Brawijaya Law Journal最新文献_第4页

Functionalization of the Village Head as Customary Leader in the Social Field in South Sumatra 南苏门答腊岛社会领域中村长作为习惯领袖的功能化

Brawijaya Law Journal Pub Date : 2020-04-30 DOI: 10.21776/ub.blj.2020.007.01.04

Abdullah Abdullah, K. S. Hasan, Iza Rumesten, Taroman Pasyah

{"title":"Functionalization of the Village Head as Customary Leader in the Social Field in South Sumatra","authors":"Abdullah Abdullah, K. S. Hasan, Iza Rumesten, Taroman Pasyah","doi":"10.21776/ub.blj.2020.007.01.04","DOIUrl":"https://doi.org/10.21776/ub.blj.2020.007.01.04","url":null,"abstract":"The presence of the New Order government has brought about changes in the lowest level of government, which fairly basic leads to some institutional unification and uniformity. This has resulted in the loss of legal community units in Indonesia. The loss of indigenous community units began with the beginning of Law Number 5 of 1979 on Village Governance as a follow-up to the birth of Law Number 5 of 1974 on the Principles of Government in the Regions. Correspondingly, in South Sumatra, the lowest institutional governance tool, which is also a territorial indigenous community unit called Marga was abolished through the Decree of the Governor of South Sumatra No.142/ KPTS/1983. With the abolition of the Marga, it implies the loss of a typical indigenous institution of South Sumatra, which was merged into the Village institution as stipulated in Law Number 5 of 1979 on Villages. As a result, all the lowest institutions in South Sumatra switched their names to villages including, their functions and authorities. The removal of the Marga government and being replaced with the Village, has resulted in the loss of social functions and the function of resolving disputes customarily manner in the community. The function shift of the village head was not necessarily the transfer of the authority of the pesirah Margahead to the village head in resolving arising problems in the community. As a result of this obscurity of the function, all arising problems in the community should resolve by the formal public law determined by the state. This results in an imbalance in the lowest community, including in villages in South Sumatra, to break the chain, the research framework has carried out to answer these problems.","PeriodicalId":31451,"journal":{"name":"Brawijaya Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47913525","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

Regional Economic Development Strategy: Increasing Local Generated Domestic Revenue of the Regional-Owned Enterprises in the Oil and Gas Sector 区域经济发展战略:增加石油和天然气领域区域所有企业的本地国内收入

Brawijaya Law Journal Pub Date : 2020-04-30 DOI: 10.21776/ub.blj.2020.007.01.05

I. Qurbani, Theresia Sumarno, R. W. N. Cassy

{"title":"Regional Economic Development Strategy: Increasing Local Generated Domestic Revenue of the Regional-Owned Enterprises in the Oil and Gas Sector","authors":"I. Qurbani, Theresia Sumarno, R. W. N. Cassy","doi":"10.21776/ub.blj.2020.007.01.05","DOIUrl":"https://doi.org/10.21776/ub.blj.2020.007.01.05","url":null,"abstract":"This paper illustrates how to develop a local development strategy in the establishment regulation of regional enterprises in the oil and gas sector in Bojonegoro District, Indonesia. This paper focuses on the locally generated domestic revenue in Bojonegoro, which have believed to be one of the most important strategies in their economic development. The oil and gas sector has contributed to almost 50% of the regional economic growth in Bojonegoro. However, the community in the region has not yet received an optimal benefit from the contribution as this sector only contributes 4.6% for its local employment in 2018 in comparison with the agrarian sector which contributes 36% for its local employees. The legal research conducted in this paper is juridical normative research by emphasising the establishment arrangement of the oil and gas regional enterprises to increase the locally generated domestic revenue from the sector. According to the Ministry Regulation of Ministry of Energy and Mineral Resources (MoEMR) Republica of Indonesia No. 1, 2008 on Guidelines for the Exploitation of Petroleum Mining in Mature Field stated that any Local (Village) Enterprise Unit (“KUD”) or Regional Local Enterprises (“BUMD”).","PeriodicalId":31451,"journal":{"name":"Brawijaya Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43069167","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: 3

Institutional Policy in Land Procurement Under The Omnibus Law Regime 综合法律制度下的土地征用制度政策

