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Brawijaya Law Journal : Journal of Legal Studies

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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

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Articles 282 Documents

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RECONCEPTUALIZATION OF INDONESIA LAW SUBSTANCES Rijadi, Prasetijo; Priyati, Sri
Brawijaya Law Journal Vol 4, No 2 (2017): Law and Sustainable Development
Publisher : Faculty of Law, Universitas Brawijaya

Law is designed to bring justice to the people and to establish good public order. The idea of rule of law construction encouraged fundamental changes to the rule of law itself in accordance with countryâ€™s values and interests. This article focuses on what exactly the substance of law and examines how such substance is understood by society. Furthermore, it analyses the application of such substance of law within the society and government organization. It further intends to enable articulating and emphasizing the law and its actual application in "the wholeness" and "helix"Re-conceptualization of conductive-correlative law substances to the understanding and meaning of the law as a norm that has social moment is necessary. The urgency to reconsider the construction of law substances is encouraged by the real fact, which law has deceived into supporting the power abuse, corruption, collusion and nepotism.This research argues that law is not just a normative abstraction, but also in its form as the totality of empirical phenomena that exist in social entities. Law should be understood in the sense of a dynamic, not static, and not general from the juridical elements. In the reformation era, only conceptual understanding that has the relevance.

A Review of Plea Bargain Concept in the Anti- Corruption War in Nigeria Adebayo, Akintunde
Brawijaya Law Journal Vol 5, No 1 (2018): Culture and Technological Influence in Regulation
Publisher : Faculty of Law, Universitas Brawijaya

This article aims to reviews corruption in Nigeria, theÂ plea bargain concept, the application of plea bargain in the war against corruption in Nigeria and concludes with recommendations. Corruption in Nigeria has become endemic. There is consistent desecration of societal values with serious economic and socio-political consequences. The Nigerian government over the years has put in place several measures to combat the menace called corruption. A number of anti-corruption agencies including Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices and other Related Offences Commission (ICPC), among others have been established in order to achieve this aim. In order to address the criticism and contentions associated with the concept under the EFCC Act, the Administration of Criminal Justice Act (ACJA) was enacted in 2015. ACJA makes elaborate provision for plea bargain so as to enhance quicker dispensation of justice and help in prison decongestion. This paper begins with brief description on anti corruption scheme established in Nigeria and endeavors to assess the strength of Nigeriaâ€™s effort in plea bargain in the war against corruption, effective implementation, and compliance

The Struggle of Becoming the 11th Member State of ASEAN: Timor Lesteâ€™s Case Windraskinasih, Mutiara; Afriansyah, Arie
Brawijaya Law Journal Vol 5, No 1 (2018): Culture and Technological Influence in Regulation
Publisher : Faculty of Law, Universitas Brawijaya

In March 4, 2011, Timor Leste applied for membership in ASEAN through formal application conveying said intent. This is an intriguing case, as Timor Leste, is a Southeast Asian country that applied for ASEAN Membership after the shift of ASEAN to acknowledge ASEAN Charter as its constituent instrument. Therefore, this research paper aims to provide a descriptive overview upon the requisites of becoming ASEAN Member State under the prevailing regulations. The substantive requirements of Timor Leste to become the eleventh ASEAN Member State are also surveyed in the hopes that it will provide a comprehensive understanding as why Timor Leste has not been accepted into ASEAN. Through this, it is to be noted how the membership system in ASEAN will develop its own existence as a regional organization.Â This research begins with a brief introduction about ASEANâ€™s rules on membership admission followed by the practice of ASEAN with regard to membership admission and then a discussion about the effort of Timor Leste to become on eof ASEAN member state.

