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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 287 Documents
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Developing Anti Domestic Violence Policy during Covid 19 Pandemic in Indonesia Purwanti, Ani; Setiawan, Fajar 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.2020.007.02.07

Abstract

COVID-19 (a new strain of corona virus) has been declared a global pandemic. In Indonesia, The measures announced over the past few months have drastically changed people's daily lives. However, there are negative, unintended consequences. As the virus continues to spread around the world, it brings many new stresses, including physical and psychological health risks, isolation and loneliness, the closure of many schools and businesses, economic vulnerability, and job loss. Through all of this, children and their mothers are very vulnerable (End Violence against Children, 2020) to the risk of domestic violence. Currently, Covid-19 is a serious threat to the human population on earth because even though it has a health security dimension, it has an impact on other security dimensions. This research concluded that the domestic violence, in gender mainstreamed legal studies, can be included as a threat to human security (human security) which is exacerbated by the pandemic. In the context of policy, Covid-19 requires the participation of various national and cross-country actors, countries and state actors in efforts to resolve it. In that category, the state needs to work with various non-state actors to eradicate domestic violence.
Quo Vadis Legal Protection for Children Recruited as Child Soldiers in Areas of Armed Conflict in the Context of International Law Suryokumoro, Herman; Ikaningtyas, Ikaningtyas; Muafi, Mochamad
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.2020.007.02.08

Abstract

The objective of this research is to analyze legal protection of children who become child soldiers in areas experiencing armed conflict. Various international legal instruments that regulate the prevention, protection, and even enforcement for violators of certain international legal instruments on the recruitment of children as child soldiers have actually not been able to reduce the number of children who become victims in armed conflict, particularly those who are directly involved as child soldiers. This is because normatively, there are still some problems on the uniformity of definition of children age as well as the classic problem of the binding power of all related international legal instruments, being whether or not they create compulsory obligation. Legal protection for children who are recruited as child soldiers must be implemented because in the perspective of human rights, the right of children to live safely and comfortably for their proper growth and development is a fundamental right that must be complied by all states (ius cogens). If a state does not grant protection, and even allows children to be directly involved in armed conflict, then international legal sanctions may be imposed.
Iran’s Responsibility for the MV Mercer Street Attack under International Law Gunawan, Yordan; Anggoro Wati, Elvita; Corral, Eva Ferrer
Brawijaya Law Journal Vol. 10 No. 1 (2023): The Discourse of Civil and Political Rights in Theory and Practice
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2023.010.01.05

Abstract

The use of new technological developments in warfare, such as unmanned aerial vehicles (UAVs or drones), has become a threat to international law due to the infliction of unnecessary suffering and injuries. In late July 2021, the MV Mercer Street, managed by Israeli-owned Zodiac Maritime, was attacked by three one-way drones while transiting on the high seas of Oman. In such a situation, international peace and security are threatened. Based on an investigation by U.S. Central Command (CENTCOM) and all evidence available, the Group of Seven (G7) foreign ministers pointed to Iran as the state responsible for the attack. This conclusion was based on the fact that the vertical fin was identical to those seen on an Iranian-designed and manufactured one-way attack “kamikaze” UAV series. The investigations stated that Iran was actively involved. However, Iran rejected any responsibility for the attack. What is Iran’s responsibility for the MV Mercer Street incident from an international legal perspective? The research aims to determine the international legal perspective on the use of armed force. The study is normative legal research, in which the data are collected through a statutory approach and case approach. The result of the study shows Iran's responsibility is necessary for using armed drones as an advantage of new technologies that do not consider the principles of necessity and proportionality in armed conflict. Furthermore, the research provides an understanding of Iran's responsibility under international law regarding using armed forces against other states.
Reformulation of Contractus Sui Generis Wage Arrangement of Work Agreements after the Covid-19 Pandemic Harianto, Aries
Brawijaya Law Journal Vol. 10 No. 1 (2023): The Discourse of Civil and Political Rights in Theory and Practice
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2023.010.01.01

