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Udayana Journal of Law and Culture
Published by Universitas Udayana
ISSN : -     EISSN : 25490680     DOI : -
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 58 Documents
The Diaspora Project on Education Sector: Cultivating Positive Perception of Indonesia Through International Education Indraswari, Ratih; Aryani, Nyoman Mas
Udayana Journal of Law and Culture Vol 3 No 2 (2019): The Dynamics of Global Society
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (850.877 KB) | DOI: 10.24843/UJLC.2019.v03.i02.p01

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (804.467 KB) | DOI: 10.24843/UJLC.2019.v03.i02.p02

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (737.52 KB) | DOI: 10.24843/UJLC.2019.v03.i02.p05

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (780.043 KB) | DOI: 10.24843/UJLC.2019.v03.i02.p04

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (753.077 KB) | DOI: 10.24843/UJLC.2019.v03.i02.p03

Abstract

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.
Front-Matter Windia, Wayan P
Udayana Journal of Law and Culture Vol 3 No 2 (2019): The Dynamics of Global Society
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (277.332 KB)

Abstract

The current edition contains articles that represent the “The Dynamics of Global Society”. It is generally understood that the current global society comprises ‘traditional’ actors such as States and International Organizations and other emerging actors that may play a key role in global interactions. The first article tries to advance the issue of diaspora that faced by almost all countries in the world due to the freedom of movement of persons by taking an example of Indonesian Diaspora. The idea of developing a new diaspora category, called as a “special friends of Indonesia’ (Indonesianist), seems not supported by the current law and regulation. Whatsoever, in a view of that this category would conceptually not become a utopia, this article argues that student mobility programs may be a means of nurturing of future Indonesianist. The second and third articles reveal global economic competitions, as a reality of the global society dynamics,  that have an impact in the field of both private and public laws. The second article analyzes the differences in legislation of vertical restraints in the European Union (EU) and the United States (US). It offers a relatively balanced perspective by assessing that exclusive distribution and non-compete clauses may have both positive and negative effects on international markets.  The example of competition law in the EU has also been addressed in the third article which discusses the approach used in ASEAN single aviation market competition laws. On one hand, this article moderately acknowledges regional enforcement as a means of preventing and opposing unfair competition, but on the other hand, it also proposes the adoption of the concept of international comity as an achievable alternative to existing ASEAN competition laws. The fourth article supports the right of Faroese indigenous peoples in continuing their whaling tradition that re-contextualize the cultural behavior of actors in international law. As it is generally known, the global society is quite diametrically separated between those who consider that such whaling activities are understandable in the context of research and tradition and those who strongly advocate the termination of whaling as represented by environment and nature non-governmental organizations. The topic presented in the last article may not genuinely link to the meaning of a global society as it discusses the financial policy which was taken in responding to the natural disaster. There may be a little connection, in which the economic problems faced by local residents of Karangasem Regency in Bali, especially those who work in the tourism industry, occurred because of the decreasing number of foreign tourist visits. This article also establishes an argument that the social and cultural life of the local society should be taken into account when relevant authorities adopt a financial policy. I would like to express my gratitude to all authors, editors, and reviewers from many countries for their valuable contribution to the present edition. I do believe that there will be more high-quality papers to be submitted to, and publish by, UJLC for the next editions. Editor in Chief
National Wisdoms and the ASEAN Human Rights Legal Regime Jaka Triyana, Heribertus
Udayana Journal of Law and Culture Vol 1 No 1 (2017): Transforming Local Wisdom
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (356.178 KB) | DOI: 10.24843/UJLC.2017.v01.i01.p04

Abstract

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.
Protecting the Village Credit Institution: Should Traditional Communities Adopt Modern Financial Management Practices? Karista Putri, Luh Putu Yeyen; Gordon Withnall, Eric
Udayana Journal of Law and Culture Vol 2 No 2 (2018): Encouraging Cultural Approach to Law
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (794.431 KB) | DOI: 10.24843/UJLC.2018.v02.i02.p01

