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Sociological Jurisprudence Journal
Published by Universitas Warmadewa
ISSN : 26158809     EISSN : 26158795     DOI : https://doi.org/10.22225/scj
Core Subject : Social,
Social Sciences
Sociological Jurisprudence Journal is a peer-reviewed law International journal which published research articles and theoretical articles in law science. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. It aims is to provide a place for academics and practitioners to publish original research articles, review articles, and book reviews. The scope of this journal area any topics concerning Legal Studies and Human Rights in all aspects. Scientific articles dealing with Civil Law, Indonesian Law, Business Law, Constitutional Law, Criminal Law, Administrative Law, International Law, Philosophy of Law, and Human Rights are particularly welcome. This journal published by Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Warmadewa, two times a year in February and August. Sociological Jurisprudence Journal is available in print and online versions. ISSN printed version is 2615-8809 and ISSN electronic is 2615-8795. Sociological Jurisprudence Journal is Available online at https://www.ejournal.warmadewa.ac.id/index.php/sjj/index since Volume 1 No 1 February 2018. The language used in this journal is English.
Arjuna Subject : -
Articles 150 Documents
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Authority and Procedures for Determination of the Foundation Managers Arjaya, I Made; Martina, Ni Wayan Umi; Ranawijaya, Ida Bagus Erwin
Sociological Jurisprudence Journal Vol 1, No 2 (2018)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.1.2.728.67-73

Abstract

The purpose of this study is to find out who is authorized and how the procedure of determination the foundation managers. The method used in this research is the method of normative legal research with statute approach, conceptual approach and case approach. Research location in Denpasar Bali. Sources of legal material are legislation, and cases faced by the DJ foundation. How to collect legal materials is to use the card system. The result of the research is the authority to determination the foundation managers by the foundation trustees and the procedures of determination the foundation managers begins with the supervision conducted by the supervisor of the foundation, followed by the temporary dismissal, then proceed with clarification meeting from the managers of foundation, which can lead to the determination of the foundation managers.
Juridis Implication of Government Regulation No. 1 of 2017 on Mineral and Coal Mining Business Activity by Foreign Investor Tanaya, Putu Edgar
Sociological Jurisprudence Journal Vol 1, No 1 (2018)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.1.1.430.51-60

Abstract

The purpose of this research is to know and understand the regulation of mineral and coal mining business implementation conducted by foreign investors before the birth of Rule Number 1 Year 2017 and to know and understand the implication of the birth of Regulation No. 1 of 2017 is hurt with the aim of the state. In this research, to reach the objective, normative research method with regulatory approach is applied by reviewing the laws and regulations related to research and case approach related to the divestment of mining business by foreign investors. The conclusion yields two conclusions. The first conclusion is the regulation of the implementation of mineral and coal business activities prior to the issuance of Government Regulation No. 1 of 2017 is regulated in several laws and regulations which have two weak points. The first concerns the regulation of inconsistent divestment shares and both mechanisms of work contracts that are detrimental to the Government of Indonesia. the second conclusion, the issuance of Government Regulation No. 1 of 2017 confirms the number of divestment shares and changes in working contract patterns to mining business permits maximizing the realization of welfare for all Indonesian people.
Control and Empowerment of Abandoned Land for Agrarian Reform Idris, Siti Hafsyah; Utama, I Wayan Kartika Jaya
Sociological Jurisprudence Journal Vol 1, No 2 (2018)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.1.2.733.87-94

Abstract

This research is conducted to describe the impact of the issuance of Government Regulation Number 11 of 2010 on the Control and Utilization of Abandoned Land that serves as an important part of the agrarian reform agenda. It is relevant to the solution to counteract and eradicate the crisis of poverty by providing land and other facilities necessary for production so that people are able to work more productively and live a prosperous life. Essentially, it involves the whole process of restructuring the tenure, ownership, use, and utilization of land in order to achieve social welfare and justice. This research applies normative legal methods to conduct a literary review because of the characteristics and traditions of law. The approaches used in legal research are the statute approach, the case approach, and the conceptual approach. The results of the research show that agrarian reform needs to be included in the nations agenda and the basic strategy of the country to build a just political, economic and social structure. This is the relevance of placing all references, understanding, scope, and usefulness of the management of "the abandoned land which later becomes the state property" in realizing the true agrarian reform.
Problems and Challenges Empowering Human Resources (Hr) in Company Organization in Globalization Era Budiartha, I Nyoman Putu
Sociological Jurisprudence Journal Vol 1, No 1 (2018)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.1.1.423.1-6

