Brawijaya Law Journal : Journal of Legal Studies https://lawjournal.ub.ac.id/index.php/law <p><strong>e-ISSN:<a href="http://issn.pdii.lipi.go.id/issn.cgi?daftar&amp;1457140161&amp;1&amp;&amp;">2503-0841</a> | p-ISSN:<a href="http://issn.pdii.lipi.go.id/issn.cgi?daftar&amp;1457140161&amp;1&amp;&amp;">2356-4512</a></strong></p> <p><strong>Brawijaya Law Journal : Journal of Legal Studies (BLJ)</strong> is an international journal established by Law Faculty of Brawijaya University. It has<strong> 2 issues per year.</strong> BLJ is an <strong>open access, double peer-reviewed e-journal</strong> which aims to offer an international scientific platform for national as well as cross-border legal research in goverment regulation. 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 recent issues of law. The goal of Brawijaya Law Journal is to bring the highest quality research to the widest possible audience.</p> <p><strong>The journal sets up specific topic to be covered in each issue </strong>which can be analyzed from many perspective of laws as mentioned. However, it does not limit itself on the discussions of Indonesian Law.</p> <p>BLJ accepted submission from all over the world. All submitted articles shall never been published elsewhere, original and not under consideration for other publication (For checking Plagiarism, BLJ Editorial Board will screen plagiarism with using <a href="https://www.turnitin.com/" target="_blank" rel="noopener"><strong>Turnitin app</strong></a> Program). If it is found plagiarism indication (above 25%), editorial board will automatically reject the manuscript immediately.</p> <p>BLJ has been indexed in <strong>DOAJ, Google Scholar, ISJD,Crossref, SINTA, and IPI</strong></p> <p>Nationally <strong>Accredited</strong> by the Ministry of Research, Technology, and Higher Education of the Republic of Indonesia (2017-2022)</p> <p>Decree No. <strong>32a/E/KPT/2017 Dated 26th April 2017</strong></p> <p>Printed version of the series can be printed on demand (POD). The website of the journal can be accessed through <em>www.lawjournal.ub.ac.id</em></p> Faculty of Law, Universitas Brawijaya en-US Brawijaya Law Journal : Journal of Legal Studies 2356-4512 <p><img style="border-width: 0;" src="https://i.creativecommons.org/l/by-nc/4.0/88x31.png" alt="Creative Commons License" /></p> <p>This journal embed or display simple machine-readable CC licensing information. This journal allow reuse and remixing of content in accordance with a Creative Commons license, <a href="http://creativecommons.org/licenses/by/4.0/" rel="license">Creative Commons Attribution 4.0 International License</a> (CC BY NC)</p> <p>Authors who publish with this journal agree to the following terms:</p> <ol> <li>Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative <a href="http://creativecommons.org/licenses/by/4.0/" target="_blank" rel="noopener">Commons Attribution 4.0 International License (CC BY NC)</a> that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.</li> <li>Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.</li> <li>Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See <a href="http://opcit.eprints.org/oacitation-biblio.html" target="_new">The Effect of Open Access</a>).</li> </ol> <p> </p> Expanding the Jurisdiction of the International Criminal Court https://lawjournal.ub.ac.id/index.php/law/article/view/960 <p><em>Environmental destruction and exploitation of natural resources are some of the main causes of humanitarian conflicts, which are often international in scale. </em><em>This can be seen in the commission of the alleged </em><em>crime of genocide by </em><em>the then Sudanse President Omar </em><em>Al-Bashir </em><em>who has exploited </em><em>natural resources</em><em>, causing </em><em>water </em><em>pollution </em><em>in Darfur, Sudan. This case </em><em>becomes an</em><em> evidence that environmental destruction can </em><em>also </em><em>be a driving factor for </em><em>crimes against humanity and war crimes. In response, the International Criminal Court (ICC) issued a Policy Paper, which sets out considerations to prosecute cases of environmental destruction and illegal exploitation of natural resources, which is referred to by some as ecocide. With </em><em>the </em><em>growing demand of the international community, natural persons </em><em>and also </em><em>corporations are urged to be prosecuted before the ICC for ecocide. </em><em>As a </em><em>normative legal research</em><em>, this </em><em>paper </em><em>is intended to outline the </em><em>move to </em><em>demand the ICC to prosecute cases of ecocide, whilst challenging the existing jurisdiction of the ICC based on the Rome Statute.</em> <em>This paper will </em><em>analyse </em><em>whether the ICC ha</em><em>s</em><em> jurisdiction to adjudicate ecocide </em><em>by </em><em>expanding </em><em>its </em><em>jurisdiction to prosecute corporations </em><em>for ecocide </em><em>committed </em><em>by citizens of </em><em>non-</em><em>State</em><em> Parties to the Rome Statute </em><em>such as Indonesia. This paper concludes with constructive recommendations</em><em>, especially</em><em> for </em><em>corporations </em><em>to start re-evaluating their business plans to put environment and human rights awareness into priority.