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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 293 Documents
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The Guardian of Constitution: A Comparative Perspective of Indonesia and Cambodia Sampe, John; Ristawati, Rosa; Hakyou, Be
Hasanuddin Law Review VOLUME 9 ISSUE 2, AUGUST 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i2.4627

Abstract

A democratic state may be indicated by the existence of a constitutional institution that has the competence to uphold constitutionalism and defend the constitution. As the guardian of the constitution, the Constitutional Council of the Kingdom of Cambodia (Constitutional Council) and the Constitutional Court of the Republic of Indonesia (Constitutional Court) have the same purpose, namely to uphold constitutionalism and protect the constitution. However, in terms of structure, procedures, and competencies, the Constitutional Council and the Constitutional Court have individual mechanisms. Institutionally, the two judicial bodies occupy different characteristics, but they share the common goal of safeguarding the constitution’s core values. This paper aims to analyze and scrutinize different features of the Constitutional Council and the Constitutional Court by showing the same purpose as the guardian of the constitution. Within this paper, the legal outcomes which is decisions are discussed, particularly the effect of the decisions. In addition, this paper looks into who can be the applicant or can file a complaint and clarifies the qualifications and resignations of judges. This paper concludes on whether the Constitutional Court and the Constitutional Council have different paths in upholding constitutionalism and protecting the constitution.
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

Abstract

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.
Examining Personal Data Protection Law of Indonesia and South Korea: The Privacy Rights Fulfilment Shahrullah, Rina Shahriyani; Park, Jihyun; Irwansyah, Irwansyah
Hasanuddin Law Review VOLUME 10 ISSUE 1, APRIL 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i1.5016

Abstract

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.
Navigating Ambiguity: Critiques of Indonesia's Health Law and its Impact on Legal Redress for Medical Malpractice Victims Amiati, Mia; Halim, Hamzah; Hassim, Jady Zaidi
Hasanuddin Law Review VOLUME 10 ISSUE 1, APRIL 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i1.5346

Abstract

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.
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.
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

Abstract

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 Impact of Artificial Technology on Authors of a Cinematographic Creation Radetzky, Michael Alexander
Hasanuddin Law Review VOLUME 10 ISSUE 1, APRIL 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i1.4780

Abstract

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.
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

Abstract

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 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.
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

Abstract

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. 

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