item: #1 of 114 id: law-105 author: Adebayo, Akintunde title: A Review of Plea Bargain Concept in the Anti- Corruption War in Nigeria date: 2018-04-20 words: 9055 flesch: 21 summary: DOI: http://dx.doi.org/10.21776/ub.blj.2018.005.01.01| 1 A Reviewof Plea Bargain Concept in the Anti- Corruption War in Nigeria Akintunde Adebayo1 1Faculty of Law, Adekunle Ajasin University, Akungba-Akoko, Nigeria E-mail : akintunde.adebayo@aaua.edu.ng Submitted : 2017-07-13 | Accepted : 2018-03-28 Abstract: This article aims to reviews corruption in Nigeria, the plea bargain concept, the application of plea bargain in the war against corruption in Nigeria and concludes with recommendations. This paper begins with brief description on anti corruption scheme established in Nigeria and endeavors to assess the strength of Nigeria’s effort in plea bargain in the war against corruption, effective implementation, and compliance Keywords: Corruption, crime, plea bargain, sentence, administration of criminal justice I. INTRODUCTION Corruption is defined as an act done with intent to give some advantages which are not consistent with the right of others or official duties. keywords: adebayo; bargain; concept; corruption; criminal; defendant; ibid; influence; january; journal; justice; law; newspaper; nigeria; plea; plea bargain; public; war cache: law-105.pdf plain text: law-105.txt item: #2 of 114 id: law-107 author: Smith, Kaaden title: THE SEPARATION OF POWERS, ROLE OF THE PRESS AND THE EMERGENCE OF ONLINE MEDIA IN CHINA AND TAIWAN date: 2017-10-26 words: 7471 flesch: 46 summary: While Chinese law is similar to Western law in the sense that it does not explicitly derive from religion, there are dissimilarities between the two. Chinese law is built upon thousands of years of tradition, and operates in such a manner as to persuade those subjected to it to comply through balance and compromise. keywords: china; freedom; government; ibid; journal; law; law journal; media; rights; speech; state; taiwan cache: law-107.pdf plain text: law-107.txt item: #3 of 114 id: law-109 author: Nguyen, Cindy title: MADE BY CHILDREN: THE EXPLOITATION OF CHILD LABOUR IN AGRICULTURE, INDUSTRY AND THE SERVICE SECTOR IN MAINLAND CHINA date: 2017-10-26 words: 7944 flesch: 42 summary: Causes of Child Labour It is estimated that 150 million children between the ages of five to fourteen worldwide are engaged in child labour. The 2 Erica G Polakoff, ‘Globalisation and Child Labour’ (2007) 23 Journal of Developing Societies 259, 260. 3 Sunwook Chung, ‘Explaining Compliance: A Multi-Actor Framework for Understanding Labour Law Compliance in China’ (2014) 68 Human Relations 237, 237. 4 Minli Liao and Jun Sung Hong, ‘Child Labour in the People’s Republic of China: An Ecological Systems Analysis’ (2010) 54 International Social Work 565, 572. 5 Polakoff, above n 2, 263. research questions guiding this analysis include: (1) How does the international treaties and human rights conventions impact on child labour rights in Mainland China? keywords: child; child labour; children; china; convention; international; journal; labour; law; people; rights cache: law-109.pdf plain text: law-109.txt item: #4 of 114 id: law-114 author: Smee, Charlotte Ethel title: Who's Law is it Anyway? (A Comparison of Attitudes Towards Dispute Resolution in China and Taiwan, Through Australian Eye) date: 2018-04-20 words: 5731 flesch: 38 summary: Codified civil laws regarding divorce, rights of ownership and other ‘petty’ matters as they were in the Qing dynasty, began from a rights perspective rather than an Emperor’s perspective and as such changed the way that Chinese people used the law and regarded their disputes.32 In modern China, ‘court mediation is becoming a less and less prominent part of the total justice system, because of the mounting caseloads and changing ideas about the rule of law’33. Case studies and legislation, as well as the study of how mediation processes are utilised effectively and are used to argue that culture is an important factor to consider when examining ADR processes. keywords: adr; australia; china; culture; law; mediation; process; system; taiwan cache: law-114.pdf plain text: law-114.txt item: #5 of 114 id: law-116 author: Ijaiya, Hakeem; La-Kadri, Mutiat Abdulsalam; Jimoh, Maryam Bayero title: Institutional and Legal Control of Gas Flaring in the Niger Delta Region of Nigeria date: 2018-04-20 words: 7303 flesch: 40 summary: This study examines the effects of gas flaring on the Niger Delta Region of Nigeria. It analyses the institutional and legal framework that prevents gas flaring in the region. keywords: act; delta; development; environmental; flaring; gas; gas flaring; ibid; journal; law; laws; national; nigeria; oil; petroleum; regulation cache: law-116.pdf plain text: law-116.txt item: #6 of 114 id: law-121 author: Kusumaningrum, Adi title: THE CHALLENGES OF INTERNATIONAL AIR LAW PRINCIPLES IN GLOBALIZATION ERA date: 2017-10-26 words: 6122 flesch: 43 summary: This study intends to discuss about the basic principles of international airspace law that frequently facing challenges in the globalization era. This study intends to discuss about the basic principles of international airspace law that frequently facing challenges in the globalization era. keywords: air; aircraft; airspace; article; chicago; convention; international; law; sea; sovereignty; state; territory cache: law-121.pdf plain text: law-121.txt item: #7 of 114 id: law-126 author: Harahap, Anwar Sadat; Hasibuan, Ahmad Laut title: Model of Prevention of Social Conflict which Multi Dimensions Based on Local Wisdom of Community Adat Dalihan Na Tolu date: 2018-10-30 words: 6794 flesch: 49 summary: In the concept of local wisdom, it has been arranged in: 1) system and procedures for preventing and resolving social conflict, 2) mediation implementation process in the prevention of social conflict, 3) strategy by customary leaders in the prevention of social conflict, 4) solving social conflicts, and 6) the types of sanctions imposed on perpetrators who triggered social conflicts. The first is settlement of social conflict through deliberation is a long-termed settlement since ancient times; Second is the parties acting as breakers are respected and respected because they are descended from kings, adat leaders and representatives of indigenous families of Dalihan na Tolu; The Third is settlement of social conflicts based on deliberations has very strict requirements and procedures, so the root of the problem can be known. keywords: boru; community; conflict; dalihan; deliberation; law; model; multi; people; prevention; society; tolu; wisdom cache: law-126.pdf plain text: law-126.txt item: #8 of 114 id: law-127 author: Rahman, Md Mustakimur title: Fundamental Rights in Times of Emergency: Ataur Rahman vs Muhibur Rahman Revisited date: 2018-04-20 words: 5759 flesch: 39 summary: DOI: http://dx.doi.org/10.21776/ub.blj.2018.005.01.04| 43 Fundamental Rights in Times of Emergency: Ataur Rahman vs Muhibur Rahman1 Revisited Md Mustakimur Rahman1 1Department of Law, Notre Dame University Bangladesh. E-mail : mrahman.ntu@outlook.com Submitted : 2017-10-12 | Accepted : 2018-04-11 Abstract: This research analyses the Bangladesh’ Court Decision on the case of Ataur Rahman vs. Mahibur Rahman with regrad to fundamental rights in times of emergency. This research analyses the Bangladesh’ Court Decision on the case of Ataur Rahman vs. Mahibur Rahman with regrad to fundamental rights in times of emergency. II. keywords: article; bangladesh; constitution; emergency; international; law; rahman; rights; state cache: law-127.pdf plain text: law-127.txt item: #9 of 114 id: law-128 author: Uweh, Atip Latipulhayat; Ruhaeni, Neni title: In Search of Remotely Piloted Aircraft Regulations State Practices and International Law Perspective What Indonesia can Learn? date: 2018-04-20 words: 10456 flesch: 43 summary: This article identifies legal issues and models of RPA regulation in several countries and what Indonesia can learn and to look for an adequate and appropriate model to make the Indonesian RPA regulation, legally acceptable and technologically adaptable. This paper argues that the Chicago Convention, the model of RPA regulations in several countries, and the special interests of Indonesia as an archipelagic state are the three important elements that should be taken into account in the establishment of an appropriate and adequate Indonesian RPA regulation. keywords: aircraft; aircraft regulations; airspace; article; aviation; civil; convention; international; law; operations; piloted; regulation; rpa; state; state aircraft cache: law-128.pdf plain text: law-128.txt item: #10 of 114 id: law-136 author: Windraskinasih, Mutiara; Afriansyah, Arie title: The Struggle of Becoming the 11th Member State of ASEAN: Timor Leste's Case date: 2018-04-20 words: 13978 flesch: 34 summary: Such lack of substantive requirements become the obstacle for ASEAN Charter in becoming more of a rules-based organization – under the ASEAN Charter – due to vagueness of what is considered as being able to carry out obligations of ASEAN membership. This is an intriguing case, as Timor Leste, is a Southeast Asian country that applied for ASEAN Membership after the shift of ASEAN to acknowledge ASEAN Charter as its constituent instrument. keywords: admission; article; asean; asia; cambodia; charter; declaration; international; law; leste; member; member state; membership; southeast; state; timor; timor leste; vietnam cache: law-136.pdf plain text: law-136.txt item: #11 of 114 id: law-139 author: Latifah, Emmy; Imanullah, Moch Najib title: The Roles of International Law on Technological Advances date: 2018-04-20 words: 7263 flesch: 26 summary: 102 | DOI: http://dx.doi.org/10.21776/ub.blj.2018.005.01.07 The Roles of International Law on Technological Advances Emmy Latifah1, Moch