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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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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

Abstract

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

Abstract

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

Abstract

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

Abstract

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

Abstract

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. 
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

Abstract

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

Abstract

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

Abstract

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

Abstract

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

Abstract

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.

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