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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.

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Articles 5 Documents

Search results for , issue "Vol 2 No 1 (2018): Maintreaming Socio - Cultural Policy" : 5 Documents clear

Appropriating Public Private Partnership in Senior High School Program: A Socio-Cultural Approach to Policy Making Peter G. Romerosa
Udayana Journal of Law and Culture Vol 2 No 1 (2018): Maintreaming Socio - Cultural Policy
Publisher : Faculty of law Udayana University

The implementation of the Senior High School program in the Philippines illuminates the State’s response to the changing landscape of the global market economy. Its salient features focus on the additional two year-senior high school program which highlights the development of middle level skills for national development and global competitiveness. In order to concretize the implementation of the program, the State entered into collaboration with the private schools which is commonly known as Public Private Partnership (PPP). In this collaboration, the government provides the guidelines and financing while the private educational institutions provide the academic service. Framed from a socio-cultural approach to policy making in education, this study aimed to unpack a particular implementation of PPP of a private institution in an urban area, examine the institutional policies that were created in response to PPP, and interrogate the impacts of these policies on micro social processes. Using interviews and focus group discussions for methodology, the researcher drew narratives and insights from on-the-ground actors. Further, the investigation looked into how authorized policy actors (school administrators) and nonauthorized policy actors (teachers, parents, and students) are appropriating policies within the operational framework of the PPP in the implementation of the senior high school program. The results demonstrated that multi- layered appropriation and exercise of the agency were explicitly and implicitly deployed in diverse social spaces by actors as a pragmatic and creative response to the new educational arrangement. The paper provides a lens to further develop under-standing on how policy appropriation and production from the local context can inform institutional approaches in facilitating relevant student experience within the realm of PPP in education.

Human Rights and the Environmental Protection: The Naïveté in Environmental Culture Made Adhitya Anggriawan Wisadha; Grita Anindarini Widyaningsih
Udayana Journal of Law and Culture Vol 2 No 1 (2018): Maintreaming Socio - Cultural Policy
Publisher : Faculty of law Udayana University

There are growing trends in the human rights to substantially extend the values to protect the environment or moreover to welcome the ideas of the rights to environment, not to mention the rights of environment. The purpose is to inclusively embrace the environmental problems wherein the humanity challenges posited on, but this agenda may leave a room of doubt how far the human rights body can address the environmental destruction as it needs the interplay of culture and environmental ethics to promoting such concepts. Therefore, this paper aims to identify the justification of how human rights in the environmental protection in the contemporary discourse are bringing to light, as many current cases attempt to linkage the environmental approach to the human rights instrument, such as the rights to life, healthy environment, and intergenerational equity. To analyse further, the theoretical framework in this paper will be explicated by environmental culture paradigm which illustrates the egalitarian concept between human and environment to elicit the clear thoughts of how human rights is naïve to protect the environment. This article will firstly depict the human rights and the environmental protection discourse and then, explore the naïveté narratives of environmental culture about the ecological crisis roots that are fundamentally anthropogenic, as to reflect the ground realities how this nexus will play out. Finally, this paper found the moral justification per se relies on the effort of elaborating the human prudence in their relationship with nature, albeit bringing the naïveté.

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.

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.

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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Kota denpasar,

Bali

INDONESIA