Abstract

Number of companies stopped operations due to Covid-19 Pandemic. Income losses and work termination could not be avoided. The 2023 district minimum wages have been established by the Governor. Workers are benefited from wage increase which is almost 10 (ten) percent. On the other hand, the increase burdens the employers. The Regulation on wage payment does not provide a solution to the problems of remuneration during the Covid-19 pandemic. However, the legal effort to postpone wage payments due to the inability to pay has been removed by the legislation. Hence, wage regulation reformulation is required. This research aims to examine the legal issues of wage regulations to provide a solution to this issue that guarantees the continuity of business operations by providing legal protections for workers. This is a normative juridical research with various approaches according to legal research principles, including the statutory approach, concept approach, case approach, and comparative approach. The study first conducts a normative analysis to resolve remuneration problems. Second, it reformulates the concept of Contractus Sui Generis from a work agreement to an agreement between laborers and entrepreneurs. Third, it assesses the concept of Contractus Sui Generis as the correct arrangement in the field of remuneration. The conclusion and the legal solution to the wage payment problem is to urge the government to facilitate an employment agreement through which Contractus Suie Generis regulates labor wages after the pandemic.
Citizen Compensation for Poor Public Service Delivery: A Civil Rights Perspective Laode, Rudita
Brawijaya Law Journal Vol. 10 No. 1 (2023): The Discourse of Civil and Political Rights in Theory and Practice
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2023.010.01.02

Abstract

Enforcement of civil rights in obtaining proper services is a problem that arises in both the public and private sectors. It requires the readiness of service organizers to provide service standards that are stipulated in the Law. One of the problems that today has not been resolved is the provision of compensation to the citizens due to the non-fulfillment of service standards. This research was carried out to answer the question of what impact is caused by the absence of a public service compensation mechanism, and what kind of public service compensation mechanism is appropriate. This research is normative legal research, conducted using a statutory approach and analytical approach. The conclusion is Public Services Law amendment and the enactment of the Presidential Decree concerning public service compensation mechanism is urgent to ensure legal certainty for the citizens in obtaining proper public services.
Expanding the Limitations of the Protection and Processing of Children’s Personal Data: An Overview of Current Regulations, Challenges, and Recommendations Sihabudin, Sihabudin
Brawijaya Law Journal Vol. 10 No. 1 (2023): The Discourse of Civil and Political Rights in Theory and Practice
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2023.010.01.04

Abstract

Protection of personal data in the digital era is increasingly becoming a challenge, especially in protecting children's data. Children who easily access social media and do not fully understand the dangers of spreading personal data will become easy targets for criminals. Moreover, now parents also often either intentionally or unintentionally share children's data on social media. This study evaluates the urgency of implementing specific protection for children’s personal data and identifies the limitations of the current regulations regarding the protection and processing of these data. Additionally, we highlight the inadequacy of protection for children’s personal data in Indonesia’s laws. This study proposes an expanded limitation to protect and process children’s personal data. The legal method in this study adopts a descriptive analytical approach using normative doctrinal methods and employs statute and comparative approaches with General Data Protection Regulation and Children’s Online Privacy Protection Act of 1998 in order to address the issue regarding personal data protection for children. The study concludes with a recommendation to amend the Personal Data Protection Law No. 27/2002 and promotes the protection for children’s data privacy.
Modern Justice: Indonesia’s Supreme Court’s Challenges to Uphold Fair Trial Principles Through Digitalization Sibarani, William Edward
Brawijaya Law Journal Vol. 10 No. 1 (2023): The Discourse of Civil and Political Rights in Theory and Practice
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2023.010.01.07