Najib Imanullah2 1Faculty of Law, Universitas Sebelas Maret E-mail : emmy.latifah@staff.uns.ac.id 2 Faculty of Law, Universitas Sebelas Maret E-mail : najibimanullah@staff.uns.ac.id Submitted : 2018-02-18 | Accepted : 2018-04-02 Abstract: The study focuses on the roles of International Law in responding to the technological advances, particularly examining the International Law as a regulator on emerging technology. The technological advances, especially in the means and method of war and environmental issues, have been contributing to the development of International Law. keywords: advances; convention; development; international; law; press; prohibition; regulation; technology; university; use; weapons cache: law-139.pdf plain text: law-139.txt item: #12 of 114 id: law-142 author: Paripurna, Amira; Indriani, Masitoh; Widiati, Ekawestri Prajwalita title: Implementation of Resolution No. 4/2016 of the ICPO-INTERPOL Concerning Biometric Data Sharing: Between Countermeasures Against Terrorist Foreign Fighters (FTFS) and Protection of the Privacy of Indonesian Citizens date: 2018-04-20 words: 13322 flesch: 17 summary: Therefore, in relation to a defense against FTFs and biometric data sharing, the current practice is that whenever there is a request from INTERPOL for data or information on terrorists involving Indonesian citizens, NCB Indonesia will coordinate with INP’s Pusinafis, Densus 88 (Indonesian Special Forces Counter- Terrorism Squad), Directorate General of Immigration and the Ministry of Home Affairs to obtain biometric data (with the data shared being limited to names, photos and fingerprints) as comparative data. This research also aims to elaborate and describe the mechanism of collecting, recording, storing, and exchanging biometric data conducted by the Indonesian government. keywords: biometric; countries; data; data protection; database; icpo; implementation; indonesia; information; international; interpol; journal; law; police; privacy; process; protection; regulation; resolution; sharing; system; terrorism cache: law-142.pdf plain text: law-142.txt item: #13 of 114 id: law-144 author: Rosadi, Sinta Dewi title: Protecting Privacy on Personal Data in Digital Economic Era : Legal Framework in Indonesia date: 2018-04-20 words: 7428 flesch: 33 summary: Therefore, the legal basis to establish a law on privacy on personal data privacy on personal data in Indonesia can be drawn from several sources: Privacy on personal data and Data Protection according to the Constitution of 1945. Greenleaf, Graham , Asian Data Privacy on personal data Law, Trade and Human Rights Perspectives, (Oxford University Press, 2014) Rotenberg, Marc Rotenberg , Horwitz, Julia , Scott, Jeramie Scott (ed), Privacy on personal data in the Modern Age, (The New Press, 2015) keywords: concept; data; data protection; human; indonesia; information; journal; law; privacy; protection; regulation; rights cache: law-144.pdf plain text: law-144.txt item: #14 of 114 id: law-145 author: Widiatedja, I Gusti Ngurah Parikesit title: Cultural Concern under Trade and Investment Agreements: Does it Really Work? date: 2018-10-30 words: 8273 flesch: 39 summary: 22 Debra P Steger, ‘International Trade and Investment: towards a Common Regime?’ in Roberto Echandi and Pierre Sauvé (eds), Prospects in International Investment Law and Policy (Cambridge University Press, 2013) 156, 159. 23 Nicholas DiMascio and Joost Pauwelyn, ‘Nondiscrimination in Trade and Investment Treaties: Worlds Apart or Two Sides of the Same Coin?’ (2008) 102 American Journal of International Law 48,49. Some ongoing cases also discussed the tautness between cultural related measures and the investors’ interest. keywords: agreements; concern; cultural; culture; international; investment; journal; law; measures; panel; products; report; review; secretariat; trade; world; wto cache: law-145.pdf plain text: law-145.txt item: #15 of 114 id: law-146 author: RS, Iza Rumesten title: State Role in Balancing Harmony in a Diversed Society: Regulating Religions in Indonesia date: 2018-10-30 words: 6005 flesch: 42 summary: Based on the results of normative juridical research, it can be concluded that ideal arrangements related to religion is that it cannot separate the judiciary between Islam and other religions, because it might create possible sense of injustice and disharmony of minority religions. In relation to such freedom of religion, then the state has a role as a counterweight between basic right and obli- gation to ensure that in the imple-mentation of a person's freedom of religion does not injure the freedom of other religions. keywords: act; article; constitution; freedom; indonesia; law; number; religion; rights; state; year cache: law-146.pdf plain text: law-146.txt item: #16 of 114 id: law-149 author: Wisuttisak, Pornchai title: Recent development of Civil Procedural Law in Thailand: the Class Action and the Legal Execution date: 2018-10-30 words: 4580 flesch: 37 summary: In addition to the four main chapters, Thai Civil Procedural Act sets out appendix tables which relate to court fees, fee for investigation to witness outside court room, fee all necessary cost for the court process, and fee for the legal execution. Thus, based on the four main chapters and the appendix tables, Thai Civil Procedural Act is very comprehensive legal rules for processing case on civil and commercial disputes in the court. keywords: civil; codes act; court; law; section; use cache: law-149.pdf plain text: law-149.txt item: #17 of 114 id: law-165 author: Setiabudhi, Donna Okthalia; Palilingan, Toar Neman; Kermite, Jeany Anita title: Population Administration Policy: An Empirical and Juridical Examination date: 2018-10-30 words: 3562 flesch: 34 summary: The results indicated that population administration services in the city of Manado were still minimal and not optimal because there were no local regulations which accommodate all the typical conditions of communities. However, actually it does not have a legal product that regulates population administration technically. keywords: administration; community; law; policy; population; population administration; services cache: law-165.pdf plain text: law-165.txt item: #18 of 114 id: law-166 author: Sibarani, Sabungan title: Analysis of State Control Over Natural Resources Oil and Gas (According to Law No. 22 of 2001 Concerning Oil and Gas) date: 2018-10-30 words: 8888 flesch: 45 summary: Responsibly interpreted the use is aimed at the greatest Regulation on Oil and Gas in Indonesia Before the enactment of Law No. 22 of 2001 concerning Oil and Natural Gas On the consideration of Law No. 44 Prp of 1960 concerning Oil and Gas Mining, stated, That oil and gas has a very important function for the development of a just and prosperous society, compared to other minerals, that oil and gas production The earth is a production branch that is important for the State and controls the livelihood of many people, whether directly or indirectly, that oil and natural gas have a special meaning for national defense . The Role of State in Contemporary Legal Development 224 | Sibarani - State Control over Natural Resources Oil and Gas in Indonesia no longer valid, but the implementing regulations of the four laws remain in force as long as they do not conflict or have not been replaced with new regulations based on Law No. 22 of 2001 concerning Oil and Natural Gas. keywords: article; business; gas; gas business; gas mining; indonesia; law; oil; paragraph; resources oil; state; state oil cache: law-166.pdf plain text: law-166.txt item: #19 of 114 id: law-169 author: Safitri, Myrna Asnawati title: Right to Information, Judicial Activism and the Rule of Law: The Case of Indonesia's Mining Litigation date: 2018-10-30 words: 8121 flesch: 40 summary: This article limits the discussion to three court cases on mining information rights. Using statutory and court cases methods, it discusses laws on the rights to information in general and in the field of environmental protection, how Indonesian courts have interpreted the government obligations to fulfill citizens' access to mining information, and the extent to which that legal interpretation contributes to the rule of law elements. keywords: activism; court; government; information; law; legal; mining; protection; public; right; rule; state cache: law-169.pdf plain text: law-169.txt item: #20 of 114 id: law-170 author: Wereh, Agustien Cherly; Istislam, Dr title: Conflict in Management of Passive State Administrative Decision in State Administrative Dispute date: 2018-10-30 words: 6178 flesch: 39 summary: 55-76 15 Sudarsono, Pilihan Hukum Dalam Penyelesaian Sengketa Tata Usaha Negara di Peradilan Tata Usaha Negara, Professorship Inaugural Speech of State Administrative Law of Faculty of Law Universitas Brawijaya, (Malang: 2008), p.18 16 Ibid. The research problem presented in this research is why there are differences between positive-passive system (stelsel) and negative-passive system regarding the management of state administrative decision. keywords: administrative; bodies; court; decision; government; indonesia; law; people; state cache: law-170.pdf plain text: law-170.txt item: #21 of 114 id: law-171 author: Sulistyo, Faizin; Manap, Nazura Abdul title: Pornography and Sexual Crimes towards Children in Indonesia: A Judicial Approach date: 2018-10-30 words: 5050 flesch: 50 summary: From the background described above, the authors tried to study about the court's decision in sexual crime cases related to pornography crime and the approach as a priority for judges in deciding cases of sexual crimes related to pornography. This study attempts to examine court decisions on related sexual crime cases and/or is associated with pornography. keywords: approach; case; children; court; crimes; decision; indonesia; judge; law; perpetrator; pornography; punishment cache: law-171.pdf plain text: law-171.txt item: #22 of 114 id: law-172 author: Rahman, Md Mustakimur; Tushi, Mohsina Hossain title: An Assessment of the 'Lawfulness' of Use of Force as Dispute Settlement Method date: 2019-04-25 words: 6420 flesch: 42 summary: Keywords: dispute settlement; use of force; self-defence; international humanitarian law; international criminal law. Nonetheless, no act of terrorism is compatible with any provision of international humanitarian law and it is a core 42 Ibid 43 keywords: armed; charter; dispute; force; international; intervention; law; state; use; war cache: law-172.pdf plain text: law-172.txt item: #23 of 114 id: law-182 author: Suherman, Suherman title: Arbitration and Other Alternative Dispute Resolution for Commercial Dispute (Reviewed from the Strengths of ADR and Decision of Arbitration) date: 2019-04-25 words: 5506 flesch: 44 summary: There are several factors that will influence to increase efficiency and effectiveness of foreign arbitration decisions in Indonesia, namely : a. Foreign arbitration decisions are based on final and binding 25 Malikul S. Muhamad, Alternative Dispute Resolution in India and the United states, (Cornell University, J .Purushotham & Associates, 2010). 