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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 82 Documents
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Rebalancing Religious Policy and the Concept of Public Sphere: Indonesia Cases Petrus Richard Sianturi; Josua Navirio Pardede; Septian Dwi Riadi
Udayana Journal of Law and Culture Vol 5 No 2 (2021)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2021.v05.i02.p02

Abstract

As the largest Muslim country, Indonesia is on the way to balancing the order of its people, their religious practice, and how these two are influencing the public sphere. There is an existing regulation called Anti-Blasphemy Law which contains any rule to guarantee that religion and the public sphere do not contradict from one to another. Related to it, this research found that in this digital era with an advanced development on technology, some factors potentially create any form of manipulation on religion which comprises religion itself, social dynamic, and legal instrument. This form of manipulation has also triggered the advancement of the interdependency discourse on religion and the public sphere. In the context of Indonesia, by its characteristic, to separate religion and the public sphere will only create other problems among religious people. Using normative legal research, this paper aims to look at the relevance of the Anti-Blasphemy Law to the socio-structural conditions of Indonesian society. In this research, it is argued that religion and the public sphere (state) should be placed through a form of functional differentiation concept, and found that there is an interdependent relationship between religion and the public sphere, nevertheless, Anti-Blasphemy Law failed to create and maintain this relation. Hence, legal reform on the Anti-Blasphemy Law has become a necessity in ensuring a balanced and harmonious (state) religious life.
Protection of Migrant Workers in Suriname: How do Indonesian Representatives Implement International Labour Organization Conventions? Lutecia Zahra Maharani Wibisono; Diani Sadiawati
Udayana Journal of Law and Culture Vol 5 No 2 (2021)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2021.v05.i02.p03

Abstract

In June 2020, sixteen Indonesian migrant workers (IMW) who worked as fishing boat crew in a Surinamese company fled to the Indonesian Embassy in Paramaribo, Suriname to acquire protection and assistance. They revealed that the company had failed to uphold their rights, committed inhuman treatment, and resulted in numerous losses. The embassy then immediately exercised a consular function to protect their safety and tried to facilitate the demands of those sailors to relevant parties and local authorities. The article aims to analyze the role of Indonesian representatives to protect the rights of Indonesian migrant workers in Suriname based on the International Labour (ILO) conventions. It is juridical empirical research that was conducted through visiting and field research to the Indonesian Embassy in Suriname in November 2020. The research suggested that Indonesian representatives in Suriname have played a significant role in advocating the IMW rights through all possible means, including mediation, negotiation, and diplomatic channels. In addition, there is a need to create a Memorandum of Understanding between Indonesia and Suriname to ensuring proper protection for migrant workers.
Human Rights of Migrants: From Desert Migration to Resettlement Nnawulezi Uche; Adeuti Bosede Remilekun
Udayana Journal of Law and Culture Vol 5 No 2 (2021)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2021.v05.i02.p04

Abstract

The issue of desert migration has remained an intractable problem in the context of human rights. Desert migration raises unabated and a major concern because of the problems that come with it. Illegal migration has highlighted the need for and the challenge of having a proper human rights impact assessment of desert migration which will help in providing a suitable legal framework. This article primarily seeks certain protections accorded to migrants on desert migration and identifies problems associated with desert migration and the states of stranded migrants under human rights law. It is written by using a doctrinal legal research methodology that adopts analytical and qualitative approaches and builds its argument on existing literature which is achieved by synthesis of ideas. This article noted that there is a significant protection gap in the international and regional human rights architecture which oftentimes result in inadequate protection of migrants from human rights violation. It is argued that in order to guarantee a robust protection of migrant's rights outside their place of origin, a more integral response to critical human rights and development challenges is capable of addressing the protection gap. Furthermore, the article demonstrated that adopting a new approach with comprehensive instruments on migrant's rights protection and resettlement will be able to eradicate unabated violations of migrant's rights around the globe.
Community Legal Awareness and Customary Sanction to Prevent Littering: How Penglipuran Village in Bali Makes Efforts?” Ida Bagus Sudarma Putra
Udayana Journal of Law and Culture Vol 6 No 1 (2022)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2022.v06.i01.p02

