item: #1 of 82
id: ujlc-100782
author: Sudarsana, I Made; Rahayu Gorda, AAA Ngurah Sri
title: Measuring Corruption Tendency in Exercising Authority of the Proxy of Budget User: A Legal Culture Perspective
date: 2023-07-31
words: 10310
flesch: 39
summary: In order to create better government administration, especially in improving the quality of procurement services, the government should initiate electronic procurement that is expected to increase transparency and accountability and prevent corruption. 178-199 178 Measuring Corruption Tendency in Exercising Authority of the Proxy of Budget User: A Legal Culture Perspective I Made Sudarsana1, AAA Ngurah Sri Rahayu Gorda2 1,2 Faculty of Law Universitas Pendidikan Nasional, Denpasar, Indonesia Keywords Abstract Corruption; Legal culture; Government procurement.
keywords: authority; barang; budget; commitment; corruption; culture; goods; government; government goods; government procurement; hukum; jasa; journal; law; making; officer; pbu; pengadaan; procurement; public; services; state
cache: ujlc-100782.pdf
plain text: ujlc-100782.txt
item: #2 of 82
id: ujlc-101123
author: Corbalán Arévalo, Samuel
title: German Environmental Concerns on Carbon Offsetting and Reduction: How it Deals with European and International Rules?
date: 2023-07-31
words: 10784
flesch: 39
summary: 12 Efthymiou (2021) views emissions trading as a market-based policy tool that combines interests of economic efficiency and environmental issues.13 Regarding CORSIA, Gonçalves (2017) suggests that this international agreement does not promote the direct reduction of GHG International Civil Aviation Organization’s Obligation to Mitigate Climate Change,” Utrecht Law Review 16, no. 1 (2020): 102. 10 Liselotte Jensen, “Aviation's Contribution to European Union Climate Action Revision of EU ETS as regards Aviation,” European Parliamentary Research Service, June 2023, 3. 11 German Emissions Trading Authority, “Structure of the EU ETS,” https://www.dehst.de/EN/european-emissions-trading/understanding-emissions- trading/structure/structure_node.html. ICAO later responded by issuing a resolution on mitigating climate change.26 The Kyoto Protocol, as well as the EU-ETS, basically views the emission of Dagmar Nelissen et al, The Aviation and Maritime Sectors and the EU Emission Trading System (EU ETS):
keywords: air; aviation; carbon; climate; co2; corsia; directive; emissions; environmental; ets; eu ets; european; icao; international; law; protection; system; trading
cache: ujlc-101123.pdf
plain text: ujlc-101123.txt
item: #3 of 82
id: ujlc-101332
author: Sumarni, Sumarni; Ery Wijaya, Muhammad; Meilasari Sugiana, Astrid
title: Safeguarding Indigenous Rights and Territories: Integrating Dayak Ngaju Wisdom in Peatland Ecosystem Management
date: 2023-07-29
words: 8194
flesch: 36
summary: Safeguarding Indigenous Rights and Territories: Integrating Dayak Ngaju Wisdom in Peatland Ecosystem Management Sumarni, Muhammad Ery Wijaya and Astrid Meilasari Sugiana 124 The Mega Rice Project, initiated in 1995 by President Soeharto in Central Kalimantan, aimed to enhance food security but neglected the active involvement of Indigenous Dayak communities. This sense of obligation to help one another fosters a strong sense of community among the Dayak people.55 By fostering handep collaboration, the framework aims to create a more inclusive and equitable approach to peatland management, where the voices and rights of Indigenous Dayak communities are valued and integrated into decision-making processes.
keywords: communities; community; dayak; dayak ngaju; ecosystem; farming; forest; indonesia; journal; kalimantan; law; loc.cit; management; ngaju; peatland; people; recognition; rights
cache: ujlc-101332.pdf
plain text: ujlc-101332.txt
item: #4 of 82
id: ujlc-101684
author: Harrieti, Nun; Ahmad, Azlin Alisa; Sandra, Eidy; Utarie, Fatmi
title: Now and Forward: Customer Deposit Insurance of Sharia Bank in Indonesia
date: 2023-07-31
words: 8742
flesch: 41
summary: Moreover, social funds placed in Sharia banking deposits are crucial to protection. General provisions of the DSN-MUI fatwa No. 118/DSN-MUI/II/2018 stipulates that LPS is a legal entity established under law with a function to insure bank customer deposits and play an active role in maintaining the stability of the banking system in accordance with its authority.56
keywords: banking; banks; contract; customer; deposit; deposit insurance; dsn; fatwa; funds; indonesia; insurance; islamic; law; mui; savings; sharia; sharia banking
cache: ujlc-101684.pdf
plain text: ujlc-101684.txt
item: #5 of 82
id: ujlc-101690
author: Kumala, Ida Ayu Ratna; Sudantra, I Ketut
title: Discourse on the Civil Rights of the Deaf People in Making a Notary Deed
date: 2023-07-29
words: 8106
flesch: 39
summary: INTRODUCTION Indonesia has evinced genuine effort to guarantee the rights of disabled people by becoming a state party to the Convention on the Rights of Persons with Disabilities (CRPD) in 2011, followed by enacting Law No. 8 of 2016 concerning Persons with Disabilities (Law on Persons with Disabilities).1 Concurrent regulatory regimes across different sectors, rather than a uniform approach, have created outcomes that are inconsistent with the 1 See Dewa Gede Sudika Mangku, Ni Putu Rai Yuliartini, and I Wayan Lasmawan, “Legal Protection for People With Disabilities in Indonesia in the Perspective of Justice Theory,” Unnes Law Journal 8, no. 2 (2022): 248, 249, 258; and Vera Bararah Barid et al, “Legal Protection for Disabilities Persons with Language Limitations in Law Enforcement,” Jurnal HAM 13, no. 3 (2022): 642; and Ristania Intan Permatasari, Sapto Hermawan, and Abdul Kadir Jaelani, “Disabilities Concessions in Indonesia: Fundamental Problems and Solutions,” Legality: Jurnal Ilmiah Hukum 30, no. 2 (2022): 301-304. https://doi.org/10.24843/UJLC.2023.v07.i02.p02 https://doi.org/10.24843/UJLC.2023.v07.i02.p02 mailto:yugekkiran23@gmail.com mailto:yugekkiran23@gmail.com mailto:yugekkiran23@gmail.com mailto:ketut_sudantra@unud.ac.id http://creativecommons.org/licenses/by/4.0/ http://creativecommons.org/licenses/by/4.0/ Discourse on the Civil Rights of the Deaf People in Making a Notary Deed Ida Ayu Ratna Kumala, I Ketut Sudantra 142 proper and dignified treatment of persons with disabilities. The law was lastly amended by Law No. 2 of 2014.
keywords: capacity; civil; deaf; deed; disabilities; disability; hukum; human; indonesia; journal; language; law; notary; people; persons; rights; sign; social
cache: ujlc-101690.pdf
plain text: ujlc-101690.txt
item: #6 of 82
id: ujlc-28818
author: Lucia Berardinelli, Anna
title: Judicial Activism in Brazil”S Constitutional Court?: Studies in the Recognition of Brazilian Indigenous Tenure rights
date: 2017-01-30
words: 5699
flesch: 42
summary: Indigenous lands shall not be subject to lease, selling or any other act or busi- ness that could restrict the full and direct exercise of indigenous tenure;38 15) Hunting, fishing and gathering fruit as well as mining and agricultural activities are strictly prohibited on indigenous lands by any non-natives;39 16) Indigenous tenure, and all assets that come from it, is free of any charge from the Government, and enjoy full tax exemption, thus shall not be subjected to the collection of any taxes or fees;40 17) Abstract Small part of entire Brazil’s national territory has already been demarcated as indigenous land.
keywords: act; brazil; brazil`s; brazilian; constitution; court; judicial; land; law; natives; people; tenure
cache: ujlc-28818.pdf
plain text: ujlc-28818.txt
item: #7 of 82
id: ujlc-28819
author: Widiatedja, I Gusti Ngurah Parikesit
title: Incorporating Local Wisdom Into the Consumer Protection Legal Regime: A Comparison Between Indonesia And Australia
date: 2017-01-30
words: 5551
flesch: 41
summary: Fashion labels com- monly ripped off include Louis Vuitton, Chanel and Gucci.37 Equally important, consumer protection law also provides a class action mech- anism for private actors to assert their rights. Consumer protection is one of the most developed areas of law and has progressively adopted the rule of professional law,5 and the spirit of adversarial *
keywords: australia; consumer; globalization; goods; ibid; indonesia; journal; law; legal; protection; regulation; services; trade
cache: ujlc-28819.pdf
plain text: ujlc-28819.txt
item: #8 of 82
id: ujlc-28820
author: Jaka Triyana, Heribertus
title: National Wisdoms and the ASEAN Human Rights Legal Regime
date: 2017-01-30
words: 4436
flesch: 35
summary: LOcaL WISDOMS fOr aSeaN HUMaN rIGHTS TO DeveLOPMeNT aDvOcacY The adoption of local wisdoms for the application of ASEAN human rights norms and mechanisms can be seen in the ASEAN Agreement on Disaster Management Response (AADMER) which requires simplification of coordination and cooperation in terms of advocating human safety and security in South East Asian countries. In this context, ASEAN human rights system reforms state sovereignty in a modest way into ‘sovereignty as responsibility’.
keywords: approach; asean; development; disaster; human; international; law; management; rights; wisdoms
cache: ujlc-28820.pdf
plain text: ujlc-28820.txt
item: #9 of 82
id: ujlc-28851
author: Triari, Putri; Jones, Kali; Satyawati, Ni Gusti Ayu Dyah
title: Indigenous People, Economic Development and Sustainable Tourism: A Comparative Analysis between Bali, Indonesia and Australia
date: 2017-01-30
words: 5621
flesch: 36
summary: An example of a small organisation, which is built on the principle of indigenous sustainable tourism is Lirrwi tourism, an indigenous controlled company which explores Arnhem land with tourists. Since the enactment of land rights, the legal framework, which provides the foundation for growth in indigenous tourism, is spread amongst specific state and territory laws, broader national legislation and Government agencies. 25 Michelle Wranik, “Indigenous Tourism in Australia,”http://travel.cnn.com/sydney/visit/indige- nous-tourism-australia-906531.
