Brawijaya Law Journal最新文献_第2页

Legal Framework for Sustainable Conservation of Fishery Resources in the Marine Environment of Nigeria 尼日利亚海洋环境渔业资源可持续养护法律框架

Brawijaya Law Journal Pub Date : 2022-10-31 DOI: 10.21776/ub.blj.2022.009.02.02

R. Moses-Òkè, M. Erhun

引用次数: 0

Punishment Policy for Perpetrators of the Criminal Offenses of Accepting and Giving Bribes in the Republic of Kosovo 科索沃共和国对受贿罪罪犯的处罚政策

Brawijaya Law Journal Pub Date : 2022-10-31 DOI: 10.21776/ub.blj.2022.009.02.07

A. Hajdari, Albulena Hajdari, Bashkim Jupolli

引用次数: 0

New and Renewable Energy: Ensuring the Hydropower Development Policy Meets the Community and the Environmental Participation Based on the Paris Agreement 新能源和可再生能源:基于《巴黎协定》确保水电开发政策符合社区和环境参与

Brawijaya Law Journal Pub Date : 2022-10-31 DOI: 10.21776/ub.blj.2022.009.02.01

Devi Rahayu, Wartiningsih Wartiningsih, Riesta Yogahastama

引用次数: 0

The Legal Impact and Relevance of Using Plea Bargains to Resolve Tax Disputes in Nigeria 利用辩诉交易解决尼日利亚税务纠纷的法律影响和相关性

Brawijaya Law Journal Pub Date : 2022-10-31 DOI: 10.21776/ub.blj.2022.009.02.06

P. Aidonojie

引用次数: 1

The Passport to Regulate Foreign Jurisdiction: The Personal Data Protection Bill, 2019 on its Extraterritorial Application 监管外国管辖权的护照：2019年《个人数据保护法案》域外适用

Brawijaya Law Journal Pub Date : 2022-04-30 DOI: 10.21776/ub.blj.2022.009.01.04

Vasishtan P

{"title":"The Passport to Regulate Foreign Jurisdiction: The Personal Data Protection Bill, 2019 on its Extraterritorial Application","authors":"Vasishtan P","doi":"10.21776/ub.blj.2022.009.01.04","DOIUrl":"https://doi.org/10.21776/ub.blj.2022.009.01.04","url":null,"abstract":"The Indian Personal Data Protection Bill, 2019 (PDP Bill) was formulated from the Recommendations of the Justice Srikrishna Report. This Bill was the first portkey for India’s exclusive data protection regime. Notably, there is an urgent need to establish a strong legal framework for data protection in India as this would be the only safehouse for protecting every individual’s personal data, including sensitive and critical data. The EU’s General Data Protection Regulation (GDPR) serves as a yardstick for global data protection regulation due to its architecture that places a great onus of compliance on foreign entities. This resolute extraterritorial nature that GDPR thatches on itself has inspired several upcoming worldwide data protection regimes. Consequently, the Joint Parliamentary Committee, which is tasked with reviewing India’s PDP Bill, has the responsibility to upgrade its stance to be tenacious and more obstinate, as well as ensure that the Bill has a strong extraterritorial foundation. This requirement comes with a plethora of challenges under international law as questions on cross-border jurisdictions are inevitable. This paper compares the PDP Bill with the GDPR and Brasil’s Lei Geral de Proteção de Dados (LGPD) and analyzes the key challenges emerging from the extraterritorial scope of these legislations through the lens of international law. Its main objective is to identify the possible and plausible solutions to these extraterritorial jurisdictional issues and highlight how the fundamental construction of India’s PDP Bill can be improved to effectively address the extraterritorial concerns.","PeriodicalId":31451,"journal":{"name":"Brawijaya Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49199075","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Malaysia and the Rome Statute of the International Criminal Court 马来西亚和《国际刑事法院罗马规约》

Brawijaya Law Journal Pub Date : 2022-04-30 DOI: 10.21776/ub.blj.2022.009.01.06

Fareed Mohd Hassan, M. M. Mohd Rusli

{"title":"Malaysia and the Rome Statute of the International Criminal Court","authors":"Fareed Mohd Hassan, M. M. Mohd Rusli","doi":"10.21776/ub.blj.2022.009.01.06","DOIUrl":"https://doi.org/10.21776/ub.blj.2022.009.01.06","url":null,"abstract":"Through its founding treaty, the Rome Statute, the establishment of the International Criminal Court (ICC) has received support and opposition from many countries. Despite working toward universal ratification or accession to the Rome Statute, Signatories and State Parties to the Rome Statute have decided not to ratify and withdraw from being Member States due to, among other reasons, the issue of immunity and criminal responsibility of the Head of State, which are not in line with their respective Constitution, particularly by Malaysia. As such, this study analyzes the position of immunity of the Head of State as well as the criminal responsibility of a military commander under international law, particularly under the Rome Statute and the Malaysian Constitution. Based on doctrinal analysis, this study argues that the Yang di-Pertuan Agong, as the Malaysian Head of State and the Commander-in-Chief of the Malaysian Armed Forces, has immunity before the national court and, thus, will be highly exposed to ICC jurisdiction because the complementary principle under the Rome Statute cannot be implemented. This study concludes that being a part of the ICC Membership is untimely for Malaysia without the reconciliation of these contradictions.","PeriodicalId":31451,"journal":{"name":"Brawijaya Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46270226","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Authoritarianism and Constitutional Politics in Post-Authoritarian Indonesian Society: Reemergence or Legacy 后威权主义印尼社会中的威权主义与宪政：再融合还是遗产

