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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 4, No 2 (2017): Law and Sustainable Development" : 7 Documents clear
THE EMBODIMENT OF EFFICIENCY-JUSTICE PRINCIPLE IN INDONESIAN RETAIL REGULATIONS Tulandi, Edwin Steven; Suhariningsih, Suhariningsih; Sihabudin, Sihabudin; Winarno, Bambang
Brawijaya Law Journal Vol 4, No 2 (2017): Law and Sustainable Development
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (39.947 KB) | DOI: 10.21776/ub.blj.2017.004.02.01

Abstract

Retail regulations is one of national sector which is impacted by globalization on the legal aspects in Indonesia. The dynamics of the traditional retail (traditional market and mom and pop store) management in some areas tend to have an orientation on increasing local revenue which can be seen in the management of irregular traditional market management and transition of traditional market to the private sector. On the other hand, the proliferation of modern retail which is side by side with traditional retail is a form of arrangement that is not in accordance with the retail 's designation/purpose. This indicates that the efficiency-justice principle that aims to create a balance turns more to the efficiency of the exclusion of justice for traditional retail. This paper aims to analyze the embodiment of Efficiency-Justice Principle in Indonesian Retail Regulations. The method used in this research is normative-juridical method, which analyze existing national retail regulations. It proposes appropriate method in embodying Efficiency-Justice Principle in Indonesian Retail Regulations.
THE CHALLENGES OF INTERNATIONAL AIR LAW PRINCIPLES IN GLOBALIZATION ERA Kusumaningrum, Adi
Brawijaya Law Journal Vol 4, No 2 (2017): Law and Sustainable Development
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (360.651 KB) | DOI: 10.21776/ub.blj.2017.004.02.07

Abstract

The concept of state’s sovereignty had become one of debatable issues within the international law studies during the 20th century. International air transport has always been one of the most regulated of industries of globalization. Therefore, airspace sovereignty no escape from the challenges of globalization. This regulatory system has been changing recently because of worldwide initiative that have paved the way for enhancing air transport liberalization. This is why numerous models have been hypothesized for a new (multilateral) aviation order to supersede bilateralism, which still remains the primary vehicle for liberalizing international air transport service for most states. This study intends to discuss about the basic principles of international airspace law that frequently facing challenges in the globalization era. In the last few decades is that the economic aspects of airspace sovereignty have dominated change, or the lack thereof, in the international air sovereignty regime. In addition, there are many challanges in politic and law. In the context of Indonesia airspace challanges, in the near future, it is needed to revitalize the function of the strong regulation. This can be started by re-evaluating the regulations that is continued by the arrangement of the anatomy of the setting that is comprehensive, systematic, careful, effective and also efficient based on two importance that are prosperity and security.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (364.015 KB) | DOI: 10.21776/ub.blj.2017.004.02.03

Abstract

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 country’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.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (454.343 KB) | DOI: 10.21776/ub.blj.2017.004.02.04

Abstract

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.
THE SEPARATION OF POWERS, ROLE OF THE PRESS AND THE EMERGENCE OF ONLINE MEDIA IN CHINA AND TAIWAN Smith, Kaaden
Brawijaya Law Journal Vol 4, No 2 (2017): Law and Sustainable Development
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (577.629 KB) | DOI: 10.21776/ub.blj.2017.004.02.05

Abstract

Despite sharing a common culture over thousands of years, the modern stance of the Chinese and Taiwanese governments relating to the separation of powers and human rights has taken a drastically different path over the past seven decades. This paper begins with a brief introduction to traditional Chinese jurisprudence and how it has been shaped in recent times by the emergence of Western legal principles.It further examines the correlation between the separation of powers and the diversity of political discussion and level of regulation in the media of the People’s Republic of China (‘PRC’ or ‘China’) and the Taiwanese Republic of China (‘ROC’ or ‘Taiwan’), and how the constitutional and legislative provisions of each address these concepts and how they reflect international treaties adopted by each government. The emergence of online media to further demonstrate the different stances taken by the PRC and ROC on the adoption of these Western principles is analysed. Finally, the paper will examine the international criticisms the PRC and ROC face for their practices regarding media censorship. The paper suggests that maintaining a separation of powers is crucial in order to uphold a free, independent press.
RADICALIZATION IN THE TEACHING RELIGION AND ITS RELATIONS WITH CRIMINAL ACTS OF TERRORISM Hasibuan, Hoiruddin; Sudarsono, Sudarsono; Nurjaya, I Nyoman; Sugiri, Bambang
Brawijaya Law Journal Vol 4, No 2 (2017): Law and Sustainable Development
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (369.736 KB) | DOI: 10.21776/ub.blj.2017.004.02.02

Abstract

The criminal act of terrorism is a crime against humanity, human civilization and constitute a serious threat to the integrity and sovereignty of a nation. In fact, terrorism can be a threat to a state security and sovereignty as well as world peace.It is argued that one of the main causes of criminal acts of terrorism is radicalization. Thus, this paper seeks to analyze the casual link between radicalization and terrorism. This paper determines to what extent does the radicalization affected the criminal acts of terrorism. This research uses a juridical normative method by analyzing legal instruments relating to terrorism and seeks to analyze the reason behind the provided rules.This paper submitted that while radicalization affected terrorism, de-radicalization is urgent in responding to terrorism. This paper also proposes how de-radicalization works in preventing terrorism.
MADE BY CHILDREN: THE EXPLOITATION OF CHILD LABOUR IN AGRICULTURE, INDUSTRY AND THE SERVICE SECTOR IN MAINLAND CHINA Nguyen, Cindy
Brawijaya Law Journal Vol 4, No 2 (2017): Law and Sustainable Development
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (484.558 KB) | DOI: 10.21776/ub.blj.2017.004.02.06

Abstract

This research essay examines the exploitation of child labour in agriculture, industry and the service sector in Mainland China. Child productivity in China has historically been essential to the survival of the family. However, the globalized environment has drawn emphasis to the reality that children are exploited and subject to dangerous work conditions. The aim of this research is to analyse the international legal framework and human rights conventions safeguarding the rights of the child. This involved the primary analysis of the Convention on the Rights of the Child, the Minimum Age Convention, the Universal Declaration of Human Rights and the Worst Forms of Child Labour Convention. The Procedure of the Conclusion of Treaties, Minors Protection Law, Provisions on the Prohibition of Using Child Labour, Regulations Banning Child Labour and Compulsory Education Law were critiqued to determine the effectiveness of China’s domestic legislation. The results demonstrated that child labour is currently not prohibited under China’s domestic law, a consequence of ineffective implementation of international treaties. To support this legal analysis, it evaluated academic research exploring the economic and cultural circumstances of China. It was found that globalization, rapid economic growth, a lack of education and social and cultural constructions of ‘child’ and ‘childhood’ further contributed to the existence of child labour. The significance of these findings is that it highlights the difficulty involved in changing legislation when the economic and cultural forces strongly dictate against it. Children are ultimately unable to access justice as effectively as their adult counterparts do within China’s legal framework

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