Abstract

Penglipuran is a customary village in Bali that traditionally imposes a customary sanction for villagers who litter waste in the territory of the village in the form of holding a prayascita ceremony. This article aims to analyze the existence of prayascita customary sanctions in Penglipuran Village, the efforts to overcome littering in the village territory, and the implications of such sanctions on the legal awareness of the community. This paper combines a religious based-research in social-humanities and empirical juridical research that analyzes data and legal sources in descriptive, qualitative, and systematic methods. This research revealed that prayascita customary sanction is imposed on anyone who is decided guilty for littering in a village meeting, entails that he/she has to hold a prayascita ceremony that takes place in the village’s catus pata (crossroad). The efforts of Penglipuran Village to tackle littering problems are overseeing and maintaining the sanctity, sustainability, cleanliness, and orderliness of the area of ??the village. The programs and facilities that are implemented to control littering practice in this article can be divided into preventive and repressive measures. In terms of legal awareness, the village community has generally obeyed the customary rules. It is proven by the absence of people who have been imposed prayascita customary sanctions. It may be assessed that village members have a high community legal awareness to sort waste and put it in the rubbish bin. Therefore, the sanction to hold a prayascita ceremony has never happened until now. This indicates that a clean living culture has been well internalized by the community.
Protection for the Rights and Interests of Local Communities Adversely Affected by Multinational Energy Companies’ Activities Putu Purwaningsih
Udayana Journal of Law and Culture Vol 6 No 1 (2022)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2022.v06.i01.p01

Abstract

Foreign investments of Multinational Corporations (MNCs) bring several advantages for the host states where they operate. In the case of foreign investment in the energy sector, the business activities of MNCs have an impact on social and environmental issues that adversely affect the right and interests of the local communities. In terms of addressing such problems, some binding and non-binding international legal instruments were established and adopted by states and international organizations/bodies. This article discusses the sufficiency of the protection provided by international law for the local communities adversely affected by MNCs in the energy sector especially with regards to human rights, environmental, and anti-corruption matters. This article argues that protection of the rights and interests of local communities from the activities of MNCs are developed through an international legal framework, both general and bilateral treaties, as well as the national law of host States.
Peaceful Utilization of Transboundary Reservoir in Continental Shelf of Ambalat Gede Khrisna Kharismawan; I Gede Pasek Eka Wisanjaya
Udayana Journal of Law and Culture Vol 6 No 1 (2022)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2022.v06.i01.p06

Abstract

Maritime boundaries between Indonesia and Malaysia in Ambalat have not been settled yet. This block is located on a continental shelf that is rich in transboundary reservoirs of hydrocarbons such as oil and gas. Malaysia as a coastal state wants to apply archipelagic state’s boundary, whereas Indonesia as an archipelagic state has applied for an extension of its continental shelf to the United Nations. Therefore, there is still unsettling business to be done in this area to fully utilize transboundary reservoirs in peace. This article aims to seek for way of solving the recurring conflict and utilizing transboundary reservoir in peaceful manner. This article is formulated using normative legal research based on statute, case, and conceptual approaches. This article concludes that differences between states on setting its boundaries is based on interpretation and is driven by economic value of resources, while there is opportunity to peacefully utilize transboundary reservoir by means of joint development based on international practices.
Prison Overcrowding: Alternative Sentencing in Indonesia’s Draft Criminal Code and Its Consequences on Correctional System Nadia Utami Larasati; Fahlesa Munabari; Untung Sumarwan
Udayana Journal of Law and Culture Vol 6 No 1 (2022)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2021.v06.i01.p03

