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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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The Legal Impact and Relevance of Using Plea Bargains to Resolve Tax Disputes in Nigeria Aidonojie, Paul Atagamen
Brawijaya Law Journal Vol. 9 No. 2 (2022): Energy and Environmental Law
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2022.009.02.06

Abstract

Governments use taxes to generate the revenue needed to provide basic facilities for society. However, taxpayers may evade tax liabilities or default, compelling tax authorities to resort to quasi-criminal litigation to recover taxes. Evidently, the process involved in prosecuting tax defaulters or recovering tax liabilities as provided for in the Personal Income Tax Act of Nigeria and as observed in a plethora of cases is often strenuous, cumbersome, and bureaucratic. Furthermore, the process is slow, and is unfriendly to taxpayers; hence, plea bargains are needed in prosecuting tax cases involving tax liabilities. In this study, online questionnaires were sent to 321 respondents (randomly selected) residing within the federal republic of Nigeria to ascertain the utility and favorability of using plea bargains to resolve liabilities. Descriptive and analytical statistics were used to analyze the collected data. The study found that plea bargains are viable prosecutorial tools for resolving tax offenses or recovering tax liabilities. Therefore, this study recommends using plea bargains owing to its speed in resolving tax offenses or recovering tax liabilities and its less bureaucratic and more amicable nature compared to quasi-criminal litigation.
Punishment Policy for Perpetrators of the Criminal Offenses of Accepting and Giving Bribes in the Republic of Kosovo Hajdari, Azem; Hajdari, Albulena; Jupolli, Bashkim
Brawijaya Law Journal Vol. 9 No. 2 (2022): Energy and Environmental Law
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2022.009.02.07

Abstract

This study examines the criminal offense of accepting and giving bribes as one of the oldest manifestations of corruption, which continues to be a critical issue even today. Furthermore, at a time when public opinion and perception of corruption in Kosovo are considered significant, this study aims to reflect the presence of these two criminal acts, reveal the fact that one of these offenses dominates, reveal the profiles of those convicted, and determine what punishment policy has been applied by courts. In addition, this study attempts to demonstrate the significant defiance, irregularities, and uncertainties that accompany prosecuting and adjudicating those who commit these types of offenses. This study has theoretical and practical implications as it addresses issues that, in various ways, are not adequately addressed in Kosovo and may perhaps go beyond Kosovo.
Legal Protection of Forest Customary Rights in Land Procurement from the Mineral Mining Industry Istijab, Istijab; Safa’at, Rachmad; Permadi, Iwan; Koeswahyono, Imam
Brawijaya Law Journal Vol. 9 No. 2 (2022): Energy and Environmental Law
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2022.009.02.04

Abstract

This research aims to determine if legal protection is available for the use of forests, which are the customary rights of Adat and Indigenous Community from the mineral mining sector, which demands the use of extremely large territories. Fulfillment the utilizes state-controlled forest land, including protected forests, and industrial forests could be challenges. By considering environmental sustainability, legal protection ensures sustainable growth. To legally maintain customary forest rights, this study employs normative-juridical research utilizing primary and secondary legal sources about the acquisition of land for the mining sector, particularly for mineral mining. Agrarian, forestry, mining, and environmental protection and preservation legislation and decisions of the Constitutional Court of Indonesia on mining are examples of authoritative primary legal texts. All legal publications—including books, dictionaries, journals, and comments on court judgments—are considered secondary legal sources. This study finds that the legal protection of Adat and Indigenous Community’s customary forest rights over the availability of land for mining firms must be profitable, prosperous, and fair for Adat and Indigenous Community members. Adat and Indigenous Community are community associations that live and grow happily together in a hereditary region based on ancestry and similarity of habitation. Forest use for this purpose requires a Borrowing and Use Permit, which must include criteria for periodic, quantitative, and transparent environmental management, and preservation.
Looking Beyond the Constitution: Legislative Efforts toward Environmental Rights in Nigeria: A Review of Some Salient Legislations Umukoro, Brown
Brawijaya Law Journal Vol. 9 No. 2 (2022): Energy and Environmental Law
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2022.009.02.03

Abstract

The search light for environmental rights in Nigeria has been focused on the Constitution of the Federal Republic of Nigeria 1999 (as amended) with occasional references to case laws, which are limited and unprogressive on the subject. Most reviews of relevant legislations on the environment have been centered on themes such as environmental protection, environmental degradation, and damage arising from pollution. Apart from studies on whether the Constitution guarantees any right to clean environment, inquiries are hardly directed at the provisions of other statutes and policies on the environment on the extent to which they support environmental rights. This paper is a review of some salient legislations on environmental protection with a view to establish legislative authority for the right to clean and a healthy and sustainable environment in Nigeria. There exists a notable legislative platform on which one may insist on the right to clean environment in Nigeria notwithstanding the constitutional constraints on the enforcement of the duty of the Government to protect and improve the environment.
Legal Framework for Sustainable Conservation of Fishery Resources in the Marine Environment of Nigeria Moses-Oke, Roseline; Erhun, Mercy
Brawijaya Law Journal Vol. 9 No. 2 (2022): Energy and Environmental Law
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2022.009.02.02

