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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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Legislative Amendments to Saudi General Partnership Companies: A Departure from Established Legal Principles Alomar, Adnan; Al-Amareen, Emad Mohammad; Almajali, Tawfiq Aref
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.2025.012.01.08

Abstract

In 2022, the Saudi legislator enacted significant amendments to the Companies Law, particularly regarding General Partnership Companies (GPCs), as part of the broader strategy to align with Vision 2030. These amendments notably allow legal persons to become partners in GPCs, a sharp departure from the long-standing legal doctrine that restricts partnership membership to natural persons due to the personal nature (intuitus personae) of such entities. This study critically examines whether these legislative changes are compatible with the foundational principles of GPCs, raising key questions about the extent of liability borne by legal persons, the preservation of personal trust among partners, and the implications for company dissolution, bankruptcy, and partner succession. Employing a qualitative and doctrinal legal research approach, the analysis draws on statutory texts, case law, and comparative legal frameworks, particularly from Saudi Arabia and Jordan, to assess the coherence and impact of the new provisions. The research finds that while the reforms introduce flexibility and accommodate modern commercial realities, they challenge core legal principles by allowing entities lacking personal identity to participate in structures fundamentally based on mutual trust and joint liability. The study recommends clarifying the extent of legal persons’ financial responsibility and reinforcing the role of personal consideration in partnership governance, including restrictions on share transfers and clearer rules on succession and partner withdrawal. These adjustments are crucial to preserving the legal integrity of GPCs while adapting them to contemporary economic developments.
The Urgency of Establishing Funding Regulations for Refugees by Faith-Based Organizations in Indonesia Fitria; Susetyo, Heru; Rahmawati, Nurlaili; Hanah, Ummu
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.2025.012.01.04

Abstract

More than 12,000 refugees in Indonesia face a life of uncertainty, as the country is not considered a destination for them. Moreover, Indonesia needs more adequate regulations regarding refugees. In practice, handling refugee issues in Indonesia relies on the United Nations High Commissioner for Refugees (UNHCR) and the International Organization for Migration (IOM). Unfortunately, most refugees cannot return to their home countries, primarily due to ongoing conflicts, with only about 1–1.5% being resettled in third countries. Consequently, they remain in Indonesia for years, even decades, without clear prospects for their future. This paper analyzes the urgency of establishing funding for refugees by civil society, mainly through faith-based organizations (FBOs), viewed through Jacques Derrida's theory. In this research, a socio-legal method was employed, which examines law through the lens of social phenomena. The research team's key findings are as follows: first, the interviewed refugees, having undergone several migrations, find themselves "stranded" in Indonesia. Although they feel safe, they lament the lack of a dignified life. Second, the significant role of FBOs is highlighted when the UNHCR and IOM cannot handle refugee issues optimally (Ashutosh & Mountz, 2011). Third, these facts raise the need for regulations concerning donations by civil society, especially FBOs for refugees, to ensure more humane treatment. This aligns with Derrida's perspective on hospitality, which seeks a balance between the extremes of neglect and boundless kindness (unconditional hospitality) towards the presence of foreigners in a country, in this case, refugees in Indonesia.
Han-Wei Liu & Weiping He Australian Banking and Finance Law and Regulation Leow, Bryan; Lau, Kwan Ho
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.2025.012.01.09

Abstract

It is a near-Sisyphean feat to properly set out the myriad interlinking issues in banking and finance law within a jurisdiction, and this is before tackling the accompanying regulatory issues. Pushing that proverbial boulder up the hill requires a firm grounding in the applicable black-letter rules; a good sense of the regulatory theories adopted by the supervisory authorities; and, finally, a keen appreciation of potential problems presented by the constant stream of novel financial products (and technology). In their book Australian Banking and Finance Law and Regulation, Han-Wei Liu and Weiping He have examined the Australian position relating to the above in a comprehensive and easily digestible volume.
The Role of Médecins Sans Frontières (MSF) in Sea Rescue Operations in the Mediterranean: Legal Challenges and International Obligations Zreik, Mohamad; Haron, Nazatul Faizah
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.2025.012.01.03