104 | DOI: http://dx.doi.org/10.21776/ub.blj.2019.006.01.08 Arbitration and Other Alternative Dispute Resolution for Commercial Dispute (Reviewed from the Strengths of ADR and Decision of Arbitration) Suhermana aFaculty of Law UPN Veteran Jakarta Email : suherman_upn@gmail.com Submitted : 2018-11-05 | Accepted : 2019-04-04 Abstract: Arbitration and other alternative dispute resolution (ADR) can be used as an option for parties who conduct commercial transactions. keywords: adr; alternative; arbitration; dispute; dispute resolution; law; parties; resolution cache: law-182.pdf plain text: law-182.txt item: #24 of 114 id: law-189 author: Chang, Soonpeel Edgar title: Legal Status of Cryptocurrency in Indonesia and Legal Analysis of the Business Activities in Terms of Cryptocurrency date: 2019-04-25 words: 9402 flesch: 41 summary: Although not stated among the examples in BI Reg. 18/69/PBI/2016 and BI Reg.19/12/PBI/2017, Ethereum is widely exchanged as one of the virtual currencies at Indonesian virtual currency exchange, Indodax. On the contrary, the business holder of virtual currency exchange must be able to bring out defenses applicable under the Book Two of Civil Code because he is widely exposed to claims regarding a recovery of damages due to erroneous transactions or late measurements. keywords: analysis; bank; bappebti; bitcoin; business; civil; code; commodity; cryptocurrency; currency; digital; exchange; future; indonesia; law; market; new; property; regulation; status cache: law-189.pdf plain text: law-189.txt item: #25 of 114 id: law-190 author: Sihabudin, Sihabudin title: Legal Protection for Investee Company in Venture Capital Agreement in Indonesia date: 2019-04-25 words: 4917 flesch: 41 summary: The obstacle in creating cooperation between venture capital companies and business partner companies is the form of small companies in Indonesia, most of them are family businesses, so that supervision in the corporate environment is less objective than unprofessional. While the business partner company or business partner as a capital user generally has its own interests and will object if the space for movement is limited as a result of the intervention of venture capital companies to manage their company and profits are 11 Tulus Tambunan,Usaha Mikro Kecil dan Menengah di Indonesia: Isu-isu Penting. keywords: agreement; business; capital; company; contract; indonesia; law; partner; venture; venture capital cache: law-190.pdf plain text: law-190.txt item: #26 of 114 id: law-192 author: Latifah, Emmy; Bajrektarevic, Anis H; Imanullah, Moch Najib title: The Shifting of Alternative Dispute Resolution: from Traditional Form to the Online Dispute Resolution date: 2019-04-25 words: 5491 flesch: 38 summary: 30 Riikka Koulu, Dispute Resolution and Technology: Revisiting the Justification of Conflict Management (University of Helsinki Conflict Management Institute, 2016), 94. 31 Karolina Mania, ‘Online Dispute Resolution: The Future of Justice’ (2015) 1 International Comparative Jurisprudence, 78. 32 Mohammad S. Abdel Wahab, Ethan Katsh and Daniel Rainey, above n 30, 2. 33 Nadja Alexander, ‘Mobile Mediation: How Technology is Driving the Globalization of ADR’, (2006) 1 If Alternative Dispute Resolution (ADR) has been understood as a more efficient method of resolving dispute than through the court, then in line with the development of technologies, Online Dispute Resolution (ODR) considered as the most efficient mechanism in ADR. keywords: adr; conflict; digital; dispute resolution; information; journal; justice; katsh; law; odr; technologies; technology cache: law-192.pdf plain text: law-192.txt item: #27 of 114 id: law-202 author: Saraswati, AAA Nanda; Hidayat, Choirul title: Discourse Interpretation of Public Policy in the Context of Enforcement of Foreign Arbitral Awards in Indonesia date: 2019-04-25 words: 5354 flesch: 45 summary: 50 | DOI: http://dx.doi.org/10.21776/ub.blj.2019.006.01.04 Discourse Interpretation of Public Policy in the Context of Enforcement of Foreign Arbitral Awards in Indonesia AAA Nanda Saraswatia Choirul Hidayatb a, bFaculty of Law, Brawijaya University Email: anandasaraswati@ub.ac.id Submitted : 2019-01-03 | Accepted : 2019-02-08 Abstract: The use of the concept of public policy by the national judiciary as a basis for the refusal of recognition and enforcement of foreign arbitral awards leaves an issue in the Indonesian judicial system. Judge’s Interpretation of Public Policy As said before, Indonesian Arbitration Law provides that an international award can only be enforced in Indonesia if not contrary to public policy. keywords: arbitral; arbitration; awards; convention; enforcement; indonesia; international; law; order; policy; public cache: law-202.pdf plain text: law-202.txt item: #28 of 114 id: law-203 author: Babatunde, Ekundayo O title: Arbitration Mechanisms in Settlement of Maritime Disputes in Nigeria: Challenges and Prospects date: 2019-04-25 words: 14234 flesch: 34 summary: Thus, for the purpose of this article, maritime arbitration therefore refers to the reference of maritime dispute to ADR for amicable settlement as opposed to the litigious court processes and procedures. Although the duo have no provisions on maritime arbitration they specify time limits for commencing maritime actions which might affect the right to resort to legal intervention whether via litigation or ADR. keywords: act; admiralty; agreement; alternative; arbitration; arbitration agreement; arbitration mechanisms; babatunde arbitration; claims; court; dispute resolution; disputes; disputes settlement; international; jurisdiction; law; maritime; nigeria; parties; resolution; rules; settlement cache: law-203.pdf plain text: law-203.txt item: #29 of 114 id: law-204 author: Abdullah, Abdullah; Hasan, KN. Sofyan; Rumesten, Iza; Pasyah, Taroman title: Functionalization of the Village Head as Customary Leader in the Social Field in South Sumatra date: 2020-04-30 words: 6614 flesch: 46 summary: In the view that applies in indigenous society, not all legal events and violations of law committed and detrimental to fellow conventional law society as well as harming outside society in other customary legal society, must be settled using state law, but better and wiser to use local customary law. Adat broadly refers to customary laws of different Indigenous groups and is one of the three components of legal plurality in Indonesia alongside Civil Law and Sharia Law. keywords: community; custom; disputes; government; hukum; law; legal; regency; society; south; sumatra; village; village community; village head cache: law-204.pdf plain text: law-204.txt item: #30 of 114 id: law-208 author: Widiatedja, I Gusti Ngurah Parikesit title: The Supremacy of the Dispute Settlement Mechanism (DSM) under the World Trade Organization (WTO) date: 2019-04-25 words: 8163 flesch: 44 summary: 70 Michelle Grando, Evidence, Proof and Fact- Finding in WTO Dispute Settlement (Oxford University Press, 2009) 54. 71 Tania Voon, ‘Evidentiary Challenges for Public Health Regulation in International Trade and Investment Law’ (2015) 18 Journal of International Economic Law 800. 72 David Unterhalter, ‘What Makes the WTO Dispute Settlement Procedure Particular: Lessons to be Learned for the Settlement of International Disputes in General?’ Firstly, it analyses the character of the of DSM WTO where it falls within the scope of a legal- character with high level of legalism. keywords: body; dispute; dispute settlement; dsm; dsm wto; ibid; journal; law; measures; mechanism; panel; report; trade; world; world trade; wto; wto dispute cache: law-208.pdf plain text: law-208.txt item: #31 of 114 id: law-210 author: Hasanah, Uswatun; Hamzah, Mohammad Amir; Winarwati, Indien title: Development of Non-Litigation Civil Dispute Settlement Model Based on Madurese Local Wisdom to Reduce Cases Accumulation in Court date: 2019-04-25 words: 7255 flesch: 38 summary: Therefore, dispute settlement through non-litigation procedure is an alternative to civil dispute settlement because, the basis of non-litigation dispute settlement is a win-win solution that prioritizes the justice principle for the parties. Institutionalization of civil disputes settlement in Madurese community through conducted certification to mediator’s village, legitimized by regional regulation, and accommodates the law in society because the law applies in accordance with the sense of justice of the community. keywords: community; court; dispute; dispute settlement; hukum; law; litigation; madurese; mediation; mediator; non; parties; results; settlement; village cache: law-210.pdf plain text: law-210.txt item: #32 of 114 id: law-218 author: Zakaria, Alfons title: Criminal Law Enforcement of Indonesian Commerce Act Number 7 the Year 2014 for Corporation Perpetrators: Why It Will Be Difficult date: 2019-10-31 words: 6021 flesch: 38 summary: When Corporations shall be Categorized Committing Crime The Commerce Act Number 7 the Year 2014 acknowledges, in Article 1, that business players, exporters and importers are an individual or corporation (natuurlijk person or rechtspersoon). When Corporations shall be Responsible The Commerce Act Number 7 the Year 2014 also fails to provide provisions regulating when corporations shall be taken responsible for their offensive act. keywords: act; business; commerce; corporation; criminal; enforcement; fine; law; number; pidana; year cache: law-218.pdf plain text: law-218.txt item: #33 of 114 id: law-220 author: Adebayo, Akintunde Abidemi; Ugowe, Anthonia Omosefe title: Access to Justice through Legal Aid in Nigeria: An Exposition on Some Salient Features of the Legal Aid Act date: 2019-10-31 words: 8905 flesch: 43 summary: 67 Ibid, at s. 8 (8). 