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INDONESIA
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
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Search results for , issue "Vol 8 No 2 (2024)" : 5 Documents clear
Boekpayoo Customary Ceremony of Ga-Dangme in Nungua: Culture Versus Law in Ghana’s Fight Against Child Marriages Dickson Adom
Udayana Journal of Law and Culture Vol 8 No 2 (2024)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2024.v08.i02.p01

Abstract

Child marriage has been an age-long problem in Ghana’s quest of protecting the rights and development of young girls. Though there are various international and domestic legal frameworks to assist the Ghana government in taking proactive steps in fighting against child marriages, there are some deep-rooted cultural practices commemorated in some Ghanaian traditional communities that seem to derail the government’s efforts. This paper aims to analyze the Boekpayoo customary ceremony organized by the Nungua Traditional Council in Ghana at the Gborbu temple on the 30th of March 2024. It offers a deeper understanding of the appropriateness and legality of the Boekpayoo customary ceremony to show how Ghana struggles to end all forms of child or early marriage. This paper puts the customary ceremony under the lens of existing domestic and international legal frameworks and cultural anthropology perspectives. This paper has relied on and has been critically analyzed through secondary data from national and international legal instruments, cultural anthropology literature, and news reports. This study revealed that the procedure for the Boekpayoo ceremony, as well as the fitting appointment for occupying the position of Naa Yoomo Ayemuede, is legitimate, as it helps in the preservation and promotion of the place-identity history and culture of the Ga-Dangmes. However, the timing and selection of Naa Okromo need to be analyzed as they are not in accordance with the established national and international legal frameworks.
Preventing Corruption in Bali’s Customary Villages: How Do Regional Institutions Play a Role? Ni Komang Windu Rejeki; Bima Kumara Dwi Atmaja; Anak Agung Istri Eka Krisna Yanti
Udayana Journal of Law and Culture Vol 8 No 2 (2024)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/10.24843/UJLC.2024.v08.i02.p02

Abstract

Customary villages are traditional institutions in Bali that have existed for centuries. The village has autonomy when it comes to managing its customary arrangements based on local traditions and wisdom, meaning that it does not have a hierarchical relationship with the government based on the state structure of the Republic of Indonesia. The Bali Province Government, a second-layer hierarchical government structure in Indonesia, applies a unique approach to performing relationships with customary villages in Bali as it has regularly supported the existence and activities of customary villages, including providing funding assistance. Unfortunately, several cases have shown the misuse of government funds. This article, therefore, identifies the practice of fraud and corruption in customary villages in Bali. Second, it analyses the role of the Customary Community Development Agency (DPMA) of the Bali Province Government in supervising the financial management of Bali's customary villages. Lastly, it supports the synergy between DPMA and the Representative Office of the Financial and Development Supervisory Agency (BPKP) of Bali Province in preventing corruption cases in the customary villages. The article applies empirical legal research, which involves collecting primary and secondary data and analyzing them using statutory, factual, and legal concept analysis approaches. The research suggests that fraud and corruption cases in customary villages cause a loss of government funds, harming the financial management of Village Credit Institutions (LPD), and involving the misuse of power. The provincial regulation authorizes DPMA to address this issue by monitoring how customary villages use the Bali Province Government grants. This paper then argues that the DPMA’s role would be more effective if it adopted a more formal collaboration with the Representative BPKP in Bali Province through various joint programs that support the comprehensive efforts to prevent corruption in customary villages in Bali.
Questioning Sustainable Environmental Policies and Practices in Indonesia: Would Durkheim’s Structural Functionalism Theory Have a Relevance? I Made Marta Wijaya; Agus Sudaryanto
Udayana Journal of Law and Culture Vol 8 No 2 (2024)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2024.v08.i02.p03

