Hasanuddin Law Review
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
Articles
293 Documents
<![CDATA[The Arrangement of Investment Policy for the Protection of Indigenous People’s Rights ]]>
<![CDATA[Wamafma, Filep]]>;
<![CDATA[Moenta, Andi Pangerang]]>;
<![CDATA[Patittingi, Farida]]>;
<![CDATA[Ruslan, Achmad]]>
<![CDATA[ Hasanuddin Law Review VOLUME 5 ISSUE 2, AUGUST 2019 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v5i2.2403
<![CDATA[The investment law policies have a positive influence on the interests and welfare of all Indonesian people. However, many legal problems arise due to overlapping regulations both at the central and regional government levels, and also in term of the implementation of decentralization. The results show that the arrangement of investment policy in West Papua against the recognition and respect for Papua indigenous people's rights are still limited to universal policies. Nationally, the policy has not clearly revealed how the form of recognition and respect for the rights of indigenous peoples and/or Papuan indigenous peoples rights related to the presence of investments in West Papua. On a regional scale, the provincial government policy in the form of regional regulations, only covers the scope of investment in West Papua, but does not fully explain how the form of recognition and respect for Papua indigenous peoples related to investment. Hence, related with the alignment of Papua indigenous people's rights in the field of ideal investment arrangements in West Papua was began with the concept of Bottom-up Development Planning, by involving indigenous peoples as a whole. This concept is based on the Optimum Suitable Yield (OSY) where the amount of natural resources that can be exploited must be based on calculations from various perspectives such as biology, economics, and even socio-political perspectives.]]>
<![CDATA[Fishing Quota and International Obligation: Why Has Indonesia been Indicated as a Non-Compliant State ]]>
<![CDATA[Indriyani, Rachma]]>;
<![CDATA[Rahim, Asmar Abdul]]>;
<![CDATA[Azmi, Ruzita]]>
<![CDATA[ Hasanuddin Law Review VOLUME 7 ISSUE 2, AUGUST 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v7i2.2841
<![CDATA[Indonesia committed to conserving the tuna resources by participating in some RFMOs. From all regional organizations where Indonesia has been joined, the CCSBT is the unique one, due to it governs a single tuna species, which is called Southern Bluefin Tuna. This kind of tuna is essential for Indonesia because it is the world’s most expensive tuna and SBT migrates through Indonesian fisheries management zones and goes even further within the territorial waters, where the SBT spawning area is located. This natural characteristic distinguishes Indonesia from other Parties to CCSBT. Nevertheless, the Country has been dealing with its obligation to comply with national quota allocation. For some fishing season periods, the CCSBT indicated Indonesia as a non-compliant. By applying the qualitative approach, this study considers how Indonesia’s non-compliance has been addressed in fishing for shared fish stocks. The data collection was conducted through semi-structured interviews and legal analysis of law and policy instruments. This method leads the elaboration to reveal domestic factors affecting non-compliance by Indonesia. This study argues, the fisheries legislation should consider the provision concerning fishing for resources under quota system, hence, it will provide sufficient legal base to take enforcement measures towards non-compliance with fishing quota. ]]>
<![CDATA[Children Rights to "Zero Hunger" and the Execution Challenges during the COVID-19 Crisis ]]>
<![CDATA[Rahman, Nurul Hidayat binti Ab]]>;
<![CDATA[Yasin, Redwan bin]]>
<![CDATA[ Hasanuddin Law Review VOLUME 8 ISSUE 2, AUGUST 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v8i2.3684
<![CDATA[Zero hunger is the world's pledge under the Sustainable Development Goals 2030, which aims to end hunger, achieve food security and improve nutrition. Nevertheless, the mission had been seized as the world faced economic turndown due to the outbreak of the COVID-19 virus. The circumstances have brutally affected societies ideal living standards and raised social problems such as extreme poverty, famishment, malnutrition, and medical conditions, specifically among vulnerable children. The essential purpose of this writing is to elucidate the zero hunger goal as one of the central legal rights and identify challenges in executing it during the COVID-19 crisis. Data were collected through library studies and analyzed critically using the content analysis method. The writing finds that the progress of zero hunger is decelerated as the pandemic has caused few challenges. The paper concludes that all objectives under the SDG 2 are significant to be achieved to ensure vulnerable children survival. Thus, the paper recommends that humanitarian relief assists with food distribution among those in dire need, especially at-risk children. Furthermore, food and agricultural production must be maintained to guarantee enough food supply chain. Ultimately, every government must comply with SDG 2, specifically for the benefit of vulnerable children.]]>