68 A.I Abdulkadir, Legal Aid Council at 40, Blueprint News, Nigeria (22 August 2018), 69 M. Egbejule And I. Akpan-Nsoh, Legal Aid Council Settles 174 Cases in Edo and Akwa Ibom, Guardian Newspaper, Nigeria of 22 March 2016 (22 August 2018), in a bid to further enhance access to justice for members of the society, legal aid may be granted on a contributory basis to persons whose earning exceeds the national minimum wage up to ten times provided the Governing Board approves same.70 While it is a good thing that the Council can grant legal aid to persons earning above the national minimum wage, it is important to state that not every person whose earning is above the national minimum wage would be able to benefit from this because of the proviso that it must be on contributory basis, as they may not find this affordable. The stipend compared to the distance they may have to cover and the huge workload may not be sufficient to get 77 U. Ukpong, Poor Nigerians Lack Access to Justice – Legal Aid Council, Nigerian Pilot Newspaper of 22 July 2017 (22 August 2018), 78 Ibid. 79 Legal Aid Act 2011, above n. 19, s. 16. http://www.otaruotaru.com/ http://nigerianpilot.com/poor-nigerians-lack-access-to-justice-legal-aid-council/ http://nigerianpilot.com/poor-nigerians-lack-access-to-justice-legal-aid-council/ Brawijaya Law Journal Vol. 6 No.2 (2019) State Regulations and Law Enforcement Adebayo, Oguwe - Access to Justice through Legal Aid in Nigeria...| 149 anything done.80 To make matters worse, the money may not even be paid as and when due and these corps members may have to resort to spending from their purses to fund their services for the Council.81 keywords: access; aid; aid act; aid council; council; ibid; justice; law; members; nigeria; state cache: law-220.pdf plain text: law-220.txt item: #34 of 114 id: law-221 author: Jufri, Mahfud; Nazeri, Norbani Mohamed; Dhanapal, Saroja title: Restorative Justice: an Alternative Process for Solving Juvenile Crimes in Indonesia date: 2019-10-31 words: 7143 flesch: 39 summary: 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. Despite the fact that Indonesia has already incorporated restorative justice approach in its JJS Act 2012, the implementation of restorative juvenile justice in Indonesia still shows poor performance.31 It can be seen from the percentage of juvenile offenders that have been imprisoned is still high with about 90%.32 In addition, there is also the finding that despite restorative justice and diversion have been incorporated in the JJS Act 2012, the Juvenile Court still considers that imprisonment is the merely option for the boys.33 However, some claim that the customary court existence is still believed that implementing of restorative 30 I. Karangan, ‘Implementation of Law Number 11 of 2012 Concerning Child Related Criminal Justice System Concept Restorative Justice’ (2016) 1(1) Pattimura Law Journal 67, 74. keywords: act; diversion; indonesia; jjs; jjs act; justice; justice system; juvenile; law; process; restorative; system cache: law-221.pdf plain text: law-221.txt item: #35 of 114 id: law-226 author: Winata, Muhammad Reza; Aditya, Zaka Firma title: Characteristic and Legality of Non-Litigation Regulatory Dispute Resolution Based on Constitutional Interpretation date: 2019-10-31 words: 9720 flesch: 23 summary: The establishment of this regulation is motivated by the existence of conflicting laws and regulations both vertically and horizontally which causes conflicts of legal norms and conflicts of authority between ministries / agencies and local governments which at the end cause injustice to the community and business actors, and hamper the investment climate, business, and national and regional economic activities in Indonesia as confirmed in Article 2 paragraph (1) of this Regulation.8 Interestingly, the establishment Ministerial of Law Regulation on Regulatory Dispute Resolution raises discourse in the community, because all this time the dispute resolution of regulation should have been through litigation through the Supreme Court 7 Kompas.com, ‘Jokowi: 3143 Perda Bermasalah TelahDibatalkan‘ https://nasional.kompas.com/re ad/2016/06/13/17215521/jokowi.3.143.perda.ber masalah.telah.dibatalkan 8 Article 2 paragraph (1) Permenkumham Number 32 Year 2017 affirms that conflicting legislation both vertically and horizontally which causes conflicts of legal norms, conflicts of authority between ministries / institutions and local governments, lead to injustice for the community and business actors, inhibiting the investment climate, business, and national and regional economic activities can be submitted a request for and the Constitutional Court. IV. CONCLUSION AND SUGGESTION Conclusion Characteristic of non-litigation regulatory dispute resolution on Indonesia norm harmonization system can refer to the legal history of regulation dispute resolution which currently adopted litigation and non- litigation settlement. keywords: article; authority; constitution; court; dispute resolution; indonesia; interpretation; law; laws; litigation; ministry; non; regulations; review; state cache: law-226.pdf plain text: law-226.txt item: #36 of 114 id: law-231 author: Sadriu, Vaxhid; Hajdari, Azem title: Role and Position of the Defendant in the Plea Agreement date: 2019-10-31 words: 8011 flesch: 48 summary: This alternative procedure has already been accepted by some European countries, such as the case with Italy, Croatia, Albania and other countries as well.7In European legislation, unlike the United States of America, plea agreements apply to minor or moderately severe criminal offences.8 Despite this fact, such restrictions have not been done with Kosovo's criminal legislation yet.9 plea agreement. keywords: case; court; criminal; defendant; law; plea agreement; position; procedure; punishment; role; state cache: law-231.pdf plain text: law-231.txt item: #37 of 114 id: law-238 author: Kabir, Syahrul Fauzul title: A Realistic Theory of Law (Book Review) date: 2019-10-31 words: 1013 flesch: 34 summary: Tamanaha Publisher : Cambridge University Press, 2017 Review Despite the law has been developing through the span of the history of human civilization, law has been formulated by legal thinkers, theologians, philosophers; constructed with various pretexts and objectives: for legal certainty, utility, justice and order; used to regulate social life in various forms and dimensions: customary law, religious law, state law, international law, the formulation of legal theory, to date, is still an academic debate. On the other hand, Tamanaha scrutinizes analytical law's arguments, especially the positivist school; suing the basic assumptions of state law which has been hegemonic as the standard, in determining entity referred to as law. keywords: book; law; tamanaha cache: law-238.pdf plain text: law-238.txt item: #38 of 114 id: law-242 author: Kurniawan, Kukuh Dwi; Indri Hapsari, Dwi Ratna; Fajrin, Yaris Adhial; Triwijaya, Ach. Faisol title: Compensation as Sanctions for the Perpetrators of Corruption in the Dimensions of Indonesian Criminal Law Renewal date: 2019-10-31 words: 10498 flesch: 37 summary: 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. Law enforcement for corporations as perpetrators of the crime as well as subjects of criminal law will have implications for the form and type of criminal sanctions and their punishment. keywords: acts; article; community; compensation; corporate; corporations; corruption; corruption law; crime; criminal; hukum; korporasi; law; law enforcement; pidana; sanctions; state; subject cache: law-242.pdf plain text: law-242.txt item: #39 of 114 id: law-243 author: Disemadi, Hari Sutra; Roisah, Kholis title: Urgency of the Contempt of Court Criminalization Policy to Overcome Harassment Against the Status and Dignity of Courts date: 2019-10-31 words: 5433 flesch: 45 summary: As an effort to uphold the law, it is time for Indonesia to have a regulation on the Contempt of Court, considering this is by the needs not only for judges but also for the community.25 Considering the increasing extent of actions that can be categorized as Contempt of Court, all actions and actions that in principle disrupt safety, psychological and physical calm, it is necessary to have a separate Contempt of Court arrangement, because it is a special crime, in the sense that the word has not integrated in the Criminal Code. Until now, in Indonesia, no provisions specifically regulating the Contempt of Court institutions. keywords: code; contempt; court; criminal; dignity; hukum; indonesia; jurnal; law; legal cache: law-243.pdf plain text: law-243.txt item: #40 of 114 id: law-244 author: Sufiarina, Sufiarina; Sudrajat, Herman; Mahmud, Hamidullah title: Gashb and Itlaf Arrangements