Sociological Jurisprudence Journal
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.
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<![CDATA[The Effect of Tourism to Transnational and Conventional Crimes in Nusa Penida, Klungkung - Bali ]]>
<![CDATA[I Ketut Mertha]]>;
<![CDATA[Gede Made Swardhana]]>
<![CDATA[ Sociological Jurisprudence Journal Vol. 1 No. 1 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.1.1.434.35-44
<![CDATA[Not all tourism has a positive impact sometimes have a negative impact. Events about tourists as victims of crime is also a lesson for us, but not infrequently also the tourists who visit Bali also there is a crime for the sake of survival and life. Many cases that happened, such as cases of money changer money changerSabtu February 4, 2017 and the cases that occurred Police resort of Klungkung area that also oversees Nusa Penida such as crime theft motor, gold theft, porn video penggugah, and others. In addition to the negative impacts found above, tourism is particularly vulnerable to transnational crime issues that not only undermine the existing tourism but have penetrated the international region. This research is important as a crime prevention effort in Klungkung Bali, and especially in Nusa Penida. By knowing the frequency of transnational crime and conventional crimes that occurred in the Klungkung Polreschief, Bali and the influence of tourism visits with crimes that occurred in the Klungkung Police area, especially in Nusa Penida can be seen the development of crimes that occurred and efforts to overcome them. This research uses criminological juridical approach, which is analytical descriptive with unstructured interview technique and processed and analyzed with qualitative analysis model. Data is processed and analyzed by systematically arranging data, identified, categorized or classified, connected between one data with other data, interpretation to understand the meaning of data in social situations, and then done the interpretation from the researcher's perspective after understanding the overall data quality.]]>
<![CDATA[Culture and Adat in Globalizational Era ]]>
<![CDATA[I Made Suwitra]]>
<![CDATA[ Sociological Jurisprudence Journal Vol. 1 No. 1 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.1.1.424.30-34
<![CDATA[Tradition is one element of the form of culture as the identity of a society. Understanding adat as a form of community culture can accelerate the process of unity and unity of the nation as Indonesia which is composed of various cultures and its tradition.This diversity becomes the strength of the Indonesian nation that must always be knitted, so it must be managed with the spirit of nationality based on Pancasila and 1945 Constitution in the container Bhineka Tunggal Ikadan The Unitary State, because if it is not managed properly and properly it can lead to the disintegration of the nation and threaten the integrity of the Unitary State of the Republic of Indonesia. Differences of custom and culture also apply globally and tested in the era of globalization. Therefore it is necessary to understand the reality of the differences to be managed in creating peace.]]>
<![CDATA[Law Enforcement in Building Community Trust to Positive Legal Quality ]]>
<![CDATA[Ni Putu Sawitri Nandari]]>
<![CDATA[ Sociological Jurisprudence Journal Vol. 1 No. 1 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.1.1.431.62-66
<![CDATA[Law enforcement is done to restore the balance between the rights and obligations of the people, in realizing order and security for the members of the community.In a state of law, the rule of law must be manifestly realized, so that when there is a violation of law then the law must be enforced. The decline in the authority of the law is not solely due to the weakness of law enforcement, but there are many factors that cause the dissolution of public confidence in the existence of positive law in Indonesia, among others from the aspects of society itself, legal aspects, both material law and formal law and law enforcement aspects. Law enforcers must be able to portray their respective roles in upholding the law, justice and truth according to the sense of community justice. Through this enforcement, the law is actually implemented so that it can add the image and legal authority and can build public trust on the quality of positive law of Indonesia.]]>
<![CDATA[Juridis Implication of Government Regulation No. 1 of 2017 on Mineral and Coal Mining Business Activity by Foreign Investor ]]>
<![CDATA[Putu Edgar Tanaya]]>
<![CDATA[ Sociological Jurisprudence Journal Vol. 1 No. 1 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.1.1.430.52-61
<![CDATA[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.]]>
<![CDATA[Problems and Challenges Empowering Human Resources (Hr) in Company Organization in Globalization Era ]]>
<![CDATA[I Nyoman Putu Budiartha]]>
<![CDATA[ Sociological Jurisprudence Journal Vol. 1 No. 1 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.1.1.423.1-6
<![CDATA[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 company's 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.]]>
