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Brawijaya Law Journal : Journal of Legal Studies
Published by Universitas Brawijaya
ISSN : 23564512     EISSN : 25030841     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
BRAWIJAYA LAW JOURNAL, Journal of Legal Studies Brawijaya Law Journal (BLJ) is a newly established journal in the field of legal studies. The Journal is published annually by Law Faculty Brawijaya University, Indonesia. BLJ is an open access, peer-reviewed e-journal which aims to offer an international scientific platform for national as well as cross-border legal research. The materials published include major academic papers dealing critically with various aspects and field of laws as well as shorter papers such as recently published book review and notes on topical issues of law. Printed version of the series can be printed on demand (POD). The website of the journal can be accessed through lawjournal.ub.ac.id
Arjuna Subject : -
Articles 282 Documents
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Land Procurement for Upstream Oil and Gas Business Activities in Indonesia Subadi, Subadi
Brawijaya Law Journal : Journal of Legal Studies Vol 8, No 1 (2021): Contemporary Issue in Private Law
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.01.03

Abstract

This paper aims to provide an understanding and insight regarding land procurement for oil and gas exploration activities as well as the development of regulations or legal and policy breakthroughs that have so far not been or very little exposed. Land procurement has always been a serious obstacle or obstacle to oil and gas exploration activities in Indonesia. Land procurement for oil and gas exploration using a business to business (B to B) mechanism makes it very difficult for SKK Migas and the contractor. In recent years, the government has made legal breakthroughs to simplify and accelerate the land procurement mechanism for exploration activities. This study uses a normative juridical method supported by in-depth interviews with legal experts, land acquisition committees and landowners and has produced conclusions: First, the business to business (B to B) mechanism often faces obstacles and obstacles, such as; 1) refusal from the landowner; 2) inconsistency with the spatial layout; 3) there is a land dispute with other parties; 4) it is difficult for oil and gas contractors to process land certification. Second, the discretion which is considered as a legal breakthrough or new policy that is ideal in helping to smooth and accelerate the process of oil and gas production in Indonesia.
Law Protection Mecanism of Wage Equality for Women Worker: Indonesian Law and Human Right Perspective Sukarmi, Sukarmi; Ganindha, Ranitya; Umar, Azahlia
Brawijaya Law Journal Vol 7, No 2 (2020): Contemporary Legal Issue in Children and Women Protection
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.02.02

Abstract

Women labours in Indonesia still experiencing wage discrimination with male labours for works of equal value. Indonesia's efforts to provide protection against discrimination in wage for women labor is by ratifying ILO Convention No. 100 of 1951 and the CEDAW Convention 1979. This journal aims to find out the form of Protection of Wage Discrimination for women labours in Indonesia in accordance with the mandate of the ILO and CEDAW Conventions and the Protection Mechanism of wage discrimination given by Indonesia to women labours. This journal is a normative study, with a statute approach and a conceptual approach. This journal analyzes that the form of Protection of Wage discrimination Against women labours in Indonesia is through legislative action through ratification of ILO Convention No. 100 of 1951 with Law No. 80 of 1957 concerning the approval of ILO Conventions No. 100 Regarding Wages for Men and Women for Work of Equal Value, especially those contained in Article 1 letter (b) and Article 2, the ratification of CEDAW through Law No. 7 of 1984 concerning Ratification of the Convention Concerning the Elimination of All Forms of Discrimination Against Women especially those contained in Article 11 Letter (d), Law No. 13 of 2003 concerning Employment specifically regulated generally in Article 5, Article 6, and Article 88 Paragraph (3) Letter (i). This journal finds that Indonesia does not yet have regulations that contain special protection mechanisms for wage discrimination provided by Indonesia to women workers in the form of sanctions, reporting mechanisms or special supervision of discriminatory practices, which are not yet regulated either in the Employment Act or the Law ratified by the Convention ILO and CEDAW.
Expanding the Frontiers of the Right to Work through Migration: An Evolving Regime Nnawulezi, Uche; Adeuti, Bosede Remilekun
Brawijaya Law Journal : Journal of Legal Studies Vol 8, No 1 (2021): Contemporary Issue in Private Law
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.01.01

