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Udayana Journal of Law and Culture

UJLC
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Published by Universitas Udayana

ISSN : - EISSN : 25490680 DOI : -

Core Subject : Humanities, Art, Social,

Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Udayana Journal of Law and Culture (UJLC) is hence created by reflecting the aforementioned phenomenon. This journal offers a recovery of the landscape of the science of law by means of recovering the position of ideology as an aspect of science of law analysis, with particular in analyzing the correlation between law and culture, including the legal aspects related to some disciplines and issues, among others, and not limited to, general social sciences, sociology, anthropology, ideology, tourism, human rights.

Arjuna Subject : -

Articles 5 Documents

Search results for , issue "Vol 2 No 2 (2018): Encouraging Cultural Approach to Law" : 5 Documents clear

Protecting the Village Credit Institution: Should Traditional Communities Adopt Modern Financial Management Practices? Luh Putu Yeyen Karista Putri; Eric Gordon Withnall
Udayana Journal of Law and Culture Vol 2 No 2 (2018): Encouraging Cultural Approach to Law
Publisher : Faculty of law Udayana University

A Lembaga Perkreditan Desa (Village Credit Institution or LPD) is a type of financial institution that is associated with a Balinese customary village. LPDs face competing pressures to both maintain their traditional character and align themselves with national standards for financial management. This article establishes the hybrid legal character of LPDs (under Balinese customary law and Indonesian national law) in order to analyse their evident shortcomings, being the vulnerability of some monitoring and protection systems to misappropriation. We rely on normative legal research methods, including statutory analysis and analysis of case studies. We examine the LPD Regulations and Balinese customary law, supplemented by interviews on issues of relevance. We conclude that the recognition of LPDs under the law, given the fundamental basis of the LPD in the customary village, ought to be given primacy to their status under Balinese customary law. However, the monitoring and protection systems of LPDs must be improved and uniform standards must be enforced – otherwise, their customers will simply use other financial institutions. We also conclude that it is possible to improve management practices while respecting the autonomy of customary villages. Therefore, we assert that properly implemented measures will make a direct intervention from government unnecessary.

Positioning Adat Law in the Indonesia’s Legal System: Historical Discourse and Current Development on Customary Law Bono Budi Priambodo
Udayana Journal of Law and Culture Vol 2 No 2 (2018): Encouraging Cultural Approach to Law
Publisher : Faculty of law Udayana University

Adat law has been narrowly understood, mainly as part of private law, in the curricula of Indonesian law schools. This is in contrary to the original intent of adat law, both as an academic and policy discourse, at the first place, which was as an attempt to develop a legal system that is suitable to govern the Netherlands East Indies (NEI) for preventing violation against the indigenous sense of justice. This article seeks to clarify the actual purpose of Adat Law, as it conceived, in the living of traditional community and the relation between adat law and Indonesian state law following the Indonesian independence. Subsequently, this article would explore how constitutional law and administrative laws (staatsrecht) would place “Adat law” under the Indonesian legal system that might be well claimed as an autochthonous law of Indonesia. It is a legal writing that uses historical, statutory, and case approaches. It has been found out that Adat Law scholarship had a pragmatic purpose i.e. to administer justice and govern the NEI colony that reflects a characteristic of public law. The later development showed that the law has shifted its focus into private law fields such as the law of persons, marriage and family laws, property and inheritance laws. Such shifting leads Adat law into an obscured relation between Adat Law and public laws in the era of the post-independence of Indonesia. It can be concluded that under historical inquiry, the Basic Law of 1945 (Indonesian Constitution) has strongly inspired by Adat Law. The same goes for administrative law, which in this case is represented by BAL that governs not only land administration but all kinds of natural resources in Indonesia until nowadays.

