JournalTOCs

Udayana Journal of Law and Culture
Number of Followers: 0

This is an Open Access Journal

Open Access journal
ISSN (Online) 2549-0680
Published by Universitas Udayana

[62 journals]

Protection for the Rights and Interests of Local Communities Adversely
Affected by Multinational Energy Companies’ Activities
- Authors: Putu Purwaningsih
  Pages: 1 - 22
  Abstract: Foreign investments of Multinational Corporations (MNCs) bring several advantages for the host states where they operate. In the case of foreign investment in the energy sector, the business activities of MNCs have an impact on social and environmental issues that adversely affect the right and interests of the local communities. In terms of addressing such problems, some binding and non-binding international legal instruments were established and adopted by states and international organizations/bodies. This article discusses the sufficiency of the protection provided by international law for the local communities adversely affected by MNCs in the energy sector especially with regards to human rights, environmental, and anti-corruption matters. This article argues that protection of the rights and interests of local communities from the activities of MNCs are developed through an international legal framework, both general and bilateral treaties, as well as the national law of host States.
  PubDate: 2022-01-30
  DOI: 10.24843/UJLC.2022.v06.i01.p01
  Issue No: Vol. 6, No. 1 (2022)
Community Legal Awareness and Customary Sanction to Prevent Littering: How
Penglipuran Village in Bali Makes Efforts'”
- Authors: Ida Bagus Sudarma Putra
  Pages: 23 - 41
  Abstract: Penglipuran is a customary village in Bali that traditionally imposes a customary sanction for villagers who litter waste in the territory of the village in the form of holding a prayascita ceremony. This article aims to analyze the existence of prayascita customary sanctions in Penglipuran Village, the efforts to overcome littering in the village territory, and the implications of such sanctions on the legal awareness of the community. This paper combines a religious based-research in social-humanities and empirical juridical research that analyzes data and legal sources in descriptive, qualitative, and systematic methods. This research revealed that prayascita customary sanction is imposed on anyone who is decided guilty for littering in a village meeting, entails that he/she has to hold a prayascita ceremony that takes place in the village’s catus pata (crossroad). The efforts of Penglipuran Village to tackle littering problems are overseeing and maintaining the sanctity, sustainability, cleanliness, and orderliness of the area of ''the village. The programs and facilities that are implemented to control littering practice in this article can be divided into preventive and repressive measures. In terms of legal awareness, the village community has generally obeyed the customary rules. It is proven by the absence of people who have been imposed prayascita customary sanctions. It may be assessed that village members have a high community legal awareness to sort waste and put it in the rubbish bin. Therefore, the sanction to hold a prayascita ceremony has never happened until now. This indicates that a clean living culture has been well internalized by the community.
  PubDate: 2022-01-30
  DOI: 10.24843/UJLC.2022.v06.i01.p02
  Issue No: Vol. 6, No. 1 (2022)
Prison Overcrowding: Alternative Sentencing in Indonesia’s Draft
Criminal Code and Its Consequences on Correctional System
- Authors: Nadia Utami Larasati, Fahlesa Munabari, Untung Sumarwan
  Pages: 42 - 61
  Abstract: Imprisonment is often the most preferred choice of punishment in the eyes of law enforcement officers. As a result, prison overcrowding is inevitable and leads to the emergence of various problems in prisons. 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. It discusses the role and strategic measures taken by the Indonesian correctional system related to the performance of community correctional counselors in order to prepare for the implementation of alternative sentencing in the future. Employing a qualitative method, this study shows that alternative sentencing is principally in line with the concept of social reintegration and the philosophy of the current Indonesian Correctional Institution (Lembaga Pemasyarakatan). The correctional system in the country has also begun to take strategic measures to respond to the future implementation of the alternative sentencing in the RKUHP by means of updating the legal framework and improving infrastructure as well as the quality of human resources in accordance with the framework of community-based corrections.
