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[Reinforcement of Judicial Supervision Function by Judicial Commission and Supreme Court as a Form of Shared Responsibility System ]]>
<![CDATA[A Antikowati]]>;
<![CDATA[Mardi Handono]]>
<![CDATA[ Sociological Jurisprudence Journal Vol. 1 No. 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.1.2.731.137-141
<![CDATA[The function of judicial power is to enforce law and justice in the framework of protecting society through justice system based on law in a democratic state of law. One of the important principles of state of law is the existing guarantee of judicial power implementation which is independent, free from the influence of other power to implement justice for law and justice enforcement. Accountability of judge’s performance and Supreme Court institution which is a control form for justice institution becomes an idea concerning the dilema of judicial power independence concept. The supervision of judge’s behaviour by Judicial Commission can hopefully cover the weakness intern supervision by Supreme Court. The judge supervision which can be realised by Judicial Commission includes judicial technic supervision, performance assessment, and judge’s behaviour supervision. This research concerned to the reinforcement of judicial supervision function by judicial commission and Supreme Court as a form of shared responsibility system. The research method used in this research is normative law research method with statute approach, conceptual approach and case approach. Sources of legal materials used are legislation and cases. The results of this study are: the supervision on the judge’s behavior by the Judicial Commission can hopefully cover the weakness of internal supervision by the Supreme Court. It becomes so appropriate that the suprevision on judge is also performed by the Judicial Commission, not only by the Supreme Court. The supervision on judge that can be performed by the Judicial Commission includes the suprevision of judicial technique, performance assessment, and supervision on the judge’s behavior.]]>
<![CDATA[Influential Flows of Legal Philosophy to Jurists’ Thoughts ]]>
<![CDATA[Dewa Gede Atmadja]]>
<![CDATA[ Sociological Jurisprudence Journal Vol. 1 No. 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.1.2.727.113-122
<![CDATA[This paper analyzes several flows of legal philosophy that predispose the thinking of jurists/lawyers. The legal flows include law of nature, classical to modern, legal positivism, sociological jurisprudence and flow American legal realism. In detail, it can be concluded that thus far in Indonesia the dominance of the flow of legal positivism is still quite influential on the thinking of the jurists and legal practice. This study was conducted using normative legal research method. Conceptual approach and statute approach to law were used in collecting and analyzing data of this research. In the data analysis results, it was found that there are various flows of law that significantly influence the thinking of jurists and lawyers, namely Sociological Jurisprudence, Realistic Legal Realism, The Critical Jurisprudence. Thoughts of the jurists are still developing, on the one, hand in relation to the National Law Development debates whether our choice is from the political side of law, codification, modification or unification by prioritizing customary law materials or retaining the patterns of Western law, including legal justice concepts and social justice.]]>
<![CDATA[Women’s Position on the Hindu Law in the Vivaha Samskara System ]]>
<![CDATA[Chandra Sagaran]]>;
<![CDATA[Made Aripta Wibawa]]>
<![CDATA[ Sociological Jurisprudence Journal Vol. 1 No. 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.1.2.732.123-129
<![CDATA[There are assumptions and interpretations which consider marriage as a part of the Panca Yajna, especially the Manusa Yajna, as Pawiwahan (marriage) involving human affairs (individual). Pawiwahan is included in the tiered samskara (rites of passages in one’s life and purification) system. The study discusses the women’s position in law of Hindu of Vivaha Samskara system. This study employs qualitative research method with normative law research design. To achieve objectives of the study, this study made use of statute approach and conceptual approach in collecting and analyzing the legal materials. The results show that women's position in the Vedas is highly respected although the law has always undergone modifications and change of material. In Hindu marriage system, sanctions are to be enforced for: impregnating biological children, having sexual intercourse in the temple, sexually assaulting an underage daughter (kanya wighna), sexually assaulting their own daughter (swaputribhajana), having sexual intercourse with biological mother (mater bhajana), killing women (yuwati wadha), abortion (bruhanahatya), and sexually assaulting underage children. All of these are considered great sins (Ati Pataka) according to Slokantara 15-17, whose sanctions are not included in the awig-awig adat (traditional custom rules).]]>