in KHES and Authority of Justice (Review of Chapter XV of Book II of KHES) date: 2020-04-30 words: 6875 flesch: 53 summary: Acts violating Islamic economic law are the absolute authority of the religious court. Islamic economic law relations generally begin with the contract. keywords: article; authority; contract; court; economic; gashb; hukum; islamic; itlaf; khes; law; sharia cache: law-244.pdf plain text: law-244.txt item: #41 of 114 id: law-245 author: Hadiyantina, Shinta; Ramadhan, Nandaru title: State Regulation on Business Entities Owned by State Universities: Losses and Liability date: 2019-10-31 words: 10657 flesch: 39 summary: Until now, there are eleven Universities that become Legal Entity State Universities (PTN-BH), namely the Bandung Institute of Technology, Bogor Institute of Agriculture, Gadjah Mada University, University of Indonesia, Indonesian University of Education, University of North Sumatra, Airlangga University, Padjajaran University, Diponegoro University, Hasanuddin University, and November 10 Technology Institute.21 Legal Entity State Universities (PTN- BH) is a state university established by the Government which is an autonomous public legal entity.22 Legal Entity State Universities (PTN-BH) have authority that is not owned by State University in general, including:23 http://www.kopertis12.or.id/2017/01/05/12-ptn- bh-didorong-meningkatkan-penelitian-dan- inovasi.html on 18 April 2018 22 Article 1 Number (3) of the Government Regulation Number 26 year 2015 on the Form and Mechanism of Funding for Legal Entity State University (State Gazette year 2015 Number 110, Appendix to State Gazette of the Republic of Indonesia Number 5699) 23 Article 25 of the Government Regulation Number 4 year 2014 on the Organization of Brawijaya Law Journal Vol. 6 No.2 (2019) State Regulations and Law Enforcement 240 | Hadiyantina, Ramadhan - State Regulation on Business Entities Owned by State Universities... Implementing regulations related to Legal Entity State Universities (PTN-BH) made by the government are Government Regulation Number 26 the Year 2015 on the Form and Mechanism of Legal Entity State University Funding. keywords: act; article; business; education; entities; entity state; form; government; indonesia; law; management; number; paragraph; ramadhan state; state regulation; state universities; university; year cache: law-245.pdf plain text: law-245.txt item: #42 of 114 id: law-253 author: Anele, Kalu Kingsley title: Piracy off The Coast of Indonesia: Potential Implications on The Craft Industry date: 2020-04-30 words: 14688 flesch: 31 summary: Problem of maritime piracy in Southeast Asia’, (2017) 7(12) International Journal of Social Science and Humanity 723, 723-724. 14 L. Stach, ibid. For the application of the KUHP in piracy cases in Indonesia, see the cases of District Court Decision No 600/Pid.B/2015/PN Sgl. 3 December 2015 and District Court Decision No 524/Pid.B/2014/PN.BTM, 4 November 2015 cited in Adam J. Fenton & Ioannis Chapos, ‘Prosecuting pirates: maritime piracy and Indonesian law’, 19(1) keywords: anele piracy; asia; coast; country; craft; craft industry; cultural; development; economic; government; implications; indonesia; international; issues; journal; law; maritime; piracy; pirates; potential; security; social; southeast; tourism; waters cache: law-253.pdf plain text: law-253.txt item: #43 of 114 id: law-26 author: Meliala, Jordan Sebastian title: COUNTER-TERRORISM IN INDONESIA date: 2015-04-06 words: 25402 flesch: 39 summary: Elizabeth Sinclair, Law School, University of Wollongong, 41-53 COUNTER-TERRORISM IN INDONESIA Jordan Sebastian Meliala, Faculty of Law, Brawijaya University, 54-73 MODERN SLAVERY IN INDONESIA: BETWEEN NORMS AND IMPLEMENTATION Savira Dhanika Hardianti, Faculty of Law Brawijaya University, 74-84 Brawijaya Law Journal Contemporary Issues In South-East Asia Countries 1 Volume 2(S) No. 1 (2015) MODERN SLAVERY IN INDONESIA: BETWEEN NORMS AND IMPLEMENTATION Savira Dhanika Hardianti 175 Faculty of Law Brawijaya University Abstract People in the 21st century are still sold like objects, forced to work for little or no wages paid and at the mercy of 'employer'. keywords: act; asean; asia countries; australia; bom; brawijaya law; commerce; defamation; east asia; freedom; government; human; ibid; ict; indonesia; information; information act; issues; law; law journal; laws; legislation; malaysia; materials; media; news; paper; people; police; public; rights; singapore; slavery; south; terrorism; university; volume; whiting; world; year cache: law-26.pdf plain text: law-26.txt item: #44 of 114 id: law-264 author: Yun Santoso, Wahyu; Anggara Putra, Araya; Hendson Passagi, Jonathan; Rifky Hanindya, Yoda; Azura Tagar, Annisa title: Governing Blockchain-based Token in Indonesia: Legal and Technical Perspective date: 2020-04-30 words: 12819 flesch: 46 summary: Second, we analyzed the way in obtaining Token ownership rights. Furthermore, positive laws prohibiting the use of virtual currencies are regulated in Bank Indonesia Regulation Number 19/12 / keywords: article; asset; blockchain; civil; code; crypto; currency; financial; ico; indonesia; law; number; ownership; payment; property; rights; security; system; technology; token; trading cache: law-264.pdf plain text: law-264.txt item: #45 of 114 id: law-27 author: Hardianti, Savira Dhanika title: MODERN SLAVERY IN INDONESIA: BETWEEN NORMS AND IMPLEMENTATION date: 2015-04-06 words: 2782 flesch: 55 summary: Modern slavery practices in Indonesia can be seen in some companies where workers are treated like a slave, not like the other workers. Besides, The Indonesian government should have to amend the regulation which is regulating about forced labor, or modern slavery practices. keywords: government; indonesia; labor; law; slavery; trafficking cache: law-27.pdf plain text: law-27.txt item: #46 of 114 id: law-271 author: Adebayo, Akintunde Abidemi title: Protection of Interests of Children: The Roles of Religions and Legal Regimes date: 2020-10-31 words: 7408 flesch: 58 summary: Protecting children is not only the responsibility of parents or those who work with children but the entire society. Keywords: child; human rights; christianity; religion; rights of children. keywords: act; art; bible; child; child rights; children; god; nigeria; parents; protection; rights cache: law-271.pdf plain text: law-271.txt item: #47 of 114 id: law-28 author: Partridge, Jodie title: FREEDOM OF INFORMATION IN INDONESIA AND AUSTRALIA date: 2015-04-06 words: 4647 flesch: 40 summary: It is founded within this excerpt of Indonesia‟s Constitution, inserted as a result of the 2000 Bill of Rights that each citizen is inherently deserving of public information. Article 1(2) ‘public information means information produced, stored, managed or received by a public body which concerns the public interest and either relates to the administration of the state or of another public body’ 10 . keywords: act; freedom; information; keterbukaan; law; public; tahun cache: law-28.pdf plain text: law-28.txt item: #48 of 114 id: law-281 author: Roy, Subir Kumar title: Gender Discrimination, Disability and Legal Reforms: Revisiting the Evidence date: 2020-04-30 words: 7294 flesch: 20 summary: Disabled woman suffers double discrimination which is quite different from the experiences of a disabled man. Keywords: feminist; disabled woman; human right; protective discrimination; development I. INTRODUCTION There exists a very proximate and close relationship between feminist studies and feminist disability studies. keywords: act; development; disabilities; disability; discrimination; gender; human; issues; persons; rights; social; society; women cache: law-281.pdf plain text: law-281.txt item: #49 of 114 id: law-282 author: Qurbani, Indah Dwi; Sumarno, Theresia; Cassy, Retno W. N title: Regional Economic Development Strategy: Increasing Local Generated Domestic Revenue of the Regional-Owned Enterprises in the Oil and Gas Sector date: 2020-04-30 words: 6904 flesch: 38 summary: The Government Regulation No. 54, 2017 on Regional-Owned Enterprises, Article 9, Verse 5 stated that “The regional needs based on the needs being mentioned in the verse 2, and the feasibility study of BUMD business activities in verse 3, are part of the RPJMD policy” The profit from BUMD activities is other revenue sources for PAD (locally generated domestic revenue), which have shared with the regional government in a certain percentage. keywords: activities; bojonegoro; bumd; development; enterprises; establishment; gas; government; kud; law; oil; regional; regulation; strategy cache: law-282.pdf plain text: law-282.txt item: #50 of 114 id: law-283 author: Murgan, Murtala Ganiyu A.; Ijaiya, Hakeem title: International Principles of Sustainable Development and the Challenges to Environmental Rights Enforcement in Nigeria date: 2020-04-30 words: 8163 flesch: 26 summary: Keywords: sustainable development; human environmental rights; enforcement; challenges. The case of Amos v Shell BP Petroleum is another test on the rejection of environmental human rights. keywords: challenges; development; economic; enforcement; environmental; human; international; journal; law; nigeria; principles; protection; rights; section; social cache: law-283.pdf plain text: law-283.txt item: #51 of 114 id: law-29 author: Sinclair, Elizabeth title: 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 date: 2015-04-06 words: 4066 flesch: 28 summary: The newspapers (as opposed to magazines or other news mediums) printed by these outlets will be the focus of this paper, as Whiting and Marjoribanks refer only to print media in regards to their assessment of media control in their chapter – reference to online media is only made in regards to the fact that it is not as tightly regulated due to the fluid and uncontrollable nature of the system