Abstract

This paper explores the strategic interest in promoting the right to work through migration. Ideally, migrant workers whether under contract or other formal arrangements, or simply setting off on their own initiative should be given a basic understanding of the language, culture, legal, social, and political structures of the states to which they are going. This is really important given the complex nature of the rights of all migrant workers and members of their families, as an evolving regime that has faced difficulties in the implementation of their rights to work at the global level. This paper therefore set out to examine why most migrant workers experience challenges in securing employment, while some have to surmount far more barriers either before their departure, or at the time of their admission to the state of employment of all conditions applicable to their admission, as well as of the requirements they must satisfy in the state of employment and the authority to which they must satisfy in the state of employment and the authority to which they must address themselves for any modifications of those conditions. The methodology underpinning the research is essentially descriptive, thus, deductive logical “content analysis” is employed. This paper among other things argues that the consequences of migration and the situation of vulnerability in which migrant workers and members of their families frequently-find themselves cannot only be solved by having a functional fundamental human rights approach on the complexity of social, economics, and cultural issues prevalent in the migration regime. This paper concludes that with due respect to the author and to his concern for the protection and promotion of the right to work through migration, is to say the least, is a first step towards a sustainable promotion of the right to work through migration.
Victimization of Women in Prisons: A Comparative Analysis of India and Indonesia Parul, Parul; Luvleen, Luvleen
Brawijaya Law Journal Vol 7, No 2 (2020): Contemporary Legal Issue in Children and Women Protection
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.02.09

Abstract

Prisons have become a world of their own, and women are its new citizens. There have been many studies on incarcerated as a result of the growing numbers of women in prisons, and feminist studies. The on-going reconstruction of literature on this subject has given rise to a new question as to whether we should consider women in prisons, as victims in need of protection, or has this narrative changed?This article unfolds as follows: The first section delves into the conceptual development of sexual rights of women in the international sphere, focusing specifically on women in prisons. Subsequently, the second section analyzes in detail various studies, articles and news reports on the subject of sexually abusive treatment of women inmates offering a brief overview of the concerns in India and Indonesia. The methodology adopted for this article is primarily doctrinal, for the comparative analyses of the rights available to women inmates under various national and international legal instruments.
The Notion of Divine Principle (Asas Ilahiah) in Indonesian Contract Law Djumikasih, Djumikasih; Luth, Thohir; Budiono, Abdul Rachmad; Koeswahyono, Imam
Brawijaya Law Journal : Journal of Legal Studies Vol 8, No 1 (2021): Contemporary Issue in Private Law
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.01.09

Abstract

This study is legal research aiming to find out the essence of Divine Principles in Indonesian Contract Law from the review of the Natural Law theory, the Sunt-Servanda theory, the Awareness and Legal Obedience Grundnorm theory, and Truth theory. This research reveals that the Divine Principle's essence is the most fundamental principle or guideline derived from God but exists in humans, aiming to find the truth and regulate the parties in making agreements. The application of the Divine Principle aims to find the truth and regulate the parties in the agreement's field.  Indonesian citizens could realize and practice the Precepts of Godhead in their agreement activities. In establishing the agreement, the parties are applying the teachings of their respective religions. This study reveals that the Divine principle needs to be incorporated into one of the upcoming National Agreement Laws principles, especially in the contract born because of the agreement. This study maintains that the divine principle can be applied comprehensively for Indonesian citizens who are parties to the agreement, not only limited to the Indonesian Muslim citizens.
Legal Protection for Women Drivers in the Gig Economy: Evidence from Tulungagung, East Java Zulfiyan, Ahmad
Brawijaya Law Journal Vol 7, No 2 (2020): Contemporary Legal Issue in Children and Women Protection
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.02.05

Abstract

In patriarchal society, women tend to be vulnerable. This is caused by the existence of a hierarchical view that considers women lower position than men, even at work. This study aims to find out how the legal protection for Grab women drivers in the gig economy. The method used in this study is empirical-qualitative with a feminist approach. Data were collected through in-depth interview, literature study, and the internet. The data in this study were analyzed using the Miles and Huberman model which includes data reduction, display, and conclusion drawing. The results of this study showed that, in the gig economy, the relationship between Grab as an online transportation service provider and the drivers that they call 'mitra' cannot be categorized as an employment relationship. The implication is that the rights stated in Act Number 13 of 2003 concerning Labor cannot be obtained by drivers. In the context of women drivers, they face various legal protection constraints such as limited job security, double burden, gender stereotypes, and sexual harassment.
The History and Origin of Fraud as a Defect in Consent in Contractual Relationships Hajdari, Egzonis
Brawijaya Law Journal : Journal of Legal Studies Vol 8, No 1 (2021): Contemporary Issue in Private Law
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.01.02

