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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 2 (2020): Contemporary Legal Issue in Children and Women Protection" : 9 Documents clear
Quo Vadis Legal Protection for Children Recruited as Child Soldiers in Areas of Armed Conflict in the Context of International Law Suryokumoro, Herman; Ikaningtyas, Ikaningtyas; Muafi, Mochamad
Brawijaya Law Journal Vol 7, No 2 (2020): Contemporary Legal Issue in Children and Women Protection
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.02.08

Abstract

The objective of this research is to analyze legal protection of children who become child soldiers in areas experiencing armed conflict. Various international legal instruments that regulate the prevention, protection, and even enforcement for violators of certain international legal instruments on the recruitment of children as child soldiers have actually not been able to reduce the number of children who become victims in armed conflict, particularly those who are directly involved as child soldiers. This is because normatively, there are still some problems on the uniformity of definition of children age as well as the classic problem of the binding power of all related international legal instruments, being whether or not they create compulsory obligation. Legal protection for children who are recruited as child soldiers must be implemented because in the perspective of human rights, the right of children to live safely and comfortably for their proper growth and development is a fundamental right that must be complied by all states (ius cogens). If a state does not grant protection, and even allows children to be directly involved in armed conflict, then international legal sanctions may be imposed.
Law Protection Mecanism of Wage Equality for Women Worker: Indonesian Law and Human Right Perspective Sukarmi, Sukarmi; Ganindha, Ranitya; Umar, Azahlia
Brawijaya Law Journal Vol 7, No 2 (2020): Contemporary Legal Issue in Children and Women Protection
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.02.02

Abstract

Women labours in Indonesia still experiencing wage discrimination with male labours for works of equal value. Indonesia's efforts to provide protection against discrimination in wage for women labor is by ratifying ILO Convention No. 100 of 1951 and the CEDAW Convention 1979. This journal aims to find out the form of Protection of Wage Discrimination for women labours in Indonesia in accordance with the mandate of the ILO and CEDAW Conventions and the Protection Mechanism of wage discrimination given by Indonesia to women labours. This journal is a normative study, with a statute approach and a conceptual approach. This journal analyzes that the form of Protection of Wage discrimination Against women labours in Indonesia is through legislative action through ratification of ILO Convention No. 100 of 1951 with Law No. 80 of 1957 concerning the approval of ILO Conventions No. 100 Regarding Wages for Men and Women for Work of Equal Value, especially those contained in Article 1 letter (b) and Article 2, the ratification of CEDAW through Law No. 7 of 1984 concerning Ratification of the Convention Concerning the Elimination of All Forms of Discrimination Against Women especially those contained in Article 11 Letter (d), Law No. 13 of 2003 concerning Employment specifically regulated generally in Article 5, Article 6, and Article 88 Paragraph (3) Letter (i). This journal finds that Indonesia does not yet have regulations that contain special protection mechanisms for wage discrimination provided by Indonesia to women workers in the form of sanctions, reporting mechanisms or special supervision of discriminatory practices, which are not yet regulated either in the Employment Act or the Law ratified by the Convention ILO and CEDAW.
Victimization of Women in Prisons: A Comparative Analysis of India and Indonesia Parul, Parul; Luvleen, Luvleen
Brawijaya Law Journal Vol 7, No 2 (2020): Contemporary Legal Issue in Children and Women Protection
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.02.09

Abstract

Prisons have become a world of their own, and women are its new citizens. There have been many studies on incarcerated as a result of the growing numbers of women in prisons, and feminist studies. The on-going reconstruction of literature on this subject has given rise to a new question as to whether we should consider women in prisons, as victims in need of protection, or has this narrative changed?This article unfolds as follows: The first section delves into the conceptual development of sexual rights of women in the international sphere, focusing specifically on women in prisons. Subsequently, the second section analyzes in detail various studies, articles and news reports on the subject of sexually abusive treatment of women inmates offering a brief overview of the concerns in India and Indonesia. The methodology adopted for this article is primarily doctrinal, for the comparative analyses of the rights available to women inmates under various national and international legal instruments.
Legal Protection for Women Drivers in the Gig Economy: Evidence from Tulungagung, East Java Zulfiyan, Ahmad
Brawijaya Law Journal Vol 7, No 2 (2020): Contemporary Legal Issue in Children and Women Protection
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.02.05

Abstract

In patriarchal society, women tend to be vulnerable. This is caused by the existence of a hierarchical view that considers women lower position than men, even at work. This study aims to find out how the legal protection for Grab women drivers in the gig economy. The method used in this study is empirical-qualitative with a feminist approach. Data were collected through in-depth interview, literature study, and the internet. The data in this study were analyzed using the Miles and Huberman model which includes data reduction, display, and conclusion drawing. The results of this study showed that, in the gig economy, the relationship between Grab as an online transportation service provider and the drivers that they call 'mitra' cannot be categorized as an employment relationship. The implication is that the rights stated in Act Number 13 of 2003 concerning Labor cannot be obtained by drivers. In the context of women drivers, they face various legal protection constraints such as limited job security, double burden, gender stereotypes, and sexual harassment.
Protection of Interests of Children: The Roles of Religions and Legal Regimes Adebayo, Akintunde Abidemi
Brawijaya Law Journal Vol 7, No 2 (2020): Contemporary Legal Issue in Children and Women Protection
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.02.06

