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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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Articles 10 Documents
 1 
Search results for , issue "Vol. 3 No. 2 (2020)" : 10 Documents clear
The Law Impact on Murder Trial From Balinese Customary Law Perspective (Case Study In Desa Pakraman Sukawati) Anak Agung Mas Adi Trinaya Dewi; Ni Made Trisna Dewi
Sociological Jurisprudence Journal Vol. 3 No. 2 (2020)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.3.2.1794.98-106

Abstract

This study aims to analyze what legal sanction and what consequences for the heirs trying to commit the murder of the inheritors in the perspective of Balinese customary law. The research method used is empirical research that is the observational and field study research in the Desa Pakraman Sukawati. Data were collected through observation. The result of the research is that the legal sanction for the heirs in perspective of Balinese customary law is a sentence of sanction given by Balinese traditional court law. The criminal matters are resolved in traditional court and it is not yet exist in the criminal code or state law. This sanction for violation of mistreatment of the heir tried to murder the inheritors occurred in Desa Pakraman Sukawati is determined by village peace judge. This is specially done by Prajuru Adat (Balinese indigenous custom village officers). The legal consequences described on Balinese customary law are based on Article 838 of the Civil Code. It states that it is one of those who has been convicted or blamed for killing or attempting to kill the inheritors, the consequence is that the inheritance is void although the heirs are entitled for inheritance. It is a principle that every person including a person who has inheritance rights of inheritance does not receive anything. This has been determined by law and it is excluded from inheritance due to inappropriateness (onwaardig) to receive inheritance.
The Problems of Consumer Protection in Fintech Peer To Peer Lending Business Activities in Indonesia Hari Sutra Disemadi; Mochammad Abizar Yusro; Wizna Gania Balqis
Sociological Jurisprudence Journal Vol. 3 No. 2 (2020)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.3.2.1798.91-97

Abstract

Industrial Revolution 4.0 has influenced the development of technology and information. The presence of financial technology (fintech) especially fintech peer to peer lending in Indonesia is proof that the Industrial Revolution 4.0 has had an influence on economic aspects as a fundamental aspect of the country. The implementation of fintech peer to peer lending in providing alternative financing to consumers is currently faced with several problems, especially issues related to consumer protection. This study uses a normative legal research method with a statutory approach. This research shows that the state has tried to provide preventive protection to consumers through several regulations, namely Bank Indonesia Regulation Number 19/12/PBI/2017 concerning the Implementation of Financial Technology that regulates the procedures for implementing fintech in Indonesia and also the OJK Regulation Number 77/POJK.01/2016 on Information Technology-Based Lending and Borrowing Services that regulates OJK's supervisory function in implementing fintech peer to peer lending in Indonesia. This protects consumers through the regulation of digital-based savings and loan providers which must be officially registered to guarantee the legality of the organizer, electronic documents by statutory provisions, and dispute resolution mechanisms in the event of a dispute related to fintech peer to peer lending business activities.
The Regulation and Protection of Genetically Modified Food Yuwono Prianto; Viony Kresna Sumantri; Swara Yudhasasmita
Sociological Jurisprudence Journal Vol. 3 No. 2 (2020)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.3.2.1801.107-111

Abstract

Genetically Modified foods are now being widely consumed. In 2011, more than 90% of corns and soybeans in the US are genetically modified. Research shows in America the people suffering from allergies are increasing. Some people connected the allergies with the widely consumed genetically modified foods. But other researchers show that genetically modified food bring no harms to human. In fact, genetically modified foods are cheaper and will be a great tool to fight against poverty and hunger. But in countries like Italy, Austria, and the Netherlands, they have fully banned genetically modified organisms, making them the GMO’s free Country. In the survey conducted, most consumers are not educated enough about GMO. They also concern about the impact of genetically modified food on human health, environmental and animal health.
General Confiscation Versus Criminal Confiscation in Regard to Curators’ Authority and Responsibility in Bankruptcy Settlement Process Elli Ruslina; Siti Rodiah; Benny Wulur
Sociological Jurisprudence Journal Vol. 3 No. 2 (2020)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.3.2.1803.112-116

