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Udayana Journal of Law and Culture
Published by Universitas Udayana
ISSN : -     EISSN : 25490680     DOI : -
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 71 Documents
National Wisdoms and the ASEAN Human Rights Legal Regime Heribertus Jaka Triyana
Udayana Journal of Law and Culture Vol 1 No 1 (2017): Transforming Local Wisdom
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (356.178 KB) | DOI: 10.24843/UJLC.2017.v01.i01.p04

Abstract

Recently, the discourse on the relation between local wisdom and human rights shows its relevance. This article describes and critically examines the human rights norms and procedures with regards to common local wisdoms to remedy and redress human rights problems in South East Asian countries. It takes an example of redressing problem in rights to development and also focuses on the application of the ASEAN agreement on Disaster Management Response to contextualize role and influence of local wisdoms to manage and to mitigate disaster response within the ASEAN human rights protection. This writing also highlights that human rights based approach is needed in the implementation of the ASEAN human rights norms and mechanisms in accordance to local wisdoms of respective countries where disaster occurs. Keywords: Wisdom, ASEAN, Human Rights.
Protecting the Village Credit Institution: Should Traditional Communities Adopt Modern Financial Management Practices? Luh Putu Yeyen Karista Putri; Eric Gordon Withnall
Udayana Journal of Law and Culture Vol 2 No 2 (2018): Encouraging Cultural Approach to Law
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (794.431 KB) | DOI: 10.24843/UJLC.2018.v02.i02.p01

Abstract

A Lembaga Perkreditan Desa (Village Credit Institution or LPD) is a type of financial institution that is associated with a Balinese customary village. LPDs face competing pressures to both maintain their traditional character and align themselves with national standards for financial management. This article establishes the hybrid legal character of LPDs (under Balinese customary law and Indonesian national law) in order to analyse their evident shortcomings, being the vulnerability of some monitoring and protection systems to misappropriation. We rely on normative legal research methods, including statutory analysis and analysis of case studies. We examine the LPD Regulations and Balinese customary law, supplemented by interviews on issues of relevance. We conclude that the recognition of LPDs under the law, given the fundamental basis of the LPD in the customary village, ought to be given primacy to their status under Balinese customary law. However, the monitoring and protection systems of LPDs must be improved and uniform standards must be enforced – otherwise, their customers will simply use other financial institutions. We also conclude that it is possible to improve management practices while respecting the autonomy of customary villages. Therefore, we assert that properly implemented measures will make a direct intervention from government unnecessary.
Comparison and Co-existence: Sources and Purpose of Authority in the Australian, Madayin and Talmudic Legal Systems Claire Powell
Udayana Journal of Law and Culture Vol 1 No 2 (2017): Rights of the Vulnerable Groups
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (704.603 KB) | DOI: 10.24843/UJLC.2017.v01.i02.p04

Abstract

This article will compare Australian, Madayin and Talmudic law in terms of their respective sources and purposes. It will focus on the characterisation of each system to highlight conceptual similarities and differences which affect their operation and, in particular, their commensurability with other systems. Specific areas of law concerned with coexistence are identified as being both crucial and particularly problematic. Notwithstanding Australian government statements and High Court rulings asserting the sovereignty of Australian law, it will be argued that no legal system is self-contained Accommodations are essential and require legislators to grapple with the difficulties of reconciling differing conceptualisations using an informed comparative framework. Talmudic law is considered here as an example of a system which has demonstrated the ability to coexist adaptively with a variety of other systems without compromising its integrity.
Appropriating Public Private Partnership in Senior High School Program: A Socio-Cultural Approach to Policy Making Peter G. Romerosa
Udayana Journal of Law and Culture Vol 2 No 1 (2018): Maintreaming Socio - Cultural Policy
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (719.932 KB) | DOI: 10.24843/UJLC.2018.v02.i01.p03

