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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 3 No 1 (2019): Contemporizing Cultural Elements" : 5 Documents clear

Data Profiling and Elections: Has Data-Driven Political Campaign Gone Too Far? Alia Yofira Karunian; Helka Halme; Ann-Marie Söderholm
Udayana Journal of Law and Culture Vol 3 No 1 (2019): Contemporizing Cultural Elements
Publisher : Faculty of law Udayana University

In the age of digitalization, data-driven political campaign has rapidly shifted into sophisticated data profiling and big data analysis. In Indonesia, the privacy implications of data profiling for political purposes have not been thoroughly studied, much less regulated. This paper aims to conduct a comparative regulatory study between the European Union General Data Protection Regulation (EU GDPR) and Indonesian laws concerning personal data protection in facing the growing practice of data profiling for political purposes. In conclusion, in order to prevent unfair and non-transparent data profiling for political purposes in the upcoming 2019 general election, Indonesia should enact a comprehensive data protection law which provides data subjects with the right to information related to profiling and establishing independent supervisory authority.

Chthonic Legal Traditions: A Standpoint Legal Research Paradigm for Comparative Analysis on Australian Indigenous Legal Orders Maria Salvatrice Randazzo
Udayana Journal of Law and Culture Vol 3 No 1 (2019): Contemporizing Cultural Elements
Publisher : Faculty of law Udayana University

In contemporary comparative legal scholarship, it is no longer controversial to assert the relevance of investigations into chthonic legal orders; however, there is a significant divergence on how they should be undertaken. The paper takes in consideration the Australian chthonic legal orders and argues that their investigations by non-Indigenous researchers need to be undertaken acknowledging an Indigenous epistemological approach to research, with methodological frameworks that, consistent with the principles of an Indigenous standpoint theory, aim to develop a legal standpoint research paradigm informed by Indigenous legal ontologies, epistemic theories and research practices. The research paradigm so elaborated is justified by the necessity of devising new epistemological models to guide understandings—and theoretical elaboration—of Australian Indigenous orders which are consistent and coherent with their ontological, epistemological and axiological universe.

Addressing Global and National Concerns into Local Actions: Reflecting Customary Institution’s Involvement in Combating Drug Abuses Anak Agung Ngurah Wirasila; Jana Takácová
Udayana Journal of Law and Culture Vol 3 No 1 (2019): Contemporizing Cultural Elements
Publisher : Faculty of law Udayana University

The massive movement of transnational drug-dealers has now been approaching society at the lowest level. This article is aimed at exploring how customary institution in Bali-Indonesia, namely desa pakraman (customary village) is involved in any efforts of combating drug abuse, as a complementary means of the official measures taken by Indonesian agencies that responsible for this matter. It is legal research that inquiries relevant legal documents. Besides, it discovers customary village leaders opinion by using informant interview questionnaires as well as impression obtained from direct observation. This paper discovers that there have been many customary villages modified their customary rule by incorporating the norms on prohibition of the use and sale of narcotics as well as adopted customary sanction to be imposed on those who violate it. This article also suggests that the involvement of customary institution may be used as a lesson learned regarding how the non-state actors, especially a community-based institution, may play a role to support the government in the eradication of drug abuses and crimes.

Psycho-Cultural Perspective on the Formation of Entrepreneurial Culture of Minangkabau Tribe in West Sumatra Indonesia Hafiz Rahman; Sri Oktavia; Eri Besra
Udayana Journal of Law and Culture Vol 3 No 1 (2019): Contemporizing Cultural Elements
Publisher : Faculty of law Udayana University

This paper aims to examine and to discuss how entrepreneurial culture is formed from perceived values, cultural dimension, kinship system and informal cultural based entrepreneurial learning of a society. As the context of the research, it uses the Minangkabau tribe, which enjoys supportive social supports and where the culture of entrepreneurship is naturally accepted by the most of the tribe members as a part of their way of life. This paper considers and argues that perceived value, cultural dimension, kinship system and ‘merantau’ – an informal cultural based entrepreneurial learning of the tribe have brought direct and/or indirect positive impact to the creation of an entrepreneurial culture within the tribe. As the basis, a qualitative approach and analysis in terms of descriptive-reflexive observatory method is used to analyse the topic, which is further narratively and descriptively presented. Results of paper have shown the possible model of how perceived value, cultural dimension, kinship system and informal cultural based entrepreneurial learning can perform an entrepreneurial culture of a society, in which it is considered as the significant contribution in the research related to the culture and entrepreneurship.

A Critical Analysis of Collaborative Law as a Dispute Settlement Mechanism Ni Wayan Desi Aryanti
Udayana Journal of Law and Culture Vol 3 No 1 (2019): Contemporizing Cultural Elements
Publisher : Faculty of law Udayana University

The increasing number of practitioners who employ Collaborative Law as an alternative dispute resolution method indicates its relevance in resolving legal cases, especially in the field of Family Law. Following its incorporation into legislation in some States in the United States of America, the current practice of Collaborative Law seems to run further than what was developed in 1990 by a family lawyer, Stuart Webb in Minneapolis. This article attempts to expose that while Collaborative Law is beneficial in resolving family disputes, its distinct feature-disqualification provision poses some drawbacks to disputants. Besides, it assesses how clients screening and combining Collaborative Law with mediation can minimize disqualification provision’s disadvantages. Lastly, this article examines why Collaborative Law’s application in non-family disputes is limited.

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Bali

INDONESIA