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Notarial Challenges for Aircraft Deeds: Unlocking the Potential of Aircraft as Collateral Yahanan, Annalisa; Murzal, Murzal; Turatmiyah, Sri; Si, Tongle
Hasanuddin Law Review VOLUME 10 ISSUE 3, DECEMBER 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i3.4818

A notary is a public official entrusted with the authority to draft legal deeds pertaining to agreements within the scope of private law. However, their ability to fulfill this role is limited when they are unable to draft aircraft mortgage deeds. This study aims to critically evaluate the scope of a notary's authority in preparing aircraft-related deeds and to examine the various forms of legal deeds that have emerged in practice when aircraft are used as collateral in credit agreements. Using a normative legal approach, the research employs statutory analysis, conceptual exploration, and interpretative methods to assess legal materials. The findings reveal that notaries face considerable obstacles in exercising their authority due to the lack of specific regulations on aircraft mortgages, even as the aviation industry continues to grow rapidly. This regulatory void has resulted in the emergence of diverse deed types, such as Deeds of Agreement for the Transfer of Guarantee and Grant of Power of Attorney, Fiduciary Deeds, and Deeds for the Transfer and Guarantee of Power of Attorney. Furthermore, as aircraft, categorized as registered objects, can be classified as immovable property and potentially treated as mortgageable collateral, the establishment of specific regulations governing aircraft mortgages is essential to avoid legal uncertainty and ensure clear regulatory guidance.

RETRACTED: Pierre Cardin and the Legal Battle for Well-Known Marks: Insights from Indonesia and the Netherlands Sujatmiko, Agung; Haq, Hayyan Ul; Romadhona, Mochamad Kevin; Antons, Christoph
Hasanuddin Law Review VOLUME 10 ISSUE 3, DECEMBER 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i3.5583

Retraction notice: This article has been retracted at the request of the Editor-in-Chief due to concerns related to authorship issues.This work is aimed at reexamining the well-known mark protection, particularly in Indonesia. It is sparked by a substantive gap, covering theoretical and practical elements in protecting well-known mark. The case rooted at the Indonesian Supreme Court decision that refers to the constitutive systems in mark registration and refused the Pierre Cardin proposal to invalidate the Indonesian local that used mark Pierre Cardin for his convection products. Normatively, the court should analyze and consider the architecture of norms in protecting well-known mark by going further into the international conventions on mark, such as TRIPs agreement and Madrid Protocol that recognize and protect the well-known mark. To analyze this case, this work will apply normative legal research. In the discussion section, this work elaborates the basic concepts of well-known mark, fundamental and core elements as well as the indicators or criteria of well-known mark. In addition, this work will compare some jurisprudences concerning the well-known mark protection. At the end, this work offers some substantive and pragmatic approaches in strengthening well-known mark protection. The substantive approach will discuss and examine some theories, norms, and policies used by judges in handling well-known mark cases. Whereas, the pragmatic approach underlines the importance of institutional networking and legal awareness improvement, particularly key society groups, e.g., university and industry, to control violation of well-known marks.

EIA in Strengthening Law Enforcement and Penalties: A Case of Corruption in Natural Resource Sector Sasongko, Mochamad Agung; Mizuno, Kosuke; Utomo, Suyud Warno; Koestoer, Raldi Hendro
Hasanuddin Law Review VOLUME 10 ISSUE 3, DECEMBER 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i3.5167

Corruption in Indonesia's natural resource sector is a significant issue with far-reaching consequences for environmental sustainability. Despite the detrimental effects of corrupt practices on the environment, law enforcement penalties for corruption often fail to compensate for their environmental impact. The aim of the study is to explore how the use of Environmental Impact Assessments (EIAs) strengthens law enforcement efforts and increase penalties for corrupt practices in Indonesia's natural resource sector. The method used is to collect and analyze regulations, policies, and corruption study cases to examine the relationship between EIA and corruption penalties. The results showed that EIA can help corruption cases investigation and corruption cases involving EIA receive heavier penalties. This study concluded that the Indonesian government needs to reformulate its law enforcement approach by incorporating EIA into corruption investigations and using more severe penalties to deter corruption in the natural resource sector.

