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Civil Law, Conflict of Laws, and Extraterritoriality in the European Supply Chain Due Diligence Law Koos, Stefan
Hasanuddin Law Review VOLUME 10 ISSUE 2, AUGUST 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i2.5535

This paper gives an overview of the new European Union’s Corporate Sustainability Due Diligence Directive (CSDDD), its relation to the German Supply Chain Due Diligence Act (LkSG) from 2021, and the systematic background of both acts. The article contradicts criticism of the extraterritorial effects of the acts, underlining a legislative purpose as part of the national business law regarding fair competition and consumer protection besides the purpose of improving life conditions. The acts are part of an international socially responsible business law. The CSDDD is introducing a new specific civil liability provision. It also brings significant advancements in conflict-of-law principles by introducing mandatory liability norms that apply regardless of jurisdiction. Implementing due diligence obligations in complex international supply chains poses challenges for companies, requiring robust risk management systems and ongoing adjustments. This strict regulation must be balanced with the practical feasibility of Corporate Social Responsibility duties, and a reasonable allocation of responsibilities must take place without risking that the effect of the legislation will stay behind formalistic compliance requirements. The concept of organizational responsibility plays a core role in this balancing process.

Artificial Intelligence and Administrative Justice: An Analysis of Predictive Justice in France Nouri, Zouhaier; Salah, Walid Ben; AlOmran, Nayel
Hasanuddin Law Review VOLUME 10 ISSUE 2, AUGUST 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i2.5541

This article critically analyzes the ethical and legal implications of adopting predictive analytics by the French administrative justice system. It raises a key question: Is it wise to integrate artificial intelligence into the administrative justice system, considering its potential benefits, despite the associated risks, ethical dilemmas, and legal challenges? The research employs a method based on an extensive literature review, a qualitative analysis of the adoption by the French administrative justice of predictive analytics tools, and a critical evaluation of the benefits and issues these tools bring. The study finds that AI can make the administrative justice system more efficient, reduce backlogs, and enhance the consistency and predictability of judicial decisions. However, the study also identifies important risks and serious ethical and legal issues associated with integrating AI tools into the justice system. Especially, AI utilization can lead to the dehumanization of justice and poses real risks to the independence and impartiality of justice. While AI can offer significant benefits to all the stakeholders of the administrative justice system, its integration must be approached with caution. A progressive and responsible approach to AI adoption is necessary to avoid compromising judicial integrity and upholding fundamental justice values.

The Proportionality Test Models of Competing Rights Cases in the Civil and Common Law Systems: Lesson to Learn for Indonesia Lailam, Tanto; Anggia, Putri; Chakim, M. Luthfi
Hasanuddin Law Review VOLUME 10 ISSUE 2, AUGUST 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i2.4844

This research focuses on the Proportionality test model of Competing Rights in practice in civil law countries (Germany and South Korea) and the Common Law System (United States and Canada). The research method used is a normative legal research method with statutory, comparative, and case approaches. The results show that the proportionality test is the "ultimate rule of law," a fundamental benchmark in judicial review, and has become a global constitutionalism recognised and applied internationally. Its application is structured and systematic with four test stages, such as German, Canadian, and South Korean models. Meanwhile, it is unstructured in the United States, and there is only one analytical tool (balancing test). In the case of decision, the four stages are only sometimes applied, but according to the needs of the analysis. If, at the third stage (necessity/minimal impairment), it is found that the object being tested is contrary to the Constitution, then the argumentation focuses on that analysis of it. The fourth stage is used if the case is more complicated and requires analysing the balance of norms and legal values. Meanwhile, in the Indonesian Constitutional Court practice, there is a proportional analysis, but it is partial, unstructured, and unsystematic. Therefore, in the future, it is essential to develop an Indonesian model of the principle of proportionality under the values of Pancasila and the 1945 Constitution.

