cover
Article Per Year (5 Year)
All
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
Hasanuddin Law Review
Published by Universitas Hasanuddin
ISSN : 24429880     EISSN : 24429899     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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
Arjuna Subject : -
Articles 10 Documents
 1 
Search results for , issue "VOLUME 9 ISSUE 3, DECEMBER 2023" : 10 Documents clear
Critical Legal Reading of World Anti-Doping Agency’s Gene Doping Guidance Al-Dafrawi, Ahmad Saad Ahmad
Hasanuddin Law Review VOLUME 9 ISSUE 3, DECEMBER 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i3.4653

Abstract

The genetic barrier negatively affected competitive athletic performance until the advent of gene therapy and genetic manipulation, which cast doubt on and impacted the legitimacy of sporting events. At that a critical point, the World Anti-Doping Agency (WADA) interfered in such experimentation and application with a serious attempt to curb the problem and set things back on track with the healthiest standards in light of bioethics. However, the major problem that the agency has encountered and which this legal study wants to raise, and address is the legal consequences that result from the lack of a reliable method that provides sufficient evidence and definitive answers to confirm whether cellular and gene doping are occurring or not. This is study aims to demonstrate that the procedures for accusing players of using genetic modification and genetic change techniques are incorrect and insufficient and may be harmful. The suspicion must be interpreted in favour of the accused (i.e., the athlete) in accordance with the general principles of penal codification. However, some of the Agency's procedures are not compatible with the provisions of international treaties, not to mention they conflict with the Punitive legislation of numerous countries.
The Early Warning System in Preventing Human Trafficking: Border (In) Security and Challenges for Indonesia Azizurrahman, Sy. Hasyim; Ismawati, Sri; Siagian, Parulian; Had, Abunawas; Tahir, Muhammad; Alkadri, Sy. Muhammad Ridho Rizki Maulufi
Hasanuddin Law Review VOLUME 9 ISSUE 3, DECEMBER 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i3.4692

Abstract

This article aims to find out how the early warning system is constructed in detecting human trafficking. This research discusses human trafficking in Indonesia, where most of the victims were trafficked to neighboring countries in the border area. One of the unsolved problem exist today is human trafficking in frontier areas; hence, there are three major factors causing the number of human trafficking in Indonesia is in high level according to data from the International Organization for Migration. This article is using empirical legal research method. The results show that the construction of an early warning system can be formed by studying the methods or modes used by the perpetrators in committing the crime of human trafficking. However, for this concept to succeed, good synchronization is needed between filters that include potential victims, agencies or institutions that can represent administrative functions, and officers at border area guard posts.
Legitimate Interest of Coastal States in Seabed Mining: Indonesia’s Practice Puspitawati, Dhiana; Susanto, Fransiska Ayulistya; Rusli, Mohd Hazmi Mohd; Fadli, Moh.
Hasanuddin Law Review VOLUME 9 ISSUE 3, DECEMBER 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i3.4116

Abstract

This paper focuses on the utilization of sea mineral resources in areas within national jurisdiction and in the international seabed area (hereafter known as the Area). It discusses Indonesian laws relevant to seabed mining and the need for such laws to take into consideration the maritime zones and activities in the Area, as stipulated by UNCLOS 1982. This paper begins with the identification of potential sea minerals both within national jurisdiction and in the Area. Next, it analyzes the international legal framework on seabed mining, including a discussion on the meaning of "legitimate interests of coastal States" and on the participation of developing states in the Area, as stipulated in Article 142 and 148 of UNCLOS 1982. Then, the national legal framework relating to seabed mining is discussed. Using the juridical-normative method, this paper finds that Indonesia does not currently have comprehensive national regulations covering seabed mining within its jurisdiction and in the Area. Although there is a presidential decree on the exploitation of sea sand, it is limited to institutional arrangements and only focuses on sea sand. Thus, this paper recommends the formulation of national regulations regarding the use of the seabed, both within and beyond national jurisdiction.
Reformulation of Decision-making System in ASEAN Syofyan, Ahmad; Azizah, Siti; Akayleh, Shaker Suleiman Ali Al; Panjaitan, Oksha Dwi Anugrah; Kusworo, Daffa Ladro
Hasanuddin Law Review VOLUME 9 ISSUE 3, DECEMBER 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i3.4912

