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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 294 Documents
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Progressive Realization of Human Rights in Climate-Induced Displacement: Assessing Indonesia's Legal Framework under the ICESCR Dewi, Chloryne Trie Isana
Brawijaya Law Journal Vol. 13 No. 1 (2026): Contemporary Trends in Criminal Law Reform: Procedural Innovations, Rights, an
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2026.013.01.07

Abstract

The escalating internal displacement triggered by climate-induced disasters underscores a critical, unresolved intersection between climate change adaptation, disaster management protocols, human mobility, and international human rights law, particularly socio-economic rights which are often unconsidered. The ad-hoc temporary logistical approach in providing assistance to the climate-induced displaced people resulted in the unfulfillment of their basic needs under category of economic, social and cultural rights. Although the realization of these rights is progressive under international law, states must still meet “minimum core obligations” that require immediate action, even under fiscal constraints. This research critically examines Indonesia's responsibility under the International Covenant on Economic, Social and Cultural Rights (ICESCR) amid climate-induced displacement. Employing a socio-legal approach, this study analyses national legislation—predominantly Law No. 24 of 2007 on Disaster Management—supplemented by empirical insights and comparative analysis with Fiji's progressive Human Rights-Based Approach (HRBA) climate mobility frameworks. The findings reveal that, while climate change is technically incorporated into Indonesia's disaster management framework, there is a legislative loophole that explicitly mandates a Human Rights-Based Approach (HRBA). Consequently, during prolonged displacement, essential socio-economic guarantees become vulnerable to fiscal trade-offs and bureaucratic stagnation. Although under the doctrine of “progressive realization, fulfilling those rights cannot be achieved instantaneously”, Indonesia's current policies exhibit significant legal and operational retrogression. Ultimately, this article argues that it is crucial for Indonesia to enact structural legal reforms, transitioning from temporary humanitarian charity to mandatory rights-based obligations, to ensure the fundamental rights of vulnerable populations are strictly upheld during climate crises.
Navigating Victim Compensation Funds In Indonesian Criminal Justice System: An Analysis of Institutional Integration and Fragmentation Tjokorda Istri Diah Candra Permatasari; Asry Alkazahfa
Brawijaya Law Journal Vol. 13 No. 1 (2026): Contemporary Trends in Criminal Law Reform: Procedural Innovations, Rights, an
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2026.013.01.05

Abstract

Victim recovery has received attention in the criminal justice system of Indonesia. In this context, the provision of financial assistance to crime victims through Dana Bantuan Korban (Victim Trust Fund) scheme is an important progressive initiative. The scheme was first introduced in Law Number 12 of 2022 on Sexual Violence Crimes (TPKS Law) as a replacement mechanism for restitution that perpetrators could not pay. This concept was adopted in the newly enacted Criminal Procedure Code (Law Number 20 of 2025 or KUHAP) with the term “Dana Abadi” or Endowment Fund, which applied more broadly to all victims of crime. Conceptually, different scopes and governance are reported even though both schemes regulate funds for victims. Dana Bantuan Korban in TPKS Law was used for restitution of underpayments, meanwhile Dana Abadi in KUHAP was used for restitution, compensation, and rehabilitation of perpetrators due to miscarriage of justice. Furthermore, funding sources and management institutions were regulated differently and delegated through separate government regulations. Therefore, this research aimed to map victim fund system under Indonesian law and analyze the integrative framework for institutional integration. A doctrinal legal research method was used to examine the regulation of victim fund system in the legal frameworks of Indonesia and several other countries. The collected materials were subjected to qualitative analysis using statute approach and conceptual approach. The result showed the need to improve the governance of schemes scattered across various regulations and ensure the integration management of victim fund under one institution.
Enhancing Fair Trial Standards Through the Integral Investigation System Under Law No. 20/2025 Solehuddin; Pujiyono; Irma Cahyaningtyas
Brawijaya Law Journal Vol. 13 No. 1 (2026): Contemporary Trends in Criminal Law Reform: Procedural Innovations, Rights, an
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2026.013.01.04

Abstract

The enactment of Law No. 20 of 2025 on the Criminal Procedure Code marks a pivotal shift in Indonesia’s legal landscape from a fragmented inquisitorial model toward an integral investigation system. This research evaluates how this new procedural framework aligns with international fair trial standards, particularly in protecting the rights of the accused during investigation. Using a normative legal research method with statutory and comparative approaches, the study examines three core innovations: the strengthening of judicial oversight in coercive measures, the formalization of restorative justice, and the introduction of plea bargaining. The findings indicate that Law No. 20 of 2025 significantly enhances the due process of law by subjecting investigative authorities to stricter judicial oversight. However, the study identifies potential risks posed by investigators' discretionary power that may undermine the principle of non-self-incrimination. This research suggests that fostering the efficacy of the integral system requires a substantive transformation of legal culture and the optimization of digital oversight. As a consequence, implementing regulations must strictly define the boundaries of judicial intervention to ensure that procedural efficiency does not override human rights protections.
Consumer Dispute Resolution Based on the Principle of Efficiency and Fairness Rosidah, Zaidah Nur; Karjoko, Lego; Safitri, Nabila Rahma
Brawijaya Law Journal Vol. 13 No. 1 (2026): Contemporary Trends in Criminal Law Reform: Procedural Innovations, Rights, an
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2026.013.01.06

Abstract

Consumer disputes arise when one party fails to fulfill its obligations or violates laws and regulations. Dispute resolution can be achieved through litigation or non-litigation. Litigation is filed with the district court, while non-litigation is filed with the Consumer Protection and Assurance Agency (BPSK). BPSK’s decision can be overturned by the district court, making it ineffective. This study aims to identify consumer dispute resolution methods based on the principle of efficiency and justice. This research is normative legal research with a conceptual and legislative approach. Secondary Legal materials collection was conducted through literature review. To answer the research questions, a deductive syllogism was used. Richard Posner's Economic Analysis of Law theory served as the major premise, while the minor premise was consumer dispute resolution. The results of the research concluded that, firstly, the BPSK decision was deemed ineffective because it could be overturned by the District Court. Second, so that consumer dispute resolution is effective and efficient based on the principle of fair efficiency, then (1) BPSK decisions are final and binding and can only be annulled if the case being examined is not within BPSK's absolute competence. (2) The option of dispute resolution through court can only be submitted if the dispute value is at least more than 100 million rupiah or 50 million or 20 million. The size of the loss value is determined by the minister of trade, whereas if the loss is less than that amount, dispute resolution can be carried out through BPSK.

Page 30 of 30 | Total Record : 294

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