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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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Institutional Policy in Land Procurement Under The Omnibus Law Regime Kuswahyono, Imam; Ula, Hikmatul
Brawijaya Law Journal Vol 7, No 1 (2020): Contitutional Issues: Economic, Social and Cultural Rights
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.01.02

Abstract

The legal culture procedure with socio-legal analysis will be able to answer the fundamental questions in the problems of practices of land procurement for public interests, in particular the issue of compensation. The crucial issue of compensation within the implementation of the policy of land procurement regards the non-equivalence of land value, both utility value and economic value of structures and landscapes, to the monetary compensation. The use of the legal culture approach is to provide answers and implement them to resolve issues of land procurement for public interests in the omnibus law regime to maintain justice to landowners and preserve the environment. The correlation of the cultural approach and activities of land procurement is that culture refers to the target of the national conscience, and the cultural approach based on the growth mindset will result in wisdom and nobility of the decisions of public officials to prioritize the people rather than interests of investment. The government must choose to renegotiate the policy of enacting the Law of Employment Creation, which is judged by the greater public to conflict with the spirit and mandate of the Preamble and contents of the 1945 Constitution. It needs renegotiation between the state and people by discussing in-depth the legal substance of the law is not performed, and then the law in question must have its enactment firmly rejected.
Gashb and Itlaf Arrangements in KHES and Authority of Justice (Review of Chapter XV of Book II of KHES) Sufiarina, Sufiarina; Sudrajat, Herman; Mahmud, Hamidullah
Brawijaya Law Journal Vol 7, No 1 (2020): Contitutional Issues: Economic, Social and Cultural Rights
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.01.09

Abstract

As a guide for judges in the Religious Court, the Supreme Court has issued Perma No.2 of 2008 concerning the Compilation of Sharia Economic Law (KHES). It contained Gashb and Itlaf, in Book II about the Covenant, whereas Gashb and Itlaf have interpreted as deprivation and destruction. Briefly, Gashb and Itlaf seem to be an offence because of the phrase taking or destroying someone else's property. Offence in the field of Islamic economics is the absolute authority of the State Court. For this reason, it is necessary to examine whether Gashb and Itlaf included in the context of Islamic economics. It also needs to be examined whether Gashb and Itlaf are the absolute authority of the Religious Court. Normative juridical research carried out by discussing Book II of KHES, specifically Chapter XV. It then analysed with the absolute competence of the Religious court, the provisions of Article 49 of the Law of Religious Court. The analysis complemented by a study of legal principles in Islamic economics. Comparisons also made with the concepts of legal relations in the Civil Code, especially regarding the binding and offence in the Criminal Code.The research results of Gashb and Itlaf do not originate from the contract and do not include business activities with Islamic economic principles. Thus Gashb and Itlaf are not included in the absolute authority of the Religious Court. Gashb and Itlaf are not intended as offences because the sanctions are compensation claims. Claims are filed based on lawsuits that violate the law and become the absolute authority of the State Court. Placement of Gashb and Itlaf in KHES is wrong because it does not include Islamic economic activities, so it must have removed from KHES.
An Assessment of the ‘Lawfulness’ of Use of Force as Dispute Settlement Method Rahman, Md Mustakimur; Tushi, Mohsina Hossain
Brawijaya Law Journal Vol 6, No 1 (2019): Alternative Dispute Resolution
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2019.006.01.03

Abstract

Public international law has been developing and working with international humanitarian law & international human rights law together. As it developes, international law is renovating its nature from softer to harder. Although it is a great achievement to see that international (criminal) law has the influence to deal with some particular international criminals, however, the world is still far beyond from its ambition. Sometimes states are behaving very unusual against other states and using force for various reasons. While using force against other states is prohibited under Article 2(4) of the UN Charter. Nevertheless, states can use force under Article 51 if it is necessary for self-defence and only if it is approved by the Security Council under Chapter VII of the UN Charter. However, it is a question of fact that how a state can use force(s) and how it will be legitimate under several international laws? Hague law prohibits the use of new weapons and engine in the war because it seems disproportionate and unnecessary while the UN Charter is silent about the method of using force. Hence, it seems not clear that how a ‘force’ would be measured and will pass the ‘legality’ test. The indicator, thus remain unclear and very subjective.
Discourse Interpretation of Public Policy in the Context of Enforcement of Foreign Arbitral Awards in Indonesia Saraswati, AAA Nanda; Hidayat, Choirul
Brawijaya Law Journal Vol 6, No 1 (2019): Alternative Dispute Resolution
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2019.006.01.04

