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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 1 (2017): Transforming Local Wisdom" : 5 Documents clear

National Wisdoms and the ASEAN Human Rights Legal Regime Heribertus Jaka Triyana
Udayana Journal of Law and Culture Vol 1 No 1 (2017): Transforming Local Wisdom
Publisher : Faculty of law Udayana University

Recently, the discourse on the relation between local wisdom and human rights shows its relevance. This article describes and critically examines the human rights norms and procedures with regards to common local wisdoms to remedy and redress human rights problems in South East Asian countries. It takes an example of redressing problem in rights to development and also focuses on the application of the ASEAN agreement on Disaster Management Response to contextualize role and influence of local wisdoms to manage and to mitigate disaster response within the ASEAN human rights protection. This writing also highlights that human rights based approach is needed in the implementation of the ASEAN human rights norms and mechanisms in accordance to local wisdoms of respective countries where disaster occurs. Keywords: Wisdom, ASEAN, Human Rights.

Global Justice: Building International and Supranational Structures on the Basis of Fundamental Rights Edgar Lammertse
Udayana Journal of Law and Culture Vol 1 No 1 (2017): Transforming Local Wisdom
Publisher : Faculty of law Udayana University

This article is intended to share a few thoughts, notions and questions about regulatory and governmental structures, both national and international, with regard to the development of global justice. It will highlight the issue whether or not local wisdom can contribute to global justice. In addition, this writing will discover legal problems that arise from the idea of global society and global justice by analyzing jurisdictional aspects and by explaining a little bit about dematerialization of crime, as it has been affected by the changing of communities behavior in global contexts after the era of computer and information and communication technology (ICT). Progressive development in Europe, especially regarding the European Union Law, will also be explored in order to describe the respect for fundamental rights in this region. Keywords: Global Justice, International Society, Development, Local Wisdom.

Judicial Activism in Brazil”S Constitutional Court?: Studies in the Recognition of Brazilian Indigenous Tenure rights Anna Lucia Berardinelli
Udayana Journal of Law and Culture Vol 1 No 1 (2017): Transforming Local Wisdom
Publisher : Faculty of law Udayana University

Small part of entire Brazil’s national territory has already been demarcated as indigenous land. Facts reveal that the Natives were killed because of land issues, indicating that land issues and tenure rights are the epicenter of the problem. This article focuses on the cardinal point of Brazilian legal debates: keeping indigenous people’s tenure over the land they have been occupying immemorially. The analysis explores normative aspects on constitutional and legal protection over Brazilian indigenous rights and further scrutinizes the relevant case law that was settled before the Brazil’s Constitutional Court. Keywords: Brazil, Indigenous, Constitution, Court.

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

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.

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Bali

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