Udayana Journal of Law and Culture
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.
Articles
82 Documents
<![CDATA[“Girls Just Wanna Have Fun(damental) Human Rights:” How the Women’s Convention and Belgium combat Gender Stereotypes ]]>
<![CDATA[Bo Minou Beintema]]>
<![CDATA[ Udayana Journal of Law and Culture Vol 4 No 1 (2020): Contextualizing Social Issues ]]>
Publisher : <![CDATA[Faculty of law Udayana University ]]>
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DOI: 10.24843/UJLC.2020.v04.i01.p01
<![CDATA[To put it simply, the purpose of the Women’s Convention is to end discrimination on the basis of sex. The inclusion of Article 5, paragraph (a), which focuses on fixed gender roles that get in the way of that goal, provides one of the ways in which they aim to do so. State parties cannot hide behind their respective traditions or customs as to why the realisation of International Human Rights ultimately depends on gender. A question that arises is what does this mean for States in terms of concrete obligations. This article aims to provide an answer to that question by exploring Article 5 (a) and the notion of extra-legal measures, in particular. Equally, it will take a closer look at how one of the State parties, namely Belgium, is doing in this regard both in theory as in practice. By conducting literary research it becomes apparent that State parties have to adopt national laws and/or instruments. Furthermore, they have to incorporate extra-legal measures as well. Meaning, they should incorporate measures to influence the mindsets of people regarding gender equality through means such as education, the media and public information projects, for instance. Although Belgium continues to struggle with effective implementation of its laws and policies due to its inherent complex institutional structure. It can still be said that its well on its way to combat gender inequality in light of Article 5 (a). Ultimately, Article 5 (a) brings meaning to every right in the Women’s Convention. Considering, that it is only when gender equality is reached both before the law and in practice that women will be able to enjoy Human Rights.]]>
<![CDATA[What Indonesia Should Learn from China's Social Credit System?: Measuring Government Authorities and Citizen’s Privacy Rights ]]>
<![CDATA[Cokorda Istri Chandra Devi Padmananda]]>;
<![CDATA[I Nyoman Suyatna]]>
<![CDATA[ Udayana Journal of Law and Culture Vol 4 No 1 (2020): Contextualizing Social Issues ]]>
Publisher : <![CDATA[Faculty of law Udayana University ]]>
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DOI: 10.24843/UJLC.2020.v04.i01.p06
<![CDATA[China's Social Credit System (CSC) is a reputation system adopted by the Government of the Peoples’ Republic of China that establish a mechanism of rewarding and imposing punishment to its citizen, by taking into account the behavioral performance and compliance to the law and regulation. This article aimed to reviews the concept and the scope of implementation of China’s SCS and to analyze the possibility of the Indonesian Government to adopt it into Indonesia’s legal system and legal culture. This article reflects a doctrinal legal research that collects primary and secondary sources and uses statutory, comparative, and analytical approaches. This article found that SCS basically aims at creating a comprehensive data based-system to improve the citizen's behavior based on the scoring system that entails rewards and sanctions. The widely accepted of this system by the citizen of PRC, however, does not correspond to a remaining legal issue about the lack of protection of privacy rights, particularly regarding the naming and shaming of a blacklisted person. This article suggests that Indonesia may adopt some China’s SCS aspects, including the basic idea of the upgrading of the standard of citizen behavior, the establishment of a comprehensive system that integrating all data, and partial adoption of the data analysis. However, it seems that the naming and shaming for blacklisted persons do not relevant to be adopted by the Indonesian government in the near future, in a consideration of the legal culture in Indonesia and the communal life of the Indonesian peoples.]]>
<![CDATA[Reparating Women’s Rights Violation Within Aceh Truth and Reconciliation Commission (TRC) ]]>
<![CDATA[M.Yakub Aiyub Kadir]]>;
<![CDATA[Firmanila Firmanila]]>
<![CDATA[ Udayana Journal of Law and Culture Vol 4 No 1 (2020): Contextualizing Social Issues ]]>
Publisher : <![CDATA[Faculty of law Udayana University ]]>
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DOI: 10.24843/UJLC.2020.v04.i01.p02
<![CDATA[The establishment of Aceh TRC is based on the 2005 peace agreement between the Indonesian Government and the Free Aceh Movement (GAM), which then regulated under Act No. 11 year 2006 on Governing of Aceh, and was manifested through the Aceh Qanun No. 17 year 2013 on Aceh TRC. Three years later, the commissioner of Aceh TRC was chosen and inaugurated by Aceh House of Representative on July 2016. This paper investigates Aceh TRC and its progress in fulfilling the rights of women as the victim of Aceh’s conflict, challenges and some recommendation for better implementation of TRC. Using a normative and empirical research, this paper found that Aceh TRC is an institution to uncover the truth of the past human rights violations, to achieve reconciliation and to recommend a comprehensive reparation. Currently (May 2019), Aceh TRC is collecting data to achieve the first goal that is uncovering the truth, while the rights of women as victim in Aceh’s conflict is remain alienated. It is recommended that Aceh TRC should implement the urgent reparations as soon as possible considering the condition of the women’s victim and their rights, and also for the central and provincial government to be supportive in terms of financial and moral support.]]>