Abstract

The process of bankruptcy general confiscation sometimes clashes with criminal confiscation process. The present study aims to look at curators’ authority and responsibility to sell bankrupt properties, which have been confiscated by investigating officers in a case of criminal confiscation. It also delves into the legal ramifications that may occur and into the concepts of bankruptcy settlement. This study employs a juridical normative method and the necessary legal material are collected through literature study. The legal material are analyzed in juridical qualitative approach, using a comparison between bankruptcy laws in several countries. Based on the result of this study, it is concluded that curators’ authority and responsibility are still applicable even though they are subject to appeal. The legal consequences in the case that bankrupt estate is being confiscated by investigating officers due to the conflict between criminal confiscation and general confiscation require the court to prioritize the criminal confiscation. Once it is resolved, bankruptcy assets/estate are returned to the curator. This study recommends that there should be an effort to legally synchronize and harmonize Article 39 Point (2) of KUHAP (Indonesian Law of Criminal Procedure) with Article 31 Point (2) of Law No. 37 Year 2004 Concerning Bankruptcy and PKPU (Suspension of Payment/Debt Moratorium). One of the solutions offered in this study is by implementing E-Court, as is the case in Indonesia’s Constitutional Court, especially in Commercial Court whose habitat is digital and that handles legal problems pertaining to creative economy.
Impact of Corona Virus on Criminal Action and Prevention Measures in Indonesia I Ketut Seregig; Bambang Hartono; Budi Waskito
Sociological Jurisprudence Journal Vol. 3 No. 2 (2020)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.3.2.1823.117-125

Abstract

This article is data obtained from interviews with traders in traditional and modern markets about the impact of criminal acts due to the corona virus outbreak in Indonesia. The data is supported by secondary data collected from official sources, among others published by the ministry of trade and other social media. The purpose of writing this article is to provide input on a corona virus epidemic prevention plan and mitigate the impact of criminal acts due to hoax news related to corona virus outbreaks. The impact of the corona virus outbreak in the community is the accumulation of protective masks that cause the price of masks to rise in the market, the spread of hoaxes by people who are not responsible, among others; hoax news with the contents "corona virus cannot stand the heat", and "red ginger, kaempferiagalanga, curcuma, pepper are considered as drugs that can fight the corona virus" which results in an increase in the price of rhizomes and spices and is becoming rare in the traditional market. The stakeholders under the coordination of the Coordinating Ministers undertook strategic actions including the National Police and the Ministry of Health and the Regional Head who carried out market operations for the distribution of masks, ginger and spices distribution in traditional markets. As a result, the team formed by the National Police, assisted by the Ministry of Health, succeeded in capturing mask hoarders in the Jakarta area. The hoarders are prosecuted by carrying out law enforcement and bringing the perpetrators to justice.
Doing the Corporate Business with Piercing the Corporate Veil Doctrine: Indonesia, Us And Uk Perspective Ng Catharina Enggar Kusuma; Fl. Yudhi Priyo Amboro
Sociological Jurisprudence Journal Vol. 3 No. 2 (2020)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.3.2.1832.126-129

Abstract

The absence of piercing the corporate veil doctrine in the Indonesian company law shows that the subsidiaries of such corporate groups are considered a separate legal personality, hence it is probably almost impossible to held the parent company liable for its subsidiaries’ legal actions under any conditions. This research adopted a normative legal research with a comparative law study method. The goal of this research is describe the implementation of piercing the corporate veil doctrine in Indonesia, US and UK, then to make the points of contribution of this doctrine to be regulated properly in Indonesia. In fact, piercing the corporate veil doctrine is implemented in Indonesia, although there was not any normative legal basis of the doctrine itself, whereas in US and UK, the doctrine is implemented and further developed through precedents. Therefore, since there is an evident relationship between a parent company and its subsidiary, whereby in certain cases the parent company can and should be held liable for the acts of its subsidiary, there should be a more explicit regulation regarding both corporate groups and piercing the corporate veil doctrine.
The Constitutional Power Of The Executive in The Age of Rule of Law: A Comparative Study on Malaysia and Indonesia Norazlina binti Abdul Aziz; Rosa Ristawati
Sociological Jurisprudence Journal Vol. 3 No. 2 (2020)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.3.2.1857.75-83

