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Institutional Policy in Land Procurement Under The Omnibus Law Regime Kuswahyono, Imam; Ula, Hikmatul
Brawijaya Law Journal Vol 7, No 1 (2020): Contitutional Issues: Economic, Social and Cultural Rights
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.01.02

The legal culture procedure with socio-legal analysis will be able to answer the fundamental questions in the problems of practices of land procurement for public interests, in particular the issue of compensation. The crucial issue of compensation within the implementation of the policy of land procurement regards the non-equivalence of land value, both utility value and economic value of structures and landscapes, to the monetary compensation. The use of the legal culture approach is to provide answers and implement them to resolve issues of land procurement for public interests in the omnibus law regime to maintain justice to landowners and preserve the environment. The correlation of the cultural approach and activities of land procurement is that culture refers to the target of the national conscience, and the cultural approach based on the growth mindset will result in wisdom and nobility of the decisions of public officials to prioritize the people rather than interests of investment. The government must choose to renegotiate the policy of enacting the Law of Employment Creation, which is judged by the greater public to conflict with the spirit and mandate of the Preamble and contents of the 1945 Constitution. It needs renegotiation between the state and people by discussing in-depth the legal substance of the law is not performed, and then the law in question must have its enactment firmly rejected.

MODEL PENERAPAN CORPORATE SOCIAL RESPONSIBILITY OLEH MULTINATIONAL CORPORATION DALAM PENGATURAN INTERNATIONAL FINANCE CORPORATION (IFC) DAN MULTILATERAL INVESTMENT GUARANTEE AGENCY (MIGA) Hikmatul Ula
Arena Hukum Vol. 7 No. 1 (2014)
Publisher : Arena Hukum

AbstractThe research focuses on the legal position of Corporate Social Responsibility by Multinational Corporation in the regulation of the International Finance Corporation (IFC) and the Multilateral Investment Guarantee Agency (MIGA) and the implementation model of Corporate Social Responsibility by Multinational Corporation in the regulation of the International Finance Corporation (IFC) and the Multilateral Investment Guarantee Agency (MIGA). By using the method of normative research with conceptual and analytical approach, it can be seen that the legal status of CSR in the setting of international law is voluntary norm. But in its development, IFC and MIGA position not only as the voluntary CSR norm but important condition that must be met by each company that will work with IFC and MIGA (obligatory norm). The model of Implementation of CSR in IFC and MIGA can be described in two stages, before the execution of corporate business activities (prevetive action) and after running the corporate business activities (repressive and evaluative action). As a preventive action IFC and MIGA requires every corporation to meet established performance standards particularly in terms of environmental and social. As repressive and evaluative methods, the WBG has a duty CAO institution and its function is to receive complaints and grievances of the people associated with the firm in cooperation with the IFC or MIGA. Key words: implementasi, CSR, WBG, IFC, MIGA, voluntary, obligatory norm Â AbstrakÂ Penelitian itu menitikberatkan pada kedudukan hukum Corporate Sosial Responsibility oleh Multinasional Corporation dalam pengaturan International Finance Corporation (IFC) dan Multilateral Investment Guarantee Agency (MIGA) dan model penerapan Corporate Social Responsibility oleh Multinasional Corporation dalam pengaturan International Finance Corporation (IFC) dan Multilateral Investment Guarantee Agency (MIGA). Dengan menggunakan metode penelitian yuridis normatif dengan pendekatan konseptual dan analisis, dapat diketahui bahwa Kedudukan hukum CSR dalam pengaturan hukum internasional adalah voluntary norm. Namun dalam perkembangannya IFC dan MIGA memposisikan CSR bukan hanya sebagai voluntary norm tetapi syarat penting yang harus dipenuhi oleh setiap perusahaan yang akan bekerja sama dengan IFC dan MIGA (obligatory norm). Model pelaksanaan CSR dalam IFC dan MIGA dapat dijelaskan dalam dua tahap yaitu sebelum dilaksanakannya kegiatan usaha korporasi (prevetif action) dan setelah kegiatan usaha korporasi berjalan (represif dan evaluatif action). Sebagai preventif action IFC dan MIGA mensyaratkan setiap korporasi untuk memenuhi standar kinerja yang telah ditetapkan khususnya dalam hal lingkungan dan sosial. Sebagai metode represif dan evaluatif, WBG memiliki lembaga CAO yang tugas dan fungsinya adalah menerima pengaduan dan keluhan dari masyarakat terkait dengan perusahaan yang bekerjasama dengan IFC atau MIGA.Kata kunci: implementasi, CSR, WBG, IFC, MIGA, voluntary, obligatory norm