Abstract

Existence of Human resources (HR) as a worker is very important in the company because in addition as wrong one element in a company organization that helps business activities as well as an input element or input along with other elements in the process production either in the form of services or goods through the management process in the form output or output. Without any human resources or workers within the company, it is impossible that the company can move and run in producing goods and services in an effort to achieve company goals. There are several problems and challenges for HR workers in companies in the global era where the problems encountered can include: the competence of workers in global competition, population growth and unemployment widened the diversity of the world of work that requires creative innovation and organizational management issues and professionalism, labor protection, social and environmental responsibility. The companys future challenges can be internal challenges in the form of financial, sales, service, production and industrial relations of workers and as external challenges of technological advancement, global political economy and socio-cultural.
Articulation of Regional Community Interest Through DPD RI Suryawan, I Gusti Bagus
Sociological Jurisprudence Journal Vol 1, No 2 (2018)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.1.2.729.95-102

Abstract

This paper examined the articulation of the interests of regional community through the authority of members of the Regional Representative Council (DPD) to see the extent of the functions and authorities of people representative officials in realizing the public interest of the regional people. This paper utilized conceptual approach and statutory approach to the law because of its normative type in nature. Therefore, the required data were in form of articles of the law regulating the authority of members of the Regional Representatives Council (DPD) as well as the interests of the society in the region. In addition, data from bibliography were also collected, such as results of scientific studies relevant to the object of study in the present study to compare theories leading to meet conclusions to be drawn. The results show that the articulation of the interests of regional community within the scope of the authority of the DPD is still very limited because it is at the theoretical level, instead of practical. The DPD should have taken strategic steps in helping to succeed the interests of the regional community of developemnts.
Legal Solution Overcoming the Problems in the Cases of Indonesian Republic Supreme Court Lufsiana, L
Sociological Jurisprudence Journal Vol 1, No 1 (2018)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.1.1.428.19-23

Abstract

The accumulation of cases in the Supreme Court of the Republic of Indonesia, especially the case of the General Court (Civil and Criminal case) has not been resolved, even though there is an internal regulation that sets the time limit for the settlement of the case for 250 days and the division of rooms within the Supreme Court and the settlement takes a long time, it not only violates the legal principles of simple justice, fast and low cost even has opened the door of corruption, because the seeker of justice will try to speed up to get the verdict on his case. This paper provides a legal solution to the problem, namely by establishing representatives of the Supreme Court in every province in Indonesia and empowering the nations children to become Supreme Court Justice (opening a wide field of employment for legal professionals) using the approach of legislation.
Policy of Criminal System Formulation Oriented to Rape Crime Victims Syaufi, Ahmad; Haiti, Diana
Sociological Jurisprudence Journal Vol 1, No 2 (2018)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.1.2.734.103-112

Abstract

Criminal act of rape has received considerable attention among the public nowadays. The care and protection of the interests of the victims of the rape crime either through criminal justice process or certain social care facilities is an absolute part that needs to be considered in criminal law policies and social policies. Therefore, in the formulation of the criminal system, it is time to pay attention to the victims interest to realize the equitable distribution of justice for the rights of rape victims to be protected. In the effort of developing and renewing the criminal law in Indonesia, it is necessary to conduct an assessment related to the policy of punishment formation system which is oriented to the rape crime victims in the coming criminal law. This study employed a qualitative research using normative law research design. In an effort to achieve the research objectives that have been determined, this study used statute approach and conceptual approach. Based on the results and discussion, policy formulation of punishment system that is oriented to rape crime victims in future criminal law is as follows: (1) in the material criminal law, protection of rape crime victims in its development is regulated in a Bill of Criminal Law, including the formulation of passive national principles, the extension of the concept of criminal acts of rape, and the formulation of types of sanctions. (2) in formal criminal law, the protection of victims, especially the rape crime victims, has been regulated in a Bill of Criminal Procedure Law, with the granting of procedural rights such as the right of a translator and the right of reimbursement of expenses. It is because legal protection against victims of rape crime is in need of services such as psychosocial, medical, and safe house.
The Role of Cultural Aspect of Pesarean on the Regulation Formation in Wonosari Village of Gunung Kawi Hamidi, Jazim; Subratayuda, M Gatot; Falah, M Fajrul
Sociological Jurisprudence Journal Vol 1, No 1 (2018)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.1.1.427.14-18