and, therefore, is mostly free of these constrictions. Malaysia and Singapore, for instance, have experienced restriction on media freedom due to a number of reasons, which include democratic type of the state itself and the nature of government. keywords: australia; countries; government; malaysia; media; singapore; whiting cache: law-29.pdf plain text: law-29.txt item: #52 of 114 id: law-295 author: Kusuma, Febrian Indar Surya; Hermawan, Sapto title: Examining on Indonesian Legal Challenges for Future Transnational Healthcare Service date: 2020-04-30 words: 6274 flesch: 41 summary: 96 | DOI: http://dx.doi.org/10.21776/ub.blj.2020.007.01.07 Examining on Indonesian Legal Challenges for Future Transnational Healthcare Service Febrian Indar Surya Kusumaa, Sapto Hermawanb aFaculty of Law, University of Sebelas Maret Surakarta, Central Java, Indonesia, 57126 Email: febriank28@gmail.com bFaculty of Law, University of Sebelas Maret Surakarta, Central Java, Indonesia, 57126 Email: Saptohermawan_fh@staff.uns.ac.id Submitted : 2020-02-29 | Accepted : 2020-04-13 Abstract: Facing the fourth industrial revolution, the state must strengthen its role to protect its citizens as a part of its efforts to provide social security. Keywords: healthcare service; social security; transnational services. keywords: bpjs; challenges; government; healthcare; indonesia; law; revolution; security; services; social; system cache: law-295.pdf plain text: law-295.txt item: #53 of 114 id: law-299 author: Kuswahyono, Imam; Ula, Hikmatul title: Institutional Policy in Land Procurement Under The Omnibus Law Regime date: 2020-04-30 words: 11245 flesch: 35 summary: Also thanks to Airin, Dyah Pawestri, Yolanda and Bastiko Pradana who translated Brawijaya Law Journal Vol.7 No.1 (2020) Contitutional Issues: Economic, Social and Cultural Rights 28 | Koeswahyono, Ula - Institutional Policy in Land Procurement Under The Omnibus Law Regime One of the opposing opinions that have expressed at the time the law was discussed at the National People’s Representative Council was by Idham Arsyad, who in brief stated that the discussion of the law as a bill should have delayed until structuring of agrarian affairs performed by inciting the execution of agrarian reforms.2 Before this, the daily newspaper “Kompas” also reported that the land procurement law is a threat to land rights because it is prone to be misused for business interests that instead hinder public access to development, and thus it is considered to not support public interests.3 The essence of this article is not to discuss why there is a debate that occurs regarding differences of views among stakeholders but to discuss the philosophy, theories, and consequences of the institutional policy in land procurement for public interests, assuredly from a legal standpoint or perspective. The instrumental character has the basis of effectiveness (doeltreffenheid) or efficacy, and efficiency (doelmatigheid) or productivity.29 Regarding the formation of a land procurement agency as the institution of the National Land Agency, based on Article 5 Letter f iuncto Articles 23-26 of Presidential Regulation No. 63 of the Year 2013 on the National Land Agency, there is the great expectation that this legal institution must be Brawijaya Law Journal Vol.7 No.1 (2020) Contitutional Issues: Economic, Social and Cultural Rights 38 | Koeswahyono, Ula - Institutional Policy in Land Procurement Under The Omnibus Law Regime able to perform its duties of formulating and executing policies in the field of land procurement for development of public interests as well as establish an authority for land rights with the primary tasks and functions having been established by Article 25 Presidential Regulation No. 63 of the Year 2013, which cover: a. Formulation of technical policies in the field of land procurement; b. keywords: agrarian; article; culture; development; government; indonesia; interests; land procurement; land rights; law; omnibus; people; policy; politics; public; rights; social; society; year cache: law-299.pdf plain text: law-299.txt item: #54 of 114 id: law-30 author: Chapman, Georgia Kate title: PRESS FREEDOM IN SINGAPORE AND MALAYSIA: DEFAMATION date: 2015-04-06 words: 3409 flesch: 44 summary: NewsCorp media reaches approximately 75% of the world’s population over five continents with around $28 billion in annual revenue. Malaysia and Singapore There are high levels of media regulation within both Malaysia and Singapore; both of which are non-liberal Asian democracies. keywords: defamation; law; malaysia; media; newscorp; singapore cache: law-30.pdf plain text: law-30.txt item: #55 of 114 id: law-319 author: Hajdari, Egzonis title: The History and Origin of Fraud as a Defect in Consent in Contractual Relationships date: 2021-04-30 words: 11923 flesch: 41 summary: Finally, it can be concluded that in Turkey until 1926, among others, the Sharia law and the Civil Code called “Mecelle” were applied, while the issuance of the Civil Code of 1926 abolished other laws applied until that time. Roman law also made a division of fraud, in “dolus malus” (serious fraud) and “dolus bonus” (easy fraud), which played an important role in the validity of obligational relationships.32 Therefore, as for the existence of fraud in Roman obligation law, it was not a necessary condition to ascertain the fact of the existence of the discrepancy between the declaration and the will of the parties. keywords: brawijaya law; code; consent; contract; deceived; defect; fraud; greek; history; islamic; issue; kosovo; law; law journal; laws; obligations; party; relationships; right; roman; time cache: law-319.pdf plain text: law-319.txt item: #56 of 114 id: law-32 author: Manap, Nazura Abdul title: ALIGNMENT OF MALAYSIA AND ASEAN AGREEMENTS ON ICT LAWS: A REVIEW date: 2015-04-06 words: 4041 flesch: 38 summary: ASEAN ICT INITIATIVE: e-ASEAN ASEAN was created in 1967 to promote regional cooperation among its member countries with the objective of (a) accelerating economic growth, social progress and cultural development and (b) promoting regional peace and stability in the region. MSC Malaysia operates within an area of approximately 15 km (9.3 mi) by 50 km (31 mi) or about 750 km 2 (290 sq mi) starts from the Petronas Twin Towers in the city of Kuala Lumpur to the Kuala Lumpur International Airport in Sepang including the towns of Putrajaya and Cyberjaya. keywords: act; asean; commerce; countries; electronic; ict; issues; law; malaysia cache: law-32.pdf plain text: law-32.txt item: #57 of 114 id: law-337 author: Safa'at, Muchamad Ali; Eko Widiarto, Aan title: Conditional Decisions as Instrument Guarding the Supremacy of the Constitution (Analysis of conditional decisions of Indonesian Constitutional Court in 2003 - 2017) date: 2021-04-30 words: 10495 flesch: 38 summary: Conditionally constitutional Decision put in dictum part that grants was first given in Decision Number 10/PUU-VI/2008 reviewing the absence of the provision concerning the requirement of domicile for the candidate members of Regional Representative Council (DPD). Following the Decision Number 10/PUU-VI/2008, all conditionally constitutional decisions are included in the dictum that grants. keywords: conditionally; constitution; court; decision number; decisions; judicial; law; law number; norm; puu; review; supremacy cache: law-337.pdf plain text: law-337.txt item: #58 of 114 id: law-35 author: Meskin, Senada title: LEGAL STATUS OF WARSHIP WRECKS FROM WORLD WAR II IN INDONESIAN TERRITORIAL WATERS (INCIDENT OF H.M.A.S. PERTH COMMERCIAL SALVAGING) date: 2015-12-18 words: 6469 flesch: 42 summary: 7 Today HMAS Perth lies at 35 (thirty five) meters deep of Sunda Strait shallow waters. HMAS Perth is Australian owned warship whose wreck current location is within Indonesian Territorial Sea. keywords: article; australian; convention; hmas; hmas perth; indonesia; july; law; navy; online; perth; sea; state; warship; wreck cache: law-35.pdf plain text: law-35.txt item: #59 of 114 id: law-355 author: Disemadi, Hari Sutra; Al-Fatih, Sholahuddin; Yusro, Mochammad Abizar title: Indonesian Children Protection against Commercial Sexual Exploitation through Siri Marriage Practices in Maqashid Al-Shariah Perspective date: 2020-10-31 words: 9213 flesch: 34 summary: Marriage to children through a series of marriages from the perspective of Maqashid Al-Sharia is legal or legal but child marriage will only produce a portion of the purpose of marriage, while other objectives in Maqashid Al-Sharia tend to be ignored. The existence of the Child Protection Law emphasizes the legal legitimacy of child protection and the need to provide criminal sanctions for perpetrators of crimes against children in which the sanctions aim to provide a deterrent effect and encourage concrete steps to restore physical, psychological, and social recovery of children.7 The issue of child protection which is considered important today to be studied is the problem of protecting children from unscrupulous acts of trafficking children for commercial sexual exploitation purposes. keywords: anak; article; child protection; children; dan; exploitation; hukum; indonesia; jurnal; law; maqashid; marriage; perlindungan; protection; protection law; rights; siri; siri marriage cache: law-355.pdf plain text: law-355.txt item: #60 of 114 id: law-36 author: Napoh, Datu Bua title: RECOGNITION OF THE CUSTOMARY LAND LAW IN THE CONSTITUTION OF INDONESIA AND MALAYSIA date: 2015-12-18 words: 6346 flesch: 56 summary: MALAYSIA Datu Bua Napoh Faculty of law, Brawijaya University Email: datunapoh@gmail.com ABSTRACT Recognition of customary land law is very important for indigenous peoples in their daily lives to protect the existence of the preservation of customary law itself, because this is a traditional lands where they carry out their daily routines and develop