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[Actio Communi Dividundo ]]>
<![CDATA[I Wayan Suka Wirawan]]>
<![CDATA[ Sociological Jurisprudence Journal Vol. 6 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.6.2.2023.105-115
<![CDATA[The research article titled "Actio Communi Dividundo" delves into the intricate legal dynamics surrounding the sale-purchase of immovable property, particularly concerning land rights. In the event that the buyer is bound by marriage relationship, the rights to the land are the so-called joint rights (gono-gini) of a fair of husband/wife. However, regarding to the registration of their rights, PPAT generally does not register both husband and wive as the holders of the right or is registered only on the name of one holder of the right, without having to obtain consent from the other right holder. As a result, not all the name of the right holders is registered as the right holders. This situation is certainly detrimental to the party whose her name is not registered as the holder of the right, especially in the event of a divorce and the party who his name is registered are not willing to voluntarily share such joint property. This paper aims to show whether the practice of joint land (gono-gini) registration only on the name of one party without consent of the other party has been pursuant or instead contravene to legal principles. The method has been used is normative legal research, and it was found that the practice of registering joint land only on the name of one right holder without any consent of the other right holder is contrary to the principle that every legal act regarding to joint property must obtain the consent from the entire rights holders; a principle which historically based upon the Roman civil law tradition as contained in the Corpus Iuris Civilis and its transformation into Actio Communi Dividundo.]]>
<![CDATA[Law Enforcement, Human Rights Protection, And Challenges Faced by SOEs and SOE Subsidiaries (Post Constitutional Court Decision Number 01/PHPU-PRES/XVII/2019) ]]>
<![CDATA[Binsar Jon Vic S]]>
<![CDATA[ Sociological Jurisprudence Journal Vol. 6 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.6.2.2023.93-96
<![CDATA[Business transformation, law enforcement, and safeguarding human rights are pivotal global concerns applicable to all nations and jurisdictions. These issues present notable challenges, particularly for State-Owned Enterprises (SOEs) and their subsidiaries. This has been underscored in the discourse surrounding Constitutional Court Decision Number 01/PHPU-PRES/XVII/2019, which implicitly recognizes SOE Subsidiaries as problematic elements within corporate operations. A central inquiry arising from this context is how the regulations governing SOEs and their subsidiaries' activities have evolved subsequent to the aforementioned Constitutional Court Decision. The research employs a normative juridical legal approach, drawing on primary sources such as regulations and statutes pertinent to the case, along with secondary data. The primary objective of this study is to offer legal insights to law enforcement bodies and institutions directly involved with State-Owned Enterprises and their subsidiaries. These entities are anticipated not only to enhance profitability but also to function as catalysts for societal well-being. The findings of this research underscore the vital role played by SOEs and their subsidiaries in aiding corporate restructuring, upholding legal standards, and advocating for human rights, both internally and externally.]]>
<![CDATA[Grant Money with a Legal Certainty by Regional Government to Traditional Villages in Bali ]]>
<![CDATA[I Wayan Suambara]]>;
<![CDATA[I Nyoman Putu Budiartha]]>
<![CDATA[ Sociological Jurisprudence Journal Vol. 6 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.6.2.2023.97-104
<![CDATA[The regulations governing the allocation of finances for customary law community units are missing in the context of Law Number 23 of 2014 about Regional Government. Therefore, the primary objective of this study is to examine how the Regional Government can establish precise legal instructions for granting financial assistance to Traditional Villages in Bali. This investigation employs a normative method, involving a thorough analysis of Law Number 23 of 2014, Minister of Home Affairs Regulation Number 14 of 2016, and Bali Province Regional Regulation Number 4 of 2019, all related to Traditional Villages in Bali. The research findings indicate that the implementation of Minister of Home Affairs Regulation Number 14 of 2016 has not adequately ensured legal clarity. To bridge the gaps in existing norms, it is essential to reformulate both the regulations in the Law on Regional Government and the Minister of Home Affairs Regulation Number 14 of 2016. Concerning the Law on Regional Government, it's vital to amend Article 298, paragraph (5), by introducing supplementary provisions that can later be defined through Ministerial Regulations]]>
<![CDATA[Converting the Function of Rubber Plantation Land to Housing in Way Kanan, Lampung (Field Study at Transmedika Residence, Way Tuba District) ]]>
<![CDATA[Benny Djaja]]>;
<![CDATA[Altina Intan N]]>
<![CDATA[ Sociological Jurisprudence Journal Vol. 6 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.6.2.2023.88-92
