R. Kurniaty, S. Widagdo, Patricia Audrey Ruslijanto, H. Suryokumoro
{"title":"Un Security Council Resolutions in the Legal System: Lesson Learned from Singapore","authors":"R. Kurniaty, S. Widagdo, Patricia Audrey Ruslijanto, H. Suryokumoro","doi":"10.21776/ub.blj.2022.009.01.03","DOIUrl":"https://doi.org/10.21776/ub.blj.2022.009.01.03","url":null,"abstract":"United Nations (UN) Security Council (UNSC) resolutions (UNSCRs) are adopted by a vote of the five permanent members and ten non-permanent members of the UNSC. Each UNSCR is understood to be part of the “primary responsibility for the maintenance of international peace and security” of the UN. The Indonesian government has been encouraged by various parties to make a legal instrument that would enforce the UNSCRs. Such an instrument would serve to bridge and reduce gaps in the rule of law regarding the enforcement of UNSCRs for nations. However, the government of Indonesia faces several challenges in implementing legal instruments for the UNSCRs. This article maintains that it is crucial to study accommodative policies regarding the national enforcement of UNSCRs by considering the example of Singapore. Singapore has special laws that respond to UNSCRs (The UN Act Chapter 339-UN Act). UN Act 339 is the legal umbrella in Singapore for the government’s implementation of UNSCRs. The UN Act is also an attempt by the Singaporean government to carry out its international obligations to the United Nations.","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":"42358098","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}
U. Pati, Kukuh Tejomurti, Pujiyono Pujiyono, Pranoto Pranoto
{"title":"Fintech Remittance Syariah : The Solution of Collection Ziswaf Overseas","authors":"U. Pati, Kukuh Tejomurti, Pujiyono Pujiyono, Pranoto Pranoto","doi":"10.21776/ub.blj.2021.008.02.07","DOIUrl":"https://doi.org/10.21776/ub.blj.2021.008.02.07","url":null,"abstract":"Fundraising cross-border Zakah, infaq (charity spending), waqf (endowment) and sadaqah (voluntary charity) (ZISWAF) stated in Article 16 Law No. 23/2011 on Zakat Management is carried out by Baznas by forming UPZ representatives of the Republic of Indonesia abroad. The power of fintech that might be operated on a global scale can be an alternative for ZISWAF international friendly transfers. Based on the Islamic Finance News (IFN) report, as many as 142 Islamic fintechs are available worldwide. Islamic FinTech offers the opportunity to become more applicable to global Muslims. This article is a normative economic analysis on the basis of secondary data. This study found that there are three methods for managing transnational ziswaf that have been used globally, i.e, fintech crowdfunding cryptocurrency using a blockchain-based system, Payment via foreign fintech and fintech transfer peer-to-peer remittance, However, due to a number of variables, fintech remittance has an edge in the innovation of collecting ziswaf overseas in terms of popularity and halal transactions, despite the fact that it is not in the form of sharia. However, the development of sharia fintech remains the main goal of implementing muamalah in a kaffah ways. Key word: jizwaf, fintech syariah, ziswaf overseas, remittance","PeriodicalId":31451,"journal":{"name":"Brawijaya Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47430343","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}
{"title":"Need for Revamping Information Technology Laws in India","authors":"I. Walia, Dinesh Kumar","doi":"10.21776/ub.blj.2021.008.02.03","DOIUrl":"https://doi.org/10.21776/ub.blj.2021.008.02.03","url":null,"abstract":"","PeriodicalId":31451,"journal":{"name":"Brawijaya Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45072829","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}
{"title":"Fraud in the comperative perspective of civil and criminal law with special focus in Kosovo","authors":"Egzonis Hajdari, Albulena Hajdari, A. Hajdari","doi":"10.21776/ub.blj.2021.008.02.04","DOIUrl":"https://doi.org/10.21776/ub.blj.2021.008.02.04","url":null,"abstract":"The object of this study is fraud in the comparative aspect of civil and criminal law based on the relevant legislation and Kosovo legal theory. The results of this study prove that fraud in the Kosovo courts practice is relatively common, and that there are many irregularities in its handling. Irregularities mostly refer to the lack of clarity matter of differences that this harmful phenomenon contains in itself when handled in the civil legal aspect from the treatment given to it in the criminal legal aspect. These uncertainties have influenced that in each concrete case the phenomenon of fraud in Kosovo is first addressed in the criminal aspect and then eventually in the civil aspect. The study highlights the similarities, differences and existing ambiguities of fraud when handled in the civil legal aspect from the treatment given to it in the criminal legal context, as well as it addresses the appropriate ways of clarifying such situation. The contribution of this study is theoretical and practical, bearing in mind the fact that it deals with an almost unaddressed issue in Kosovo and perhaps in many other countries.","PeriodicalId":31451,"journal":{"name":"Brawijaya Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45462419","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}
{"title":"Covid 19 in the face of Contemporary International Law","authors":"N. Norouzi, Elham Ataei","doi":"10.21776/ub.blj.2021.008.02.06","DOIUrl":"https://doi.org/10.21776/ub.blj.2021.008.02.06","url":null,"abstract":"The outbreak of COVID-19 is an international crisis that has been unprecedented for the past hundred years. The virus was first reported in Wuhan China in late 2019 and gradually spread worldwide. In such circumstances the effectiveness of international law in protecting human lives and promoting the right to health has been severely tested. More importantly in the words of Michel Bachelet (A UN official) the COVID-19 has become a benchmark for the international community. This article will analyze how international law deals with the COVID-19 crisis in several areas: First the World Health Organization’s role as the main body responsible for protecting human healthcare in the face of the COVID-19 outbreak will be analyzed. Second the international responsibility of States in guaranteeing the right to health will be assessed to determine the effectiveness of international law. Third the suspension of human rights abuses due to the COVID-19 outbreak emergency will be tested in the international human rights system. Finally the performance of the UN Security Council in dealing with this pandemic is examined. In each area the question is to what extent the current structure of international law effectively deals with international crises and preserves human dignity. Keywords: COVID-19, International Law, World Health Organization, United Nations Security Council, International Responsibility of Governments, State of Emergency","PeriodicalId":31451,"journal":{"name":"Brawijaya Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44860710","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}
