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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.
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Search results for , issue "Vol. 2 No. 2 (2019)" : 10 Documents clear
Analysis of Investment Policy in Indonesia After the Ratification of the Protocol To Amend The Asean Comprehensive Investment Agreement Poly Pagna; Dewa Putu Mantera; Anak Agung Sagung Laksmi Dewi
Sociological Jurisprudence Journal Vol. 2 No. 2 (2019)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.2.2.1269.81-88

Abstract

The Government of Indonesia in an effort to increase Foreign Direct Investment (FDI) and increase trade between ASEAN member countries (intra-ASEAN Trade) ratified the protocol to amend the asean comprehensive investment agreement in the form of Presidential Regulation of the Republic of Indonesia Number 92 of 2015. Constrained by regulations concerning legalization and licensing at the center and in the area of accelerating efforts, the Investment Coordinating Board is given the task of coordinating the implementation of policies. Moving on from that, the problem was formulated regarding how the substance and investment policies in Indonesia after the ratification of the protocol to amend the asean comprehensive investment agreement. The substance of the protocol to amend the ASEAN comprehensive investment agreement is to create a free and open investment regime in ASEAN, through investment regimes, increased protection, increased transparency and predictability of rules, with fair competition and non-discrimination treatment. With the transition from the existence of the understanding of liberalism, efforts must be made to strengthen the family principle in accordance with Article 33 paragraph (1) of the Constitution. Globalization should be harmonized by considering the entire foundation and a material study of the academic community with the aim of defending the nation's ideology. Then the application of the Triple Helix concept as a transformation effort.
Value Approach and Character Education in Reviewing Cohabitation Phenomenon Ni Luh Gede Yogi Arthani
Sociological Jurisprudence Journal Vol. 2 No. 2 (2019)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.2.2.1236.108-115

Abstract

Coexistence between two people who have a love affair without marriage ties is called cohabitation, or what is in Indonesian language termed "kumpul kebo." This cohabitation phenomenon is not only found in urban areas, but also in rural areas. Some people in Indonesia reject this behavior because it is considered contrary to the cultural values, while the others let the people around them take the decision to live together. The refusal by local community members was carried out by persecuting lovers who allegedly committed cohabitation. This certainly makes other legal problems. In this study, two issues will be discussed namely cohabitation behavior which is categorized as a criminal act and an attempt to criminalize cohabitation in the legal system in Indonesia. Not all cohabitation behaviors are categorized as criminal acts. Cohabitation as a criminal offense is if it is carried out by people who are already married to another person as stipulated in Article 284 of the Criminal Code. The efforts to criminalize cohabitation in the legal system in Indonesia are carried out by submitting applications in the Constitutional Court and cohabitation arrangements in the Draft of Penal Code.
Constitutional Review Of Administrative Actions: Development In United Kingdom, India, Malaysia, South Africa And Hong Kong Normawati Binti Hashim
Sociological Jurisprudence Journal Vol. 2 No. 2 (2019)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.2.2.1270.134-140

Abstract

The 21st century saw the rapid development of the administration of the nations of the world. With the development, it is essential to ensure that administrator entrusted with the administration of the country perform its duties in accordance with the rule of law. It must not act arbitrarily. Discretionary power if given to the administrator, it is limited. This is to guarantee that administrator in performing its duties would not infringe rights of an individual or community, especially fundamental rights. To make certain that this is achieved, an effective mechanism for the protection of rights, especially human or fundamental rights in state administration is needed. Judicial review is one of the effective mechanism to supervise and control action of the administrator. This mechanism is available in Administrative Law. Under the instrument, grounds of judicial review is made available to review action of the administrator. Currently, there are two streams of judicial review: Administrative Review and Constitutional Review. The former is a non-right based review of administrator’s power founded on the traditional common law using Wednesbury objective test or CCSU grounds not involving violation of fundamental and human right and the procedures. Meanwhile, the latter is a right-based review involving the exercise of administrative powers that violate the constitutional right of an individual or community, particularly, fundamental rights. The traditional common law, nevertheless, are inadequate in addressing review of administrative action involving violation of fundamental rights. For that reasons constitutional review as another stream in judicial review was developed. This was illustrated looking into the development in United Kingdom, India, Malaysia, South Africa and Hong Kong. With the expansion, mentioned the common law countries are capable of providing a more comprehensive and meaningful protection to an individual or community against unlawful act of the administrator that violates rights, especially human and fundamental rights. Consequently, state integrity is strengthen and be more accountable to the community. Hence, state can develop administration that is sound, and efficient in human, natural, economic and financial management. The proper enforcement of human rights will promote political and socio-economic stability, provide legal certainty and it encourages investors to invest in the country.
Fighting Hoax and Hate Speech by Strengthening The Spirit of Pancasila in Preventing Disintegration of The Nation I Nyoman Budiana; I Made Warta
Sociological Jurisprudence Journal Vol. 2 No. 2 (2019)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.2.2.1195.101-107

