Hasanuddin Law Review最新文献

The Use of Artificial Intelligence in Armed Conflict under International Law 根据国际法在武装冲突中使用人工智能

Hasanuddin Law Review Pub Date : 2024-07-04 DOI: 10.20956/halrev.v10i2.5267

Naek Siregar, Desy Churul Aini, Rehulina Rehulina, Agit Yogi Subandi, Isroni Muhammad Miraj Mirza

{"title":"The Use of Artificial Intelligence in Armed Conflict under International Law","authors":"Naek Siregar, Desy Churul Aini, Rehulina Rehulina, Agit Yogi Subandi, Isroni Muhammad Miraj Mirza","doi":"10.20956/halrev.v10i2.5267","DOIUrl":"https://doi.org/10.20956/halrev.v10i2.5267","url":null,"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. ","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141677737","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Artificial Intelligence and Administrative Justice: An Analysis of Predictive Justice in France 人工智能与行政司法：法国预测性司法分析

Hasanuddin Law Review Pub Date : 2024-07-02 DOI: 10.20956/halrev.v10i2.5541

Zouhaier Nouri, Walid Ben Salah, Nayel Al Omrane

{"title":"Artificial Intelligence and Administrative Justice: An Analysis of Predictive Justice in France","authors":"Zouhaier Nouri, Walid Ben Salah, Nayel Al Omrane","doi":"10.20956/halrev.v10i2.5541","DOIUrl":"https://doi.org/10.20956/halrev.v10i2.5541","url":null,"abstract":"This article critically analyzes the ethical and legal implications of adopting predictive analytics by the French administrative justice system. It raises a key question: Is it wise to integrate artificial intelligence into the administrative justice system, considering its potential benefits, despite the associated risks, ethical dilemmas, and legal challenges? The research employs a method based on an extensive literature review, a qualitative analysis of the adoption by the French administrative justice of predictive analytics tools, and a critical evaluation of the benefits and issues these tools bring. The study finds that AI can make the administrative justice system more efficient, reduce backlogs, and enhance the consistency and predictability of judicial decisions. However, the study also identifies important risks and serious ethical and legal issues associated with integrating AI tools into the justice system. Especially, AI utilization can lead to the dehumanization of justice and poses real risks to the independence and impartiality of justice. While AI can offer significant benefits to all the stakeholders of the administrative justice system, its integration must be approached with caution. A progressive and responsible approach to AI adoption is necessary to avoid compromising judicial integrity and upholding fundamental justice values. ","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141685901","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Strengthening National Regulations in Combating Cross-Border Trafficking: Empirical Approach and the Way Forward 加强打击跨境贩运的国家法规：经验方法与前进之路

Hasanuddin Law Review Pub Date : 2024-06-12 DOI: 10.20956/halrev.v10i1.4879

Emma Valentina Teresha Senewe, Antonio Revivo, Ronny A. Maramis

{"title":"Strengthening National Regulations in Combating Cross-Border Trafficking: Empirical Approach and the Way Forward","authors":"Emma Valentina Teresha Senewe, Antonio Revivo, Ronny A. Maramis","doi":"10.20956/halrev.v10i1.4879","DOIUrl":"https://doi.org/10.20956/halrev.v10i1.4879","url":null,"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","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141353676","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Navigating Ambiguity: Critiques of Indonesia's Health Law and its Impact on Legal Redress for Medical Malpractice Victims 模糊导航：对印度尼西亚卫生法的批评及其对医疗事故受害者法律补救的影响

Hasanuddin Law Review Pub Date : 2024-06-08 DOI: 10.20956/halrev.v10i1.5346

Mia Amiati, Hamzah Halim, J. Hassim

{"title":"Navigating Ambiguity: Critiques of Indonesia's Health Law and its Impact on Legal Redress for Medical Malpractice Victims","authors":"Mia Amiati, Hamzah Halim, J. Hassim","doi":"10.20956/halrev.v10i1.5346","DOIUrl":"https://doi.org/10.20956/halrev.v10i1.5346","url":null,"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.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141369601","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Constitutionality of Inheritance Rights for Extramarital Children: Assessing the Legal Response under Balinese Customary Law 婚外子女继承权的合宪性：评估巴厘习惯法下的法律对策