S. Widagdo, Ikaningtyas Ikaningtyas, F. Susanto, M. C. Hidayat
{"title":"Synergy in the Fulfilment of National Interest in Efforts to Handle Refugees in Indonesia through Repratiation and Resettlement","authors":"S. Widagdo, Ikaningtyas Ikaningtyas, F. Susanto, M. C. Hidayat","doi":"10.21776/ub.blj.2021.008.02.05","DOIUrl":"https://doi.org/10.21776/ub.blj.2021.008.02.05","url":null,"abstract":"","PeriodicalId":31451,"journal":{"name":"Brawijaya Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48558147","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}
{"title":"Juxtaposing Fiduciary Constitutionalism and Administrative Constitutionalism in the Context of Enhancing the Indonesian Constitution","authors":"David Tan","doi":"10.21776/ub.blj.2021.008.02.02","DOIUrl":"https://doi.org/10.21776/ub.blj.2021.008.02.02","url":null,"abstract":"","PeriodicalId":31451,"journal":{"name":"Brawijaya Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42627423","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}
{"title":"The Politics of Indonesias Decentralization Law Based on Regional Competency","authors":"N. Prasetyo, M. Fadli, T. Sn, M. Safaat","doi":"10.21776/ub.blj.2021.008.02.01","DOIUrl":"https://doi.org/10.21776/ub.blj.2021.008.02.01","url":null,"abstract":"Local governments have undergone various regulatory developments since Indonesia's independence 75 years ago. Various aspects underlying the development and changes in local government policies can be analyzed using several approaches, such as historical, philosophical, and sociological. This paper will discuss how the legal politics of the development of local government implementation, especially in terms of decentralization. Furthermore, the author will explain about the opportunities for implementing decentralization based on regional capacity to promote welfare of society. This research is normative juridical research using historical approach, conceptual approach, and legal approach. It can be said that the implementation and development of local government implementation is strongly influenced by various aspects other than the legal factor itself. Furthermore, there is still the possibility of implementing decentralization based on regional capacity as an effort to promote social welfare.","PeriodicalId":31451,"journal":{"name":"Brawijaya Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48792802","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}
{"title":"Modus of Girls Trafficking in Bongas Indramayu: Victimology Perspective","authors":"H. Hamja, Faizin Sulistio","doi":"10.21776/UB.BLJ.2021.008.01.08","DOIUrl":"https://doi.org/10.21776/UB.BLJ.2021.008.01.08","url":null,"abstract":"The Regency of Indramayu has been stigmatised as a land of trafficking of women and children, not only at national level, but it has also transcended overseas. This research is aimed to seek deeper into the perspective of the victims from Bongas, Indramayu regarding their involvement in the trafficking. This research employed case study method and field observation based on descriptive-analytical approach. This research reveals that the majority of the people in Indramayu are living in the breadline, and they are mostly poorly educated. Women in Indramayu are even denounced as the breadwinner, or locally called as “luruh duit” or rushing for money, and this term is inappropriately interpreted; women are burdened with the responsibility to raise the economic status of the families by working in big cities. The culture of earning money by migrating to big cities is seen as a chance for human trafficking. This research also suggests some strategies such as co-assisting and developing the program to identify, rehabilitate, and reintegrate the victims of the crime.","PeriodicalId":31451,"journal":{"name":"Brawijaya Law Journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42454418","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}
{"title":"The State of Policy of Anti Domestic Violence During Covid-19 Pandemic in Indonesia","authors":"Ani Purwanti, F. Setiawan","doi":"10.21776/UB.BLJ.2020.007.02.07","DOIUrl":"https://doi.org/10.21776/UB.BLJ.2020.007.02.07","url":null,"abstract":"COVID-19 (a new strain of corona virus) has been declared a global pandemic. In Indonesia, The measures announced over the past few months have drastically changed people's daily lives. However, there are negative, unintended consequences. As the virus continues to spread around the world, it brings many new stresses, including physical and psychological health risks, isolation and loneliness, the closure of many schools and businesses, economic vulnerability, and job loss. Through all of this, children and their mothers are very vulnerable (End Violence against Children, 2020) to the risk of domestic violence. Currently, Covid-19 is a serious threat to the human population on earth because even though it has a health security dimension, it has an impact on other security dimensions. This research concluded that the domestic violence, in gender mainstreamed legal studies, can be included as a threat to human security (human security) which is exacerbated by the pandemic. In the context of policy, Covid-19 requires the participation of various national and cross-country actors, countries and state actors in efforts to resolve it. In that category, the state needs to work with various non-state actors to eradicate domestic violence.","PeriodicalId":31451,"journal":{"name":"Brawijaya Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46074999","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}