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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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Distinguishing German Residential and Commercial Tenancy Law: Are Tenant and Landlord in an Equal Position? Christin Eissing
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.p02

Abstract

The German housing market, particularly in major cities, is very tight. This situation makes Tenancy Law the issue that has attracted the most attention in local and federal elections. This article presents and illustrates various methods of protecting the individual parties to a lease contract. Besides, it highlights the differences between Residential Tenancy Law and Commercial Tenancy Law and explains why legislation distinguishes between these two types of tenancies. This research establishes arguments and interpretations from relevant laws and regulations, including the German Civil Code and German General Equal Treatment Act, and judicial decisions that clarified the legal relations between tenants and landlords. This article concludes that Tenancy Law in Germany distinguishes in different ways between Residential Tenancy Law and Commercial Tenancy Law from legal, social, and economic perspectives. It also infers that the provisions stipulated in German Tenancy Law protect the tenant's right while remaining attractive for landlords to offer the house(s) for rent.
Towards Quality and Sustainable Tourism in Bali: Should the Regional Master Plan be Adjusted? I Dewa Gede Palguna; Anak Agung Gede Duwira Hadi Santosa; Made Maharta Yasa; I Gede Pasek Pramana
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.p03

Abstract

Bali is the area in Indonesia that is most affected economically due to the paralysis of the tourism industry during the Covid-19 Pandemic. Consequently, tourism development programs designed by the government faced many obstacles in their implementation. This article discusses how the concept of quality and sustainable tourism are incorporated into the Tourism Master Plan of the Bali Province 2015-2029. Further, it evaluates the implementation of the master plan during the Covid-19 Pandemic. This writing is designed based on legal research that applies a policy-oriented approach. The research collected and analyzed primary sources in the form of law, regulation, and policy at the national and regional levels, as well as secondary sources that are available in textbooks, journal articles, and website content. A series of qualitative interviews and a focus group discussion were conducted to deepen understanding of legal and non-legal matters. This article suggested that even though the concept of quality and sustainable tourism has been incorporated into the aforementioned master plan, the document implies a contradiction between the vision that desires to apply the concept and the goals and objectives which tend to support quantity tourism. The qualitative evaluation indicated that the master plan could not be appropriately implemented and requires an adjustment to bring in again the vision into the implementing policy adopted by the provincial government.
Towards Alternative Energy Sources: Is it Time to Switch to Nyamplung? Abdhy Walid Siagian; Muhammad Syammakh Daffa Alghazali
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.p06

Abstract

Nyamplung is one of the six priority non-timber forest products in Indonesia. This type of mangrove has a high yield of oil as a raw material biofuel with a 40-70% higher percentage than other plants, such as oil palm, whose percentage is only 46-54%. This article examines Indonesia's commitment to accelerate the transition to new and renewable energy through biofuels to meet the national electricity supply. In addition, it conducts an economic calculation of nyamplung as alternative energy for biofuels. The writing of this article reflects an economic analysis of law that combines legal analysis based on norms, guidelines, and plans as stipulated in Indonesian laws and regulations and international instruments and economic analysis referring to relevant data and sources. This article concludes that nyamplung may serve as an alternative energy source to fulfill future national energy needs, which aligns with efforts to achieve a sustainable environment. Despite laws and policies on national energy supporting any efforts to complement and substitute current energy sources, the utilization of nyamplung has yet to be optimized as a biofuel.
Legal and Ethical Discourse of Saviour Sibling: How Should Indonesia Respond to this New Trend? RA Antari Innaka; Muhammad Jibril
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.p04

Abstract

Thalassemia major is a genetic condition characterized by an inefficient synthesis of red blood cells which can be cured by bone marrow transplantation surgery. However, getting a matching donor is a challenging task. Therefore, some people have been using the “saviour sibling” procedure wherein a sibling is born to be a donor for their sibling. This procedure, however, has been raising debate, especially concerning bioethics. Indonesia, a country with a high number of people who suffer from such an abnormal genetic condition, needs to be aware of this procedure and its policy framework. This paper conducts a comparative study in identifying and analyzing how saviour sibling is regulated in countries other than Indonesia. Besides, it discusses the legal and ethical implications of saviour sibling procedures in Indonesia. It is a cross-discipline research that combines legal research in the fields of health law, human rights law, and private law and resources from medical science. The analysis is established by using normative, comparative, and ethical approaches. This study found a disparity in the policy framework between countries because such a procedure is in the grey zone between bioethics and technologies. Nevertheless, no rights are violated because the child would live a life of physical and mental well-being. This procedure also plays a critical role in developing medical technology. In bioethics, the saviour sibling procedure begs whether the conceived sibling is just a means to an end, a mere commodity. In Indonesia, the legal framework on health technology involving human subjects is still relatively lax in regulating saviour siblings. Therefore, this study suggests that Indonesia needs to consider the diverse local wisdom as the foundation of its bioethics in regulating saviour sibling in the future.
Addressing Crisis in Myanmar: The Role of NGOs in Promoting International Human Rights Standards Ainna Khairunnisa; M.Yakub Aiyub Kadir; Mahfud Mahfud
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.p05