keywords: act; australia; bali; development; indonesia; industry; land; law; people; rights; tourism
cache: ujlc-28851.pdf
plain text: ujlc-28851.txt
item: #10 of 82
id: ujlc-28852
author: Lammertse, Edgar
title: Global Justice: Building International and Supranational Structures on the Basis of Fundamental Rights
date: 2017-01-30
words: 6495
flesch: 47
summary: Although they are of a different nature, these is- sues play a key role in thinking towards the establishment of global legal systems and global justice. The sovereignty of States is a big obstacle towards the development of global legal systems that preside over and overrule individual states.
keywords: european; international; justice; law; people; rights; states; structures; systems; traditions; treaty; world
cache: ujlc-28852.pdf
plain text: ujlc-28852.txt
item: #11 of 82
id: ujlc-32149
author: Ramteke, Prerna S
title: Knitting the Future Story of Indian Women: Preventing Violence, Fostering Development, and Accelerating Empowerment
date: 2017-07-31
words: 8780
flesch: 37
summary: 112 Knitting the Future Story of Indian Women: Preventing Violence, Fostering Development, and Accelerating Empowerment Prerna S Ramteke circumstances that is aimed, among others, to cater to the primary need of shelter, food, clothing, medical treatment and care of the women in distress and who is without any social and economic support.89 It provides legal services, vocational training, medical facilities, and counselling for beneficiaries above 18 years of age who are deserted and are without any social and economic support, survivors of natural disasters, prisoners released from jail, victims of domestic violence, trafficked women/girls rescued, and women affected by HIV/AIDS.90 The Draft National Policy for Women 2016, ‘Articulating a Vision for Empowerment of Women, May 2016 ‘seems very promising for women development in India.91 Preventing Violence against Women in India This part describes legal issues of women in India, primarily based on the assumption that law, on one hand, can be a means to foster development, but on the other, can also be a barrier for women development in India.
keywords: act; article; development; empowerment; future; gender; government; ibid; india; journal; law; mainstreaming; national; nations; protection; research; story; united; violence; women
cache: ujlc-32149.pdf
plain text: ujlc-32149.txt
item: #12 of 82
id: ujlc-32151
author: divakaran, Ceilia
title: The Reasonable Person for Our Time for Reasonableness in a Heterogeneous Society
date: 2017-07-31
words: 10452
flesch: 42
summary: Keywords: Contemporising Reasonable person, equal justice for Aboriginal defendant, Reasonable person Test in Heterogeneous Society. However the provision calls on a sentencing judge to undertake a fundamentally different analysis when sentencing an Aboriginal person, because Aboriginal persons have unique circumstances.
keywords: aboriginal; accused; australia; bugmy; court; hca; ibid; journal; justice; law; loc.cit; person; r v; sentencing; society; test; time
cache: ujlc-32151.pdf
plain text: ujlc-32151.txt
item: #13 of 82
id: ujlc-32153
author: Powell, Claire
title: Comparison and Co-existence: Sources and Purpose of Authority in the Australian, Madayin and Talmudic Legal Systems
date: 2017-07-31
words: 6623
flesch: 43
summary: A wrong in common law systems such as Australian law broadly breaches individual legal rights and the law provides remedies on the basis of contested evidence. However, the development and influence of Talmudic law has continued, including the parallel operation of rabbinical courts alongside state civil courts, authorised in Israel to adjudicate personal law matters.62 It is understood that Madayin has been in existence since time immemorial, but is nevertheless a dynamic system, open to influence from Australian law, syncretic and also relative in that there are generally no hard and fast rules.
keywords: australia; authority; constitution; existence; international; journal; law; legal; madayin; op.cit; rights; sources; systems; talmudic
cache: ujlc-32153.pdf
plain text: ujlc-32153.txt
item: #14 of 82
id: ujlc-32180
author: Nalesti Dewi, Trihoni; Kwik, Jonathan; Watloly, Aholiab
title: The Strategic Role of Lembaga Adat Negeri in the Fulfilment of Victims’ Rights to Reparation in Post-Conflict Ambon
date: 2017-07-31
words: 10789
flesch: 43
summary: As will be discussed below, local Ambonese values are of significant importance for the Ambonese and should play a central part in the reparation process. This situation has irrevocably caused victims to experience difficulties in defending their rights to reparation, a problem that to this day remains relatively unsolved.1 The situation in Ambon, the capital city of Maluku Province (the Mollucas), is a telling example of legal discrimination caused by the inability of local victims to claim compensation or any form of remedy for the damage suffered during the 1999 Maluku sectarian conflict.
keywords: adat; adat law; adat negeri; ambon; ambonese; basudara; conflict; desa; hidop; ibid; law; lembaga; lembaga adat; maluku; negeri; orang; reconciliation; reparation; rights; role; victims
cache: ujlc-32180.pdf
plain text: ujlc-32180.txt
item: #15 of 82
id: ujlc-32588
author: Devi Salain, Made Suksma Prijandhini; Isles, David; Wairocana, I Gusti Ngurah
title: Regulating Indigenous Culture as a Tourism Economic Resource
date: 2017-07-31
words: 8724
flesch: 42
summary: The legal issue raised in this writing the lack of, or maybe the abstention of, a regulation that specifically regulates indigenous culture as a tourism economic resource. This article is aimed at describing and analyzing relevant international and national instruments that regulate the issues of indigenous culture and economic activities of tourism.
keywords: aboriginal; act; article; australia; bali; balinese; culture; desa; development; economic; government; indonesian; law; peoples; resource; rights; tourism; year
cache: ujlc-32588.pdf
plain text: ujlc-32588.txt
item: #16 of 82
id: ujlc-32688
author: Windia, Wayan P.
title: Front-matter
date: 2017-03-16
words: 505
flesch: 39
summary: 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. 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.
keywords: wisdom
cache: ujlc-32688.pdf
plain text: ujlc-32688.txt
item: #17 of 82
id: ujlc-35674
author: Romerosa, Peter G.
title: Appropriating Public Private Partnership in Senior High School Program: A Socio-Cultural Approach to Policy Making
date: 2018-05-25
words: 8293
flesch: 50
summary: For teachers, they always emphasize in their narratives the advantage of free senior high school for public school students. In this model, public school students are perceived as lazy and show lack of interest in schooling.
keywords: actors; education; making; partnership; policy; program; public; school; school program; shs; state; students; teachers
cache: ujlc-35674.pdf
plain text: ujlc-35674.txt
item: #18 of 82
id: ujlc-35678
author: Anggriawan Wisadha, Made Adhitya; Widyaningsih, Grita Anindarini
title: Human Rights and the Environmental Protection: The Naïveté in Environmental Culture
date: 2018-05-25
words: 10514
flesch: 48
summary: This paper viewed that human rights per se are justified by the human prudence58 which approached and strengthened by John Rawls, pretty akin to fairness, that is people need to secure their minimum standard of life as “each person claim primary goods as a matter of human right. 02 No.1, January 2018 77 Later on, R. R Churchill tried to identify the existing of environmental rights which thus presumed as lex lata in some of major environmental rights embodiment began in the International Covenant on Civil and Political Rights (ICCPR/1966) and the European Convention on Human Rights (1950) that actually the environmental rights derived merely from rights to life, property, land, etc.26 In line with that, according to the United Nations on Environmental Programme, there are three pri- mary legal dimensions of the relationship between human rights and environmental protection, they are: first, the environment as a precondition of full enjoyment of human rights, this further implies to States obligation to ensure the environmental protection in favour of fulfilling human rights.27 Second, environmental protection as procedural rights which endorse the value of information access, participation, access to justice in favour of environmental matters and decision-making.28 Third, the rights to environment as a human rights in it self29 which paid due scholarly attention to the ethical and legal debates.
keywords: approach; culture; environmental; human; international; journal; law; life; nations; nature; naïveté; new; op.cit; press; protection; rights; rights law; united; university; vol; york
cache: ujlc-35678.pdf
plain text: ujlc-35678.txt
item: #19 of 82
id: ujlc-35725
author: Christine Ndun, Hanna; Suttor, Sarah; Dike Widhiyaastuti, I Gusti Agung Ayu
title: Does Customary Law Discriminate Balinese Women’s Inheritance Rights?
date: 2018-05-25
words: 7461
flesch: 49
summary: Balinese inheritance law shows that the law has influenced much by the patriarchal principle causing some conditions applied to both biological son and adopted son, such as: 1. In Balinese inheritance laws, women, such as daughter and widow, commonly have no rights to be an heir and inherit an inheritance property.
keywords: balinese; community; hindu; hukum; indonesia; inheritance; inheritance law; inheritance rights; law; laws; property; rights; women
cache: ujlc-35725.pdf
plain text: ujlc-35725.txt
item: #20 of 82
id: ujlc-35771
author: Banu, Lukas; Gardiner, Matthew
title: The New Zealand’s Recognised Seasonal Employer Policy and the Contractual Rights of Indonesian Workers
date: 2018-05-25
words: 10195
flesch: 39
summary: The Act defines the contract as a written agreement between Indonesian migrant workers and a (foreign) employer that shall contain the terms of employment, rights and obli- gations of each party.39 This law determines the right of Indonesian migrant workers to get the original version of the employment agreement where they are one of the parties of the agreement40 and also obliges them to obey and performs jobs in conformity with the agreement.41 It also stipulates a general protection clause that recognizes the rights of Indo- nesian migrant worker candidates to be protected in accordance with Indonesian law in pre-placement, during the placement period, and after placement.42 Regarding the issue of the employment contract, this Act determines that the working relationship between employer and Indonesian migrant worker as an employee takes place after the employment agreement has agreed upon and signed by the parties. 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.