Hasanuddin Law Review Pub Date : 2024-05-03 DOI: 10.20956/halrev.v10i1.5170

I. Sujana, Irma Rachmawati Maruf

{"title":"The Constitutionality of Inheritance Rights for Extramarital Children: Assessing the Legal Response under Balinese Customary Law","authors":"I. Sujana, Irma Rachmawati Maruf","doi":"10.20956/halrev.v10i1.5170","DOIUrl":"https://doi.org/10.20956/halrev.v10i1.5170","url":null,"abstract":"This article analyzes the inheritance rights of children of extramarital under the Balinese Customary Law post-Constitutional Court decision. This study focuses on the extramarital position in inheritance under Balinese Customary Law after the enactment of Constitutional Court decision. Any child born from unmarried parents and adultery is stigmatised as extramarital child (walad al zina)for his entire life and is forbidden from inheriting an estate of his biological father. Then, the reason why this legal issue is chosen as the main subject of the study is due to the legal circumstance in which the Balinese community does not grant a position to extramarital children under Balinese customary law in inheritance from the Purusa line. Hindu-Balinese religious leaders such as Parisada, as well as the Traditional Village Council, have never followed up the Constitutional Court's ruling stating 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) imposing 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 (Balinese call it begin at children) have no position as heirs in the purusa line but only have an inheritance relationship with their mother and their mother's family.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141015482","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Harmonization of State, Custom, and Islamic Law in Aceh: Perspective of Legal Pluralism 亚齐的国家法、习惯法和伊斯兰法的协调：法律多元化视角

Hasanuddin Law Review Pub Date : 2024-05-01 DOI: 10.20956/halrev.v10i1.4824

Mursyid Djawas, Abidin Nurdin, Muslim Zainuddin, I. Idham, Z. Idami

{"title":"Harmonization of State, Custom, and Islamic Law in Aceh: Perspective of Legal Pluralism","authors":"Mursyid Djawas, Abidin Nurdin, Muslim Zainuddin, I. Idham, Z. Idami","doi":"10.20956/halrev.v10i1.4824","DOIUrl":"https://doi.org/10.20956/halrev.v10i1.4824","url":null,"abstract":"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","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141040098","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Examining Personal Data Protection Law of Indonesia and South Korea: The Privacy Rights Fulfilment 研究印度尼西亚和韩国的个人数据保护法：隐私权的实现

Hasanuddin Law Review Pub Date : 2024-01-03 DOI: 10.20956/halrev.v10i1.5016

R. Shahrullah, Jihyun Park, I. Irwansyah

{"title":"Examining Personal Data Protection Law of Indonesia and South Korea: The Privacy Rights Fulfilment","authors":"R. Shahrullah, Jihyun Park, I. Irwansyah","doi":"10.20956/halrev.v10i1.5016","DOIUrl":"https://doi.org/10.20956/halrev.v10i1.5016","url":null,"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. ","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139451179","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Reformulation of Decision-making System in ASEAN 重新制定东盟的决策系统

Hasanuddin Law Review Pub Date : 2024-01-02 DOI: 10.20956/halrev.v9i3.4912

Ahmad Syofyan, Siti Azizah, Shaker Suleiman Ali Al Akayleh, Oksha Dwi Anugrah Panjaitan, Daffa Ladro Kusworo

{"title":"Reformulation of Decision-making System in ASEAN","authors":"Ahmad Syofyan, Siti Azizah, Shaker Suleiman Ali Al Akayleh, Oksha Dwi Anugrah Panjaitan, Daffa Ladro Kusworo","doi":"10.20956/halrev.v9i3.4912","DOIUrl":"https://doi.org/10.20956/halrev.v9i3.4912","url":null,"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.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139452622","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Local Wisdom-Based Water Resources Conservation: Enhancing Local Wisdom in Society 5.0 基于地方智慧的水资源保护：增强社会中的地方智慧 5.0