  PubDate: 2022-01-30
  DOI: 10.24843/UJLC.2021.v06.i01.p03
  Issue No: Vol. 6, No. 1 (2022)
Job Creation Law and Foreign Direct Investment in Tourism in Indonesia: Is
It Better than Before'
- Authors: I Gusti Ngurah Parikesit Widiatedja, I Nyoman Suyatna
  Pages: 62 - 82
  Abstract: Foreign direct investment plays a critical role in a host country's economic development. Tourism, with its distinct character as a service business, is one of the most appealing investment industries. It has made a substantial contribution to the creation of jobs, tax revenue, and domestic value-added. The existence of domestic laws and regulations is critical in determining the extent to which a country's performance in getting benefits from investment can be maximized while reducing the negative impact. This article is aimed to examine whether the newly-enacted Job Creation Law provides a better arrangement on foreign direct investment in tourism compared to the previous laws and regulations. This article employs a normative approach by analyzing relevant laws and regulations concerning foreign direct investment in tourism in Indonesia. By looking at aspects on the choice of business fields, the issuance of business permit, land ownership, and labour, this article contends that Job Creation Law fails to provide integrated and comprehensive arrangements on the existence of foreign direct investment in tourism.
  PubDate: 2022-01-30
  DOI: 10.24843/UJLC.2022.v06.i01.p04
  Issue No: Vol. 6, No. 1 (2022)
Strategic Development of Indonesia’s Outermost Islands as an Enhancement
of National Maritime Defense and Sovereignty
- Authors: Muhammad Dzaki Fadhiil, Arie Afriansyah
  Pages: 83 - 107
  Abstract: The Republic of Indonesia as an archipelagic country has strategic territorial waters and a wealth of maritime resources. Indonesia's strategic position creates an area that has the outermost islands in the national border area. The outer islands of Indonesia are national natural resources to be utilized for their potential through the development of maritime resources. The huge potential of Indonesia's territory demands the development of the outer islands through economic improvement, investment, and tourism. The responsibility of the state in maximizing the potential of Indonesia's outermost region from a legal perspective is to maximize the determination of maritime boundaries in protecting the nation's sovereignty based on international law and national law. The article aims to analyze the projections of the Indonesian Government on the development of the outermost islands in strengthening maritime sovereignty as a form of anticipating violations of sovereignty. This paper argues that national defense maximizes and complements the implementation of the economy, investment, and tourism. Thus, the problem that arises is how the Indonesian Government's policy towards the development of the outermost islands is based on the aspect of national defense in increasing the economic, investment and tourism potential in the outer islands of Indonesia. The development of the outer islands is a holistic focus of the Indonesian Government in increasing economic potential, investment and tourism and ensuring national sovereignty through increasing national defense.
  PubDate: 2022-01-30
  DOI: 10.24843/UJLC.2022.v06.i01.p05
  Issue No: Vol. 6, No. 1 (2022)
Peaceful Utilization of Transboundary Reservoir in Continental Shelf of
Ambalat
- Authors: Gede Khrisna Kharismawan, I Gede Pasek Eka Wisanjaya
  Pages: 108 - 124
  Abstract: Maritime boundaries between Indonesia and Malaysia in Ambalat have not been settled yet. This block is located on a continental shelf that is rich in transboundary reservoirs of hydrocarbons such as oil and gas. Malaysia as a coastal state wants to apply archipelagic state’s boundary, whereas Indonesia as an archipelagic state has applied for an extension of its continental shelf to the United Nations. Therefore, there is still unsettling business to be done in this area to fully utilize transboundary reservoirs in peace. This article aims to seek for way of solving the recurring conflict and utilizing transboundary reservoir in peaceful manner. This article is formulated using normative legal research based on statute, case, and conceptual approaches. This article concludes that differences between states on setting its boundaries is based on interpretation and is driven by economic value of resources, while there is opportunity to peacefully utilize transboundary reservoir by means of joint development based on international practices.
  PubDate: 2022-01-30
  DOI: 10.24843/UJLC.2022.v06.i01.p06
  Issue No: Vol. 6, No. 1 (2022)