keywords: agreement; contract; dms; employer; employment; employment contract; government; indonesian; law; migrant; new zealand; placement; policy; protection; rights; rse; scheme; workers
cache: ujlc-35771.pdf
plain text: ujlc-35771.txt
item: #21 of 82
id: ujlc-37017
author: Windia, Wayan P
title: Front-Matter
date: 2017-11-30
words: 469
flesch: 45
summary: Lastly, we would like to express our great appreciation to all authors, submissioners, and Board of Editors who are scholars and legal professionals from Indonesia and abroad and also to the editorial members for their generous contribution in this edition. The fifth article describes a unique approach to fulfilling rights of the victims to obtain reparation after a horizontal conflict in Ambon, Indonesia.
keywords: article
cache: ujlc-37017.pdf
plain text: ujlc-37017.txt
item: #22 of 82
id: ujlc-38294
author: Mäkeläinen, Emma-Lotta; Toivonen, Sofia; Räsänen, Tiina
title: Proper, Weighty and Extremely Weighty Cause to End an Employment Contract in Finland
date: 2018-05-25
words: 11551
flesch: 48
summary: This article discusses the rules in Finland regarding the termination of employment contract. Background In Finland, työsopimuslaki (the Employment Contracts Act, 55/2001, TSL) regulates employment contracts.
keywords: cause; contracts; court; employee; employment contract; employment relationship; finland; grounds; law; op.cit; reason; termination; weighty; work
cache: ujlc-38294.pdf
plain text: ujlc-38294.txt
item: #23 of 82
id: ujlc-39905
author: Karista Putri, Luh Putu Yeyen; Gordon Withnall, Eric
title: Protecting the Village Credit Institution: Should Traditional Communities Adopt Modern Financial Management Practices?
date: 2018-07-31
words: 10839
flesch: 45
summary: Therefore, LPD Desa Pecatu hires a public accountant to audit its liquidity annually. For instance, LPD Desa Adat Pecatu offers several products, such as Saving Plus (Tabungan Ida Ngaben),51 Deposit Plus (Sibermas),52 and collateral free-loan (Kredit 48 Wayan P. Windia and Ketut Sudantra,
keywords: adat; article; bali; balinese; credit; desa; indonesia; institution; journal; law; lembaga; lpd; lpds; lplpd; management; monitoring; pecatu; protection; regulations; rules; village
cache: ujlc-39905.pdf
plain text: ujlc-39905.txt
item: #24 of 82
id: ujlc-39907
author: Budi Priambodo, Bono
title: Positioning Adat Law in the Indonesia’s Legal System: Historical Discourse and Current Development on Customary Law
date: 2018-07-31
words: 11332
flesch: 52
summary: Application of Adat Land Law Concept to National Land Law Based on this concept, “Adat land law contains legal stipulations that belong to private land law and administrative land law,” that result to “a structure and hi- erarchy of rights over land in Adat Law” as follows. Such shifting leads Adat law into an obscured relation between Adat Law and public laws in the era of the post-independence of Indonesia.
keywords: adat law; budi; community; constitution; development; discourse; hukum; ibid; indonesia; journal; land; land law; law; laws; national; op.cit; people; rights; state; supomo; system
cache: ujlc-39907.pdf
plain text: ujlc-39907.txt
item: #25 of 82
id: ujlc-39908
author: Sofian, Ahmad; Pratama, Bambang; Talerico, Chiara
title: Weighting Approaches on Online Sexual Abuse of Children: Cultural Prevention or Crime-Based Enforcement?
date: 2018-07-31
words: 11867
flesch: 44
summary: He made a critical assessment of the problem of Internet child sexual abuse and its governance through both French legal and non-legal means.17 In discussing French approach to child abuse regulation, he realizes that there appears not to be a single solution for the regulation of illegal and harmful content on the internet because countries defined child pornography offences in various ways and the meaning of ‘harmful’ will depend upon cultural differences.18 This study also recommends law-makers to develop forfeiture laws, similar to those used for drug traffickers, to seize the property of child pornographers and abusers to pass legislation prohibiting the mere possession of child pornography and to translate their criminal codes to facilitate international cooperation.19 Chawki, in a joint article with Yassin el Shazly, addresses the growing threat of sexual harassment in cyberspace and provides an overview of the issues and risks pertinent to sexual harassment and seeks to offer some solutions based on the necessity of pursuing a tri-fold policy encompassing strategic and regulatory, technical, and cultural approaches.20 In this research, Online child sexual abuse (OSAC) is meant in the broadest sense of the word: Any form of child sexual abuse, on or facilitated by the Internet.
keywords: abuse; approaches; article; child; child abuse; child pornography; children; convention; crime; criminal; enforcement; exploitation; indonesia; internet; journal; law; material; new; number; online; pornography; prevention
cache: ujlc-39908.pdf
plain text: ujlc-39908.txt
item: #26 of 82
id: ujlc-39909
author: Surya Putra, Anak Agung Bagus Ngurah Agung; Sarah White, Renee; Sarna, Kadek
title: Corporate Social Responsibility and Its Implementation in Tourism Industry: A Comparative Study between Indonesia and Australia
date: 2018-07-31
words: 15642
flesch: 39
summary: Case Study of Indonesia The following explanations will describe the regulation of CSR under the Indonesian Investment Act, Indonesian Limited Liability Company Act and its Implementing Regulation, the decision of Indonesian Constitutional Court concerning CSR issue. Case Study of Indonesia The following explanations will describe the regulation of CSR under the Indonesian Investment Act, Indonesian Limited Liability Company Act and its Implementing Regulation, the decision of Indonesian Constitutional Court concerning CSR issue.
keywords: act; agung; australia; bali; business; communities; companies; company; corporate; csr; development; human; ibid; implementation; indonesia; industries; law; responsibility; rights; tourism; tourism industry; tourism sector
cache: ujlc-39909.pdf
plain text: ujlc-39909.txt
item: #27 of 82
id: ujlc-39921
author: Windia, Wayan P
title: Front-Matter
date: 2018-01-31
words: 546
flesch: 43
summary: It provides a lens to policy making to further develop an understanding of 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. This article concludes that human ‘environmental’ rights could only set apart the intrinsic environmental values that will undeniably affect the foundation of policy making for further and the ecological denial of human embeddedness in nature.
keywords: policy; rights
cache: ujlc-39921.pdf
plain text: ujlc-39921.txt
item: #28 of 82
id: ujlc-40062
author: Sarjana, I Gede Eka
title: Climate Change and Human Migration: Towards More Humane Interpretation of Refugee
date: 2018-07-31
words: 17989
flesch: 36
summary: This article is concluded by reiterating and emphasizing that, although environmental refugees or climate refugees are not legally comprehended in the international legal framework, it is morally wrong for states and international organisations to leave them behind for a problem they did little or nothing to cause. This article is concluded by reiterating and emphasizing that, although environmental refugees or climate refugees are not legally comprehended in the international legal framework, it is morally wrong for states and international organisations to leave them behind for a problem they did little or nothing to cause.
keywords: change refugee; climate change; climate refugees; convention; countries; displacement; environmental; human; international; journal; law; migration; new; people; persecution; protection; refugee; refugee convention; term
cache: ujlc-40062.pdf
plain text: ujlc-40062.txt
item: #29 of 82
id: ujlc-41282
author: Windia, Wayan P
title: Front-Matter
date: 2018-07-31
words: 447
flesch: 46
summary: This article is very much coloured by academic and political debates on the existence of adat law before and after Indonesian independence. The First article shows how customary law in Bali, that for decades dealing with traditional life of the customary community, has to adapt to Indonesian national law as well as modern principles of banking system, when it regulates the activity of its customary-based economic institution: the Village Credit Institution (Lembaga Perkreditan Desa/LPD).
keywords: law
cache: ujlc-41282.pdf
plain text: ujlc-41282.txt
item: #30 of 82
id: ujlc-42711
author: Rahman, Hafiz; Oktavia, Sri; Besra, Eri
title: Psycho-Cultural Perspective on the Formation of Entrepreneurial Culture of Minangkabau Tribe in West Sumatra Indonesia
date: 2019-01-31
words: 11270
flesch: 40
summary: Another benefit is related to the well- known characteristics of Minangkabau people, which are described as people with spacious thinking, freedom of life to change the fate and to reach knowledge and wealth.38 Minangkabau people have positive habits to think carefully and correctly and analyze all knowledge critically – but still applying hospitality and the principle of friendliness as part of their basic character. Based on statistics, the population of West Sumatra Province is only around 5.26 million – about 1,98% of Indonesian population as a whole.4 The social system of the tribe, which is reflected by the relationship among family members, local norms and values, is one of the most important pillar in the life of Minangkabau people.
keywords: business; culture; dimension; entrepreneurial; entrepreneurship; hofstede; indonesia; minangkabau; minangkabau people; minangkabau tribe; people; power; society; sumatra; system; term; tribe; west
cache: ujlc-42711.pdf
plain text: ujlc-42711.txt
item: #31 of 82
id: ujlc-44164
author: Aryanti, Ni Wayan Desi
title: A Critical Analysis of Collaborative Law as a Dispute Settlement Mechanism
date: 2019-01-31
words: 7090
flesch: 44
summary: Cox’s survey found that of twenty-eight cases which employ mediation in conjunction with Collaborative Law, none of them was terminated.78Thus, combining mediation into Collaborative Law processes brings a positive impact. Mag (1998): 8-9. 8 David A. Hoffman, Collaborative Law in the World of Business, The Collaborative Law Review 6 (2003): 1. 9 Pauline H. Tesler, Collaborative Family Law, Pepp. Disp.
