Archives

  • Economic Law
    Vol. 11 No. 1 (2024)

  • Current Challenges, Developments and Events in The International Law
    Vol. 10 No. 2 (2023)

  • The Discourse of Civil and Political Rights in Theory and Practice
    Vol. 10 No. 1 (2023)

    Issues of human rights is an issue that will never be done to discuss because they will continue to experience development and adjustments, such as civil and political rights, which continue to develop due to the broad scope of the discussion. Issues regarding religious rights, personal protection rights, and equality before the law have always been discussed and developed in both theoretical and practical aspects. In this issue, seven articles discuss contemporary problems which are part of civil and political rights in theory and practice.

  • Energy and Environmental Law
    Vol. 9 No. 2 (2022)

    At this time, environmental issues often become the subject of discussion by researchers, academics, and experts, especially in law. Apart from discussing climate change and discovering new and renewable energy in the natural sciences, the discussion on the regulations that govern them is no less critical. The increasing number of people, the diminishing availability of fossil energy, requires humans to continue to innovate and manage the relationship between society and its environment. This edition discusses contemporary energy and environmental law issues, available in seven different articles.

  • International Law and Security
    Vol. 9 No. 1 (2022)

    International Law implementation always faces challenges from state or non-state actors. A sovereign state reminds the major element in the International Law implementation and prevailing of international orders. Unfortunately, there are sovereign states that choose their agenda rather than international order. Those actions lead to several problems in the state's national security.
    This issue addresses how International law challenges affect national security. This Edition portrays seven different issues related to contemporary International Law and National Security.

     

  • State Administration Role in Establishing Constitutional Obligation
    Vol. 8 No. 2 (2021)

    State administration play a crucial role in establishing Constitutional obligations in a state. Indeed, the involvement of the society is also essential however the state administration has a role in establishing constitutional rights. The State administration shall protect citizens' constitutional rights under their obligation. The wide range of constitutional obligations is in line with society's constitutional rights. As we know, the constitutional obligation problems still are one of a challenge for the state, especially when the state administration does not work accordingly under their function and duties. Consequently, to protect constitutional rights, we shall establish constitutional obligations properly. These issues can be discussed from a variety of perspectives. This edition covers seven various issues relate to Constitutional Obligation and Constitutional Law in several countries.

  • Contemporary Issue in Private Law
    Vol. 8 No. 1 (2021)

    The relationship between individuals and individuals, individuals and legal entity, and legal entity with individuals, has forming private law. Private law effects the rights and obligation of individuals and legal entities. Those relationship develops from time to time, it also caused the development in private law sector. Because of that, Brawijaya Law journal addressed the development in Private Law in Indonesia and another state this edition.
    We are most grateful to our international board of editors as well as our reviewers and the Faculty of Law Universitas Brawijaya in making it possible for this issue to be published.

  • Contemporary Legal Issue in Children and Women Protection
    Vol. 7 No. 2 (2020)

    Children and Women fall under a vulnerable group that faces discrimination directly or indirectly. In several countries, women and children still become second citizens than the other group. Consequently, Women and Children shall get protection under national law and international regulation. Under International Human Rights Law, states should respect, protect and fulfill their rights. Those protections are fundamental principles of the United Nations.

    This issue address how the National and International law protect both of child and women in certain situation. This Edition portrait nine different issues related to the contemporary Legal Issue in Children and Women's Protection under several countries national law and international regulations

    We are most grateful to our international board of editors as well as our reviewers and the Faculty of Law Universitas Brawijaya in making it possible for this issue to be published.

  • Contitutional Issues: Economic, Social and Cultural Rights
    Vol. 7 No. 1 (2020)

    The Economic, Social, and Cultural rights are still considered human rights that are positioned on the second level below civil and political rights. It is happening not without any reason, for the fact in some countries use these rights exception to gain special privileges, such as right fulfillment delay. Moreover, if the right is not considered to be the main issue that will affect voters then those rights will be ruled out. As well as the right to enjoy the good living, the right to health, the right to have land, and much more. The fulfillment of these rights became more sluggish because the government has always been evidence of the country does not have sufficient funds to fulfill the economic, social, and cultural of its citizens whereas almost all countries have become part of the ICESCR.

    ICESCR itself orders the government to "fulfill, respect, and protect" the rights of its people. So the government also needs to pay more attention to this problem.    This issue can be discussed through a variety perspective and point out each of the rights in specifics area of rights. This Edition cover 9 various issues related to Economic, Social and Cultural Right issues in several countries.

  • State Regulations and Law Enforcement
    Vol. 6 No. 2 (2019)

    State regulations created to manage and protect society. Moreover, those regulations require the law enforcement institution to keep the regulation work properly. However, in some case, the regulation or even the law enforcement institution could not work properly.

    Having published the last edition focusing on Alternative Dispute Resolution, Brawijaya Law Journal is pleased to publish this current issue focusing on State Regulation and Law Enforcement within Volume 6 Issue Number 2 issue.

