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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 82 Documents
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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.
Wage Standards for Abdi Dalem of Kotagede Royal Cemetery and Cultural Meaning of Voluntarism and Dedication Fithriatus Shalihah
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.p02

Abstract

Yogyakarta's special status was recognized long before Indonesia's independence as a cultural heritage site. One of the privileges of Yogyakarta is that it maintains its cultural legitimacy amidst increasingly modern developments. This paper aims to discuss whether (or not) the practice of waging for abdi dalem at the Kotagede Royal Cemetery is compatible with Indonesian Employment Law. It applies empirical legal research, which collects primary and secondary data sources. It suggests that abdi dalem, who works at the Kotagede Royal Cemetery, receives kekucah (wages) below the minimum standard according to regional regulations. However, the serat kekancingan, a decree issued by the Yogyakarta Sultanate that explains the status of abdi dalem, must not be interpreted as conflicting with Indonesian employment law, particularly regulations determining the minimum wages. This research also found that abdi dalem tends not to protest this status quo because they uphold a live philosophy of Nrimo ing pandum. Therefore, abdi dalem accepts all tasks assigned sincerely by the Sultan without expecting anything in return. They firmly believe that serving at the Kotagede Royal Cemetery will bring abundant blessings and peace from God through the Sultan.

Page 9 of 9 | Total Record : 82

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