Abstract

The Rohingya people have been victims of alleged severe human rights violations committed by the Myanmar government. In response to this situation, the United Nations (UN) has adopted some measures, including a United Nations General Assembly Resolution (UNGAR) A/RES/74/246 of 2019 that, inter alia, determines Non-Governmental Organizations (NGOs) as one of the key players in implementing its mandate. In practice, the NGOs' lack of international legal standing resulted in challenges in their operation. This paper examines the legal standing of NGOs' operations under international law. Specifically, it investigates NGOs' contributions to implementing UNGAR 74/246 in dealing with human rights violations in Myanmar. This article is based on legal research that combines library study and field research. The result indicated that Article 71 of the UN Charter needs to clarify the legal standing of NGOs’ operation in the international sphere, mainly to implement international human rights norms. In the context of the crisis in Myanmar, the NGOs have played a role as mandated by the UNGAR, including investigating gross human rights violations, providing gender-based protection and assistance, and assisting Myanmar in providing humanitarian assistance to all internally displaced persons within Rakhine. This paper recommends that all stakeholders cooperate to support the effectiveness of NGOs' contributions and peace-building efforts in Rakhine to achieve justice for all people in Myanmar.
German Environmental Concerns on Carbon Offsetting and Reduction: How it Deals with European and International Rules? Samuel Corbalán Arévalo
Udayana Journal of Law and Culture Vol 7 No 2 (2023)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2023.v07.i02.p05

Abstract

This paper analyzes the international climate protection instrument Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA), which is based on the International Civil Aviation Organization (ICAO) Assembly No. A39-3, and its relation to the European Union Emissions Trading System (EU-ETS) in aviation, which is based on Directive 2008/101/EC. It is still unclear whether or to what extent the already existing EU-ETS in aviation can continue due to CORSIA. Questions regarding the implementation, enforcement and practicability of the climate protection instruments remain. The aim of this paper is to present a comparative analysis of the two climate protection instruments. In particular, to explore the question of the legal relationship between CORSIA and the EU-ETS in aviation as well as the legal compatibility of the two climate protection instruments is essential. It will also explore how the European Union (EU) and especially Germany intends to implement CORSIA in parallel to the EU-ETS in aviation. Germany actively participates in international and European discussions and contributes towards harmonizing the implementation of CORSIA with the EU-ETS, however, implementing CORSIA raises environmental concerns and brings challenges due to conflicting European and international rules. Therefore, this paper explores how Germany manages these conflicts and strives to strike a balance between regional and global approaches to mitigate the environmental impact of aviation. This conceptual paper analyzes relevant international, European, German legal instruments and textbooks, journal articles, academic works, and reports.
Safeguarding Indigenous Rights and Territories: Integrating Dayak Ngaju Wisdom in Peatland Ecosystem Management Sumarni Sumarni; Muhammad Ery Wijaya; Astrid Meilasari Sugiana
Udayana Journal of Law and Culture Vol 7 No 2 (2023)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2023.v07.i02.p01

Abstract

In Indonesia, the legal system heavily favors state ownership of land, leading to the marginalization of Indigenous peoples and their traditional land management practices. The prioritization of economic development over environmental and cultural conservation has resulted in a limited understanding of the value of the peatland ecosystem for Indigenous Dayak communities, leading to inappropriate and ineffective peatland management policies. To address these challenges, this research adopts a descriptive qualitative approach, utilizing a cross-sectional research design that includes in-depth interviews and literature study to gather and analyze data from Indigenous Dayak Ngaju communities in Tumbang Nusa and Pilang villages, Pulang Pisau regency, Central Kalimantan province. The study uncovers that the Indigenous Dayak Ngaju community has established a zonation system for peatland use, comprising separate areas for settlement, farming, and forest protection (Pukung Pahewan). The creation of specific policies for managing sacred areas is crucial to preserving Indigenous values and practices. Moreover, the absence of free, prior, and informed consent in certain policies and programs, such as the Mega Rice project, Food Estate program, and Zero-burning policy, has caused social conflicts within the Indigenous Dayak community, leading to the destruction of their livelihoods. Despite existing laws in Indonesia that acknowledge the rights of Indigenous peoples and safeguard their customary lands, the implementation and enforcement of these laws have proven weak and inconsistent.
Legal Issues Pertaining to High Altitude Platform Station Implementation in Indonesia as an Archipelagic State Yaries Mahardika Putro; Ridha Aditya Nugraha; Taufik Rachmat Nugraha; Rio Christiawan; Aldhanti Bodhihanna; Jason Pratama Ong; Muhammad Revaldi Testarosa
Udayana Journal of Law and Culture Vol 7 No 2 (2023)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2023.v07.i02.p06