keywords: dispute; disqualification; family; law; lawyers; negotiation; op.cit; parties; provision; settlement
cache: ujlc-44164.pdf
plain text: ujlc-44164.txt
item: #32 of 82
id: ujlc-44474
author: Yofira Karunian, Alia; Halme, Helka; Söderholm, Ann-Marie
title: Data Profiling and Elections: Has Data-Driven Political Campaign Gone Too Far?
date: 2019-01-31
words: 10086
flesch: 25
summary: Furthermore, Section 2.2 provides a comparative analysis between the EU and Indonesia regulation on personal data protection, especially concerning the right of data subjects relating to data profiling for political purposes. However, unlike the EU GDPR which specifically provides the data subjects the right to information relating to profiling and establishes independent supervisory authority mechanism, all Indonesia’ssectoral regulations that mentions personal data protection that have been mentioned above, do not provide the data subjects with the right to information relating to data profiling and establish any independent supervisory mechanism.
keywords: analytica; articles; big; cambridge; campaign; data; data profiling; data protection; elections; gdpr; indonesia; information; international; january; law; personal; political; privacy; profiling; protection; right; year
cache: ujlc-44474.pdf
plain text: ujlc-44474.txt
item: #33 of 82
id: ujlc-44722
author: Salvatrice Randazzo, Maria
title: Chthonic Legal Traditions: A Standpoint Legal Research Paradigm for Comparative Analysis on Australian Indigenous Legal Orders
date: 2019-01-31
words: 11310
flesch: 35
summary: First, it provides a discussion on the scarcity of lack of any accurate contemporary work on a comparative methodology designed to analyse Indigenous legal orders, and on the issue of insider-outsider Indigenous research undertaken by a non- Indigenous researcher. This definition emphasises that methodology in research refers to the ‘reasoning that informs particular ways of doing research, or the principles underlying the organisation of research’.32 Regarding research into Indigenous legal orders, recent ground-making comparative scholarship has pointed out the inadequacy of current comparative law methodology to cope with the increasing complexity of stateless legal orders in a legal intercultural world.
keywords: analysis; australian; epistemology; ibid; journal; knowledge; law; orders; paradigm; press; research; research paradigm; social; standpoint; theory; traditions; university; world; worldviews
cache: ujlc-44722.pdf
plain text: ujlc-44722.txt
item: #34 of 82
id: ujlc-45066
author: Indraswari, Ratih; Aryani, Nyoman Mas
title: The Diaspora Project on Education Sector: Cultivating Positive Perception of Indonesia Through International Education
date: 2019-07-31
words: 7124
flesch: 35
summary: Discourse on Indonesia diaspora reached its peak on the establishment of Indonesia Diaspora Network in 2012. The issues concerning Indonesia diaspora rests heavily on fundamental issues of who is eligible to be called as diaspora?
keywords: citizenship; diaspora; diplomacy; education; foreign; indonesia; indonesianist; international; journal; law; mobility; public; regulation; research; students; year
cache: ujlc-45066.pdf
plain text: ujlc-45066.txt
item: #35 of 82
id: ujlc-45130
author: Wirasila, Anak Agung Ngurah; Takácová, Jana
title: Addressing Global and National Concerns into Local Actions: Reflecting Customary Institution’s Involvement in Combating Drug Abuses
date: 2019-01-31
words: 9406
flesch: 31
summary: Article 103 of the Indonesian Village Act further regulates that the authority of a customary village based on the rights of origins as referred to in Article 19 letter a shall include: a. regulation and implementation of government based on the original arrangement; b. regulation and management of communal or customary territories; c. preservation of the socio-cultural values of the customary village; d. settlement of customary disputes based on customary law in force in customary villages in areas that are in harmony with human rights principles by prioritizing settlement in consultation e. the organization of a peace trial for the customary village in accordance with the provisions of the laws and regulations; f. maintenance of peace and order in customary village communities based on customary law that has been applied in customary village; and g. the development of the life of customary law in accordance with the socio-cultural conditions of the customary village society. This article is aimed at exploring how customary institution in Bali-Indonesia, namely desa pakraman (customary village) is involved in any efforts of combating drug abuse, as a complementary means of the official measures taken by Indonesian agencies that responsible for this matter.
keywords: abuse; article; awig; bali; community; desa; drug; indonesia; involvement; law; narcotics; narkoba; national; pakraman; perarem; prevention; regulation; village; year
cache: ujlc-45130.pdf
plain text: ujlc-45130.txt
item: #36 of 82
id: ujlc-47356
author: Hanni, Noona
title: Exclusive Distribution and Non-Compete Clause in Trade: Transnational Agreements in European Union and United States
date: 2019-07-31
words: 10246
flesch: 42
summary: It is important to note that under EU law exclusive distribution agreements are often held to be lawful, mainly because of their vertical nature: if there is a distribution agreement concluded between two horizontal competitors it may be considered as horizontal cartel or illegal share of relevant markets.31 In EU law distribution agreements fall within the scope of Article 101 of the Treaty on the Functioning of the European Union. 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.
keywords: agreements; antitrust; clauses; competition; competition law; distribution; distribution agreements; european; law; market; non; restraints; states; trade; united
cache: ujlc-47356.pdf
plain text: ujlc-47356.txt
item: #37 of 82
id: ujlc-49230
author: Setyonugroho, Olivia Martha; Wisanjaya, I Gede Pasek Eka; Yasa, Made Maharta
title: Indigenous Whaling Tradition in Faroe Islands under International Law
date: 2019-07-31
words: 7941
flesch: 39
summary: Vol. 3, No. 2, July 2019, pp. 184-203 Available at: https://ojs.unud.ac.id/index.php/UJLC/issue/view/3223 E-ISSN 2549-0680 184 Indigenous Whaling Tradition in Faroe Islands under International Law Olivia Martha Setyonugroho Faculty of Law Udayana University, Bali-Indonesia I Gede Pasek Eka Wisanjaya Faculty of Law Udayana University, Bali-Indonesia Made Maharta Yasa Faculty of Law Udayana University, Bali-Indonesia Article Received: 14th May 2019; Accepted: 27th July 2019; Published: 31st July 2019 Abstract The issue of whaling has been extensively debated on various international occasions since it causes a decline in many of the world’s whale population. 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.
keywords: faroe; faroe islands; faroese; international; islands; iwc; law; peoples; pilot; res; resolution; rights; subsistence; tradition; whales; whaling
cache: ujlc-49230.pdf
plain text: ujlc-49230.txt
item: #38 of 82
id: ujlc-49722
author: Surya Putra, A. A. B. N. A.
title: Competition Law and Policy Harmonisation: Its Relation to Fair Competition Realisation in ASEAN Single Aviation Market
date: 2019-07-31
words: 9126
flesch: 43
summary: Unlike ASEAN, in which competition law is decentralised from States, the root of EU competition law comes from TFEU implemented domestically by national legislation in each EU Member State. Instead of having supranational regulation that would converge domestic legislations, the future of ASEAN competition law will be built upon domestic legislation.
keywords: air; asean; aviation; competition; competition law; harmonisation; international; law; laws; market; member; policy; regime; states
cache: ujlc-49722.pdf
plain text: ujlc-49722.txt
item: #39 of 82
id: ujlc-50701
author: Putra Perbawa, Ketut Sukawati Lanang
title: Has Financial Policy Intervention Benefited Local Society Affected by Natural Disaster?: Questioning the Utilitarian Approach
date: 2019-07-31
words: 7582
flesch: 33
summary: 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. Keywords: Natural disaster; financial service authority; financial relaxation policy; local society, utilitarian approach.
keywords: authority; bali; bank; credit; disaster; financial; financing; force; indonesia; karangasem; law; loan; majeure; ojk; policy; regency; regulation; services; society
cache: ujlc-50701.pdf
plain text: ujlc-50701.txt
item: #40 of 82
id: ujlc-50861
author: Devi Padmananda, Cokorda Istri Chandra; Suyatna, I Nyoman
title: What Indonesia Should Learn from China's Social Credit System?: Measuring Government Authorities and Citizen’s Privacy Rights
date: 2020-01-31
words: 6458
flesch: 29
summary: Keywords: Social Credit System; Government Authorities; Rights of Privacy; Peoples’ Republic of China; Republic of Indonesia. “What Indonesia Should Learn from China's Social Credit System?:
keywords: article; china; citizen; credit; credit system; data; government; indonesia; law; privacy; republic; rights; scs; social; system; year
cache: ujlc-50861.pdf
plain text: ujlc-50861.txt
item: #41 of 82
id: ujlc-51048
author: Subanda, I Nyoman; Budiana, I Nyoman; Eddy Supriyadinata Gorda, A.A.Ngr
title: The Implications of Village Regulation toward the Dualism of Local Leadership Dynamics
date: 2020-01-31
words: 9845
flesch: 41
summary: The authority of desa adat (customary village) and desa dinas (official administrative village) coincides with each other. Desa adat has functions in the field of culture, customs, and ritual traditions of Hindu religious life, while desa dinas plays its functions and roles in the field of bureaucracy in the level of official village, runs administrative roles, and becomes the part of regional government structure.6 In fact, nowadays customary villages have very strong bargaining positions both in the supra-local government and in the village government.
keywords: adat; administrative; bali; community; conflict; desa; desa adat; dualism; existence; government; indonesia; journal; law; leadership; number; nyoman; social; state; village; village government
cache: ujlc-51048.pdf
plain text: ujlc-51048.txt
item: #42 of 82
id: ujlc-51521
author: Windia, Wayan P
title: Front-Matter
date: 2019-07-31
words: 642
flesch: 39
summary: The current edition contains articles that represent the “The Dynamics of Global Society”. 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.
