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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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Expanding the Frontiers of the Right to Work through Migration: An Evolving Regime Nnawulezi, Uche; Adeuti, Bosede Remilekun
Brawijaya Law Journal 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 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 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. It 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.
Need for Revamping Information Technology Laws in India Walia, Ivneet Kaur; Kumar, Dinesh
Brawijaya Law Journal Vol. 8 No. 2 (2021): State Administration Role in Establishing Constitutional Obligation
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.02.03

Abstract

Homo Sapiens have a distinct characteristic of being superior to other creatures. They owe this superiority not only because they have the power to reason and rationalize but also because they have a tendency to organize themselves as a congregation, which can work in a group at a large scale. The human instinct to improvise on its own inventions, have today resulted in mutation of a world from the stage of abacus to the era of Robotics. For the sake of avoiding chaos and maintaining the sovereignty, every nation strives to eradicate the fear of dominance by the selected elite and hence the need of regulations and the law. The aim of the paper is to highlight the grey areas and limitations existent in Information Technology Laws and focusing on the emerging domains of cyberspace. Its also aims to draw the attention by the policymakers and the legislators to understand the need for amending the Information Technology Act, 2000 for including legal provisions related to emerging issues in cyber space. The analytical research method is used to collect the data based on a systematic review of the existing sources of information and involved qualitative research to analyze the information. The conclusion and suggestions of this paper will definitely be helpful in either drafting or amending a comprehensive law relating to IT keeping in view the evolving technologies and their applications.
Modus of Girls Trafficking in Bongas Indramayu: Victimology Perspective Hamja, Hamja; Sulistio, Faizin
Brawijaya Law Journal 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.2021.008.01.08

Abstract

The Regency of Indramayu has been stigmatised as a land of trafficking of women and children, not only at national level, but it has also transcended overseas. This research is aimed to seek deeper into the perspective of the victims from Bongas, Indramayu regarding their involvement in the trafficking. This research employed case study method and field observation based on descriptive-analytical approach. This research reveals that the majority of the people in Indramayu are living in the breadline, and they are mostly poorly educated. Women in Indramayu are even denounced as the breadwinner, or locally called as “luruh duit” or rushing for money, and this term is inappropriately interpreted; women are burdened with the responsibility to raise the economic status of the families by working in big cities. The culture of earning money by migrating to big cities is seen as a chance for human trafficking. This research also suggests some strategies such as co-assisting and developing the program to identify, rehabilitate, and reintegrate the victims of the crime.
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 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.
Alternative Dispute Resolution (ADR) Hybrid in Cameroon as a Form of Legal Protection for Consumers of Defective Products Amandong, Egute Matthew
Brawijaya Law Journal 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.2021.008.01.04

Abstract

As part of the awareness creation exercise, this paper seeks to establish that consumers of defective products in Cameroon should be exposed to the various extra-judicial channels once they can be adopted by Government and through which the consumers can enforce their rights. This is known as Alternative Dispute Resolution (ADR). The acronym ADR is a group of flexible approaches which could be applied in resolving disputes related to defective products more quickly and at a lower cost than going through the tedious road of adversarial proceedings. ADR mechanisms generally are intended to mean alternatives to the traditional court process. Their adoption will involve the use of impartial interveners who are referred to as "third parties" or "neutrals". On the whole, the choice of a consumer redress mechanism is a choice between judicial and non-judicial mechanisms. The paper argues that, considering the difficulties encountered by the consumer within the adversarial system, the non-judicial mechanisms are more impactful and satisfactory to consumers than the judicial. It is equally argued that the judicial mechanisms depict a certain level of risk taking, that is, the risk of winning or losing and hence going without a remedy. This risk factor is much lower in the non or extra - judicial system or mechanism which reveals that in appropriate circumstances, the producers using the good customer relation basis, are minded to compensate even where the consumer's claim is baseless. In this wise, it is therefore necessary to encourage the utilization of the extra - judicial mechanisms in resolving consumer complaints. Expediency, speed and low cost no doubt support this call.
Synergy in the Fulfilment of National Interest in Efforts to Handle Refugees in Indonesia through Repratiation and Resettlement Widagdo, Setyo; Ikaningtyas, Ikaningtyas; Susanto, Fransiska A.; Hidayat, M. Choirul
Brawijaya Law Journal Vol. 8 No. 2 (2021): State Administration Role in Establishing Constitutional Obligation
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.02.05

Abstract

This article aims to analyze Indonesia's efforts to accommodate national interests in efforts to handle refugees in Indonesia. UNHCR noted that until December 2020 the number of refugees in Indonesia reached 13,700 people, with the most refugees coming from Afghanistan 57%, Somalia 10%, and Myanmar 7%. This number is very large considering the fact that Indonesia is only a transit country and not a country that ratified the 1951 Refugee Covenant. The existence of refugees in Indonesia is an urgent problem by taking advantage from human rights as the basis of its justification, while Indonesia is a sovereign country that has the authority to regulate the traffic of foreigners in its territory especially on the basis of national interests, such as security. The existence of Presidential Regulation No. 125/2016 on the Handling of Refugees from Abroad has not optimally become a solution for handling refugees in Indonesia. By using normative juridical research method, the authors analyzed that although the regulations regarding repatriation and resettlement of refugees were mentioned in Presidential Regulation No. 125/2016, they did not clearly regulate the procedures for handling refugees either through voluntary repatriation and there was no attempt by the government to implement the repatriation program. As for resettlement, the Indonesian government only relies on UNHCR
The Politics of Indonesia's Decentralization Law Based on Regional Competency Prasetyo, Ngesti Dwi; Fadli, Moh.; Anshari SN, Tunggul; Safa'at, Muchamad Ali
Brawijaya Law Journal Vol. 8 No. 2 (2021): State Administration Role in Establishing Constitutional Obligation
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.02.01

