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Academic Misconduct Responsibilities: An Empirical Comparison Using 35 Chinese Cases as a Foundation Cao, Wenze; Cao, Zhaoxun; Rajamanickam, Ramalinggam; Dahlan, Nur Khalidah
Hasanuddin Law Review VOLUME 11 ISSUE 1, APRIL 2025
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v11i1.5696

This article undertakes a comprehensive exploration of academic misconduct by employing a robust comparative and empirical approach. It meticulously examines 35 representative cases from China, delving into the diverse manifestations of academic misconduct such as fund project evaluation interference, fraud, paper trading, improper authorship, and multiple submissions. Through in-depth legal analysis, it not only investigates the infringements on intellectual property rights and public legal interests but also proposes the application of strict liability in tort law. To enhance the regulatory framework, the article advocates for clearer criminalization criteria for severe academic misconduct. It further extends the discussion to incorporate the roles of academic institutions, the challenges in enforcement, and a more expansive legal framework. By drawing on international experiences and best practices, it formulates comprehensive and actionable suggestions for reforming China's academic misconduct regulations, aiming to address this issue effectively on both national and international levels.

Enhancing Minority Rights in Kosovo and the Balkans: Legal Avenues to Inclusion Alidemaj, Avni H.; Maliqi, Alban
Hasanuddin Law Review VOLUME 11 ISSUE 1, APRIL 2025
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v11i1.5911

The establishment of lasting peace as a requirement for overall societal development is one of the major challenges facing emerging multi-ethnic societies. On the other hand, a lack of fundamental rights and liberties can spark unrest within the state, with the potential for conflict escalation and the involvement of other countries. The Balkan region is a classic example of ethnic conflict that has resulted in crimes and deep enmities between people who once lived peacefully together. The paper compares Kosovo to other Balkan countries in terms of the importance of empowering minority rights and freedoms, as well as using the proactive approach of governmental institutions to include minority community members in the decision-making process. The research has found that the minority groups are not well informed on legal guarantees of their rights and liberties, therefore the impression of legal gaps in safeguarding the latter is very significant. Long-term peace can be maintained by ensuring minorities' rights through the constitution and legal framework and then ensuring those rights are known to the minorities and upheld as well. The article applies a legal-doctrinal, analytical, comparative, qualitative, and quantitative method to determine the legal framework of minority community rights in Kosovo and how they interact with state institutions.

Legal Reforms in Indonesia’s Financial Sector on Institutional Relations between Bank Indonesia and the Government Wardhono, R. Dwi Tjahja K.; Simatupang, Dian Puji Nugraha; Shalehanti, Nadhia
Hasanuddin Law Review VOLUME 11 ISSUE 1, APRIL 2025
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v11i1.5438

Legal reform in the financial sector has an important role to play in preparing Indonesia a Golden Indonesia in 2045. The financial sector is very important strategic in the development and welfare Indonesia, supporting its sustainable economic development. Strengthening institutional functions and tasks as well as coordination among ministries and institutions, in this case between the central bank and the government, are essential in order to increase financial system resilience and economic growth. This study analyses financial sector legal reforms that impact institutional relations between central banks and governments by conducting comparative studies of the United States, Japan, Australia, and Thailand. This research also has been updated to present the implications of legal reform in the financial sector on Bank Indonesia's expanding duties and authorities to support a sustainable economy through the enactment of Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector. The results of this study show that with the legal reform in the financial sector, there is a new perspective related to Bank Indonesia's independence, which has been adjusted through the adoption of a policy mix prioritising monetary policy. Fiscal authority does not become superior but accommodative as long as it does not conflict with monetary policy interests. The institutional relationship between Bank Indonesia and the government using a policy mix pattern that emphasizes aspects of monetary policy harmonization based on other policy paradigms that are in line with safeguarding broader economic interests.

Smart Contract as a Novel Method of Contracting: Many Unanswered Legal Questions Al Mashhour, Omar Farouk; Abd Aziz, Ahmad Shamsul; Mohd Noor, Nor Azlina
Hasanuddin Law Review VOLUME 11 ISSUE 1, APRIL 2025
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v11i1.5061