keywords: article; society
cache: ujlc-51521.pdf
plain text: ujlc-51521.txt
item: #43 of 82
id: ujlc-53130
author: Asmara Putra, Dewa Nyoman Rai; Sudiarawan, Kadek Agus; Mahartha, Ari
title: Interest Dispute Settlement Related to Workers’ Health Care Security in Indonesia
date: 2020-01-31
words: 8498
flesch: 42
summary: Abstract The enactment of Law Number 24 of 2011 concerning the Social Security Organizing Body (BPJS Law) has legal implications especially for employers and workers before the enactment of the BPJS Law, the Parties had already agreed that Private Health Insurance as an organizer of workers' health insurance on Collective Labor Agreement (CLA). The intended legal entity is the Implementing Agency of Social Security established under Law Number 24 Year 2011 concerning the Social Security Organizing Body (Badan Penyelenggaraan Jaminan Sosial or BPJS Law).
keywords: agreement; bpjs law; employer; enactment; health bpjs; health care; health insurance; hukum; indonesia; industrial; national; parties; security; social; workers
cache: ujlc-53130.pdf
plain text: ujlc-53130.txt
item: #44 of 82
id: ujlc-53849
author: Beintema, Bo Minou
title: “Girls Just Wanna Have Fun(damental) Human Rights:” How the Women’s Convention and Belgium combat Gender Stereotypes
date: 2020-01-31
words: 8736
flesch: 32
summary: It is equally important to note that gender inequality impacts women differently across the globe and gender can not be simplified into one big catch-all category of women uniting.7 In regards to Article 5 (a), this article aims to uncover the meaning behind “all appropriate measures” as meant by the Women’s Convention. Meaning, they should incorporate measures to influence the mindsets of people regarding gender equality through means such as education, the media and public information projects, for instance.
keywords: article; belgium; cedaw; convention; discrimination; equality; gender; human; law; measures; recommendation; rights; states; women
cache: ujlc-53849.pdf
plain text: ujlc-53849.txt
item: #45 of 82
id: ujlc-53885
author: Dananjaya, Nyoman Satyayudha; Kazuhiko, Fuchikawa
title: The Citizens’ Constitutional Rights Regarding Habitable and Wholesome Environment: Towards a Law State that Protects the Environment
date: 2020-01-31
words: 10533
flesch: 37
summary: Introduction The concept of law state has been thought of by philosophers and legal experts. This paper also explains the essence of the ideals law state by giving state guarantees to the protection of its citizens' constitutional rights.
keywords: act; article; citizens; concept; constitution; court; environment; government; human; indonesia; japan; law state; power; protection; rights; rule; state constitution
cache: ujlc-53885.pdf
plain text: ujlc-53885.txt
item: #46 of 82
id: ujlc-54090
author: Aiyub Kadir, M.Yakub; Firmanila, Firmanila
title: Reparating Women’s Rights Violation Within Aceh Truth and Reconciliation Commission (TRC)
date: 2020-01-31
words: 8756
flesch: 46
summary: Even though, women victims should be handled with certain treatment with the consideration there will take different evidence to prove their statement.62 The certain treatment refers to the action take by Aceh TRC in fulfilling the rights of women’s victims, such as the rights of rehabilitation is urgently required. Vol. 4, No. 1, January 2020, pp. 21-38 Available at: https://ojs.unud.ac.id/index.php/UJLC/issue/view/3398 E-ISSN 2549-0680 21 Reparating Women’s Rights Violation Within Aceh Truth and Reconciliation Commission (TRC) M. Ya’kub Aiyub Kadir* Faculty of Law, Syiah Kuala University, Aceh, Indonesia Firmanila** Faculty of Law, Syiah Kuala University, Aceh, Indonesia Article Received: 29th October 2019; Accepted: 22nd January 2020; Published: 31st January 2020 Abstract The establishment of Aceh TRC is based on the 2005 peace agreement between the Indonesian Government and the Free Aceh Movement (GAM), which then regulated under Act No. 11 year 2006 on Governing of Aceh, and was manifested through the Aceh Qanun No. 17 year 2013 on Aceh TRC.
keywords: aceh; aceh trc; commission; conflict; convention; human; international; law; reconciliation; rights; trc; truth; victims; violations; violence; women
cache: ujlc-54090.pdf
plain text: ujlc-54090.txt
item: #47 of 82
id: ujlc-57361
author: Sarna, Kadek; Ismail, Nurhasan; Supriyono, Harry
title: After the Trade Dispute: Is Indonesian Food Sovereignty Threatened?
date: 2020-07-30
words: 9079
flesch: 33
summary: Kadek Sarna* Doctoral Program (S3) at the Faculty of Law, Gadjah Mada University, Yogyakarta Nurhasan Ismail** Department of Agrarian Law at the Faculty of Law, Gadjah Mada University, Yogyakarta Harry Supriyono*** Department of Environmental Law at the Faculty of Law, Gadjah Mada University, Yogyakarta Article Received: 7th February 2020; Accepted: 22nd July 2020; Published: 30th July 2020 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.
keywords: agricultural; animal; animal products; article; concerning; dispute; food; food sovereignty; gatt; import; indonesia; law; new; products; sovereignty; trade; world; wto
cache: ujlc-57361.pdf
plain text: ujlc-57361.txt
item: #48 of 82
id: ujlc-58067
author: Wiyantari Sutaryantha, Md Putri; Kusumasari, Bevaola
title: Indigenous Collaborative Governance: An Understanding of Decision-Making Process at Desa Adat in Bali, Indonesia
date: 2020-07-30
words: 11422
flesch: 43
summary: As implemented by Desa Adat Peliatan, when they were confronted with a problem they have never encountered before, or something they are yet to make provision for in awig-awig, they would have to determine their stance by undertaking a Indigenous Collaborative Governance: An Understanding of Decision-Making Process at Desa Adat in Bali, Indonesia Md Putri Wiyantari Sutaryantha and Bevaola Kusumasari 132 decision-making process. An Understanding of Decision-Making Process at Desa Adat in Bali, Indonesia Md Putri Wiyantari Sutaryantha and Bevaola Kusumasari 138 the capacity and potential to influence others and contribute to the decision-making process at Desa Adat Peliatan.
keywords: adat peliatan; awig; bali; collaboration; community; decision; decision making; desa adat; governance; implementation; indonesia; journal; law; making; peliatan; process; public; research; sabha
cache: ujlc-58067.pdf
plain text: ujlc-58067.txt
item: #49 of 82
id: ujlc-58302
author: Suradi, Ahmad; Kenedi, John; Surahman, Buyung
title: Religious Tolerance in Multicultural Communities: Towards a Comprehensive Approach in Handling Social Conflict
date: 2020-07-30
words: 7644
flesch: 37
summary: 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. 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.
keywords: communities; community; conflict; culture; dan; groups; handling; indonesia; law; people; religion; social; society; theory; tolerance
cache: ujlc-58302.pdf
plain text: ujlc-58302.txt
item: #50 of 82
id: ujlc-59327
author: Arya Utama, I Made
title: Do Indonesian Laws and Policies on Covid-19 Countermeasures Action Reflect Legality?
date: 2020-07-30
words: 7979
flesch: 37
summary: It is also enshrined in some legislations, among others Law No. 39 of 1999 concerning Human Rights, Law No. 6 of 2018 concerning Health Quarantine, and Law 36 of 2009 concerning Health. In the implementation of the control of infectious diseases, authorized health personnel can inspect places where suspected vector and other disease sources are developing/proliferating.73 In terms of legal substance, Law No. 27 of 2007 concerning Disaster Management (Law of Disaster Management) can classify the spread of Covid- 19 as a non-natural disaster.74 This law determines that The government and regional government are responsible for the implementation of disaster management that consists of 3 stages, namely pre-disaster; emergency response period; and post-disaster.
keywords: article; countermeasures; covid-19; culture; disease; government; handling; health; hukum; human; ibid; indonesia; kesehatan; law; republic; right; social
cache: ujlc-59327.pdf
plain text: ujlc-59327.txt
item: #51 of 82
id: ujlc-59887
author: Lucia Berardinelli, Anna
title: The Application of Equity in Brazilian Court Decisions during the Covid-19 Pandemic: Are there any Obstacles?
date: 2020-07-30
words: 8292
flesch: 54
summary: In that kind of law case, when the demand is to force the State to provide the health care, usually the Courts base their decisions not only in the constitutional obligation, but also in evaluative equity, to justify that the eventual lack of resources from the State, could not justify the denial of a right. The Law of Introduction to the Rules of Brazilian Civil Law (LICC) provides that the application of the law, given “the social purposes to which the law is directed and the requirements of the common good” does not constitute an expression synonymous with equity, except in the conception that was expressed as evaluative equity.
keywords: application; article; brazilian; case; civil; court; covid-19; decisions; equity; judge; justice; law; pandemic; rio; system
cache: ujlc-59887.pdf
plain text: ujlc-59887.txt
item: #52 of 82
id: ujlc-60214
author: Fadli Prasetyo, Kukuh
title: Identifying Social Contexts Upon The Annual Homecoming Prohibition Due to The Covid-19 Outbreak
date: 2021-01-31
words: 8276
flesch: 38
summary: The fifth failure is addressed to the establishment of a contradictory law.37 Respectively, Fuller also condemns Rex‟s failure to avoid frequent changes of law that “the subject cannot orient his action by them”.38 The bottommost failure is that the inconsistency between the policy as enacted and the actual policy-implementation.39 It is clear that the conditions, either enabling or disabling laws to create social change, depends on how the public authorities of both policy- making and policy-implementing functions manage the advantages and limitations of law in producing social changes as briefly supplied above. 2.2. Secondly, the absence of an integrated punishment and the ad-hoc basis of policy-making reduce the capacity to create social changes.
keywords: change; covid-19; government; homecoming; hukum; indonesia; jakarta; law; mudik; new; op.cit; outbreak; people; policy; prohibition; regulation; social; society; transportation
cache: ujlc-60214.pdf
plain text: ujlc-60214.txt
item: #53 of 82
id: ujlc-61050
author: Wisnawa, Dewa Ketut
title: Hindu Legal Philosophy in Ngelinggihang Dewa Hyang Tradition: A Case Study in Jero Kuta Customary Village
date: 2021-01-31
words: 10047
flesch: 53
summary: Indonesia Abstract This article discusses Ngelinggihang Dewa Hyang ceremony in Gianyar Regency which is different from the traditions in other regions in Bali. 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.
