cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
-
Contact Email
-
Phone
-
Journal Mail Official
-
Editorial Address
-
Location
Kota denpasar,
Bali
INDONESIA
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
 1 
Search results for , issue "Vol 4 No 2 (2020)" : 6 Documents clear
The Application of Equity in Brazilian Court Decisions during the Covid-19 Pandemic: Are there any Obstacles? Anna Lucia Berardinelli
Udayana Journal of Law and Culture Vol 4 No 2 (2020)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2020.v04.i02.p04

Abstract

Brazil follows the precepts of the Civil Law system that leaving only limited space for equity. The ongoing pandemic spread crisis and uncertainty worldwide, and there is not enough time for legislators to fill the gaps. Even the already existing legal provisions were designed to cope with unexpected situations, they might be inappropriate in such an unprecedented situation, where everyday contracts are cancelled, obligations are defaulted, companies are bankrupt, and individual rights are mitigated. Courts in Civil Law countries usually do not allow to ground their decisions exclusively on equity powers. This article aims to discuss and propose how the use of evaluative equity in judicial decisions could be the path in the search for the realization of justice, through not only its integrative function but also in an evaluative way, ensure justice in the concrete case. This article concludes that equity is an essential tool for achieving a fair decision and the demands for the common good.
Do Indonesian Laws and Policies on Covid-19 Countermeasures Action Reflect Legality? I Made Arya Utama
Udayana Journal of Law and Culture Vol 4 No 2 (2020)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2020.v04.i02.p05

Abstract

Every citizen has the right to access the resources and health facilities, social security, health services, as well as attaining the highest degree of health. At the present, Covid-19 has become a global pandemic and has been declared a non-natural disaster, which could potentially be related to the citizen’s right to health as regulated with statutory law. This article analyses the dynamics that reflect the legality of national statutory law in the response Covid-19 in Indonesia. This article is based on normative legal research using a statutory approach and conceptual approach. The study found that the right to health has properly been regulated in the Constitution as well as human rights and health-related legislations, reflecting the presence of the state to interfere with the health problems of its citizens. Besides, this study suggests that legal culture, as a component of legal system theory, remains an issue in the efforts of handling the pandemic. There is still a part of the society that is not able to readily and consciously participate and involve in the response to Covid-19 in Indonesia.
Religious Tolerance in Multicultural Communities: Towards a Comprehensive Approach in Handling Social Conflict Ahmad Suradi; John Kenedi; Buyung Surahman
Udayana Journal of Law and Culture Vol 4 No 2 (2020)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2020.v04.i02.p06

Abstract

This article is aimed to analyze the need for handling social conflict through the planting of tolerance values in multicultural societies that in line with statutory provisions. It is a socio-religious study that, to some extent, applies a legal approach. A library study was conducted by collecting data and information from textbooks, scientific journals, website contents. The legal analysis was based on principles and norms contained in legislation and regulations. It applies Miles and Huberman's interactive analysis model which includes data reduction, data presentation, and conclusion. The study suggested that planting tolerance values ??is a grand and noble concept that would become an organic part of Indonesia. Tolerance is functioned as a guardian, safeguard, peace-maker, and unifier communication and interaction to realize good relations between community members. Besides, the law on handling of social conflict has covered the mechanism to address this matter by means of conflict prevention, cessation of conflicts, and post-conflict recovery.
Unresolved Injustice: An Examination of Indigenous Legal Issues in Australia Rachael Asher
Udayana Journal of Law and Culture Vol 4 No 2 (2020)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2020.v04.i02.p02

