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Udayana Journal of Law and Culture

UJLC
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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 5 Documents

Search results for , issue "Vol 1 No 2 (2017): Rights of the Vulnerable Groups" : 5 Documents clear

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

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.

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

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.

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

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.

Knitting the Future Story of Indian Women: Preventing Violence, Fostering Development, and Accelerating Empowerment Prerna S Ramteke
Udayana Journal of Law and Culture Vol 1 No 2 (2017): Rights of the Vulnerable Groups
Publisher : Faculty of law Udayana University

A number of cases of women’s exploitation in India reflects serious problem in viewing and treating women. This article highlights the issues of women in India that are aimed to describe the violence against women in India that degrades their dignity as a human being, to analyze both conceptual and practical aspects of women, particularly with regards to their role in development and also to discuss the need for accelerating the empowerment of women in India. Some concepts such as the three classical approaches on the relationship between women and development are discussed in this writing. Besides this it also analyzes the present situation faced by Indian women that can potentially become obstacles for their development. In addition, this paper looks at some legal instruments and cases that relates to the legal protection of women in India. It is as a research in the field of Sociology that will be enriched by legal, cultural and economic approaches. It will also highlight about the dreams on the better situation for women in India that are expected to become true and will also encourage women in India to involve in any efforts to knit their future story.

Regulating Indigenous Culture as a Tourism Economic Resource Made Suksma Prijandhini Devi Salain; David Isles; I Gusti Ngurah Wairocana
Udayana Journal of Law and Culture Vol 1 No 2 (2017): Rights of the Vulnerable Groups
Publisher : Faculty of law Udayana University

There have been some cases indicating the dissatisfaction of traditional communities with regards to tourism that does not economically contribute to their cultural activities. The legal issue raised in this writing is the lack of, or maybe the abstention of, a regulation that specifically regulates indigenous culture as a tourism economic resource. This article is aimed at describing and analyzing relevant international and national instruments that regulate the issues of indigenous culture and economic activities of tourism. The cases of Indonesia, especially Bali, compared with Australia are the focus of this article. It has been found that Indonesian laws and regulations are insufficient to protect culture as a tourism economic resource. In contrast, Australia has adopted a trichotomous approach wherein economic, social and cultural factors are separate and can be managed separately, an approach that has had mixed results.

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Contact Name
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Journal Mail Official
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Location
Kota denpasar,

Bali

INDONESIA