Brawijaya Law Journal

Expanding the Limitations of the Protection and Processing of Children’s Personal Data: An Overview of Current Regulations, Challenges, and Recommendations

2023-05-23T02:37:42+00:00

This research examines the urgency to merit specific protection for children’s personal data and identifies the limitation of the protection and processing of children’s personal data. The authors also highlight the lack of the protection for children’s personal data in current regulation of Indonesia which only regulated on one article, and the proposed expanded limitation for protection and processing of children personal data. This research concludes with recommendation for the amendment of the Personal Data Protection Law No. 27/2002 and empower to promote the protection for the data privacy of the children.

Reformulation of Contractus Sui Generis Wage Arrangement of Work Agreement After Covid-19 Pandemic

2023-05-25T03:39:28+00:00

After Covid-19 pandemic, many companies stop operating. The income decreases and work termination cannot be avoided. The 2023 district minimum wages have been set by the Governor. It raises almost 10% compared to the previous years. Workers are benefited by the increase; however, it burdens the employers. The Minister of Manpower Regulation Number 18 of 2022 regarding Setting the Minimum Wage for 2023 does not provide a solution for remuneration after the Covid-19 pandemic, neither do Legislation Number 2 of 2022 concerning Job Creation. The new Legislation provides uncertainty for government intervention. On the other hand, the entrepreneurs' legal effort to postpone wages payment due to the inability to pay has been removed by the Legislation. Hence, the reformulation of wage regulation is needed. This research is conducted to respond legal issues on wage regulation to find a solution for this issue which guarantees the continuity of the company's business by providing legal protection for workers. This research belongs to Normative Juridical type with various approaches according to legal research principles, including the Statutory Approach, Concept Approach, Case Approach, and Comparative Approach. The focus of the study are: first, the normative analysis is applied to resolve remuneration problems; second, construction of concept reformulation of Contractus Sui Generis as work agreement character to accommodate agreement between labors and entrepreneurs; third, the realization of Contractus Sui Generis as the right arrangement concept in the field of remuneration. The conclusion and the legal solution recommended for wages payment solution is to urge government to facilitate employment agreement which Contractus Suie Generis in regulating labor's wages after pandemic.

Keywords: covid-19; wage; contractus sui generis.

Compensation for Citizens Due to Poor Public Service Delivery: Viewed From the Perspective of Civil Rights

2023-05-04T03:13:57+00:00

Enforcement of civil rights in obtaining proper services is a problem arises in both public and private sectors. It requires the readiness of service organizers to provide service standards that stipulated in the Law. One of the problems that today has not been resolved is the provision of compensation to the citizens due to non-fulfillment of service standards. This research carried out to answer the question of what impact is caused by the absence of a public service compensation mechanism? And what kind of public service compensation mechanism is appropriate? This research is a normative legal research, conducted using statutory approach and analytical approach. The conclusion is Public Services Law amendment and the enactment of Presidential Decree concerning public service compensation mechanism is an urgent to ensure legal certainty for the citizens in obtaining proper public services.

Responsibility of Iran on the MV Mercer Street Attack in International Law

2023-05-03T07:53:10+00:00

The development of autonomous drones has become a threat to international law. One of the most well-known examples is Unmanned Aerial Vehicles (UAVs or drones). As happened in late July 2021, the MV Mercer Street managed by Israeli-owned Zodiac Maritime was attacked by three one-way drones while transiting on the high seas of Oman. In such a situation, international peace and security are threatened. Based on U.S. Central Command (CENTCOM) investigation and all evidence available, the foreign ministers of the Group of Seven (G7) pointed to Iran as responsible State for the attack. The reason was triggered by facts, where the vertical fin was identical to those seen on an Iranian-designed and manufactured one-way attack “kamikaze” UAV series. The investigations stated that Iran was actively involved. However, Iran has rejected any responsibility for such an attack. The question is, how is Iran’s responsibility on the MV Mercer Street from an international law perspective? In addition, the research aims to determine the international law perspective on the use of armed forces. The research is normative legal research, where the data is collected through a statutory approach and case approach. The result of the study shows that Iran’s responsibility is necessary in this case. Further, the research contributes to provide an understanding of the concept of State responsibility in international law regarding the use of armed forces against other States.