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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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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.

Competition Law and Policy Harmonisation: Its Relation to Fair Competition Realisation in ASEAN Single Aviation Market A. A. B. N. A. Surya Putra
Udayana Journal of Law and Culture Vol 3 No 2 (2019): The Dynamics of Global Society
Publisher : Faculty of law Udayana University

A well-functioning ASEAN Single Aviation Market Requires a level-playing field and fair competition. ASEAN does not have a multilateral agreement on competition related issues but opts to harmonise its Member States’ domestic legislation. This article asks whether this approach is appropriate to realise fair competition in ASEAN Single Aviation Market. It finds that mere harmonisation of laws and policies is insufficient without being complemented by effective implementation and enforcement. While regional enforcement is the ideal way of preventing and opposing unfair competition, this article also proposes the adoption of the concept of international comity as an achievable alternative to currently unequal ASEAN competition laws or the absence thereof.

Indigenous Whaling Tradition in Faroe Islands under International Law Olivia Martha Setyonugroho; I Gede Pasek Eka Wisanjaya; Made Maharta Yasa
Udayana Journal of Law and Culture Vol 3 No 2 (2019): The Dynamics of Global Society
Publisher : Faculty of law Udayana University

The issue of whaling has been extensively debated in various international occasions since it causes a declines in many of the world’s whale population. Presently, Faroe Islands is one of the few regions in Denmark that still adamantly practiced whaling for traditional purposes, even though Denmark itself has prohibit it. This writing aims to analyze the whaling tradition in Faroe Islands from the International Law perspective. Further, to examine whether Denmark has an international obligation to end whaling activities in Faroe Islands. The method that is used in this writing is the normative legal research. The result of this analysis shows that the tradition in Faroe Islands is consistent with International Law, thus Denmark has no international obligation to end the tradition.

Has Financial Policy Intervention Benefited Local Society Affected by Natural Disaster?: Questioning the Utilitarian Approach Ketut Sukawati Lanang Putra Perbawa
Udayana Journal of Law and Culture Vol 3 No 2 (2019): The Dynamics of Global Society
Publisher : Faculty of law Udayana University

Mount Agung eruptions have an impact on economic losses, especially the banking sector in Bali. Entrepreneurs and bank debtors, especially in Karangasem Regency and its surroundings, ask for relief from the implementation of the provisions of their credit agreements in terms of time, interest and also obligations performance. It is a legal research that focuses on analyzing the utilitarian approach used by the Indonesian Financial Services Authority (Otoritas Jasa Keuangan/OJK) in the form of Banking-relaxation policy in supporting the local society who affected by natural disaster. It has been concluded that local society who affected by the eruption of Mount Agung in Karangasem Regency Bali may use ‘force majeure’ to suspend their obligation performance in any economic matters, including loan banking. In addressing this issue, OJK plays a role by issuing financial policy for the 3 years period that is expected to give a margin of appreciation for local society to re-arrange their economic situation after the disaster. Such policy, seems has not properly been implemented by all banks in related area. Therefore, a utilitarian approach that inspired the OJK financial relaxation policy should be improved by taking into consideration the concerns on cultural-economic issues, the real declining and uncertain situation of the local economy, and the fragile tourism industry in Karangasem regency.

Exclusive Distribution and Non-Compete Clause in Trade: Transnational Agreements in European Union and United States Noona Hanni
Udayana Journal of Law and Culture Vol 3 No 2 (2019): The Dynamics of Global Society
Publisher : Faculty of law Udayana University

Exclusive distribution agreements are commonly used in both European Union (EU) and United States (US) markets to ensure the efficient distribution of products and services. This article compares the competition legislation in the EU and US and focuses on the differences in the treatment of vertical agreements. This topic is addressed also from an economic perspective and focuses on the possible abuse of dominant market position by international multisectoral companies. This article focuses on the following legal and economic questions: how do competition legislations regulating vertical agreements differ in EU and US and, what kind of possible effects do transnational exclusive distribution agreements have on international trade and competition. In EU law exclusive distribution agreements, even those which include a non-compete obligation limited to five years, are considered as lawful restrictions on competition as long as they fulfil certain criteria listed in the Block Exemption Regulation. EU competition law recognizes the terms of block exemption and ‘safe haven’, whereas the US antitrust law does not regulate any exemptions to vertical restraints. Vertical restraints are interpreted in the US common law of antitrust in the light of the principle of Rule of Reason. An important difference in these jurisdictions is the definition of relevant markets, which is taken into consideration when evaluating the legality of a vertical agreement under competition law. Both jurisdictions emphasize the market power of the producer, but the allowed percentage of market share varies between EU and US and only EU legislation gives emphasis to the market power of the distributor. These differences in competition legislations regulating vertical agreements can lead to conflicts when interpreting the legality of a distribution agreement. The definition of relevant product markets might lead to big international multisectoral companies abusing their dominant position by entering into exclusive arrangements.

The Diaspora Project on Education Sector: Cultivating Positive Perception of Indonesia Through International Education Ratih Indraswari; Nyoman Mas Aryani
Udayana Journal of Law and Culture Vol 3 No 2 (2019): The Dynamics of Global Society
Publisher : Faculty of law Udayana University

The massive support to develop a new category of Indonesian Diaspora that is called as a “special friends of Indonesia’ (Indonesianist) seems would remain become a domain of academic and public debates. The existing Indonesian law and regulations, even though have been amended many times and during the debates on law creating process have tried to adopt the model of dual citizenship, do not affirm this new category. Despite this current legal situation, this article argues that this special friend can be cultivated from the international education section. This paper is academic research in the field of social sciences, especially international relations that analyzes statements, views, and opinion by government officers, diaspora, and Indonesianists as well as some law and regulations. The research suggests that the concept of Special Friends of Indonesia (Indonesianists) is too broad and poses a challenge for the conceptual and legal definition. Fully considering the high contribution of Indonesianist, nurturing of future Indonesianist - especially through student mobility programs - is best to take place in the situation allowing for exposure and socialization process to be built internally.

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