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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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Online Gambling: A Comparative Analysis Under Civil and Syariah Law in Malaysia Tuan Ibrahim, Tuan Muhammad Faris Hamzi; Nor Muhamad, Nasrul Hisyam; Baharuddin, Ahmad Syukran
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 | DOI: 10.21776/ub.blj.2025.012.02.08

Abstract

The rapid development of digital technology and the widespread accessibility of the internet have transformed the gambling landscape in Malaysia. However, the legislation governing gambling under both civil and Syariah contexts was enacted during a pre-internet era, rendering it less effective and increasingly irrelevant in addressing contemporary challenges. Consequently, online gambling has emerged as a critical issue that is becoming increasingly difficult to regulate. This study aims to analyse the differing approaches of civil and Syariah law towards online gambling in Malaysia, as well as to identify the enforcement challenges faced by both legal systems. The methodology of this study adopts a qualitative doctrinal design through inductive and comparative approaches. Data were collected through document analysis of statutory provisions, court cases, and relevant literature. The findings of this study indicate that civil law tends to regulate gambling through licensing and stringent controls, permitting licensed gambling activities as provided under the Common Gaming Houses Act 1953 and the Lotteries Act 1952. However, civil law faces challenges in regulating online gambling, as the existing legal framework is primarily focused on physical gambling activities. This study argues for the reform of the Common Gaming Houses Act 1953 through an amendment to Section 2 (Interpretation), explicitly extending the meaning of “gaming” to include digital and online activities. In contrast, Syariah law absolutely prohibits gambling for Muslims, in accordance with Islamic teachings. Although nearly all states have enacted Syariah legislation prohibiting gambling, including online gambling, enforcement faces significant challenges such as technological limitations However, both legal systems play complementary roles in addressing online gambling: civil law regulates it through federal control, while Shariah law enforces its moral prohibition within Islamic jurisdiction. This study also recommends further research to enhance the legal framework governing online gambling, including leverage modern technologies to strengthen the enforcement of laws against online gambling in Malaysia.
The Status of Meaningful Human Control of Lethal Autonomous Weapons System in International Humanitarian Law Zhu, Lijiang; Hu, Xinyi; Han, Yutong
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 | DOI: 10.21776/ub.blj.2025.012.02.02

Abstract

Meaningful human control (MHC) has become a central topic in the discussions of the Group of Governmental Experts (GGE) on lethal autonomous weapons systems (LAWS) under the Convention on Certain Conventional Weapons (CCW), as it addresses the “accountability gap” these systems may generate. Nevertheless, its status under international humanitarian law (IHL) is unclear. Therefore, it is imperative to clarify its status in IHL. Through an international law source analysis methodology, this paper concludes that, at the conventional-international-law level, MHC can be inferred through a systemic interpretation of 1977 Additional Protocol I to the Geneva Conventions (API). Article 36 of API obliges States to determine the legality of new weapons in all circumstances, while Article 57 of API requires attackers to take all feasible precautions. At the customary-international-law level, although MHC has received wide support from many States and organizations, the reservations of several major powers, such as the United States, and the conceptual divergences hinder the emergence of consistent state practice and opinio juris. However, those major powers, though cautious, have not explicitly rejected the notion of “human control” and thus cannot be regarded as persistent objectors. Finally, at the general-principles-of-law level, the Martens Clause provides normative orientation and moral legitimacy, but its abstract nature prevents it from serving as an autonomous legal basis for MHC.
Reconstructing Justice: The Evolution and Application of International Humanitarian Law in Post-Assad Syria Zreik, Mohamad; Caba-Maria, Flavius
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 | DOI: 10.21776/ub.blj.2025.012.02.03

Abstract

The Syrian Civil War, spanning over a decade, has been marked by severe violations of International Humanitarian Law (IHL), including indiscriminate attacks on civilians, torture, and the use of chemical weapons. Despite the ousting of President Bashar al-Assad in December 2024, the conflict persists, with new actors and shifting alliances complicating the enforcement of IHL. This paper examines the evolution of IHL in Syria, analyzing key case studies such as the Siege of Eastern Ghouta, the 2025 massacres of Alawites, and the establishment of transitional justice mechanisms. Utilizing a case study methodology, the paper assesses the effectiveness of IHL in mitigating humanitarian crises and explores the challenges and prospects for accountability and reform in the post-Assad era.
Vanishing Universal Norms? Rethinking Erga Omnes in International Humanitarian Law Principles Manitra, Ramalina Ranaivo Mikea; Bourdeau, Callista Putri; Kylatifa Ghaniya Aristi; Muhammad Hazel Nailah Akbar
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 | DOI: 10.21776/ub.blj.2025.012.02.04