Abstract

Religion provides the basis for the protection of human rights, namely, right to life, dignity of human person, right to property, among others. Without prejudice or disrespect to other religions, this paper focuses on Christianity religion and protection of rights of children considering their vulnerability. To this end, the Holy Bible provides for measures to safeguard, protect and ensure the good as well proper upbringing of children. Similarly, the United Nations Convention on the Rights of the Child, OAU Charter on the Rights and Welfare of the Child and the Child Rights Act provide for protection of rights of children. The essence of these provisions is to ensure the smooth running of the society and betterment of humanity. Therefore, this paper examines the salient provisions to safeguard and protect rights and interests of children in Christianity as well as under the aforementioned legal regimes. It concludes that while not undermining the significant role of laws in the protection of rights of children, religion plays an augmenting role of protecting the interests of children by instilling in members of the society, the needed respect for humanity and morality which is mostly lacking in the modern era. It recommends among other things that, government at all levels as well as religious leaders should give priority attention to the protection of children. 
Gender Violence, Gender Justice and Gender-Based Laws: An Analysis of Pattern and Policies in India and Indonesia Tyagi, Neelam
Brawijaya Law Journal Vol 7, No 2 (2020): Contemporary Legal Issue in Children and Women Protection
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.02.01

Abstract

If we look at the status of women in a particular society, we can get a fair idea about its social organization and its standard. Violence against women is a challenge against the right to equality and an extreme form of violation of human rights. From ancient times to the modern era, women face discrimination, exploitation, and violence in every walk of their life, and this phenomenon is prevalent across all borders. Every civilized society tries to protect its members both in public and private spaces with the help of a set of laws and rights. Hosts of laws and beneficial legislation enacted to ameliorate women’s condition have failed to achieve the desired purpose due to the presence of several factors. Thus mere enactment of laws will not serve the desired purpose until they are effectively implemented and assertively claimed by women. This paper presents an analysis of the various forms of violence that women face throughout their life and lacunas in the laws made for dealing with them. It analyses the extent to which the women favoring laws in India and Indonesia prevents the frequency of their occurrence along with some recommendations for bringing about changes on this situation. 
Indonesian Children Protection against Commercial Sexual Exploitation through Siri Marriage Practices in Maqashid Al-Shariah Perspective Disemadi, Hari Sutra; Al-Fatih, Sholahuddin; Yusro, Mochammad Abizar
Brawijaya Law Journal Vol 7, No 2 (2020): Contemporary Legal Issue in Children and Women Protection
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.02.04

Abstract

In Indonesia, the development of the mode of commercial sexual exploitation of children has been carried out through the practice of siri marriage. Children who are vulnerable to sexual exploitation due to lack of literacy in children, economic conditions of the family, and because of the environment and social status. The study aims to examine the protection of children against commercial sexual exploitation through the siri marriage mode from the Maqashid Al-Shariah perspective. This research uses normative juridical research methods with the statutory approach and conceptual approach. This research shows that siri marriage based on Islamic law is permissible if it meets the requirements of marriage, but based on Indonesian national law, siri marriage is prohibited if the purpose is to obtain material benefits for parents or the party to marry off children at an early age. Siri marriage can be used as a criminal offense if done against a child. Whereas in the Maqashid Al-Shariah perspective, marriage with children through siri marriage is legal or permissible. However, the marriage will only produce part of the purpose of marriage, while other objectives in perspective Maqashid Al-Sharia tend to be ignored because early marriage is prone to psychological problems and lack of skills in the family. As a result, marriage is considered to have the risk of giving birth to a bad thing in the family which can reduce the noble values which are the main mission of Islam.
Developing Anti Domestic Violence Policy during Covid 19 Pandemic in Indonesia Purwanti, Ani; Setiawan, Fajar Ahmad
Brawijaya Law Journal Vol 7, No 2 (2020): Contemporary Legal Issue in Children and Women Protection
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.02.07

Abstract

COVID-19 (a new strain of corona virus) has been declared a global pandemic. In Indonesia, The measures announced over the past few months have drastically changed people's daily lives. However, there are negative, unintended consequences. As the virus continues to spread around the world, it brings many new stresses, including physical and psychological health risks, isolation and loneliness, the closure of many schools and businesses, economic vulnerability, and job loss. Through all of this, children and their mothers are very vulnerable (End Violence against Children, 2020) to the risk of domestic violence. Currently, Covid-19 is a serious threat to the human population on earth because even though it has a health security dimension, it has an impact on other security dimensions. This research concluded that the domestic violence, in gender mainstreamed legal studies, can be included as a threat to human security (human security) which is exacerbated by the pandemic. In the context of policy, Covid-19 requires the participation of various national and cross-country actors, countries and state actors in efforts to resolve it. In that category, the state needs to work with various non-state actors to eradicate domestic violence.
Judicial Exposition of Gender Justice as a Constitutional Mandate: A Narrative from India Gupta, Shipra
Brawijaya Law Journal Vol 7, No 2 (2020): Contemporary Legal Issue in Children and Women Protection
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.02.03

Abstract

The catalytic role played by the Indian judiciary in providing visibility to the ‘covert social prejudices’ against females has succeeded in alleviating the condition of women in our patriarchal society. This paper strives to highlight the proactive role played by the judiciary in recent years, addressing women concerns in a different light, which were hitherto unconditionally accepted with complacence. Purposive approach adopted by the judiciary in interpreting existing laws, manifests adherence to the constitutional mandate of gender equality. Further, an attempt has been made to identify the areas where judicial action has fallen short in bringing about real justice to women. The research is primarily based on the normative method presenting qualitative analysis of the constitutional and legislative provisions and their judicial exposition. The paper concludes that judicial creativity needs the backing of social acceptability to bring about real social transformation towards the constitutional mandate of gender justice.

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