</em></p> Iman Prihandono Dewi Santoso Yuniarti Copyright (c) 2022 Iman Prihandono, Dewi http://creativecommons.org/licenses/by-nc/4.0 2022-10-31 2022-10-31 9 2 The Legal Impact and Relevance of using the Concept of Plea Bargain in Resolving Tax Dispute in Nigeria https://lawjournal.ub.ac.id/index.php/law/article/view/508 <p>The essence of the introduction of taxes by the government is to generate revenue in providing basic facilities for society. However, it has been observed that most taxpayers often evade tax liability or default in tax compliance; hence, tax authority often resulted in quasi-criminal litigation to recover tax liability. It suffices to state that the process involved in prosecuting tax defaulters or recovery tax liabilities is often strenuous, cumbersome, and bureaucratic. Furthermore, it often results from delaying and not a friendly approach, hence the need for plea bargains in prosecuting tax cases that involved tax liability. Given this, the study made use of online questionnaires sent to 321 respondents (randomly selected) residing within the Federal Republic of Nigeria in ascertaining the usefulness and preference of using the concept of a plea bargain in resolving a tax liability. Descriptive and analytical statistics were used to analyse the data generated from the questionnaire. The study found that plea bargain is a viable prosecutorial tool in resolving tax offences or recovering tax liability. The study therefore concluded and recommended that instead of using the quasi-criminal litigation in resolving tax offences or recovering tax liability, the concept of plea bargain should be used as it is faster in recovering tax liability, less bureaucratic, and amicable.</p> Paul Atagamen Aidonojie Copyright (c) 2022 Paul Atagamen Aidonojie http://creativecommons.org/licenses/by-nc/4.0 2022-10-31 2022-10-31 9 2 Punishment Policy for Perpetrators of the Criminal Offence of Accepting a Bribe and that of Giving a Bribe in the Republic of Kosovo https://lawjournal.ub.ac.id/index.php/law/article/view/808 <p>The focus of this study will be criminal offences of taking a bribe and giving a bribe as one of the oldest manifested forms of corruption, with a prominent consistency even today. This essay aims to reflect the presence of these two criminal acts, reveal the fact, which one of these offences dominates, those convicted and their profiles and what is the punishment policy applied by the courts, at a time when public opinion and its perception of corruption in Kosovo is considered to be very high. This study will show or at least try to show the fact that in Kosovo, prosecuting and adjudicating those committing these types of offences (bribing and taking a bribe) is accompanied by considerable defiance, irregularities, and uncertainties that will affect the efficient fight against corruption in Kosovo. The contribution of this article is theoretical and practical, as it deals with an issue which in many dimensions is very little or not at all addressed in Kosovo, and perhaps surpassing beyond Kosovo.</p> Azem Hajdari Albulena Hajdari Bashkim Jupolli Copyright (c) 2022 Azem Hajdari http://creativecommons.org/licenses/by-nc/4.0 2022-10-31 2022-10-31 9 2 New and Renewable Energy: Ensuring the Hydropower Development Policy Meets the Community and the Environmental Participation Based on the Paris Agreement https://lawjournal.ub.ac.id/index.php/law/article/view/915 <p><em>Energy demand is rapidly increasing, following population growth and economic trends, including the demand for electrical energy. Indonesia seeks to transition to the use of new and renewable energy to supply its demand for electricity. The national strategic program to construct 65 dams in 2023 is the fundamental foundation for the government’s ability to bring about this massive development. One of the many essential uses of reservoirs is as a source of hydropower energy. However, have been many cases of rejection by local communities that do not consider themselves to have been fairly consulted for or participating in the development process. Another premise of this rejection is founded on environmental issues related to the Paris Agreement. This article focuses on meeting challenges to community and environmental participation based on the Paris Agreement. New and renewable energy policies incorporate novel regulations pertaining to the government’s authority to work on the new renewable energy projects. Hydropower development projects fall under the government’s efforts to switch to new sources of renewable energy. Insufficient involvement of the local community in development and activities, to the extent that the information and comprehension on where the hydropower dams are expected to be built are exceptionally lacking but are also, due to the impact of the development toward the environment, the main source of refusal from the local community. Finally in accordance with the Paris Agreement, insufficient attention toward the landscape will likely impair the ability to create future hydropower development projects.