their traditional habits which categorized as unique and different from other areas. Then, the management of customary land law in Negeri Sembilan adapted to customary law in Perpatih tradition in Malaysia because customary law is divided into two parts, namely Perpatih customary law and Temenggung customary law. keywords: adat; constitution; court; customary; indonesia; land; land law; law; malaysia; people; plaintiffs; rights cache: law-36.pdf plain text: law-36.txt item: #61 of 114 id: law-367 author: Gupta, Shipra title: Judicial Exposition of Gender Justice as a Constitutional Mandate: A Narrative from India date: 2020-10-31 words: 10235 flesch: 39 summary: They also had an option to accept ground duties beyond fifty years up to the age of fifty-eight years.65 Sexual Harassment at workplace ‘Sexual harassment’ is the infringement of fundamental right of woman to gender equality under Article 14. In Githa Hariharan v. Reserve Bank of India 101 this Court while construing Section 6(a) of the Hindu Minority and Guardianship Act, 1956 and Section 19(b) of the Guardians and Wards Act, 1890 considered the predominant object of the legislation in conjunction with the constitutional guarantee of gender equality and recognised equal status of mother as the natural guardian like father even during his life.102 Violence against Women and Article 21 Article 21 of the Constitution of India reinforces “right to life”. keywords: article; constitution; court; discrimination; equality; gender; gender justice; india; issue; justice; law; legal; right; scc; social; state; union; women cache: law-367.pdf plain text: law-367.txt item: #62 of 114 id: law-37 author: Puspitawati, Dhiana title: INDONESIAN SALVAGE LAW WITHIN THE FRAMEWORK OF CONTEMPORARY MARITIME LAW date: 2015-12-18 words: 7210 flesch: 46 summary: These following sections elaborate inconsistency between international salvage law rules and Indonesian salvage law. This research finds that while Indonesian salvage law can be found in Book II Chapter VII article 545-568k Wetboek Van Koophandel or known as Kitab Undang-undang Hukum Dagang (KUHD), which focused narrowly on the value of salved property as the primary measures of success, yet Indonesian salvage law has not been developed in accordance with current international salvage law, which adopted a broader and more balanced approached in both commercial and environmental aspects. keywords: 1989; act; article; convention; indonesian; international; law; maritime; salvage; salvor; ship; vessel cache: law-37.pdf plain text: law-37.txt item: #63 of 114 id: law-379 author: Sukarmi, Sukarmi; Ganindha, Ranitya; Umar, Azahlia title: Law Protection Mecanism of Wage Equality for Women Worker: Indonesian Law and Human Right Perspective date: 2020-10-31 words: 6248 flesch: 31 summary: The results shows that Indonesia does not yet have regulations that contain special protection mechanisms for wage discrimination provided by Indonesia to women workers in the form of sanctions, reporting mechanisms or special supervision of discriminatory practices, which are not yet regulated either in the Employment Act or the Law ratified by the Convention ILO and CEDAW. This special program or step can be in the form of certain reporting methods for women workers who experience discrimination, supervisory institutions of gender discrimination in the workplace, sanctions for employers who discriminate wages for women workers, or other steps that can make effective protection of women workers from wage discrimination in his work environment as guaranteed in the Act. keywords: article; discrimination; employment; equality; gender; ilo; indonesia; law; protection; wage; women; workers cache: law-379.pdf plain text: law-379.txt item: #64 of 114 id: law-38 author: Djangko, Indri Sukmawati title: CONSTITUTIONAL RIGHTS FOR PERSONS WITH DISABILITIES IN INDONESIA: PRESENT AND FUTURE REGULATIONS (A Comparative Perspective between Indonesia and Malaysia) date: 2015-12-18 words: 11392 flesch: 40 summary: This paper uses juridical-normative method, including reviewing and analyzing the rules of Indonesian and Malaysian law concerning protection of disabilities rights, as well conducting a comprehensive analysis of Indonesian and Malaysian Law. Through library research which is used as a method of data collection in this paper, the author compares the fulfillment of human rights for persons with disabilities in Indonesia and Malaysia. keywords: 1945; article; constitution; convention; disabilities; human; indonesia; law; life; local; malaysia; persons; public; regulation; rights; state; uud; year cache: law-38.pdf plain text: law-38.txt item: #65 of 114 id: law-381 author: Zulfiyan, Ahmad title: Legal Protection for Women Drivers in the Gig Economy: Evidence from Tulungagung, East Java date: 2020-10-31 words: 6308 flesch: 41 summary: This study aims to find out how the legal protection for Grab women drivers in the gig economy. Based on this background, this study examined to find out how legal protection for Grab women drivers. keywords: drivers; economy; gig; gig economy; grab; indonesia; interview; law; protection; relationship; women; women drivers; work; workers cache: law-381.pdf plain text: law-381.txt item: #66 of 114 id: law-383 author: Tyagi, Neelam title: Gender Violence, Gender Justice and Gender-Based Laws: An Analysis of Pattern and Policies in India and Indonesia date: 2020-10-31 words: 11790 flesch: 32 summary: 14 Violence against women, In: Women in South East Asia: A health profile, (New Delhi, WHO regional office for South East Asia, 2000) 147-60. Inconsistent with international law, it did not criminalize all forms of child sex trafficking.39A report by the National Commission on Violence against Women (2019) confirms that women with disabilities suffer high from sexual violence (from 40 cases in 2015 to 89 cases in 2019).40 The Indian Constitution under Article 23 specifically bans the trafficking in persons. keywords: act; article; children; countries; gender; gender justice; gender violence; india; indonesia; journal; law; laws; marriage; protection; rape; rights; sex; trafficking; violence; women cache: law-383.pdf plain text: law-383.txt item: #67 of 114 id: law-387 author: Parul, Parul; Luvleen, Luvleen title: Victimization of Women in Prisons: A Comparative Analysis of India and Indonesia date: 2020-12-09 words: 10327 flesch: 36 summary: Comparative analysis of different Constitutional provisions, Penal provisions, welfare statutes constituting the rights of women prisoners, International conventions as well as academic and semi-activist documents. For example: women prisoners are asked to strip their clothes if they want to get the goods they wished for. keywords: analysis; article; constitution; health; human; india; indonesia; international; law; prisoners; prisons; protection; rights; state; undang; victimization; violence; women cache: law-387.pdf plain text: law-387.txt item: #68 of 114 id: law-39 author: Kristiyanto, Kristiyanto - title: THE ANALYSIS OF FOREIGN-VESSEL SINKING AS AN EFFORT BY THE GOVERNMENT OF INDONESIA TO COMBAT IUU FISHING PURSUANT TO INTERNATIONAL LAW date: 2015-12-18 words: 4706 flesch: 42 summary: page viii 72 international law related to criminal sanctions for illegal fishing by foreign vessels, in particular the sanctions related to the sinking of foreign fishing vessels, will complicate the task of the government to eradicate the practice of IUU fishing. II. Etty R. Agoes, stated her opinion associated with the handling or reduction of IUU fishing 15 , which is a form of international interstate (transnational) crime: one of the steps that needs to be done by the Ministry of Maritime Affairs and fisheries (MMAF) is diplomacy related to the plan of action related to the issues and problems of illegal fishing. keywords: fisheries; fishing; government; indonesia; iuu; iuu fishing; law; marine; national; resources; vessels cache: law-39.pdf plain text: law-39.txt item: #69 of 114 id: law-391 author: R K, Biju title: Childhood Statelessness: Critiquing International Norms and Enforcement Strategies date: 2021-04-30 words: 10767 flesch: 37 summary: child rights becomes crucial. They can transmit necessary data on children’s access to nationality, standards accepted and interpretations of child rights across national mechanisms to UN bodies. keywords: article; childhood statelessness; children; citizenship; convention; human; international; journal; law; nationality; norms; rights; statelessness; states cache: law-391.pdf plain text: law-391.txt item: #70 of 114 id: law-40 author: Juarsa, Nyoman Indra; Persian, Yanuarda Yudo title: CORPORATE SOCIAL RESPONSIBILITY IN INTERNATIONAL ECONOMIC LAW PERSPECTIVE date: 2015-12-18 words: 6471 flesch: 28 summary: This paper focuses on what more specific instrument sets CSR in international economic law, and how CSR can be implemented by the MNC. International (public) law has been providing instruments to regulate MNC activities related to CSR, those are: OECD Guidelines, ILO Declaration and UN Global Compact. METHODE OF RESEARCH This study uses normative juridical method, with the starting point of research on international economic law instruments or legal instrument regulating CSR. keywords: business; cao; csr; guidelines; ifc; impacts; international; law; miga; mnc; performance; rights; standard cache: law-40.pdf plain text: law-40.txt item: #71 of 114 id: law-402 author: Purwanti, Ani; Setiawan, Fajar Ahmad title: Developing Anti Domestic Violence Policy during Covid 19 Pandemic in Indonesia date: 2020-10-31 words: 8710 flesch: 34 summary: Through all of this, children and their mothers are very vulnerable (End Violence against Children, 2020) to the risk of domestic violence. In that category, the state needs to work with various non-state actors to eradicate domestic violence. keywords: abuse; april; children; coronavirus; covid-19; family; health; increase; journal; law; pandemic; policy; risk; violence; violence policy; women cache: law-402.pdf plain text: law-402.txt item: #72 of 114 id: law-404 author: Suryokumoro, Herman; Ikaningtyas, Ikaningtyas; Muafi, Mochamad title: Quo Vadis Legal Protection for Children Recruited as Child Soldiers in Areas of Armed Conflict in the Context of International Law date: 2020-10-31 words: 9790 flesch: 42 summary: However, in armed conflict children suffer different ways than an adult, it is because that child has physically weaker and their mentality not in the same level as adult. The legal norms that are found in regulations and conventions for the legal protection of children rights are very limited when applied to the real situation. keywords: age; armed; child soldiers; children; conflict; convention; international; law; protection; recruitment; rights; states; years cache: law-404.pdf plain text: law-404.txt item: #73 of 114 id: law-427 author: Subadi, Subadi title: Land Procurement for Upstream Oil and Gas Business Activities in Indonesia date: 2021-04-30 words: 9171 flesch: 35 summary: Land acquisition cannot be carried out easily, quickly, effectively, or efficiently. 