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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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Foreign Direct Investment in ASEAN Airline Industry Christiawan, Rio; Zuan, Haris; Jusoh, Sufian; Nugraha, Ridha Aditya
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.v10i1.4903

Abstract

The development of aviation market in Southeast Asia after the Covid-19 pandemic is promising. More aircraft are delivered to the Asia-Pacific region, including the Association of South East Asian Nations (ASEAN) Member States. The introduction of ASEAN Open Skies (also known as ASEAN Single Aviation Market) a decade earlier together with ASEAN Economic Community Blueprint 2025 goals for an integrated and cohesive regional economy highlight the importance of a seamless air connectivity. Liberalisation of the airline industry in ASEAN Member States is crucial to restart the airline industry pre-pandemic and to grasp the so-called Asian century momentum. However, ASEAN Member States are reluctant towards liberalisation efforts, maintaining protectionism on both freedoms of the air (traffic rights) as well as foreign direct investment (ownership and control). Existing legal framework at regional level, namely ASEAN Framework Agreement on Services (AFAS) and ASEAN Trade in Services Agreement (ATISA), only received lukewarm attention from ASEAN Member States. This article discusses the urgency to recall the commitment of a gradual liberalisation based on AFAS and ATISA among the ASEAN Member States, the implementation of which will lead to the establishment of a regional community carrier which benefits ASEAN citizens.
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

Abstract

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.
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.
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

Abstract

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. 
Harmonization of State, Custom, and Islamic Law in Aceh: Perspective of Legal Pluralism Djawas, Mursyid; Nurdin, Abidin; Zainuddin, Muslim; Idham, Idham; Idami, Zahratul
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.v10i1.4824

Abstract

Indonesia recognizes several legal systems i.e., state law, customary law, Islamic law, and international law. Islamic sharia in Aceh is part of legal pluralism in Indonesia. This study aims to discuss the application of Islamic sharia from the perspective of legal pluralism. This normative legal study employed a legal pluralism theory analysis. Legal pluralism is a theory that views law not only as positive or written law made by the state but also as a recognition of the legal reality that exists in a pluralistic society. The study collected data by means of a literature review. Findings revealed that Islamic sharia in Aceh as part of the recognition of the concept of legal pluralism has been implemented well in the context of state law, custom, and Islamic law. The state has provided juridical legitimacy through laws in the context of legal substance and judicial institutions or sharia courts. Likewise, revitalization has also occurred in traditional institutions in terms of customary law and customary justice. The argument emphasized in this study is that Islamic sharia in the context of legal pluralism has succeeded in manifesting legal harmonization between the state, custom, and Islamic law
Local Wisdom-Based Water Resources Conservation: Enhancing Local Wisdom in Society 5.0 Aspan, Zulkifli; Widodo, Ernu; Jurdi, Fajlurrahman; Jundiani, Jundiani
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.v9i2.4298

Abstract

Local wisdom as capital for sustainable water resource conservation is becoming increasingly important in the era of Society 5.0. It is characterized by technological transformation and extensive interconnection. In this context, implementing local wisdom values in the conservation of water resources is a significant challenge. This paper discusses the challenges faced in conserving sustainable local wisdom-based water resources in the era of Society 5.0, such as cultural and technological changes. This paper also examines legal regulations in water resource conservation based on local wisdom, such as how laws regulate water use and budget arrangements for water resource conservation. The method used is a literature study of several legal materials using concept and statutory approaches, then analyzed to answer the problems studied. The results show that it is necessary to strengthen the recognition and protection of local wisdom through the preparation or revision of laws and regulations that recognize the values of local wisdom in the conservation of water resources, a collaboration between stakeholders to build citizen communication and consultation; and regulatory adjustments to support the conservation of water resources in the era of society 5.0.
Strengthening National Regulations in Combating Cross-Border Trafficking: Empirical Approach and the Way Forward Senewe, Emma Valentina Teresha; Revivo, Antonio; Maramis, Ronny Adrie
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.v10i1.4879

Abstract

At practical level, both nationally and internationally, various efforts have been made to deal with increasingly acute human trafficking. However, as it turns out in practice, all existing legal instruments have not had a deterrent effect and have broken the chain of human trafficking to this day. Even more so in Indonesia. This article focuses on examining the answer to the problem, namely the national policy to prevent human trafficking and the efforts that can be made to eradicate increasingly complex human trafficking. This qualitative study is related to the policy and implementation of international and national policies to address human trafficking in cross-country border legal research. This paper provides information on the latest trends in research. The results show that the current moment of globalization is witnessing an extraordinary movement of people, legitimate and illegitimate, across national and international borders. This global movement of people has created panic across borders. It manifests itself in strengthening border controls and tightening immigration laws as a threat to the nation-state's security
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.
The Constitutionality of Inheritance Rights for Extramarital Children: Assessing the Legal Response under Balinese Customary Law Sujana, I Nyoman; Maruf, Irma Rachmawati
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.v10i1.5170

Abstract

This article analyzes the inheritance rights of extramarital children under the post-Constitutional Court decision of Balinese customary law. Any child born of unmarried parents or out of adultery is stigmatized as an extramarital child (walad al zina) for his entire life and forbidden from inheriting an estate from his biological father. This legal issue is chosen as the main subject of this study is because of the legal circumstance in which the Balinese community does not grant status to extramarital children in matters of inheritance from the Purusa line. Hindu-Balinese religious leaders such as Parisada and the Traditional Village Council have never upheld the Constitutional Court’s ruling that states that children born out of wedlock have civil relations with their biological fathers. Islamic religious leaders have followed up on the Constitutional Court’s decision by issuing a fatwa of the Indonesian Ulema Council (MUI). The fatwa imposes an obligation on biological fathers to separate their wealth for a guarantee of life to children. Applying the statutory approach, conceptual approach, sociological approach, and case approach, it can be understood that children born out of wedlock (the Balinese call it begin at children) have no status as heirs in the Purusa line but have inheritance rights from their mother and their mother’s family.
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.

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