THE AUTHORITY OF VILLAGE GOVERNMENT IN AFFIRMING BORDER MANAGEMENT (CASE STUDY OF GALANG ISLAND DISPUTE) Yulianti, Rina; Permadi, Iwan
Brawijaya Law Journal Vol 3, No 2 (2016): Contemporary Indigenous and Constitutional Issues: Transnational Perspective
Publisher : Faculty of Law, Universitas Brawijaya

Border Disputes related to territorial management between local Governments dominate the ongoing cases within the Ministry of Internal Affairs in Indonesia. This study aims to propose a model of a policy of border Disputes resolution using non-doctrinal legal research (socio-legal research). This research limited itself by looking at Galang Island, the which is disputed between the city of Gresik and Surabaya. To gain Appropriate analyzes, in depth interviews and secondary of data was conducted and collected both in Gresik and Surabaya. Furthermore, this research finds that the reason underpinned such Disputes lays on the weaknesses of village government in the territorial management proofing Formally they have been doing. It is submitted that in forming and affirming border delimitation, Indonesian Act Number 6 year 2014 on Village jo Ministry of Internal Affairs Regulation number 114 year 2014 can used as legal base.

JUDICIAL DECISION AND RETHINKING THE CONSTITUTIONAL PRINCIPLES CONCERNING TREATY MAKING POWER AND PROCESS OF THAILAND Umpai, Kiarttiphorn
Brawijaya Law Journal Vol 4, No 1 (2017): Constitutional Issues and Indigenous Rights
Publisher : Faculty of Law, Universitas Brawijaya

This paper aims to examine the treaty making power and process in recent constitutional provisions reforms in Thailand. It aims to analyze whether the constitutional provision has affected the treaty-making crisis. This study relied on the theory of the sovereignty of state exercised by the executive branch in compliance with the treaty making power concept, the separation of powers, and the checks and balances doctrine. The findings revealed that Thailandâ€™s constitutional amendment related to treaty making processes, proposing a negotiation framework approved by the legislative branch or public participation during a prior negotiation period, is not in compliance with the treaty making concept and state practices of foreign countries. However, Thailand has already reformed the constitutional provision. The implications are that there must be an amendment to the Constitution defining the processes and characteristics of treaties that shall be approved by the legislative branch

MODEL REGULATION FOR DATA PRIVACY IN THE APPLICATION OF BIOMETRIC SMART CARD Dewi, Sinta
Brawijaya Law Journal Vol 4, No 1 (2017): Constitutional Issues and Indigenous Rights
Publisher : Faculty of Law, Universitas Brawijaya

This article discusses the extent to which the use ofÂ biometric smart card as a tool to exercise the identification has been increasingly utilized due to its advantages, such as ability to achieve a high level of accuracy, the system cannot be easily duplicated as well as high level of security, since it involves biological characteristics like fingerprints, iris and DNA.Notwithstanding the foregoing, the use of this technology has raised many concerns with regard Â to the need of privacy data protection. Â It is due to the fact that biometrics technology as a powerful identifier brings along personal information that can be traced from different sources to be linked together, and also the ability of third parties to access this data in identifiable form and link to other informations and used this information for secondary uses without the consent of data subject.Data privacy is considered as fundamental human rights and has been regulated in a number of international instruments as well as regional instruments and has been incorporated into more than 100 national laws. Countries have now recognized data privacy either as an explicit constitutional rights, or in the form of comprehensive data privacy law.This article will explore data privacy model regulation which is intended to regulate and protect Â data privacy. ThisÂ regulatory modelÂ combining several approaches in managing data privacy, especially in using biometric smardcard. Firstly, through laws that enforces the principles and international standards. Secondly, through the market approach (market-based solution) which is derived through industry associations to help protect consumer data privacy by applying privacy policy in the form of a statement that the industry will protect consumers' privacy by implementing fair information principles. Third, through technological approach such as PET's (privacy enchasing technology), Â i.e the techniques for anonymous and pseudo-anonymous payment, communication, and web access. Fourthly, through corporate privacy rules.