Legal Framework for Authenticity of Blockchain Electronic Evidence in China: Under a Comparative Law Perspective Chen, Siqi; Rajamanickam, Ramalinggam; Manap, Nazura Abdul
Hasanuddin Law Review VOLUME 10 ISSUE 3, DECEMBER 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i3.5638

This article analyses the attitudes of various courts towards blockchain electronic evidence and the inconsistent conclusions on its authenticity in China’s judicial practice. The purpose of this article is to explore the rules for determining the authenticity of blockchain electronic evidence that are suitable for China’s reality. This article adopts a qualitative approach to analyse the rules for determining the authenticity of blockchain electronic evidence in China, and identifies the problems faced when reviewing the authenticity of blockchain electronic evidence in Chinese judicial practice. Finally, by comparing and learning from the U.S. rules for determining the authenticity of blockchain electronic evidence, this article puts forward proposals for establishing the best evidence rule and the hearsay rule for blockchain electronic evidence, refining the rules for judicial presumptions as well as explicitly reviewing the authenticity of the electronic evidence prior to uploading it to the blockchain.

Regulatory Challenges in Wastewater Management and its Impacts on Environmental Sustainability Maskun, Maskun; Kamaruddin, Hanim; Khalid, Rasyikah Md; Anugerah, Muhammad; Wiranti, Wiranti; Bachril, Siti Nurhaliza
Hasanuddin Law Review VOLUME 10 ISSUE 3, DECEMBER 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i3.5560

Before the enactment of the Job Creation Law, liquid waste disposal was governed by a specific permit system. However, with the introduction of the Job Creation Law, this system transitioned to requiring businesses to obtain technical approvals to comply with wastewater quality standards. Challenges have emerged, particularly improper practices that fail to align with ethical environmental principles. This research critically examines Indonesia's legislative framework for liquid waste management, focusing on its implementation and impact under the Job Creation Law, with a specific emphasis on environmental sustainability. A significant finding highlights persistent issues in managing household and laundry wastewater, which remain inadequately addressed under current regulations. Such gaps undermine environmental ethics, both anthropocentrism and ecocentrism. This paper advocates for synchronized regulations and comprehensive guidelines to mitigate adverse effects on environmental sustainability, ensuring stronger legal protections for Indonesian society.

Justice Delayed, Justice Denied: A Critical Examination of Repeated Suspect Status in Indonesia Susilo, Erwin; Din, Mohd.; Suhaimi, Suhaimi; Mansur, Teuku Muttaqin
Hasanuddin Law Review VOLUME 10 ISSUE 3, DECEMBER 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i3.6088

The Indonesian criminal justice system faces critical issues with the repeated designation of individuals as suspects, which compromises legal certainty and the protection of human rights. This study provides a critical analysis of the procedural and ethical consequences of repeated suspect designations within the framework of Indonesia's Criminal Procedure Code. This study employs a doctrinal legal research methodology, incorporating statute, case and conceptual approaches. The results show that pretrial judges assess the validity of suspect designations based on procedural and formal principles. Their authority is confined to reviewing formal aspects. These limitations underscore that pretrial proceedings focus solely on administrative and procedural compliance rather than the substantive merits of the case. This formalist perspective follows civil procedural principles, emphasizing procedural correctness over material truth. While pretrial judges can annul a suspect designation, investigators can re-designate the person as a suspect if new evidence is presented. Such a reform would ensure a more balanced relationship between judicial oversight and investigative authority, minimizing arbitrary practices and enhancing procedural fairness. However, the recurring practice of re-designating suspects raises a significant flaw in the system, undermining legal certainty and eroding public trust.

Notarial Challenges for Aircraft Deeds: Unlocking the Potential of Aircraft as Collateral Yahanan, Annalisa; Murzal, Murzal; Turatmiyah, Sri; Si, Tongle
Hasanuddin Law Review VOLUME 10 ISSUE 3, DECEMBER 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i3.4818

A notary is a public official entrusted with the authority to draft legal deeds pertaining to agreements within the scope of private law. However, their ability to fulfill this role is limited when they are unable to draft aircraft mortgage deeds. This study aims to critically evaluate the scope of a notary's authority in preparing aircraft-related deeds and to examine the various forms of legal deeds that have emerged in practice when aircraft are used as collateral in credit agreements. Using a normative legal approach, the research employs statutory analysis, conceptual exploration, and interpretative methods to assess legal materials. The findings reveal that notaries face considerable obstacles in exercising their authority due to the lack of specific regulations on aircraft mortgages, even as the aviation industry continues to grow rapidly. This regulatory void has resulted in the emergence of diverse deed types, such as Deeds of Agreement for the Transfer of Guarantee and Grant of Power of Attorney, Fiduciary Deeds, and Deeds for the Transfer and Guarantee of Power of Attorney. Furthermore, as aircraft, categorized as registered objects, can be classified as immovable property and potentially treated as mortgageable collateral, the establishment of specific regulations governing aircraft mortgages is essential to avoid legal uncertainty and ensure clear regulatory guidance.

