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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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Examining on Indonesian Legal Challenges for Future Transnational Healthcare Service Kusuma, Febrian Indar Surya; Hermawan, Sapto
Brawijaya Law Journal Vol. 7 No. 1 (2020): Contitutional Issues: Economic, Social and Cultural Rights
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.01.07

Abstract

Facing the fourth industrial revolution, the state must strengthen its role to protect its citizens as a part of its efforts to provide social security. Indonesia as a nation also have to face this challenge, especially on the ability to provide healthcare and medication for their citizen neither they lived in the country nor stay overseas. This kind of issue has to be our concern because of our current situation in the globalization era force us to eliminate the national border and start to design transnational services to fulfill our basic needs. Therefore, this paper will conduct research that focuses on the healthcare and medication services in the South East Asia, especially a comparison between Malaysia and Indonesia's government. Furthermore, this study will also give a brief preview of the 4.0 industrial revolution that brings the shifting of a new era for fulfilling a necessary healthcare service by using transnational big data. Through a social justice perspective and sociological law approach, the researcher uses social security theory that will lead us to reach the concept of the welfare state. This comparison will give us a larger image to see Indonesian government legal challenges and opportunities to provide a new form of healthcare services.
Institutional Policy in Land Procurement Under The Omnibus Law Regime Kuswahyono, Imam; Ula, Hikmatul
Brawijaya Law Journal Vol. 7 No. 1 (2020): Contitutional Issues: Economic, Social and Cultural Rights
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.01.02

Abstract

The legal culture procedure with socio-legal analysis will be able to answer the fundamental questions in the problems of practices of land procurement for public interests, in particular the issue of compensation. The crucial issue of compensation within the implementation of the policy of land procurement regards the non-equivalence of land value, both utility value and economic value of structures and landscapes, to the monetary compensation. The use of the legal culture approach is to provide answers and implement them to resolve issues of land procurement for public interests in the omnibus law regime to maintain justice to landowners and preserve the environment. The correlation of the cultural approach and activities of land procurement is that culture refers to the target of the national conscience, and the cultural approach based on the growth mindset will result in wisdom and nobility of the decisions of public officials to prioritize the people rather than interests of investment. The government must choose to renegotiate the policy of enacting the Law of Employment Creation, which is judged by the greater public to conflict with the spirit and mandate of the Preamble and contents of the 1945 Constitution. It needs renegotiation between the state and people by discussing in-depth the legal substance of the law is not performed, and then the law in question must have its enactment firmly rejected.
The Palestinians’ Quest for Justice at the ICJ: The UNSC as a Stumbling Block? Hassan, Fareed Mohd; Sabaruddin, Nurul Azyani Zafirah; Yuliantiningsih, Aryuni; Arafat, Muhammad Rusli; Mega Jaya, Belardo Prasetya
Brawijaya Law Journal Vol. 11 No. 2 (2024): The Role Of Human Rights on ASIA Pacific Policies and Strategies
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2024.011.02.01

Abstract

Human rights abuses occurring in Gaza, including civilian casualties, have been countlessly reported. Despite numerous resolutions presented, particularly to the United Nations (UN) Security Council (UNSC), data from the UN reveals that they have unfortunately been vetoed. South Africa initiated a legal action before the International Court of Justice (ICJ) accusing Israel of breaching the 1948 Genocide Convention—a treaty to which both nations are Parties to. Based on doctrinal analysis, this paper raises one big question; whether the UNSC, that is supposed to uphold international peace and security, will become a stumbling block in the quest for justice for the Palestinian and fails to serve its purpose? This paper argues that judging from Netanyahu’s statement that Israel will not follow and perform any ICJ’s decisions and the United States, being one of the UNSC permanent members will use any necessary measures within the UNSC to prevent such decision from being enforced. This paper concludes that the veto power within the UNSC hinders the pursuit of justice for the Palestinians and the ability of certain member states to veto resolutions creates challenges in the Council’s effectiveness and compromises its capacity to address the conflict for the pursuit of justice.
Strengthening the Position of Child Victims as Witnesses Through Video Recordings in Sexual Violence Crimes (A Comparison Between Indonesia and Malaysia) Aprilianda, Nurini; Kadir, Nadhilah A.; Bagaskoro, Ladito Risang; Yuliani, Anggi Ari
Brawijaya Law Journal Vol. 11 No. 2 (2024): The Role Of Human Rights on ASIA Pacific Policies and Strategies
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2024.011.02.02

