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INDONESIA
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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CORPORATE SOCIAL RESPONSIBILITY IN INTERNATIONAL ECONOMIC LAW PERSPECTIVE Juarsa, Nyoman Indra; Persian, Yanuarda Yudo
Brawijaya Law Journal Vol. 2 No. 2 (2015): Law and Globalization
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2015.002.02.05

Abstract

Multinational Corporation/MNC has a significant role to play in promoting sustainable development and alleviating global poverty. As a subject of International Economic Law, MNC has the rights to take profit from its business activities. In addition, it also has responsibility to protect sustainable environment through CSR program. This paper focuses on what more specific instrument sets CSR in international economic law, and how CSR can be implemented by the MNC. International (public) law has been providing instruments to regulate MNC activities related to CSR, those are: OECD Guidelines, ILO Declaration and UN Global Compact. However, they are only 'soft laws' that still require more specific instrument to be implemented. As a continuation of the general rules of public international CSR Instruments, the World Bank Group through the IFC and MIGA sets standard performances that must be met by every corporation that will get finance (IFC) or guarantee (MIGA). Standard Performances are described further in the environmental, health and safety guidelines that are essential for every company to provide protection to stakeholders related to business activities including workers, communities, and environment. As the method of evaluation and enforcement, IFC and MIGA have institution namely Compliance Advisor Ombudsman serving to receive reports from the public, investigate and provide notification to the company activities that negatively affect the society. Ultimately CSR is not only seen as philanthropy (mandatory) but also as guidelines and a code of conduct to be followed by the corporation in carrying out any business.
A COMPARATIVE STUDY OF THE LEGAL FRAMEWORKS FACILITATING INDIGENOUS LAND MANAGEMENT IN POSTCOLONIAL SOCIETIES: INDIGENOUS AUSTRALIA AND INDONESIAN ADAT LAW Boag, Carly May
Brawijaya Law Journal Vol. 3 No. 2 (2016): Contemporary Indigenous and Constitutional Issues: Transnational Perspective
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2016.003.02.03

Abstract

Indigenous Land Management (ILM) encompasses traditional philosophies and practices of Indigenous people with contemporary scientific techniques to help improve the management and conservation of ecosystems. An effective legal framework for ILM promotes environmental justice by "protecting and fulfilling of human rights through legal empowerment of people"[1] through meaningful participation in environmental decision making from a regional to an international scale, acknowledgment of cultural differences and the equal distribution of environmental benefits[2]. Both Indonesia and Australia were colonised by European powers with devastating effects on the Indigenous people. Since the 1980's there has been increasing international attention surrounding the lack of environmental justice accessible to Indigenous peoples around the world. Regional, national and international legal frameworks are in place in both Australia and Indonesia to promote globally recognised concepts of ILM, however there is a need for more cohesive and integrated approach at all levels of environmental governance. Although there are historical, cultural and economic differences between Australia and Indonesia as well as different legal ideologies, a comparative study of the different legal frameworks surrounding ILM will provide an insight into the benefits and limitations of divergent policy strategies and the best way forward for Indigenous peoples in the Asian-Pacific region.
TRANSNATIONAL ORGANISED CRIME IN INDONESIA: THE NEED FOR INTERNATIONAL COOPERATION Mitchell, James N
Brawijaya Law Journal Vol. 3 No. 2 (2016): Contemporary Indigenous and Constitutional Issues: Transnational Perspective
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2016.003.02.05

Abstract

This article examines the growing infuence of transnational organised crime on the nations of South East Asia. Human trafficking, maritime piracy, terrorism and wildlife trafficking are major transnational crimes that cause significant harm to both individuals and national economies. This article examines the continuing domestic and international legislative, law enforcement and policy efforts of South East Asian nations to address transnational organised crime. it is concluded that to effectively counter transnational organised crime there is a need to employ international cooperation that is focused on addressing the unique factors of each crime.
ERROR: ESSAY NOT FOUND COMPARING CENSORSHIP IN CHINA AND SOUTH KOREA Nguyen, Quynh-Dan
Brawijaya Law Journal Vol. 3 No. 1 (2016): Law and Human Rights Issues
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2016.00301.02