keywords: bali; ceremony; community; culture; customary; customary village; dewa; dewa hyang; hindu; hindu law; hukum; hyang; hyang ceremony; indonesia; jero; journal; kuta; law; means; ngelinggihang; ngelinggihang dewa; pitara; village
cache: ujlc-61050.pdf
plain text: ujlc-61050.txt
item: #54 of 82
id: ujlc-61250
author: Asher, Rachael
title: Unresolved Injustice: An Examination of Indigenous Legal Issues in Australia
date: 2020-07-30
words: 10050
flesch: 46
summary: For example, comparative law can be used to: (1) compare the ‘legal culture’ of Australian Indigenous legal systems with the Australian legal system such as by exploring philosophies and the meaning of key terms; (2) ascertain and compare the legal rules of Australian Indigenous legal systems and the Australian legal system; and (3) identify where Australian Indigenous law either conflicts with, or operates in harmony with, Australian law or international legal principles.177 Furthermore, an analysis of such findings can then be used for two key purposes related to ILIs. Furthermore, the High Court recognised native title under the common law where the native rights and interests held by the original inhabitants under their traditional laws have subsisted.15 In consequence of this decision, the Commonwealth legislature passed the Native Title Act 1993 (Cth).16 This legislation enables native title claimants to make an application to the Federal Court for a decision on whether the claimant has recognisable native title rights.17 Native title are rights and interests which derive from Indigenous law and may be ‘… communal, group or individual rights and interests of Aboriginal peoples or Torres Strait Islanders in relation to land or waters …’ such as the right to hunt, fish or collect food.18 Findings have been made about the extent of native title recognition by reference to the Act in several Commonwealth court cases.19 In the Croker Island case,20 the High Court held that native title in relation to seas, including ‘… rights and interests in respect of the sea-bed and subsoil beyond low-water mark and the waters above that sea-bed …’ are recognisable under the common law.21 However, ‘exclusive’ native title rights and interests in relation to the sea cannot be recognised because recognition would create a conflict with concurrent ‘public and international rights’.22
keywords: aboriginal; act; australia; commonwealth; commonwealth law; cth; ibid; judgment; land; law; loc.cit; op.cit; para; rights
cache: ujlc-61250.pdf
plain text: ujlc-61250.txt
item: #55 of 82
id: ujlc-65279
author: Khairazi, Rifqon
title: Strengthening Regulations In Protecting Indonesian Migrant Workers Before Departing to the Destination Country
date: 2021-01-31
words: 7426
flesch: 34
summary: The next problem that potentially harms Indonesian migrant workers is the loophole in the Indonesian Migrant Worker Protection Law, which regulates that migrant workers can work abroad outside the placement implementing mechanism. This study analyzes the reasons and legal issues that cause Indonesian migrant workers to experience many violations of their rights, particularly in the pre-departure period.
keywords: country; employment; government; indonesia; journal; law; migrant; placement; protection; protection law; regulations; rights; workers; workers protection; working
cache: ujlc-65279.pdf
plain text: ujlc-65279.txt
item: #56 of 82
id: ujlc-65558
author: Putra, Ida Bagus Sudarma
title: Community Legal Awareness and Customary Sanction to Prevent Littering: How Penglipuran Village in Bali Makes Efforts?”
date: 2022-01-30
words: 8386
flesch: 45
summary: Udayana Journal of Law and Culture Vol. 6 No. 1, January 2022 25 laws of nature, the breach of customary law may cause bad luck.8 This customary sanction may also be regarded as customary criminal law.9 Penglipuran Village is a customary village in Bali Province, Indonesia. Penglipuran was also chosen as the third cleanest village in the world according to international magazine Boombastic, after Mawlynnong in India and Giethoorn in the Netherlands.13 One form of effective social control in the community is to apply customary law and impose customary sanctions.
keywords: awareness; awig; bali; community; culture; desa; efforts; hukum; indonesia; journal; law; littering; management; penglipuran; prayascita; sanctions; society; village; waste
cache: ujlc-65558.pdf
plain text: ujlc-65558.txt
item: #57 of 82
id: ujlc-65621
author: Saraswati, Luh Ayu Nadira; Hadi Santosa, Anak Agung Gede Duwira
title: Establishing a Regional-Owned Limited Liability Company: Would it Support an Integrated Tourism Management in Bali?
date: 2021-01-31
words: 6262
flesch: 39
summary: Another problem currently faced in Bali tourism development is spatial planning. The creation of exclusive and prestigious tourism areas has a positive impact on the community, such as creating job opportunities, generating income, and increasing the quality of the environment.3 high investment in the Nusa Dua area boosted the development of Bali tourism in general.
keywords: bali; company; daerah; development; government; hukum; journal; law; liability; llc; management; regional; tourism; tourism management
cache: ujlc-65621.pdf
plain text: ujlc-65621.txt
item: #58 of 82
id: ujlc-68707
author: Mahawira Nawagani, Ida Bagus; Amalia, Prita; Novianty Muchtar, Helitha
title: Countermeasures under the Agreement on Subsidies and Countervailing Measures: Between the Aircraft Manufacturing Industry and Society
date: 2021-04-05
words: 10891
flesch: 44
summary: WTO Agreement on Subsidies and Countervailing Measures: A Commentary, (Cambridge: Cambridge University Press, 2017), 243. 71 SCM Agreement, Art. 4.11. WTO Agreement on Subsidies and Countervailing Measures: A Commentary, Cambridge: Cambridge University Press, 2017.
keywords: agreement; aircraft; arbitrator; article; countermeasures; dsu; ibid; international; journal; law; level; para; scm agreement; states; subsidies; trade; wto
cache: ujlc-68707.pdf
plain text: ujlc-68707.txt
item: #59 of 82
id: ujlc-69638
author: Maharani Wibisono, Lutecia Zahra; Sadiawati, Diani
title: Protection of Migrant Workers in Suriname: How do Indonesian Representatives Implement International Labour Organization Conventions?
date: 2021-07-31
words: 6540
flesch: 32
summary: The article aims to analyze the role of Indonesian representatives to protect the rights of Indonesian migrant workers in Suriname based on the International Labour (ILO) conventions. Second, how is the function of Indonesian representatives to protect Indonesian migrant workers in Suriname?
keywords: convention; embassy; ilo; imw; indonesian; international; labour; law; migrant; organization; protection; rights; suriname; workers
cache: ujlc-69638.pdf
plain text: ujlc-69638.txt
item: #60 of 82
id: ujlc-71365
author: Wasisto, Muhammad Adiz
title: Reflecting on Kejawen: Javanese Esoteric Teachings in Indonesian National Development
date: 2021-07-31
words: 10701
flesch: 43
summary: 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.
keywords: culture; development; existence; human; indonesian; islam; islamic; javanese; jurnal; kejawen; kejawen teaching; law; national; pancasila; people; principle; religion; social; state; teaching
cache: ujlc-71365.pdf
plain text: ujlc-71365.txt
item: #61 of 82
id: ujlc-72156
author: Humaira, Nabyla; Adwani, Adwani; Aiyub Kadir, M. Yakub
title: Whether Sovereignty?: The Failure of Indonesia in Taking Over Flight Information Region from Singapore 2015-2019
date: 2021-07-31
words: 7403
flesch: 41
summary: Revisiting Self-Determination Conflicts in Indonesia: An International Law Perspective, Indonesia Law review, Vol 5 (2) 2015: 123-139. 20 Martono and Sudiro, op.cit., 64 21 Eddy Purnama, “The Meaning of Indonesia Sovereignty
keywords: agreement; air; aviation; fir; flight; indonesia; information; international; law; region; singapore; sovereignty; state; territory
cache: ujlc-72156.pdf
plain text: ujlc-72156.txt
item: #62 of 82
id: ujlc-72411
author: Uche, Nnawulezi; Bosede Remilekun, Adeuti
title: Human Rights of Migrants: From Desert Migration to Resettlement
date: 2021-07-31
words: 8906
flesch: 39
summary: At the regional levels, the African Charter on Human and Peoples Rights guarantees the right to a general satisfactory environment favourable to the development of all peoples, including migrants.24 Similarly, the above overview highlights that aside from existing law that provides protection for migrants, a significant institutional advancement that is complementary with the e xisting human rights instruments also provides different forms of human rights protection for migrant individuals which could be direct or indirect protection at home. Furthermore, as strangers, they are being denied basic rights, as well as denial of protection of their human rights at all times with the notion that they are strangers and not entitled to any form of human rights protection from their country of residence.
keywords: convention; country; desert; human; international; law; migrants; migration; origin; place; protection; refugees; resettlement; rights
cache: ujlc-72411.pdf
plain text: ujlc-72411.txt
item: #63 of 82
id: ujlc-72904
author: Richard Sianturi, Petrus; Pardede, Josua Navirio; Dwi Riadi, Septian
title: Rebalancing Religious Policy and the Concept of Public Sphere: Indonesia Cases
date: 2021-07-31
words: 9316
flesch: 41
summary: Religion and Society in Indonesia In the Indonesian context, religion and society have a unique relationship that is correlated with each other. Read Constitutional Court Decision No. 140/PUU-VII/2009, 1-3. Rebalancing Religious Policy and the Concept of Public Sphere: Indonesia Cases Petrus Richard Sianturi, Josua Navirio Pardede and Septian Dwi Riadi 128 is W. Cole Durham Jr, Emeritus Professor of Law at the J. Reuben Clark Law School of Brigham Young University, who stated that the International Covenant on Civil and Political Rights (ICCPR) has not limited any form of religion to the “big religion” as exist today, but also guarantee the protection of all religions as a “sub-division” of the big religion, any movement of new religious practice, Folklore religion, etc.39
keywords: agama; anti; blasphemy; concept; form; hukum; indonesia; islamic; jakarta; law; people; percent; point; policy; public; religion; research; secularization; society; sphere; state
cache: ujlc-72904.pdf
plain text: ujlc-72904.txt
item: #64 of 82
id: ujlc-74187
author: Sumerta Yasa, Putu Gede Arya
title: Distribution and Revenue Sharing of Natural Resources in Indonesia: Autonomous Region and Legal Pluralism Perspective
date: 2021-07-31
words: 5596
flesch: 41
summary: This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), 172 Distribution and Revenue Sharing of Natural Resources in Indonesia: Autonomous Region and Legal Pluralism Perspective Putu Gede Arya Sumerta Yasa* Faculty of Law, Universitas Udayana, Bali, Indonesia Abstract 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.