Corporate Social Responsibility and Its Implementation in Tourism Industry: A Comparative Study between Indonesia and Australia Anak Agung Bagus Ngurah Agung Surya Putra; Renee Sarah White; Kadek Sarna
Udayana Journal of Law and Culture Vol 2 No 2 (2018): Encouraging Cultural Approach to Law
Publisher : Faculty of law Udayana University

The concept of Corporate Social Responsibility (CSR) has been widely spread to developing countries. Most scholars argue that the CSR will give economic benefit to the local communities surrounding the company. Indonesia and Australia have adopted the concept of CSR into some legislation and regulations. When the laws of CSR were implemented in the field of tourism, some companies thought that they do not have any legal obligation to implement it. In practice, local communities have used CSR to demand the tourism industries to provide any social, cultural and economic facilities. This article is aimed at providing an analysis regarding the legal framework of Indonesian and Australian laws and regulations concerning CSR, particularly in Tourism Sector. In addition, it is intended to analyze how the implementation of CSR in tourism may strengthen the local communities. It is a normative legal research that primarily scrutinizes written official law and regulations as well as relevant court decisions regarding the issue of CSR, company, and tourism. It can be concluded that both Indonesia and Australia have regulated the concept of CSR very well as stipulated in official law and regulations. Regarding the implementation, by revolving within the scope of sustainable development concept as well as a gradual increase of tourism industries participation in CSR, the well-being of the local community will surely be improved.

Weighting Approaches on Online Sexual Abuse of Children: Cultural Prevention or Crime-Based Enforcement? Ahmad Sofian; Bambang Pratama; Chiara Talerico
Udayana Journal of Law and Culture Vol 2 No 2 (2018): Encouraging Cultural Approach to Law
Publisher : Faculty of law Udayana University

Online Child Sexual Exploitation (OCSE) is a form of crime against children that can be reviewed from various perspectives such as criminal law, criminology and culture. This offence is governed in several international legal instruments because perpetrators and victims are often located in different territories or have different nationalities. The Optional Protocol on Sale of Children, Child Prostitution and Child Pornography (OPSC) is one that provides a reference in combating this crime, but this instrument has the disadvantage of not providing specific guidance in overcoming sexual crimes of children who are in the online sphere. OPSC focuses more on child pornography, whereas OCSE has evolved rapidly enough to give birth to new forms of crime that are not just child pornography. Another weakness can be found in national laws, due to the lack, or limited, response to address the issue. Therefore, a cultural approach is important to prevent and tackle this problem. This paper is aimed to weight the needs to use a Preventive Cultural approach and a Crime-Based Enforcement in addressing Online Sexual Abuse in Indonesia. It is a normative legal research that reads various primary and secondary legal materials. The study recommends that there is a need to use appropriate legal terminology and provide a clear interpretation of the terminology in national law so that these crimes can be quickly addressed. In addition, it also argued that cultural approaches may be used to prevent the occurrence of OSCE by means of involving the community and religious leaders, educating family, as well as raising the awareness of children.

Climate Change and Human Migration: Towards More Humane Interpretation of Refugee I Gede Eka Sarjana
Udayana Journal of Law and Culture Vol 2 No 2 (2018): Encouraging Cultural Approach to Law
Publisher : Faculty of law Udayana University

This article seeks to highlight the existing 1951 Convention relating to the Status of Refugees (hereinafter referred to as Refugee Convention) and the possibilities of the document to encompass climate-induced migration by modifying, reconstructing and establishing a specific legal regime, considering that the concept of Internally Displaced Persons (IDPs) has been inadequate and incapable to incorporate the ‘newly introduced’ type of migrant. The definition of refugee in the Convention explicitly limits the scope of people who are forced to flee their home into migrants due to warfare and civil disturbance. In fact, there are people who can no longer gain decent livelihood due to environmental and social problems including poverty, drought, soil erosion, desertification, deforestation, floods and other environmental deterioration. However, these people have not been legally accepted as ‘refugee’ in the international arena. The author argues that ‘environmental refugee’ or ‘climate refugee’ is a clear and present issue, as climate change-related disasters are rampant and deteriorating. Therefore, this article will examine the existing and potential role of international law in effectively responding to climate change and its related humanitarian problems in the future. The development of a specific legal document on environmental refugee and the global acceptance of the status of the people not only represent a short-term solution for the affected people, but also introduce a long-term commitment of international community to alleviate poverty and guarantee the fulfilment of basic human rights and social justice for everyone. This article primarily investigates relevant legal documents and discovers some legal and non-legal concepts that are connected to the central topic of this article.

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Kota denpasar,

Bali

INDONESIA