Brawijaya Law Journal <p><strong>e-ISSN:<a href="">2503-0841</a> | p-ISSN:<a href="">2356-4512</a></strong></p> <p><strong>Brawijaya Law Journal</strong> : Journal of Legal Studies <strong>(BLJ)</strong> is an international journal established by Law Faculty of Brawijaya University. It has<strong> 2 issues per year (April and October).</strong> BLJ is an <strong>open access, double peer-reviewed e-journal</strong> which aims to offer an international scientific platform for cross-border legal research in government regulation and civil rights protection. These may include but are not limited to various fields in Law such as civil law, criminal law, constitutional and administrative law, international law, environmental law, Human Rights Law and legal pluralism governance.</p> <p>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 also accommodate several articles in general topic in each issue. </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="" target="_blank" rel="noopener"><strong>Turnitin app</strong></a> Program). If it is found plagiarism indication (above 20%), editorial board will automatically reject the manuscript immediately.</p> <p>BLJ has been indexed in <strong>SCOPUS</strong>, <strong>DOAJ, Google Scholar,Crossref, SINTA, Scilit, Dimensions, and Garuda.</strong></p> <p>Nationally <strong>Accredited</strong> by the Ministry of Research, Technology, and Higher Education of the Republic of Indonesia (2020 - 2025)</p> <p>Decree No. <strong>164/E/KPT/2021 Dated 27th December 2021</strong></p> <p>Printed version of the series can be printed on demand (POD). The website of the journal can be accessed through <em></em></p> Faculty of Law, Universitas Brawijaya en-US Brawijaya Law Journal 2356-4512 Jurisdiction of ICC Over Alleged War Crimes And Crimes Against Humanity Against Palestinians Under The Complementarity Principle <p><em>This study aims to reveal how the International Criminal Court (ICC) can exercise its jurisdiction over alleged crimes committed by Israelis under the complementarity regime. This paper discusses the ICC's jurisdiction on the alleged war crimes and crimes against humanity committed by the Israelis against the Palestinians under the complementarity principle which is provided in Article 17 of the Rome Statute. Also, to study the principles of international criminal responsibility for individuals, whether they are military superiors or subordinates, who commit acts that constitute a crime against humanity and a war crime under the Rome Statute. The significance of this study appears in shedding light on the jurisdiction of the ICC over Israeli perpetrators, even though Israel is not a party of the Rome Statute.&nbsp; To answer these questions, a qualitative analysis will be applied as its research methodology where both primary and secondary sources will be thoroughly examined. This article concludes that the Israeli national courts did not conduct genuine investigations or prosecutions domestically under the complementarity principle. Thus, the ICC has the authority to exercise its jurisdiction as a court of a last resort over crimes against humanity and war crimes in Palestinian territories as a party to the Rome Statute.</em></p> MURAD ABUMURAD Copyright (c) 2024 Brawijaya Law Journal 2024-04-30 2024-04-30 11 1 Motion Sickness: Holding the Acupressure Point of Village-Owned Business Entities on The Wheel of “Good Corporate Governance” <p><em>The transcription of Good Corporate Governance (GCG) scenarios in various state regulations basically attempts to build plots to move various economic resources from an area with low productivity to an area with higher productivity with greater results. However, this condition is different when the Indonesian Government wants Village-Owned Enterprises (BUMDes) which normatively and culturally are not designed for entrepreneurship like BUMD/BUMN. The consequence of this desire is that in its implementation BUMDes tends to be neglected and not bound by the principles of Good Corporate Governance (GCG). Through juridical-normative research methods and 3 (three) legal approaches, this research focuses on "Motion Sickness" towards BUMDes resulting from their placement in the "return on investment" space without Good Corporate Governance (GCG). The results of this research show that when analogous to a vehicle, BUMDes experience Motion Sickness or nausea due to: First, the psychological burden on the apparatus in the Village Government; Second, the Good Corporate Governance (GCG) Design is not in accordance with the BUMDes Design. Hence, the acupressure points that need to be pressed in dealing with BUMDes problems include: legal revitalization in the Village Law, overcoming work culture (such as fraud and insider transactions), sterilization of political elements (separating the interests of village officials from interests of Business Entities), and expansion of the business environment. So that in the future Corporate Governance and Corporate Management in BUMDes can be realized through the commitment of stakeholders such as: Capital Owners/GMS, Board of Supervisory/Commissioners, and Board of Directors</em></p> Amelia Sri Kusuma Dewi Ngesti Dwi prasetyo Mohamad Rifan Hanugrah Titi Habsari Copyright (c) 2024 Brawijaya Law Journal 2024-04-30 2024-04-30 11 1 The United States’ Assault on Multilateralism: The Crisis in WHO, WTO and ICC <p><em>The culmination of the second world war marked the beginning of multilateral cooperation amongst nations of the world to achieve peace, security, economic prosperity, and social advancement. </em><em>The United States led the international movement towards achieving common goals through multilateral efforts during that era.</em><em> However, in recent years, the United States’ disenchantment with the principle of multilateral cooperation has become increasingly prominent. This article discusses the unilateral actions taken by the United States against three multilateral organisations, namely, the World Health Organization, the World Trade Organization and the International Criminal Court, which have been at the forefront of the United States’ criticism. The article also evaluates the criticism by the United States against these organisations. Further, the authors have also explored the shortcoming in terms of the structure and functioning of these organisations. These organisations have long relied on the cooperation between their members to fulfil their mandates in addressing global challenges. The United States' actions against these organizations have demonstrated a disregard for multilateralism and a preference for the age-old dictum of ‘might is right’. The actions of the United States must also be seen from the lens of challenges it faces today, particularly from China and other emerging economies. Perhaps, the United States’ actions can be seen as an attempt to counter the diminishing giant syndrome. Thus, it is imperative for other nations to respond by reaffirming their commitment to collective action and shared responsibilities.