<![CDATA[The purpose of this writing is to analyze regarding the factors that cause the conversion of plantation land into housing and the impact of land conversion plantation into housing in Way Tuba District. The research method uses qualitative research. Factors causing land use change plantation into housing the internal factors of the plantation owner taking into account the social and environmental conditions of the local residents and land use. The internal factor of the garden owner is expected to be the way for the growth and development of the area and local people. If a factor can affect a human action, it is hoped that this factor will have benefits in it by taking into account the surrounding conditions and getting benefits for all parties and there is no loss in it. It is hoped that Internal and external factors such as the surrounding environment will not conflict with laws and regulations and remain steadfast in the 1945 Constitution that everything must aim at the welfare of all Indonesian people. This research aims to discuss about converting the function of rubber plantation land to housing in way Kannan, Lampung. The method used in this research is method qualitative. The positive impact that is felt is the emergence of new residential areas to meet housing needs, increased trading activities and additional Regional Original Income (PAD) from levies and taxes, while the negative impact of converting plantation land into settlements is that food productivity will decrease or decrease. Plantation land, which has become narrower due to conversion of functions, has also resulted in a decrease in food production.]]>
<![CDATA[The Synergy Between Law And Technology Towards Justice System Reform In Indonesia ]]>
<![CDATA[Lukas Norman Kbarek]]>;
<![CDATA[Ni Putu Rai Yuliartini]]>;
<![CDATA[Dewa Gede Sudika Mangku]]>;
<![CDATA[I Dewa Gede Herman Yudiawan]]>
<![CDATA[ Sociological Jurisprudence Journal Vol. 6 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.6.2.2023.123-132
<![CDATA[This study aimed to examine the Regulation of the Supreme Court of the Republic of Indonesia Number 3 of 2022 concerning Electronic Mediation in Courts and analyze the effectiveness of E-Courts and Electronic Mediation efforts in the justice system in Indonesia. This type of research is normative legal research. This research is a descriptive qualitative research that describes the existence and role of E-Court to realize efficiency and effectiveness in the justice system in Indonesia. The writing of this article used secondary legal materials, namely books, journals, articles, and other written works originating from both printed and internet media, as well as phenomena that occur in the field. The results show that the Mediation Procedure in Court in its implementation aims as an alternative step to reconcile civil disputes in Indonesia. In this case the procedural law used is civil procedural law (HIR) and Rbg, as well as technically and operationally used as a reference is the Regulation of the Supreme Court of the Republic of Indonesia Number 3 of 2022 concerning Mediation in Courts Electronically]]>
<![CDATA[Development of Balinese Customary Law in the Perspective of Local Wisdom “Tri Hita Karana’’ ]]>
<![CDATA[Nyoman Gede Antaguna]]>;
<![CDATA[I Nyoman Putu Budiartha]]>
<![CDATA[ Sociological Jurisprudence Journal Vol. 6 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.6.2.2023.144-149
<![CDATA[This research article explores the development of Balinese Customary Law within the context of the profound local wisdom known as "Tri Hita Karana." The study delves into the distinctive features of customary law in Bali and its evolution in the contemporary era. This article aim is to describe regarding customary law in Bali and how it develops in the modern era. Its unique raises some discussion for some jurist and academic community, how the legal sytem works in the dominate of costomary law in Bali. This article also trying to identified what is insist in Bali’s customary Law. Bali is a very popular tourism destination in the world. The arrival of millions foreign tourists per year with diverse backgrounds. The presence of these foreign has created a cross of cultures in the society, furthermore with advances in science and technology. Over the years those phenomena happened in Bali. Nevertheless, Balinese culture is very strongly applied by its citizens. The activities of religious ceremonies, arts and customs are very strong as daily activities. This is what is unique to Bali in the perception of the world, not solely because of the beauty of its panorama. Customary Law is still applied in Bali which binds the community in addition to the applicable Positive Law. Recognition of this customary legal entity is accommodated in several forms of legislation. Each indigenous community, referred to as an Indigenous Village, has its own customary laws. They are the ones who compile customary laws that have implications for the respect of their society for the customs in Bali. Enriched by Balinese local wisdom, notably the revered philosophy of "Tri Hita Karana," Customary Law stands as a cornerstone of the island's legal and cultural identity.]]>
<![CDATA[Independence of Judges and Public Opinion ]]>
<![CDATA[Meliyani Sidiqah]]>
<![CDATA[ Sociological Jurisprudence Journal Vol. 6 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.6.2.2023.133-143
<![CDATA[The research article titled "Independence of Judges and Public Opinion" delves into the intricate relationship between the freedom of judges and public opinion, two intangible yet impactful forces that shape the judicial landscape. The freedom of judges and public opinion are two things that cannot be seen, but both can be reflected. This freedom seems an absolute power in making decisions, even though this freedom still has limitations. Unfortunately, we cannot find the judge's standing point in the decision because the judge did not provide his arguments, making it difficult to identify whether the judge was influenced by public opinion or not. This article examined the relationship between the judge’s independence and the judge’s power in making decisions and the effects of public opinion on the judge’s independence. This article is a normative juridical research with interdisciplinary method research by using perspectives from other scientific disciplines that used to support discussions related to the problem which still use the law as a standpoint. This article discussed not only from a normative perspective, but other aspects such as sociology, culture, and psychology. The result of this research, the relationship between the judge’s independence and the judge’s power in making decisions must be maintained by the judge’s integrity, and public opinion as a long-life problem could affect the judges through pressure. There must be a regulation that orders the judges to provide the arguments according to the case which can be assessed by anyone, and surveillance according to the decision that has to give feedback to the judges itself. Besides, there must be an accountability system for the supervision of judges related to the contents of the decision, to society, people, organization, and state.]]>