<![CDATA[The Presence of the Defense Lawyer in Vietnam’s Criminal Justice System: Substantive or Cosmetic? ]]>
<![CDATA[Chi, Le Lan]]>;
<![CDATA[Lan, Nguyen Thi]]>;
<![CDATA[Ngan, Nguyen Hoang]]>
<![CDATA[ Hasanuddin Law Review VOLUME 9 ISSUE 1, APRIL 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v9i1.4121
<![CDATA[Defense lawyers play an important role in protecting the rights and interests of the accused, contributing to upholding justice and reducing the number of wrongful convictions. In Vietnam, in accordance with the current Criminal Procedure Code of 2015, defense lawyers have been given more and more rights to perform legal defense activities. However, defense lawyers are still considered to be passive participants in criminal proceedings, classified under the “judicial complementary” group. The right of lawyers to collect evidence is restricted. Furthermore, other rights have not been fully implemented. The number of lawyers compared to the entire population remains low, and there are very few criminal cases that include the participation of defense lawyers. These circumstances beg the question of whether the presence of defense lawyers in Vietnam’s criminal justice system is substantive or merely a cosmetic façade intended to improve Vietnam’s global image. This paper seeks to answer this question by analyzing the results of surveys conducted with Vietnamese lawyers. Moreover, it provides some recommendations to strengthen the role of defense lawyers in the criminal justice system of Vietnam.]]>
<![CDATA[Disgorgement of Profits: An Alternative Solution to Stolen State Assets’ Recovery from Corporate Financial Crimes ]]>
<![CDATA[Ariyanny, Renny]]>;
<![CDATA[Bae, Sung-jun]]>;
<![CDATA[Dermawan, Mohammad Kemal]]>
<![CDATA[ Hasanuddin Law Review VOLUME 9 ISSUE 2, AUGUST 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v9i2.4622
<![CDATA[In recent years, the Indonesian government has suffered a huge loss of state assets due to the misbehavior of corporations in financial management because the Indonesian legal system does not have a specific regulation to address corporate financial crime. When a corporate financial crime case arises, Indonesian law enforcement approaches this crime using the Anti-Corruption Act. However, the aim to retrieve the stolen government assets purloined by a corporation using the Anti-Corruption Act is still insufficient, therefore, other related regulations such as the Money Laundering Act have to apply as an additional instrument to realize optimal recovery from the misbehaving corporation. Because the long process involved in criminal and civil courts it is sometimes a waste of the law enforcement effort and the funds expended to get paid back from offenders and/or corporations because the money received is much lower than the money lost or even zero. To bridge the gap between the money lost initially and the repayment money, because of the lack of special legal regulation concerning corporate financial crime, this research intends to study the possibility of using a “disgorgement of profits” approach as a faster way to get the maximum repayment of stolen money/assets from instances of corporate financial crime in out-of-court settlements.]]>
<![CDATA[Critical Legal Reading of World Anti-Doping Agency’s Gene Doping Guidance ]]>
<![CDATA[Al-Dafrawi, Ahmad Saad Ahmad]]>
<![CDATA[ Hasanuddin Law Review VOLUME 9 ISSUE 3, DECEMBER 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v9i3.4653
<![CDATA[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.]]>
<![CDATA[Suspicion on the Non-conformity of the Goods as a Foundation of Breach of International Sales Contract ]]>
<![CDATA[Latifah, Emmy]]>;
<![CDATA[Bajrektarevi, Anis H.]]>;
<![CDATA[Salsabila, Dini Kartika]]>
<![CDATA[ Hasanuddin Law Review VOLUME 10 ISSUE 2, AUGUST 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v10i2.4772
<![CDATA[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.]]>
<![CDATA[The Impact of Artificial Technology on Authors of a Cinematographic Creation ]]>
<![CDATA[Radetzky, Michael Alexander]]>
<![CDATA[ Hasanuddin Law Review VOLUME 10 ISSUE 1, APRIL 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v10i1.4780
<![CDATA[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.]]>
<![CDATA[Notarial Challenges for Aircraft Deeds: Unlocking the Potential of Aircraft as Collateral ]]>
<![CDATA[Yahanan, Annalisa]]>;
<![CDATA[Murzal, Murzal]]>;
<![CDATA[Turatmiyah, Sri]]>;
<![CDATA[Si, Tongle]]>
<![CDATA[ Hasanuddin Law Review VOLUME 10 ISSUE 3, DECEMBER 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v10i3.4818
<![CDATA[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.]]>
<![CDATA[Harmonization of State, Custom, and Islamic Law in Aceh: Perspective of Legal Pluralism ]]>
<![CDATA[Djawas, Mursyid]]>;
<![CDATA[Nurdin, Abidin]]>;
<![CDATA[Zainuddin, Muslim]]>;
<![CDATA[Idham, Idham]]>;
<![CDATA[Idami, Zahratul]]>
<![CDATA[ Hasanuddin Law Review VOLUME 10 ISSUE 1, APRIL 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v10i1.4824
<![CDATA[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]]>