</em></p> Devi Rahayu Wartiningsih Wartiningsih Riesta Yogahastama Copyright (c) 2022 Devi Rahayu, Wartiningsih Wartiningsih, Riesta Yogahastama http://creativecommons.org/licenses/by-nc/4.0 2022-10-31 2022-10-31 9 2 107 125 Legal Framework for Sustainable Conservation of Fishery Resources in Marine Environment of Nigeria https://lawjournal.ub.ac.id/index.php/law/article/view/958 <p><em>It is impossible to overstate the value of effective fisheries sector management in a society like Nigeria. This will guarantee enough food at affordable prices as well as a source of social and economic advancement for the populace. Living ocean resources are in danger of going extinct due to the high rate of harvesting. Overtime, the legal measures enacted to safeguard the maritime environment and the actions taken by the institutions tasked with upholding them have shown to be insufficient and ineffectual. In this study, the management of fisheries and marine life resources and the difficulties it faces was evaluated using both primary and secondary sources of information. The need for this was geared towards creating a framework that guarantees the sustainable conservation of marine living resources, particularly fisheries, in Nigeria. According to the study, fisheries must be conserved if they are to remain productive for a very long time. It describes the opportunities and difficulties facing the Nigerian fishing regime and suggests ways to achieve long-term preservation of the fishery resources in the Nigerian marine environment. </em></p> Roseline Moses-Oke Mercy Erhun Copyright (c) 2022 Roseline Moses-Oke, Mercy Erhun http://creativecommons.org/licenses/by-nc/4.0 2022-10-31 2022-10-31 9 2 Looking Beyond the Constitution: Legislative Efforts Towards Environmental Rights in Nigeria- A Review of some Salient Legislations https://lawjournal.ub.ac.id/index.php/law/article/view/955 <p><em>The search light for environmental rights in Nigeria has been focused majorly on the Constitution of the Federal Republic of Nigeria 1999 (as amended) with occasional references to case laws which are very limited and unprogressive on the subject. Most reviews of relevant legislations on the environment have been centred on themes like environmental protection, environmental degradation, damages arising from pollution and the likes. Some legislations and policies on the environment in Nigeria have hardly been considered from the angle of donating a human right to the environment, i.e. the right to clean, healthy and sustainable environment. The paper is a review of some salient legislations and policies, complemented by the few landmark cases, on environmental rights with a view to establishing legislative authority for the right to clean, healthy and sustainable environment in Nigeria. The paper finds that there exists notable legislative platform on which one may insist on environmental rights in Nigeria and suggests that these rights are ascertainable from a community reading of some relevant legislations and policies on the Nigerian environment.</em></p> Brown Umukoro Copyright (c) 2022 Brown Umukoro http://creativecommons.org/licenses/by-nc/4.0 2022-10-31 2022-10-31 9 2 Legal Protection of Forest Cultural Rights In The Procurement of Land For The Mineral Mining Industry https://lawjournal.ub.ac.id/index.php/law/article/view/954 <p><em>Research on the legal protection of customary forest rights in the procurement of land for the mining industry, especially for minerals, is normative-juridical research using primary and secondary legal materials. Primary legal materials that are authoritative, such as laws on Agrarian Affairs, Forestry, Mining, Environmental Protection and Preservation and Constitutional Court Decisions on Mining. Secondary legal materials include all legal publications: textbooks, legal dictionaries, legal journals, and comments on court decisions. </em><em style="font-size: 0.875rem;">The legal protection of customary law community forest rights (MHA) for the provision of land for mining businesses, must fulfill the sense of justice of MHA members. MHA is a community association that lives and develops peacefully together in an area that has been passed down from generation to generation based on genealogy and similarity of residence with a pattern of order and special traditional characteristics in common life that are binding. They must be protected regarding the use of land used for mining business interests. </em><em>The provision of land is focused on production forest and protection forest based on article 38</em><em>Law No. 41 of 1999 Jo. Law Number 19 of 2004 concerning Forestry. The use of forest land in question, the procedures used: first, based on the Decree of the Director General of Forestry No. 64/kpts/DJ/1/1978 concerning Borrowing and Use of Forest Areas. Second, based on the Joint Decree (SKB) of the Minister of Mines and Energy and the Minister of Forestry No. 969. K/05/M. PE/1989; 429/Kpts-11/1989. Third, based on the Decree of the Minister of Forestry No. 55/Kpts-II/1994 Jo. KMK No. 56/Kpts-II/1994; Jo KMK No. 41/Kpts-II/1994; KMK No. 614/Kpts-II/1997 Jo KMK and Plantation No. 720/Kpts-II/1998.</em></p> Istijab Istijab Copyright (c) 2022 Istijab Istijab http://creativecommons.org/licenses/by-nc/4.0 2023-01-24 2023-01-24 9 2