Abstract

The increasing number of children as witnesses in proving a criminal offense presents a problem in the Indonesian criminal justice system. Based on Article 184 of the Criminal Procedure Code, evidence provided by witnesses must meet specific requirements, including being given by adults. Consequently, testimony from child witnesses is not recognized as valid evidence, as they are not sworn in and are considered legally immature. Apart from that, the impact of technological developments, such as the use of video to record children's statements as witnesses, has not yet become part of witness statements as a valid form of evidence. However, the Malaysian legal system, through the Evidence of Child Witness Act 2007, has made legal breakthroughs that allow child victim statements as admissible evidence through recorded footage, live video, and in-person testimony. This research seeks to reinforce the role of children as witnesses by employing a normative juridical method, along with statutory and comparative legal approaches, to explore potential changes in legislation to incorporate video-recorded testimony for child witnesses. Legislative updates may involve revising (a) the Child Protection Law; (b) the Criminal Procedure Code (KUHAP); and (c) the Electronic Information and Transactions Law. Besides, practical steps could support these changes, such as creating dedicated spaces with appropriate technology, establishing protocols and standards for child witness testimonies, and providing specialized training for judges, prosecutors, and investigators.
Models For Implementing Punishment Against Jarimah Khalwat Perpetrators In Aceh Province Nur, Muhammad; Harun, Harun; Nasir, Muhammad; Dona SKD, Khairil
Brawijaya Law Journal Vol. 11 No. 2 (2024): The Role Of Human Rights on ASIA Pacific Policies and Strategies
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2024.011.02.04

Abstract

Jarimah khalwat is an act prohibited by Aceh Qanun Number 6 of 2014 concerning Jinayat Law. According to Jinayat Law, jarimah khalwat is resolved through criminal punishment, one of which is carried out by caning. The offense is resolved through the special criminal justice system in Aceh Province and the customs that apply in Aceh. The research aims to explore punishment models for perpetrators of Jarimah Khalwat in Aceh Province. The location was conducted in Aceh Province, specifically in Aceh Tamiang Regency, Lhokseumawe City, Pidie Regency, and Banda Aceh City. Primary data were collected through observations and interviews. Interviews were conducted with respondents using prepared interview guidelines. Secondary data were collected by studying the literature, laws and regulations, theories, and opinions of scholars. Data analysis employed qualitative methods. The study shows that the punishment for perpetrators of jarimah khalwat in Aceh Province are carried out using two models. Firstly, punishment are imposed based on customary law, namely by warning or advice. A marriage punishment and fine for violating the customs are imposed if the offense is repeated. The second punishment model is based on the Jinayat Law.
Violence in Abyei: Legal Implications of the Sudan-South Sudan Dispute Yordan Gunawan; Ahmad Zulfiqri A. Lalu
Brawijaya Law Journal Vol. 11 No. 2 (2024): The Role Of Human Rights on ASIA Pacific Policies and Strategies
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2024.011.02.06

Abstract

Peace and security in the Abyei region are still a tough challenge marked by a historic conflict involving a series of attacks that have caused many casualties. This research focuses on the analysis of dispute cases in South Sudan and also the legal implications of Sudan's dispute with South Sudan in the Abyei region. The materials used in this study include books, journals, and international conventions. This study used the normative legal research method and conducted a literature review approach by studying various reading sources through the internet in accordance with the problem being studied. The research found the legal implications of the conflict in Abyei with human rights violations with implications for the displacement and forced displacement of people in conflict areas. Although to achieve peace in the Abyei region, many countries have been involved as external facilitators, as well as international organizations such as the United Nations, through the establishment of the United Nations Mission in South Sudan (UNMISS).
To Punish or Reintegrate? Balancing Legal Protection and the Future of the Child Terrorist Khalid, Ihab Natiq; Hassan, Muhamad Sayuti; Md Said, Muhammad Helmi
Brawijaya Law Journal Vol. 11 No. 2 (2024): The Role Of Human Rights on ASIA Pacific Policies and Strategies
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2024.011.02.05

