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Udayana Journal of Law and Culture
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This is an Open Access Journal

Open Access journal
ISSN (Online) 2549-0680
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German Environmental Concerns on Carbon Offsetting and Reduction: How it
Deals with European and International Rules'
- Authors: Samuel Corbalán Arévalo
  Pages: 120 - 143
  Abstract: This paper analyzes the international climate protection instrument Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA), which is based on the International Civil Aviation Organization (ICAO) Assembly No. A39-3, and its relation to the European Union Emissions Trading System (EU-ETS) in aviation, which is based on Directive 2008/101/EC. It is still unclear whether or to what extent the already existing EU-ETS in aviation can continue due to CORSIA. Questions regarding the implementation, enforcement and practicability of the climate protection instruments remain. The aim of this paper is to present a comparative analysis of the two climate protection instruments. In particular, to explore the question of the legal relationship between CORSIA and the EU-ETS in aviation as well as the legal compatibility of the two climate protection instruments is essential. It will also explore how the European Union (EU) and especially Germany intends to implement CORSIA in parallel to the EU-ETS in aviation. Germany actively participates in international and European discussions and contributes towards harmonizing the implementation of CORSIA with the EU-ETS, however, implementing CORSIA raises environmental concerns and brings challenges due to conflicting European and international rules. Therefore, this paper explores how Germany manages these conflicts and strives to strike a balance between regional and global approaches to mitigate the environmental impact of aviation. This conceptual paper analyzes relevant international, European, German legal instruments and textbooks, journal articles, academic works, and reports.
  PubDate: 2023-07-31
  DOI: 10.24843/UJLC.2023.v07.i02.p05
  Issue No: Vol. 7, No. 2 (2023)
Safeguarding Indigenous Rights and Territories: Integrating Dayak Ngaju
Wisdom in Peatland Ecosystem Management
- Authors: Sumarni Sumarni, Muhammad Ery Wijaya, Astrid Meilasari Sugiana
  Pages: 121 - 140
  Abstract: In Indonesia, the legal system heavily favors state ownership of land, leading to the marginalization of Indigenous peoples and their traditional land management practices. The prioritization of economic development over environmental and cultural conservation has resulted in a limited understanding of the value of the peatland ecosystem for Indigenous Dayak communities, leading to inappropriate and ineffective peatland management policies. To address these challenges, this research adopts a descriptive qualitative approach, utilizing a cross-sectional research design that includes in-depth interviews and literature study to gather and analyze data from Indigenous Dayak Ngaju communities in Tumbang Nusa and Pilang villages, Pulang Pisau regency, Central Kalimantan province. The study uncovers that the Indigenous Dayak Ngaju community has established a zonation system for peatland use, comprising separate areas for settlement, farming, and forest protection (Pukung Pahewan). The creation of specific policies for managing sacred areas is crucial to preserving Indigenous values and practices. Moreover, the absence of free, prior, and informed consent in certain policies and programs, such as the Mega Rice project, Food Estate program, and Zero-burning policy, has caused social conflicts within the Indigenous Dayak community, leading to the destruction of their livelihoods. Despite existing laws in Indonesia that acknowledge the rights of Indigenous peoples and safeguard their customary lands, the implementation and enforcement of these laws have proven weak and inconsistent.
  PubDate: 2023-07-29
  DOI: 10.24843/UJLC.2023.v07.i02.p01
  Issue No: Vol. 7, No. 2 (2023)
Discourse on the Civil Rights of the Deaf People in Making a Notary Deed
- Authors: Ida Ayu Ratna Kumala, I Ketut Sudantra
  Pages: 141 - 158
  Abstract: It is generally said that disabled persons do not have proper access to justice and are not treated equally before the law. In Indonesia, the human rights approach has been incorporated into developing laws and policies for disabled persons. However, disabled people still face legal difficulties. This article aims to discuss the legal capacity of a deaf person to perform the legal action of making a deed before a notary in Indonesia from the perspectives of human rights, contracts, and notary laws. It reflects legal research that uses a statutory and conceptual approach. Primary legal materials are obtained from the national laws and regulations of Indonesia and relevant international legal instruments, while secondary legal materials are obtained from books, journal articles, and website content. The findings reveal that Indonesian national law generally recognizes the right of persons with disabilities, including deaf people, to perform civil law actions. In general, deaf people can sign a contract; however, there is no guarantee that they understand the communication process in making a deed. In this context, there are still obstacles related to the lack of sign language interpreters in Indonesia, which can complicate the transferring of information when making notarial deeds between deaf clients, notaries, and witnesses.