Abstract

The notion of democracy is used by most of the countries in the world as a foundation in managing the country, it is also the choice of Indonesia after the reformation period in 1998 as stated in the amendment of the 1945 Constitution. Through democracy, people can control the government administration so that the government does not act arbitrarily. With democracy, people are also given the opportunity to participate in all aspects of development, guaranteed the freedom of association / assembly to express opinions on various matters in the government administration in accordance with the constitutional corridor. In practice, after 2 (two) decades of reformation, freedom in democracy has become an act that exceeds the limit. In the national life order in Indonesia today, there have been various hoaxes (false information), utterances of hatred on social media, anarchic behavior occurring in various places, even radicalism movements which allegedly want to destroy the ideology of Pancasila and replace it with other ideologies. In this study, there are two problems that will be discussed, namely legal policy in the prohibition of hoaxes and hate speech and the ideology of Pancasila in the prevention of hoaxes and hate speeches. Legal policies in the prohibition of hoax and hate speech are regulated in Article 28 paragraph (1) of Law Number 11 Year 2008 concerning Information and Electronic Transactions. Prohibition of hoaxes and hate speeches is also carried out in various laws and regulations in other countries. Hoaxes and hate speeches threaten the integrity of Indonesia. Therefore, to guard and care for the Republic of Indonesia to remain based on the ideology of Pancasila, the nation's commitment to defend Pancasila as a state ideology must be able to actualize the noble values contained in the principles of Pancasila in life as well as possible and committed to fight hoax, utterances of hatred, anarchic actions and radicalism by strengthening the spirit of Pancasila for every Indonesian person and encouraging various government agencies to uphold the concept of the rule of law in preventing the disintegration of the nation.
Reflection of Tri Hita Karana Philosophy as A Local Wisdom of Bali Communities in Responding to Social Conflict in The Global Reform Era I Gusti Ayu Suarniati; I Gusti Ngurah Anom; I Gusti Bagus Hengki
Sociological Jurisprudence Journal Vol. 2 No. 2 (2019)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.2.2.1246.127-133

Abstract

The development of science and technology, communication, transportation, and entering the era of global reform bring positive and negative effect to the world community, in community of developed country or developing country like Indonesia which has plural society that different language, etnic, customs, and religion which certainly brings the highest impact of social conflict in the intern or ekstern. Bali and the society that heterogeneousas from the territory of Indonesia can not avoid negative effect from global community, among them is social conflict in the name of ‘adat’. Reflection of philosophy ‘Tri Hita Karana’ as local wisdom in tackling social conflict in the name of ‘adat’ in the era of global reform, must be discussed, reviewed, analyzed through a scientific study can later be expected to become foundation in searching a right solution for the sake of solid NKRI that based on Pancasila ideology, UUD 1945 and Bhineka Tunggal Ika.
Women Protection and Decision of Customary Justice on The Ride of Cross Action (Women Protection Based On Law And Customary Justice In Atambua) Siti Syahida Nurani; Absori Absori; Khudzaifah Dimyati; Kelik Wardiono; Wafda Vivid Izziyana
Sociological Jurisprudence Journal Vol. 2 No. 2 (2019)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.2.2.896.89-100

Abstract

Rape can be occured in all women from all side of life, occupations, age, and marital status, which was done alone or abuzz. The perpetrators of violence also come from various circles, work, age, social class and marital status. In this case, the number of women violence against in Atambua is quite high. Sexual abuse cases and sexual harassment turned out most of the perpetrators are still related to blood with victims, such as biological father, siblings, uncle and neighbors. The cases of sexual assault against women in Atambua are resolved in customary. However, any form of resolution, the act of violence of rape against viewed from various aspects still must be responded as a criminal act, for example the custom settlement of tallitan tafani still apply penal sanction in the form of penalty as one of the effort of restoration of good name, and also dignity for the victim.
Regulation of Strengthening of LPD Desa Adat in Bali in A Gap I Made Suwitra; Diah Gayatri Sudibya
Sociological Jurisprudence Journal Vol. 2 No. 2 (2019)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.2.2.1253.122-126

