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INDONESIA
Brawijaya Law Journal
Published by Universitas Brawijaya
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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 7 Documents
Search results for , issue "Vol 3, No 2 (2016): Contemporary Indigenous and Constitutional Issues: Transnational Perspective" : 7 Documents clear
PHYLOSOPHICAL AND CONSTITUSIONAL PROTECTION TOWARDS RELIGION IN INDONESIA Silfiah, Rossa Ilma; Luth, Thohir; Sugiri, Bambang; Aprilianda, Nurini
Brawijaya Law Journal Vol 3, No 2 (2016): Contemporary Indigenous and Constitutional Issues: Transnational Perspective
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (131.72 KB) | DOI: 10.21776/ub.blj.2016.003.02.04

Abstract

Legal protection on religion is certainty for a state with Pancasila principle. The first principle    the Divinity of the Only God has been spirit of the following points, as living guidance for Indonesian country.  The believing of    the Divinity of the Only God shows that the Indonesian Republic is religious based country by protecting freedom to have religion for its people.  This regulation has implication in governmental circle, that the country makes Religion Ministry as one of ministries that its existence has the same position to other state institutions.   The implementation of legal protection toward religion needs legitimating in the field of civil law, showed in issuing President   Decree   No. 1 of 1965 on the Preventing of    Misuse and/or Religion Staining. The existence of this   Decree  in Old Order has been legitimated  newly as a Law  by issuing the Law   No. 5 of 1969, thus the  President Decree has been added to the  Criminal Code, Act   156a.
TRANSNATIONAL ORGANISED CRIME IN INDONESIA: THE NEED FOR INTERNATIONAL COOPERATION Mitchell, James N
Brawijaya Law Journal Vol 3, No 2 (2016): Contemporary Indigenous and Constitutional Issues: Transnational Perspective
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (149.339 KB) | DOI: 10.21776/ub.blj.2016.003.02.05

Abstract

This article examines the growing infuence of transnational organised crime on the nations of South East Asia. Human trafficking, maritime piracy, terrorism and wildlife trafficking are major transnational crimes that cause significant harm to both individuals and national economies. This article examines the continuing domestic and international legislative, law enforcement and policy efforts of South East Asian nations to address transnational organised crime. it is concluded that to effectively counter transnational organised crime there is a need to employ international cooperation that is focused on addressing the unique factors of each crime.
THE FREEDOM OF RELIGION WITHIN A SYSTEM OF BASIC RIGHTS ACCORDING TO THE GERMAN BASIC LAW AND THE INDONESIAN CONSTITUTION Enders, Christoph
Brawijaya Law Journal Vol 3, No 2 (2016): Contemporary Indigenous and Constitutional Issues: Transnational Perspective
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (71.549 KB) | DOI: 10.21776/ub.blj.2016.003.02.01

Abstract

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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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (96.44 KB) | DOI: 10.21776/ub.blj.2016.003.02.02

Abstract

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.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (56.515 KB) | DOI: 10.21776/ub.blj.2016.003.02.07

Abstract

     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.     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 minority 
A COMPARATIVE STUDY OF THE LEGAL FRAMEWORKS FACILITATING INDIGENOUS LAND MANAGEMENT IN POSTCOLONIAL SOCIETIES: INDIGENOUS AUSTRALIA AND INDONESIAN ADAT LAW Boag, Carly May
Brawijaya Law Journal Vol 3, No 2 (2016): Contemporary Indigenous and Constitutional Issues: Transnational Perspective
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (162.523 KB) | DOI: 10.21776/ub.blj.2016.003.02.03

Abstract

Indigenous Land Management (ILM) encompasses traditional philosophies and practices of Indigenous people with contemporary scientific techniques to help improve the management and conservation of ecosystems. An effective legal framework for ILM promotes environmental justice by “protecting and fulfilling of human rights through legal empowerment of people”[1] through meaningful participation in environmental decision making from a regional to an international scale, acknowledgment of cultural differences and the equal distribution of environmental benefits[2]. Both Indonesia and Australia were colonised by European powers with devastating effects on the Indigenous people. Since the 1980’s there has been increasing international attention surrounding the lack of environmental justice accessible to Indigenous peoples around the world. Regional, national and international legal frameworks are in place in both Australia and Indonesia to promote globally recognised concepts of ILM, however there is a need for more cohesive and integrated approach at all levels of environmental governance. Although there are historical, cultural and economic differences between Australia and Indonesia as well as different legal ideologies, a comparative study of the different legal frameworks surrounding ILM will provide an insight into the benefits and limitations of divergent policy strategies and the best way forward for Indigenous peoples in the Asian-Pacific region.  
THE PRINCIPLE OF SUSTAINABLE DEVELOPMENT AND GOOD GOVERNANCE Roy, Subir Kumar
Brawijaya Law Journal Vol 3, No 2 (2016): Contemporary Indigenous and Constitutional Issues: Transnational Perspective
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (109.885 KB) | DOI: 10.21776/ub.blj.2016.003.02.06

Abstract

Sustainable development leads the society towards a new orientation and hammers on our cognitive faculty to see the perspectives of development in a new form which requires the radical change in social economic and political perspectives and thus gives birth of sustainable governance. Environmental governance is a precise term indicates towards the activities of various institutions and structure of authority related to protection of natural environment. Environmental governance and the sustainable governance are not same. The former aims to involve government, individuals, industries, civil societies, Internationals and non-governmental institutes in policy formulations and decision making process in environmental performances to face the challenges of the globalised world and to curb pollutant. On the other hand governance for sustainability is value based and advocates for the preservation of integrity of ecology of the Earth.  The approach of Sustainable governance is very specific and target oriented i.e. save the planate, promote human development and achieve universal prosperity and peace. But still we have not been able to achieve the above targets despite of having a number of conventions, treaties, and covenants etc. Furthermore the theme of ‘green economy’ of Rio+20 is a contested concept and the critiques apprehend that it may downplay the concept of sustainable development. Under the above backdrop this paper intends to scan the global initiative towards ensuring sustainable governance and will also make analysis that whether still the focus of the UN is pointed on sustainable governance or wandering in jugglery of brown and green economy.

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