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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 9 Documents
Search results for , issue "Vol 7, No 1 (2020): Contitutional Issues: Economic, Social and Cultural Rights" : 9 Documents clear
Functionalization of the Village Head as Customary Leader in the Social Field in South Sumatra Abdullah, Abdullah; Hasan, KN. Sofyan; Rumesten, Iza; Pasyah, Taroman
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.2020.007.01.04

Abstract

The presence of the New Order government has brought about changes in the lowest level of government, which fairly basic leads to some institutional unification and uniformity. This has resulted in the loss of legal community units in Indonesia. The loss of indigenous community units began with the beginning of Law Number 5 of 1979 on Village Governance as a follow-up to the birth of Law Number 5 of 1974 on the Principles of Government in the Regions. Correspondingly, in South Sumatra, the lowest institutional governance tool, which is also a territorial indigenous community unit called Marga was abolished through the Decree of the Governor of South Sumatra No.142/ KPTS/1983. With the abolition of the Marga, it implies the loss of a typical indigenous institution of South Sumatra, which was merged into the Village institution as stipulated in Law Number 5 of 1979 on Villages. As a result, all the lowest institutions in South Sumatra switched their names to villages including, their functions and authorities. The removal of the Marga government and being replaced with the Village, has resulted in the loss of social functions and the function of resolving disputes customarily manner in the community. The function shift of the village head was not necessarily the transfer of the authority of the pesirah Margahead to the village head in resolving arising problems in the community. As a result of this obscurity of the function, all arising problems in the community should resolve by the formal public law determined by the state. This results in an imbalance in the lowest community, including in villages in South Sumatra, to break the chain, the research framework has carried out to answer these problems.
Governing Blockchain-based Token in Indonesia: Legal and Technical Perspective Yun Santoso, Wahyu; Anggara Putra, Araya; Hendson Passagi, Jonathan; Rifky Hanindya, Yoda; Azura Tagar, Annisa
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.2020.007.01.08

Abstract

In the past decade, blockchain technology has caught the world's attention because of its disruptive nature in various industries. Along with blockchain adoption, blockchain-based token, or more popularly known as the "token", are widely used as a representation of a certain asset. In its development, blockchain innovators continue to encourage the birth of new tokens with more diverse attribution. From the regulator's point of view, the above gave rise to problems in the formation of regulations relating to tokens, mainly on its legality whether token will be determined as currency, securites, or commodity. If regulations still cannot catch up with the gap of technological advancement, this will actually hinder the development of blockchain technology in Indonesia.The token regulatory framework has been designed in several countries which have provided clear distinguishing characteristics for each type of token. However, in Indonesia, the absence of a clear and distinct definition of the types of tokens creates legal uncertainty for stakeholders. Therefore, this paper aims to give clarity to the legality of Blockchain-based tokens in Indonesia.
INTERNATIONAL PRINCIPLES OF SUSTAINABLE DEVELOPMENT AND THE CHALLENGES TO ENVIRONMENTAL RIGHTS ENFORCEMENT IN NIGERIA Murgan, Murtala Ganiyu A.; Ijaiya, Hakeem
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.2020.007.01.06

Abstract

Human existence in the environment with disregard for International Principles of Sustainable Environment has often led to overutilization of the nation?s natural and environmental resources, excessive gas flaring with consequences of global warming, flood, environmental degradation, desertification, water pollution, solid waste pollution, diseases and such conditions that violate human rights to a clean and healthy environment. Necessary International and National legal instruments as well agencies have also been put in place to overcome the above problems and enhance access to environmental justice for victims.  However, it observed that these instruments could still not save mankind from the threat to Sustainable Development and environmental rights. This paper examines the challenges to the enforcement of environmental rights on sustainable development in Nigeria. With the qualitative content analysis doctrinal method, the study concludes that the enforcement of human rights on environmental pollution is very poor in Nigeria. The challenges to enforcement of Environmental rights on sustainable development goals also identify with useful recommendations.
Piracy off The Coast of Indonesia: Potential Implications on The Craft Industry Anele, Kalu Kingsley
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.2020.007.01.01

Abstract

Piracy off Indonesia may implicate on craft, a significant non-oil foreign exchange earner in the country’s economic development. For instance, piracy may affect tourists’ use of cruise ships, the exportation of craft products, and the importation of raw materials and equipment for craft production in Indonesia. Consequently, it is imperative to repress piracy off the Indonesian coast. In determining the potential effects of piracy to craft, this paper addressed the linkages between piracy and craft with observed, that piracy may pose a threat to the Indonesian craft industry. Afterward, the causes and effects of piracy on Indonesia’s craft industry were interrogating. It was submitted that hijacking a cruise ship may have humanitarian and financial implications on the Indonesian craft industry.  The paper suggested measures to curb piracy off the Indonesian coast and argued, inter alia, that updated piracy legal regimes, strengthened institutional framework, and regional cooperation are central to combating piracy off the coast of Indonesia.
Examining on Indonesian Legal Challenges for Future Transnational Healthcare Service Kusuma, Febrian Indar Surya; Hermawan, Sapto
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.2020.007.01.07

Abstract

Facing the fourth industrial revolution, the state must strengthen its role to protect its citizens as a part of its efforts to provide social security. Indonesia as a nation also have to face this challenge, especially on the ability to provide healthcare and medication for their citizen neither they lived in the country nor stay overseas. This kind of issue has to be our concern because of our current situation in the globalization era force us to eliminate the national border and start to design transnational services to fulfill our basic needs. Therefore, this paper will conduct research that focuses on the healthcare and medication services in the South East Asia, especially a comparison between Malaysia and Indonesia’s government. Furthermore, this study will also give a brief preview of the 4.0 industrial revolution that brings the shifting of a new era for fulfilling a necessary healthcare service by using transnational big data. Through a social justice perspective and sociological law approach, the researcher uses social security theory that will lead us to reach the concept of the welfare state. This comparison will give us a larger image to see Indonesian government legal challenges and opportunities to provide a new form of healthcare services.
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.
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”).  

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