-reviewed journal published by Faculty of Law, Hasanuddin University. HALREV published three times a year in April, August, and December. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge.
The aims of this journal is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Adat Law, Environmental Law and another section related contemporary issues in l
Articles
14 Documents
Search results for
, issue
"VOLUME 10 ISSUE 1, APRIL 2024"
:
14 Documents
clear
<![CDATA[Examining Personal Data Protection Law of Indonesia and South Korea: The Privacy Rights Fulfilment ]]>
<![CDATA[Shahrullah, Rina Shahriyani]]>;
<![CDATA[Park, Jihyun]]>;
<![CDATA[Irwansyah, Irwansyah]]>
<![CDATA[ Hasanuddin Law Review VOLUME 10 ISSUE 1, APRIL 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20956/halrev.v10i1.5016
<![CDATA[Personal data leakages have been experienced by both Indonesia and South Korea. To ensure the protection of privacy rights relating to personal data, both countries have promulgated special laws, namely the Indonesian Personal Data Protection Law (PDP Law) and the South Korean Personal Information Protection Act (PIPA). This study aims to compare the two laws to ascertain their similarities and differences by adopting a comparative law approach. The study found that similarities exist in the two laws. They are to protect personal data and confer rights on data subjects. In the absence of explicit consent given by data subjects, data controllers and processors are prohibited from collecting and processing the data with some exceptions. They also mandate a special institution that is tasked to investigate and sanction data controllers and processors when they conduct data infringement. There are inherent differences in the two laws. PIPA is designed to be the framework legislation and PDP is designed to be a special statute. Additionally, PIPA mandates the institution dealing with personal data protection without referring to any other law but the Act itself.  PDP Law clearly states that further provisions relating to this institution will be governed by Presidential Regulation.]]>
<![CDATA[Navigating Ambiguity: Critiques of Indonesia's Health Law and its Impact on Legal Redress for Medical Malpractice Victims ]]>
<![CDATA[Amiati, Mia]]>;
<![CDATA[Halim, Hamzah]]>;
<![CDATA[Hassim, Jady Zaidi]]>
<![CDATA[ Hasanuddin Law Review VOLUME 10 ISSUE 1, APRIL 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20956/halrev.v10i1.5346
<![CDATA[In Indonesia, the fundamental right to health is enshrined in the 1945 Constitution, affirming every person's entitlement to live a safe and prosperous life with access to health services. The 2023 Health Law focuses on six pillars, including health security, funding, human resources, technology, primary care, and referral services, aiming to alleviate financial burdens through progressive financing. Particularly significant is the procedural change in protecting health workers, notably medical personnel, through the implementation of restorative justice methods. This article critically examines the implications of the 2023 Health Law on victim redress, particularly concerning medical personnel protection and the application of restorative justice in life-threatening medical error cases. However, the provision regarding the handling of medical personnel facing criminal allegations and disciplinary sanctions raises concerns regarding clarity and implementation. Ambiguities surrounding key terms and the prioritization of restorative justice mechanisms without clear guidelines may result in delays and inconsistencies in the legal process. This study sheds light on the need for clarity and refinement in legal frameworks to ensure the protection of both medical personnel and patients while promoting accountability and justice within the healthcare system.]]>
<![CDATA[The Impact of Artificial Technology on Authors of a Cinematographic Creation ]]>
<![CDATA[Radetzky, Michael Alexander]]>
<![CDATA[ Hasanuddin Law Review VOLUME 10 ISSUE 1, APRIL 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20956/halrev.v10i1.4780
<![CDATA[Algorithmic systems are used almost everywhere in our everyday lives and have strongly made their indispensable way into the film industry. This new reality has changed the rigid entertainment business models and has significantly impacted copyright law. The critical question that arises is how cinematographic authorship rights are affected by artificial contributions. Consequently, the main issue at hand is determining the legal status of the film author when it comes to using artificially created works. Since the film is a collectively created work of art, the possible authors were first determined by reviewing the relevant regulations. During this analysis, it has been revealed that an artificially created effort that lacks human creative participation is not considered a contribution and, consequently, not an author in the dogmatic copyright systems. This opens Pandora's box about the philosophical question of whether an artificial intelligence can or must be equated with a natural person if the creative cognitive processes are like those of a human being. Despite correct approaches, the well-intentioned proposals of the legal systems examined need to be revised. Solutions such as the e-person, the factually attributable natural person and a particular form of fair use will be experimented with in the future. A final national and international copyright solution for filmmakers has yet to be seen on the horizon.]]>
<![CDATA[Foreign Direct Investment in ASEAN Airline Industry ]]>