Abstract

A Lembaga Perkreditan Desa (Village Credit Institution or LPD) is a type of financial institution that is associated with a Balinese customary village. LPDs face competing pressures to both maintain their traditional character and align themselves with national standards for financial management. This article establishes the hybrid legal character of LPDs (under Balinese customary law and Indonesian national law) in order to analyse their evident shortcomings, being the vulnerability of some monitoring and protection systems to misappropriation. We rely on normative legal research methods, including statutory analysis and analysis of case studies. We examine the LPD Regulations and Balinese customary law, supplemented by interviews on issues of relevance. We conclude that the recognition of LPDs under the law, given the fundamental basis of the LPD in the customary village, ought to be given primacy to their status under Balinese customary law. However, the monitoring and protection systems of LPDs must be improved and uniform standards must be enforced – otherwise, their customers will simply use other financial institutions. We also conclude that it is possible to improve management practices while respecting the autonomy of customary villages. Therefore, we assert that properly implemented measures will make a direct intervention from government unnecessary.
Comparison and Co-existence: Sources and Purpose of Authority in the Australian, Madayin and Talmudic Legal Systems Powell, Claire
Udayana Journal of Law and Culture Vol 1 No 2 (2017): Rights of the Vulnerable Groups
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (704.603 KB) | DOI: 10.24843/UJLC.2017.v01.i02.p04

Abstract

This article will compare Australian, Madayin and Talmudic law in terms of their respective sources and purposes. It will focus on the characterisation of each system to highlight conceptual similarities and differences which affect their operation and, in particular, their commensurability with other systems. Specific areas of law concerned with coexistence are identified as being both crucial and particularly problematic. Notwithstanding Australian government statements and High Court rulings asserting the sovereignty of Australian law, it will be argued that no legal system is self-contained Accommodations are essential and require legislators to grapple with the difficulties of reconciling differing conceptualisations using an informed comparative framework. Talmudic law is considered here as an example of a system which has demonstrated the ability to coexist adaptively with a variety of other systems without compromising its integrity.
Front-matter Windia, Wayan P.
Udayana Journal of Law and Culture Vol 1 No 1 (2017): Transforming Local Wisdom
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (809.865 KB)

Abstract

We are very grateful to launch the first edition of Udayana Journal of Law and Culture. This new journal offers a distinctive legal insight as it makes links to culture. ‘Transforming Local Wisdom’ has been chosen as the central topic of this edition in order to give a wider space for writers to discover and reveal any values and wisdom that exist in various types of communities that may have impacts to the creation, implementation,and enforcement of law. This topic has also been expected to encourage authors to scrutinize, or even criticize any local practices that may not be regarded as wisdom for the reason of incompatibility with laws and regulations. The five articles published in this edition were selected from many articles that have been received by the editors. The first and second articles discuss the situation faced by indigenous people with regards to their constitutional and legal rights over the land and participation in economic activities. The first article discusses constitutional apllication and interpretation on the indigenous tenure lands that have been functionally and culturally occupied by Brazilian Natives while the second one talks about legal concept of sustainable tourism that is expected to empower the economic ability of indigenous people, both in Bali-Indonesia and Australia, to harness the advantages of tourism. A comparative study between Indonesia and Australia is not only discussed in the second article but also deliberated in the third article, focuses on the incorporation of local wisdom into the consumer protection legal regime and argues that such incorporation encourages the receptiveness of globalization and the convergence of consumer protection in Indonesia and Australia. The forth article discovers that wisdom has been construed in legal manner creating a distinct ASEAN human rights regime. In addition, it argues that local wisdom has been formalised in order to create a distinct sub regional human rights norms and mechanisms contextualising way of life of the Southeast Asian peoples. Human rights in Southeast Asian context in the forth article may be linked with fundamental rights in the global and European contexts, as discussed in fifth article. Beside elaborating the issue of fundamental rights, this essay also critically talks about the issue of local wisdom by arguing that the incorporation of local wisdom and philosophies that are traditional and typical for a limited group is in conflict with the idea that global justice requires the adoption of commonly accepted principles. We expect this edition will encourage academicians and practitioners all over the world to contribute their articles to the UJLC for the upcoming edition. Lastly, we would like express our great appreciation to all authors, submissioners, and Board of Editors who are scholars from universities in Indonesia, Australia, the Netherlands, and the United States of America, and also the editorial members for their kindly cooperation in the completion of the first UJLC edition.