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Hasanuddin Law Review
Published by Universitas Hasanuddin
ISSN : 24429880     EISSN : 24429899     DOI : -
Core Subject : Social,
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
AI Revolution: The Legal Battle Between Indonesia and the European Union to Protect Copyright from Artificial Intelligence Maddusila, Sitti Fatimah; Lanini, Agus; Purnamasari, Andi Intan
Hasanuddin Law Review VOLUME 11 ISSUE 3, DECEMBER 2025
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v11i3.6499

Abstract

The global surge in generative Artificial Intelligence (AI) has triggered unprecedented legal complexities in copyright protection. This article examines how Indonesia and the European Union (EU) approach the challenges posed by AI driven content creation and potential copyright infringement. Through doctrinal and comparative legal analysis, this study explores regulatory frameworks, liability questions, and enforcement mechanisms in both jurisdictions. The analysis reveals that Indonesia's Copyright Law No. 28 of 2014 remains anthropocentric, lacking recognition of AI generated works and mechanisms for regulating AI training using copyrighted materials. By contrast, the EU has developed a more comprehensive approach through the EU Copyright Directive and the AI Act, which incorporates risk-based AI governance and explicit opt out rights for copyright holders. The study identifies significant regulatory asymmetries between the two jurisdictions and examines potential areas for legal development. Drawing on international frameworks such as the OECD AI Guidelines, this research suggests that Indonesia could benefit from adopting more anticipatory regulatory approaches similar to the EU's principle-based strategy. The findings indicate that proactive legal reforms are necessary to address emerging AI copyright challenges in developing legal systems. This study contributes to the growing body of comparative legal scholarship on AI governance and offers insights for policymakers navigating the intersection of artificial intelligence and intellectual property law.
China–Malaysia Cross-Border Data Governance: ASEAN and Regional Legal Interactions Deng, Shan; Ab Rahman, Rozanah; Ariffin, Mariani
Hasanuddin Law Review VOLUME 11 ISSUE 3, DECEMBER 2025
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v11i3.6637

Abstract

In the context of the digital economy, cross-border data governance cooperation between China and Malaysia is constrained by two factors: differences in domestic data protection laws and the lack of coherence among existing multilateral frameworks. Prior scholarship primarily examines cross-border data governance through single-treaty frameworks, while the role of the Association of Southeast Asian Nations (ASEAN) as an institutional intermediary has not been systematically analysed. In particular, institutional coordination pathways between China and Malaysia remain underexplored. The study adopts a qualitative methodology, combining textual and comparative analyses, to examine the institutional structure of the ASEAN Data Governance Framework (ADGF). It investigates ASEAN’s role in coordinating the multilateral mechanisms of the Regional Comprehensive Economic Partnership (RCEP), the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), and the China–ASEAN Free Trade Agreement (CAFTA), where the institutional challenges in China–Malaysia cooperation are further analysed. The analysis shows that while ASEAN contributes to reducing institutional differences, its coordination mechanisms remain limited. The study therefore adopts ASEAN as an institutional coordination platform and develops a governance pathway that integrates bilateral and regional rules to examine institutional compatibility between China and Malaysia.
Compliance with International Humanitarian Law and Peacebuilding in Post-Conflict Kosovo Alidemaj, Avni H.; Maliqi, Alban; Doone, Johne; Bytyci, Valdon
Hasanuddin Law Review VOLUME 11 ISSUE 3, DECEMBER 2025
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v11i3.6645

Abstract

Unprecedented violent conflicts occurred worldwide during the 20th century. Millions of lives lost, infrastructure destroyed, and generational effects on post-conflict nations. Meanwhile, international humanitarian law was developed to reduce conflict damage. Government parties to International Humanitarian Law (IHL) conventions have enforceable obligations to implement, promote, and perform their duties, helping to promote their wider recognition and enforcement. During the Kosovo conflict, Serbian military commanders and the police violated international humanitarian law by breaking fundamental precepts. The study of the Kosovo conflict prioritizes criminal accountability and historical documentation over the enduring societal consequences of violations of IHL. There are not many studies that look at how not following IHL affects transitional justice after a conflict. The findings indicate that successful post-conflict reconciliation necessitates enhanced domestic implementation and enforcement of transitional justice frameworks. This includes ensuring accountability for significant violations, fostering victim-centered truth, and institutionalizing IHL education to avert recurrence and facilitate enduring interethnic reconciliation. The article examines the major transgressions of IHL amidst the war in Kosovo (1998–1999), and their effects on post-conflict interethnic reconciliation. Utilizing qualitative, quantitative, and legal-dogmatic methods shows that non-adherence to IHL during armed conflict directly affects transitional justice and severely impacts reconciliation efforts.