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INDONESIA
Brawijaya Law Journal
Published by Universitas Brawijaya
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Core Subject : Social,
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 5 Documents
Search results for , issue "Vol 3, No 1 (2016): Law and Human Rights Issues" : 5 Documents clear
ERROR: ESSAY NOT FOUND COMPARING CENSORSHIP IN CHINA AND SOUTH KOREA Nguyen, Quynh-Dan
Brawijaya Law Journal Vol 3, No 1 (2016): Law and Human Rights Issues
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (223.414 KB) | DOI: 10.21776/ub.blj.2016.00301.02

Abstract

Increasing use of Internet all over the world has made world’s communication borderless. While such condition might benefited most people, however, it invites greater risks of misinformation and opportunities for detrimental self-expression. State’s control has various degree of manners in controlling a massive flow of information. This paper will examine the current methods of internet control utilized by the governments of China and Korea, and analyze the extent to which these respective regimes impinge on the human right to freedom of opinion and expression. It begins with an overview on the international standards for freedom of expression, and the limited permissible restrictions upon the right. Furthermore, the examination of the existing legislation and regimes implemented in China and Korea, respectively, and a comparison of features such as legal grounds and practical effectiveness will be undertaken. Finally, it will discuss whether the censorship regimes implemented in China and Korea constitute legitimate restrictions upon, or impermissibly violate, the right to freedom of expression.  
FREEDOM OF SPEECH IN INDONESIAN PRESS: INTERNATIONAL HUMAN RIGHTS PERSPECTIVE Staples, Clara
Brawijaya Law Journal Vol 3, No 1 (2016): Law and Human Rights Issues
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (115.868 KB) | DOI: 10.21776/ub.blj.2016.00301.03

Abstract

This paper will firstly examine the international framework of human rights law and its guidelines for safeguarding the right to freedom of speech in the press. Secondly, it will describe the constitutional and other legal rights protecting freedom of speech in Indonesia and assess their compatibility with the right to freedom of speech under the international human rights law framework. Thirdly it will consider the impact of Indonesia’s constitutional law and criminal and civil law, including sedition and defamation laws, and finally media ownership, on the interpretation and scope of the right to freedom of speech in the press. Consideration of these laws will be integrated with a discussion of judicial processes. This discussion will be used to determine how and in what circumstances the constitutional right to freedom of speech in the press may be facilitated or enabled, or on the other hand, limited, overridden or curtailed in Indonesia. Conclusions will then be drawn regarding the strengths and weaknesses of Indonesian laws in safeguarding the right to freedom of speech in the press and the democratic implications from an international human rights perspective. This inquiry will be restricted to Indonesian laws in existence during the post-New Order period of 1998 to the present, and to the information and analysis provided by English-language sources.
INDONESIAN LAW REFORM AND THE PROMOTION OF JUSTICE: AN ANALYSIS OF LAW REFORM IN THE POST-SOEHARTO PERIOD McGuire, Hannah
Brawijaya Law Journal Vol 3, No 1 (2016): Law and Human Rights Issues
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (120.044 KB) | DOI: 10.21776/ub.blj.2016.00301.04

Abstract

This paper focused on law reform in Indonesia post-Soeharto period. It analyses whether the promotion of justice has been conducted. It aims to analyse whether the law reform during the reign of B.J. Habibie impeded on the promotion of justice. This paper takes the position that the promotion of justice was absent during Soeharto’s presidency, and through an analysis of five law reforms introduced after his downfall - No. 2 of 1999 on Political Parties, No. 3 of 1999 on General Elections, No. 28 of 1999 on Corruption, Collusion and Nepotism, No. 31 of 1999 on the Eradication of Corruption and No. 39 of 1999 on Human Rights. It is argued that that the laws introduced during the Post-Soeharto era did not see to the complete promotion of justice.
CAPITAL PUNISHMENT IN THE PERPECTIVE OF NON DEROGABLE RIGHTS Noerdajasakti, Setiawan
Brawijaya Law Journal Vol 3, No 1 (2016): Law and Human Rights Issues
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (90.3 KB) | DOI: 10.21776/ub.blj.2016.00301.01

Abstract

Capital punishment is still exist as one of kind punishments in Indonesia. The existence of capital punishment is based on the Penal Code and other laws. On the other hand, however, according to Constitution 1945, MPR Decree Number XVII/MPR/1988 on Human Rights and Law Number 39 / 1999 on Human Rights, the right to live cannot be limited under any circumstances (non derogable). Capital punishment and the right to live as the right that cannot be limited under any circumstances (non derogable) are contradictive. This contradiction results a conflict of norm between legislations that legalize the existence of capital punishment and legislations that legalize the existence of the right to live.  Solutions should be resulted to solve the conflict of norms.
THE ROLE OF THE VILLAGE IN FOREST MANAGEMENT: HUMAN RIGHTS PERSPECTIVES Setiawan, Hary; Wisnuaji, Adam; Rif'an, Mohamad
Brawijaya Law Journal Vol 3, No 1 (2016): Law and Human Rights Issues
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (168.626 KB)

Abstract

1945 opening noble nation Indonesia is an agreement to live together (modus vivendi) in bonding the plural nation. The Modus Vivendi, has given birth to the state's objective, which is the nation's identity and guidelines in their stride. Thus, the constitution has mandated the State to be responsible for the welfare of the people. Indonesia has the second largest tropical forest in the world with high economic value that can be managed by the state and society. This allows for the utilization of various types of plants and economic aspects of the utilization of forest products. In preparation result is a pity forests is not optimal either with intensive and with many requests deforestation or forest land conversion. Deforestation well planned and unplanned forest. On the other hand, Indonesia which acknowledges the existence of the village government and the empowerment of the rural community empowerment which is a process for making the community to improve the quality of life for the better is weak then the need for the existence of the role of government in the village of Village forest management as one of the rights of the villagers. The type of research is normative juridical. Hence this paper initiated a grand design Village forest management to complete the processing and utilization of forest products that are integrated with the role of the village government as a system intended to pengoptimalam supply chain production as one of the important indicators of development and resilience of economies in each region using variable results income forests as principal.

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