<![CDATA[The Implications of Village Regulation toward the Dualism of Local Leadership Dynamics ]]>
<![CDATA[I Nyoman Subanda]]>;
<![CDATA[I Nyoman Budiana]]>;
<![CDATA[A.A.Ngr Eddy Supriyadinata Gorda]]>
<![CDATA[ Udayana Journal of Law and Culture Vol 4 No 1 (2020): Contextualizing Social Issues ]]>
Publisher : <![CDATA[Faculty of law Udayana University ]]>
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DOI: 10.24843/UJLC.2020.v04.i01.p03
<![CDATA[The transformation of local leadership in Bali has implications for the emergence of various phenomena of the relationship of desa dinas (the official administrative village) and desa adat (the customary village) which both have autonomous rights. The authority of desa adat and desa dinas coincides with each other. With these conditions, various potential conflicts, poor communication patterns, and overlapping authority are very likely to occur at the local level. In this study, several issues will be discussed, namely: What is the model and process of transformation in local leadership especially in desa adat in Bali? What is the process and form of negaranisasi in local leadership especially in desa adat in Bali? What are the competencies and roles of local leaders in the local leadership process in Bali? What are the roots, the causes and solutions in handling horizontal conflicts in local leadership in Bali? Data were collected by interview, documentation and focus group discussion method to obtain sufficient data variance and validity. Furthermore, the data were analyzed qualitatively using interactive models from Miles and Huberman. The results of the study can be described, that the synergy of two (2) types of local leadership is needed. The capacity and competence of village officials and prajuru adat (customary officials) are obliged to be enhanced, strengthened and empowered, so that they are able to adapt in handling various problems that arise in rural communities in the era of modernization and globalization. For this reason, it is needed to build a synergic relationship model and leadership coordination system between desa dinas and desa adat, a model for developing the capacity and competency of village officials and prajuru adat, and developing a model for handling conflicts that have increasingly intense.]]>
<![CDATA[Interest Dispute Settlement Related to Workers’ Health Care Security in Indonesia ]]>
<![CDATA[Dewa Nyoman Rai Asmara Putra]]>;
<![CDATA[Kadek Agus Sudiarawan]]>;
<![CDATA[Ari Mahartha]]>
<![CDATA[ Udayana Journal of Law and Culture Vol 4 No 1 (2020): Contextualizing Social Issues ]]>
Publisher : <![CDATA[Faculty of law Udayana University ]]>
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DOI: 10.24843/UJLC.2020.v04.i01.p04
<![CDATA[The enactment of Law Number 24 of 2011 concerning the Social Security Organizing Body (BPJS Law) has legal implications especially for employers and workers before the enactment of the BPJS Law, the Parties had already agreed that Private Health Insurance as an organizer of workers' health insurance on Collective Labor Agreement (CLA). This condition provides a possibility for the emergence of conflicts of interest. The problem raised in this legal research is how is the regulation concerning the employers' obligations in the health insurance of workers after the enactment of the BPJS Law; what are the legal implications if the CLA in the company before the enactment of BPJS Law has implemented the scheme of Health Insurance for Workers through Private Insurance; and how the legal steps that can be taken in resolving disputes arising related to this matter. This study uses normative legal research methods with a statute approach and a case approach. The result of this research shows that after the enactment of BPJS law, the Employer is obliged to register all of the Workers to BPJS membership as the national provider of health care security system. In terms of double coverage of Workers’ health insurance which impacted the company, the parties could negotiate to amend the CLA based on mutual agreement and good faith. In terms of an interest dispute in implementing the CLA about workers’ health insurance is happening in the future, legal actions that can be taken accordance with the provisions of the Industrial Relations Disputes Settlement Law are bipartite, tripartite disputes settlement through mediation, conciliation, arbitration, and submit a lawsuit to Industrial Relations Court]]>
<![CDATA[The Citizens’ Constitutional Rights Regarding Habitable and Wholesome Environment: Towards a Law State that Protects the Environment ]]>
<![CDATA[Nyoman Satyayudha Dananjaya]]>;
<![CDATA[Fuchikawa Kazuhiko]]>
<![CDATA[ Udayana Journal of Law and Culture Vol 4 No 1 (2020): Contextualizing Social Issues ]]>
Publisher : <![CDATA[Faculty of law Udayana University ]]>
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DOI: 10.24843/UJLC.2020.v04.i01.p05
