Hasanuddin Law Review
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Smart Contract as a Novel Method of Contracting: Many Unanswered Legal Questions
Full text linkSmart contracts have shed light on a new era of contract law, which necessitates a proper legal response to address their unique characteristics, including automation, self-enforcement, coded, immutability, and irreversibility. While these features offer significant legal and practical benefits, they raised critical legal questions. The study aims to identify the legal challenges resulting from the implementation of smart contracts through an in-depth examination of various key aspects. To achieve the intended objective, the study adopted qualitative research utilising the library method and analysing data descriptively and analytically. The study revealed that applying the current conventional contract laws is inadequate and would create a bundle of unprecedented legal questions related to all the life cycle of the contracts, such as legal existence, formation and enforcement, jurisdictional issue, mechanism, unlawful activities, as well as the third parties. The study recommended establishing a specialised framework to address various issues, including the establishment of a regulatory and supervisory body, legislative clarification on various aspects of smart contracts’ such as exchange of will, place, and time, coding language and coding errors, essential functions, jurisdiction and enforcement, ADR, external partners such as Oracle and coding experts, in addition to other matters pertaining to validity and admissibility. Future studies may focus on using these questions as a way to measure the viability of their law to address the emergence of smart contracts.
Legal Gaps in Personal Data Protection: Reforming Indonesia’s Population Administration Law
Full text linkThis study critically examines the existing legal framework for personal data protection within Indonesia’s population administration system. Through a normative legal research approach, it identifies significant regulatory gaps that leave personal information vulnerable to misuse and breaches. The results show that the current legal policies remain insufficient, as numerous aspects of personal data protection have yet to be explicitly regulated in the Population Administration Law. Despite the enactment of a national personal data protection law, its effectiveness is undermined by the lack of comprehensive integration into the Population Administration Law. This research proposes reconstructing the legal framework to address essential aspects of data management—such as collection, utilization, safeguarding, exchange, and misuse prevention—while establishing clear access rights, prohibitions on unauthorized activities, and a structured system of proportional sanctions. By incorporating specialized legal provisions and aligning with international best practices, these reforms would strengthen Indonesia’s data protection framework, enhance public trust, and reinforce the government’s role in safeguarding citizens’ personal information
Sharenting in Malaysia: Balancing Parental Rights and Children’s Privacy in the Digital Age
Full text linkThis study explores the phenomenon of “sharenting,” the widespread practice of parents sharing information, photos, and videos of their children online, within the Malaysian context. As social media becomes deeply embedded in daily life, sharenting serves as a common means for parents to document and share their parenting journey. However, this practice raises significant concerns about striking a balance between parental rights and children’s rights to privacy, consent, and protection from long-term digital exposure. While Malaysian parents often view sharenting as an expression of their rights, it may inadvertently infringe upon the child’s autonomy and digital footprint, which is permanent and difficult to erase. This study examines the existing Malaysian legal framework governing parental and children’s rights, with a focus on the principle of the best interest of the child as the guiding standard. Through a comprehensive review of literature, relevant legislation, and comparative perspective, the study argues that current laws are insufficiently addressing children’s digital privacy and consent rights. It recommends legal reforms that explicitly recognise children’s rights to privacy, consent, and the right to be forgotten, ensuring a more equitable balance between parental authority and the child’s digital autonomy in the digital age
Shaping the Labor Market of Vietnam in the Age of Artificial Intelligence: Comparative Insights from the European Union
Full text linkThe 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
Legal Reforms in Indonesia’s Financial Sector on Institutional Relations between Bank Indonesia and the Government
Full text linkLegal 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
Reimagining Legal Approaches to Technology-Facilitated Violence Against Women in India
Full text linkDigital technology has expanded women’s opportunities for expression and participation, while simultaneously enabling new and intensified forms of gender-based violence. In India, technology-facilitated violence against women (TFVW) has increased in scale and complexity, yet existing legal frameworks remain inadequately equipped to address its multidimensional harms. This article identifies a significant gap in Indian law, arguing that the Bharatiya Nyaya Sanhita (BNS) and the Information Technology Act (IT Act) insufficiently recognise psychological harm, informational privacy violations, and non-sexual online abuse, while continuing to rely on patriarchal notions of consent, modesty, and public morality. Adopting a doctrinal legal research methodology informed by feminist jurisprudence, the article examines statutory provisions, judicial interpretations, and enforcement practices governing TFVW in India. It demonstrates how current laws prioritise bodily integrity and obscenity-based regulation, thereby marginalising women’s digital autonomy and reinforcing victim-blaming narratives. Drawing on constitutional principles of equality, dignity, and privacy, the article advances a feminist legal framework that shifts the analytical focus from consent and morality to harm, agency, and structural inequality. The article contributes to feminist legal scholarship by reconceptualising TFVW as a constitutional rights violation and argues for transformative legal reform to address the systemic nature of digital violence against women
Feminism and Gender Equality among Orang Asli Women: Implications for Customs and Laws
Full text linkAlthough 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
Compliance with International Humanitarian Law and Peacebuilding in Post-Conflict Kosovo
Full text linkUnprecedented 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
Suspicion on the Non-conformity of the Goods as a Foundation of Breach of International Sales Contract
Full text linkThe aim of the research is to analyze the breach of international sales contract based on suspicion on non-conformity of the goods in regards to United Nations Convention on Contracts for the International Sale of Goods (CISG). This study is normative legal research. The types of approach used are the legislative approach, case approach, and conceptual approach. The analysis technique uses syllogistic methods through deductive thinking patterns. The result of the study indicates that the appropriate reason of suspicion of non-conformity of the goods under Article 35 of the CISG is the effect of suspicion on the usability of the goods rather than the existence of suspicion itself. It is required the most influence factor in having adverse effect on the function of the goods to be categorized as non-conformity of the goods in regards to a breach of contract. Suspicion could be removed by ensuring that the goods are functional. Finally, the burden of proof towards the suspicion on the non-conformity of the goods could be liable by the parties, especially the seller
Notarial Challenges for Aircraft Deeds: Unlocking the Potential of Aircraft as Collateral
Full text linkA notary is a public official entrusted with the authority to draft legal deeds pertaining to agreements within the scope of private law. However, their ability to fulfill this role is limited when they are unable to draft aircraft mortgage deeds. This study aims to critically evaluate the scope of a notary's authority in preparing aircraft-related deeds and to examine the various forms of legal deeds that have emerged in practice when aircraft are used as collateral in credit agreements. Using a normative legal approach, the research employs statutory analysis, conceptual exploration, and interpretative methods to assess legal materials. The findings reveal that notaries face considerable obstacles in exercising their authority due to the lack of specific regulations on aircraft mortgages, even as the aviation industry continues to grow rapidly. This regulatory void has resulted in the emergence of diverse deed types, such as Deeds of Agreement for the Transfer of Guarantee and Grant of Power of Attorney, Fiduciary Deeds, and Deeds for the Transfer and Guarantee of Power of Attorney. Furthermore, as aircraft, categorized as registered objects, can be classified as immovable property and potentially treated as mortgageable collateral, the establishment of specific regulations governing aircraft mortgages is essential to avoid legal uncertainty and ensure clear regulatory guidance