Abstract

The use of the concept of "public policy" by the national judiciary as a basis for the refusal of recognition and enforcement of foreign arbitral awards leaves an issue in the Indonesian judicial system. The main problem often questioned by the international community is that Indonesia refuses to enforce and even reject foreign arbitral awards on the grounds of violating public policy. This paper aims to analyze the interpretation of the concept of public policy used by judges as one of the reasons for the refusal of the recognition and enforcement of foreign arbitral awards and whether such interpretation is in accordance with international standards. The results shows that Indonesian courts tend to use a "domestic" approach when interpreting public policy namely as a provision and principles of law and national interests, rather than the international standard approach. Such approach have raised a number of critics from other countries. Not only because it is not in accordance with the values and principles of international law, but the interpretation is considered not to prioritize the purpose of the New York Convention, namely facilitating the recognition and enforcement of foreign arbitral awards
Access to Justice through Legal Aid in Nigeria: An Exposition on Some Salient Features of the Legal Aid Act Adebayo, Akintunde Abidemi; Ugowe, Anthonia Omosefe
Brawijaya Law Journal Vol 6, No 2 (2019): State Regulations and Law Enforcement
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2019.006.02.02

Abstract

According to Black’s Law Dictionary, justice is the fair and proper administration of law.  Similarly, access to justice is the ability to make use of the courts and other relevant institutions to efficiently protect and enforce rights.  Access to justice is imperative in every society. People will access justice only if the proper situation creates.  In a bid, to remove this major barrier in accessing justice, the Legal Aid Council of Nigeria was established in 1976.   The concept of legal aid means the provision of free legal services to the indigent and underprivileged members of the society. Its importance and cannot be overemphasized particularly considering the level of illiteracy and poverty which are considered on the high side in Nigeria. Hence, in 2011, the Legal Aid Act 2011 was enacted.  The birth of the Act repealed the old Act. This article analyses 3ethe provisions of both Acts with emphasis on the innovations of the new Act to promote access to justice and concludes with recommendations. Concerning the Council, it finds that there is a need for better funding and engagement of more salaried lawyers in order to enable it to carry out its functions as the Council is grappling with the challenge of underfunding and recruitment of more hands to work towards the achievement of its set objectives, among others.
Urgency of the Contempt of Court Criminalization Policy to Overcome Harassment Against the Status and Dignity of Courts Disemadi, Hari Sutra; Roisah, Kholis
Brawijaya Law Journal Vol 6, No 2 (2019): State Regulations and Law Enforcement
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2019.006.02.07

Abstract

In Indonesia, many cases that occur related to contempt of court and law enforcement have occurred. The issue of Contempt of Court in Indonesia is a problem that is both interesting and complicated in its conception and regulation. Until now, in Indonesia, no provisions specifically regulating the Contempt of Court institutions. This completed study uses a normative juridical research method that prioritizes secondary data. This research addressing the legislation governing the Contempt of Court specifically until now still does not yet exist. However, the general arrangement has happened in the Criminal Code. Contempt of Court can occur both in the courtroom and outside the trial both in criminal, civil and industrial relations cases. Increasingly expanding various actions, which can be categorizing as contempt of court in Indonesia, it is necessary to arrange Contempt of Court in the form of separate rules
Gender Discrimination, Disability and Legal Reforms: Revisiting the Evidence Roy, Subir Kumar
Brawijaya Law Journal Vol 7, No 1 (2020): Contitutional Issues: Economic, Social and Cultural Rights
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.01.03