Abstract

Increasing use of Internet all over the world has made world's communication borderless. While such condition might benefited most people, however, it invites greater risks of misinformation and opportunities for detrimental self-expression. State's control has various degree of manners in controlling a massive flow of information. This paper will examine the current methods of internet control utilized by the governments of China and Korea, and analyze the extent to which these respective regimes impinge on the human right to freedom of opinion and expression. It begins with an overview on the international standards for freedom of expression, and the limited permissible restrictions upon the right. Furthermore, the examination of the existing legislation and regimes implemented in China and Korea, respectively, and a comparison of features such as legal grounds and practical effectiveness will be undertaken. Finally, it will discuss whether the censorship regimes implemented in China and Korea constitute legitimate restrictions upon, or impermissibly violate, the right to freedom of expression.
FREEDOM OF SPEECH IN INDONESIAN PRESS: INTERNATIONAL HUMAN RIGHTS PERSPECTIVE Staples, Clara
Brawijaya Law Journal Vol. 3 No. 1 (2016): Law and Human Rights Issues
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2016.00301.03

Abstract

This paper will firstly examine the international framework of human rights law and its guidelines for safeguarding the right to freedom of speech in the press. Secondly, it will describe the constitutional and other legal rights protecting freedom of speech in Indonesia and assess their compatibility with the right to freedom of speech under the international human rights law framework. Thirdly it will consider the impact of Indonesia's constitutional law and criminal and civil law, including sedition and defamation laws, and finally media ownership, on the interpretation and scope of the right to freedom of speech in the press. Consideration of these laws will be integrated with a discussion of judicial processes. This discussion will be used to determine how and in what circumstances the constitutional right to freedom of speech in the press may be facilitated or enabled, or on the other hand, limited, overridden or curtailed in Indonesia. Conclusions will then be drawn regarding the strengths and weaknesses of Indonesian laws in safeguarding the right to freedom of speech in the press and the democratic implications from an international human rights perspective. This inquiry will be restricted to Indonesian laws in existence during the post-New Order period of 1998 to the present, and to the information and analysis provided by English-language sources.
INDONESIAN LAW REFORM AND THE PROMOTION OF JUSTICE: AN ANALYSIS OF LAW REFORM IN THE POST-SOEHARTO PERIOD McGuire, Hannah
Brawijaya Law Journal Vol. 3 No. 1 (2016): Law and Human Rights Issues
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2016.00301.04

Abstract

This paper focused on law reform in Indonesia post-Soeharto period. It analyses whether the promotion of justice has been conducted. It aims to analyse whether the law reform during the reign of B.J. Habibie impeded on the promotion of justice. This paper takes the position that the promotion of justice was absent during Soeharto's presidency, and through an analysis of five law reforms introduced after his downfall - No. 2 of 1999 on Political Parties, No. 3 of 1999 on General Elections, No. 28 of 1999 on Corruption, Collusion and Nepotism, No. 31 of 1999 on the Eradication of Corruption and No. 39 of 1999 on Human Rights. It is argued that that the laws introduced during the Post-Soeharto era did not see to the complete promotion of justice.
CAPITAL PUNISHMENT IN THE PERPECTIVE OF NON DEROGABLE RIGHTS Noerdajasakti, Setiawan
Brawijaya Law Journal Vol. 3 No. 1 (2016): Law and Human Rights Issues
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2016.00301.01