Smart contracts have shed light on a new era of contract law, which necessitates a proper legal response to address their unique characteristics, including automation, self-enforcement, coded, immutability, and irreversibility. While these features offer significant legal and practical benefits, they raised critical legal questions. The study aims to identify the legal challenges resulting from the implementation of smart contracts through an in-depth examination of various key aspects. To achieve the intended objective, the study adopted qualitative research utilising the library method and analysing data descriptively and analytically. The study revealed that applying the current conventional contract laws is inadequate and would create a bundle of unprecedented legal questions related to all the life cycle of the contracts, such as legal existence, formation and enforcement, jurisdictional issue, mechanism, unlawful activities, as well as the third parties. The study recommended establishing a specialised framework to address various issues, including the establishment of a regulatory and supervisory body, legislative clarification on various aspects of smart contracts’ such as exchange of will, place, and time, coding language and coding errors, essential functions, jurisdiction and enforcement, ADR, external partners such as Oracle and coding experts, in addition to other matters pertaining to validity and admissibility. Future studies may focus on using these questions as a way to measure the viability of their law to address the emergence of smart contracts.

Conceptualization of Region-Specific Comprehensive Ocean Management Regime for Maritime Economic Exploration Chowdhury, M Rezaul Karim; Abdul Hamid, Saharuddin; Mohd Salleh, Nurul Haqimin
Hasanuddin Law Review VOLUME 11 ISSUE 1, APRIL 2025
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v11i1.5027

The history of the global economy is closely tied to the control of international trade routes, with maritime dominance playing a central role—evident in the supremacy of the Phoenicians, Arabs, and later European colonial powers. In the post-Cold War unipolar era, the USA has leveraged globalization through its maritime military hegemony. The Indian Ocean, particularly the Bay of Bengal (BoB), represents a critical hub for global sea trade and economic connectivity, intersecting with the South China Sea. Ensuring regional peace and stability is essential for sustaining international maritime trade and blue economic growth. This research introduces a novel Comprehensive Ocean Management Regime (COMR) tailored to the BOB maritime-littoral region to address these challenges and advance sustainable blue economic objectives. By critically analysing global coastal and ocean governance practices—such as Maritime Protected Areas and Integrated Coastal Zone Management—the study identifies policy, management, and operational challenges and proposes actionable solutions. Recognizing the limitations of aggregated sectoral data and the scarcity of precise quantitative insights, the study adopts a qualitative approach and employs the Delphi method to gather expert consensus through iterative analysis. The COMR framework provides a unique, actionable model that can guide sustainable maritime policy and management in the BOB region, contributing to the broader discourse on sustainable ocean governance.

Legal Gaps in Personal Data Protection: Reforming Indonesia’s Population Administration Law Triyanti, Ninuk; Handayani, I Gusti Ayu Ketut Rachmi; Karjoko, Lego
Hasanuddin Law Review VOLUME 11 ISSUE 1, APRIL 2025
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v11i1.6177

This study critically examines the existing legal framework for personal data protection within Indonesia’s population administration system. Through a normative legal research approach, it identifies significant regulatory gaps that leave personal information vulnerable to misuse and breaches. The results show that the current legal policies remain insufficient, as numerous aspects of personal data protection have yet to be explicitly regulated in the Population Administration Law. Despite the enactment of a national personal data protection law, its effectiveness is undermined by the lack of comprehensive integration into the Population Administration Law. This research proposes reconstructing the legal framework to address essential aspects of data management—such as collection, utilization, safeguarding, exchange, and misuse prevention—while establishing clear access rights, prohibitions on unauthorized activities, and a structured system of proportional sanctions. By incorporating specialized legal provisions and aligning with international best practices, these reforms would strengthen Indonesia’s data protection framework, enhance public trust, and reinforce the government’s role in safeguarding citizens’ personal information.

Resolving Medical Disputes: Lessons from U.S. Arbitration for Indonesia’s Legal Framework Fakih, Muhammad; Natamiharja, Rudi; Muhammad Miraj Mirza, Isroni; Pratama, Andre Arya; Oktarlina, Rasmi Zakiah
Hasanuddin Law Review VOLUME 11 ISSUE 1, APRIL 2025
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v11i1.5375

Arbitration serves as a dispute resolution method that offers notable benefits, especially in cases related to medical issues. In contrast, other methods such as litigation are often seen as less effective, while mediation lacks executory power due to the absence of legal enforceability, making agreements vulnerable to cancellation. In Indonesia, arbitration has not yet been adopted for resolving medical disputes, as specific technical regulations are still needed to guide relevant institutions and establish effective mechanisms. This research highlights the importance of implementing arbitration in Indonesia’s medical dispute resolution framework, using a comparative analysis of practices in the United States. Employing normative legal research with qualitative data analysis and comparative examination of international legal practices, the findings reveal that arbitration offers a binding and final resolution, making it a highly effective approach for handling medical disputes. To facilitate its adoption in Indonesia, comprehensive technical regulations and a legal framework—similar to the United States’ Uniform Arbitration Act (UAA), which outlines arbitration requirements for individual states—are necessary.