Institutional Policy in Land Procurement Under The Omnibus Law Regime Kuswahyono, Imam; Ula, Hikmatul
Brawijaya Law Journal Vol. 7 No. 1 (2020): Contitutional Issues: Economic, Social and Cultural Rights
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.01.02

The legal culture procedure with socio-legal analysis will be able to answer the fundamental questions in the problems of practices of land procurement for public interests, in particular the issue of compensation. The crucial issue of compensation within the implementation of the policy of land procurement regards the non-equivalence of land value, both utility value and economic value of structures and landscapes, to the monetary compensation. The use of the legal culture approach is to provide answers and implement them to resolve issues of land procurement for public interests in the omnibus law regime to maintain justice to landowners and preserve the environment. The correlation of the cultural approach and activities of land procurement is that culture refers to the target of the national conscience, and the cultural approach based on the growth mindset will result in wisdom and nobility of the decisions of public officials to prioritize the people rather than interests of investment. The government must choose to renegotiate the policy of enacting the Law of Employment Creation, which is judged by the greater public to conflict with the spirit and mandate of the Preamble and contents of the 1945 Constitution. It needs renegotiation between the state and people by discussing in-depth the legal substance of the law is not performed, and then the law in question must have its enactment firmly rejected.

Legal Status of the Who’s Covid-19 Investigator in International Law Perspective Suryokumoro, Herman; Ula, Hikmatul; R, Intania Zahra
SASI Volume 28 Issue 1, March 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i1.700

Introduction: This issue was raised based on the fact that the COVID-19 investigation team in carrying out their duties did not always go well, one of which was the refusal of several people from the investigation team to enter Chinese territory.Purposes of the Research: This study aims to analyze the legal protection of the COVID-19 investigator team from WHO in the perspective of international law.Methods of the Research: The research method used is normative juridical research with a qualitative analytical descriptive nature, by examining legal materials, both primary legal materials and secondary legal materials through literature studies and other related literature.Results of the Research: The position of the WHO investigation team in the perspective of international law is as an expert on mission as well as an expert on mission in the United Nations. Expert on mission is an external organ to assist the functions and goals of organizations including WHO. In carrying out their duties, the expert on mission is equipped with all legal protections as stipulated in the Convention on the Privileges and Immunities of the Specialized Agencies. Protection is given when the expert mission is carrying out its duties but in the convention there is no guarantee that the expert on mission is allowed -unconditionally- to enter the territory of the country. This is very reasonable considering that the state has full sovereignty over its jurisdiction. The ban on the entry of the COVID-19 investigation team for reasons of sovereignty should have been avoided considering that the COVID-19 pandemic is a common problem that requires cooperation from all over the world. The existence of obstacles to the work of the Investigation Team by China, which incidentally is the country that initiated the formation of the Covid-19 Investigation Team, is a bad precedent and a violation of international obligations as stipulated in the Responsibility of States for International Wrongful Acts.

