Brawijaya Law Journal : Journal of Legal Studies
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
Articles
282 Documents
<![CDATA[Law’s Silence on Cyberbullying to Children in Indonesia ]]>
<![CDATA[Putra, Eka Nugraha]]>
<![CDATA[ Brawijaya Law Journal Vol. 11 No. 1 (2024): Economic Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Brawijaya ]]>
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DOI: 10.21776/ub.blj.2024.011.01.07
<![CDATA[With the advancement of the Internet, cyberbullying is fast emerging as a significant issue and a new form of violence in Indonesia. Additionally, whether the Internet has become a catalyst for conventional bullying is a critical question that must be addressed. In Indonesia, cyberbullying is now recognized as an imminent concern with regard to juvenile behaviour and development outcomes. The Indonesian legal system, however, has no direct legislation on cyberbullying. The existing laws on juvenile crimes and online offenses do not adequately address specific concerns raised by cyberbullying. This article explores the correlation between high exposure to violent content over the Internet and the recent increase in violence among children in Indonesia. The effect of cyberbullying victimization and its potential to create perpetrators of bullying has been explored within the context of the inadequacy of the current Indonesian legal system’s response to online harassment, particularly the lack of adequate laws against cyberbullying.]]>
<![CDATA[ASEAN Centered Regional Architecture in Managing Sustainable Investment Under the RCEP ]]>
<![CDATA[Koesrianti]]>
<![CDATA[ Brawijaya Law Journal Vol. 11 No. 1 (2024): Economic Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Brawijaya ]]>
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DOI: 10.21776/ub.blj.2024.011.01.02
<![CDATA[Regional Comprehensive Economic Partnership (RCEP) that consist of 15 Asian member countries established in 2021 which to achieve a trade liberalization in the region. The Asian countries have been recognized as the motor of global regionalism and have heightened the Asian region become the center of global economy. This article aims to examine the provisions of RCEP on trade in investment whether it supports sustainability of investment in the region. The region will become a seamlessly market as the region is a market with free flow of goods, services, and investment. While the result of the Pact has not identified yet, this agreement constitutes as a significant effort of ASEAN as one entity, taking the lead of the implementation RCEP, in this current legal regime to gain leverage over its dialogue trade partners. In light of this, the current article’s objective is to observe and evaluate the overall role of ten ASEAN Member States (AMS) which work together to collectively in advancing their part in RCEP by comparing RCEP with International Partnership Economic Framework (IPEF). This study is multidisciplinary research using collected research materials include data and information that have been analyzed from legal and economic perspectives using qualitative descriptive method and found that RCEP investment provisions are utilized to support, realize and attain the ASEAN’ grand strategy to achieve and maintains sustainability of investment in this new Asian regionalism.]]>
<![CDATA[Strengthening Indonesia’s Strategic Trade Management Regulation Against Proliferation of Weapons of Mass Destruction ]]>
<![CDATA[Purnama, Hadi Rahmat]]>;
<![CDATA[Permana, Rizky Banyualam]]>;
<![CDATA[Afriansyah, Arie]]>
<![CDATA[ Brawijaya Law Journal Vol. 11 No. 1 (2024): Economic Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Brawijaya ]]>
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DOI: 10.21776/ub.blj.2024.011.01.01
<![CDATA[International law governing the control of WMD proliferation cannot solely focus on state actors but must also include non-state actors. To address the risks and combat the proliferation of WMD by non-state actors through the ordinary course of trade, the UNSC issued Resolution 1540, which contains the obligation to adopt domestic policies to prevent WMD proliferation. Indonesia has a legal obligation to comply with and implement this resolution under international law. This paper discusses the need assessment for Indonesia to enact a solid regulatory framework to implement Strategic Trade Management (STM). This paper questions how STM regulations are governed in the Indonesian context presently and how they should be regulated better to accommodate contemporary dynamics. This study