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Brawijaya Law Journal
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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 8, No 2 (2021): State Administration Role in Establishing Constitutional Obligation" : 9 Documents clear
Covid 19 in the face of Contemporary International Law Norouzi, Nima; Ataei, Elham
Brawijaya Law Journal : Journal of Legal Studies Vol 8, No 2 (2021): State Administration Role in Establishing Constitutional Obligation
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.02.06

Abstract

The outbreak of Covid-19 is an international crisis that has been unprecedented for the past hundred years. The virus was first reported in Wuhan, China, in late 2019 and gradually spread worldwide. In such circumstances, the effectiveness of international law in protecting human lives and promoting the right to health has been severely tested. More importantly, in the words of Michel Bachelet (A UN official), the Covid-19 has become a benchmark for the international community. This article will analyze how international law deals with the Covid-19 crisis in several areas: First, the World Health Organization’s role as the main body responsible for protecting human healthcare in the face of the Covid-19 outbreak will be analyzed. Second, the international responsibility of States in guaranteeing the right to health will be assessed to determine the effectiveness of international law. Third, the suspension of human rights abuses due to the Covid-19 outbreak emergency will be tested in the international human rights system. Finally, the performance of the UN Security Council in dealing with this pandemic is examined. In each area, the question is to what extent the current structure of international law effectively deals with international crises and preserves human dignity.
Need for Revamping Information Technology Laws in India Walia, Ivneet Kaur; Kumar, Dinesh
Brawijaya Law Journal : Journal of Legal Studies Vol 8, No 2 (2021): State Administration Role in Establishing Constitutional Obligation
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.02.03

Abstract

Homo Sapiens have a distinct characteristic of being superior to other creatures. They owe this superiority not only because they have the power to reason and rationalize but also because they have a tendency to organize themselves as a congregation, which can work in a group at a large scale. The human instinct to improvise on its own inventions, have today resulted in mutation of a world from the stage of abacus to the era of Robotics. For the sake of avoiding chaos and maintaining the sovereignty, every nation strives to eradicate the fear of dominance by the selected elite and hence the need of regulations and the law. The aim of the paper is to highlight the grey areas and limitations existent in Information Technology Laws and focusing on the emerging domains of cyberspace. Its also aims to draw the attention by the policymakers and the legislators to understand the need for amending the Information Technology Act, 2000 for including legal provisions related to emerging issues in cyber space. The analytical research method is used to collect the data based on a systematic review of the existing sources of information and involved qualitative research to analyze the information. The conclusion and suggestions of this paper will definitely be helpful in either drafting or amending a comprehensive law relating to IT keeping in view the evolving technologies and their applications.
Fintech Remittance Syariah : The Solution of Collection Ziswaf Overseas Pati, Umi Khaerah; Tejomurti, Kukuh; Pujiyono, Pujiyono; Pranoto, Pranoto
Brawijaya Law Journal : Journal of Legal Studies Vol 8, No 2 (2021): State Administration Role in Establishing Constitutional Obligation
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.02.07

Abstract

Indonesian National Amil Zakat Board (BAZNAS) has collaborated with the largest and popular Indonesian payment gateways, e-commerce and crowdfunding fintechs such as ovo, Gojek, Kitabisa.com, Tokopedia.com etc. to optimize the collection of Islamic social funds like  Zakah,  infaq (charity spending), waqf (endowment) and sadaqah (voluntary charity) or usually called ZISWAF by depositing Rupiah currency into the e-wallet platform. However, fundraising cross-border ZISWAF stated in Article 16 Law No. 23/2011 on Zakat Management is carried out by Baznas by forming UPZ representatives of the Republic of Indonesia abroad.  The power of fintech that might be operated on global scale can be an alternative for ZISWAF international friendly transfers. Based on the Islamic Finance News (IFN) report, as many as 142 Islamic fintechs are available worldwide. Islamic FinTech offers the opportunity to become more applicable to a global Muslims. This article is a normative economic analysis on the basis of secondary data, this study found that the potential for raising ZISWAF funds across several countries is very large especially in countries with many immigrants from Indonesia through international types of fintech services such as remittances and payments that has allowed or collaborated with Bank Indonesia.
Synergy in the Fulfilment of National Interest in Efforts to Handle Refugees in Indonesia through Repratiation and Resettlement Widagdo, Setyo; Ikaningtyas, Ikaningtyas; Susanto, Fransiska A.; Hidayat, M. Choirul
Brawijaya Law Journal : Journal of Legal Studies Vol 8, No 2 (2021): State Administration Role in Establishing Constitutional Obligation
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.02.05

Abstract

This article aims to analyze Indonesia's efforts to accommodate national interests in efforts to handle refugees in Indonesia. UNHCR noted that until December 2020 the number of refugees in Indonesia reached 13,700 people, with the most refugees coming from Afghanistan 57%, Somalia 10%, and Myanmar 7%. This number is very large considering the fact that Indonesia is only a transit country and not a country that ratified the 1951 Refugee Covenant. The existence of refugees in Indonesia is an urgent problem by taking advantage from human rights as the basis of its justification, while Indonesia is a sovereign country that has the authority to regulate the traffic of foreigners in its territory especially on the basis of national interests, such as security. The existence of Presidential Regulation No. 125/2016 on the Handling of Refugees from Abroad has not optimally become a solution for handling refugees in Indonesia. By using normative juridical research method, the authors analyzed that although the regulations regarding repatriation and resettlement of refugees were mentioned in Presidential Regulation No. 125/2016, they did not clearly regulate the procedures for handling refugees either through voluntary repatriation and there was no attempt by the government to implement the repatriation program. As for resettlement, the Indonesian government only relies on UNHCR
Juxtaposing Fiduciary Constitutionalism and Administrative Constitutionalism in the Context of Enhancing the Indonesian Constitution Tan, David
Brawijaya Law Journal : Journal of Legal Studies Vol 8, No 2 (2021): State Administration Role in Establishing Constitutional Obligation
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.02.02