<![CDATA[Christiawan, Rio]]>;
<![CDATA[Zuan, Haris]]>;
<![CDATA[Jusoh, Sufian]]>;
<![CDATA[Nugraha, Ridha Aditya]]>
<![CDATA[ Hasanuddin Law Review VOLUME 10 ISSUE 1, APRIL 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20956/halrev.v10i1.4903
<![CDATA[The development of aviation market in Southeast Asia after the Covid-19 pandemic is promising. More aircraft are delivered to the Asia-Pacific region, including the Association of South East Asian Nations (ASEAN) Member States. The introduction of ASEAN Open Skies (also known as ASEAN Single Aviation Market) a decade earlier together with ASEAN Economic Community Blueprint 2025 goals for an integrated and cohesive regional economy highlight the importance of a seamless air connectivity. Liberalisation of the airline industry in ASEAN Member States is crucial to restart the airline industry pre-pandemic and to grasp the so-called Asian century momentum. However, ASEAN Member States are reluctant towards liberalisation efforts, maintaining protectionism on both freedoms of the air (traffic rights) as well as foreign direct investment (ownership and control). Existing legal framework at regional level, namely ASEAN Framework Agreement on Services (AFAS) and ASEAN Trade in Services Agreement (ATISA), only received lukewarm attention from ASEAN Member States. This article discusses the urgency to recall the commitment of a gradual liberalisation based on AFAS and ATISA among the ASEAN Member States, the implementation of which will lead to the establishment of a regional community carrier which benefits ASEAN citizens.]]>
<![CDATA[Harmonization of State, Custom, and Islamic Law in Aceh: Perspective of Legal Pluralism ]]>
<![CDATA[Djawas, Mursyid]]>;
<![CDATA[Nurdin, Abidin]]>;
<![CDATA[Zainuddin, Muslim]]>;
<![CDATA[Idham, Idham]]>;
<![CDATA[Idami, Zahratul]]>
<![CDATA[ Hasanuddin Law Review VOLUME 10 ISSUE 1, APRIL 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20956/halrev.v10i1.4824
<![CDATA[Indonesia recognizes several legal systems i.e., state law, customary law, Islamic law, and international law. Islamic sharia in Aceh is part of legal pluralism in Indonesia. This study aims to discuss the application of Islamic sharia from the perspective of legal pluralism. This normative legal study employed a legal pluralism theory analysis. Legal pluralism is a theory that views law not only as positive or written law made by the state but also as a recognition of the legal reality that exists in a pluralistic society. The study collected data by means of a literature review. Findings revealed that Islamic sharia in Aceh as part of the recognition of the concept of legal pluralism has been implemented well in the context of state law, custom, and Islamic law. The state has provided juridical legitimacy through laws in the context of legal substance and judicial institutions or sharia courts. Likewise, revitalization has also occurred in traditional institutions in terms of customary law and customary justice. The argument emphasized in this study is that Islamic sharia in the context of legal pluralism has succeeded in manifesting legal harmonization between the state, custom, and Islamic law]]>
<![CDATA[Strengthening National Regulations in Combating Cross-Border Trafficking: Empirical Approach and the Way Forward ]]>
<![CDATA[Senewe, Emma Valentina Teresha]]>;
<![CDATA[Revivo, Antonio]]>;
<![CDATA[Maramis, Ronny Adrie]]>
<![CDATA[ Hasanuddin Law Review VOLUME 10 ISSUE 1, APRIL 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20956/halrev.v10i1.4879
<![CDATA[At practical level, both nationally and internationally, various efforts have been made to deal with increasingly acute human trafficking. However, as it turns out in practice, all existing legal instruments have not had a deterrent effect and have broken the chain of human trafficking to this day. Even more so in Indonesia. This article focuses on examining the answer to the problem, namely the national policy to prevent human trafficking and the efforts that can be made to eradicate increasingly complex human trafficking. This qualitative study is related to the policy and implementation of international and national policies to address human trafficking in cross-country border legal research. This paper provides information on the latest trends in research. The results show that the current moment of globalization is witnessing an extraordinary movement of people, legitimate and illegitimate, across national and international borders. This global movement of people has created panic across borders. It manifests itself in strengthening border controls and tightening immigration laws as a threat to the nation-state's security]]>
<![CDATA[The Constitutionality of Inheritance Rights for Extramarital Children: Assessing the Legal Response under Balinese Customary Law ]]>
<![CDATA[Sujana, I Nyoman]]>;
<![CDATA[Maruf, Irma Rachmawati]]>
<![CDATA[ Hasanuddin Law Review VOLUME 10 ISSUE 1, APRIL 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20956/halrev.v10i1.5170