Brawijaya Law Journal Pub Date : 2020-04-30 DOI: 10.21776/ub.blj.2020.007.01.02

Imam Kuswahyono, Hikmatul Ula

{"title":"Institutional Policy in Land Procurement Under The Omnibus Law Regime","authors":"Imam Kuswahyono, Hikmatul Ula","doi":"10.21776/ub.blj.2020.007.01.02","DOIUrl":"https://doi.org/10.21776/ub.blj.2020.007.01.02","url":null,"abstract":"The legal culture procedure with socio-legal analysis will be able to answer the fundamental questions in the problems of practices of land procurement for public interests, in particular the issue of compensation. The crucial issue of compensation within the implementation of the policy of land procurement regards the non-equivalence of land value, both utility value and economic value of structures and landscapes, to the monetary compensation. The use of the legal culture approach is to provide answers and implement them to resolve issues of land procurement for public interests in the omnibus law regime to maintain justice to landowners and preserve the environment. The correlation of the cultural approach and activities of land procurement is that culture refers to the target of the national conscience, and the cultural approach based on the growth mindset will result in wisdom and nobility of the decisions of public officials to prioritize the people rather than interests of investment. The government must choose to renegotiate the policy of enacting the Law of Employment Creation, which is judged by the greater public to conflict with the spirit and mandate of the Preamble and contents of the 1945 Constitution. It needs renegotiation between the state and people by discussing in-depth the legal substance of the law is not performed, and then the law in question must have its enactment firmly rejected.","PeriodicalId":31451,"journal":{"name":"Brawijaya Law Journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41450909","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: 3

Governing Blockchain-based Token in Indonesia: Legal and Technical Perspective 在印度尼西亚管理基于区块链的代币:法律和技术角度

Brawijaya Law Journal Pub Date : 2020-04-30 DOI: 10.21776/ub.blj.2020.007.01.08

W. Santoso, Araya Anggara Putra, Jonathan Hendson Passagi, Yoda Rifky Hanindya, Annisa Azura Tagar

{"title":"Governing Blockchain-based Token in Indonesia: Legal and Technical Perspective","authors":"W. Santoso, Araya Anggara Putra, Jonathan Hendson Passagi, Yoda Rifky Hanindya, Annisa Azura Tagar","doi":"10.21776/ub.blj.2020.007.01.08","DOIUrl":"https://doi.org/10.21776/ub.blj.2020.007.01.08","url":null,"abstract":"In the past decade, blockchain technology has caught the world's attention because of its disruptive nature in various industries. Along with blockchain adoption, blockchain-based token, or more popularly known as the \"token\", are widely used as a representation of a certain asset. In its development, blockchain innovators continue to encourage the birth of new tokens with more diverse attribution. From the regulator's point of view, the above gave rise to problems in the formation of regulations relating to tokens, mainly on its legality whether token will be determined as currency, securites, or commodity. If regulations still cannot catch up with the gap of technological advancement, this will actually hinder the development of blockchain technology in Indonesia. The token regulatory framework has been designed in several countries which have provided clear distinguishing characteristics for each type of token. However, in Indonesia, the absence of a clear and distinct definition of the types of tokens creates legal uncertainty for stakeholders. Therefore, this paper aims to give clarity to the legality of Blockchain-based tokens in Indonesia.","PeriodicalId":31451,"journal":{"name":"Brawijaya Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42145309","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: 1

Restorative Justice: an Alternative Process for Solving Juvenile Crimes in Indonesia 恢复性司法:印尼解决青少年犯罪的替代程序

Brawijaya Law Journal Pub Date : 2019-10-31 DOI: 10.21776/ub.blj.2019.006.02.03

Mahfud Jufri, N. M. Nazeri, Saroja Dhanapal

{"title":"Restorative Justice: an Alternative Process for Solving Juvenile Crimes in Indonesia","authors":"Mahfud Jufri, N. M. Nazeri, Saroja Dhanapal","doi":"10.21776/ub.blj.2019.006.02.03","DOIUrl":"https://doi.org/10.21776/ub.blj.2019.006.02.03","url":null,"abstract":"Restorative justice concept may refer to an alternative process for solving disputes including criminal law violation has been well known in Indonesia. The Act Number 11, 2012 on Juvenile Justice System has acknowledged restorative justice approach as a part of criminal justice system in dealing with a child in conflict with the law. It has become an essential provision in the Act as it provides option for law enforcers to avoid punishing juvenile offenders through traditional criminal approach. This research aims to examine restorative justice for juvenile offenders in Indonesia based on the Juvenile Justice System Act Number 11, 2012 as a form of alternative dispute resolution for juvenile crimes and other related laws and to provide a brief of the implementation of restorative justice in Indonesia that is integrally enforced in Indonesian criminal justice system dealing with a child in conflict with the law. It divides the discussion into two parts restorative justice in the juvenile justice system act 2012 and the implementation of restorative juvenile justice in Indonesia. In order to response to these research aims, this paper employs doctrinal legal research.","PeriodicalId":31451,"journal":{"name":"Brawijaya Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49135455","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: 7