Abstract

The implementation of the Senior High School program in the Philippines illuminates the State’s response to the changing landscape of the global market economy. Its salient features focus on the additional two year-senior high school program which highlights the development of middle level skills for national development and global competitiveness. In order to concretize the implementation of the program, the State entered into collaboration with the private schools which is commonly known as Public Private Partnership (PPP). In this collaboration, the government provides the guidelines and financing while the private educational institutions provide the academic service. Framed from a socio-cultural approach to policy making in education, this study aimed to unpack a particular implementation of PPP of a private institution in an urban area, examine the institutional policies that were created in response to PPP, and interrogate the impacts of these policies on micro social processes. Using interviews and focus group discussions for methodology, the researcher drew narratives and insights from on-the-ground actors. Further, the investigation looked into how authorized policy actors (school administrators) and nonauthorized policy actors (teachers, parents, and students) are appropriating policies within the operational framework of the PPP in the implementation of the senior high school program. The results demonstrated that multi- layered appropriation and exercise of the agency were explicitly and implicitly deployed in diverse social spaces by actors as a pragmatic and creative response to the new educational arrangement. The paper provides a lens to further develop under-standing on how policy appropriation and production from the local context can inform institutional approaches in facilitating relevant student experience within the realm of PPP in education.
Global Justice: Building International and Supranational Structures on the Basis of Fundamental Rights Edgar Lammertse
Udayana Journal of Law and Culture Vol 1 No 1 (2017): Transforming Local Wisdom
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (352.499 KB) | DOI: 10.24843/UJLC.2017.v01.i01.p05

Abstract

This article is intended to share a few thoughts, notions and questions about regulatory and governmental structures, both national and international, with regard to the development of global justice. It will highlight the issue whether or not local wisdom can contribute to global justice. In addition, this writing will discover legal problems that arise from the idea of global society and global justice by analyzing jurisdictional aspects and by explaining a little bit about dematerialization of crime, as it has been affected by the changing of communities behavior in global contexts after the era of computer and information and communication technology (ICT). Progressive development in Europe, especially regarding the European Union Law, will also be explored in order to describe the respect for fundamental rights in this region. Keywords: Global Justice, International Society, Development, Local Wisdom.
Positioning Adat Law in the Indonesia’s Legal System: Historical Discourse and Current Development on Customary Law Bono Budi Priambodo
Udayana Journal of Law and Culture Vol 2 No 2 (2018): Encouraging Cultural Approach to Law
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (873.684 KB) | DOI: 10.24843/UJLC.2018.v02.i02.p02

Abstract

Adat law has been narrowly understood, mainly as part of private law, in the curricula of Indonesian law schools. This is in contrary to the original intent of adat law, both as an academic and policy discourse, at the first place, which was as an attempt to develop a legal system that is suitable to govern the Netherlands East Indies (NEI) for preventing violation against the indigenous sense of justice. This article seeks to clarify the actual purpose of Adat Law, as it conceived, in the living of traditional community and the relation between adat law and Indonesian state law following the Indonesian independence. Subsequently, this article would explore how constitutional law and administrative laws (staatsrecht) would place “Adat law” under the Indonesian legal system that might be well claimed as an autochthonous law of Indonesia. It is a legal writing that uses historical, statutory, and case approaches. It has been found out that Adat Law scholarship had a pragmatic purpose i.e. to administer justice and govern the NEI colony that reflects a characteristic of public law. The later development showed that the law has shifted its focus into private law fields such as the law of persons, marriage and family laws, property and inheritance laws. Such shifting leads Adat law into an obscured relation between Adat Law and public laws in the era of the post-independence of Indonesia. It can be concluded that under historical inquiry, the Basic Law of 1945 (Indonesian Constitution) has strongly inspired by Adat Law. The same goes for administrative law, which in this case is represented by BAL that governs not only land administration but all kinds of natural resources in Indonesia until nowadays.
The Strategic Role of Lembaga Adat Negeri in the Fulfilment of Victims’ Rights to Reparation in Post-Conflict Ambon Trihoni Nalesti Dewi; Jonathan Kwik; Aholiab Watloly
Udayana Journal of Law and Culture Vol 1 No 2 (2017): Rights of the Vulnerable Groups
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (806.474 KB) | DOI: 10.24843/UJLC.2017.v01.i02.p05

