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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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Measuring Corruption Tendency in Exercising Authority of the Proxy of Budget User: A Legal Culture Perspective I Made Sudarsana; AAA Ngurah Sri Rahayu Gorda
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.p04

Abstract

Presidential Regulation No. 12 of 2021 on the Amendment to Presidential Regulation No. 16 of 2018 on Government Procurement (PR 12/2021) expands the authority for the Proxy of Budget User (PBU) to become Commitment Making Officer. Consequently, the process of procuring government goods/services is controlled by a single person; such a condition can facilitate various forms of criminal acts, especially corruption. This study aims to analyze the dual position of PBU as a Commitment Making Officer, the tendency of corruption due to the expansion of PBU’s authority, and the reformulation of PBU’s authority in the future. It is normative juridical research that examines PR 12/2021 with a qualitative analysis approach. Amendment to the Presidential Regulation on Government Procurement includes the legitimacy of PBU as a Commitment Making Officer without any requirements as stated in the previous regulation. Among others, this study underlines that centralized authority will have implications for a more robust culture of corruption due to the absence of control from other parties. In future provisions, PBU may not hold a concurrent position as Commitment Making Officer in accordance with the principles of transparency and accountability. The culture of professionalism in the procurement of government goods/services needs to be improved to reduce the culture of corruption, collusion, and nepotism.
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.
Legal Empowering the Saniri: A Pillar of Harmony in Post-Conflict Ambon Yustina Trihoni Nalesti Dewi; Andreas Pandiangan; Jonathan Kwik; Tonny Donald Pariela; Aholiab Watloly; Abidin Wakano; Andreas Ryan Sanjaya
Udayana Journal of Law and Culture Vol 8 No 1 (2024)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2024.v08.i01.p03

Abstract

Due to the lasting impact of the previous authoritarian system, decentralization has yet to reinstate Ambon's customary law-based governance model fully. However, it was formally acknowledged by the national and Ambon City's regional legislation. This article examines the need to empower Saniri, a quasi-governmental body in a traditional village with close ties to underprivileged groups, in conflict resolution services in Ambon. Data was collected through a literature study of historical sources from the nineteenth century and then analyzed based on qualitative field research. Extensive interviews were conducted based on snowball and purposive samplings. Results from the field study were subsequently discovered and deliberated through Focus Group Discussions. It suggests that the current political landscape is permissive to empower Saniri in conflict resolution mechanisms. Therefore, the legal and political efforts must be sufficient to accommodate Saniri's character and support its contribution to post-conflict reconciliation. More attention is required to empower Saniri legally and politically in a manner consistent with its nature to maximize its role as a harmonizing medium.
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.
Forming Legal Culture in Customary Forest Management: Local Wisdom Approach of Customary Law Communities I Gusti Agung Mas Rwa Jayantiari; I Gst Pt Bagus Suka Arjawa; Leonito Rebeiro; Joanne Audrey Paquita
Udayana Journal of Law and Culture Vol 8 No 1 (2024)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2024.v08.i01.p04

Abstract

Customary law communities in Indonesia firmly attach to customary forests in their territory. For generations, they have preserved and managed customary forests according to customary rules, either written or unwritten, that reflect local wisdom. This article aims to analyze customary law communities' local wisdom approach in forest management to realize legal compliance that reflects legal culture. It assesses local wisdom as the essential form of legal culture in customary forest management and scrutinizes efforts to strengthen local wisdom in forest management arrangements. This article reflects a socio-legal method that explores relevant statutory regulations and their implementation in society. The research and analysis suggest that the legal culture of customary law communities takes the form of compliance in managing forests due to the local wisdom they have internalized from generation to generation. Local wisdom in various regions in Indonesia is integrated with local rules that align with the function of customary law to create social order. It has also been found that several regional governments in Indonesia have made an effort to strengthen local wisdom. The regional government's recognition of the status of customary law communities as the actors in customary forest management has legitimated the local wisdom in protecting customary forests.
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.
Comprehensive and Measurable Environmental Monitoring: A Comparison of Indonesian and Danish Concepts Annisa Fianni Sisma; Rahayu Subekti
Udayana Journal of Law and Culture Vol 8 No 1 (2024)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2024.v08.i01.p05

Abstract

Supervision is one of Indonesia's efforts to protect the environment, but its regulation still needs improvement. The reason is that the regulation does not cover broad authority for the Technical Authority, a comprehensive and measurable supervision scheme. Regulations regarding this matter significantly affect entrepreneurs' compliance levels to prevent or even increase environmental violations. Therefore, the regulation can be improved by studying it from Denmark. This study aims to provide an overview of environmental monitoring in Denmark to be used as a reference for regulatory changes in Indonesia. More comprehensive and participatory supervision regulations can significantly reduce environmental pollution and/or damage cases. This research is normative research with statutory and comparative approaches. The study suggests that several provisions in Denmark can be adopted, namely the extent of the authority of Danish Supervisory Officials starting from location, raw materials, and equipment used to product distribution and intervention against companies, stricter sanctions, and ensnare environmental violators, the authority to obtain personal information from other institutions, an excellent vertical integration system, and Supervisory Officials according to the number and background.
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.
Legal Accountability and Ethical Considerations for Outcomes Driven by Artificial Intelligence in Business Operations Matthias Holzhausen
Udayana Journal of Law and Culture Vol 8 No 1 (2024)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2024.v08.i01.p01

Abstract

This paper critically examines the integration of Artificial Intelligence (AI) into business operations, focusing on the challenges of legal accountability and ethical considerations. It first traces the development of AI and its transformative impact on commerce, providing a basis for examining the key ethical and responsibility challenges. The paper presents research findings that highlight the complexity of assigning responsibility for AI-generated outcomes and discusses the different approaches in national and international legal frameworks for AI. It emphasizes the need for clear legal structures and ethical guidelines to govern the role of AI in business and society. The paper concludes by highlighting the importance of harmonized global frameworks to ensure the responsible integration of AI, addressing both theoretical and policy implications. The findings point to a significant shift in legal trends and societal impacts due to AI and emphasize the urgent need for ethical deployment to prevent the reinforcement of societal biases.
Freedom of Expression on Social Media in Indonesia: Why are the limitations imposed? I Gede Pasek Eka Wisanjaya; Putri Bella Rosy Widodo
Udayana Journal of Law and Culture Vol 8 No 1 (2024)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2024.v08.i01.p06

Abstract

As part of the fundamental human rights, the right to freedom of expression is neither absolute nor unlimited; there are limitations on exercising this right in the context of the democratic rule of law. Presently, the exercise of the right to freedom of expression in social media has been misused by the emergence of fake news or information (hoaxes). The limitations to exercising the right, as stipulated under the Indonesian national laws such as the 1945 Constitution of the Republic of Indonesia, Law No. 12 of 2005 concerning the Ratification of the International Covenant on Civil and Political Rights, Law No. 39 of 1999 concerning Human Rights, and Law No. 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning Information and Electronic Transactions, are aimed at respecting and protecting the dignity of individuals or other people and protecting the public interest and national security. This article aims to discuss the impact of entities outside Indonesian sovereignty on implementing legal norms limiting the exercise of the right to freedom of expression in social media and the implementation of the norms under Indonesian national law. The method used is normative legal research using a statutory, case, and fact approach. The analysis shows that limitations on exercising the right to freedom of expression on social media under Indonesia’s national sovereignty have not been efficient due to the entities of social media platforms outside the territory of Indonesia, which may not be entirely located or subject to the scope of national jurisdiction.

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