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Brawijaya Law Journal

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Published by Universitas Brawijaya

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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 9 Documents

Search results for , issue "Vol 5, No 1 (2018): Culture and Technological Influence in Regulation" : 9 Documents clear

Implementation of Resolution No. 4/2016 of the ICPO-INTERPOL Concerning Biometric Data Sharing: Between Countermeasures Against Terrorist Foreign Fighters (FTFS) and Protection of the Privacy of Indonesian Citizens Paripurna, Amira; Indriani, Masitoh; Widiati, Ekawestri Prajwalita
Brawijaya Law Journal Vol 5, No 1 (2018): Culture and Technological Influence in Regulation
Publisher : Faculty of Law, Universitas Brawijaya

This study aims to identify and explore the challenges in the implementation of Resolution No. 4/2016 of the ICPO-INTERPOL concerning sharing and exchanging biometric data among the members of ICPO-INTERPOL in order to counter terrorist foreign fighters (FTFs). This research also aims to elaborate and describe the mechanism of collecting, recording, storing, and exchanging biometric data conducted by the Indonesian government.The mechanism of collecting, recording, and storing biometric data works through 3 main doors, namely: 1) in the process of making electronic Residentâ€™s ID Cards (e-ID Cards); 2) in the process of making SKCK (Certificates of Police Record); 3) in the process of making e-Passports. In the implementation of Resolution No. 4/2016 of ICPO-INTERPOL, the most obvious obstacles and challenges are the absence of regulations concerning the protection of personal data, and also the fact that the biometric data system itself is still relatively new and the database is not fully developed. Until today, the INTERPOL National Central Bureau (NCB) for Indonesia does not have its own biometric database system; instead they are using the database that is centralized at Pusinafis Polri (the Indonesian National Policeâ€™s Center of Automatic Fingerprint Identification System).The results of the study reveal that the biometric data recorded, collected, and stored are big data, but so far in supporting law enforcement and crime prevention processes the data have only been used as comparative data. In addition, there have also been found indications of violations of personal data and privacy, for example in relation to the absence of mechanism for data retention, consent, processing, notification, and disclosure.

In Search of Remotely Piloted Aircraft Regulations State Practices and International Law Perspective What Indonesia can Learn? Uweh, Atip Latipulhayat; Ruhaeni, Neni
Brawijaya Law Journal Vol 5, No 1 (2018): Culture and Technological Influence in Regulation
Publisher : Faculty of Law, Universitas Brawijaya

Remotely Piloted Aircraft (RPA) has been used for different purposes, from hobby to military purposes. The rapid development of RPAâ€™s technology has made RPA regulations in most countries become more quickly obsolete. It is exacerbated by the fact that there is no agreed internationally RPA regulation so far, except an amendment of Annex 2 of the Chicago Convention 1944, which broadens the notion of aircraft to include RPA. This article identifies legal issues and models of RPA regulation in several countries and what Indonesia can learn and to look for an adequate and appropriate model to make the Indonesian RPA regulation, legally acceptable and technologically adaptable. This paper argues that the Chicago Convention, the model of RPA regulations in several countries, and the special interests of Indonesia as an archipelagic state are the three important elements that should be taken into account in the establishment of an appropriate and adequate Indonesian RPA regulation. This paper used normative method whcih analysing existing legal framework in RPA

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.

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.

Institutional and Legal Control of Gas Flaring in the Niger Delta Region of Nigeria Ijaiya, Hakeem; La-Kadri, Mutiat Abdulsalam; Jimoh, Maryam Bayero
Brawijaya Law Journal Vol 5, No 1 (2018): Culture and Technological Influence in Regulation
Publisher : Faculty of Law, Universitas Brawijaya

The emission of â€œgreenhouse gasesâ€ into the air has adverse effects on the environment. This study examines the effects of gas flaring on the Niger Delta Region of Nigeria. It analyses the institutional and legal framework that prevents gas flaring in the region. The paper appraises the effectiveness of the existing laws on gas flaring with a view to suggest viable means of reviewing the laws. The study found that continuous flaring of gas in the region over the last forty years has adversely bring about health challenges, climate change and loss of income in the region in particular and Nigeria as a whole. The study also found that the laws are too many and ineffective and that the regulatory institutions lack the necessary authority for their enforcement. The paper concludes that basic human rights can only be enjoyed in a pollution free environment. The paper therefore recommends amongst other that applicable laws should be amended, harmonized and domesticated where necessary.The study relies on primary and secondary sources of information like Constitution, Constitutional documents, Statutes, Judicial precedents, International Conventions and Treaties, Books, Journals and Internet materials. The information obtained through these sources was subjected to content analysis.

Fundamental Rights in Times of Emergency: Ataur Rahman vs Muhibur Rahman Revisited Rahman, Md Mustakimur
Brawijaya Law Journal Vol 5, No 1 (2018): Culture and Technological Influence in Regulation
Publisher : Faculty of Law, Universitas Brawijaya

This research analyses the Bangladeshâ€™ Court Decision on the case of Ataur Rahman vs. Mahibur Rahman with regrad to fundamental rights in times of emergency. It is argued that the decision of the court in Ataur Rahman vs. Muhibur Rahman is erroneous decision. This is because while Article 141C of Bangladesh Constitution gives the Presidnet the power to suspend certain fundamental rights, yet Articles 27 to 35 and 41 of the Constitution cannot be suspended. In Bangladeshâ€™s legal system, fundamental human rights are commonly viewed as a set of legal protections. Part III of the Constitution of Bangladesh has confirmed these rights for the citizens of Bangladesh. Some fundamental rights are even universally recognized rights which are contained in the United Nations Universal Declaration of Human Rights (UDHR), the UN International Covenant on Civil and Political Rights (ICCPR), or the UN International Covenant on Economic, Social and Cultural Rights (ICESCR). Article 4 of the ICCPR deals with the state of emergency and Article 4(2) provides a list of non-derogable rights. Such as the right to life, the prohibition of torture, slavery etc. These rights are completely non-derogable in nature and cannot be derogated at all including during a state of emergency. Furthermore the Apex court of Bangladesh tried to justify that the President can derogate any fundamental right during an emergency. Such a proposition is contradicting core parts of our Constitution as well as several international instruments.This research uses normative legal research with statute approach and case approach, especialy analysing Ataur Rahman vs. Muhibur Rahman case.

Protecting Privacy on Personal Data in Digital Economic Era : Legal Framework in Indonesia Rosadi, Sinta Dewi
Brawijaya Law Journal Vol 5, No 1 (2018): Culture and Technological Influence in Regulation
Publisher : Faculty of Law, Universitas Brawijaya

Within the last five years it is noted that the people of Indonesia has become more aware of their privacy on personal data since their personal data is being collected, distributed and disseminated without their prior consent bothÂ by the governmentÂ and businesses and their co-ventures . These businesses tend to commit violations by using and disseminating customersâ data without the consent of their respective customers. This article focuses on Indonesian legal framework on the Privacy on personal data. It is argued that although there is existing laws in the privacy on personal data, however, those legal framework still developed in very sectoral nature. It is submitted that the most suitable regulatory concept for Indonesia is a combination regulatory concept, or hybrid concept., which protect Indonesianâs and foreigner partiesâ interests privacy on personal data.Â To investigate existing laws in personal data protection, this research examines both national as well as international and regional legal framework in personal data protection. Comparison between Indonesia and the practice of other ASEAN states is also conducted to determine the most suitable approaches in addressing the protection of personal data.

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