2) What is the possibility of using discretion in land acquisition for upstream oil and gas business activities? II. keywords: activities; business activities; discretion; gas; gas activities; gas business; government; indonesia; land; land acquisition; land procurement; law; migas; oil; public; skk; state cache: law-427.pdf plain text: law-427.txt item: #74 of 114 id: law-434 author: Djumikasih, Djumikasih; Luth, Thohir; Budiono, Abdul Rachmad; Koeswahyono, Imam title: The Notion of Divine Principle (Asas Ilahiah) in Indonesian Contract Law date: 2021-04-30 words: 6411 flesch: 54 summary: RESULT AND DISCUSSION In the Indonesian Civil Code (Kitab undang-undang Hukum Perdata) Book III, there are several principles of agreement law, including the principle of freedom of contract, consensual principle, legal certainty (pacta sunt servanda), and the principle of good faith, and the principle of personality (personality). From the background of the problems mentioned above, it is necessary to research the Divine principle's nature in contract law? keywords: agreement; contract; faith; indonesia; law; national; parties; principle; servanda; sunt; theory cache: law-434.pdf plain text: law-434.txt item: #75 of 114 id: law-44 author: Boag, Carly May title: A COMPARATIVE STUDY OF THE LEGAL FRAMEWORKS FACILITATING INDIGENOUS LAND MANAGEMENT IN POSTCOLONIAL SOCIETIES: INDIGENOUS AUSTRALIA AND INDONESIAN ADAT LAW date: 2016-11-10 words: 8544 flesch: 20 summary: Although the UNDRIP is non-binding it sets important global standards for the implementation of policies relating to Indigenous people “based on proper respect for the rights of Indigenous peoples in terms of their own law, traditions and culture”14 moving towards contemporary post-colonial legal structures. The first specific Convention on Indigenous peoples rights was the 1989 International Labour Organisation’s Convention Concerning Indigenous and Tribal Peoples in Independent Countries. keywords: adat; australia; conservation; contemporary; development; environmental; ilm; indonesia; international; journal; land; law; law journal; management; people; rights cache: law-44.pdf plain text: law-44.txt item: #76 of 114 id: law-449 author: Nnawulezi, Uche; Adeuti, Bosede Remilekun title: Expanding the Frontiers of the Right to Work through Migration: An Evolving Regime date: 2021-04-30 words: 7464 flesch: 22 summary: In view of this broad understanding of the scope of these rights, a conceptual question of importance is whether human rights law is applicable at all times thus, given that the philosophical basis of human rights is that by virtue of the fact that people are human, they always possess them. 12 International Federation of Red Cross and Red Crescent Societies “policy on migration”, (2009) Brawijaya Law Journal Vol.8 No.1 (2021) Contemporary Issue in Private Law 4 | Nnawulezi, Adeuti - Expanding the Frontiers of the Right to Work through Migration... of which he or she is not an origin.13Thus, the above provision of the convention is applicable except as otherwise provided hereinafter to all migrant workers and members of their households without distinction of any kind such as sex, race, color, language, religion, conviction, ethnic or social origin, nationality, marital status, birth or other-related issues.14 This perspective, however, takes into account specific legal categories such as stateless persons and refugee on whether special protection is to be accorded to them both under international human rights law or humanitarian law. keywords: convention; human; international; law; migrant; migration; protection; rights; work; workers cache: law-449.pdf plain text: law-449.txt item: #77 of 114 id: law-45 author: Mitchell, James N title: TRANSNATIONAL ORGANISED CRIME IN INDONESIA: THE NEED FOR INTERNATIONAL COOPERATION date: 2016-11-10 words: 8676 flesch: 23 summary: Keywords: Transnational Organized Crime, South East Asia, Cooperation I. INTRODUCTION 1 2 3 Transnational organised crime is an ever-expanding global problem with far-reaching impacts in all corners of the world.4 For the purposes of this essay, ‘transnational organised crime’ is 1 Student of Law School, Faculty og Law, Humanity and Arts, University of Wollongong 2 Muhammad Mustofa, ‘Bilateral Cooperation Between Indonesia and Malaysia in Combating Transnational Crime’ (2008) 5 Indonesian Journal of International Law 525, 526. 14 Romli Atmasasmita, ‘International Cooperation on Combating Human Trafficking Especially Women and Children: A View from Indonesia’, (2004) 1 Indonesian Journal of International Law 673, 675. 15 United Nations Office on Drugs and Crime, Global Report on Trafficking in Persons, (February 2009) 8 (‘Global Report on Trafficking in Persons 2009’). keywords: asean; asia; cooperation; crime; east; human; indonesia; international; journal; law; nations; states; terrorism; trafficking cache: law-45.pdf plain text: law-45.txt item: #78 of 114 id: law-46 author: Nguyen, Quynh-Dan title: ERROR: ESSAY NOT FOUND COMPARING CENSORSHIP IN CHINA AND SOUTH KOREA date: 2016-06-06 words: 9514 flesch: 45 summary: OpenNet Initiative Brawijaya Law Journal Vol.4 No.2 2017 Law and Sustainable Development 163 ofvarious religions. In the Government Regulation in Lieu of Law No. 1 year 2002 on the Eradication of Terrorism which has been set into an act 22 Counter Terrorism Committee was wstablished by UN SC Resolution 1373 (2001) 23 U.S. Code, title 22, sec 265 f (d) Brawijaya Law Journal Vol.4 No.2 2017 Law and Sustainable Development 167 through Law No. 15 year 2003, terrorism is defined as an act ... that deliberately use violence or threat of violence, creating an atmosphere of terror or fear of the widespread or cause the victim that is massive, by robbing the independence or loss of life or property of others, or cause damage or destruction of vital strategic objects or environment or public facilities or international facilities . keywords: acts; convention; crimes; indonesia; journal; law; radicalism; religion; research; suppression; terrorism; violence cache: law-89.pdf plain text: law-89.txt item: #113 of 114 id: law-91 author: Rijadi, Prasetijo; Priyati, Sri title: RECONCEPTUALIZATION OF INDONESIA LAW SUBSTANCES date: 2017-10-26 words: 5605 flesch: 55 summary: The urgency to reconsider the construction of law substances is encouraged by the real fact, which law has deceived into supporting the power abuse, corruption, collusion and nepotism. Keywords: law substance, power I. INTRODUCTION Discussion to reconsider the concept of Indonesia‟s law substances, reminiscent of the Satjipto Rahardjo‟s idea, in a paper entitled “Rekonstruksi Pemikiran Hukum di Era Reformasi”. keywords: bandung; dan; development; era; het; hukum; ibid; law; new; order; rules; science; social; society; substance; system; van cache: law-91.pdf plain text: law-91.txt item: #114 of 114 id: law-94 author: Suryokumoro, Herman title: THE IMPLICATIONS OF ASEAN ECONOMIC COMMUNITY (AEC) TO THE REGULATION OF COOPERATIVE SUPERVISION BY THE GOVERNMENT UNDER LAW NUMBER 25/1992 ON COOPERATIVE date: 2017-10-26 words: 10822 flesch: 31 summary: a. Partnership Program which will assist the cooperative in this aspect of social and economic responsibility by holding seminars and conferences and exchange of expertise between ASEAN cooperative b. Economic Development Program with the establishment of business networks among ASEAN cooperative members as well as helping to market the products of small and medium industries in ASEAN countries and globally c. Environmental issues affecting cooperatives in ASEAN countries. To that end, ASEAN agreed to establish a Strategic Action Plan for SME Development 2016 - 2025 with the function of formulating the strategic vision and objectives in order to realize the vision of ASEAN SMEs in 2025 itself; explicitly defines the desired results of each of the strategic objectives; providing a set of key policy indicators (key performance indicators) to measure the results and evaluate the achievement of objectives; aligning step action from a regional perspective with concrete action steps to achieve the goals set; set a roadmap to clarify the action plan and design the mechanism so that ASEAN members can perform periodic evaluations and to submit the results at a meeting of Small Medium Enterprises Working Group (SMEWG). keywords: aec; asean; brawijaya law; business; community; cooperative; countries; development; economic; government; indonesia; integration; law; law journal; members; national; no.2; oversight; policy; smes; supervision; vol.4 cache: law-94.pdf plain text: law-94.txt