Udayana Journal of Law and Culture
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.
Articles
71 Documents
<![CDATA[Identifying Social Contexts Upon The Annual Homecoming Prohibition Due to The Covid-19 Outbreak ]]>
<![CDATA[Kukuh Fadli Prasetyo]]>
<![CDATA[ Udayana Journal of Law and Culture Vol 5 No 1 (2021) ]]>
Publisher : <![CDATA[Faculty of law Udayana University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24843/UJLC.2021.v05.i01.p02
<![CDATA[Despite its well-established value, the 1441 AH annual homecoming was prohibited by the Government of Indonesia to halt the COVID-19 outbreak. This paper aims to illustrate as well as analyse social factors that come up along with the implementation of the regulation. This research employs the so-called socio-legal research method. The intercourse between law and society has been discussed thoroughly. Later, the discussion builds a connection between law and society in which law initiates changes within society. Furthermore, as this regulation intends to adjust a well-established social value, this paper offers analysis from a perspective of sociology of law. There is a list of considerations to study. First, the legitimate lawmakers and the measurable benchmark are the main sociological strength of the law. Secondly, the absence of an integrated punishment and the ad-hoc basis of policy-making reduce the capacity to create social changes. Besides, other social factors ignored by the Government range from the recognition of this annual homecoming as social value to the ignorance of current social solidarity in Indonesia.]]>
<![CDATA[Religious Tolerance in Multicultural Communities: Towards a Comprehensive Approach in Handling Social Conflict ]]>
<![CDATA[Ahmad Suradi]]>;
<![CDATA[John Kenedi]]>;
<![CDATA[Buyung Surahman]]>
<![CDATA[ Udayana Journal of Law and Culture Vol 4 No 2 (2020) ]]>
Publisher : <![CDATA[Faculty of law Udayana University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24843/UJLC.2020.v04.i02.p06
<![CDATA[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.]]>
<![CDATA[Hindu Legal Philosophy in Ngelinggihang Dewa Hyang Tradition: A Case Study in Jero Kuta Customary Village ]]>
<![CDATA[Dewa Ketut Wisnawa]]>
<![CDATA[ Udayana Journal of Law and Culture Vol 5 No 1 (2021) ]]>
Publisher : <![CDATA[Faculty of law Udayana University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24843/UJLC.2021.v05.i01.p01
<![CDATA[This article discusses Ngelinggihang Dewa Hyang ceremony in Gianyar Regency which is different from the traditions in other regions in Bali. This tradition originates from Hindu law but is implemented differently by each customary village. This study aims to assess the position of Hindu law in Indonesian legislation, discuss Hindu law as the basis for implementing Ngelinggihang Dewa Hyang ceremony, identify the autonomy of customary village in Ngelinggihang Dewa Hyang process, and reveal the public perceptions of this ceremony in Jero Kuta Customary Village, Batubulan Village, Sukawati District, Gianyar Regency. This paper is a socio-religious research that is combined with a legal research. The research suggested that Hindu law does not have an explicit position in national law, but is used as the guideline for Balinese customary law. Sources of Hindu law used in this ceremony are Lontar Purwa Bhumi Kamulan and Manawa Dharmasastra that have been derivated into customary law. The autonomy of the customary village in the process of Ngelinggihang Dewa Hyang can be seen from the dresta (customary law) adopted by the villagers of Jero Kuta Customary Village who carry out this procession on a different day from other rituals. The public perception of this ceremony can be seen from the interaction in family and community scope. It has been revealed that the society does not fully understand the meaning of this religious procession due to the following factors; differences in community understanding of the existence of the Ngelinggihang Dewa Hyang ceremony; ignorance of the community, education Level, and the development of globalization in people's life.]]>
<![CDATA[Unresolved Injustice: An Examination of Indigenous Legal Issues in Australia ]]>
<![CDATA[Rachael Asher]]>
<![CDATA[ Udayana Journal of Law and Culture Vol 4 No 2 (2020) ]]>
Publisher : <![CDATA[Faculty of law Udayana University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24843/UJLC.2020.v04.i02.p02
<![CDATA[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.]]>
<![CDATA[Indigenous Collaborative Governance: An Understanding of Decision-Making Process at Desa Adat in Bali, Indonesia ]]>
<![CDATA[Md Putri Wiyantari Sutaryantha]]>;
<![CDATA[Bevaola Kusumasari]]>
<![CDATA[ Udayana Journal of Law and Culture Vol 4 No 2 (2020) ]]>
Publisher : <![CDATA[Faculty of law Udayana University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24843/UJLC.2020.v04.i02.p01
<![CDATA[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.]]>
<![CDATA[Countermeasures under the Agreement on Subsidies and Countervailing Measures: Between the Aircraft Manufacturing Industry and Society ]]>
<![CDATA[Ida Bagus Mahawira Nawagani]]>;
<![CDATA[Prita Amalia]]>;
<![CDATA[Helitha Novianty Muchtar]]>
<![CDATA[ Udayana Journal of Law and Culture Vol 5 No 1 (2021) ]]>
Publisher : <![CDATA[Faculty of law Udayana University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24843/UJLC.2021.v05.i01.p05
<![CDATA[Countermeasures under World Trade Organization (WTO) law are separated into two categories, remedies and a method to induce compliance after another defaulting state fails to adhere to WTO's panel recommendation. This article will focus on the second category. The term ‘countermeasures’ specifically refers to an act of suspension of concessions or other obligations. One case of granted countermeasures is DS316, a case between the United States of America (US) and the European Union (EU). The issue of this case is the subsidies granted by the EU for Airbus, an aircraft manufacturer based in Europe which consists of four European nations, which resulted in Boeing's market loss. The US then requested countermeasures authorisation by the WTO. Countermeasures are related to the principle of proportionality both under public international law and WTO law. Additionally, countermeasures can lead to a more complex situation since it affects the human rights of the private actors of international trade as a part of society. This article explains the implementation of both the countermeasures and the proportionality principle, and analyses the precedents of cases and the countermeasures granted by the WTO as well as the effects of the granted countermeasures to society as it creates barriers for all the international trade actors.]]>
