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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 6 Documents
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Search results for , issue "Vol 7 No 1 (2023)" : 6 Documents clear
The Indian Rape Law: Vocabulary of Protest, Reactionary Legislations and Quality of Equality Culture Shruti Bedi
Udayana Journal of Law and Culture Vol 7 No 1 (2023)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2023.v07.i01.p01

Abstract

The problem of violence perpetrated against women in India is not simple. It is embroiled in the historical subjugation of the ‘weaker sex.’ Women have been unable to claim equality in society despite mandatory provisions in the Constitution of India and other legislations in their favour. Despite numerous amendments to the Indian criminal law, rape, one of the most heinous crimes, continues to be committed in India at an alarming rate. The law on Rape in India has undergone three phases of amendments, and all precipitated in the aftermath of public fury on account of brutal and heinous incidents of rape. This paper employs the socio-legal approach to assess the efficacy and impact of these amendments in changing social behaviour. It concludes that though the massive public outrage undoubtedly led to radical amendments, it was a knee-jerk reaction that suffered from legislative ambiguities. The increase in the retributive content of the law ultimately resulted in reduced convictions. Although law is believed to be an instrument of social change, the amendments in the anti-rape legislation have been unable to bring about a positive transformation in the existing cultural inequality.
Distinguishing German Residential and Commercial Tenancy Law: Are Tenant and Landlord in an Equal Position? Christin Eissing
Udayana Journal of Law and Culture Vol 7 No 1 (2023)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2023.v07.i01.p02

Abstract

The German housing market, particularly in major cities, is very tight. This situation makes Tenancy Law the issue that has attracted the most attention in local and federal elections. This article presents and illustrates various methods of protecting the individual parties to a lease contract. Besides, it highlights the differences between Residential Tenancy Law and Commercial Tenancy Law and explains why legislation distinguishes between these two types of tenancies. This research establishes arguments and interpretations from relevant laws and regulations, including the German Civil Code and German General Equal Treatment Act, and judicial decisions that clarified the legal relations between tenants and landlords. This article concludes that Tenancy Law in Germany distinguishes in different ways between Residential Tenancy Law and Commercial Tenancy Law from legal, social, and economic perspectives. It also infers that the provisions stipulated in German Tenancy Law protect the tenant's right while remaining attractive for landlords to offer the house(s) for rent.
Towards Quality and Sustainable Tourism in Bali: Should the Regional Master Plan be Adjusted? I Dewa Gede Palguna; Anak Agung Gede Duwira Hadi Santosa; Made Maharta Yasa; I Gede Pasek Pramana
Udayana Journal of Law and Culture Vol 7 No 1 (2023)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2023.v07.i01.p03

Abstract

Bali is the area in Indonesia that is most affected economically due to the paralysis of the tourism industry during the Covid-19 Pandemic. Consequently, tourism development programs designed by the government faced many obstacles in their implementation. This article discusses how the concept of quality and sustainable tourism are incorporated into the Tourism Master Plan of the Bali Province 2015-2029. Further, it evaluates the implementation of the master plan during the Covid-19 Pandemic. This writing is designed based on legal research that applies a policy-oriented approach. The research collected and analyzed primary sources in the form of law, regulation, and policy at the national and regional levels, as well as secondary sources that are available in textbooks, journal articles, and website content. A series of qualitative interviews and a focus group discussion were conducted to deepen understanding of legal and non-legal matters. This article suggested that even though the concept of quality and sustainable tourism has been incorporated into the aforementioned master plan, the document implies a contradiction between the vision that desires to apply the concept and the goals and objectives which tend to support quantity tourism. The qualitative evaluation indicated that the master plan could not be appropriately implemented and requires an adjustment to bring in again the vision into the implementing policy adopted by the provincial government.
Towards Alternative Energy Sources: Is it Time to Switch to Nyamplung? Abdhy Walid Siagian; Muhammad Syammakh Daffa Alghazali
Udayana Journal of Law and Culture Vol 7 No 1 (2023)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2023.v07.i01.p06