Conceptualization of Region-Specific Comprehensive Ocean Management Regime for Maritime Economic Exploration Chowdhury, M Rezaul Karim; Abdul Hamid, Saharuddin; Mohd Salleh, Nurul Haqimin
Hasanuddin Law Review VOLUME 11 ISSUE 1, APRIL 2025
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v11i1.5027

The history of the global economy is closely tied to the control of international trade routes, with maritime dominance playing a central role—evident in the supremacy of the Phoenicians, Arabs, and later European colonial powers. In the post-Cold War unipolar era, the USA has leveraged globalization through its maritime military hegemony. The Indian Ocean, particularly the Bay of Bengal (BoB), represents a critical hub for global sea trade and economic connectivity, intersecting with the South China Sea. Ensuring regional peace and stability is essential for sustaining international maritime trade and blue economic growth. This research introduces a novel Comprehensive Ocean Management Regime (COMR) tailored to the BOB maritime-littoral region to address these challenges and advance sustainable blue economic objectives. By critically analysing global coastal and ocean governance practices—such as Maritime Protected Areas and Integrated Coastal Zone Management—the study identifies policy, management, and operational challenges and proposes actionable solutions. Recognizing the limitations of aggregated sectoral data and the scarcity of precise quantitative insights, the study adopts a qualitative approach and employs the Delphi method to gather expert consensus through iterative analysis. The COMR framework provides a unique, actionable model that can guide sustainable maritime policy and management in the BOB region, contributing to the broader discourse on sustainable ocean governance.

Smart Contract as a Novel Method of Contracting: Many Unanswered Legal Questions Al Mashhour, Omar Farouk; Abd Aziz, Ahmad Shamsul; Mohd Noor, Nor Azlina
Hasanuddin Law Review VOLUME 11 ISSUE 1, APRIL 2025
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v11i1.5061

Smart contracts have shed light on a new era of contract law, which necessitates a proper legal response to address their unique characteristics, including automation, self-enforcement, coded, immutability, and irreversibility. While these features offer significant legal and practical benefits, they raised critical legal questions. The study aims to identify the legal challenges resulting from the implementation of smart contracts through an in-depth examination of various key aspects. To achieve the intended objective, the study adopted qualitative research utilising the library method and analysing data descriptively and analytically. The study revealed that applying the current conventional contract laws is inadequate and would create a bundle of unprecedented legal questions related to all the life cycle of the contracts, such as legal existence, formation and enforcement, jurisdictional issue, mechanism, unlawful activities, as well as the third parties. The study recommended establishing a specialised framework to address various issues, including the establishment of a regulatory and supervisory body, legislative clarification on various aspects of smart contracts’ such as exchange of will, place, and time, coding language and coding errors, essential functions, jurisdiction and enforcement, ADR, external partners such as Oracle and coding experts, in addition to other matters pertaining to validity and admissibility. Future studies may focus on using these questions as a way to measure the viability of their law to address the emergence of smart contracts.

Resolving Medical Disputes: Lessons from U.S. Arbitration for Indonesia’s Legal Framework Fakih, Muhammad; Natamiharja, Rudi; Muhammad Miraj Mirza, Isroni; Pratama, Andre Arya; Oktarlina, Rasmi Zakiah
Hasanuddin Law Review VOLUME 11 ISSUE 1, APRIL 2025
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v11i1.5375

Arbitration serves as a dispute resolution method that offers notable benefits, especially in cases related to medical issues. In contrast, other methods such as litigation are often seen as less effective, while mediation lacks executory power due to the absence of legal enforceability, making agreements vulnerable to cancellation. In Indonesia, arbitration has not yet been adopted for resolving medical disputes, as specific technical regulations are still needed to guide relevant institutions and establish effective mechanisms. This research highlights the importance of implementing arbitration in Indonesia’s medical dispute resolution framework, using a comparative analysis of practices in the United States. Employing normative legal research with qualitative data analysis and comparative examination of international legal practices, the findings reveal that arbitration offers a binding and final resolution, making it a highly effective approach for handling medical disputes. To facilitate its adoption in Indonesia, comprehensive technical regulations and a legal framework—similar to the United States’ Uniform Arbitration Act (UAA), which outlines arbitration requirements for individual states—are necessary.

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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

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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