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Udayana Journal of Law and Culture
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
 1 
Search results for , issue "Vol 5 No 1 (2021)" : 5 Documents clear
Establishing a Regional-Owned Limited Liability Company: Would it Support an Integrated Tourism Management in Bali? Luh Ayu Nadira Saraswati; Anak Agung Gede Duwira Hadi Santosa
Udayana Journal of Law and Culture Vol 5 No 1 (2021)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2021.v05.i01.p04

Abstract

The rapid development of tourism in Bali has made this sector becomes the main pillar of the economy. Facts indicate that the tourism industry in Bali is not parallel with the equal distribution, which entails an imbalance in both tourism facilities and tourism management. This has an impact on chaotic tourism management: many tourist destinations and attractions were not managed properly and could not develop their potency optimally. This situation reflects an urgency to conceive an integrated tourism development and management. The Bali Provincial Government has addressed this issue by launching the concept of One Island One Management. This paper aims to analyze the tourism management arrangements in Bali with the various challenges faced in its application and to assess the establishment of Regional-Owned Limited Liability Company in realizing the concept of an integrated tourism management in Bali. In terms of writing methodology, this paper applies a normative legal research. The result suggested that a regional-owned limited liability company (LLC) can support the realization of an integrated tourism management in Bali. From a legal perspective, a regional-owned LLC is subject to the company law, which entails that it will strengthen the professionalism in managerial aspects and also will accommodate the participation of the region through the shareholder forum.
Strengthening Regulations In Protecting Indonesian Migrant Workers Before Departing to the Destination Country Rifqon Khairazi
Udayana Journal of Law and Culture Vol 5 No 1 (2021)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2021.v05.i01.p03

Abstract

The lack of employment opportunities and intense level of job competitiveness contribute to the increasing number of job seekers in Indonesia. By the availability of opportunities to work abroad, people choose to work as migrant workers. Fact reveals many legal problems faced by migrant workers, especially those who work as domestic workers in foreign countries. This study analyzes the reasons and legal issues that cause Indonesian migrant workers to experience many violations of their rights, particularly in the pre-departure period. It discusses the rights and protection for migrant workers as stipulated in relevant laws and regulations. This research applies a normative legal method, analyzing legal documents in statutory regulations and several supporting references related to migrant workers. The results revealed that the violations of Indonesian Migrant workers’ rights occurred due to the lack of implementation of before working (pre-departure) protection. Besides, numerous migrant workers departed without going through a departure mechanism as determined in Law No. 18 of 2017 concerning the Protection of Indonesian Migrant Workers. Therefore, it is necessary to consider revising the current laws and regulations or strengthening them through implementing regulations.
Identifying Social Contexts Upon The Annual Homecoming Prohibition Due to The Covid-19 Outbreak Kukuh Fadli Prasetyo
Udayana Journal of Law and Culture Vol 5 No 1 (2021)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2021.v05.i01.p02

Abstract

Despite its well-established value, the 1441 AH annual homecoming was prohibited by the Government of Indonesia to halt the COVID-19 outbreak. This paper aims to illustrate as well as analyse social factors that come up along with the implementation of the regulation. This research employs the so-called socio-legal research method. The intercourse between law and society has been discussed thoroughly. Later, the discussion builds a connection between law and society in which law initiates changes within society. Furthermore, as this regulation intends to adjust a well-established social value, this paper offers analysis from a perspective of sociology of law. There is a list of considerations to study. First, the legitimate lawmakers and the measurable benchmark are the main sociological strength of the law. Secondly, the absence of an integrated punishment and the ad-hoc basis of policy-making reduce the capacity to create social changes. Besides, other social factors ignored by the Government range from the recognition of this annual homecoming as social value to the ignorance of current social solidarity in Indonesia.
Hindu Legal Philosophy in Ngelinggihang Dewa Hyang Tradition: A Case Study in Jero Kuta Customary Village Dewa Ketut Wisnawa
Udayana Journal of Law and Culture Vol 5 No 1 (2021)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2021.v05.i01.p01

Abstract

This article discusses Ngelinggihang Dewa Hyang ceremony in Gianyar Regency which is different from the traditions in other regions in Bali. This tradition originates from Hindu law but is implemented differently by each customary village. This study aims to assess the position of Hindu law in Indonesian legislation, discuss Hindu law as the basis for implementing Ngelinggihang Dewa Hyang ceremony, identify the autonomy of customary village in Ngelinggihang Dewa Hyang process, and reveal the public perceptions of this ceremony in Jero Kuta Customary Village, Batubulan Village, Sukawati District, Gianyar Regency. This paper is a socio-religious research that is combined with a legal research. The research suggested that Hindu law does not have an explicit position in national law, but is used as the guideline for Balinese customary law. Sources of Hindu law used in this ceremony are Lontar Purwa Bhumi Kamulan and Manawa Dharmasastra that have been derivated into customary law. The autonomy of the customary village in the process of Ngelinggihang Dewa Hyang can be seen from the dresta (customary law) adopted by the villagers of Jero Kuta Customary Village who carry out this procession on a different day from other rituals. The public perception of this ceremony can be seen from the interaction in family and community scope. It has been revealed that the society does not fully understand the meaning of this religious procession due to the following factors; differences in community understanding of the existence of the Ngelinggihang Dewa Hyang ceremony; ignorance of the community, education Level, and the development of globalization in people's life.
Countermeasures under the Agreement on Subsidies and Countervailing Measures: Between the Aircraft Manufacturing Industry and Society Ida Bagus Mahawira Nawagani; Prita Amalia; Helitha Novianty Muchtar
Udayana Journal of Law and Culture Vol 5 No 1 (2021)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2021.v05.i01.p05

Abstract

Countermeasures under World Trade Organization (WTO) law are separated into two categories, remedies and a method to induce compliance after another defaulting state fails to adhere to WTO's panel recommendation. This article will focus on the second category. The term ‘countermeasures’ specifically refers to an act of suspension of concessions or other obligations. One case of granted countermeasures is DS316, a case between the United States of America (US) and the European Union (EU). The issue of this case is the subsidies granted by the EU for Airbus, an aircraft manufacturer based in Europe which consists of four European nations, which resulted in Boeing's market loss. The US then requested countermeasures authorisation by the WTO. Countermeasures are related to the principle of proportionality both under public international law and WTO law. Additionally, countermeasures can lead to a more complex situation since it affects the human rights of the private actors of international trade as a part of society. This article explains the implementation of both the countermeasures and the proportionality principle, and analyses the precedents of cases and the countermeasures granted by the WTO as well as the effects of the granted countermeasures to society as it creates barriers for all the international trade actors.

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