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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 71 Documents

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Corporate Social Responsibility and Its Implementation in Tourism Industry: A Comparative Study between Indonesia and Australia Anak Agung Bagus Ngurah Agung Surya Putra; Renee Sarah White; Kadek Sarna
Udayana Journal of Law and Culture Vol 2 No 2 (2018): Encouraging Cultural Approach to Law
Publisher : Faculty of law Udayana University

The concept of Corporate Social Responsibility (CSR) has been widely spread to developing countries. Most scholars argue that the CSR will give economic benefit to the local communities surrounding the company. Indonesia and Australia have adopted the concept of CSR into some legislation and regulations. When the laws of CSR were implemented in the field of tourism, some companies thought that they do not have any legal obligation to implement it. In practice, local communities have used CSR to demand the tourism industries to provide any social, cultural and economic facilities. This article is aimed at providing an analysis regarding the legal framework of Indonesian and Australian laws and regulations concerning CSR, particularly in Tourism Sector. In addition, it is intended to analyze how the implementation of CSR in tourism may strengthen the local communities. It is a normative legal research that primarily scrutinizes written official law and regulations as well as relevant court decisions regarding the issue of CSR, company, and tourism. It can be concluded that both Indonesia and Australia have regulated the concept of CSR very well as stipulated in official law and regulations. Regarding the implementation, by revolving within the scope of sustainable development concept as well as a gradual increase of tourism industries participation in CSR, the well-being of the local community will surely be improved.

Indigenous People, Economic Development and Sustainable Tourism: A Comparative Analysis between Bali, Indonesia and Australia Putri Triari; Kali Jones; Ni Gusti Ayu Dyah Satyawati
Udayana Journal of Law and Culture Vol 1 No 1 (2017): Transforming Local Wisdom
Publisher : Faculty of law Udayana University

Tourism is one of the world’s fastest growing industries and has been used as a vehicle for indigenous people to engage in economic development opportunities within their local communities. The concept of sustainable tourism has brought greater awareness towards maintaining the economic and social advantages of tourism development whilst ensuring the industry is both socio-cultural and environmentally sustainable. A central component to the definition of sustainable tourism is the empowerment of indigenous people to take advantage of the benefits of the tourism industry. This article will demonstrate that in certain instances there is conflict between indigenous peoples’ culture, particularly communal ownership of land and the tourism industry. This research uses comparative analysis between Bali, Indonesia and the Northern Territory of Australia to analyse the social and legal impediments, which affect the potential of local indigenous people to contribute to sustainable tourism. The conclusion drawn in this article is that both Indonesia and Australia have attempted to provide legal frameworks to promote tourism and development alongside indigenous people, however in both cases the tourism industry has not always been easily applicable to indigenous people’s concept of land ownership and communal sharing of economic assets. Keywords: Indigenous People, Tourism, Bali, Australia

Does Customary Law Discriminate Balinese Women’s Inheritance Rights? Hanna Christine Ndun; Sarah Suttor; I Gusti Agung Ayu Dike Widhiyaastuti
Udayana Journal of Law and Culture Vol 2 No 1 (2018): Maintreaming Socio - Cultural Policy
Publisher : Faculty of law Udayana University

There is a stereotype with regard to the rights of the Balinese women on inheriting under the Balinese tradi-tional customary law. It is generally assumed that the law discriminates Balinese women as well as against the human rights principle of equality. This article analyzes the contemporary problems of such issue and would demonstrate the actual principles, rules and practices, including the essential concept of the rights under the Balinese traditional customary law of inheritance. This issue has been explored under a normative legal approach where the resources are primarily taken from the relevant national legal instruments and court decisions, instead of textbooks and journals. An interview has also been commenced for clarifying some aspects of the issue. This article concludes that there has been a generally misleading on viewing the Balinese customary law as discriminating women on an inheritance issue, as in fact, the law also provides rules for supporting women’s rights for inheriting. The law in a certain way has properly preserved the right of women for inheriting in which women under the law have also enjoyed rights for inheriting, especially the daughter and widow. In contrast, the Balinese men that are generally perceived as the ultimate gender enjoying privileges rights to inherit, in the practice of inheritance in the traditional community are also subject to some discrimination. The law has provided a set of rule of inheritance both for men and women where they are subject to certain equal rule and condition. The law also clarifies that both genders are enjoying equal rights on inheritance in a certain portion and situation binding under the principle of balancing between rights and obligation for each side.

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.

Weighting Approaches on Online Sexual Abuse of Children: Cultural Prevention or Crime-Based Enforcement? Ahmad Sofian; Bambang Pratama; Chiara Talerico
Udayana Journal of Law and Culture Vol 2 No 2 (2018): Encouraging Cultural Approach to Law
Publisher : Faculty of law Udayana University

Online Child Sexual Exploitation (OCSE) is a form of crime against children that can be reviewed from various perspectives such as criminal law, criminology and culture. This offence is governed in several international legal instruments because perpetrators and victims are often located in different territories or have different nationalities. The Optional Protocol on Sale of Children, Child Prostitution and Child Pornography (OPSC) is one that provides a reference in combating this crime, but this instrument has the disadvantage of not providing specific guidance in overcoming sexual crimes of children who are in the online sphere. OPSC focuses more on child pornography, whereas OCSE has evolved rapidly enough to give birth to new forms of crime that are not just child pornography. Another weakness can be found in national laws, due to the lack, or limited, response to address the issue. Therefore, a cultural approach is important to prevent and tackle this problem. This paper is aimed to weight the needs to use a Preventive Cultural approach and a Crime-Based Enforcement in addressing Online Sexual Abuse in Indonesia. It is a normative legal research that reads various primary and secondary legal materials. The study recommends that there is a need to use appropriate legal terminology and provide a clear interpretation of the terminology in national law so that these crimes can be quickly addressed. In addition, it also argued that cultural approaches may be used to prevent the occurrence of OSCE by means of involving the community and religious leaders, educating family, as well as raising the awareness of children.