Abstract

ASEAN is a regional organization for Southeast Asia that was established on 8 August 1967 by five ASEAN countries at the time, namely Indonesia, Singapore, Malaysia, Thailand and the Philippines. Today, ASEAN has eleven members with Timor Leste as the youngest member. Like any other international organization, ASEAN has its own decision-making system. The decision-making system in ASEAN before the Charter was only consultation and consensus. That is, decision making based on the agreement of all members and can only be decided if no one refuses, this refers to the Bangkok Declaration. Meanwhile, after the establishment of the 2007 ASEAN Charter, there is a new decision-making system, namely ASEAN Minus-X. A decision-making system that does not rely on the approval of all its members, so that a policy can be decided even if only approved by a few members. This decision-making system can only be done in the economic field. From these two decision-making systems, there are several challenges that exist so that new ideas emerge to reformulate the decision-making system in ASEAN, which is considered relevant to the times and can accommodate all the interests of ASEAN members.
Chinese Foreign Trade Policy within GATT-WTO: Parallel or Shadow Institutionality? González-Parias¡n, Carlos Hernán; Baena-Rojas, Jose Jaime; Mesa-Bedoya, Juan Camilo
Hasanuddin Law Review VOLUME 9 ISSUE 3, DECEMBER 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i3.4835

Abstract

The discussion of China's rise as a global economic and political power in recent decades has been fueling various theoretical discussions based on the evolution of its foreign trade policy. Hence, empirical research method is proposed in the field of international law involving the study of institutions, norms and procedures based on academic evidence. In this sense, this article analyzes the underlying reasons why this country, despite its late insertion into the Multilateral Trading System, has a relevant influence in the present. In fact, this influence from China has generated a scenario of regionalism both in the Asia-Pacific and with other strategic partners. All this, in addition to also evidencing a progressive "shadow institutionalism". Thus, this whole previous situation means that exist a real primacy achieved by China at world nowadays which also tends, in certain circumstances, to tarnish and even undermine the role of the GATT-WTO paradigm and its logic of multilateralism. Accordingly, this implies a particular scenario that suggest a whole parallel model of authority that affects the dynamics of international relations.
Legitimate Interest of Coastal States in Seabed Mining: Indonesia's Practice Puspitawati, Dhiana; Susanto, Fransiska Ayulistya; Rusli, Mohd Hazmi Mohd; Fadli, Moh.
Hasanuddin Law Review VOLUME 9 ISSUE 3, DECEMBER 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i3.4116

Abstract

This paper focuses on the utilization of sea mineral resources in areas within national jurisdiction and in the international seabed area (hereafter known as the Area). It discusses Indonesian laws relevant to seabed mining and the need for such laws to take into consideration the maritime zones and activities in the Area, as stipulated by UNCLOS 1982. This paper begins with the identification of potential sea minerals both within national jurisdiction and in the Area. Next, it analyzes the international legal framework on seabed mining, including a discussion on the meaning of "legitimate interests of coastal States" and on the participation of developing states in the Area, as stipulated in Article 142 and 148 of UNCLOS 1982. Then, the national legal framework relating to seabed mining is discussed. Using the juridical-normative method, this paper finds that Indonesia does not currently have comprehensive national regulations covering seabed mining within its jurisdiction and in the Area. Although there is a presidential decree on the exploitation of sea sand, it is limited to institutional arrangements and only focuses on sea sand. Thus, this paper recommends the formulation of national regulations regarding the use of the seabed, both within and beyond national jurisdiction.
The Early Warning System in Preventing Human Trafficking: Border (In) Security and Challenges for Indonesia Azizurrahman, Sy. Hasyim; Ismawati, Sri; Siagian, Parulian; Had, Abunawas; Tahir, Muhammad; Alkadri, Sy. Muhammad Ridho Rizki Maulufi
Hasanuddin Law Review VOLUME 9 ISSUE 3, DECEMBER 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i3.4692