Abstract

This article discusses how the role of cultural aspects influences the formation of regulation in Wonosari Village Gunung Kawi, Malang Regency. In accordance with the issues raised, this study uses empirical juridical method and the theory of legal harmonization and legal pluralism as a tool for analysis. The conclusions of this research are; (1) Culture has an important role in the formation of law. Culture makes the law work well in the community. (2) The Pesarean region of Gunung Kawi is currently undergoing a transformation from traditional values ​​to modern values. (3) Therefore the urgency now is to create harmonization and unification between culture and formal law. Furthermore the authors advise the government to always consider cultural values ​​in the framework of the formation of village regulations.
Central and Regional Financial Balance: Juridical-Theoretical Dimension Atmadja, I Dewa Gede; Jelantik, I Gusti Ngurah Supartha
Sociological Jurisprudence Journal Vol 1, No 1 (2018)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.1.1.429.24-28

Abstract

The juridical dimension of the constitution determines that the balance of central and regional finance constitutes imperative prescriptions / norms of central and regional relations (Article 18 jo Article 18 A Paragraph (1) and (2) of the 1945 Constitution. The core norm of central and regional financial balances affirms a regulation of funding as a sub-system of state finances in funding governmental affairs under the jurisdiction of decentralization, deconcentration and co-administration (vide Article 279 of Law Number 23 Year 2014 on Regional Government jo Article 2 of Law Number 33 Year 2004 Concerning Financial Balance Between the Central Government and Government Area). The relationship of central and regional authority is theoretically closely related to the doctrine or household teachings, namely the teaching of material autonomy, the teachings of the household/formal autonomy, and the teachings of real autonomy/real. The teachings of real autonomy or real rely on the idea; from the beginning the center to give recognition to the real situation or factor that grows and develops in the local community. A more comprehensive revitalization and reformulation of central and regional fiscal reforms can be made through the legal authorities of upgrading regional initiatives in accordance with the broadest real autonomy principles, implementing constitutional mandates on other resources that have not been transparently regulated in legislation and required a grand design of Indonesias fiscal decentralization.
Criminal Act of Contempt Through Electronic Information Media Putu Budiartha, I Nyoman
Sociological Jurisprudence Journal Vol 1, No 2 (2018)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.1.2.730.82-86

Abstract

The rapid current of globalization raises many problems in almost all aspects of human life, covering the political, social, cultural, economic, scientific and technological fields, so that fundamental changes in peoples habits arise predominantly. Following the issuance of Law Number 11 Year 2008 on Electronic Information and Transactions (ITE) that was amended to Law Number 19 Year 2016 regarding the Amendment of Law Number 11 Year 2008 regarding Information and Electronic Transactions, many polemics and cases that lead to the pros and cons of the articles in the ITE Law took place. This study examines the classification of an offense of criminal act of contempt committed through electronic information media of and reveals the legal standing for such kind a criminal act. This study was conducted using normative method through analysis of legal interpretation and descriptive analysis. Apparently, the results confirm that the element of "contempt and/or defamation" contemplated in Article 27 paragraph (3) of ITE Law refers to Article 310 of the Criminal Code. Criminal acts of contempt committed through electronic information media are offense complaints that should be reported to the authorities by persons who feel that their honor or reputation is insulted or those who are empowered to obtain judicial justice from law.

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