Abstract

This article intends to discuss how gender affects women’s and men’s experience of disability and their basic human rights. It discusses at length about the Feminist Disability Study and its relation with the feminist study to find out a clear conception about the gender disability. This article arduously searches whether the Issues of disability has any linkage with the theory of right and exclusions or it is a kind of cultural interpretation of human variation. Disabled woman suffers double discrimination which is quite different from the experiences of a disabled man. This article intends to critically scan the whole International legal mechanism and the Indian legal system relating to the disability of women and also suggests how to improve the situation. The approach of the article is primarily doctrinal based on an analysis of comparative legal structure, policies, governmental documents, judicial pronouncements, etc. This article advocates in favour of collaborative governance to address the issue of Women’s disability properly.
Regional Economic Development Strategy: Increasing Local Generated Domestic Revenue of the Regional-Owned Enterprises in the Oil and Gas Sector Qurbani, Indah Dwi; Sumarno, Theresia; Cassy, Retno W. N
Brawijaya Law Journal Vol 7, No 1 (2020): Contitutional Issues: Economic, Social and Cultural Rights
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.01.05

Abstract

This paper illustrates how to develop a local development strategy in the establishment regulation of regional enterprises in the oil and gas sector in Bojonegoro District, Indonesia. This paper focuses on the locally generated domestic revenue in Bojonegoro, which have believed to be one of the most important strategies in their economic development. The oil and gas sector has contributed to almost 50% of the regional economic growth in Bojonegoro. However, the community in the region has not yet received an optimal benefit from the contribution as this sector only contributes 4.6% for its local employment in 2018 in comparison with the agrarian sector which contributes 36% for its local employees. The legal research conducted in this paper is juridical normative research by emphasising the establishment arrangement of the oil and gas regional enterprises to increase the locally generated domestic revenue from the sector. According to the Ministry Regulation of Ministry of Energy and Mineral Resources (MoEMR) Republica of Indonesia No. 1, 2008 on Guidelines for the Exploitation of Petroleum Mining in Mature Field stated that any Local (Village) Enterprise Unit (“KUD”) or Regional Local Enterprises (“BUMD”).  
Modus of Girls Trafficking in Bongas Indramayu: Victimology Perspective Hamja, Hamja; Sulistio, Faizin
Brawijaya Law Journal : Journal of Legal Studies Vol 8, No 1 (2021): Contemporary Issue in Private Law
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.01.08

Abstract

The Regency of Indramayu has been stigmatised as a land of trafficking of women and children, not only at national level, but it has also transcended overseas. This research is aimed to seek deeper into the perspective of the victims from Bongas, Indramayu regarding their involvement in the trafficking. This research employed case study method and field observation based on descriptive-analytical approach. This research reveals that the majority of the people in Indramayu are living in the breadline, and they are mostly poorly educated. Women in Indramayu are even denounced as the breadwinner, or locally called as “luruh duit” or rushing for money, and this term is inappropriately interpreted; women are burdened with the responsibility to raise the economic status of the families by working in big cities. The culture of earning money by migrating to big cities is seen as a chance for human trafficking. This research also suggests some strategies such as co-assisting and developing the program to identify, rehabilitate, and reintegrate the victims of the crime.
Quo Vadis Legal Protection for Children Recruited as Child Soldiers in Areas of Armed Conflict in the Context of International Law Suryokumoro, Herman; Ikaningtyas, Ikaningtyas; Muafi, Mochamad
Brawijaya Law Journal Vol 7, No 2 (2020): Contemporary Legal Issue in Children and Women Protection
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.02.08

Abstract

The objective of this research is to analyze legal protection of children who become child soldiers in areas experiencing armed conflict. Various international legal instruments that regulate the prevention, protection, and even enforcement for violators of certain international legal instruments on the recruitment of children as child soldiers have actually not been able to reduce the number of children who become victims in armed conflict, particularly those who are directly involved as child soldiers. This is because normatively, there are still some problems on the uniformity of definition of children age as well as the classic problem of the binding power of all related international legal instruments, being whether or not they create compulsory obligation. Legal protection for children who are recruited as child soldiers must be implemented because in the perspective of human rights, the right of children to live safely and comfortably for their proper growth and development is a fundamental right that must be complied by all states (ius cogens). If a state does not grant protection, and even allows children to be directly involved in armed conflict, then international legal sanctions may be imposed.

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