<![CDATA[After the Trade Dispute: Is Indonesian Food Sovereignty Threatened? ]]>
<![CDATA[Kadek Sarna]]>;
<![CDATA[Nurhasan Ismail]]>;
<![CDATA[Harry Supriyono]]>
<![CDATA[ Udayana Journal of Law and Culture Vol 4 No 2 (2020) ]]>
Publisher : <![CDATA[Faculty of law Udayana University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24843/UJLC.2020.v04.i02.p03
<![CDATA[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.]]>
<![CDATA[Distribution and Revenue Sharing of Natural Resources in Indonesia: Autonomous Region and Legal Pluralism Perspective ]]>
<![CDATA[Putu Gede Arya Sumerta Yasa]]>
<![CDATA[ Udayana Journal of Law and Culture Vol 5 No 2 (2021) ]]>
Publisher : <![CDATA[Faculty of law Udayana University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24843/UJLC.2021.v05.i02.p05
<![CDATA[The distribution and revenue sharing of natural resources in Indonesia is considered a very important issue. The exploitation of natural resources of a particular region can be implemented by referring to the concept of regional autonomy. In practice, not all regional governments can take advantage of the natural resources situated in the region. The research aims to review and analyze the arrangement of revenue sharing and natural resources based on the principle of decentralization in the balance of national and regional finances in Indonesia and analyze the autonomous region in Indonesia from a legal pluralism perspective. This study is normative legal research using statutory, conceptual, and analytical approaches. The results suggested that the arrangement of the division of funds for revenue based on decentralization in Indonesia has not fully reflected the principle of proportionality, as it is perceived not providing just and proper share for some regions. In achieving public welfare and social justice at the lowest level of governance, the existence of customary villages in Bali may serve as a solution in addressing the issue of regional management on natural resources along with its potential benefits. Parallel to this concern, the customary village can also play an indirect role in achieving justice, equity, and harmony in the regions. Therefore, the synergy between the national and regional governments, including customary villages undoubtedly reflects legal pluralism.]]>
<![CDATA[Reflecting on Kejawen: Javanese Esoteric Teachings in Indonesian National Development ]]>
<![CDATA[Muhammad Adiz Wasisto]]>
<![CDATA[ Udayana Journal of Law and Culture Vol 5 No 2 (2021) ]]>
Publisher : <![CDATA[Faculty of law Udayana University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24843/UJLC.2021.v05.i02.p01
<![CDATA[Kejawen as a concept of spirituality arose out of ancient Javanese society. Many Western scholars have used the term ‘Javanese mysticism’ to refer to Kejawen teachings, which focus on inward rather than outward religious expression and feeling. Kejawen teaching offers an esoteric understanding of religion and spirituality, one that seems to circulate mainly outside formal religious traditions. This paper demonstrates the significance of Kejawen teaching in spiritual, psychological, and social development in Indonesia, suggesting it has especial relevance to issues of peace and violence. Placing Kejawen in its context, this study shows that the national development in Indonesia after independence was influenced by the esoteric ideas of Kejawen, as portrayed in the national motto “unity in diversity”. This expression resembles the post-independence state ideology of Pancasila. Through analysis of key nationalist texts, themes linked to elements of Kejawen teachings are identified and analysed in this study. This is done by analysing key texts, including Soekarno’s independence speech, Pancasila, and other relevant materials from various available sources. The reader will find out more about the need for comprehensive symbolic and resource-based recognition of Kejawen teachings in Indonesian society.]]>
<![CDATA[Whether Sovereignty?: The Failure of Indonesia in Taking Over Flight Information Region from Singapore 2015-2019 ]]>
<![CDATA[Nabyla Humaira]]>;
<![CDATA[Adwani Adwani]]>;
<![CDATA[M. Yakub Aiyub Kadir]]>
<![CDATA[ Udayana Journal of Law and Culture Vol 5 No 2 (2021) ]]>
Publisher : <![CDATA[Faculty of law Udayana University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24843/UJLC.2021.v05.i02.p06
<![CDATA[The concept of ‘complete and exclusive sovereignty as defined in international and national law remains poses challenges, especially concerning the effort of Indonesia in taking over the Flight Information Region (FIR) from the Singapore context. The management of FIR by Singapore over the Riau Islands of Indonesia was begun during the British colonial period over Malay territory, which partly became a sovereign state of Singapore in 1965. However, under the syndrome of post-colonialism Indonesia has legalized it through the 1995 bilateral agreement between Indonesia and Singapore. On the other hand, since independence, Indonesia has gradually initiated to take over the FIR until the peak time of the 2015 Presidential Instruction which explicitly orders to take over the FIR of Singapore at the latest in the next four years (2015-2019). However, until the end of 2020, there had been no significant progress. This paper critically investigates such failure within the evolving concept of ‘sovereignty through the Third World Approach to International Law (TWAIL) paradigm in terms of the global justice system. It is proved that the meaning of ‘sovereignty in postcolonial states remains a political rhetoric as also known as ‘negative sovereignty’. Hence, this paper contributes to clarifying the meaning of sovereignty in the Indonesian context, so that a new awareness arises to increase the national capacity to take over FIR from Singapore, and hopefully, the ‘complete and exclusive’ meaning of sovereignty can be perceived in near future, for the maximum benefit of people in Indonesia.]]>