Abstract

A lot of literature discusses the role of state administration, but there is still very little that emphasizes the unique picture related to juxtaposing aspects of fiduciary constitutionalism with administrative constitutionalism, especially at the stage of constitutional legal studies with the context of constitutionalism in Indonesia. Implementing a fiduciary state administration is very much needed, but the most significant obstacle is the enigma of administrative constitutionalism. The purpose of this inquiry is to analyze the development of the Indonesian Constitution in the future by elaborating the theory of fiduciary constitutionalism, issues related to administrative constitutionalism, and discussions related to the incorporation of the former and the latter into the practice of legal and political representation in the Indonesian Constitution using the perspective of judicial engagement theory. The research method used is the doctrinal legal approach using secondary data in the legal literature to gain academic insight. This research finally leads to a conclusion that focuses on the aspects of fiduciary and administrative constitutionalism, which can explain this phenomenon in enhancing the Constitution in Indonesia through several internalized recommendations.
Fraud in the comperative perspective of civil and criminal law with special focus in Kosovo Hajdari, Egzonis; Hajdari, Albulena; Hajdari, Azem
Brawijaya Law Journal : Journal of Legal Studies Vol 8, No 2 (2021): State Administration Role in Establishing Constitutional Obligation
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.02.04

Abstract

The object of this study is fraud in the comparative aspect of civil and criminal law based on the relevant legislation and Kosovo legal theory. The results of this study prove that fraud in the Kosovo courts practice is relatively common, and that there are many irregularities in its handling. Irregularities mostly refer to the lack of clarity matter of differences that this harmful phenomenon contains in itself when handled in the civil legal aspect from the treatment given to it in the criminal legal aspect. These uncertainties have influenced that in each concrete case the phenomenon of fraud in Kosovo is first addressed in the criminal aspect and then eventually in the civil aspect. The study highlights the similarities, differences and existing ambiguities of fraud when handled in the civil legal aspect from the treatment given to it in the criminal legal context, as well as it addresses the appropriate ways of clarifying such situation. The contribution of this study is theoretical and practical, bearing in mind the fact that it deals with an almost unaddressed issue in Kosovo and perhaps in many other countries.
Understanding the Rejection of Omnibus Law and Prediction of Judicial Review Submission to the Constitutional Court Widiyanti, Marlina
Brawijaya Law Journal Vol 8, No 2 (2021): State Administration Role in Establishing Constitutional Obligation
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The purpose of this legal and constitutional study was to deeply understand the causes and impacts of rejection of the ratification of the Omnibus Bill and its derivatives of the Job Creation Bill by demonstrators consisting of students and laborers throughout Indonesia. To make it easier for us to understand the above problems, we have carried out a series of data collections since the Omnibus Bill was discussed until it was passed by Parliament and rejected by demonstrators. For data, secondary legal information in the form of legal publications, textbooks, journals, and court decisions related to the Omnibus Law and other information in the form of articles published in the mass media has also been used as data. Finally, we can conclude that the findings include: Several laws originating from the Omnibus law have legitimized environmental destruction, ignoring customary rights that are more environmentally friendly and sustainable. The majority of the Omnibus Law committee comes from the elite who do not think about the civilian element, including the new law derivative people. The Omnibus Bill is believed to have participated in enslaving workers under the pretext of legal flexibility through low wages, hourly wages, and the use of work contracts and outsourcing to win over companies. The government looks repressive towards its people through the Omnibus Law, which looks unique to business people so that rejection and predictions will lead to the Constitutional Court.
The Politics of Indonesia's Decentralization Law Based on Regional Competency Prasetyo, Ngesti Dwi; Fadli, Moh.; Anshari SN, Tunggul; Ali Safa’at, Muchamad
Brawijaya Law Journal : Journal of Legal Studies Vol 8, No 2 (2021): State Administration Role in Establishing Constitutional Obligation
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.02.01

Abstract

Local governments have undergone various regulatory developments since Indonesia's independence 75 years ago. Various aspects underlying the development and changes in local government policies can be analyzed using several approaches, such as historical, philosophical, and sociological. This paper will discuss how the legal politics of the development of local government implementation, especially in terms of decentralization. Furthermore, the author will explain about the opportunities for implementing decentralization based on regional capacity to promote welfare of society. This research is normative juridical research using historical approach, conceptual approach, and legal approach. It can be said that the implementation and development of local government implementation is strongly influenced by various aspects other than the legal factor itself. Furthermore, there is still the possibility of implementing decentralization based on regional capacity as an effort to promote social welfare.
Strengthening Regulations in Protecting Indonesian Migrant Workers Before Departing to The Destination Country of Work Khairazi, Rifqon
Brawijaya Law Journal Vol 8, No 2 (2021): State Administration Role in Establishing Constitutional Obligation
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

So far, there have been many legal problems that have emerged by migrant workers. The issues they face dominated when they work for an employer abroad; most of the cases come from the domestic worker group. This study analyzes the reasons and legal problems that cause Indonesian migrant workers to experience many violations of their rights. This paper's research method is the normative legal method, using legal documents in the form of statutory regulations and several supporting references related to migrant workers. The results showed that the violations that occurred so far were due to many migrant workers who did not get their rights and protection Before Working. In addition, numerous migrant workers departed without going through a departure mechanism following Act No. 18 of 2017. Thus, this article provides suggestions for strengthening regulations regarding migrant workers by amending to the current law and strengthening existing rules through government regulations.

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