Abstract

Indonesia, as a signatory to the UNFCCC and the Paris Agreement, is committed to reducing greenhouse gas (GHG) emissions. These commitments, outlined in Law Number 16 of 2016, include limiting global temperature rise, setting Nationally Determined Contributions (NDC) targets, and developing a long-term strategy for net zero emissions by 2050. To meet these obligations, the Indonesian government has introduced Carbon Economic Value (CEV) policies through Presidential Regulation Number 98 of 2021. These policies aim to reduce GHG emissions by implementing carbon pricing mechanisms such as carbon trading, levies, and performance-based payments. However, the implementation of CEV policies has faced various reactions, including criticism and resistance. Despite these challenges, it's imperative not to hinder the policy's implementation, given its potential to drive significant societal and lifestyle changes towards a greener future. This study analyzes Indonesia's progress in reducing GHG emissions through CEV policies. Using normative legal research and qualitative analysis, it explores the positive impacts of these policies, including their alignment with structural functionalism theory. The study highlights that the implementation of CEV policies as an effort to reduce greenhouse gas emissions in Indonesia through carbon trading mechanisms, carbon taxes, and funding partnerships with developed countries aligns with structural functionalism theory according to Emile Durkheim. This is evidenced by the existence of a clear system (legal and governance) in implementing CEV policies, including regulators (Government), implementers (SOEs, private sector, and society), supervisors (UNFCCC), and program donors (World Bank, IMF), where each entity cooperates in an organized manner in accordance with the provisions of the Paris Agreement 2015 and Presidential Regulation 98 of 2021 continuously according to their respective tasks. This policy also brings about functional social change by promoting a harmonious balance to shift dependence away from fossil fuels towards more environmentally friendly Renewable Energy sources.
Imposing Corporate Death Penalty in Indonesia: A Discourse on Penalisation, Corporate Culture, and Deferred Prosecution Agreement Alfons Zakaria; Abdul Madjid; Bambang Sugiri; Sihabudin Sihabudin; Fareed Mohd Hassan
Udayana Journal of Law and Culture Vol 8 No 2 (2024)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2024.v08.i02.p04

Abstract

The Indonesian Penal Code 2023 regulates corporate criminal liability. It covers various issues, including the actions of a corporation that amount to corporate crimes, the conditions under which a corporation can be held criminally responsible, who can be held accountable, and the types of criminal sanctions imposed on corporations. The primary criminal sanction is the imposition of fines. However, several types of additional punishments may also be imposed, including dissolution of the corporation or, in other words, the “corporate death penalty”, which leads to a permanent termination of the corporation's operations, loss of jobs for employees, termination of production, and stoppage of tax payments to the government. Thus, if imposed without caution, corporate death penalty will negatively impact the state and society. This article analyses the effect of corporate death penalty on the society and highlights the need for judges to exercise caution before dissolving a corporation. The study applies normative legal research with the statutory and comparative approach. Primary and secondary legal materials were analysed. This article argues against the imposition of corporate death penalty in Indonesia for three reasons. First, Indonesia does not have sentencing guidelines for corporations. Second, Indonesia has not developed a Deferred Prosecution Agreement (DPA) mechanism yet, which is an obstacle to developing a better corporate culture. Third, corporate death penalty has harmful impacts on a country's economy and public welfare; among others, it increases the unemployment rate, which impacts social life.
Spotlighting the Neglect of Balinese Women's and Children's Rights in Custody Court Decisions Dewi Bunga; I Nyoman Yoga Segara; Desyanti Suka Asih K. Tus
Udayana Journal of Law and Culture Vol 8 No 2 (2024)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2024.v08.i02.p05

Abstract

The Balinese society adheres to a patrilineal kinship system in which men are considered the successors of the lineage. This system often serves as the rationale for awarding child custody to fathers in divorce cases, frequently disregarding the rights of the mother and the best interests of the child. This study examines the implications of the patrilineal kinship system on divorce proceedings, the criteria used by judges in child custody decisions among the Balinese, and the potential for reconstructing child custody arrangements to prioritize the child's best interests. It is a legal research that examines the normative issues regarding child custody in a patrilineal society with a gender perspective. This paper suggests that decisions regarding child custody should refer to the child's best interests principle and gender responsiveness. In the event of a divorce, a wife is typically returned to her parents by her husband's extended family, a process known as “mulih deha”, which effectively reverts her to the status of a girl, implying she has no children and does not retain any marital property. Societal culture holds that a child is considered secure in the father's household, even if the paternal grandparents provide care. This entrenched belief system discourages Balinese women from pursuing child custody. A co-parenting model, allowing both parents to remain actively involved, can help reconstruct child custody arrangements to serve the child's best interests better.

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