<![CDATA[Coastal Boundaries: Challenges and Law Enforcement On Hotel Services In Indonesia Tourism Areas ]]>
<![CDATA[Bambang Karsono]]>;
<![CDATA[Ika Dewi Sartika Saimima]]>;
<![CDATA[Dwi Andayani Budisetyowati]]>
<![CDATA[ Sociological Jurisprudence Journal Vol. 6 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.6.2.2023.82-87
<![CDATA[As an archipelagic country, Indonesia has always been a tourist choice for travelers. Beach tourism is an option for tourists. In addition, the coastal area is one of the primary commodities of state income from the tourism sector. However, coastal areas often have problems related to control, ownership, use, or utilization of land. There are many violations of spatial planning, for example, making the object of the building a place of lodging around the shoreline. The development around the shoreline violates Article 17 of Law Number 33 concerning Job Creation which states that any person in carrying out his business and or activities utilizing the space that has been determined without having an agreement on the suitability of the use of space by causing a change in the function of the space will be punished with imprisonment for a maximum of 3 years and a fine, a maximum of 1 billion rupiahs. Presidential Regulation Number 51 of 2016 concerning Coastal Boundaries emphasizes the importance of establishing coastal boundaries. Preliminary observations of this problem indicate that there are still many buildings around the shoreline used as lodging, which results in abrasion of the coastal area. This study aims to discuss violations committed by hotels in tourism location, especially in the Kuta area. This study uses empirical normative legal research methods and studies of legislation that have not been effective. Law enforcement is needed to maximize the role of the government and society.]]>
<![CDATA[Building an Anti-Corruption Village with Local Wisdom in Tourism Towards the Richest Village in Indonesia (A Closer Look at Kutuh-Badung-Bali Village) ]]>
<![CDATA[Amalia Syauket]]>;
<![CDATA[Ali Johardi Wirogioto]]>;
<![CDATA[Donny Ramadhan]]>
<![CDATA[ Sociological Jurisprudence Journal Vol. 6 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.6.2.2023.75-81
<![CDATA[In the midst of the dark image of village funds due to the corruption of the village head, there is a lamp in the south of Bali. Kutuh Village, which was once poor and arid, has now become an independent village thanks to village funds from the government. Kutuh Village has received village funds of around IDR 3.5 billion. The village budget management sector was recorded as the largest contributor to state losses in 2018. The biggest challenge in managing Village Funds comes from the uniqueness of the village government system in Bali with the concept of dualism of power: official villages and traditional villages, in the development of culturally-inspired Balinese tourism. this study aims to capture how local wisdom in the field of tourism in Kutuh Village, especially as a means of mitigating fraud in managing village funds. This study uses normative and empirical juridical research. Opportunities for fraud are mitigated by implementing local wisdom which is still very much embedded in the daily life of the people of Kutuh Village, which is based on the principle: from by Krama and for karma (citizens), with the ultimate goal of strengthening traditional institutions and religious traditions with wisdom local in it in order to realize prosperity and harmony between elements in accordance with the philosophy of trihita karana and in essence this is the mandate of giving village funds.]]>
<![CDATA[Analysis Of The Existence Of State Law In Implementing A State Of Emergency In The Covid-19 Situation In Timor-Leste ]]>
<![CDATA[Lucia de Canossa Silva Hau]]>;
<![CDATA[Ketut Adi Wirawan]]>
<![CDATA[ Sociological Jurisprudence Journal Vol. 6 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.6.2.2023.117-122
<![CDATA[Concerning “The Existence of the state of Law in implementing of a State of Emergency in the Covid-19 Situation†is a constitutional reflection. Regarding state issues in the juridical aspect, the researcher sees that there have been multiple lexical interpretations in the use of the words Estado Emergencia and Estado de Esesaun. In the author’s opinion, this theoretical issue is that the concept of Staatnoodrecht (Netherlands) is divided into two parts, namely Subjective Staatnoodrecht and Objective Staatnoodrecht. There are two formulations of the problem. First, does the real situation of Covid-19, which attacks the population of the entire territory of Timor-Leste, meet the requirements to be declared Timor-Leste in a state of emergency? Second, how is the existence of state law in a state of emergency? This study uses normative juridical methods, including statutory, conceptual, and historical approaches. This research is expected to find basic theoretical ideas to realize the existence of the law state in implementing emergencies in the Covid-19 situation.]]>