Proper, Weighty and Extremely Weighty Cause to End an Employment Contract in Finland Emma-Lotta Mäkeläinen; Sofia Toivonen; Tiina Räsänen
Udayana Journal of Law and Culture Vol 2 No 1 (2018): Maintreaming Socio - Cultural Policy
Publisher : Faculty of law Udayana University

Employment relationship can be ended in many ways and under different circumstances. This article discusses the rules in Finland regarding the termination of employment contract. It analyses in outline what can be considered as a proper and weighty reason or an extremely weighty reason to end an employment contract. The Finnish Employment Contracts Act demands that there must always be a proper and weighty reason to end the employment contract. If the employer wants to end the employment contract summarily without notice, there must even be an extremely weighty reason to do that. Even though the employment legislation stipulates that there must be a legal ground to end the employment contract, the legislation does not contain any list of the acceptable grounds of termination or cancellation of the employment contract. In the legal practice and legal literature, it has been argued that the proper and weighty reason may be for example the neglect of the work obligations, competing activity and violating of the business secrets, use of intoxicants, criminal activity and inappropriate behaviour and in some cases even illness. However, the grounds for the termination or cancellation of the employment contract cannot be precisely defined because every termination and cancellation of the employment contract is unique.

Incorporating Local Wisdom Into the Consumer Protection Legal Regime: A Comparison Between Indonesia And Australia I Gusti Ngurah Parikesit Widiatedja
Udayana Journal of Law and Culture Vol 1 No 1 (2017): Transforming Local Wisdom
Publisher : Faculty of law Udayana University

Globalization has affected legal services and converged legal systems, especially in consumer protection in Indonesia and Australia. This process has resulted to a more formal, transparent, and adversarial laws and regulations that typically reflect to the common Law system. Then, the incorporation of local wisdom encourages significantly for the receptiveness of this globalization and convergence process both in Indonesia and Australia. This paper will show and analyze the extent to which globalization has affectedconsumer protection in Indonesia and Australia by dividing the impact from the result of economic liberalization and political fragmentation. It will then show how the incorporation of local wisdom canaccelerate the globalization of legal services and convergence of legal systems on consumer protection in Indonesia and Australia Keywords: Local Wisdom, Consumer Protection, Law, Indonesia, Australia.

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.

Climate Change and Human Migration: Towards More Humane Interpretation of Refugee I Gede Eka Sarjana
Udayana Journal of Law and Culture Vol 2 No 2 (2018): Encouraging Cultural Approach to Law
Publisher : Faculty of law Udayana University

This article seeks to highlight the existing 1951 Convention relating to the Status of Refugees (hereinafter referred to as Refugee Convention) and the possibilities of the document to encompass climate-induced migration by modifying, reconstructing and establishing a specific legal regime, considering that the concept of Internally Displaced Persons (IDPs) has been inadequate and incapable to incorporate the ‘newly introduced’ type of migrant. The definition of refugee in the Convention explicitly limits the scope of people who are forced to flee their home into migrants due to warfare and civil disturbance. In fact, there are people who can no longer gain decent livelihood due to environmental and social problems including poverty, drought, soil erosion, desertification, deforestation, floods and other environmental deterioration. However, these people have not been legally accepted as ‘refugee’ in the international arena. The author argues that ‘environmental refugee’ or ‘climate refugee’ is a clear and present issue, as climate change-related disasters are rampant and deteriorating. Therefore, this article will examine the existing and potential role of international law in effectively responding to climate change and its related humanitarian problems in the future. The development of a specific legal document on environmental refugee and the global acceptance of the status of the people not only represent a short-term solution for the affected people, but also introduce a long-term commitment of international community to alleviate poverty and guarantee the fulfilment of basic human rights and social justice for everyone. This article primarily investigates relevant legal documents and discovers some legal and non-legal concepts that are connected to the central topic of this article.

The New Zealand’s Recognised Seasonal Employer Policy and the Contractual Rights of Indonesian Workers Lukas Banu; Matthew Gardiner
Udayana Journal of Law and Culture Vol 2 No 1 (2018): Maintreaming Socio - Cultural Policy
Publisher : Faculty of law Udayana University

The Recognised Seasonal Employer (RSE) scheme has attracted overseas workers to work in the horticulture and viticulture industries in New Zealand. They come from various countries all over the world, to stay and work in New Zealand. This article would explore some legal issues arise from New Zealand’s RSE policy in particular relation with the Indonesian migrant workers who seek a job in New Zealand. It would also analyze the rights and obligations of the workers as stipulated in the employment contract concluded by the Indonesian workers and the New Zealand companies under the RSE scheme. The normative legal writing combines the research on relevant public and private legal instruments and comparatively examines both national law and regulations of Indonesia and New Zealand in order to afford a balanced insight of the law of both countries. This study found that on one hand, New Zealand laws have already covered all aspects of workers and determined New Zealand’s government obligation to oversee the employment agreements, while on the other hand, Indonesian law and regulation do not cover explicitly the issue of protection of Indonesian workers who work in New Zealand under the RSE scheme. This article offers constructive recommendations addressed to any relevant stakeholders in order to improve the legal nature, institutional role and procedure for supporting New Zealand’s RSE policy and in the same time the better protection to the Indonesian migrant workers.

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