is a legal and policy study involving literature review or desk research. Literature review involves gathering data and information such as literary texts, policy papers, legislative regulations, and other relevant documents. This study finds that even though Indonesia had already implemented some form of STM policy through export-import control and restriction (larangan dan pembatasan), it still left out the gap in properly regulating dual-use goods. Strategic goods regulation in Indonesian legislation is not intended in the context of dual-use goods, as export/import restrictions are designed to enhance Indonesia’s product competitiveness and market expansion, both domestically and internationally, increase the capabilities of exporters/importers, and enhance national product development and innovation. Implementation of STM policy One of the objectives that can be achieved is maintaining national security, especially in providing a sense of security for the Indonesian people and businesses. Implementing STM will also benefit businesses by reducing the risk of financial losses, such as being involved in export/import transactions prohibited by other countries or even by Indonesia. Moreover, by implementing STM, it is not unlikely that investment from countries with high technology will increase.]]>
<![CDATA[Functionalization of the Village Head as Customary Leader in the Social Field in South Sumatra ]]>
<![CDATA[Abdullah, Abdullah]]>;
<![CDATA[Hasan, KN. Sofyan]]>;
<![CDATA[Rumesten, Iza]]>;
<![CDATA[Pasyah, Taroman]]>
<![CDATA[ Brawijaya Law Journal Vol. 7 No. 1 (2020): Contitutional Issues: Economic, Social and Cultural Rights ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Brawijaya ]]>
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DOI: 10.21776/ub.blj.2020.007.01.04
<![CDATA[The presence of the New Order government has brought about changes in the lowest level of government, which fairly basic leads to some institutional unification and uniformity. This has resulted in the loss of legal community units in Indonesia. The loss of indigenous community units began with the beginning of Law Number 5 of 1979 on Village Governance as a follow-up to the birth of Law Number 5 of 1974 on the Principles of Government in the Regions. Correspondingly, in South Sumatra, the lowest institutional governance tool, which is also a territorial indigenous community unit called Marga was abolished through the Decree of the Governor of South Sumatra No.142/ KPTS/1983. With the abolition of the Marga, it implies the loss of a typical indigenous institution of South Sumatra, which was merged into the Village institution as stipulated in Law Number 5 of 1979 on Villages. As a result, all the lowest institutions in South Sumatra switched their names to villages including, their functions and authorities. The removal of the Marga government and being replaced with the Village, has resulted in the loss of social functions and the function of resolving disputes customarily manner in the community. The function shift of the village head was not necessarily the transfer of the authority of the pesirah Margahead to the village head in resolving arising problems in the community. As a result of this obscurity of the function, all arising problems in the community should resolve by the formal public law determined by the state. This results in an imbalance in the lowest community, including in villages in South Sumatra, to break the chain, the research framework has carried out to answer these problems.]]>
<![CDATA[Gashb and Itlaf Arrangements in KHES and Authority of Justice (Review of Chapter XV of Book II of KHES) ]]>
<![CDATA[Sufiarina, Sufiarina]]>;
<![CDATA[Sudrajat, Herman]]>;
<![CDATA[Mahmud, Hamidullah]]>
<![CDATA[ Brawijaya Law Journal Vol. 7 No. 1 (2020): Contitutional Issues: Economic, Social and Cultural Rights ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Brawijaya ]]>
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DOI: 10.21776/ub.blj.2020.007.01.09