Abstract

In West Asia regions such as Iraq and Syria, children are vulnerable to terrorists, especially the Islamic State of Iraq and Syria (ISIS). Iraq has suffered years of massacre by ISIS using children recruited and transformed into “lions”. This resulted in the enactment of the Iraqi Anti-Terrorism Law in 2005 to address the menace. However, this law did not distinguish between adult offenders and child offenders; rather, it issued general punishment for the crime of terrorism. The study aims to determine the justification for punishment for child terrorists in light of the surrounding circumstances of indoctrination and transformation into dehumanized humans. Studies on child recruitment by ISIS, child soldiers, and ISIS and children were collected and analyzed using doctrinal legal analysis. The findings were thematically analyzed and discussed accordingly. It was discovered that justification for the punishment of children recruited by ISIS would be more effective when certain factors like the method of child recruitment are examined, the experiences of the children, and the impact the recruitment has had on the recruited children to avoid recidivism. That has turned them into terrorists and lacking human sympathy. This study suggests the need to punish these children under the provision of Juvenile Welfare Care with the purpose of de-radicalizing, rehabilitating, and reintegrating them into society while considering the safety of the community. Relevant strategies are essential for safeguarding the future of children and protecting their human rights.
Neglecting Laws and Rights of Local Communities: A Human Rights-Based Approach Analysis of the Development of Indonesia’s New Capital City Marzuki, Suparman; Heryansyah, Despan; Hadi, Sahid
Brawijaya Law Journal Vol. 11 No. 2 (2024): The Role Of Human Rights on ASIA Pacific Policies and Strategies
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2024.011.02.03

Abstract

It is reported that the development of Nusantara as Indonesia’s new capital city tends to be pragmatic and disregards the quality of its processes and outcomes. Such a development has reduced the public’s trust, mainly because of this project’s environmental loss, social-humanity problems, and economic challenges. By employing human rights-based approaches to development, this article discusses the implementation and policy issues of the development of Nusantara in more depth and detail based on the rights holders’ experiences living in the Nusantara and its neighbouring areas. The research reveals that the development of Nusantara, ranging from its planning and policy formulation to its implementation, clearly neglected applicable laws and regulations. It failed to respect the rights of local communities, including indigenous peoples who enjoy their livelihoods in Nusantara and its neighbouring areas. We argue that the lack of respect and protection of human rights in the development implementation is because the development policy of Nusantara is grounded in autocratic legalism, even if it is established in a democratic mechanism.
The Baduy Tribe's Political Participation in Indonesia's Democratic Framework I Nyoman Nurjaya; Navisa, Fitria Dewi; La Ode Machdani Afala
Brawijaya Law Journal Vol. 12 No. 1 (2025): Protecting People Crossing Border in The Context of International Migration La
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2025.012.01.07

Abstract

This research investigates the phenomenon of political participation among the tribal community of the Baduy Tribe within the context of general elections (Pemilu) in Lebak Regency, Banten, Indonesia. An in-depth understanding of the political dynamics of the Baduy Tribe is urgently needed to ensure their democratic rights and promote greater involvement in the national political process. This study identifies structural and cultural barriers hindering Baduy's political engagement and proposes practical strategies to overcome these obstacles. The findings are expected to provide valuable insights for policymakers and stakeholders in efforts to strengthen the political representation of the Baduy Tribe. This research employs an empirical approach combining legal and political analysis. Data collection techniques involve in-depth interviews with members of the Baduy tribal community and traditional leaders (pu’un), participatory observation, and analysis of policy-related documents and regulations. The research findings indicate that dynamics between traditional customs, local economy, and national politics influence the political participation of the Baduy community. Despite their high commitment to the democratic process, they face constraints such as administrative requirements and incongruence between customary and formal rules. In conclusion, recognizing their local identity, protecting political rights, and meeting the needs of public services are the primary focus of enhancing inclusive political participation for the Baduy community.
Climate-Induced Migration in the Asia Pacific: Need for a Regional Protection System for Migrants Saxena, Parkhi
Brawijaya Law Journal Vol. 12 No. 1 (2025): Protecting People Crossing Border in The Context of International Migration La
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2025.012.01.01

Abstract

Climate change has emerged as one of today”s most pressing concerns for the entire international community. While the adverse impacts of climate change can be felt worldwide in the form of sudden events like natural calamities, it is a gradual process, and stringent steps are warranted to mitigate its effects. Asia Pacific region is particularly more vulnerable to climate change as many of its island nations are low-lying and economically inadequate to develop the infrastructure for the safety of its population. Through a doctrinal research methodology, this paper argues that the Asia Pacific region must rise above its “sub-regions” and, in regional solidarity and shared responsibility, must collaborate and prepare the framework for the protection of climate-induced migrants who might be compelled to cross an international border to seek protection and shelter in a neighbouring country. This paper argues that the Asia Pacific region must form a regional protection system through a multilateral treaty, the objective of which must be to ensure that the fundamental human rights of climate-induced migrants are not abused in either a host country that provided them shelter during their cross-border migration.

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