Abstract

Indigenous legal issues are to some extent a neglected and misunderstood subject in the Australian political and legal sphere. Where there is unresolved injustice, there is suffering. Similarly, where there is misunderstanding, there is ignorance. Therefore, the purpose of this paper is to explore Indigenous legal issues and potential solutions through an examination and analysis of relevant sources. The subjects of discussion in this paper include the limited extent that Aboriginal customary law is recognised under Commonwealth law; the impact of Australian law on Indigenous people; the over-representation of Indigenous people in the criminal justice system; the inadequate state of Indigenous property rights; and comparative law methodology.
Indigenous Collaborative Governance: An Understanding of Decision-Making Process at Desa Adat in Bali, Indonesia Md Putri Wiyantari Sutaryantha; Bevaola Kusumasari
Udayana Journal of Law and Culture Vol 4 No 2 (2020)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2020.v04.i02.p01

Abstract

The decision-making process that took place at desa adat (indigenous village) involved many actors and stakeholders from various elements of the community, to achieve a common goal. This research highlights the linkages of indigenous collaborative governance among actors involved in the decision-making process at Balinese Desa Adat, Indonesia. This research has, thus, discovered how indigenous collaborative governance was linked to the decision-making process and linked to the implementation of local governance, especially in the implementation of Adat in Bali Province. This study emphasizes the extensive use of public administration literature about collaborative governance and the decision-making process. Additionally, in-depth interviews and live experience in desa adat were conducted, as it is aimed to explore and understand more about the case. The result provided aligned with the conceptual framework because all of the actual implementation of the decision-making process at Desa Adat Peliatan met the criteria or indicators of collaborative governance. It showed that there was an involvement of indigenous collaborative governance in the process of decision-making at the desa adat level. The practical implication, in this case, is that collaboration matters in the decision-making process involving various elements of society with diverse interests.
After the Trade Dispute: Is Indonesian Food Sovereignty Threatened? Kadek Sarna; Nurhasan Ismail; Harry Supriyono
Udayana Journal of Law and Culture Vol 4 No 2 (2020)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2020.v04.i02.p03

Abstract

The winning of New Zealand and the United States in a trade dispute with Indonesia regarding quantitative restrictions on the import of horticultural products, animals and animal products at the World Trade Organization (WTO) dispute panel assembly with case number DS (Dispute Settlement) 477 and 478, forces Indonesia to adjust its national policies with the existing rules in the 1994 GATT. This obviously becomes a concern for Indonesia's goal of realizing national food security and food sovereignty. This article aims to discuss how Indonesia's position in the case of DS 477 and DS 478 and how policy efforts in agriculture can be implemented so that Indonesia can withstand the development of international trade liberalization. This article is normative legal research that applies case and statutory approaches. It discusses the legal position of Indonesia when defending its reasons behind the restriction policies as well as analyses Indonesia’s opportunities to create food sovereignty and proposing legitimate policies after the cases decided. This article concludes that despite Indonesia was defeated in these cases, the opportunities for Indonesian agricultural products to be internationally marketed are still available and that bilateral arrangement would enable Indonesia to discuss the upcoming legitimate measures to be adopted. Reflecting on the results of WTO DS 477 and DS 478 cases, Indonesia should propose a Mutually Agreed Solution (MAS) and improving the provisions on horticulture imports and imports of animal products, carry out intensification and extensification policy, combat food cartels, and pay concern on the creation and implementation of various international trade regulations.

Page 1 of 1 | Total Record : 6

 1 

Filter by Year

2020 2020


Reset
Filter By Issues
All Issue Vol 7 No 2 (2023) Vol 7 No 1 (2023) Vol 6 No 1 (2022) Vol 5 No 2 (2021) Vol 5 No 1 (2021) Vol 4 No 2 (2020) Vol 4 No 1 (2020): Contextualizing Social Issues Vol 3 No 2 (2019): The Dynamics of Global Society Vol 3 No 1 (2019): Contemporizing Cultural Elements Vol 2 No 2 (2018): Encouraging Cultural Approach to Law Vol 2 No 1 (2018): Maintreaming Socio - Cultural Policy Vol 1 No 2 (2017): Rights of the Vulnerable Groups Vol 1 No 1 (2017): Transforming Local Wisdom More Issue