Udayana journal of law and culture最新文献

Freedom of Expression on Social Media in Indonesia: Why are the limitations imposed? 印度尼西亚社交媒体上的言论自由：为什么要施加限制？

Udayana journal of law and culture Pub Date : 2024-01-31 DOI: 10.24843/ujlc.2024.v08.i01.p06

I. Gede, Pasek Eka Wisanjaya, Putri Bella, Rosy Widodo

{"title":"Freedom of Expression on Social Media in Indonesia: Why are the limitations imposed?","authors":"I. Gede, Pasek Eka Wisanjaya, Putri Bella, Rosy Widodo","doi":"10.24843/ujlc.2024.v08.i01.p06","DOIUrl":"https://doi.org/10.24843/ujlc.2024.v08.i01.p06","url":null,"abstract":"As part of the fundamental human rights, the right to freedom of expression is neither absolute nor unlimited; there are limitations on exercising this right in the context of the democratic rule of law. Presently, the exercise of the right to freedom of expression in social media has been misused by the emergence of fake news or information (hoaxes). The limitations to exercising the right, as stipulated under the Indonesian national laws such as the 1945 Constitution of the Republic of Indonesia, Law No. 12 of 2005 concerning the Ratification of the International Covenant on Civil and Political Rights, Law No. 39 of 1999 concerning Human Rights, and Law No. 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning Information and Electronic Transactions, are aimed at respecting and protecting the dignity of individuals or other people and protecting the public interest and national security. This article aims to discuss the impact of entities outside Indonesian sovereignty on implementing legal norms limiting the exercise of the right to freedom of expression in social media and the implementation of the norms under Indonesian national law. The method used is normative legal research using a statutory, case, and fact approach. The analysis shows that limitations on exercising the right to freedom of expression on social media under Indonesia’s national sovereignty have not been efficient due to the entities of social media platforms outside the territory of Indonesia, which may not be entirely located or subject to the scope of national jurisdiction.","PeriodicalId":495087,"journal":{"name":"Udayana journal of law and culture","volume":"10 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140479633","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Comprehensive and Measurable Environmental Monitoring: A Comparison of Indonesian and Danish Concepts 全面和可测量的环境监测：印度尼西亚和丹麦概念的比较

Udayana journal of law and culture Pub Date : 2024-01-31 DOI: 10.24843/ujlc.2024.v08.i01.p05

Annisa Fianni Sisma, Rahayu Subekti

{"title":"Comprehensive and Measurable Environmental Monitoring: A Comparison of Indonesian and Danish Concepts","authors":"Annisa Fianni Sisma, Rahayu Subekti","doi":"10.24843/ujlc.2024.v08.i01.p05","DOIUrl":"https://doi.org/10.24843/ujlc.2024.v08.i01.p05","url":null,"abstract":"Supervision is one of Indonesia's efforts to protect the environment, but its regulation still needs improvement. The reason is that the regulation does not cover broad authority for the Technical Authority, a comprehensive and measurable supervision scheme. Regulations regarding this matter significantly affect entrepreneurs' compliance levels to prevent or even increase environmental violations. Therefore, the regulation can be improved by studying it from Denmark. This study aims to provide an overview of environmental monitoring in Denmark to be used as a reference for regulatory changes in Indonesia. More comprehensive and participatory supervision regulations can significantly reduce environmental pollution and/or damage cases. This research is normative research with statutory and comparative approaches. The study suggests that several provisions in Denmark can be adopted, namely the extent of the authority of Danish Supervisory Officials starting from location, raw materials, and equipment used to product distribution and intervention against companies, stricter sanctions, and ensnare environmental violators, the authority to obtain personal information from other institutions, an excellent vertical integration system, and Supervisory Officials according to the number and background.","PeriodicalId":495087,"journal":{"name":"Udayana journal of law and culture","volume":"400 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140474719","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Forming Legal Culture in Customary Forest Management: Local Wisdom Approach of Customary Law Communities 在习惯法森林管理中形成法律文化：习惯法社区的地方智慧方法

Udayana journal of law and culture Pub Date : 2024-01-31 DOI: 10.24843/ujlc.2024.v08.i01.p04

