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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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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

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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

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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.

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