Compensation as Sanctions for the Perpetrators of Corruption in the Dimensions of Indonesian Criminal Law Renewal 赔偿作为对印尼刑法更新维度中腐败行为人的制裁

Brawijaya Law Journal Pub Date : 2019-10-31 DOI: 10.21776/ub.blj.2019.006.02.06

K. Kurniawan, Dwi Ratna Indri Hapsari, Yaris Adhial Fajrin, Ach. Faisol Triwijaya

{"title":"Compensation as Sanctions for the Perpetrators of Corruption in the Dimensions of Indonesian Criminal Law Renewal","authors":"K. Kurniawan, Dwi Ratna Indri Hapsari, Yaris Adhial Fajrin, Ach. Faisol Triwijaya","doi":"10.21776/ub.blj.2019.006.02.06","DOIUrl":"https://doi.org/10.21776/ub.blj.2019.006.02.06","url":null,"abstract":"Corruption is one of the negative consequence of corporate crime. Corruption perpetrators from corporations are still relatively new in Indonesia, so legal reform is still needed, which is close to the purpose of criminal law. The existence of legal sanction in the form of compensation becomes a breakthrough for one type of sanction and can impose the perpetrator of corruption. Thus, in this study, we want to find a theoretical basis for corporate punishment that commits corruption and the existence of criminal sanctions for corporate compensation as perpetrators of corruption in efforts to renew criminal law. This study uses normative research by approaching the conceptual approach. From this research, finding a corporate foundation that commits corruption can be imposed by a criminal is in line with the purpose of punishment as well as by ius constituendum. For compensation that is an alternative to corporate punishment as a perpetrator of corruption, it can be brought down along with the principal penalty which has the purpose of accountability and reconciliation, guidance, reintegration, socialization or means of resolving conflicts to the community.","PeriodicalId":31451,"journal":{"name":"Brawijaya Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42338375","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: 3

Urgency of the Contempt of Court Criminalization Policy to Overcome Harassment Against the Status and Dignity of Courts 藐视法院定罪政策克服对法院地位和尊严的骚扰的紧迫性

Brawijaya Law Journal Pub Date : 2019-10-31 DOI: 10.21776/ub.blj.2019.006.02.07

H. Disemadi, K. Roisah

引用次数: 10

State Regulation on Business Entities Owned by State Universities: Losses and Liability 国家对国有高校经营主体的规定：损失与责任

Brawijaya Law Journal Pub Date : 2019-10-31 DOI: 10.21776/ub.blj.2019.006.02.08

S. Hadiyantina, Nandaru Ramadhan

{"title":"State Regulation on Business Entities Owned by State Universities: Losses and Liability","authors":"S. Hadiyantina, Nandaru Ramadhan","doi":"10.21776/ub.blj.2019.006.02.08","DOIUrl":"https://doi.org/10.21776/ub.blj.2019.006.02.08","url":null,"abstract":"The Act of Higher Education stated that Higher Education Management Autonomy is carried out by the basis and objectives and abilities of tertiary institutions. This causes not all State Universities to have the same status, one of which is Legal Entity State University. Legal Entity State University is a state university established by the government which is an autonomous public legal entity. Implementing regulations related to Legal Entity State University is Government Regulation Number 26 in 2015 on the Form and Mechanism of Legal Entity State University Funding. The Government Regulation indicates that Legal Entity State University can have a business entity. The problem is, if the Legal Entity State University carries out a business activity, there will be a possibility that the business will suffer losses. If there is a loss, how is the liability for the loss of the Legal Entity State University? Based on the business judgment rule doctrine, not every business loss is classified as a state loss. If the financial loss is not caused by intentional acts against the law or abuse of authority, then that matter is not classified as a state loss. If the losses included state losses, then the liability losses caused by the activities of those business entities owned by state universities are carried out in three ways, there are criminal liability, civil liability, and accountability in the state administrative law.","PeriodicalId":31451,"journal":{"name":"Brawijaya Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49375433","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