<![CDATA[As a guide for judges in the Religious Court, the Supreme Court has issued Perma No.2 of 2008 concerning the Compilation of Sharia Economic Law (KHES). It contained Gashb and Itlaf, in Book II about the Covenant, whereas Gashb and Itlaf have interpreted as deprivation and destruction. Briefly, Gashb and Itlaf seem to be an offence because of the phrase taking or destroying someone else's property. Offence in the field of Islamic economics is the absolute authority of the State Court. For this reason, it is necessary to examine whether Gashb and Itlaf included in the context of Islamic economics. It also needs to be examined whether Gashb and Itlaf are the absolute authority of the Religious Court. Normative juridical research carried out by discussing Book II of KHES, specifically Chapter XV. It then analysed with the absolute competence of the Religious court, the provisions of Article 49 of the Law of Religious Court. The analysis complemented by a study of legal principles in Islamic economics. Comparisons also made with the concepts of legal relations in the Civil Code, especially regarding the binding and offence in the Criminal Code.The research results of Gashb and Itlaf do not originate from the contract and do not include business activities with Islamic economic principles. Thus Gashb and Itlaf are not included in the absolute authority of the Religious Court. Gashb and Itlaf are not intended as offences because the sanctions are compensation claims. Claims are filed based on lawsuits that violate the law and become the absolute authority of the State Court. Placement of Gashb and Itlaf in KHES is wrong because it does not include Islamic economic activities, so it must have removed from KHES.]]>
<![CDATA[Piracy off The Coast of Indonesia: Potential Implications on The Craft Industry ]]>
<![CDATA[Anele, Kalu Kingsley]]>
<![CDATA[ Brawijaya Law Journal Vol. 7 No. 1 (2020): Contitutional Issues: Economic, Social and Cultural Rights ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Brawijaya ]]>
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DOI: 10.21776/ub.blj.2020.007.01.01
<![CDATA[Piracy off Indonesia may implicate on craft, a significant non-oil foreign exchange earner in the country's economic development. For instance, piracy may affect tourists' use of cruise ships, the exportation of craft products, and the importation of raw materials and equipment for craft production in Indonesia. Consequently, it is imperative to repress piracy off the Indonesian coast. In determining the potential effects of piracy to craft, this paper addressed the linkages between piracy and craft with observed, that piracy may pose a threat to the Indonesian craft industry. Afterward, the causes and effects of piracy on Indonesia's craft industry were interrogating. It was submitted that hijacking a cruise ship may have humanitarian and financial implications on the Indonesian craft industry. The paper suggested measures to curb piracy off the Indonesian coast and argued, inter alia, that updated piracy legal regimes, strengthened institutional framework, and regional cooperation are central to combating piracy off the coast of Indonesia.]]>
<![CDATA[Governing Blockchain-based Token in Indonesia: Legal and Technical Perspective ]]>
<![CDATA[Yun Santoso, Wahyu]]>;
<![CDATA[Anggara Putra, Araya]]>;
<![CDATA[Hendson Passagi, Jonathan]]>;
<![CDATA[Rifky Hanindya, Yoda]]>;
<![CDATA[Azura Tagar, Annisa]]>
<![CDATA[ Brawijaya Law Journal Vol. 7 No. 1 (2020): Contitutional Issues: Economic, Social and Cultural Rights ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Brawijaya ]]>
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DOI: 10.21776/ub.blj.2020.007.01.08
<![CDATA[In the past decade, blockchain technology has caught the world's attention because of its disruptive nature in various industries. Along with blockchain adoption, blockchain-based token, or more popularly known as the "token", are widely used as a representation of a certain asset. In its development, blockchain innovators continue to encourage the birth of new tokens with more diverse attribution. From the regulator's point of view, the above gave rise to problems in the formation of regulations relating to tokens, mainly on its legality whether token will be determined as currency, securites, or commodity. If regulations still cannot catch up with the gap of technological advancement, this will actually hinder the development of blockchain technology in Indonesia.The token regulatory framework has been designed in several countries which have provided clear distinguishing characteristics for each type of token. However, in Indonesia, the absence of a clear and distinct definition of the types of tokens creates legal uncertainty for stakeholders. Therefore, this paper aims to give clarity to the legality of Blockchain-based tokens in Indonesia.]]>
<![CDATA[Gender Discrimination, Disability and Legal Reforms: Revisiting the Evidence ]]>
<![CDATA[Roy, Subir Kumar]]>
<![CDATA[ Brawijaya Law Journal Vol. 7 No. 1 (2020): Contitutional Issues: Economic, Social and Cultural Rights ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Brawijaya ]]>