Abstract

Fraud is a specific type of defect in consent that manifests the purpose of one of the parties to establish a contractual relationship through deceptive actions. As such, fraud is an unlawful and unethical action that emerged beginning with some of the earliest agreements in human society. Moreover, the practical treatment of fraud is likely to have occurred since the genesis of its appearance. More appropriate and advanced treatment of fraud can be seen after the implementation of the first legal systems, which focused on contractual relationships. Fraud in contractual relationships will be examined starting with Babylonian, Ancient Greek, Roman, and Islamic law and will continue with a focus on Albanian customary law and modern laws implemented in Kosovo. Furthermore, in this article, we will show how the treatment of fraud has evolved in the legal framework in Kosovo.
Protection of Interests of Children: The Roles of Religions and Legal Regimes Adebayo, Akintunde Abidemi
Brawijaya Law Journal Vol 7, No 2 (2020): Contemporary Legal Issue in Children and Women Protection
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.02.06

Abstract

Religion provides the basis for the protection of human rights, namely, right to life, dignity of human person, right to property, among others. Without prejudice or disrespect to other religions, this paper focuses on Christianity religion and protection of rights of children considering their vulnerability. To this end, the Holy Bible provides for measures to safeguard, protect and ensure the good as well proper upbringing of children. Similarly, the United Nations Convention on the Rights of the Child, OAU Charter on the Rights and Welfare of the Child and the Child Rights Act provide for protection of rights of children. The essence of these provisions is to ensure the smooth running of the society and betterment of humanity. Therefore, this paper examines the salient provisions to safeguard and protect rights and interests of children in Christianity as well as under the aforementioned legal regimes. It concludes that while not undermining the significant role of laws in the protection of rights of children, religion plays an augmenting role of protecting the interests of children by instilling in members of the society, the needed respect for humanity and morality which is mostly lacking in the modern era. It recommends among other things that, government at all levels as well as religious leaders should give priority attention to the protection of children. 
The Implementation of Pre Merger Notification in The Draft Law on The Prohibition of Monopoly Practices and Unhealthy Business Competition in Indonesia Sumirat, Ratna; Dirkareshza, Rianda
Brawijaya Law Journal : Journal of Legal Studies Vol 8, No 1 (2021): Contemporary Issue in Private Law
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.01.05

Abstract

This paper examines the consequences of the Post Merger regime in Law No. 5/1999 concerning the Prohibition of Monopolistic Practices and Business Competition. This research uses the normative juridical method and comparative approach, comparing the American Antitrust Law which has successfully implemented the pre merger notification with the Indonesian Business Competition Law which implements the post merger notification. The results of this study indicate that the importance of implementing the Pre Merger Notification in the draft Law on the Prohibition of Monopolistic Practices and Unfair Business Competition is viewed in a comparison with the success of the Antitrust Law America and supported by the dynamics of globalization of the Industrial Revolution 4.0 which became a challenge for the Business Association Supervisory Commission. Thus, the regime change from Post Merger Notification to Pre Merger Notification is the right step in implementing a merger in Indonesia because Pre Merger Notification provides legal certainty and also more efficient for business actors and KPPU as a preventive effort with the aim that the implementation of Pre Merger Notification will be carried out optimally in achieving the goal of fair business competition
Gender Violence, Gender Justice and Gender-Based Laws: An Analysis of Pattern and Policies in India and Indonesia Tyagi, Neelam
Brawijaya Law Journal Vol 7, No 2 (2020): Contemporary Legal Issue in Children and Women Protection
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.02.01

Abstract

If we look at the status of women in a particular society, we can get a fair idea about its social organization and its standard. Violence against women is a challenge against the right to equality and an extreme form of violation of human rights. From ancient times to the modern era, women face discrimination, exploitation, and violence in every walk of their life, and this phenomenon is prevalent across all borders. Every civilized society tries to protect its members both in public and private spaces with the help of a set of laws and rights. Hosts of laws and beneficial legislation enacted to ameliorate women’s condition have failed to achieve the desired purpose due to the presence of several factors. Thus mere enactment of laws will not serve the desired purpose until they are effectively implemented and assertively claimed by women. This paper presents an analysis of the various forms of violence that women face throughout their life and lacunas in the laws made for dealing with them. It analyses the extent to which the women favoring laws in India and Indonesia prevents the frequency of their occurrence along with some recommendations for bringing about changes on this situation. 

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