The Use of Artificial Intelligence in Armed Conflict under International Law Siregar, Naek; Aini, Desy Churul; Rehulina, Rehulina; Subandi, Agit Yogi; Mirza, Isroni Muhammad Miraj
Hasanuddin Law Review VOLUME 10 ISSUE 2, AUGUST 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i2.5267

Artificial Intelligence (AI) is a technological achievement that simulates human intelligence through machines or computer programs. The integration of AI in military operations aims to minimize combatant casualties and enhance effectiveness in warfare. Despite the advantages and significance of this research, concerns arise regarding the ideal implementation of AI in armed conflicts due to potential security challenges. A significant issue lies in the legal perspective governing AI as a comprehensive defense tool. This paper employs a juridical normative research method based on a statutory approach to provide a descriptive analysis and examine the regulatory framework surrounding AI in armed conflict. The results indicate that the absence of comprehensive regulations complicates the accountability framework, making liability determination intricate, particularly when AI malfunctions due to substandard quality or improper use. In such cases, accountability may extend to both the creator and the user. The concept of liability for violations in armed conflict is explored according to international law, highlighting the implications and associated responsibilities of using AI within legal principles. This paper concludes that AI regulation must be crafted to ensure usage aligns with established procedures within the framework of international law.

Suspicion on the Non-conformity of the Goods as a Foundation of Breach of International Sales Contract Latifah, Emmy; Bajrektarevi, Anis H.; Salsabila, Dini Kartika
Hasanuddin Law Review VOLUME 10 ISSUE 2, AUGUST 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i2.4772

The aim of the research is to analyze the breach of international sales contract based on suspicion on non-conformity of the goods in regards to United Nations Convention on Contracts for the International Sale of Goods (CISG). This study is normative legal research. The types of approach used are the legislative approach, case approach, and conceptual approach. The analysis technique uses syllogistic methods through deductive thinking patterns. The result of the study indicates that the appropriate reason of suspicion of non-conformity of the goods under Article 35 of the CISG is the effect of suspicion on the usability of the goods rather than the existence of suspicion itself. It is required the most influence factor in having adverse effect on the function of the goods to be categorized as non-conformity of the goods in regards to a breach of contract. Suspicion could be removed by ensuring that the goods are functional. Finally, the burden of proof towards the suspicion on the non-conformity of the goods could be liable by the parties, especially the seller.

Indonesia Passenger’s Right Compensation for Transport Accidents: Is It Fulfilling a Sense of Justice? Nurbaiti, Siti
Hasanuddin Law Review VOLUME 10 ISSUE 2, AUGUST 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i2.5447

The mode of transportation—whether on land, at sea, or in the air—plays a crucial role in passenger mobility across various countries. Between passengers and carriers, binding contracts establish their legal relationship. However, a persistent issue remains: to what extent should carriers be held liable in cases of loss, injury, or death of passengers, and what are their obligations regarding compensation? The key question revolves around the scope of the carrier's responsibility to compensate passengers. As such, regulations governing carrier liability and compensation have become a critical focus in international legal studies, including in Indonesia, with comparisons drawn to several Southeast Asian countries. This research employs normative legal methodology with a conceptual framework. It is analyzed descriptively using a qualitative approach and concludes through deductive reasoning. The findings suggest that passenger compensation in several Southeast Asian countries does not fully satisfy the sense of justice. While there are regulations addressing compensation, they are often insufficiently stringent. In cases where accidents lead to legal action, the compensation amount is typically determined by the presiding judges on a case-by-case basis.

Suspicion on the Non-conformity of the Goods as a Foundation of Breach of International Sales Contract Latifah, Emmy; Bajrektarevi, Anis H.; Salsabila, Dini Kartika
Hasanuddin Law Review VOLUME 10 ISSUE 2, AUGUST 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i2.4772

The aim of the research is to analyze the breach of international sales contract based on suspicion on non-conformity of the goods in regards to United Nations Convention on Contracts for the International Sale of Goods (CISG). This study is normative legal research. The types of approach used are the legislative approach, case approach, and conceptual approach. The analysis technique uses syllogistic methods through deductive thinking patterns. The result of the study indicates that the appropriate reason of suspicion of non-conformity of the goods under Article 35 of the CISG is the effect of suspicion on the usability of the goods rather than the existence of suspicion itself. It is required the most influence factor in having adverse effect on the function of the goods to be categorized as non-conformity of the goods in regards to a breach of contract. Suspicion could be removed by ensuring that the goods are functional. Finally, the burden of proof towards the suspicion on the non-conformity of the goods could be liable by the parties, especially the seller.