Abstract

Imprisonment is often the most preferred choice of punishment in the eyes of law enforcement officers. As a result, prison overcrowding is inevitable and leads to the emergence of various problems in prisons. The discourse of alternative sentencing has recently gained increasing prominence in the Indonesian public with a view to addressing such problems amid the ongoing review of the Draft Criminal Code (Rancangan Kitab Undang-Undang Hukum Pidana/ RKUHP). This article aims to analyze alternative sentencing in the form of community service and probation penalties. It discusses the role and strategic measures taken by the Indonesian correctional system related to the performance of community correctional counselors in order to prepare for the implementation of alternative sentencing in the future. Employing a qualitative method, this study shows that alternative sentencing is principally in line with the concept of social reintegration and the philosophy of the current Indonesian Correctional Institution (Lembaga Pemasyarakatan). The correctional system in the country has also begun to take strategic measures to respond to the future implementation of the alternative sentencing in the RKUHP by means of updating the legal framework and improving infrastructure as well as the quality of human resources in accordance with the framework of community-based corrections.
Job Creation Law and Foreign Direct Investment in Tourism in Indonesia: Is It Better than Before? I Gusti Ngurah Parikesit Widiatedja; I Nyoman Suyatna
Udayana Journal of Law and Culture Vol 6 No 1 (2022)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2022.v06.i01.p04

Abstract

Foreign direct investment plays a critical role in a host country's economic development. Tourism, with its distinct character as a service business, is one of the most appealing investment industries. It has made a substantial contribution to the creation of jobs, tax revenue, and domestic value-added. The existence of domestic laws and regulations is critical in determining the extent to which a country's performance in getting benefits from investment can be maximized while reducing the negative impact. This article is aimed to examine whether the newly-enacted Job Creation Law provides a better arrangement on foreign direct investment in tourism compared to the previous laws and regulations. This article employs a normative approach by analyzing relevant laws and regulations concerning foreign direct investment in tourism in Indonesia. By looking at aspects on the choice of business fields, the issuance of business permit, land ownership, and labour, this article contends that Job Creation Law fails to provide integrated and comprehensive arrangements on the existence of foreign direct investment in tourism.
Strategic Development of Indonesia’s Outermost Islands as an Enhancement of National Maritime Defense and Sovereignty Muhammad Dzaki Fadhiil; Arie Afriansyah
Udayana Journal of Law and Culture Vol 6 No 1 (2022)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2022.v06.i01.p05

Abstract

The Republic of Indonesia as an archipelagic country has strategic territorial waters and a wealth of maritime resources. Indonesia's strategic position creates an area that has the outermost islands in the national border area. The outer islands of Indonesia are national natural resources to be utilized for their potential through the development of maritime resources. The huge potential of Indonesia's territory demands the development of the outer islands through economic improvement, investment, and tourism. The responsibility of the state in maximizing the potential of Indonesia's outermost region from a legal perspective is to maximize the determination of maritime boundaries in protecting the nation's sovereignty based on international law and national law. The article aims to analyze the projections of the Indonesian Government on the development of the outermost islands in strengthening maritime sovereignty as a form of anticipating violations of sovereignty. This paper argues that national defense maximizes and complements the implementation of the economy, investment, and tourism. Thus, the problem that arises is how the Indonesian Government's policy towards the development of the outermost islands is based on the aspect of national defense in increasing the economic, investment and tourism potential in the outer islands of Indonesia. The development of the outer islands is a holistic focus of the Indonesian Government in increasing economic potential, investment and tourism and ensuring national sovereignty through increasing national defense.
The Indian Rape Law: Vocabulary of Protest, Reactionary Legislations and Quality of Equality Culture Shruti Bedi
Udayana Journal of Law and Culture Vol 7 No 1 (2023)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2023.v07.i01.p01

Abstract

The problem of violence perpetrated against women in India is not simple. It is embroiled in the historical subjugation of the ‘weaker sex.’ Women have been unable to claim equality in society despite mandatory provisions in the Constitution of India and other legislations in their favour. Despite numerous amendments to the Indian criminal law, rape, one of the most heinous crimes, continues to be committed in India at an alarming rate. The law on Rape in India has undergone three phases of amendments, and all precipitated in the aftermath of public fury on account of brutal and heinous incidents of rape. This paper employs the socio-legal approach to assess the efficacy and impact of these amendments in changing social behaviour. It concludes that though the massive public outrage undoubtedly led to radical amendments, it was a knee-jerk reaction that suffered from legislative ambiguities. The increase in the retributive content of the law ultimately resulted in reduced convictions. Although law is believed to be an instrument of social change, the amendments in the anti-rape legislation have been unable to bring about a positive transformation in the existing cultural inequality.

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