Abstract

Since 2015, Médecins Sans Frontières (MSF) has played a crucial role in conducting search-and-rescue operations in the Mediterranean Sea, rescuing migrants and refugees fleeing conflict, poverty, and persecution in regions like North Africa and the Middle East. MSF’s humanitarian missions, aimed at saving lives, have often been met with criticism and legal challenges from European authorities, who accuse NGOs of encouraging illegal migration. This paper examines the legal complexities surrounding MSF's sea rescue operations, focusing on the tension between humanitarian obligations and state sovereignty. The analysis includes a review of international law of the sea, the principle of non-refoulement under the 1951 Refugee Convention, human rights law, and European Union migration and asylum regulations. By analyzing MSF’s legal battles, this paper explores the intersection of humanitarian action and state control over borders, illustrating the moral and legal dilemmas posed by these missions.
Threat to Success Integration and Resettlement for Female Refugee: Exercising Poor Rights to Health Camelia, A. Indah; Narwati, Enny; Ramadani, R. Yahdi
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.2025.012.01.02

Abstract

In the last decade, refugee catastrophe has reached an unprecedented level, with women and children comprising a significant portion of displaced population worldwide. In particular for female refugees, they face unique health challenges, including reproductive health problems, mental health issues, and gender-based violence, despite international law’s recognition of the rights to health as fundamental rights under many international conventions. Female refugee often struggles to access healthcare servicesdue to linguistic and cultural barriers, financial constraints, and discriminatory policy. Limited access to health care affects their ability to secure employment, develop social networks, and actively participate in host communities entail as a threat to theircapability forintegration and resettlement in the new country. The study aimsto examinehow current health policies create barriers to successful integration and resettlementfor female refugees. Then, itproposespolicy recommendations for governments, international organizations, and healthcare providers to address these challenges and promote equitable access to healthcare.This research is a doctrinallegalstudy which investigate the impact of the poor health policy on integration and resettlement prospects for female refugees. This research will start by analysesinternational refugee lawand relevant case law pertaining to healthcare access for refugees. Then, it critically examines the gaps and inconsistencies in these legal frameworks and their impact on the lived experiences of female refugees. Good physical and mental health conditions are key to the refugees' successful integration and resettlement into new societies and labourmarkets; otherwise, securing employment, developing social networks, or becoming active members of their host communities will be challenging. Therefore strategy to address the issue are by improving language services, providing social assistance programs, promoting gender-sensitive approach, and establishing responsive and inclusive health care system.
The Urgency of Combating Human Trafficking for Online Scams in Indonesia Bangun, Budi Hermawan; Kinanti, Fatma Muthia
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.2025.012.01.05

Abstract

Human trafficking for online scams has emerged as a growing transnational crime, particularly in Southeast Asia. This study examines the role of ASEAN in combating this evolving form of human trafficking, highlighting its legal framework, challenges, and regional cooperation efforts. ASEAN has established multiple agreements, including the ASEAN Convention Against Trafficking in Persons (ACTIP) and the ASEAN Leaders' Declaration on Combating Trafficking in Persons Caused by the Abuse of Technology, to address the issue. However, the implementation of these agreements remains inconsistent due to the region’s adherence to the “ASEAN Way” principle, which prioritizes non-interference and consensus-based decision-making. This research employs a socio-legal approach, analyzing ASEAN’s institutional response and the legal framework supporting anti-trafficking measures. Findings indicate that while ASEAN has made significant strides in formalizing commitments, enforcement gaps persist. Human traffickers exploit weak border controls, technological advancements, and corruption to sustain their operations. Additionally, the rise of cyber fraud linked to trafficking in persons has intensified the urgency for coordinated regional action. The study underscores the need for ASEAN member states to adopt stronger enforcement mechanisms, improve victim protection, and enhance cross-border cooperation. Strengthening ASEAN’s role in combating human trafficking for online scams is crucial not only for upholding human rights but also for maintaining regional security and economic stability. The findings contribute to the discourse on transnational crime and the effectiveness of regional governance in addressing emerging criminal threats.
Refugee Protection in Post-Pandemic Era: A Challenge to Reach Resilience Kusumo, Ayub Torry Satriyo; Aziz, Sannia
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.2025.012.01.06