Hasanuddin Law Review Pub Date : 2023-11-24 DOI: 10.20956/halrev.v9i2.4298

Z. Aspan, Ernu Widodo, Fajlurrahman Jurdi, Jundiani Jundiani

{"title":"Local Wisdom-Based Water Resources Conservation: Enhancing Local Wisdom in Society 5.0","authors":"Z. Aspan, Ernu Widodo, Fajlurrahman Jurdi, Jundiani Jundiani","doi":"10.20956/halrev.v9i2.4298","DOIUrl":"https://doi.org/10.20956/halrev.v9i2.4298","url":null,"abstract":"Local wisdom as capital for sustainable water resource conservation is becoming increasingly important in the era of Society 5.0. It is characterized by technological transformation and extensive interconnection. In this context, implementing local wisdom values in the conservation of water resources is a significant challenge. This paper discusses the challenges faced in conserving sustainable local wisdom-based water resources in the era of Society 5.0, such as cultural and technological changes. This paper also examines legal regulations in water resource conservation based on local wisdom, such as how laws regulate water use and budget arrangements for water resource conservation. The method used is a literature study of several legal materials using concept and statutory approaches, then analyzed to answer the problems studied. The results show that it is necessary to strengthen the recognition and protection of local wisdom through the preparation or revision of laws and regulations that recognize the values of local wisdom in the conservation of water resources, a collaboration between stakeholders to build citizen communication and consultation; and regulatory adjustments to support the conservation of water resources in the era of society 5.0.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139239607","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Transfer of Land Ownership and Marginalization as Impact of Tourism Industry 土地所有权转移与边缘化对旅游业的影响

Hasanuddin Law Review Pub Date : 2023-09-11 DOI: 10.20956/halrev.v9i2.4593

Fransiscus Xaverius Sumarja, Bayu Sujadmiko, Tien Dung Nguyen, Dianne Eka Rusmawati

{"title":"Transfer of Land Ownership and Marginalization as Impact of Tourism Industry","authors":"Fransiscus Xaverius Sumarja, Bayu Sujadmiko, Tien Dung Nguyen, Dianne Eka Rusmawati","doi":"10.20956/halrev.v9i2.4593","DOIUrl":"https://doi.org/10.20956/halrev.v9i2.4593","url":null,"abstract":"Tourism has emerged as one of the foremost industries experiencing rapid growth. Over the past few decades, the sector has witnessed continuous development in Indonesia, evident from the increasing number of foreign tourist arrivals. The rapid growth of tourism in various regions has undeniably yielded positive impacts on both investment and the overall economy. However, it has also given rise to a multitude of challenges that need to be addressed. One of the challenges pertains to the issue of land ownership, specifically concerning the acquisition of residents' lands surrounding tourist destinations by foreign individuals, which is strictly prohibited under Indonesian law. Therefore, a comparative analysis between Indonesia and Malaysia is needed to identify regulation problems to potentially increase cases of legal smuggling of foreign land ownership transfers. This study explains the practice of land ownership by foreigners in the Pesisir Barat District of Lampung, along with the associated problems analyzed through a socio-legal approach. The results show that tourism undeniably benefits the economic sector, and resulted in legal infringements concerning land ownership, leading to the marginalization and displacement of local communities. This study adopts a comparative law method, elucidating the respective provisions of both Indonesia and Malaysia, supplemented by a normative juridical approach to examine legal principles, regulations, and systematics through the examination of relevant library materials. Consequently, it is essential to enhance the regulations surrounding the transfer of land to foreigners, including Foreign Citizens and Foreign Legal Entities with representatives in Indonesia, emulating the stringent land tenure restrictions imposed by Malaysia on foreign nationals.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136025488","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0