http://pasca.unhas.ac.id/ojs/index.php/halrev/issue/feedHasanuddin Law Review2024-02-20T11:45:49+08:00Hasanuddin Law Reviewhasanuddinlawreview@unhas.ac.idOpen Journal Systems<p><strong>Hasanuddin Law Review</strong> (<em>Hasanuddin Law Rev.</em> - HALREV) is an open access and peer-reviewed journal that aims to offer an international academic platform <strong>for cross-border legal research in multiple governance policies and civil rights law, </strong>particularly in developing and emerging countries. These may include but are not limited to various fields such as civil law, criminal law, constitutional and administrative law, air and space law, customary institution law, religious jurisprudence law, international regime law, legal pluralism governance, and another section related to contemporary issues in legal scholarship. </p> <p>Authors are invited to submit manuscripts that fall within the <a href="http://pasca.unhas.ac.id/ojs/index.php/halrev/about/editorialPolicies#focusAndScope">scope</a> of the Hasanuddin Law Review. Please read the information on the <a href="http://pasca.unhas.ac.id/ojs/index.php/halrev/about/editorialPolicies#peerReviewProcess">peer-review process</a>. The articles published in HALREV are going through a double-blind peer-review process. Hence, the decision on whether the scientific article is accepted or not, will be the Editorial Board’s right based on the peer reviewer's recommendation.</p> <p>Please read and understand the author's guidelines for the preparation manuscript. The author who submits a manuscript to the editors should comply with the author's guidelines and template. If the submitted manuscript does not comply with the guidelines or using a different format, it will be rejected by the editorial team before being reviewed. The editorial team will only accept a manuscript that meets the specified formatting requirements.</p> <p>ISSN: <strong>2442-9880</strong> | e-ISSN: <strong>2442-9899 </strong></p> <p><strong>Publisher: <a href="http://lawfaculty.unhas.ac.id/lang-en.html">Faculty of Law, Hasanuddin University</a></strong></p> <p> </p> <hr /> <p><a href="/ojs/index.php/halrev/author/submit/1" target="_self"><img src="/ojs/public/site/images/ayunus/Submit_Paper.png" width="150" /></a><a href="https://drive.google.com/file/d/1-Zi6BPHCZ2Mg0ntCyl2fW3Zw4DaAlwUL/view?usp=sharing" target="_blank" rel="noopener"><img src="/ojs/public/site/images/ayunus/AG_Untitled-1.png" width="150" /></a><a href="https://drive.google.com/file/d/1ad6VNlNx-Mhi8X8gPD26U5ctcgq-HTxi/view?usp=sharing" target="_blank" rel="noopener"><img src="/ojs/public/site/images/ayunus/Template_Unsssssssssstitled-13.png" width="150" /></a></p> <p> </p>http://pasca.unhas.ac.id/ojs/index.php/halrev/article/view/4780The Impact of Artificial Technology on Authors of a Cinematographic Creation2024-02-20T11:45:49+08:00Michael Alexander Radetzkymichael.radetzky@outlook.com<p>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.</p>2024-02-05T23:04:41+08:00Copyright (c) 2024 Hasanuddin Law Reviewhttp://pasca.unhas.ac.id/ojs/index.php/halrev/article/view/5016Examining Personal Data Protection Law of Indonesia and South Korea: The Privacy Rights Fulfilment2024-02-20T11:45:28+08:00Rina Shahriyani Shahrullahrina@uib.ac.idJihyun Parkshabd@ysu.ac.krIrwansyah Irwansyahirwansyah@unhas.ac.id<p>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.</p>2024-01-03T12:10:32+08:00Copyright (c) 2024 Hasanuddin Law Reviewhttp://pasca.unhas.ac.id/ojs/index.php/halrev/article/view/4912Reformulation of Decision-making System in ASEAN2024-01-04T07:40:10+08:00Ahmad Syofyanahmad.syofyan@fh.unila.ac.idSiti Azizahnaeksiregar69@gmail.comShaker Suleiman Ali Al AkaylehSheko1993@mailbox.unideb.huOksha Dwi Anugrah Panjaitanokshadwi1500@gmail.comDaffa Ladro Kusworodaffa.ladro@ui.ac.idASEAN 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.2024-01-02T15:56:38+08:00Copyright (c) 2023 Hasanuddin Law Reviewhttp://pasca.unhas.ac.id/ojs/index.php/halrev/article/view/4116Legitimate Interest of Coastal States in Seabed Mining: Indonesia’s Practice2024-01-04T07:40:10+08:00Dhiana Puspitawatidhiana@ub.ac.idFransiska Ayulistya Susantofransiska.s@ub.ac.idMohd Hazmi Mohd Ruslihazmirusli@usim.edu.myMoh. Fadlimfadlifh@ub.ac.id<p>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.</p>2023-12-14T08:38:37+08:00Copyright (c) 2023 Hasanuddin Law Reviewhttp://pasca.unhas.ac.id/ojs/index.php/halrev/article/view/4692The Early Warning System in Preventing Human Trafficking: Border (In) Security and Challenges for Indonesia2024-01-04T07:40:10+08:00Sy. Hasyim Azizurrahmansyarif.hasyim.azizurrahman@hukum.untan.ac.idSri Ismawatisri.ismawati@hukum.untan.ac.idParulian Siagianparuliansiagian999@gmail.comAbunawas Hadabu.nawas@hukum.untan.ac.idMuhammad Tahirm.tahir@hukum.untan.ac.idSy. Muhammad Ridho Rizki Maulufi Alkadrilufi.syarif@upb.ac.id<p>This article aims to find out how the early warning system is constructed in detecting human trafficking. This research discusses human trafficking in Indonesia, where most of the victims were trafficked to neighboring countries in the border area. One of the unsolved problem exist today is human trafficking in frontier areas; hence, there are three major factors causing the number of human trafficking in Indonesia is in high level according to data from the International Organization for Migration. This article is using empirical legal research method. The results show that the construction of an early warning system can be formed by studying the methods or modes used by the perpetrators in committing the crime of human trafficking. However, for this concept to succeed, good synchronization is needed between filters that include potential victims, agencies or institutions that can represent administrative functions, and officers at border area guard posts.</p>2023-12-02T13:18:10+08:00Copyright (c) 2023 Hasanuddin Law Review