Abstract

It is impossible to overstate the value of effective fisheries sector management in a society like Nigeria. This will guarantee enough food at affordable prices and a source of social and economic advancement for the populace. Living ocean resources are in danger of becoming extinct due to the high harvesting rates. Over time, the legal measures enacted to safeguard the maritime environment and actions taken by the institutions tasked with upholding them have been shown to be insufficient and ineffectual. In this study, the management of fisheries and marine life resources and the difficulties it faces was evaluated using both primary and secondary sources of information. This was geared toward creating a framework that guarantees the sustainable conservation of marine living resources in Nigeria, particularly fisheries. According to the study, fisheries must be conserved if they are to remain productive for a very long time. It describes the opportunities and difficulties facing the Nigerian fishing regime and suggests ways to achieve long-term preservation of the fishery resources in the Nigerian marine environment.
INTERNATIONALLY LEGAL MEASURES TO COMBAT TERRORIST FINANCING Yuniarti Yuniarti
Brawijaya Law Journal : Journal of Legal Studies Vol. 1 No. 1 (2014): Legal and Development
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2014.001.01.04

Abstract

Following the terrorist attacks in the USA on September 11th, 2001, it was discovered that money laundering was a significant source of finance for terrorists. Although, the amount of money that involve is not as involve as in drug and gun trafficking, terrorist financing had been the most important substance to be monitor. Further, various legal measures have been taken internationally in order to combat terrorist financing. This research analyses the legal measures that have been taken internationally and at EU level to combat terrorist financing.
SUSTAINABLE DEVELOPMENT IN MALAYSIA: THE WAY FORWARD AND CHALLENGES IN THE MODERN ERA Salawati Mat Basir
Brawijaya Law Journal : Journal of Legal Studies Vol. 1 No. 1 (2014): Legal and Development
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2014.001.01.01

Abstract

The 1992 United Nations Conference on Environment and Development or “Earth Summit” that was held in Rio de Janeiro, Brazil had established Agenda 21 which contain the blueprint for sustainability in the 21st century. Malaysia, in achieving the 21 Agenda had formulated initiatives and efforts to achieve the objective of sustainable development in all aspects, particularly social, economy and environment. This research analysed steps and efforts taken by government to achieve target of Vision 2020 to be a fully developed nation in terms of economy, social justice, political stability, quality of life and social values. Other than that, this research analysed the challenges and dilemma faced by Malaysia that can hinder Malaysia to achieve the sustainable development holistically and recommendations to overcome this challenges and dilemma.
THE PROTECTION OF PECALANG AS A SECURITY AT CONFERENCES (BETWEEN FUNCTIONS IN THE CUSTOMARY VILLAGE AND AS AN EMPLOYEE) I Wayan Gde Wiryawan
Brawijaya Law Journal : Journal of Legal Studies Vol. 1 No. 1 (2014): Legal and Development
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2014.001.01.05

Abstract

Pecalang is a unit of traditional security officers in Bali, who have the authority to maintain the order and security in the region of customary village. This research is normative legal research. Legal materials derived from primary legal materials, secondary legal materials, and tertiary legal materials. Pecalang as an instrument for securing the customary village is the unity of the traditional safeguards of every customary village in Bali in charge of maintaining the order in their village. The existence of the pecalang in securing the conference is a requirement of the event organizer. Pecalang as a non-permanent employee in securing the conference employed only in a specified period that is prior to and during the conference. As non-permanent employees then pecalang are entitled to protection.
NATURAL DISASTER AS THE REASON TO WRITING OFF BANKING CREDIT IN INDONESIA Rudy Haposan Siahaan
Brawijaya Law Journal : Journal of Legal Studies Vol. 1 No. 1 (2014): Legal and Development
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2014.001.01.02

Abstract

Non-performing loans is a credit risk in the banking business. One of them is due to natural disasters and this is a force majeure where the presence of unexpected events that occurred outside the fault of the debtor after entering into the agreement, these events preclude the debtor from fulfilling his achievements before debtor is declared to be negligent and therefore the debtor cannot be blamed and do not bear the risk for such events. Natural disasters are included in clause of force majeure. It must be explained the definition and criteria in the loan agreement in detail, as this brings the law result to writing off the debt (liabilities) to the creditor (Bank). The writing off bank credit as a result of natural disasters can be performed with the following reasons: a) The natural disaster was declared as a national disaster by the government's decision, b) Debtor bank including in the criteria that is directly affected by the disaster, and c) the obligation of reserving from the bank over loans given to debtor in the form of Loan Loss Provision (LLP). In addition to it, in practice, the non-legal factors settlement produce a new model law, therefore the writing off the non-performing due to natural disasters need strong legal basis within the framework of the legal system in the banking regulation in the form of legislation so that the force majeure clause of the Banking Credit Agreement has a binding force power.
COUNTER-TERRORISM IN INDONESIA Meliala, Jordan Sebastian
Brawijaya Law Journal Vol. 2 No. 1 (S) (2015): Contemporary Issues in South-East Asia Countries
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2015.002.01.05

Abstract

Since the incident of World Trade Center (WTC) in USA, Indonesia has become an easy target for the next terrorism. Counterterrorist campaigns can be undertaken by military and paramilitary forces. Counterterrorism refers to proactive policies that specifically seek to eliminate terrorist environments and groups, Regardless of which policy is selected, the ultimate goal of counterterrorism is clear: to save lives by proactively preventing or decreasing the number of terrorist attacks. But, so far the Government of Indonesia is only able to capture the terrorists but is unable to eradicate terrorism. Therefore, the government of Indonesia still needs a comprehensive ways to counter terrorism in Indonesia

Page 15 of 29 | Total Record : 282

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