Abstract

The aims of this research is to analyze the implementation of the strengthening of LPDs as a nonbank financial institution in the Desa Adat against various regulations issued by the Government both at the national and regional levels in the perspective of an analytical approach. The basic consideration of this research is that there are still some LPDs that are not healthy and even go bankrupt. The method used is the form of normative legal research with legislation, analytic, case and coexistence approaches. Normatively various regulations issued by the government at the national and regional levels are intended to strengthen the existence of LPDs, but in reality not all LPDs in Desa Pakraman are strong and healthy, some LPDs even went bankrupt. Therefore a comprehensive study of various perspectives is needed in the context of the legal system.
The Implementation Of The Employment Agreement For Indonesian Migrant Workers In Saudi Arabia Wafda Vivid Izziyana; Harun Harun; Absori Absori; Kelik Wardiono; Arief Budiono
Sociological Jurisprudence Journal Vol. 2 No. 2 (2019)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.2.2.899.73-80

Abstract

The placement program of Indonesian migrant workers overseas is the Indonesian government’s program for the society’s welfare. One of the referential laws used in the working relations between the Indonesian migrant workers and the Arabic employers is the employment agreement. The Saudi Arabian employment agreement implements the sharia law which is influenced by the Hambali school of taught. The King’s decree No. M/51 year 2005 regulates the labor laws in Saudi Arabia, and this country’s government only accepts employment agreements written in Arabic. The solution is that the employment agreements written in two languages are prepared, with Arabic as the authoritative language. Apart from implementing the Kafala System, as a substitute of tax, Saudi Arabia also implements the Nitaqat Policy. The employment agreements in Saudi Arabia have a high risk of being misused by the agencies, as the position of the Indonesian migrant workers is under the responsibility and under the power of the agencies, who have the right to terminate or to send the workers back home if there are some problems. The employment agreements are made because of the employer’s complaints on how the migrant workers often run away, which undoubtedly causes them a high loss. The aim of the contract is so that both parties may achieve a win-win solution, and that they are both given protection. Yet, the contract also limits the participation of the host country’s delegates, as all affairs are given to the Saudi Arabian Immigration Office. The employment agreement must be owned by both parties. Yet, based on some researches established by the Embassy of the Republic of Indonesia’s safe house, it is known that almost none of the migrant workers keep an employment agreement. Another problem is that there are multiple contracts: one before departing for Saudi Arabia, and a different one after having arrived in the country. Another written agreement that is signed by the employer and the agency in Saudi Arabia doesn’t involve the domestic worker. The three contracts which are signed in Indonesia, in front of the Immigration Office, and the one-sided contract between the employer and the agency regulates the same thing, though there is a chance that in all three contracts, the wages written are different.
Mediation as A Choice of Medical Dispute Settlements in Positive Law of Indonesia Mohammad Irfan
Sociological Jurisprudence Journal Vol. 2 No. 2 (2019)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.2.2.1257.141-145

Abstract

The aims of this research to see how the pattern of mediation is seen as effective in resolving medical disputes in the review of Law No. 30 of 1999 concerning Arbitration and alternative resolutions of off-court disputes and Perma No. 1 of 2016 concerning Mediation in the court. The research methodology used is the Normative legal research methodology with a document study approach/literature study, by examining references related to the writing object. Based on the results of the study in the case of cases of medical disputes or disputes between patients and doctors/dentists and/or hospitals including those who feel disadvantaged by the actions of doctors/dentists in accordance with Article 66 of Law No. 29 of 2004 concerning Medical Practice, better resolved by mediation In mediation, the parties directly discuss what is the process of resolving disputes that are discussed and voluntary and provide information on what might offer a chronological and expected approach in overcoming demands, preferably mediation used as the main form in resolving medical disputes, because mediation is faster, cheaper, easier, and its nature does not cause long hostilities because no one is defeated
Cyberbullying on Children in Victimology Perspective Dewi Bunga; Omar Sharif Hiariej
Sociological Jurisprudence Journal Vol. 2 No. 2 (2019)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.2.2.1197.116-121

Abstract

Cyberbullying is intimidation carried out in cyberspace. Virtual space opens opportunities for cyberbullying to attack children. Children who are victims of cyberbullying tend not to report the bullying done on them. In this research, two issues will be discussed, namely the study of the victimology of cyberbullying on children and the responsibility of the State in protecting children from cyberbullying. This research is a normative juridical approach with criminal law and vicimology approach. The victimism study of cyberbullying on children shows the urgency of protecting children who are victims of cyberbullying. Cyberbulling has an impact on children's mental well-being. Those who become victims will be embarrassed, decide to quit school, feel negative feelings, even commit suicide. Judging from the possible impacts on victims, cyberbullying on children is more dangerous than bullying done in a real way, and is more dangerous than if it is done on adults. The responsibility of the State in protecting children from cyberbullying is by formulating, implementing, and forcing the rule of law on the offender. The State is also obliged to implement international commitments in preventing cyberbullying on children.

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