Abstract

This article aims to find out how the early warning system is constructed in detecting human trafficking. This research discusses human trafficking in Indonesia, where most of the victims were trafficked to neighboring countries in the border area. One of the unsolved problem exist today is human trafficking in frontier areas; hence, there are three major factors causing the number of human trafficking in Indonesia is in high level according to data from the International Organization for Migration. This article is using empirical legal research method. The results show that the construction of an early warning system can be formed by studying the methods or modes used by the perpetrators in committing the crime of human trafficking. However, for this concept to succeed, good synchronization is needed between filters that include potential victims, agencies or institutions that can represent administrative functions, and officers at border area guard posts.
Critical Legal Reading of World Anti-Doping Agency’s Gene Doping Guidance Al-Dafrawi, Ahmad Saad Ahmad
Hasanuddin Law Review VOLUME 9 ISSUE 3, DECEMBER 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i3.4653

Abstract

The genetic barrier negatively affected competitive athletic performance until the advent of gene therapy and genetic manipulation, which cast doubt on and impacted the legitimacy of sporting events. At that a critical point, the World Anti-Doping Agency (WADA) interfered in such experimentation and application with a serious attempt to curb the problem and set things back on track with the healthiest standards in light of bioethics. However, the major problem that the agency has encountered and which this legal study wants to raise, and address is the legal consequences that result from the lack of a reliable method that provides sufficient evidence and definitive answers to confirm whether cellular and gene doping are occurring or not. This is study aims to demonstrate that the procedures for accusing players of using genetic modification and genetic change techniques are incorrect and insufficient and may be harmful. The suspicion must be interpreted in favour of the accused (i.e., the athlete) in accordance with the general principles of penal codification. However, some of the Agency's procedures are not compatible with the provisions of international treaties, not to mention they conflict with the Punitive legislation of numerous countries.
Chinese Foreign Trade Policy within GATT-WTO: Parallel or Shadow Institutionality? González-Parias¡n, Carlos Hernán; Baena-Rojas, Jose Jaime; Mesa-Bedoya, Juan Camilo
Hasanuddin Law Review VOLUME 9 ISSUE 3, DECEMBER 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i3.4835

Abstract

The discussion of China's rise as a global economic and political power in recent decades has been fueling various theoretical discussions based on the evolution of its foreign trade policy. Hence, empirical research method is proposed in the field of international law involving the study of institutions, norms and procedures based on academic evidence. In this sense, this article analyzes the underlying reasons why this country, despite its late insertion into the Multilateral Trading System, has a relevant influence in the present. In fact, this influence from China has generated a scenario of regionalism both in the Asia-Pacific and with other strategic partners. All this, in addition to also evidencing a progressive "shadow institutionalism". Thus, this whole previous situation means that exist a real primacy achieved by China at world nowadays which also tends, in certain circumstances, to tarnish and even undermine the role of the GATT-WTO paradigm and its logic of multilateralism. Accordingly, this implies a particular scenario that suggest a whole parallel model of authority that affects the dynamics of international relations.
Reformulation of Decision-making System in ASEAN Syofyan, Ahmad; Azizah, Siti; Akayleh, Shaker Suleiman Ali Al; Panjaitan, Oksha Dwi Anugrah; Kusworo, Daffa Ladro
Hasanuddin Law Review VOLUME 9 ISSUE 3, DECEMBER 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i3.4912

