Hasanuddin Law Review
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259 research outputs found
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Multilayered Democracy in Papua: A Comparison of "Noken" System and Electoral College System in the United States
The elucidation of understanding popular sovereignty through the implementation of democratic principles when applied to a pluralistic Indonesian society requires a comprehensive study. This study is a normative-legal research by using statute, case, and conceptual approaches. This paper provides information on the latest trend in research. The results show that the characteristics of the general election by Noken system are in line with the Electoral College system to presidential elections in the United States, especially in the Noken system as represented by the chieftain (election by the big man). The Noken system is the result of the relations of political culture and the strengthening of local democracy. Hence, the constitutionality of Noken system is a translation of the constitution that pays attention to the social diversity that lives in society. Not only in the context of general elections, but in every aspect of national and State life, as more attention is given to the constitution of social diversity in society (constitutional pluralism)
Conceptualization of Region-Specific Comprehensive Ocean Management Regime for Maritime Economic Exploration
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
Shaping the Labor Market of Vietnam in the Age of Artificial Intelligence: Comparative Insights from the European Union
The right to work has always been a fundamental right of human which was recorded in law documents. However, the recent development of Artificial Intelligence (AI) has created an issue that it may affect the domestic and international labor markets. In Vietnam, where over half of the population participates in the labor force, the rapid advancement of artificial intelligence (AI) is poised to significantly reshape both employment dynamics and the regulatory landscape. While AI presents opportunities to create new types of employment, it simultaneously threatens to displace existing jobs, particularly among low-skilled and vulnerable workers. Despite the growing relevance of this issue, scholarly engagement with the implications of AI for Vietnam’s labor market remains sparse, especially in terms of legal and policy responses. Existing studies tend to focus on economic forecasting or technological development, with minimal attention paid to how labor laws and regulatory frameworks should evolve to address the disruptive potential of AI. This study aims to fill that gap by addressing two central questions: (1) What is the nature and extent of AI’s impact on the Vietnamese labor market? and (2) Which categories of workers are most susceptible to disruption? Through a legal-analytical and comparative approach—drawing insights from the European Union’s labor policy experience—this research offers a novel contribution to the emerging discourse on how Vietnam can construct a forward-looking and socially responsive labor regulatory framework in the age of AI. Empirical methods will be applied to examine the labor statistics of the country. At the same time, the paper will analyze the same phenomenon in the European Union and provide a solution for Vietnam. The analysis revealed that AI in the near future will have a positive effect on the workforce of Vietnam, but at the moment, workers without training are being most affected by its emergence. Thus, this study suggests that Vietnam improves its policy in labor law and social security in order to fully protect the right of all employees
The Artist’s Resale Right: Global Perspectives and Vietnam’s Path to Protection under the EVFTA
The artist’s resale right, enabling visual artists to receive royalties from secondary market sales, is a pivotal intellectual property mechanism with varied global adoption. This article traces its historical evolution from early 20th-century legislation to its inclusion in international frameworks, contrasting the European Union and United Kingdom’s harmonized approaches with the United States’ rejection due to differing copyright philosophies. It examines the resale right provisions in a new-generation free trade agreement, analyzing Vietnam’s current legal gap under its intellectual property framework and the feasibility of incorporation. The article evaluates arguments for and against the resale right, highlighting its role in promoting artist equity and creative incentives against concerns of market distortion and administrative burdens. It argues that Vietnam should adopt the resale right to align with global standards, proposing solutions to legal, cultural, economic, and political challenges. This analysis offers insights for jurisdictions navigating intellectual property integration in trade agreements
Resolving Medical Disputes: Lessons from U.S. Arbitration for Indonesia’s Legal Framework
Arbitration serves as a dispute resolution method that offers notable benefits, especially in cases related to medical issues. In contrast, other methods such as litigation are often seen as less effective, while mediation lacks executory power due to the absence of legal enforceability, making agreements vulnerable to cancellation. In Indonesia, arbitration has not yet been adopted for resolving medical disputes, as specific technical regulations are still needed to guide relevant institutions and establish effective mechanisms. This research highlights the importance of implementing arbitration in Indonesia’s medical dispute resolution framework, using a comparative analysis of practices in the United States. Employing normative legal research with qualitative data analysis and comparative examination of international legal practices, the findings reveal that arbitration offers a binding and final resolution, making it a highly effective approach for handling medical disputes. To facilitate its adoption in Indonesia, comprehensive technical regulations and a legal framework—similar to the United States’ Uniform Arbitration Act (UAA), which outlines arbitration requirements for individual states—are necessary
Academic Misconduct Responsibilities: An Empirical Comparison Using 35 Chinese Cases as a Foundation
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
Legal Reforms in Indonesia’s Financial Sector on Institutional Relations between Bank Indonesia and the Government
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
China–Malaysia Cross-Border Data Governance: ASEAN and Regional Legal Interactions
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
Feminism and Gender Equality among Orang Asli Women: Implications for Customs and Laws
Although Malaysia has made progress in recognising Indigenous rights, the perspectives of Orang Asli women on feminism and gender equality remain largely absent from legal and academic discourse. This article examines the legal tensions between indigenous customary laws and Malaysia’s constitutional commitment to gender equality, as perceived and experienced by Orang Asli women. The central legal issue explored is whether customary practices that reflect patriarchal norms can withstand constitutional scrutiny under Article 8 of the Federal Constitution, and how these practices align with Malaysia’s obligations under CEDAW and UNDRIP. Using a doctrinal legal methodology, the study systematically examines constitutional provisions, relevant legislation, and judicial interpretations concerning indigenous law and gender rights. A socio-legal component complements this analysis through empirical data collected from 120 questionnaires and 30 semi-structured interviews with Orang Asli women from five selected tribes, providing context to how these legal norms function in practice. This article contributes to legal theory by engaging with legal pluralism and feminist legal thought, revealing how unregulated customary practices can undermine fundamental rights. Thus, it enhances legal studies by highlighting an ethical framework for legislative and judicial reconciliation between constitutional equality and indigenous legal traditions. In a pluralistic legal circumstance, this study advocates on Malaysian legal institutions to acknowledge the changing voices of Indigenous women as catalysts of change
Regulatory Frameworks to Integrate Corporate Social Responsibility with Circular Economy Principles
The urgency of integrating environmental Corporate Social Responsibility (CSR) and circular economy principles into legal policy frameworks has become increasingly critical in the energy transition era. This study examines the regulatory challenges hindering the alignment between CSR obligations and circular economy objectives in Indonesia, particularly the legal disconnection between Law No. 40 of 2007 on Limited Liability Companies and broader environmental regulations. Utilizing a normative legal research method, the study analyzes statutory instruments, policy documents, and international legal frameworks to assess the coherence and efficacy of existing laws. Findings reveal that CSR implementation remains fragmented and often symbolic, while circular economy practices lack regulatory incentives and enforcement, especially in resource-intensive sectors. This gap not only undermines sustainability efforts but also delays the shift toward a low-carbon economic model. The study underscores the need for regulatory harmonization, including revising corporate and environmental laws to embed circular economy principles into CSR obligations. The novelty of this research lies in offering an integrative legal perspective that bridges CSR and circular economy concepts, presenting a policy blueprint to accelerate Indonesia's transition toward a more sustainable and environmentally accountable corporate ecosystem