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DOI: 10.21776/ub.blj.2020.007.01.03
<![CDATA[This article intends to discuss how gender affects women's and men's experience of disability and their basic human rights. It discusses at length about the Feminist Disability Study and its relation with the feminist study to find out a clear conception about the gender disability. This article arduously searches whether the Issues of disability has any linkage with the theory of right and exclusions or it is a kind of cultural interpretation of human variation. Disabled woman suffers double discrimination which is quite different from the experiences of a disabled man. This article intends to critically scan the whole International legal mechanism and the Indian legal system relating to the disability of women and also suggests how to improve the situation. The approach of the article is primarily doctrinal based on an analysis of comparative legal structure, policies, governmental documents, judicial pronouncements, etc. This article advocates in favour of collaborative governance to address the issue of Women's disability properly.]]>
<![CDATA[Regional Economic Development Strategy: Increasing Local Generated Domestic Revenue of the Regional-Owned Enterprises in the Oil and Gas Sector ]]>
<![CDATA[Qurbani, Indah Dwi]]>;
<![CDATA[Sumarno, Theresia]]>;
<![CDATA[Cassy, Retno W. N]]>
<![CDATA[ Brawijaya Law Journal Vol. 7 No. 1 (2020): Contitutional Issues: Economic, Social and Cultural Rights ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Brawijaya ]]>
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DOI: 10.21776/ub.blj.2020.007.01.05
<![CDATA[This paper illustrates how to develop a local development strategy in the establishment regulation of regional enterprises in the oil and gas sector in Bojonegoro District, Indonesia. This paper focuses on the locally generated domestic revenue in Bojonegoro, which have believed to be one of the most important strategies in their economic development. The oil and gas sector has contributed to almost 50% of the regional economic growth in Bojonegoro. However, the community in the region has not yet received an optimal benefit from the contribution as this sector only contributes 4.6% for its local employment in 2018 in comparison with the agrarian sector which contributes 36% for its local employees. The legal research conducted in this paper is juridical normative research by emphasising the establishment arrangement of the oil and gas regional enterprises to increase the locally generated domestic revenue from the sector. According to the Ministry Regulation of Ministry of Energy and Mineral Resources (MoEMR) Republica of Indonesia No. 1, 2008 on Guidelines for the Exploitation of Petroleum Mining in Mature Field stated that any Local (Village) Enterprise Unit ("KUD") or Regional Local Enterprises ("BUMD").]]>
<![CDATA[International Principles of Sustainable Development and the Challenges to Environmental Rights Enforcement in Nigeria ]]>
<![CDATA[Murgan, Murtala Ganiyu A.]]>;
<![CDATA[Ijaiya, Hakeem]]>
<![CDATA[ Brawijaya Law Journal Vol. 7 No. 1 (2020): Contitutional Issues: Economic, Social and Cultural Rights ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Brawijaya ]]>
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DOI: 10.21776/ub.blj.2020.007.01.06
<![CDATA[Human existence in the environment with disregard for International Principles of Sustainable Environment has often led to overutilization of the nation's natural and environmental resources, excessive gas flaring with consequences of global warming, flood, environmental degradation, desertification, water pollution, solid waste pollution, diseases and such conditions that violate human rights to a clean and healthy environment. Necessary International and National legal instruments as well agencies have also been put in place to overcome the above problems and enhance access to environmental justice for victims. However, it observed that these instruments could still not save mankind from the threat to Sustainable Development and environmental rights. This paper examines the challenges to the enforcement of environmental rights on sustainable development in Nigeria. With the qualitative content analysis doctrinal method, the study concludes that the enforcement of human rights on environmental pollution is very poor in Nigeria. The challenges to enforcement of Environmental rights on sustainable development goals also identify with useful recommendations.]]>