Abstract

As we have seen, it is essential to widen digitization in order to bestow better access to public information contained in Indonesian courts for a variety of purposes. Court modernization through digitization benefits not only the judges but also both attorneys and litigants. To this end, Indonesia’s Supreme Court has progressed above and beyond to embody the principle of equality before the law by integrating technological development into the judicial process with. In fact, qualified policies do not always govern the implementation of technology, resulting in discrepancies between policy and implementation. Using a statutory, case, and historical approach, these article will assess whether it is reasonable and efficient to adopt this technology in Indonesian courts. Qualified implementing regulations and tiered socialization have not been utilized in the judicial context to support law enforcement’s readiness to carry out the judicial process electronically. This article further addresses the safety of personal and judicial data, and the security of electronic court proceedings, bearing in mind that applications of information technology should be considerate of the community’s need for access to justice as well as the court’s interests in preserving its authority. Nonetheless, given that technology has already been implemented to enhance access, a variety of actions aimed at bolstering both policy issuance and reforming the technological infrastructure will encourage the court to conduct trials in a safe and sound manner.
Information and Communication Technologies and the Right to Informational Privacy in Health Care: A Comprehensive Analysis Nandu Sam Jose
Brawijaya Law Journal Vol. 10 No. 1 (2023): The Discourse of Civil and Political Rights in Theory and Practice
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2023.010.01.03

Abstract

The rapid integration of information and communication technologies (ICTs) into the healthcare field has led to significant advancements, including the development of electronic health records, telemedicine, big data analytics, and artificial intelligence. These technologies have revolutionized medical care by improving accessibility, enhancing quality, and facilitating personalized treatments. However, with these advancements, the issue of health information privacy has become increasingly prominent. This article examines the interplay between ICTs and the right to informational privacy in the healthcare field. More specifically, it explores the core principles of informational privacy by outlining its legal and ethical facets while also underscoring the importance of maintaining the confidentiality and security of personal health information (PHI). The essay also examines the challenges threatening informational privacy—including data breaches, inadequate regulatory frameworks, and ethical dilemmas surrounding big data and AI. Simultaneously, the article identifies opportunities for enhancing privacy protections, including introducing technological innovations, and strengthening legal and regulatory frameworks. The piece also offers practical recommendations for various stakeholders—such as policymakers, healthcare providers, and individuals—for ensuring the protection of PHI. In conclusion, this article emphasizes the importance of striking a delicate balance between leveraging the benefits of ICTs and protecting informational privacy, which is a prerequisite for fostering a resilient, equitable, and patient-centered healthcare system.
Satellite Mega Constellations: Conflict between Freedom of Exploration and Unsustainable Outer Space Activities Putro, Yaries Mahardika; Andriani, Popy; Salsabila, Gusti; Al Asyari, Haekal
Brawijaya Law Journal Vol. 10 No. 1 (2023): The Discourse of Civil and Political Rights in Theory and Practice
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2023.010.01.06

Abstract

In the era of space commercialization, the State is no longer the sole actor in international space activities; private companies such as SpaceX and OneWeb are now playing huge roles in these endeavors. The Mega constellation of satellites is devised by these private companies to provide low‐cost and low‐latency internet services to remote areas. This large-scale deployment is a network of a large number of satellites. Even though this connectivity venture is guaranteed under the freedom of exploration principle of the law of outer space, it is potentially hazardous in terms of problems connected with the accumulation of space debris and interference with astronomy research. Additionally, the legal vacuum concerning these issues is an area of great concern. This research has employed normative juridical research methods along with statutory and conceptual approaches. This study will examine the limits and scope of the principle of freedom of exploration and assess the urgency of ensuring the sustainability of mega constellation satellite projects. Through these examinations, the research aims to present the case for a robust space governance as a part of sustainable development practices.
Third World Approaches to International Law and Eurocentrism: Deconstruction-Reconstruction Urgency in International Legal Pedagogy Susanto, Stephanie Kristina; Tiffany Linda Rosemarry; Haekal Al Asyari
Brawijaya Law Journal Vol. 10 No. 2 (2023): Current Challenges, Developments and Events in The International Law
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2023.010.02.04

Abstract

The field of higher education pedagogy rarely explores the intricate relationship between international law and its teaching. As a branch of law rich in theoretical and doctrinal values, international law should not escape criticism and critical approaches. So far, most of the teachings of international law rely on Western or Eurocentric approaches and thinking. This research uses a normative-empirical method to study the international legal pedagogy of law students in Indonesia and examine the impact of Eurocentric legal pedagogy on students. The findings indicate that Eurocentric teaching has resulted in students possessing narrow critical thinking on international law. As an alternative, the Third World Approach to International Law (TWAIL) can be an effective approach to foster inclusive critical thinking in the teaching of international law.

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