keywords: bali; daerah; dan; government; hukum; indonesia; law; mining; pluralism; regions; resources; revenue; sharing; state
cache: ujlc-74187.pdf
plain text: ujlc-74187.txt
item: #65 of 82
id: ujlc-75281
author: Purwaningsih, Putu
title: Protection for the Rights and Interests of Local Communities Adversely Affected by Multinational Energy Companies’ Activities
date: 2022-01-30
words: 9632
flesch: 31
summary: Inter-American Commission on Human Rights has noted some impacts created by oil exploitation activities such as production sites and waste pits built right next to people’s habitation, roads have been built through the traditional indigenous territory, seismic blasts have been detonated in hunting grounds, and sacred areas, such as certain lakes have been trespassed.22 The United Nations Declaration on the Rights of Indigenous Peoples mentions that indigenous people are protected by a full enjoyment of all human rights as recognized in the Universal Declaration of Human Rights (UDHR) and international human rights law.23 The Morocco-Nigeria BIT does not only include human rights provisions in its preamble but also regulates them in more detail in its body text.
keywords: activities; communities; energy; host; ibid; interests; international; investment; investors; journal; law; mncs; oecd; protection; provisions; rights; state
cache: ujlc-75281.pdf
plain text: ujlc-75281.txt
item: #66 of 82
id: ujlc-77194
author: Fadhiil, Muhammad Dzaki; Afriansyah, Arie
title: Strategic Development of Indonesia’s Outermost Islands as an Enhancement of National Maritime Defense and Sovereignty
date: 2022-01-30
words: 10790
flesch: 27
summary: Kementerian Pertahanan Republik Indonesia (Ministry of Defense of the Republic of Indonesia). 50 Nipa Island is an example of defense development on the outer islands of Indonesia and worries will disappear because of the reclamation project by Singapore .51 Apart from Singapore, a growing maritime issue is a border issue of the outmost island in Eastern Indonesia, which is adjacent to Australia.
keywords: area; border; dan; defense; development; government; indonesia; international; islands; law; management; maritime; national; ppkt; pulau; regulation; sea; security; sovereignty; state; strategic; territory; waters
cache: ujlc-77194.pdf
plain text: ujlc-77194.txt
item: #67 of 82
id: ujlc-78262
author: Utami Larasati, Nadia; Munabari, Fahlesa; Sumarwan, Untung
title: Prison Overcrowding: Alternative Sentencing in Indonesia’s Draft Criminal Code and Its Consequences on Correctional System
date: 2022-01-30
words: 7871
flesch: 40
summary: The discourse of alternative sentencing has recently gained increasing prominence in the Indonesian public with a view to addressing such problems amid the ongoing review of the Draft Criminal Code (Rancangan Kitab Undang-Undang Hukum Pidana/ RKUHP). This article aims to analyze alternative sentencing in the form of community service and probation penalties.
keywords: alternative; code; community; criminal; draft; implementation; imprisonment; indonesia; justice; law; prison; punishment; sentencing; social; system
cache: ujlc-78262.pdf
plain text: ujlc-78262.txt
item: #68 of 82
id: ujlc-78358
author: Widiatedja, I Gusti Ngurah Parikesit; Suyatna, I Nyoman
title: Job Creation Law and Foreign Direct Investment in Tourism in Indonesia: Is It Better than Before?
date: 2022-01-30
words: 8745
flesch: 34
summary: Despite the fact that it recognizes the non-discrimination principle and the right to tourism, the substance of Law No. 10 of 2009 concerning Tourism (Tourism Law) has yet to adopt the tourism perspective as a trade in services, which includes all of tourism's distinctiveness.50 This legislation product says nothing about the classification tourism as a service industry rather than a normal economic activity. Tourism Law
keywords: business; creation; creation law; development; economic; fdi; government; gusti; ibid; indonesia; investment; job; job creation; journal; law; laws; ngurah; regulations; tourism; tourism law
cache: ujlc-78358.pdf
plain text: ujlc-78358.txt
item: #69 of 82
id: ujlc-78389
author: Kharismawan, Gede Khrisna; Eka Wisanjaya, I Gede Pasek
title: Peaceful Utilization of Transboundary Reservoir in Continental Shelf of Ambalat
date: 2022-01-30
words: 7755
flesch: 41
summary: Based on the draft article on The Law of Transboundary Aquifers, there are several general legal principles related to the use of transboundary water resources, among others, equitable and reasonable utilization, duty not to cause significant harm, and duty to cooperate.31 In the utilization of transboundary resources, each state where resources are located has sovereignty over part of those resources or those within its territory. The Indonesia – Malaysia Ambalat Block Dispute.
keywords: agreement; ambalat; continental; countries; delimitation; development; gas; indonesia; international; joint; law; malaysia; model; resources; shelf; state; transboundary
cache: ujlc-78389.pdf
plain text: ujlc-78389.txt
item: #70 of 82
id: ujlc-80742
author: Amanda, Andi Putri; Wardah, Wardah
title: Measures on Chinese Products in Indonesia during the Covid-19 Pandemic: Why was Anti-Dumping Action Imposed?
date: 2022-07-29
words: 8283
flesch: 33
summary: Indonesia Anti-Dumping Committee. That will be improved and competitive goods in the domestic industries on the performance.48 It is different from other lines of trade protection from the WTO rules due to the fact that anti-dumping action is legal in the WTO and free from the non-discrimination clause, as an action to remedies if there has deemed to be unfair trade practice.49 However, during Covid-19, the GoI arranged the imposing of Anti-Dumping that simply targeted specific imports.
keywords: action; anti; china; chinese; covid-19; covid-19 pandemic; dumping; government; import; indonesia; investigation; kadi; law; pandemic; products; trade
cache: ujlc-80742.pdf
plain text: ujlc-80742.txt
item: #71 of 82
id: ujlc-80876
author: Yuniza, Mailinda Eka; Merdekawati, Agustina; Talitha Putri, Gilda; Abraham Guntur, Jeremy
title: Quo Vadis Regulation on Underwater Cultural Heritage in Indonesia: Balancing Conservation and Economic Interest
date: 2022-07-29
words: 9552
flesch: 38
summary: This conflict of regulations has been hampering the process of selling valuable cargo objects that actually are not classified as UCH object. At least, with marine salvage, some cultural heritage objects can be saved from being looted.55 The commercialization of UCH objects is legal in various Southeast Asian countries, such as Indonesia, the Philippines, Malaysia, and Vietnam, except Cambodia which has ratified the 2001 UNESCO Convention, and in other countries such as the United States where the government issues permit to private companies for the commercialization with profit sharing scheme.
keywords: auction; bmkt; cargo; cargo objects; conservation; convention; cultural; economic; heritage; heritage objects; indonesia; law; management; objects; regulation; ship; uch; underwater
cache: ujlc-80876.pdf
plain text: ujlc-80876.txt
item: #72 of 82
id: ujlc-83052
author: Natamiharja, Rudi; Melati Davey, Orima; Sabatira, Febryani; Rakhma Banjarani, Desia; Wierma Putri, Ria
title: Risk or License? Precautionary Principle’s Transition in Genetically Modified Organisms’ Benefits After Job Creation Law
date: 2022-07-29
words: 7590
flesch: 40
summary: Hence, based on Job Creation Law, a business activity that already utilizes GMOs is allowed to conduct its operation if the risk is assessed as low. Precautionary Principle's Transition in GMO's Benefits After Job Creation Law Rudi Natamihardja, Orima Melati Davey, Febryani Sabatira, Desia Rakhma Banjarani, Ria Wierma Putri 169 (AMDAL) or Environmental Impact Analysis (EIA).12 The later Law No. 11 of 2020 concerning Job Creation (Job Creation Law) has changed several provisions in the Environmental Law.
keywords: amdal; creation law; environment; food; gmos; health; implementation; indonesia; job; job creation; law; lingkungan; organisms; principle; products; regulation; risk; undang; use
cache: ujlc-83052.pdf
plain text: ujlc-83052.txt
item: #73 of 82
id: ujlc-84737
author: Dwi Erawati, Ambar; Dini Iswandari, Hargianti
title: Ownership of Medical Records in Indonesia: Discourse on Legal Certainty and Justice
date: 2022-07-29
words: 8992
flesch: 38
summary: Medical Informatics Study Program, Widya Husada Semarang University, Semarang, Indonesia Hargianti Dini Iswandari** Medical Informatics Study Program, Widya Husada Semarang University, Semarang, Indonesia Abstract Medical disputes between patients and health workers place medical records as a vital document for evidentiary in a court proceeding. This article concluded that the obligation of health workers to make medical records in proving that they have delivered properly a health service as stipulated in the law and regulations reflects a legal certainty.