<![CDATA[Legal Solution Overcoming the Problems in the Cases of Indonesian Republic Supreme Court ]]>
<![CDATA[L Lufsiana]]>
<![CDATA[ Sociological Jurisprudence Journal Vol. 1 No. 1 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.1.1.428.19-23
<![CDATA[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 nation's children to become Supreme Court Justice (opening a wide field of employment for legal professionals) using the approach of legislation.]]>
<![CDATA[The Role of Cultural Aspect of Pesarean on the Regulation Formation in Wonosari Village of Gunung Kawi ]]>
<![CDATA[Jazim Hamidi]]>;
<![CDATA[M Gatot Subratayuda]]>;
<![CDATA[M Fajrul Falah]]>
<![CDATA[ Sociological Jurisprudence Journal Vol. 1 No. 1 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.1.1.427.14-18
<![CDATA[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.]]>
<![CDATA[Central and Regional Financial Balance: Juridical-Theoretical Dimension ]]>
<![CDATA[I Dewa Gede Atmadja]]>;
<![CDATA[I Gusti Ngurah Supartha Jelantik]]>
<![CDATA[ Sociological Jurisprudence Journal Vol. 1 No. 1 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.1.1.429.24-29
<![CDATA[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 Indonesia's fiscal decentralization.]]>
<![CDATA[Copyright Reduction as a Fidusia Warranty Object in Business Principles in Denpasar City ]]>
<![CDATA[Dewa Gede Pradnya Yustiawan]]>;
<![CDATA[I Wayan Werasmana Sancaya]]>
<![CDATA[ Sociological Jurisprudence Journal Vol. 1 No. 1 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.1.1.433.45-51
<![CDATA[Intellectual Property Rights as part of the legal system are closely related to the business world, especially with industry, trade and investment. With Intellectual Property Rights stimulated the improvement of intellectual works as well as research and development that are able to produce new techniques and technologies, which will excite the business world. Copyright is one part of intellectual property has the largest scope of protected objects, because it includes science, art and literature (art and literary) in which also includes computer programs. Copyright becomes the most important base of the national creative economy and has a strategic role in supporting the nation's development and promoting the general welfare as mandated by the 1945 Constitution of the State of the Republic of Indonesia. In Article 16 paragraph (3) Law Number 28 Year 2014 on Copyright determines that Copyright can be used as an object of fiduciary guarantee. In paragraph (4) it is determined that Copyright as the object of fiduciary guarantee as referred to in paragraph (3) shall be conducted in accordance with the provisions of applicable laws and regulations. From the provisions of Article 16 paragraph (3) and paragraph (4) above, Copyright as intangible moving object may be used as loan collateral (bank) by the creator or copyright owner with fiduciary burden and the imposition of the charge shall be based on legislation in banking field. Research on the imposition of Copyright as the object of fiduciary guarantee in banking practice in Denpasar City is done to know its implementation in banking practice. In addition, also to know the constraints faced by the bank if the credit agreement used Copyright as the object of fiduciary guarantee. By knowing that, the specific targets to be achieved in this research are the results can be used by the legislator to design and formulate the legal substance of the new drafting model of legal norms that regulate the guarantee, especially the Copyright as the object of fiduciary guarantee, so that more can guarantee the existence of legal certainty and business certainty for both creditor (bank) and debtor. This research is an empirical legal research and factual approach is done by looking at the real situation in the research area.]]>
<![CDATA[Fair, Democratic and Responsible Policies on the Balance Between Central and Regional Financial ]]>
<![CDATA[Asep Warlan Yusuf]]>
<![CDATA[ Sociological Jurisprudence Journal Vol. 1 No. 1 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.1.1.426.7-13
<![CDATA[Through Law no. 33 of 2004 on Financial Balance between Central and Local Government shall be set up a fair, proportional, democratic, transparent and accountable system of financial distribution. However, the law does not elaborate on the principles of justice, democracy and responsibility. These three principles need to get a more regular, measurable, and measurable legal meaning. In the context of the central-regional fiscal balance policy, the principle of justice manifests in the actions of the central government providing subsidies to each region with a scalable and careful view of the objective conditions of a region, so that in determining the subsidy must be based on considerations acceptable to subsidized area. Democratic principles are realized with the involvement of the community in policy making at the regional level in the form of Provincial/Municipal/Regency Regulations, while the principle of responsibility is manifested through the limitation of government power by legal means. Government power in governance is directed to the implementation of Good Government Governance (GGG).]]>