<![CDATA[This paper aims to examine the protection of the environment in Indonesia which is part of the realization of a law state that guarantees the constitutional rights of its citizens. It is a legal research that reviews Indonesian constitutional and statutory provisions, besides adding a comparative perspective from a Japanese Constitution and legal system. It is found that the concept of a law state in Indonesia does not specifically follow the concept of a law state like what is meant in “rechtsstaat” or “the rule of law”. It has peculiar characteristics which indeed seem to adopt the noble values ??of those two concepts which clearly confesses in the constitution along with the elements and characters stated in it. One of the most prominent characteristics of a law state is the recognition and protection of human rights. In the Indonesian Constitution 1945, human rights as the fundamental rights of human beings have been arranged and compiled which is legally legitimized become constitutional rights. Among human rights, rights related to the environment include essential rights in array of international human rights formulations. Article 28 letter H of the Indonesian Constitution 1945 expressly states the rights to habitable and wholesome environment for citizen. The protection form can be a normative arrangement in the constitution or in a formal juridical through legislation. Protection of citizens' constitutional rights related to the environment is faced with due process of environmental protection that requires consistency in order to achieve the intention and direction of the Indonesian law state itself.]]>
<![CDATA[Establishing a Regional-Owned Limited Liability Company: Would it Support an Integrated Tourism Management in Bali? ]]>
<![CDATA[Luh Ayu Nadira Saraswati]]>;
<![CDATA[Anak Agung Gede Duwira Hadi Santosa]]>
<![CDATA[ Udayana Journal of Law and Culture Vol 5 No 1 (2021) ]]>
Publisher : <![CDATA[Faculty of law Udayana University ]]>
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DOI: 10.24843/UJLC.2021.v05.i01.p04
<![CDATA[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.]]>
<![CDATA[The Application of Equity in Brazilian Court Decisions during the Covid-19 Pandemic: Are there any Obstacles? ]]>
<![CDATA[Anna Lucia Berardinelli]]>
<![CDATA[ Udayana Journal of Law and Culture Vol 4 No 2 (2020) ]]>
Publisher : <![CDATA[Faculty of law Udayana University ]]>
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DOI: 10.24843/UJLC.2020.v04.i02.p04
<![CDATA[Brazil follows the precepts of the Civil Law system that leaving only limited space for equity. The ongoing pandemic spread crisis and uncertainty worldwide, and there is not enough time for legislators to fill the gaps. Even the already existing legal provisions were designed to cope with unexpected situations, they might be inappropriate in such an unprecedented situation, where everyday contracts are cancelled, obligations are defaulted, companies are bankrupt, and individual rights are mitigated. Courts in Civil Law countries usually do not allow to ground their decisions exclusively on equity powers. This article aims to discuss and propose how the use of evaluative equity in judicial decisions could be the path in the search for the realization of justice, through not only its integrative function but also in an evaluative way, ensure justice in the concrete case. This article concludes that equity is an essential tool for achieving a fair decision and the demands for the common good.]]>
<![CDATA[Strengthening Regulations In Protecting Indonesian Migrant Workers Before Departing to the Destination Country ]]>
<![CDATA[Rifqon Khairazi]]>
<![CDATA[ Udayana Journal of Law and Culture Vol 5 No 1 (2021) ]]>
Publisher : <![CDATA[Faculty of law Udayana University ]]>
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DOI: 10.24843/UJLC.2021.v05.i01.p03
<![CDATA[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.]]>
<![CDATA[Do Indonesian Laws and Policies on Covid-19 Countermeasures Action Reflect Legality? ]]>
<![CDATA[I Made Arya Utama]]>
<![CDATA[ Udayana Journal of Law and Culture Vol 4 No 2 (2020) ]]>
Publisher : <![CDATA[Faculty of law Udayana University ]]>
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DOI: 10.24843/UJLC.2020.v04.i02.p05
<![CDATA[Every citizen has the right to access the resources and health facilities, social security, health services, as well as attaining the highest degree of health. At the present, Covid-19 has become a global pandemic and has been declared a non-natural disaster, which could potentially be related to the citizen’s right to health as regulated with statutory law. This article analyses the dynamics that reflect the legality of national statutory law in the response Covid-19 in Indonesia. This article is based on normative legal research using a statutory approach and conceptual approach. The study found that the right to health has properly been regulated in the Constitution as well as human rights and health-related legislations, reflecting the presence of the state to interfere with the health problems of its citizens. Besides, this study suggests that legal culture, as a component of legal system theory, remains an issue in the efforts of handling the pandemic. There is still a part of the society that is not able to readily and consciously participate and involve in the response to Covid-19 in Indonesia.]]>