Abstract

Information is a necessity for the interests of government, the economy, social culture, as well as defense and security in the era of industrial revolution 4.0. Since 1976, the Indonesian government has been working on developing a satellite communication system starting with the Palapa A1 Satellite, followed by its subsequent generations. However, this system has limitations, particularly in providing coverage to rural areas in Indonesia. To address this issue, the government has started the procurement of the Wahana Dirgantara Super or High-Altitude Platform Station (HAPS) in Indonesia. HAPS are stations positioned at altitudes of 20 to 50 km above the Earth's surface. Given Indonesia's geographical location, HAPS is seen as the most suitable solution as it utilizes non-ground terrestrial technology to improve information and communication technology coverage in rural areas. However, the location on which the HAPS is positioned might trigger new issues, particularly with regard to state sovereignty and disruption of flight traffic. The operation of HAPS also needs further consideration so that the protection of personal data in Indonesia will not be disrupted. This article employs normative juridical research as a methodology. The research collected and analyzed primary sources in the form of law, regulation, and policy at the national and regional levels, as well as secondary sources that are available in textbooks, journal articles, and website content. This article aims to explain the development of HAPS regulations based on international law and national law and to examine the legal issues related to the procurement of HAPS in Indonesia . At the end, this article suggests that it is necessary to regulate HAPS in Indonesia with reference to aviation safety, security, and liability issues as well as maintaining state sovereignty and ensuring personal data protection.
Discourse on the Civil Rights of the Deaf People in Making a Notary Deed Ida Ayu Ratna Kumala; I Ketut Sudantra
Udayana Journal of Law and Culture Vol 7 No 2 (2023)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2023.v07.i02.p02

Abstract

It is generally said that disabled persons do not have proper access to justice and are not treated equally before the law. In Indonesia, the human rights approach has been incorporated into developing laws and policies for disabled persons. However, disabled people still face legal difficulties. This article aims to discuss the legal capacity of a deaf person to perform the legal action of making a deed before a notary in Indonesia from the perspectives of human rights, contracts, and notary laws. It reflects legal research that uses a statutory and conceptual approach. Primary legal materials are obtained from the national laws and regulations of Indonesia and relevant international legal instruments, while secondary legal materials are obtained from books, journal articles, and website content. The findings reveal that Indonesian national law generally recognizes the right of persons with disabilities, including deaf people, to perform civil law actions. In general, deaf people can sign a contract; however, there is no guarantee that they understand the communication process in making a deed. In this context, there are still obstacles related to the lack of sign language interpreters in Indonesia, which can complicate the transferring of information when making notarial deeds between deaf clients, notaries, and witnesses.
Now and Forward: Customer Deposit Insurance of Sharia Bank in Indonesia Nun Harrieti; Azlin Alisa Ahmad; Eidy Sandra; Fatmi Utarie
Udayana Journal of Law and Culture Vol 7 No 2 (2023)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2023.v07.i02.p03

Abstract

Sharia banking's characteristic, which underpins its activities on sharia principles, requires a customer protection mechanism in accordance with its characteristics, including customer deposit insurance. This study aims to determine the readiness of sharia banking regulations on customer deposit insurance in Indonesia to strengthen the protection mechanism for Sharia Banking Customers. This article is a normative juridical research that applies an analytical descriptive approach. The insurance for customer deposits of sharia bank in Indonesia is regulated explicitly in the Regulation of Deposit Insurance Cooperation No. 1 of 2020 concerning the Implementation of Sharia Bank Deposit Insurance and Resolution. The regulation determines that deposit insurance must be carried out through a kafalah contract between the Deposit Insurance Corporation and the Customer. However, it does not yet provide a specific arrangement regarding the protection of deposits on social funds in sharia banking. In the future, it is necessary to have regulations related to deposit insurance for social funds in sharia banking in implementing the social functions of sharia banking, especially as Sharia Financial Institutions-Recipients of Money Waqf and arrangement of Money Waqf Nazhir.

Page 7 of 9 | Total Record : 82

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