Abstract

Nyamplung is one of the six priority non-timber forest products in Indonesia. This type of mangrove has a high yield of oil as a raw material biofuel with a 40-70% higher percentage than other plants, such as oil palm, whose percentage is only 46-54%. This article examines Indonesia's commitment to accelerate the transition to new and renewable energy through biofuels to meet the national electricity supply. In addition, it conducts an economic calculation of nyamplung as alternative energy for biofuels. The writing of this article reflects an economic analysis of law that combines legal analysis based on norms, guidelines, and plans as stipulated in Indonesian laws and regulations and international instruments and economic analysis referring to relevant data and sources. This article concludes that nyamplung may serve as an alternative energy source to fulfill future national energy needs, which aligns with efforts to achieve a sustainable environment. Despite laws and policies on national energy supporting any efforts to complement and substitute current energy sources, the utilization of nyamplung has yet to be optimized as a biofuel.
Legal and Ethical Discourse of Saviour Sibling: How Should Indonesia Respond to this New Trend? RA Antari Innaka; Muhammad Jibril
Udayana Journal of Law and Culture Vol 7 No 1 (2023)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2023.v07.i01.p04

Abstract

Thalassemia major is a genetic condition characterized by an inefficient synthesis of red blood cells which can be cured by bone marrow transplantation surgery. However, getting a matching donor is a challenging task. Therefore, some people have been using the “saviour sibling” procedure wherein a sibling is born to be a donor for their sibling. This procedure, however, has been raising debate, especially concerning bioethics. Indonesia, a country with a high number of people who suffer from such an abnormal genetic condition, needs to be aware of this procedure and its policy framework. This paper conducts a comparative study in identifying and analyzing how saviour sibling is regulated in countries other than Indonesia. Besides, it discusses the legal and ethical implications of saviour sibling procedures in Indonesia. It is a cross-discipline research that combines legal research in the fields of health law, human rights law, and private law and resources from medical science. The analysis is established by using normative, comparative, and ethical approaches. This study found a disparity in the policy framework between countries because such a procedure is in the grey zone between bioethics and technologies. Nevertheless, no rights are violated because the child would live a life of physical and mental well-being. This procedure also plays a critical role in developing medical technology. In bioethics, the saviour sibling procedure begs whether the conceived sibling is just a means to an end, a mere commodity. In Indonesia, the legal framework on health technology involving human subjects is still relatively lax in regulating saviour siblings. Therefore, this study suggests that Indonesia needs to consider the diverse local wisdom as the foundation of its bioethics in regulating saviour sibling in the future.
Addressing Crisis in Myanmar: The Role of NGOs in Promoting International Human Rights Standards Ainna Khairunnisa; M.Yakub Aiyub Kadir; Mahfud Mahfud
Udayana Journal of Law and Culture Vol 7 No 1 (2023)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2023.v07.i01.p05

Abstract

The Rohingya people have been victims of alleged severe human rights violations committed by the Myanmar government. In response to this situation, the United Nations (UN) has adopted some measures, including a United Nations General Assembly Resolution (UNGAR) A/RES/74/246 of 2019 that, inter alia, determines Non-Governmental Organizations (NGOs) as one of the key players in implementing its mandate. In practice, the NGOs' lack of international legal standing resulted in challenges in their operation. This paper examines the legal standing of NGOs' operations under international law. Specifically, it investigates NGOs' contributions to implementing UNGAR 74/246 in dealing with human rights violations in Myanmar. This article is based on legal research that combines library study and field research. The result indicated that Article 71 of the UN Charter needs to clarify the legal standing of NGOs’ operation in the international sphere, mainly to implement international human rights norms. In the context of the crisis in Myanmar, the NGOs have played a role as mandated by the UNGAR, including investigating gross human rights violations, providing gender-based protection and assistance, and assisting Myanmar in providing humanitarian assistance to all internally displaced persons within Rakhine. This paper recommends that all stakeholders cooperate to support the effectiveness of NGOs' contributions and peace-building efforts in Rakhine to achieve justice for all people in Myanmar.

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