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INDONESIA
Brawijaya Law Journal
Published by Universitas Brawijaya
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
BRAWIJAYA LAW JOURNAL, Journal of Legal Studies Brawijaya Law Journal (BLJ) is a newly established journal in the field of legal studies. The Journal is published annually by Law Faculty Brawijaya University, Indonesia. BLJ is an open access, peer-reviewed e-journal which aims to offer an international scientific platform for national as well as cross-border legal research. 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 topical issues of law. Printed version of the series can be printed on demand (POD). The website of the journal can be accessed through lawjournal.ub.ac.id
Arjuna Subject : -
Articles 88 Documents
INTERPRETATION PUBLIC POLICY IN RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARD IN INDONESIA TURN ASIDE THE LEGAL CERTAINTY Amriani, Nurnaningsih
Brawijaya Law Journal Vol 1, No 1 (2014): Legal and Development
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2014.001.01.03

Abstract

Does not violate “public policy (public order/openbaare orde)” is the one of the main reasons for the recognition and enforcement of foreign arbitral award in Indonesia. It follow the rules of Article V of the New York Convention 1958 in which Indonesia ratified through Presidential Decree No. 34 of 1981. This article aims to provide a form of judge interpretation of the meaning of public order before and after the enactment of Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution, so there is no legal certainty. Therefore the meaning of "public policy" does not limit the scope described in the decree and the Arbitration Act, therefore the interpretation obtained by the decision of the Supreme Court who refused and received recognition of foreign arbitral award in Indonesia. Through the interpretation of this article, the parties involved in the arbitration agreement can predict whether their arbitration award may be given the recognition and implementation in Indonesia.
NATURAL DISASTER AS THE REASON TO WRITING OFF BANKING CREDIT IN INDONESIA Siahaan, Rudy Haposan
Brawijaya Law Journal Vol 1, No 1 (2014): Legal and Development
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2014.001.01.02

Abstract

Non-performing loans is a credit risk in the banking business. One of them is due to natural disasters and this is a force majeure  where the presence of unexpected events that occurred outside the fault of the debtor after entering into the agreement, these events preclude the debtor from fulfilling his achievements before debtor is declared to be negligent and therefore the debtor cannot be blamed and do not bear the risk for such events. Natural disasters are included in clause of force majeure. It must be explained the definition and criteria in the loan agreement in detail, as this brings the law result to writing off the debt (liabilities) to the creditor (Bank). The writing off bank credit as a result of natural disasters can be performed with the following reasons: a) The natural disaster was declared as a national disaster by the governments decision, b) Debtor bank including in the criteria that is directly affected by the disaster, and c) the obligation of reserving from the bank over loans given to debtor in the form of Loan Loss Provision (LLP). In addition to it, in practice, the non-legal factors settlement produce a new model law, therefore the writing off the non-performing due to natural disasters need strong legal basis within the framework of the legal system in the banking regulation in the form of legislation so that the force majeure clause of the Banking Credit Agreement has a binding force power.
THE PROTECTION OF PECALANG AS A SECURITY AT CONFERENCES (BETWEEN FUNCTIONS IN THE CUSTOMARY VILLAGE AND AS AN EMPLOYEE) Wiryawan, I Wayan Gde
Brawijaya Law Journal Vol 1, No 1 (2014): Legal and Development
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2014.001.01.05

Abstract

Pecalang is a unit of traditional security officers in Bali, who have the authority to maintain the order and security in the region of customary village. This research is normative legal research. Legal materials derived from primary legal materials, secondary legal materials, and tertiary legal materials. Pecalang as an instrument for securing the customary village is the unity of the traditional safeguards of every customary village in Bali in charge of maintaining the order in their village. The existence of the pecalang in securing the conference is a requirement of the event organizer. Pecalang as a non-permanent employee in securing the conference employed only in a specified period that is prior to and during the conference. As non-permanent employees then pecalang are entitled to protection.
SUSTAINABLE DEVELOPMENT IN MALAYSIA: THE WAY FORWARD AND CHALLENGES IN THE MODERN ERA Basir, Salawati Mat
Brawijaya Law Journal Vol 1, No 1 (2014): Legal and Development
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2014.001.01.01

Abstract

ABSTRACT The 1992 United Nations Conference on Environment and Development or “Earth Summit” that was held in Rio de Janeiro, Brazil had established Agenda 21 which contain the blueprint for sustainability in the 21st century. Malaysia, in achieving the 21 Agenda had formulated initiatives and efforts to achieve the objective of sustainable development in all aspects, particularly social, economy and environment. This research analysed steps and efforts taken by government to achieve target of Vision 2020 to be a fully developed nation in terms of economy, social justice, political stability, quality of life and social values. Other than that, this research analysed the challenges and dilemma faced by Malaysia that can hinder Malaysia to achieve the sustainable development holistically and recommendations to overcome this challenges and dilemma.  Keywords: Sustainable development, Malaysia, Agenda 21, challenges.   
INTERNATIONALLY LEGAL MEASURES TO COMBAT TERRORIST FINANCING Yuniarti, Yuniarti
Brawijaya Law Journal Vol 1, No 1 (2014): Legal and Development
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2014.001.01.04

Abstract

Following the terrorist attacks in the USA on September 11th, 2001, it was discovered that money laundering was a significant source of finance for terrorists. Although, the amount of money that involve is not as involve as in drug and gun trafficking, terrorist financing had been the most important substance to be monitor. Further, various legal measures have been taken internationally in order to combat terrorist financing. This research analyses the legal measures that have been taken internationally and at EU level to combat terrorist financing.Key words: Money Laundering, Terrorist Financing, International Legal measures, EU.
COUNTER-TERRORISM IN INDONESIA Meliala, Jordan Sebastian
Brawijaya Law Journal Vol 2, No 1 (S) (2015): Contemporary Issues in South-East Asia Countries
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (971.865 KB) | DOI: 10.21776/ub.blj.2015.002.01.05

