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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
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Articles 293 Documents
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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.
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.
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
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.
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.
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.
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.
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.
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. 
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.

Page 28 of 30 | Total Record : 293

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