Abstract

ASEAN is a regional organization for Southeast Asia that was established on 8 August 1967 by five ASEAN countries at the time, namely Indonesia, Singapore, Malaysia, Thailand and the Philippines. Today, ASEAN has eleven members with Timor Leste as the youngest member. Like any other international organization, ASEAN has its own decision-making system. The decision-making system in ASEAN before the Charter was only consultation and consensus. That is, decision making based on the agreement of all members and can only be decided if no one refuses, this refers to the Bangkok Declaration. Meanwhile, after the establishment of the 2007 ASEAN Charter, there is a new decision-making system, namely ASEAN Minus-X. A decision-making system that does not rely on the approval of all its members, so that a policy can be decided even if only approved by a few members. This decision-making system can only be done in the economic field. From these two decision-making systems, there are several challenges that exist so that new ideas emerge to reformulate the decision-making system in ASEAN, which is considered relevant to the times and can accommodate all the interests of ASEAN members.

Page 1 of 1 | Total Record : 10

 1 

Filter by Year

2023 2023


Reset
Filter By Issues
All Issue VOLUME 11 ISSUE 3, DECEMBER 2025 VOLUME 11 ISSUE 2, AUGUST 2025 VOLUME 11 ISSUE 1, APRIL 2025 VOLUME 10 ISSUE 3, DECEMBER 2024 VOLUME 10 ISSUE 2, AUGUST 2024 VOLUME 10 ISSUE 1, APRIL 2024 VOLUME 9 ISSUE 3, DECEMBER 2023 VOLUME 9 ISSUE 2, AUGUST 2023 VOLUME 9 ISSUE 1, APRIL 2023 VOLUME 8 ISSUE 3, DECEMBER 2022 VOLUME 8 ISSUE 2, AUGUST 2022 VOLUME 8 ISSUE 1, APRIL 2022 VOLUME 7 ISSUE 3, DECEMBER 2021 VOLUME 7 ISSUE 2, AUGUST 2021 VOLUME 7 ISSUE 1, APRIL 2021 VOLUME 6 ISSUE 3, DECEMBER 2020 VOLUME 6 ISSUE 2, AUGUST 2020 VOLUME 6 ISSUE 1, APRIL 2020 VOLUME 5 ISSUE 3, DECEMBER 2019 VOLUME 5 ISSUE 2, AUGUST 2019 VOLUME 5 ISSUE 1, APRIL 2019 VOLUME 5 ISSUE 1, APRIL 2019 VOLUME 4 ISSUE 3, DECEMBER 2018 VOLUME 4 ISSUE 3, DECEMBER 2018 VOLUME 4 ISSUE 2, AUGUST 2018 VOLUME 4 ISSUE 2, AUGUST 2018 VOLUME 4 ISSUE 1, APRIL 2018 VOLUME 4 ISSUE 1, APRIL 2018 VOLUME 3 ISSUE 3, DECEMBER 2017 VOLUME 3 ISSUE 3, DECEMBER 2017 VOLUME 3 ISSUE 2, AUGUST 2017 VOLUME 3 ISSUE 2, AUGUST 2017 VOLUME 3 ISSUE 1, APRIL 2017 VOLUME 3 ISSUE 1, APRIL 2017 VOLUME 2 ISSUE 3, DECEMBER 2016 VOLUME 2 ISSUE 3, DECEMBER 2016 VOLUME 2 ISSUE 2, AUGUST 2016 VOLUME 2 ISSUE 2, AUGUST 2016 VOLUME 2 ISSUE 1, APRIL 2016 VOLUME 2 ISSUE 1, APRIL 2016 VOLUME 1 ISSUE 3, DECEMBER 2015 VOLUME 1 ISSUE 3, DECEMBER 2015 VOLUME 1 ISSUE 2, AUGUST 2015 VOLUME 1 ISSUE 2, AUGUST 2015 VOLUME 1 ISSUE 1, APRIL 2015 More Issue