<![CDATA[This article analyzes the inheritance rights of extramarital children under the post-Constitutional Court decision of Balinese customary law. Any child born of unmarried parents or out of adultery is stigmatized as an extramarital child (walad al zina) for his entire life and forbidden from inheriting an estate from his biological father. This legal issue is chosen as the main subject of this study is because of the legal circumstance in which the Balinese community does not grant status to extramarital children in matters of inheritance from the Purusa line. Hindu-Balinese religious leaders such as Parisada and the Traditional Village Council have never upheld the Constitutional Court’s ruling that states that children born out of wedlock have civil relations with their biological fathers. Islamic religious leaders have followed up on the Constitutional Court’s decision by issuing a fatwa of the Indonesian Ulema Council (MUI). The fatwa imposes an obligation on biological fathers to separate their wealth for a guarantee of life to children. Applying the statutory approach, conceptual approach, sociological approach, and case approach, it can be understood that children born out of wedlock (the Balinese call it begin at children) have no status as heirs in the Purusa line but have inheritance rights from their mother and their mother’s family.]]>
<![CDATA[The Impact of Artificial Technology on Authors of a Cinematographic Creation ]]>
<![CDATA[Radetzky, Michael Alexander]]>
<![CDATA[ Hasanuddin Law Review VOLUME 10 ISSUE 1, APRIL 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20956/halrev.v10i1.4780
<![CDATA[Algorithmic systems are used almost everywhere in our everyday lives and have strongly made their indispensable way into the film industry. This new reality has changed the rigid entertainment business models and has significantly impacted copyright law. The critical question that arises is how cinematographic authorship rights are affected by artificial contributions. Consequently, the main issue at hand is determining the legal status of the film author when it comes to using artificially created works. Since the film is a collectively created work of art, the possible authors were first determined by reviewing the relevant regulations. During this analysis, it has been revealed that an artificially created effort that lacks human creative participation is not considered a contribution and, consequently, not an author in the dogmatic copyright systems. This opens Pandora's box about the philosophical question of whether an artificial intelligence can or must be equated with a natural person if the creative cognitive processes are like those of a human being. Despite correct approaches, the well-intentioned proposals of the legal systems examined need to be revised. Solutions such as the e-person, the factually attributable natural person and a particular form of fair use will be experimented with in the future. A final national and international copyright solution for filmmakers has yet to be seen on the horizon.]]>
<![CDATA[Harmonization of State, Custom, and Islamic Law in Aceh: Perspective of Legal Pluralism ]]>
<![CDATA[Djawas, Mursyid]]>;
<![CDATA[Nurdin, Abidin]]>;
<![CDATA[Zainuddin, Muslim]]>;
<![CDATA[Idham, Idham]]>;
<![CDATA[Idami, Zahratul]]>
<![CDATA[ Hasanuddin Law Review VOLUME 10 ISSUE 1, APRIL 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20956/halrev.v10i1.4824
<![CDATA[Indonesia recognizes several legal systems i.e., state law, customary law, Islamic law, and international law. Islamic sharia in Aceh is part of legal pluralism in Indonesia. This study aims to discuss the application of Islamic sharia from the perspective of legal pluralism. This normative legal study employed a legal pluralism theory analysis. Legal pluralism is a theory that views law not only as positive or written law made by the state but also as a recognition of the legal reality that exists in a pluralistic society. The study collected data by means of a literature review. Findings revealed that Islamic sharia in Aceh as part of the recognition of the concept of legal pluralism has been implemented well in the context of state law, custom, and Islamic law. The state has provided juridical legitimacy through laws in the context of legal substance and judicial institutions or sharia courts. Likewise, revitalization has also occurred in traditional institutions in terms of customary law and customary justice. The argument emphasized in this study is that Islamic sharia in the context of legal pluralism has succeeded in manifesting legal harmonization between the state, custom, and Islamic law]]>
<![CDATA[Strengthening National Regulations in Combating Cross-Border Trafficking: Empirical Approach and the Way Forward ]]>
<![CDATA[Senewe, Emma Valentina Teresha]]>;
<![CDATA[Revivo, Antonio]]>;
<![CDATA[Maramis, Ronny Adrie]]>
<![CDATA[ Hasanuddin Law Review VOLUME 10 ISSUE 1, APRIL 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20956/halrev.v10i1.4879
<![CDATA[At practical level, both nationally and internationally, various efforts have been made to deal with increasingly acute human trafficking. However, as it turns out in practice, all existing legal instruments have not had a deterrent effect and have broken the chain of human trafficking to this day. Even more so in Indonesia. This article focuses on examining the answer to the problem, namely the national policy to prevent human trafficking and the efforts that can be made to eradicate increasingly complex human trafficking. This qualitative study is related to the policy and implementation of international and national policies to address human trafficking in cross-country border legal research. This paper provides information on the latest trends in research. The results show that the current moment of globalization is witnessing an extraordinary movement of people, legitimate and illegitimate, across national and international borders. This global movement of people has created panic across borders. It manifests itself in strengthening border controls and tightening immigration laws as a threat to the nation-state's security]]>