</em></p> Anita Yadav Utkarsh Srivastva Copyright (c) 2024 Brawijaya Law Journal 2024-03-05 2024-03-05 11 1 Estate Planning in the Digital Age: RUFADAA as a lesson to be learnt to improve the Syrian Personal Status Law <p><em>For any country to effectively regulate new technology and keep up with technological advancements, serious legal measures must be taken to ensure that the law is up-to-date. Today's world is increasingly digitalized, with almost all actions taking place in the virtual world. Since then, our data has become digital and can be stored on multiple devices or networks. As a result of this digital transformation, the issue of digital inheritance emerged, which determines what happens to digital assets after a person dies. In Syria, as in many countries worldwide, the years of war and economic issues have driven the attention of legislators away from technological advancement, leaving a variety of legal gaps. Regarding digital inheritance, no specific law or even research has addressed the legal issues arising from digital inheritance and estate planning, adding an additional layer of ambiguity that requires in-depth legal analysis. Thus, this study will examine the viability of the Syrian inheritance law to address the legal issues raised by digital assets after death. The study follows doctrinal legal research, critically analysing legal provisions to improve the current state of the law. The result showed the absence of any clarification on the concept or legal approach to digital assets after death, limiting their provisions to tangible assets while ignoring the role and value of digital assets. Various suggestions have been proposed to fill in this legal gap. These measures must be taken to ensure that the law is up-to-date with the latest developments in technology.</em></p> Omar Farouk Al Mashhour Ahmad Shamsul Abd Aziz Nor Azlina Binti Mohd Noor Copyright (c) 2024 Brawijaya Law Journal 2024-05-20 2024-05-20 11 1 Strengthening Indonesia’s Strategic Trade Management Regulation Against Proliferation of Weapons of Mass Destruction <p><em>International law governing the control of WMD proliferation cannot solely focus on state actors </em><em> must also include non-state actors. To address the risks and combat the proliferation of WMD by non-state actors through the ordinary course of trade, the UNSC issued Resolution 1540, which contains the obligation to adopt domestic policies to prevent WMD proliferation. Indonesia has a legal obligation to comply with and implement this resolution under international law. This paper discusses the need assessment for Indonesia to enact a solid regulatory framework to implement Strategic Trade Management (STM).</em> <em>This paper questions how STM regulations are governed in the Indonesian context presently and how they should be regulated better to accommodate contemporary dynamics. This study is a legal and policy study involving literature review or desk research. Literature review involves gathering data and information such as literary texts, policy papers, legislative regulations, and other relevant documents. This study finds that even though Indonesia had already implemented some form of STM policy through export-import control and restriction (larangan dan pembatasan), it still left out the gap in properly regulating dual-use goods. Strategic goods regulation in Indonesian legislation is not intended in the context of dual-use goods, as export/import restrictions are designed to enhance Indonesia’s product competitiveness and market expansion, both domestically and internationally, increase the capabilities of exporters/importers, and enhance national product development and innovation. Implementation of STM policy One of the objectives that can be achieved is maintaining national security, especially in providing a sense of security for the Indonesian people and businesses. Implementing STM will also benefit businesses by reducing the risk of financial losses, such as being involved in export/import transactions prohibited by other countries or even by Indonesia. Moreover, by implementing STM, it is not unlikely that investment from countries with high technology will increase.</em></p> <p> </p> <p> </p> Hadi Rahmat Purnama Rizky Banyualam Permana Arie Afriansyah Copyright (c) 2024 Brawijaya Law Journal 2024-05-21 2024-05-21 11 1 The ASEAN Centered Regional Architecture in Managing Sustainable Investment under the RCEP <p><strong>Abstract</strong><strong>: </strong><em>Regional Comprehensive Economic Partnership (RCEP) that consist of 15 Asian member states established in 2021 which to achieve a trade liberalization in the region. The Asian countries have been recognized as the motor of global regionalism and have heightened the Asian region become the center of global economy. This article aims to examine the provisions of RCEP on trade in investment whether it supports sustainability of investment in the region. The region will become a seamlessly market as the region is a market with free flow of goods, services, and investment. While the result of the Pact has not identified yet, this agreement constitutes as a significant effort of ASEAN as one entity, taking the lead of the implementation RCEP, in this current legal regime to gain leverage over its dialogue trade partners. In light of this, the current article has observed and evaluated the overall role of ten ASEAN Member States (AMS) which work together to collectively in advancing their part in RCEP by identifying the strategies and legal instruments regarded as a crucial factor for maintaining not only sustainable investment for ASEAN but also for a significant contribution to the green century. This study is a multidisciplinary research using collected research materials include data and information that have been analyzed from legal and economic perspectives and found that RCEP investment provisions are utilized to support the role ASEAN’ grand strategy to achieve and maintains sustainability of investment in this new Asian regionalism.</em></p> Koesrianti Copyright (c) 2024 Brawijaya Law Journal 2024-05-28 2024-05-28 11 1