keywords: art; care; certainty; health; health workers; hukum; indonesia; information; justice; law; medical; minister; patient; records; regulation; rights; services; workers
cache: ujlc-84737.pdf
plain text: ujlc-84737.txt
item: #74 of 82
id: ujlc-85688
author: Elonen, Otto
title: Redemption of Minority Shares and Related Fair Price Determination in the Finnish Legal System
date: 2022-07-29
words: 8886
flesch: 49
summary: The issue of minority share has also been widely studied by both economics and legal scholars from differs perspectives and interests.11 The topic of redemption share can be seen in some related contexts, for instance, on the issue of shareholder oppression.12 Redemption of shares is not only regulated in the Finnish legal system,13 as other countries‘ national legislation also covers the same concern that can be seen in some academic papers.14 Besides Finland, some EU countries such as Austria, Belgium, Lithuania, and Portugal also require additional conditions to be met for redemption – i.e. both illegal/abusive actions by other shareholders/the company, as well as other grounds for the exercise of the right, are applied.15 Similarly, Indonesian law recognizes a few situations in which share redemption may apply. Therefore, the meaning of fair price becomes a central issue to be discussed.
keywords: bid; company; finnish; law; lca; market price; minority; minority shares; price; redemption price; shares; takeover; takeover bid; value
cache: ujlc-85688.pdf
plain text: ujlc-85688.txt
item: #75 of 82
id: ujlc-86295
author: Mahadewi, I Gusti Agung Ika Laksmi; Padmawati, Ni Komang Tari; Rwa Jayantiari, I Gusti Agung Mas
title: Notary in Indonesia: How Are State Fundamental Values Reflected in Law and Professional Ethics?
date: 2022-07-29
words: 6943
flesch: 41
summary: This article concludes that the Indonesian legal system granted notary a status as a public official with the authority to make authentic deeds and other authorities as intended in Indonesian Notary Law. 7 Betty Ivana Prasetyawati and Paramita Prananingtyas, “Peran Kode Etik Notaris Dalam Membangun Integritas Notaris Di Era 4.0,” Notarius 15, no.1 (2022): 321. 8 Ahmad Yani and Taupiq Qurrahman, “The Authority of the Honorary Council of the Indonesian Notary Association in Imposing Sanctions for Violation of the Notary's Code of Ethics,” Veteran Law Review 4, no. 1 (2021): 4. https://ejournal.upnvj.ac.id/index.php/Velrev/issue/view/188 206 Purwaningsih conducted research that analyzes the enforcement of Indonesian Notary Law in the context of realizing a notary profession that reflects Pancasila values.9 While previous studies focus on the violation of the Code of Ethics of Notary and their sanctions, this paper aims to elaborate on a notary‟s position in the Indonesian legal system, and further, assess how Pancasila values and the Notary Ethics are reflected in the task of a notary.
keywords: assembly; association; code; dalam; deed; ethics; hukum; indonesia; law; notaris; notary; pancasila; state
cache: ujlc-86295.pdf
plain text: ujlc-86295.txt
item: #76 of 82
id: ujlc-90423
author: Khairunnisa, Ainna; Aiyub Kadir, M.Yakub; Mahfud, Mahfud
title: Addressing Crisis in Myanmar: The Role of NGOs in Promoting International Human Rights Standards
date: 2023-01-31
words: 8937
flesch: 36
summary: 30 Idowu Mopelola Ajibade, “A Synopsis: Rights, Responsibilities and Roles of Human Rights NGOs under International Law,” Responsibilities and Roles of Human Rights NGOs under International Law (2008): 3. 31 Kerstin Marten, op. cit., 17. 32 Frits Hondius, “Recognition and Protection of NGOs in International Law,” https://www.icnl.org/research/library/transnational_recognitionandprotectionofngos 33 Noam Schimmel, “The International Human Rights Law responsibilities of NGOs,” https://ohrh.law.ox.ac.uk/the-international-human-rights-law-responsibilities-of-ngos 34 Jan Wouters and Rossi Inggrid, “Human Rights NGOs: Role, Structure and Legal Status,” KU Leuven, Institute for International Law Working Paper, no. 14 (2001): 7. https://www.icnl.org/research/library/transnational_recognitionandprotectionofngos https://ohrh.law.ox.ac.uk/the-international-human-rights-law-responsibilities-of-ngos Udayana Journal of Law and Culture Vol. 7 No. 1, January 2023 88 In addition, NGO’s freedom of association is guaranteed by international human rights instruments (e.g., Universal Declaration of Human Rights35 and ICCPR36) as well as regional human rights instruments (e.g., African Charter on Human and Peoples’ Rights, 37 Article 11 of the European Convention on Human Rights and Fundamental Freedoms,38 and Article 16 of the American Convention on Human Rights.39 The Council of Europe (CoE) also recognizes the right to participation under The Committee of Minister Resolution 2003 on Participatory Status for International NGOs. “A Synopsis: Rights, Responsibilities and Roles of Human Rights NGOs under International Law.”
keywords: convention; genocide; human; international; journal; law; mahfud; myanmar; nations; ngos; organizations; rakhine; resolution; rights; rohingya; status; united
cache: ujlc-90423.pdf
plain text: ujlc-90423.txt
item: #77 of 82
id: ujlc-92470
author: Bedi, Shruti
title: The Indian Rape Law: Vocabulary of Protest, Reactionary Legislations and Quality of Equality Culture
date: 2023-01-30
words: 10848
flesch: 36
summary: Almost 54% of rape cases were of ‘consensual sex’ between young persons.73 The disruptive impact of criminal law on cases of consensual sex and other similar relationships is clearly visible.74 d. Medico-Legal Examination This is even though the Indian Supreme Court itself has limited the constitutional validity of the death penalty to rarest of rare cases.111 Flavia Agnes states that “the conviction rate in rape cases continues to be abysmally low even after the introduction of stringent punishment under POCSO, 2012.”112 Legislative amendments that are enacted in response to public fury and outrage demanding harsher punishments for harsh crimes “give legitimacy to the reductionist argument of harsher punishment for harsher crime, without truly engaging with the task of social reorganisation.
keywords: 2013; act; amendments; cases; court; criminal; culture; death; equality; india; journal; justice; law; penalty; public; punishment; rape; rape law; society; violence; women
cache: ujlc-92470.pdf
plain text: ujlc-92470.txt
item: #78 of 82
id: ujlc-92913
author: Palguna, I Dewa Gede; Hadi Santosa, Anak Agung Gede Duwira; Yasa, Made Maharta; Pramana, I Gede Pasek
title: Towards Quality and Sustainable Tourism in Bali: Should the Regional Master Plan be Adjusted?
date: 2023-01-30
words: 7099
flesch: 40
summary: Therefore, the revision of the master plan is urgent in order to achieve quality and sustainable Bali tourism. It is estimated that the losses caused by the pandemic to Bali tourism reached IDR 9,7 trillion every month, which of course, had a domino effect on other sectors in Bali.
keywords: bali; concept; covid-19; cultural; development; gede; indonesia; law; master plan; policy; province; quality; tourism; tourism development; tourism master
cache: ujlc-92913.pdf
plain text: ujlc-92913.txt
item: #79 of 82
id: ujlc-93040
author: Eissing, Christin
title: Distinguishing German Residential and Commercial Tenancy Law: Are Tenant and Landlord in an Equal Position?
date: 2023-01-30
words: 8058
flesch: 46
summary: German Tenancy Law distinguishes between commercial tenancy agreements and residential tenancy agreements. German Law Journal 21, no. 7 (2020): 1393-1410.
keywords: apartment; code; contract; german; journal; landlord; law; lease; rent; section; tenancy; tenancy law; tenant; termination
cache: ujlc-93040.pdf
plain text: ujlc-93040.txt
item: #80 of 82
id: ujlc-93784
author: Innaka, RA Antari; Jibril, Muhammad
title: Legal and Ethical Discourse of Saviour Sibling: How Should Indonesia Respond to this New Trend?
date: 2023-01-31
words: 8971
flesch: 47
summary: This paper conducts a comparative study in identifying and analyzing how saviour sibling is regulated in countries other than Indonesia. In Indonesia, the legal framework on health technology involving human subjects is still relatively lax in regulating saviour siblings.
keywords: bioethics; countries; embryos; ethics; health; human; indonesia; journal; law; medical; pgd; procedure; regulation; research; rights; saviour; sibling; technology
cache: ujlc-93784.pdf
plain text: ujlc-93784.txt
item: #81 of 82
id: ujlc-94094
author: Siagian, Abdhy Walid; Daffa Alghazali, Muhammad Syammakh
title: Towards Alternative Energy Sources: Is it Time to Switch to Nyamplung?
date: 2023-01-31
words: 7867
flesch: 30
summary: Indonesia Energy Outlook 2019. Indonesia Energy Outlook 2019 (Jakarta: Secretariat General of the National Energy Council, Ltd. 2019), 6. 43 Regulation of Minister of Energy and Mineral Resources
keywords: biodiesel; biofuel; change; climate; development; energy; indonesia; international; journal; law; mangrove; national; nyamplung; oil; palm; policy; regulation; resources; utilization
cache: ujlc-94094.pdf
plain text: ujlc-94094.txt
item: #82 of 82
id: ujlc-99382
author: Mahardika Putro, Yaries; Aditya Nugraha, Ridha; Rachmat Nugraha, Taufik; Christiawan, Rio; Bodhihanna, Aldhanti; Pratama Ong, Jason; Testarosa, Muhammad Revaldi
title: Legal Issues Pertaining to High Altitude Platform Station Implementation in Indonesia as an Archipelagic State
date: 2023-07-31
words: 9443
flesch: 44
summary: According to the results of his research, many private companies are currently developing HAPS technology in order to provide internet access to all regions, especially those that are not covered by terrestrial ground-based systems. It should be highlighted that the establishment of HAPS technology in Indonesia has the aim of ensuring 61 Anggoro K. Widiawan and Rahim Tafazolli, “High Altitude Platform Station (HAPS):
keywords: air; aircraft; altitude; communications; data; haps; indonesia; international; law; platform; regulation; security; sovereignty; space; state; station; system; technology; wireless
cache: ujlc-99382.pdf
plain text: ujlc-99382.txt