I. Gusti, Agung Mas, Rwa Jayantiari, I. Gst, Pt Bagus, Suka Arjawa, Leonito Rebeiro, Joanne Audrey Paquita

{"title":"Forming Legal Culture in Customary Forest Management: Local Wisdom Approach of Customary Law Communities","authors":"I. Gusti, Agung Mas, Rwa Jayantiari, I. Gst, Pt Bagus, Suka Arjawa, Leonito Rebeiro, Joanne Audrey Paquita","doi":"10.24843/ujlc.2024.v08.i01.p04","DOIUrl":"https://doi.org/10.24843/ujlc.2024.v08.i01.p04","url":null,"abstract":"Customary law communities in Indonesia firmly attach to customary forests in their territory. For generations, they have preserved and managed customary forests according to customary rules, either written or unwritten, that reflect local wisdom. This article aims to analyze customary law communities' local wisdom approach in forest management to realize legal compliance that reflects legal culture. It assesses local wisdom as the essential form of legal culture in customary forest management and scrutinizes efforts to strengthen local wisdom in forest management arrangements. This article reflects a socio-legal method that explores relevant statutory regulations and their implementation in society. The research and analysis suggest that the legal culture of customary law communities takes the form of compliance in managing forests due to the local wisdom they have internalized from generation to generation. Local wisdom in various regions in Indonesia is integrated with local rules that align with the function of customary law to create social order. It has also been found that several regional governments in Indonesia have made an effort to strengthen local wisdom. The regional government's recognition of the status of customary law communities as the actors in customary forest management has legitimated the local wisdom in protecting customary forests.","PeriodicalId":495087,"journal":{"name":"Udayana journal of law and culture","volume":"359 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140474465","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legal Empowering the Saniri: A Pillar of Harmony in Post-Conflict Ambon 赋予萨尼里人法律权力：冲突后安汶的和谐支柱

Udayana journal of law and culture Pub Date : 2024-01-31 DOI: 10.24843/ujlc.2024.v08.i01.p03

Yustina Trihoni Nalesti Dewi, Andreas Pandiangan, J. Kwik, T. D. Pariela, A. Watloly, Abidin Wakano, Andreas Ryan Sanjaya

{"title":"Legal Empowering the Saniri: A Pillar of Harmony in Post-Conflict Ambon","authors":"Yustina Trihoni Nalesti Dewi, Andreas Pandiangan, J. Kwik, T. D. Pariela, A. Watloly, Abidin Wakano, Andreas Ryan Sanjaya","doi":"10.24843/ujlc.2024.v08.i01.p03","DOIUrl":"https://doi.org/10.24843/ujlc.2024.v08.i01.p03","url":null,"abstract":"Due to the lasting impact of the previous authoritarian system, decentralization has yet to reinstate Ambon's customary law-based governance model fully. However, it was formally acknowledged by the national and Ambon City's regional legislation. This article examines the need to empower Saniri, a quasi-governmental body in a traditional village with close ties to underprivileged groups, in conflict resolution services in Ambon. Data was collected through a literature study of historical sources from the nineteenth century and then analyzed based on qualitative field research. Extensive interviews were conducted based on snowball and purposive samplings. Results from the field study were subsequently discovered and deliberated through Focus Group Discussions. It suggests that the current political landscape is permissive to empower Saniri in conflict resolution mechanisms. Therefore, the legal and political efforts must be sufficient to accommodate Saniri's character and support its contribution to post-conflict reconciliation. More attention is required to empower Saniri legally and politically in a manner consistent with its nature to maximize its role as a harmonizing medium.","PeriodicalId":495087,"journal":{"name":"Udayana journal of law and culture","volume":"48 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140478201","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legal Accountability and Ethical Considerations for Outcomes Driven by Artificial Intelligence in Business Operations 业务运营中人工智能驱动成果的法律责任和道德考量

Udayana journal of law and culture Pub Date : 2024-01-30 DOI: 10.24843/ujlc.2024.v08.i01.p01

Matthias Holzhausen

引用次数: 0

Wage Standards for Abdi Dalem of Kotagede Royal Cemetery and Cultural Meaning of Voluntarism and Dedication Kotagede 皇家陵园的 Abdi Dalem 的工资标准与志愿服务和奉献精神的文化内涵

Udayana journal of law and culture Pub Date : 2024-01-30 DOI: 10.24843/ujlc.2024.v08.i01.p02

Fithriatus Shalihah

{"title":"Wage Standards for Abdi Dalem of Kotagede Royal Cemetery and Cultural Meaning of Voluntarism and Dedication","authors":"Fithriatus Shalihah","doi":"10.24843/ujlc.2024.v08.i01.p02","DOIUrl":"https://doi.org/10.24843/ujlc.2024.v08.i01.p02","url":null,"abstract":"Yogyakarta's special status was recognized long before Indonesia's independence as a cultural heritage site. One of the privileges of Yogyakarta is that it maintains its cultural legitimacy amidst increasingly modern developments. This paper aims to discuss whether (or not) the practice of waging for abdi dalem at the Kotagede Royal Cemetery is compatible with Indonesian Employment Law. It applies empirical legal research, which collects primary and secondary data sources. It suggests that abdi dalem, who works at the Kotagede Royal Cemetery, receives kekucah (wages) below the minimum standard according to regional regulations. However, the serat kekancingan, a decree issued by the Yogyakarta Sultanate that explains the status of abdi dalem, must not be interpreted as conflicting with Indonesian employment law, particularly regulations determining the minimum wages. This research also found that abdi dalem tends not to protest this status quo because they uphold a live philosophy of Nrimo ing pandum. Therefore, abdi dalem accepts all tasks assigned sincerely by the Sultan without expecting anything in return. They firmly believe that serving at the Kotagede Royal Cemetery will bring abundant blessings and peace from God through the Sultan.","PeriodicalId":495087,"journal":{"name":"Udayana journal of law and culture","volume":"27 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140481531","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0