    This issue addressed from a variety aspect. This edition brings up the theme of State Regulations and Law Enforcement, it also consists of nine paper that discusses how state regulation and law enforcement work in several countries. The paper also discusses how state regulation work in balance with the state law enforcement institution. Other papers discuss how state regulation could protect the citizen in some circumstances.

  • Alternative Dispute Resolution
    Vol. 6 No. 1 (2019)

    World Peace and Security is crucial to the maintenance of public order, both nationally and internationally. Disputes arise when certain legal subject does not comply with certain legal norms which were accepted by both the practice and law in theory. In addition to this there is also a condition when a legal subject does not comply with its legal obligation under agreed contract or under international convention. In solving those various disputes, it is current trend that disputes are seldom solved through the litigation process. Peaceful disputes resolution through alternative disputes resolutions is now preferable than any other disputes settlement methods. Having published last edition focusing on the role of state in contemporary legal development, Brawijaya Law Journal is pleased to publish this current issue focusing on “Alternative dispute Resolutions within Volume 6 Issue Number 1 April 2019.

    The papers published in this edition discusses alternative disputes resolution in both private as well as public areas. This edition consists of nine papers related to alternative disputes resolutions ranging from the issues of the legality of states in the use of force to the online alternatives disputes resolution. Other paper include disputes settlement in maritime industries and business, cryptocurrency, investment, public policy issues in arbitral award, disputes settlement under the World Trade Organization (WTO), the analysis of arbitration procedures as well as disputes settlement mechanism within the areas of local wisdom.

  • The Role of State in Contemporary Legal Development
    Vol. 5 No. 2 (2018)

    Rapid development of technology has lead to a dynamic society. Such condition demands rapid adjusment of policy as well as legal framework both internationally and nationally. While borderless environment has been one of the sources of global changes, it is argued that the protection of public interests should be strongly maintained. At this point, the role of state in accomodating global changes while still preserving public interests is emergingly important. This is because the role of state in making a positive legislative environment would enable various arms of the state to explore and achive their potential while preserving high standard of operations to protect public interest. Having published last edition focusing on culture and technological influence in regulatuion, Brawijaya Law Journal is pleased to publish this current issue focusing on The Role of State in Contemporary Legal Development within Volume 5 Number 2 issue.

    The topic of the role of state can be discussed through variety of problems. This edition covers nine various papers related to the role of state ranging from the prevention of social conflict based on local wisdom to the state role in harmonizing regulation in diversed society. Other papers covers states role in areas of trade investment, state administrative disputes, natural resources management (especially in mining), class action and legal procedures, population administrative policy and judicial approach in child crimes.

  • Culture and Technological Influence in Regulation
    Vol. 5 No. 1 (2018)

    Technological development and law have twofold relationship. While certain law is formed to regulate technology, the other laws employ technologies in order to pursue their goals. Thus, it is submitted than in fact, the law serves as bridge between various disciplines and knowledge. I addition to this, it is argued that while laws tend to address technological development, such action often affected by living culture.

    This issue addresses how regulations address technological developments and how culture effected such trend. In such, this issue brings up the theme of Culture and Technological Influence in Regulation. This issue add more papers, so that it consists of nine papers from various authors ranging from Indonesia, Nigeria, Bangladesh and Australia. The topic of the paper also ranging from remotely piloted aircraft regulation, the protection of private rights as well as culture affected alternative disputes resolution. The issue of human rights related to technological development can also be found in this issue.

    We are most grateful to our international board of editors as well as our reviewers and the Law Faculty of Brawijaya University in making it possible for this issue to be published.

  • Law and Sustainable Development
    Vol. 4 No. 2 (2017)

    Recent trend in law shows towards sustainable development in almost every aspect, which refers to the development of law to be integrated, socially, economically and environmentally sound, oriented to the long term, and this way, able to last. According to the World Commission on Environment and Development, sustainable development is most commonly defined as development that meets the needs of the present without compromising the ability of future generations to meet their own needs. While internationally, sustainable development was firstly intoduced during the United Nations Conference on Environment and Development in 1992 Rio Declaration, recently sustainable development has been broaden to a more general aspect of laws. Having published last edition focusing on indigenous rights, Brawijaya Law Journal is pleased to publish this current issue focusing on Law and Sustainable Development.

    This issue can be discussed through variety of perspectives. This edition covers seven various issues related to law and sustainable develpment, ranging from retail issue to international air law in gloabalization era. In details, first paper of this edition discusses Indonesian retail regulation, followed by the second paper, which analyses radicalism of religion teaching in relation to terrorism. The third paper looks at the reconceptualization of Indonesian law substances. It further followed by the discussion of Indonesian Cooperative regulation and online media issue for the fifth paper. The last two papers published within this issue encompasses the exploitation of child-labour in agricultural sector and the problems in international air law in the globalization era.