Abstract

Capital punishment is still exist as one of kind punishments in Indonesia. The existence of capital punishment is based on the Penal Code and other laws. On the other hand, however, according to Constitution 1945, MPR Decree Number XVII/MPR/1988 on Human Rights and Law Number 39 / 1999 on Human Rights, the right to live cannot be limited under any circumstances (non derogable). Capital punishment and the right to live as the right that cannot be limited under any circumstances (non derogable) are contradictive. This contradiction results a conflict of norm between legislations that legalize the existence of capital punishment and legislations that legalize the existence of the right to live. Solutions should be resulted to solve the conflict of norms.
THE ROLE OF THE VILLAGE IN FOREST MANAGEMENT: HUMAN RIGHTS PERSPECTIVES Rif'an, Mohamad; Setiawan, Hary; Wisnuaji, Adam
Brawijaya Law Journal Vol. 3 No. 1 (2016): Law and Human Rights Issues
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

1945 opening noble nation Indonesia is an agreement to live together (modus vivendi) in bonding the plural nation. The Modus Vivendi, has given birth to the state's objective, which is the nation's identity and guidelines in their stride. Thus, the constitution has mandated the State to be responsible for the welfare of the people. Indonesia has the second largest tropical forest in the world with high economic value that can be managed by the state and society. This allows for the utilization of various types of plants and economic aspects of the utilization of forest products. In preparation result is a pity forests is not optimal either with intensive and with many requests deforestation or forest land conversion. Deforestation well planned and unplanned forest. On the other hand, Indonesia which acknowledges the existence of the village government and the empowerment of the rural community empowerment which is a process for making the community to improve the quality of life for the better is weak then the need for the existence of the role of government in the village of Village forest management as one of the rights of the villagers. The type of research is normative juridical. Hence this paper initiated a grand design Village forest management to complete the processing and utilization of forest products that are integrated with the role of the village government as a system intended to pengoptimalam supply chain production as one of the important indicators of development and resilience of economies in each region using variable results income forests as principal.
THE AUTHORITY OF VILLAGE GOVERNMENT IN AFFIRMING BORDER MANAGEMENT (CASE STUDY OF GALANG ISLAND DISPUTE) Yulianti, Rina; Permadi, Iwan
Brawijaya Law Journal Vol. 3 No. 2 (2016): Contemporary Indigenous and Constitutional Issues: Transnational Perspective
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2016.003.02.02

Abstract

Border Disputes related to territorial management between local Governments dominate the ongoing cases within the Ministry of Internal Affairs in Indonesia. This study aims to propose a model of a policy of border Disputes resolution using non-doctrinal legal research (socio-legal research). This research limited itself by looking at Galang Island, the which is disputed between the city of Gresik and Surabaya. To gain Appropriate analyzes, in depth interviews and secondary of data was conducted and collected both in Gresik and Surabaya. Furthermore, this research finds that the reason underpinned such Disputes lays on the weaknesses of village government in the territorial management proofing Formally they have been doing. It is submitted that in forming and affirming border delimitation, Indonesian Act Number 6 year 2014 on Village jo Ministry of Internal Affairs Regulation number 114 year 2014 can used as legal base.
ROHINGYA MINORITY IN MYANMAR BETWEEN THE RELIGIOUS PERSECUTION AND THE REALITY OF CONSTITUTIONAL PROTECTION. Driss, Bakhouya
Brawijaya Law Journal Vol. 3 No. 2 (2016): Contemporary Indigenous and Constitutional Issues: Transnational Perspective
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2016.003.02.07

Abstract

The government's performance in the State of Myanmar raises questions about the reality of its position on what is happening to the range of its citizens who are Muslims Alrohengjian, it bear full responsibility for the protection and preservation of their rights. Despite the government's signing of Myanmar on the international agreements and conventions on human rights, despite its stated commitment to the protection of human rights and the promotion of democracy and the rule of law; the government has not taken any real action to protect the Rohingyas and address violence or stop racist policy of ethnic cleansing, which govern the Muslims of Rohingya by Buddhist extremists. We will discuss in this paper what is really happening to the Muslims Alrohengjian in Myanmar, especially in the recent wave of persecution and ethnic cleansing against them, and we are exposed to historical backgrounds of these crimes and the role of internal constitutional provisions and the provisions of international conventions on the protection of this vulnerable minority.

Page 17 of 29 | Total Record : 282

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