<![CDATA[Authority and Procedures for Determination of the Foundation Managers ]]>
<![CDATA[I Made Arjaya]]>;
<![CDATA[Ni Wayan Umi Martina]]>;
<![CDATA[Ida Bagus Erwin Ranawijaya]]>
<![CDATA[ Sociological Jurisprudence Journal Vol. 1 No. 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.1.2.728.67-73
<![CDATA[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.]]>
<![CDATA[Control and Empowerment of Abandoned Land for Agrarian Reform ]]>
<![CDATA[Siti Hafsyah Idris]]>;
<![CDATA[I Wayan Kartika Jaya Utama]]>
<![CDATA[ Sociological Jurisprudence Journal Vol. 1 No. 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.1.2.733.87-94
<![CDATA[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 nation's 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.]]>
<![CDATA[Articulation of Regional Community Interest Through DPD RI ]]>
<![CDATA[I Gusti Bagus Suryawan]]>
<![CDATA[ Sociological Jurisprudence Journal Vol. 1 No. 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.1.2.729.95-102
<![CDATA[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.]]>
<![CDATA[Policy of Criminal System Formulation Oriented to Rape Crime Victims ]]>
<![CDATA[Ahmad Syaufi]]>;
<![CDATA[Diana Haiti]]>
<![CDATA[ Sociological Jurisprudence Journal Vol. 1 No. 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.1.2.734.103-112
<![CDATA[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 victim's 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.]]>
<![CDATA[Criminal Act of Contempt Through Electronic Information Media ]]>
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[I Made Minggu Widyantara]]>;
<![CDATA[I Nengah Nuarta]]>
<![CDATA[ Sociological Jurisprudence Journal Vol. 1 No. 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.1.2.730.82-86
<![CDATA[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 people's 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.]]>
<![CDATA[The Law Principles for Village-Owned Enterprises (BUMDes) Managementin Indonesia to Improve the Village's Economy ]]>
<![CDATA[Sri Winarsi]]>;
<![CDATA[Agus Widyantoro]]>;
<![CDATA[Oemar Moechthar]]>
<![CDATA[ Sociological Jurisprudence Journal Vol. 1 No. 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.1.2.735.130-136
<![CDATA[Toward the increase in village revenue sources, a post of published Law No. 6/2014 concerning Village, it is confirmed that the village can establish village-owned enterprises (BUMDes) based on family spirit and cooperativeness. Besides, BUMDes can run a business in the field of economic and/or public service in accordance with the provisions of the legislation. BUMDes is established by the village government to utilize all potential economic, institutional, natural, and human resources in order to improve the welfare of the villagers. In fact, implementation of the BUMDes management in some areas is not fully optimized, in many cases the problem is corruption. Therefore, we need a good management or governance practices to improving the livelihoods of the village. The study used statute approach, conceptual approach, and case approach. The conclusions of this study are directed to apply the concepts of strengthening national laws relating to the management of BUMDes in order to strengthen the village's economy in Indonesia and to achieve empowerment of rural community and reduce corruptionthat often occurs and harm the economy of the village.]]>
<![CDATA[Legislation and Policies for The Employment of Foreign Worker in Korea ]]>
<![CDATA[Yoon-Choel Choi]]>
<![CDATA[ Sociological Jurisprudence Journal Vol. 1 No. 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.1.2.671.74-81
<![CDATA[From the 1990s onwards, labour importation to Korea began with the introduction of industrial trainee system which later faced criticism for human and labour rights violations. From a constitutional perspective, this study aims to critically examine prominent trends of Korea laws, institutions, policies and judicial decision on foreign workers in Korea, especially unskilled workers, and to provide recommendation to remedy the problems discussed. The research method used in this research is normative law research method 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 result of data analysis is presented in the form of informal method by description. The results of this research are unskilled migrant labourers in Korea consist of unskilled workers and working visit migrants. Working visit is granted to those who are overseas Koreans and qualified for conditions stated in the addenda of the enforcement decree of the Immigration Act. Korea abolished the industrial trainee program and adopted “employment permit system” under “the act on foreign workers’ employment, etc.” that came into force on 17 August 2004.]]>