Characteristic and Legality of Non-Litigation Regulatory Dispute Resolution Based on Constitutional Interpretation 基于宪法解释的非诉讼规制争议解决的特征与合法性

Brawijaya Law Journal Pub Date : 2019-10-31 DOI: 10.21776/ub.blj.2019.006.02.04

M. R. Winata, Z. Aditya

{"title":"Characteristic and Legality of Non-Litigation Regulatory Dispute Resolution Based on Constitutional Interpretation","authors":"M. R. Winata, Z. Aditya","doi":"10.21776/ub.blj.2019.006.02.04","DOIUrl":"https://doi.org/10.21776/ub.blj.2019.006.02.04","url":null,"abstract":"Hyper-regulation and disharmonization of regulations is a serious challenge in Indonesia. Ministry of Law and Human Right make a breakthrough stipulates regulation on Regulatory Dispute Resolution through Non-litigation. This mechanism is unique because commonly alternative dispute resolution (ADR) used in civil law however, this instrument exercised in constitutional law. There are two research questions: First, what are the typical characteristics of non-litigation regulatory dispute resolution on Indonesia norm harmonization system; Second, how is the legality of non-litigation regulatory dispute resolution, mainly based on constitutional perspective. Author use statute, conceptual, and historical approach as research methods. The research result found the typical characteristics of non-litigation regulatory dispute resolution that most distinguish from litigation resolution: the resolution institution is Ministry under the executive branch, the final results limited only give a recommendation, and the nature of recommendation not final and binding. Next, the legality of the authority found even though only regulated at the level of Ministerial of Law and Human Rights Regulation. However, in the analysis of constitutional interpretation methods shows clearly this authority is legally based (1) Textual interpretation; (2) Structural interpretation; (3) Prudential interpretation; and (4) Consensus interpretation. Although, by nature, this process limited to resolve the conflict between norms and overregulation because it is voluntary and the result only recommendation, but the important thing is it can open alternative resolution to stimulate the harmonization and streamlining of regulations.","PeriodicalId":31451,"journal":{"name":"Brawijaya Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45767106","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

Criminal Law Enforcement of Indonesian Commerce Act Number 7 the Year 2014 for Corporation Perpetrators: Why It Will Be Difficult 印尼2014年第7号商业犯罪法的刑事执法:为什么会很困难

Brawijaya Law Journal Pub Date : 2019-10-31 DOI: 10.21776/ub.blj.2019.006.02.01

A. Zakaria

{"title":"Criminal Law Enforcement of Indonesian Commerce Act Number 7 the Year 2014 for Corporation Perpetrators: Why It Will Be Difficult","authors":"A. Zakaria","doi":"10.21776/ub.blj.2019.006.02.01","DOIUrl":"https://doi.org/10.21776/ub.blj.2019.006.02.01","url":null,"abstract":"Indonesian laws have recognized the legal person as a subject of criminal law. It can be seen in all regulations enacted recently acknowledging that “any person” is a natural person (natuurlijk persoon) and legal person (rechtspersoon) who are liable for criminal punishments. Related to legal person or corporation, Indonesia, on the other hand, regulates corporate criminal responsibility differently in every single law. Some laws contain complete provisions, but others may fail to set the regulation properly. The Indonesian Commerce Act Number 7 the year 2014, for example, the legislators might miss drawing the provisions regulating corporate criminal responsibility. The Act recognizes corporations as a legal subject, but there is the absence of provisions related to when corporations shall be categorized committing a crime, which party shall be responsible when corporations shall be responsible, and what punishments shall be proper for corporations. Furthermore, it is commonly used, that if there is an absence of criminal law provisions in an act, the Criminal Code and Criminal Procedure Code will be the referral sources. In terms of corporate criminal responsibility regulation, however, both the Criminal Code and Criminal Procedure Code do not recognize the corporation as the subject of criminal law. Thus, the codes may not suitable as the referral sources for corporate crime law. Unfortunately, corporations violating the Act, then, will be difficult to be enforced in the judicial process. As a legal research paper, it will argue that the absence of the provision related to corporate criminal responsibility leads to the failure of law enforcement of corporation wrongdoings by presenting prospective consequences of the absence of such provisions.","PeriodicalId":31451,"journal":{"name":"Brawijaya Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44086681","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