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2018

Vol 5, No 2 (2018): The Role of State in Contemporary Legal Development

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.

Vol 5, No 1 (2018): Culture and Technological Influence in Regulation

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.

2017

Vol 4, No 2 (2017): Law and Sustainable Development

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 “[d]evelopment 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.

Vol 4, No 1 (2017): Constitutional Issues and Indigenous Rights

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.


2016

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

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.

Vol 3, No 1 (2016): Law and Human Rights Issues

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.


2015

Vol 2, No 2 (2015): Law and Globalization

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.

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

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.


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