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Udayana Journal of Law and Culture         E-ISSN 2549-0680 Vol. 3 No.2 July 2019 

 

PREFACE 
 

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, 



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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 

 

  

  



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LIST OF CONTENT 

 
Preface.................................................................................................... i 

List of Contents ................................................................................... iii 
 
The Diaspora Project on Education Sector: Cultivating Positive  

Perception of Indonesia Through International Education 
Ratih Indraswari and Nyoman Mas Aryani................................... 123-140 

Exclusive Distribution and Non-Compete Clause in Trade:  

Transnational Agreements in European Union and United States  
Noona Hanni ............................................................................... 141-163 

Competition Law and Policy Harmonisation: Its Relation  

to Fair Competition Realisation in ASEAN Single Aviation Market 
A. A. B. N. A. Surya Putra ............................................................ 164-183 
 

Indigenous Whaling Tradition in Faroe Islands under 
International Law 

Olivia Martha Setyonugroho, I Gede Pasek Eka Wisanjaya and Made 

Maharta Yasa .............................................................................. 184-203 

Has Financial Policy Intervention Benefited Local Society 
Affected by Natural Disaster?: Questioning the Utilitarian Approach  

Ketut Sukawati Lanang Putra Perbawa ....................................... 204-222