Abstract

Since the incident of World Trade Center (WTC) in USA, Indonesia has become an easy target for the next terrorism. Counterterrorist campaigns can be undertaken by military and paramilitary forces. Counterterrorism refers to proactive policies that specifically seek to eliminate terrorist environments and groups, Regardless of which policy is selected, the ultimate goal of counterterrorism is clear: to save lives by proactively preventing or decreasing the number of terrorist attacks. But, so far the Government of Indonesia is only able to capture the terrorists but is unable to eradicate terrorism. Therefore, the government of Indonesia still needs a comprehensive ways to counter terrorism in Indonesia
ALIGNMENT OF MALAYSIA AND ASEAN AGREEMENTS ON ICT LAWS: A REVIEW Manap, Nazura Abdul
Brawijaya Law Journal Vol 2, No 1 (S) (2015): Contemporary Issues in South-East Asia Countries
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (345.872 KB) | DOI: 10.21776/ub.blj.2015.002.01.01

Abstract

The mega Multimedia Super Corridor (MSC) project launched in 1996 is a strong endorsement of the Malaysian government’s commitment towards developing the ICT industry in Malaysia. To attract world-class technology companies and prepare the local ICT industry, the government has offered MSC Malaysia Status to companies developing or using multimedia technologies in producing and enhancing their products and services and locating in any of the 26 Cybercities and Cyber centres in Malaysia. MSC status confers incentives, rights and privileges under the MSC Malaysia Bill of Guarantees. This ICT initiative also underlies Malaysia’s commitment to lead the region in protecting intellectual property and adherence to cyber laws. As a member of E-ASEAN this assurance aligns with the e-ASEAN initiative “…to adopt electronic commerce regulatory and legislative frameworks that create trust and confidence for consumers and facilitate the transformation of businesses towards the development of e-ASEAN”. This paper identifies and analyses the extent of the Malaysian government’s compliance with e-ASEAN principles particularly in the legal and regulatory aspects.
PRESS FREEDOM IN SINGAPORE AND MALAYSIA: DEFAMATION Chapman, Georgia Kate
Brawijaya Law Journal Vol 2, No 1 (S) (2015): Contemporary Issues in South-East Asia Countries
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (281.588 KB) | DOI: 10.21776/ub.blj.2015.002.01.02

Abstract

This paper focuses on the arguments around restriction on freedom of the press in the Strong States of Singapore and Malaysia. It assesses the presence of constraints on press freedoms in democratic western countries imposed by corporation rather than state and the similar effects that these constraints may have on bias present in publicly accessible news reporting. It argues that independence of the press does not just require protection from legal and executive regulation, but also protection from large media corporations and their political alignments. This report will assess the bias of reporting and news media publication that exists in Malaysia and Singapore due to legislative and regulatory constraints as opposed to bias that exist in the western liberal democratic nations of the United Kingdom (UK) and the United States of America (USA) due to Media Organisation control.
FREEDOM OF INFORMATION IN INDONESIA AND AUSTRALIA Partridge, Jodie
Brawijaya Law Journal Vol 2, No 1 (S) (2015): Contemporary Issues in South-East Asia Countries
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (354.374 KB) | DOI: 10.21776/ub.blj.2015.002.01.03

Abstract

Freedom of Information laws promote access to data held by government authorities in the public sector to mainstream society. Such laws have been enacted on a global scale however the obedience they have attracted is not consistent amongst each geographical location. Freedom of Information Laws have been enacted in Indonesia, it was a scheme introduced in 2008 which included many different components that were to improve each individual’s right to communicate and obtain information for the purpose of developing themselves and their current political and social environment. The adequacy of the Freedom of Information is a questionable notion in the grand scheme of Indonesia’s legal environment as its effectiveness and motives are rather questionable. It has been acknowledged that this initiative is still developing on a national scale, which raises the main question, is 6 years long enough for a scheme to still be dubbed as ‘developing’? This text will analyse the advantageous and pitfalls of the legislative instrument ending with a comparative analysis with the current situation that Australia experiences.
GOVERNMENTAL CONTROL ON JURNALISTIC PRACTICE IN PSEUDO-DEMOCRATIC MALAYSIA AND SINGAPORE OR BIG COMPANY CONTROL ON JOURNALISTIC PRACTICE IN ESTABLISHED-DEMOCRATIC AUSTRALIA: WHICH IS WORSE AND WHERE ARE THE PARALLESL Sinclair, Elizabeth
Brawijaya Law Journal Vol 2, No 1 (S) (2015): Contemporary Issues in South-East Asia Countries
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (356.909 KB) | DOI: 10.21776/ub.blj.2015.002.01.04

Abstract

Amanda Whiting and Timothy Marjoribanks argued in their chapter Media professional’s perceptions of defamation and other constraints upon news reporting in Malaysia and Singapore[1]that Malaysia and Singapore experience, due to a number of factors, restricted media freedom - many of these factors relating to the semi-democratic nature of Malaysian and Singaporean government.[1]Amanda Whiting and Timothy Marjoribanks, ‘Media Professionals Perceptions of Defamation and other Constraints upon News Reporting in Malaysia and Singapore’ in Andrew Kenyon, Tim Marjoribanks, Amanda Whiting (eds.) Democracy, Media and Law in Malaysia and Singapore (Routledge, London, 2013), 129-156.