  PubDate: 2023-07-29
  DOI: 10.24843/UJLC.2023.v07.i02.p02
  Issue No: Vol. 7, No. 2 (2023)
Legal Issues Pertaining to High Altitude Platform Station Implementation
in Indonesia as an Archipelagic State
- Authors: Yaries Mahardika Putro, Ridha Aditya Nugraha, Taufik Rachmat Nugraha, Rio Christiawan, Aldhanti Bodhihanna, Jason Pratama Ong, Muhammad Revaldi Testarosa
  Pages: 144 - 164
  Abstract: Information is a necessity for the interests of government, the economy, social culture, as well as defense and security in the era of industrial revolution 4.0. Since 1976, the Indonesian government has been working on developing a satellite communication system starting with the Palapa A1 Satellite, followed by its subsequent generations. However, this system has limitations, particularly in providing coverage to rural areas in Indonesia. To address this issue, the government has started the procurement of the Wahana Dirgantara Super or High-Altitude Platform Station (HAPS) in Indonesia. HAPS are stations positioned at altitudes of 20 to 50 km above the Earth's surface. Given Indonesia's geographical location, HAPS is seen as the most suitable solution as it utilizes non-ground terrestrial technology to improve information and communication technology coverage in rural areas. However, the location on which the HAPS is positioned might trigger new issues, particularly with regard to state sovereignty and disruption of flight traffic. The operation of HAPS also needs further consideration so that the protection of personal data in Indonesia will not be disrupted. This article employs normative juridical research as a methodology. The research collected and analyzed primary sources in the form of law, regulation, and policy at the national and regional levels, as well as secondary sources that are available in textbooks, journal articles, and website content. This article aims to explain the development of HAPS regulations based on international law and national law and to examine the legal issues related to the procurement of HAPS in Indonesia . At the end, this article suggests that it is necessary to regulate HAPS in Indonesia with reference to aviation safety, security, and liability issues as well as maintaining state sovereignty and ensuring personal data protection.
  PubDate: 2023-07-31
  DOI: 10.24843/UJLC.2023.v07.i02.p06
  Issue No: Vol. 7, No. 2 (2023)
Now and Forward: Customer Deposit Insurance of Sharia Bank in Indonesia
- Authors: Nun Harrieti, Azlin Alisa Ahmad, Eidy Sandra, Fatmi Utarie
  Pages: 159 - 177
  Abstract: Sharia banking's characteristic, which underpins its activities on sharia principles, requires a customer protection mechanism in accordance with its characteristics, including customer deposit insurance. This study aims to determine the readiness of sharia banking regulations on customer deposit insurance in Indonesia to strengthen the protection mechanism for Sharia Banking Customers. This article is a normative juridical research that applies an analytical descriptive approach. The insurance for customer deposits of sharia bank in Indonesia is regulated explicitly in the Regulation of Deposit Insurance Cooperation No. 1 of 2020 concerning the Implementation of Sharia Bank Deposit Insurance and Resolution. The regulation determines that deposit insurance must be carried out through a kafalah contract between the Deposit Insurance Corporation and the Customer. However, it does not yet provide a specific arrangement regarding the protection of deposits on social funds in sharia banking. In the future, it is necessary to have regulations related to deposit insurance for social funds in sharia banking in implementing the social functions of sharia banking, especially as Sharia Financial Institutions-Recipients of Money Waqf and arrangement of Money Waqf Nazhir.
  PubDate: 2023-07-31
  DOI: 10.24843/UJLC.2023.v07.i02.p03
  Issue No: Vol. 7, No. 2 (2023)
Measuring Corruption Tendency in Exercising Authority of the Proxy of
Budget User: A Legal Culture Perspective
- Authors: I Made Sudarsana, AAA Ngurah Sri Rahayu Gorda
  Pages: 178 - 199
  Abstract: Presidential Regulation No. 12 of 2021 on the Amendment to Presidential Regulation No. 16 of 2018 on Government Procurement (PR 12/2021) expands the authority for the Proxy of Budget User (PBU) to become Commitment Making Officer. Consequently, the process of procuring government goods/services is controlled by a single person; such a condition can facilitate various forms of criminal acts, especially corruption. This study aims to analyze the dual position of PBU as a Commitment Making Officer, the tendency of corruption due to the expansion of PBU’s authority, and the reformulation of PBU’s authority in the future. It is normative juridical research that examines PR 12/2021 with a qualitative analysis approach. Amendment to the Presidential Regulation on Government Procurement includes the legitimacy of PBU as a Commitment Making Officer without any requirements as stated in the previous regulation. Among others, this study underlines that centralized authority will have implications for a more robust culture of corruption due to the absence of control from other parties. In future provisions, PBU may not hold a concurrent position as Commitment Making Officer in accordance with the principles of transparency and accountability. The culture of professionalism in the procurement of government goods/services needs to be improved to reduce the culture of corruption, collusion, and nepotism.
  PubDate: 2023-07-31
  DOI: 10.24843/UJLC.2023.v07.i02.p04
  Issue No: Vol. 7, No. 2 (2023)

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