Implementasi Doktrin Police Power Sebagai Dasar Ekspropriasi Investor-Negara Herlambang, Alyssa; Ruslijanto, Patricia Audrey; Ula, Hikmatul
RechtJiva Vol. 3 No. 2 (Juli 2026)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v3n2.6

The increasing tension between investor protection and state regulatory authority has intensified debates in international investment law, particularly concerning indirect expropriation claims in investor–state disputes. While bilateral investment treaties generally require compensation for expropriation, states frequently invoke the police power doctrine to justify regulatory measures adopted for public welfare objectives without incurring compensation obligations. However, the absence of clear normative boundaries has generated legal uncertainty in arbitral practice. This research aims to examine the criteria under which the police power doctrine may serve as a valid justification for state measures alleged to constitute expropriation, and to analyze the legal consequences arising from its application in investor–state disputes. The study employs a normative juridical method using statutory, conceptual, and case approaches. Primary legal materials include bilateral investment treaties, UNCTAD publications, and arbitral awards. The findings demonstrate that the police power doctrine operates as a legitimate exception to compensation when state measures are enacted in good faith, pursue a genuine public purpose, are non-discriminatory, comply with due process, and satisfy proportionality requirements. When these criteria are fulfilled, regulatory actions do not amount to compensable indirect expropriation. This framework contributes to strengthening legal certainty while preserving the regulatory autonomy of states under international law.

Enhancing the HDI (Human Development Index) Through the Implementation of An RO (Reverse Osmosis) Based Clean Water Supply System for the Community of Asemberit Hamlet, Sampang Regency, Madura Hario P, Fakhry; Ula, Hikmatul; Sari, Sapriesty Nainy; Afirianto, Tri; Rahayu, Dewi Puspita
TEKAD : Teknik Mengabdi Vol. 4 No. 2 (2025)
Publisher : Fakultas Teknik, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.tekad.2025.04.2.7

The demand for clean water continues to increase along with population growth, while its availability becomes increasingly limited. Clean water is essential for health, household activities, agriculture, and environmental sustainability. The criteria for potable water include a neutral pH, absence of excessive chemical substances, and no E. coli contamination. In coastal areas such as Sampang Regency, Madura, groundwater quality is generally low due to high salinity, alkalinity, and lime content, making it unsuitable for consumption. To address this issue, a clean water supply system based on Reverse Osmosis (RO) technology was developed to reduce odor, turbidity, and organic compounds. This program aims to produce potable water while improving public health, soil fertility, and community productivity. In addition to benefiting local communities and regional governments, this activity also serves as a medium for community service and research for the academic community of Universitas Brawijaya and supports the “1000 Villages” Community Service Program (KKN) in East Java.

Carbon Border Adjustment Mechanism: Between Climate Target and Climate Justice Ula, Hikmatul
Arena Hukum Vol. 19 No. 1 (2026)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2026.01901.6

The Carbon Border Adjustment Mechanism (CBAM) raises urgent legal questions about whether climate ambition pursued through border measures can be reconciled with equity and common but differentiated responsibilities and respective capabilities (CBDR-RC), and sustainable development. While Mehling et al. (2019) examine border carbon adjustments as tools for enhanced climate action and trade-law legitimacy, Beaufils et al. (2023) assess their distributional impacts on trade partners, and Boute (2024) analyses the recognition of third-country carbon pricing, these studies remain insufficiently integrated in explaining CBAM simultaneously as a climate-target instrument and a justice-sensitive legal mechanism. This article aims to critically assess whether CBAM can prevent carbon leakage and extend carbon pricing to imports without imposing disproportionate transition burdens on developing countries and carbon-intensive exporters. It employs normative legal research using statutory, conceptual, and critical policy approaches, focusing on Regulation (EU) 2023/956, international climate law, WTO-related principles, and climate justice scholarship. The article finds that CBAM may strengthen carbon accountability and protect the integrity of EU climate policy, but its current design remains overly centred on carbon-cost equalisation and gives inadequate recognition to differentiated capacities, non-price climate policies, procedural participation, and revenue equity. It concludes that CBAM should move from equal carbon pricing toward equitable carbon-cost differentiation. The article recommends differentiated compliance pathways, recognition of diverse mitigation measures, technical assistance, and revenue recycling for affected developing countries. Its contribution lies in offering foreign readers a critical legal framework for evaluating CBAM beyond EU competitiveness, as a test of fairness in global climate-trade governance.

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