Brawijaya Law Journal Pub Date : 2022-04-30 DOI: 10.21776/ub.blj.2022.009.01.07

Y. Shimada

{"title":"Authoritarianism and Constitutional Politics in Post-Authoritarian Indonesian Society: Reemergence or Legacy","authors":"Y. Shimada","doi":"10.21776/ub.blj.2022.009.01.07","DOIUrl":"https://doi.org/10.21776/ub.blj.2022.009.01.07","url":null,"abstract":"This paper discusses how the legacy of authoritarianism in Indonesia has influenced the country’s post-authoritarian constitutional politics. Because of some degree of ideological continuity from the authoritarian period, post-authoritarian Indonesia shows a unique situation of constitutional politics. Specifically, the positioning of Pancasila as an incontestable state ideology exposes the freedom of expression and association to severe risks, even in post-authoritarian Indonesia. In the discussion of post-authoritarian Indonesian society and constitutional politics, I review how the violation of Pancasila has been defined in Indonesia both during and after the authoritarian period. To explore this issue, I examine the court judgments concerning the anti-subversion law in which anti-Pancasila activities were defined to restrict opinions. I then review the social organization law amended in 2017 to argue how the law links Pancasila with the discourse of Asian values. In conclusion, this paper argues that both during and after the authoritarian period, the interpretation of Pancasila was restricted, thus subjecting Indonesia’s political freedom to risk.","PeriodicalId":31451,"journal":{"name":"Brawijaya Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45499420","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Commencing Deep Seabed Mining: A Review on Law No. 3 of 2020 on Mineral and Coal Mining 开始深海采矿：对2020年第3号矿产和煤炭开采法的回顾

Brawijaya Law Journal Pub Date : 2022-04-30 DOI: 10.21776/ub.blj.2022.009.01.05

Evan Tobias

引用次数: 1

Sentencing over Objection to Mobilization as Military Reserve: An analysis of National and International Laws 反对动员为预备役的量刑:国内法与国际法的分析

Brawijaya Law Journal Pub Date : 2022-04-30 DOI: 10.21776/ub.blj.2022.009.01.01

A. Madjid

{"title":"Sentencing over Objection to Mobilization as Military Reserve: An analysis of National and International Laws","authors":"A. Madjid","doi":"10.21776/ub.blj.2022.009.01.01","DOIUrl":"https://doi.org/10.21776/ub.blj.2022.009.01.01","url":null,"abstract":"Law Number 23 of 2019 concerning National Resource Management for State Defense does not regulate conscientious objection, which refers to the right of a person to refuse to participate in a war or military service on the grounds of religion and morality. Their absence in such services is replaced by other responsibilities such as working in public health services, providing security, and being involved in other social services. Article 77 Paragraph (1) of Law Number 23 of 2019 expressly provides for sentences that should be imposed on those who refuse to serve as a military reserve, where the rule is not in accordance with the principle of conscientious objection which gives a person the right to refuse on the basis of conscience. This research discusses the legal consequences of the enactment of two rules regarding military service and the application of different conscientious objections. This study applied normative juridical methods and approaches to examine the consistency and relevance of various statutes and government regulations that govern conscientious objection. This study also used conceptual and statutory approaches to explore why conscientious objection is considered a ground for refusal to participate in conscription according to International Human Rights Law. The findings revealed that the conception of defense and compulsory military service in Indonesia does not leave any chance to guarantee the rights of citizens to refuse to participate in military service according to the conscience and belief of every individual (conscientious objection). This is in contrast to the regulatory provisions of international human rights ratified by Indonesia under the International Covenant on Civil and Political Rights. Additionally, there is a need for clear arrangements regarding conscientious objection and the requirements that must be met by citizens who submit these principles for the rejection of military service in Indonesia.","PeriodicalId":31451,"journal":{"name":"Brawijaya Law Journal","volume":"8 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41258993","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Civil-Military Cooperation (CIMIC) in Humanitarian Assistance and Disaster Relief (HADR): The Legal Frameworks 人道主义援助和救灾军民合作：法律框架

Brawijaya Law Journal Pub Date : 2022-04-30 DOI: 10.21776/ub.blj.2022.009.01.02

Panita Chaisorn

引用次数: 1