Abstract

Local governments have undergone various regulatory developments since Indonesia's independence 75 years ago. Various aspects underlying the development and changes in local government policies can be analyzed using several approaches, such as historical, philosophical, and sociological. This paper will discuss how the legal politics of the development of local government implementation, especially in terms of decentralization. Furthermore, the author will explain about the opportunities for implementing decentralization based on regional capacity to promote welfare of society. This research is normative juridical research using historical approach, conceptual approach, and legal approach. It can be said that the implementation and development of local government implementation is strongly influenced by various aspects other than the legal factor itself. Furthermore, there is still the possibility of implementing decentralization based on regional capacity as an effort to promote social welfare.
Covid 19 in the face of Contemporary International Law Norouzi, Nima; Ataei, Elham
Brawijaya Law Journal Vol. 8 No. 2 (2021): State Administration Role in Establishing Constitutional Obligation
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.02.06

Abstract

The outbreak of Covid-19 is an international crisis that has been unprecedented for the past hundred years. The virus was first reported in Wuhan, China, in late 2019 and gradually spread worldwide. In such circumstances, the effectiveness of international law in protecting human lives and promoting the right to health has been severely tested. More importantly, in the words of Michel Bachelet (A UN official), the Covid-19 has become a benchmark for the international community. This article will analyze how international law deals with the Covid-19 crisis in several areas: First, the World Health Organization's role as the main body responsible for protecting human healthcare in the face of the Covid-19 outbreak will be analyzed. Second, the international responsibility of States in guaranteeing the right to health will be assessed to determine the effectiveness of international law. Third, the suspension of human rights abuses due to the Covid-19 outbreak emergency will be tested in the international human rights system. Finally, the performance of the UN Security Council in dealing with this pandemic is examined. In each area, the question is to what extent the current structure of international law effectively deals with international crises and preserves human dignity.
Juxtaposing Fiduciary Constitutionalism and Administrative Constitutionalism in the Context of Enhancing the Indonesian Constitution Tan, David
Brawijaya Law Journal Vol. 8 No. 2 (2021): State Administration Role in Establishing Constitutional Obligation
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.02.02

Abstract

A lot of literature discusses the role of state administration, but there is still very little that emphasizes the unique picture related to juxtaposing aspects of fiduciary constitutionalism with administrative constitutionalism, especially at the stage of constitutional legal studies with the context of constitutionalism in Indonesia. Implementing a fiduciary state administration is very much needed, but the most significant obstacle is the enigma of administrative constitutionalism. The purpose of this inquiry is to analyze the development of the Indonesian Constitution in the future by elaborating the theory of fiduciary constitutionalism, issues related to administrative constitutionalism, and discussions related to the incorporation of the former and the latter into the practice of legal and political representation in the Indonesian Constitution using the perspective of judicial engagement theory. The research method used is the doctrinal legal approach using secondary data in the legal literature to gain academic insight. This research finally leads to a conclusion that focuses on the aspects of fiduciary and administrative constitutionalism, which can explain this phenomenon in enhancing the Constitution in Indonesia through several internalized recommendations.
Fintech Remittance Syariah : The Solution of Collection Ziswaf Overseas Pati, Umi Khaerah; Tejomurti, Kukuh; Pujiyono, Pujiyono; Pranoto, Pranoto
Brawijaya Law Journal Vol. 8 No. 2 (2021): State Administration Role in Establishing Constitutional Obligation
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.02.07

Abstract

Indonesian National Amil Zakat Board (BAZNAS) has collaborated with the largest and popular Indonesian payment gateways, e-commerce and crowdfunding fintechs such as ovo, Gojek, Kitabisa.com, Tokopedia.com etc. to optimize the collection of Islamic social funds like  Zakah,  infaq (charity spending), waqf (endowment) and sadaqah (voluntary charity) or usually called ZISWAF by depositing Rupiah currency into the e-wallet platform. However, fundraising cross-border ZISWAF stated in Article 16 Law No. 23/2011 on Zakat Management is carried out by Baznas by forming UPZ representatives of the Republic of Indonesia abroad. The power of fintech that might be operated on global scale can be an alternative for ZISWAF international friendly transfers. Based on the Islamic Finance News (IFN) report, as many as 142 Islamic fintechs are available worldwide. Islamic FinTech offers the opportunity to become more applicable to a global Muslims. This article is a normative economic analysis on the basis of secondary data, this study found that the potential for raising ZISWAF funds across several countries is very large especially in countries with many immigrants from Indonesia through international types of fintech services such as remittances and payments that has allowed or collaborated with Bank Indonesia.

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