Abstract

The rule of law sets as an important principle entrenched in the Constitution of Malaysia and Indonesia. This principle stand as a guardian against abuse of power by the government as nobody shall be above the law. This paper examines the practices of the executive power relating to decision-making policy, execution of power and enforcement activities in Malaysia and Indonesia. It also analyses how the executive branch perfoms the powers in accordance to the rule of law. It mainly focuses on the institutional framework of the head of the government and head of state. The analysis allows for identifications of issues and proposals on the enhancement of the executive branch in both countries that would increase the quality of state administration as well as promoting the rule of law. The study adopts a normative method where the fundamental discussions are based on normative approach with content analysis approach on the constitutional and legal provisions, legal cases, circular and directive. The data acquired through doctrinal study is supported by semi-structured interviews with respondents that have been selected through purposive approach. This article concludes that the executive branch plays important roles in promoting the rule of law in both countries. The Constitution, in this case, provides constitutional limitation for the institutional branch of the executive to perform its powers. In the age of rule of law, the executive powers has to be limited. There is no power without limits. The laws has to provide a clear legal direction and reliable mechanism of checks and balances to govern the exercise of the executive powers.
The Legality of Doctrine of Frustration in the Realm of Covid-19 Pandemic Sheela Jayabalan
Sociological Jurisprudence Journal Vol. 3 No. 2 (2020)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.3.2.1900.84-90

Abstract

The outbreak of the novel coronavirus (“COVID-19-Outbreak”) has a potential impact in the performance of a contract. If a contract does not contain a force majeure clause, a contracting party may look to the common law doctrine of frustration to relieve it from its obligations. Unlike force majeure clauses which focuses on the parties' express intention on how to deal with supervening events, frustration is implied by law and thus would only be considered in the absence of an express force majeure clause. In Malaysia, the doctrine of frustration is codified in section 57(2) of the Contracts Act 1957. A doctrinal analogy of the doctrine of frustration and section 57 of the Contracts Act 1950 indicates a pandemic such as the covid-19 would not frustrate a contract. Force majeure clause should be used as a protective tool to prevent losses to the contracting parties or alternatively the Principles of European Contract Law and the Unidroit Principles that make provisions for hardship as well as force majeure should be implemented.
A Comprehensive Force Majeure Model Clause in Corporate Transactions in Indonesia I Gusti Agung Ayu Gita Pritayanti Dinar; I Nyoman Putu Budiartha
Sociological Jurisprudence Journal Vol. 3 No. 2 (2020)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.3.2.1901.138-144

Abstract

Force majeure clause is presented in various models, from the simple to the complex ones that contain comprehensive descriptions, provisions, and notifications set out in an agreement with the details of the consequences of force majeure events. Force majeure clause serves as a complementary core clause and a renegotiating tool for the parties in the case of any event occurring beyond their reasonable control, which is important enough not to be overlooked by business actors. The Covid-19 pandemic which is currently ongoing worldwide, which has been declared as a global pandemic by World Health Organization (WHO) on 11 March 2020, has had a huge impact on the social life and the world economy which is very unsettling for business people, banks, and the society in general. The research questions investigated in this study are: (i) What are the factors causing failures in the performance of contractual obligations? (ii) What is a comprehensive force majeure model clause for corporate transactions in Indonesia? This study employs the normative legal research method. A normative legal research is guided by the characteristics of the object of the research, yet remains limited by the expected outcome of the norms initially established. The theories applied in investigating the problems in this research are the will theory (wilstheorie), trust theory (vertrouwensttheorie), and statement theory (verklaringstheori). In this study, will be identified a comprehensive force majeure clause enables the party who experiences a force majeure event to waive some provisions in the contract agreement.
Corruption: Working Hasn’t Completed Gde Made Swardhana; I Nyoman Sukandia
Sociological Jurisprudence Journal Vol. 3 No. 2 (2020)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.3.2.1911.130-137

Abstract

This article discusses problems of corruption which until now hasn’t been completed in its eradication process. Every effort is made to find both internal and external causes in order to get the solution. The problem that is studied sociologically is, why is corruption incomplete? If corruption isn’t yet complete, and work isn’t finished yet, then how can work be completed? Understanding Corruption can be called work is complete, must be understood from the anti-corruption values and principles contained therein. It’s include honesty, independence, discipline, responsibility, hard work, simple, courage, and justice. It’s need to be applied by each individual to be able to overcome external factors so that corruption doesn’t occur. To prevent the occurrence of external factors, in addition to having it, each individual needs to deeply understand the anti-corruption principles of accountability, transparency, fairness, policy, and policy control. Therefore the relationship between anti-corruption principles and values is an inseparable unity. Success or failure to solve the problem of corruption is expected in the legal system that makes the handle in solving corruption cases, namely strengthening the legal structure, legal substance and legal culture of the community.

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