Abstract

In the post-pandemic era, refugees are the most vulnerable group requiring global attention and protection of the fundamental rights. Despite the importance of safeguarding these rights, refugees often face fragile living conditions and uncertain legal status, which limit the ability to prioritize health and well-being. Persistent challenges such as status determination processes, safe third-country agreements, and the growing impact of climate change have further intensified these vulnerabilities. Therefore, this study aimed to examine the intersection of refugee protection, public health, and climate change to identify strategies for enhancing resilience in post-pandemic contexts. By using a qualitative narrative review of academic, legal, and policy literature, the analysis fostered a comprehensive and critical discussion of the issues. The results suggested that the complexity of these challenges left developing countries in the global North, often transit hubs for migrants, unable to address the problems independently. Addressing the issues effectively required cooperative regional efforts and innovative policymaking. Furthermore, this study contributed to the discourse on sustainable and inclusive strategies for addressing global challenges affecting refugee populations.
Implications of Public Housing Policies in Singapore and Australia for China Xu, Zhuangsi
Brawijaya Law Journal Vol. 12 No. 2 (2025): The Evolution of International Humanitarian Law : Historical Roots to Future D
Publisher : Faculty of Law, Universitas Brawijaya

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

Abstract

This paper delves deeply into the experiences and lessons of public housing policies in Singapore and Australia as points of references for China’s housing policies. By drawing on the experiences of these countries this paper hopes to innovate policy tools to promote the fair, efficient and sustainable development of an affordable housing system. Singapore and Australia tackle the housing problem from very different angles highlighting that the success of public housing policies depends on an organic combination of scientific policy design, legal guarantees, dynamic management, and effective implementation. The paper will adopt a policy-oriented research on the effective housing policies of Singapore and Australia for improving and optimizing China's housing security. Ultimately, China should legislate a Housing Security Law, clarify central-local responsibilities, and secure land and finance, drawing on Singapore’s land acquisition and provident fund models; establish a national housing-demand database for dynamic matching, adopt Singapore’s tiered supply and Australia’s targeted subsidies to broaden and differentiate support; and build an inter-agency data platform to enhance eligibility screening, ensuring efficient and equitable affordable housing allocation.
Book Review Protection of the Environment under International Law During Occupation (International Humanitarian, Human Rights and Environmental Law) Prajapati, Naresh
Brawijaya Law Journal Vol. 12 No. 2 (2025): The Evolution of International Humanitarian Law : Historical Roots to Future D
Publisher : Faculty of Law, Universitas Brawijaya

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Abstract

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Indonesia’s Military Reserve: Legislative, Ethical, and Operational Challenges Hastuti, Lina; Camelia, A. Indah
Brawijaya Law Journal Vol. 12 No. 2 (2025): The Evolution of International Humanitarian Law : Historical Roots to Future D
Publisher : Faculty of Law, Universitas Brawijaya

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

Abstract

In light of the decreasing conventional military threats and the increasing non-military disputes, the need for a comprehensive defence that incorporates diverse national resources is underscored. However, the establishment and integration of a reserve component within the national military framework in Indonesia creates many challenges. The paper examines the context of reserve forces globally then compare with Indonesia’s under Law No. 3/2002 concerning National Defence and Law No. 23/2019 regarding the Management of National Resources for National Defence. It critically analyses the legal, ethical, and operational complexities surrounding the reserve component. highlighting the ambiguities in its role alongside conventional armed forces and the implications for accountability, human rights, and adherence to humanitarian law. It is normative legal research, utilising qualitative analysis to assess current policies, regulations, and the intersection of legal frameworks with ethical considerations. The findings reveal significant gaps in the legal framework governing Indonesia's reserve forces, particularly regarding mobilisation procedures, contract durations, and the dual status of reservists as both civilians and combatants.

Page 28 of 29 | Total Record : 282

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