THE IMPLICATIONS OF ASEAN ECONOMIC COMMUNITY (AEC) TO THE REGULATION OF COOPERATIVE SUPERVISION BY THE GOVERNMENT UNDER LAW NUMBER 25/1992 ON COOPERATIVE Suryokumoro, Herman
Brawijaya Law Journal Vol 4, No 2 (2017): Law and Sustainable Development
Publisher : Faculty of Law, Universitas Brawijaya

The applicability of AEC has a profound impact on the development of economic policy in ASEAN countries, including in cooperatives. This paper examines important aspects related to the effect of MEA on cooperative policy in particular on cooperative oversight/supervision by the government. The supervision of cooperatives in Indonesia experienced a shift from de-officialisasi towards autonomy or independence of cooperatives. It is argued that Law No 25 Year 1992 on Cooperative is silent on the government oversight regulation for cooperative. With the AEC government oversight should not be eliminated completely because supervision aims at ensuring the quality and the cooperative to compete in the free market of AEC. Thus, the Law No. 25 Year 1992 could no longer be used as a basis of reference to deal with AEC. This paper proposes that Indonesian Cooperative Board (Dekopin) should have jurisdiction in supervising cooperative. Such supervision is done by promoting the strengthening of the cooperative that maintains the identity of cooperatives.

Whoâ€™s Law is it Anyway? (A Comparison of Attitudes Towards Dispute Resolution in China and Taiwan, Through Australian Eye) Smee, Charlotte Ethel
Brawijaya Law Journal Vol 5, No 1 (2018): Culture and Technological Influence in Regulation
Publisher : Faculty of Law, Universitas Brawijaya

This essay aims to address the gaps in research by exploring how non-legal cultural backgrounds and historical contexts can affect how mediation is received in different legal systems. While there is never a discussion of cultural attitudes contributing to the relative success of ADR methods, the comparison reveals just how important culture is when examining legal process. Different legal system results in different perception of justice and thus it is important to identify lesson learn from different experiences and incorporate them into each system to better facilitate dispute resolution in own system.Case studies and legislation, as well as the study of how mediation processes are utilised effectively and are used to argue that culture is an important factor to consider when examining ADR processes. In order to investigate the role of culture in mediation process, this paper uses comparative analyses of mediation process in Australia, China and Taiwan.

The Roles of International Law on Technological Advances Latifah, Emmy; Imanullah, Moch Najib
Brawijaya Law Journal Vol 5, No 1 (2018): Culture and Technological Influence in Regulation
Publisher : Faculty of Law, Universitas Brawijaya

The study focuses on the roles of International Law in responding to the technological advances, particularly examining the International Law as a regulator on emerging technology. The technological advances, especially in the means and method of war and environmental issues, have been contributing to the development of International Law. It is a normative legal research using the secondary data including primary and secondary legal materials. While the primary legal materials consist of all the international agreement related to the development of technology both directly and indirectly, secondary ones included the references having correlation and support to the issues. The technique of analysis data used legal interpretation. The study concludes that as a regulator of technological advances, International Law has a role to play in regulating its development. Many facts showed that International Law has capability to respond to the challenges.Â However, the scope and application of International Law is subject to a number of limitations inherent the nature of International Law itself.

ROHINGYA MINORITY IN MYANMAR BETWEEN THE RELIGIOUS PERSECUTION AND THE REALITY OF CONSTITUTIONAL PROTECTION. Driss, Bakhouya
Brawijaya Law Journal Vol 3, No 2 (2016): Contemporary Indigenous and Constitutional Issues: Transnational Perspective
Publisher : Faculty of Law, Universitas Brawijaya

Â Â Â The government's performance in the State of Myanmar raises questions about the reality of its position on what is happening to the range of its citizens who are Muslims Alrohengjian, it bear full responsibility for the protection and preservation of their rights. Despite the government's signing of Myanmar on the international agreements and conventions on human rights, despite its stated commitment to the protection of human rights and the promotion of democracy and the rule of law; the government has not taken any real action to protect the Rohingyas and address violence or stop racist policy of ethnic cleansing, which govern the Muslims of Rohingya by Buddhist extremists.Â Â Â Â Â We will discuss in this paper what is really happening to the Muslims Alrohengjian in Myanmar, especially in the recent wave of persecution and ethnic cleansing against them, and we are exposed to historical backgrounds of these crimes and the role of internal constitutional provisions and the provisions of international conventions on the protection of this vulnerable minorityÂ

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