EIA in Strengthening Law Enforcement and Penalties: A Case of Corruption in Natural Resource Sector Sasongko, Mochamad Agung; Mizuno, Kosuke; Utomo, Suyud Warno; Koestoer, Raldi Hendro
Hasanuddin Law Review VOLUME 10 ISSUE 3, DECEMBER 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i3.5167

Corruption in Indonesia's natural resource sector is a significant issue with far-reaching consequences for environmental sustainability. Despite the detrimental effects of corrupt practices on the environment, law enforcement penalties for corruption often fail to compensate for their environmental impact. The aim of the study is to explore how the use of Environmental Impact Assessments (EIAs) strengthens law enforcement efforts and increase penalties for corrupt practices in Indonesia's natural resource sector. The method used is to collect and analyze regulations, policies, and corruption study cases to examine the relationship between EIA and corruption penalties. The results showed that EIA can help corruption cases investigation and corruption cases involving EIA receive heavier penalties. This study concluded that the Indonesian government needs to reformulate its law enforcement approach by incorporating EIA into corruption investigations and using more severe penalties to deter corruption in the natural resource sector.

Regulatory Challenges in Wastewater Management and its Impacts on Environmental Sustainability Maskun, Maskun; Kamaruddin, Hanim; Khalid, Rasyikah Md; Anugerah, Muhammad; Wiranti, Wiranti; Bachril, Siti Nurhaliza
Hasanuddin Law Review VOLUME 10 ISSUE 3, DECEMBER 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i3.5560

Before the enactment of the Job Creation Law, liquid waste disposal was governed by a specific permit system. However, with the introduction of the Job Creation Law, this system transitioned to requiring businesses to obtain technical approvals to comply with wastewater quality standards. Challenges have emerged, particularly improper practices that fail to align with ethical environmental principles. This research critically examines Indonesia's legislative framework for liquid waste management, focusing on its implementation and impact under the Job Creation Law, with a specific emphasis on environmental sustainability. A significant finding highlights persistent issues in managing household and laundry wastewater, which remain inadequately addressed under current regulations. Such gaps undermine environmental ethics, both anthropocentrism and ecocentrism. This paper advocates for synchronized regulations and comprehensive guidelines to mitigate adverse effects on environmental sustainability, ensuring stronger legal protections for Indonesian society.

RETRACTED: Pierre Cardin and the Legal Battle for Well-Known Marks: Insights from Indonesia and the Netherlands Sujatmiko, Agung; Haq, Hayyan Ul; Romadhona, Mochamad Kevin; Antons, Christoph
Hasanuddin Law Review VOLUME 10 ISSUE 3, DECEMBER 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i3.5583

Retraction notice: This article has been retracted at the request of the Editor-in-Chief due to concerns related to authorship issues.This work is aimed at reexamining the well-known mark protection, particularly in Indonesia. It is sparked by a substantive gap, covering theoretical and practical elements in protecting well-known mark. The case rooted at the Indonesian Supreme Court decision that refers to the constitutive systems in mark registration and refused the Pierre Cardin proposal to invalidate the Indonesian local that used mark Pierre Cardin for his convection products. Normatively, the court should analyze and consider the architecture of norms in protecting well-known mark by going further into the international conventions on mark, such as TRIPs agreement and Madrid Protocol that recognize and protect the well-known mark. To analyze this case, this work will apply normative legal research. In the discussion section, this work elaborates the basic concepts of well-known mark, fundamental and core elements as well as the indicators or criteria of well-known mark. In addition, this work will compare some jurisprudences concerning the well-known mark protection. At the end, this work offers some substantive and pragmatic approaches in strengthening well-known mark protection. The substantive approach will discuss and examine some theories, norms, and policies used by judges in handling well-known mark cases. Whereas, the pragmatic approach underlines the importance of institutional networking and legal awareness improvement, particularly key society groups, e.g., university and industry, to control violation of well-known marks.

Home Page

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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

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Abstract

Abstract

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