The Proportionality Test Models of Competing Rights Cases in the Civil and Common Law Systems: Lesson to Learn for Indonesia Lailam, Tanto; Anggia, Putri; Chakim, M. Luthfi
Hasanuddin Law Review VOLUME 10 ISSUE 2, AUGUST 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i2.4844

This research focuses on the Proportionality test model of Competing Rights in practice in civil law countries (Germany and South Korea) and the Common Law System (United States and Canada). The research method used is a normative legal research method with statutory, comparative, and case approaches. The results show that the proportionality test is the "ultimate rule of law," a fundamental benchmark in judicial review, and has become a global constitutionalism recognised and applied internationally. Its application is structured and systematic with four test stages, such as German, Canadian, and South Korean models. Meanwhile, it is unstructured in the United States, and there is only one analytical tool (balancing test). In the case of decision, the four stages are only sometimes applied, but according to the needs of the analysis. If, at the third stage (necessity/minimal impairment), it is found that the object being tested is contrary to the Constitution, then the argumentation focuses on that analysis of it. The fourth stage is used if the case is more complicated and requires analysing the balance of norms and legal values. Meanwhile, in the Indonesian Constitutional Court practice, there is a proportional analysis, but it is partial, unstructured, and unsystematic. Therefore, in the future, it is essential to develop an Indonesian model of the principle of proportionality under the values of Pancasila and the 1945 Constitution.

The Use of Artificial Intelligence in Armed Conflict under International Law Siregar, Naek; Aini, Desy Churul; Rehulina, Rehulina; Subandi, Agit Yogi; Mirza, Isroni Muhammad Miraj
Hasanuddin Law Review VOLUME 10 ISSUE 2, AUGUST 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i2.5267

Artificial Intelligence (AI) is a technological achievement that simulates human intelligence through machines or computer programs. The integration of AI in military operations aims to minimize combatant casualties and enhance effectiveness in warfare. Despite the advantages and significance of this research, concerns arise regarding the ideal implementation of AI in armed conflicts due to potential security challenges. A significant issue lies in the legal perspective governing AI as a comprehensive defense tool. This paper employs a juridical normative research method based on a statutory approach to provide a descriptive analysis and examine the regulatory framework surrounding AI in armed conflict. The results indicate that the absence of comprehensive regulations complicates the accountability framework, making liability determination intricate, particularly when AI malfunctions due to substandard quality or improper use. In such cases, accountability may extend to both the creator and the user. The concept of liability for violations in armed conflict is explored according to international law, highlighting the implications and associated responsibilities of using AI within legal principles. This paper concludes that AI regulation must be crafted to ensure usage aligns with established procedures within the framework of international law.

Indonesia Passenger’s Right Compensation for Transport Accidents: Is It Fulfilling a Sense of Justice? Nurbaiti, Siti
Hasanuddin Law Review VOLUME 10 ISSUE 2, AUGUST 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i2.5447

The mode of transportation—whether on land, at sea, or in the air—plays a crucial role in passenger mobility across various countries. Between passengers and carriers, binding contracts establish their legal relationship. However, a persistent issue remains: to what extent should carriers be held liable in cases of loss, injury, or death of passengers, and what are their obligations regarding compensation? The key question revolves around the scope of the carrier's responsibility to compensate passengers. As such, regulations governing carrier liability and compensation have become a critical focus in international legal studies, including in Indonesia, with comparisons drawn to several Southeast Asian countries. This research employs normative legal methodology with a conceptual framework. It is analyzed descriptively using a qualitative approach and concludes through deductive reasoning. The findings suggest that passenger compensation in several Southeast Asian countries does not fully satisfy the sense of justice. While there are regulations addressing compensation, they are often insufficiently stringent. In cases where accidents lead to legal action, the compensation amount is typically determined by the presiding judges on a case-by-case basis.

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Ahsan Yunus

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ahsan.yunus@gmail.com

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Journal Mail Official
hasanuddinlawreview@unhas.ac.id

Editorial Address
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Location
Kota makassar,

Sulawesi selatan

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Abstract

Abstract

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Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Ahsan Yunus

Contact Email ahsan.yunus@gmail.com

Phone -

Journal Mail Official hasanuddinlawreview@unhas.ac.id

Editorial Address -

Location Kota makassar, Sulawesi selatan INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Ahsan Yunus

Contact Email
ahsan.yunus@gmail.com

Phone
-

Journal Mail Official
hasanuddinlawreview@unhas.ac.id

Editorial Address
-

Location
Kota makassar,

Sulawesi selatan

INDONESIA