Abstract

This article demonstrates the strategic position of Lembaga Adat Negeri in the fulfilment of the long-neglected right to reparation of victims in post-conflict Ambon. Lembaga Adat Negeri were chosen as the object of analysis due to their close cultural affiliation with the Ambonese society. Due to the important role that Lembaga Adat Negeri play in local Ambonese governance, it is argued that they can assist in absorbing local aspirations and aid the reparation process. The recent enactment of Law No. 6 of 2014 concerning Desa provides Lembaga Adat Negeri with ever greater momentum to spearhead reconciliation based on Ambonese traditional values and contribute to the peaceful transition of the divided people, in particular by way of fulfilling the right to reparation of victims.
Judicial Activism in Brazil”S Constitutional Court?: Studies in the Recognition of Brazilian Indigenous Tenure rights Anna Lucia Berardinelli
Udayana Journal of Law and Culture Vol 1 No 1 (2017): Transforming Local Wisdom
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (404.912 KB) | DOI: 10.24843/UJLC.2017.v01.i01.p01

Abstract

Small part of entire Brazil’s national territory has already been demarcated as indigenous land. Facts reveal that the Natives were killed because of land issues, indicating that land issues and tenure rights are the epicenter of the problem. This article focuses on the cardinal point of Brazilian legal debates: keeping indigenous people’s tenure over the land they have been occupying immemorially. The analysis explores normative aspects on constitutional and legal protection over Brazilian indigenous rights and further scrutinizes the relevant case law that was settled before the Brazil’s Constitutional Court. Keywords: Brazil, Indigenous, Constitution, Court.
Human Rights and the Environmental Protection: The Naïveté in Environmental Culture Made Adhitya Anggriawan Wisadha; Grita Anindarini Widyaningsih
Udayana Journal of Law and Culture Vol 2 No 1 (2018): Maintreaming Socio - Cultural Policy
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (832.12 KB) | DOI: 10.24843/UJLC.2018.v02.i01.p04

Abstract

There are growing trends in the human rights to substantially extend the values to protect the environment or moreover to welcome the ideas of the rights to environment, not to mention the rights of environment. The purpose is to inclusively embrace the environmental problems wherein the humanity challenges posited on, but this agenda may leave a room of doubt how far the human rights body can address the environmental destruction as it needs the interplay of culture and environmental ethics to promoting such concepts. Therefore, this paper aims to identify the justification of how human rights in the environmental protection in the contemporary discourse are bringing to light, as many current cases attempt to linkage the environmental approach to the human rights instrument, such as the rights to life, healthy environment, and intergenerational equity. To analyse further, the theoretical framework in this paper will be explicated by environmental culture paradigm which illustrates the egalitarian concept between human and environment to elicit the clear thoughts of how human rights is naïve to protect the environment. This article will firstly depict the human rights and the environmental protection discourse and then, explore the naïveté narratives of environmental culture about the ecological crisis roots that are fundamentally anthropogenic, as to reflect the ground realities how this nexus will play out. Finally, this paper found the moral justification per se relies on the effort of elaborating the human prudence in their relationship with nature, albeit bringing the naïveté.
The Reasonable Person for Our Time for Reasonableness in a Heterogeneous Society Ceilia divakaran
Udayana Journal of Law and Culture Vol 1 No 2 (2017): Rights of the Vulnerable Groups
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (814.755 KB) | DOI: 10.24843/UJLC.2017.v01.i02.p01

Abstract

The cases of Bugmy and Munda decided by the High Court in 2013 raised the impact of social deprivation on Aboriginal defendants, in that it mars the development of an individual exposed to alcohol and alcohol-fuelled violence, and that full weight must be given to this in sentencing considerations. This significant legal precedent, in the backdrop of Aboriginal over-representation in the criminal justice system, invites the question of the relevance of the characterisation of the reasonable man in the law of provocation and delivery of equal justice, in a culturally heterogeneous society such as Australia. The case for constructing a contemporary reasonable man, clothed in Aboriginal identity, for equitable sentencing outcomes for Aboriginal defendants is explored.