  • Constitutional Issues and Indigenous Rights
    Vol. 4 No. 1 (2017)

    Brawijaya Law Journal has once again published its next edition. As we know that Brawijaya Law Journal was established to publish academic papers with various aspects in the field of law, both private n public, ranging from constitutional law to international law.

    Following the success of its last year edition, with a transnational perspective, on its first edition of year 2017, the theme of the journal is “Constitutional Issues and Indigenous Rights. A constitution is a set of fundamental principles or established precedent according to which a state is governed. It is a norm of political and legal system codified as a written document, which includes the formation of the structure, procedures, powers and obligations of state government in general. One of the functions of the constitution is to protect human rights, including the indigenous rights as well as freedom of religion.

    This issue can be seen through any aspects. This current edition comprises of seven papers concerning the constitutional rights against indigenous people in freedom of religion and belief, and also the legal implication of the legal void related to interfaith marriages. It follows by a paper analyzing the constitutional principles concerning treaty making power and also the state liability for violation of its constitutional rights against indigenous people. There is also a analysis from an Islamic economy perspective, the right to life under the ECHR, to the model regulation of data privacy.

  • Contemporary Indigenous and Constitutional Issues: Transnational Perspective
    Vol. 3 No. 2 (2016)

    Current development shows that Laws and Regulations set up by the government often driven by existing indigenous customary laws. While State Constitution guarantees the protection of the rights of its people, the implementation of such rights should also accommodate existing indigenous laws living among its people.

    This issue addresses contemporary indigenous and constitutional issues both from national and transnational perspectives. It comprises of six papers and one contemporary comments from one of our honorable board of editor, Prof. Christoph Enders of Law Faculty of Leipzig University, on the freedom of religion as basic rights according to the Germany and Indonesian Constitution. It followed by a paper analyzing dispute authority between local government and indigenous Galang Island people. Further paper compares indigenous land management between Indonesia and Australia. It follows by a paper analyzing constitutional protection towards religion in Indonesia. Papers ranging from transnational organized crimes to sustainable government and good governance as well as a paper on Rohingnya Issues in Myanmar are also addressed within this issue. The authors of this issue come from various part of the world, which include Germany, Indonesia, Australia, India and Aljazair.

    We are most grateful to our international board of editors as well as our reviewers and the Law Faculty of Brawijaya University in making it possible for this issue to be published.

  • Law and Human Rights Issues
    Vol. 3 No. 1 (2016)

    The acknowledgment of Human Rights by International community required State’s implementation on its domestic Laws and Policy. However, while all State promised sufficient implementation of human rights, in its practice often the implementation of human rights still unsatisfactory.

    This issue addresses Law and Human Rights Issue. It comprises of six selected papers, which underwent strict editorial process as expected from its status as international legal journal. This issue consists of various topics, ranging from censorship issue to forest management. It begins with a paper on capital punishment from the perspective of non-derogable rights, followed by the comparison of censorship policy between China and South-Korea. Further papers include freedom of speech from human rights perspective, the analyses of the promotion of justice post-Soeharto era in Indonesia, forrest management from human rights perspective and it is ended with a paper entitled the reposition of Prosecutor in Indonesian Constitutional System. Those papers were presented from Indonesia and Australia with their own specialty.

  • Law and Globalization
    Vol. 2 No. 2 (2015)

    Over the past view years Indonesian Universities have been actively promoting international academic and networking activities to increase their reputation and rank both nationally and internationally. Laws and policies in education have been enacted too meet universities internationalization. This issue here is provided to accommodate international legal issues and how Indonesian law coupe with such issues.

    This issue addresses Law and Globalization. It comprises of 6 selected papers, which underwent strict editorial process as expected from its status as international legal journal. This issue consists of various topics, which includes paper on customary land law in Indonesia and Malaysia, legal status of warship wrecks, corporate social responsibility in international economic law, salvage law, an analysis on Indonesia's policy in sinking a vessels to combat IUU Fishing and a paper on constitutional rights of disabilities person in Indonesia. Such papers were presented by authors from Indonesia and Australia with their own specialty.

  • Contemporary Issues in South-East Asia Countries
    Vol. 2 No. 1 (S) (2015)

    Over the last few years, Law Faculty of Brawijaya University has been actively enganged with several foreign universities all over the world for mutual academic colaboration. One of the active colaboration is with University of Wollongong, especialy with Law School. Various seminars as well as forum group discussions and student and lectures exchange have been established between Brawijaya University and University of Wollongong. The latest academic colaboration held in June 2014 was aimed to produced a joint academic publication.

    This special issue of Brawijaya Law Journal (BLJ) addresses contemporary issues in South-East Asia Countries. It comprises of 5 selected papers originaly presented at short course programme jointly organised by Brawijaya University and the University of Wollongong on 2-14 June 2014 in Wollongong. However, 1 other paper included within this issue was selected on the regular basis with the same issue. This papers presented in the special issue of BLJ underwent strict editorial process as expected from its status as international legal journal.

  • Legal and Development
    Vol. 1 No. 1 (2014)