Abstract

International humanitarian law (IHL) is grounded on principles intended to apply universally in situations of armed conflict. Yet, the persistence of widespread violations in recent conflicts raises questions about the practical effectiveness of these legal norms. This paper investigates whether the erga omnes character of IHL principles still holds meaningful legal force or is increasingly relegated to symbolic rhetoric. Employing a doctrinal legal method, it explores the legal foundation and evolution of erga omnes, their intersection with IHL, and their invocation in contemporary conflict contexts. The analysis finds that while obligations erga omnes reflect a shared international commitment, their enforcement remains inconsistent and often influenced by political considerations. The study also observes that appeals to universality can serve as moral and legal pressure points—particularly important in influencing decision-makers who shape global responses to humanitarian crises. The paper concludes that without strengthened mechanisms for accountability, the obligations erga omnes in IHL principles risk being reduced to aspirational language rather than enforceable law.
Supreme and Constitutional Court’s Decisions on Permission of Ex-Corruptors to be Parliamentary Candidates : Whose Rights Should be Protected ? Susmayanti, Riana; Hidayat, Fitri
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 | DOI: 10.21776/ub.blj.2025.012.02.09

Abstract

Along with the trend of many Parliamentary members being caught in corruption, Law No. 7/2017 on General Elections apparently allows ex-corruptor to run for or be nominated as Parliamentary members. Parliamentary is an institution that has the legislative power to form laws (including the Anti-Corruption Law, etc). Allowing ex-corruptors to run for Parliamentary candidate means that the seriousness of this country's fight against corruption is questionable. This study analyzes the permissibility of ex-corruptors to become parliamentary candidates based on KPU Regulation 20/2018 and 31/2018, Law 7/2017, Supreme Court Decision No. 46 P/HUM/2018 and Constitutional Court Decision No. 87/PUU-XX/2022. Moving on from that analysis, this normative juridical research is intended to answer the legal issues : 1) What is the human rights perspective of ex-corruptors regarding on permission of ex-corruptors from running for or being nominated as members of parliament ? and 2) What is the human rights perspective of other citizens regarding on permission of ex-corruptors from running for or being nominated as members of parliament ? Using the case, conceptual and statutory approach, the author aims to show that it is not only the human rights of ex-corruptors that must be protected, but also the human rights of the other citizen to get members of Parliament who are clean from corruption. Some previous studies discuss former corruptors as parliamentary candidates, such as Agus Amelia Virismanda Vantri (2019 and also Andri Yanto and Faidatul Hikmah (2023), but none have examined human rights from the perspective of former corruptors and citizens of other countries. When the author presented this paper at an international conference, it turned out that ex-corruptors becoming parliamentary candidates is also a problem in other countries, making this theme important for foreign readers.
Comparative Legal Analysis of the Obligations of Kazakhstan and the CIS Countries on Nuclear Disarmament Bolat, Alibek; Saimova, Sholpan
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 | DOI: 10.21776/ub.blj.2025.012.02.05

Abstract

This study conducts a comparative analysis of Kazakhstan’s and CIS countries’ nuclear disarmament commitments. The primary aim of the research is to identify convergences and divergences in legal obligations, policy frameworks, and implementation mechanisms across the region. The work holds both scientific values, by filling a gap in comparative regional nuclear policy studies, and practical relevance, by informing policymakers on best practices. Employing a comparative legal methodology, supplemented by document analysis and expert interviews, the research examines treaties, domestic legislation, and compliance reports. Key findings reveal that Kazakhstan demonstrates leadership through proactive treaty accession and verification measures, while some CIS states face implementation delays due to political and technical constraints. The study contributes to international security scholarship by clarifying regional disarmament dynamics and offers recommendations to enhance cooperative mechanisms and strengthen national institutions for effective disarmament. Practical significance lies in guiding future policy harmonization and capacity-building initiatives.
The Conflict Catalyst: IHL's Role When Climate Change Triggers Displacement Neeralakeri, Tejashwini P; Singh, Samaira
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 | DOI: 10.21776/ub.blj.2025.012.02.06

Abstract

The escalating climate crisis is profoundly reshaping global human mobility, forcing millions to abandon their homes due to both sudden-onset disasters and insidious slow-onset environmental degradation. This paper examines how international humanitarian law (IHL) and climate-induced displacement are related, particularly when armed conflict intensifies or intersects with the consequences of climate change. Despite the informal usage of the term “climate refugee,” there is a significant protection gap because the 1951 Refugee Convention does not give it a legal designation. While IHL is primarily designed to regulate armed conflict and protect its victims, this research argues that its principles and provisions become indirectly, yet crucially, relevant when climate change acts as a “threat multiplier,” intensifying existing conflicts or creating new fragilities that lead to displacement. Through a qualitative legal analysis complemented by three diverse case studies, the Sunderbans (India and Bangladesh), the Lake Chad Basin, and Somalia/Horn of Africa. The paper aims to critically analyse the applicability and limitations of International Humanitarian Law in addressing climate-induced displacement, particularly in contexts where climate change acts as a threat multiplier for armed conflict. Through a case-based legal analysis, the article seeks to demonstrate how existing legal frameworks fall short of providing adequate protection for climate-displaced persons and to situate IHL within a broader matrix of human rights, migration, and climate governance regimes.

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