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Aji Payuse
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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 9 Documents
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Search results for , issue "Vol. 7 No. 2 (2024)" : 9 Documents clear
Legal Responsibilities of Online Delivery Service Entrepreneurs as Intermediate Consumers for Obscurity Concert Ticket Information Ni Putu Sawitri Nandari; Ida Ayu Sadnyini; Dewa Krisna Prasada; Kadek Julia Mahadewi; Bellya Lulu'il Husna
Sociological Jurisprudence Journal Vol. 7 No. 2 (2024)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.7.2.2024.75-83

Abstract

In the current era of digitalization, where information technology continues to develop, accompanied by the competitive demands of the technology-based business world, new business ideas are being seen which are seen as great opportunities by business people. One of the businesses that is currently very popular is the online entrustment service business for purchasing concert tickets via Instagram. The purpose of this research is to determine and analyze the legal responsibility of online entrustment service entrepreneurs who default on consumers due to unclear concert ticket information and related forms of legal protection for consumers for unclear information by online entrustment service entrepreneurs in purchasing concert tickets via Instagram. The research method used is normative juridical using legal materials obtained from primary, secondary and tertiary legal materials. The existence of a breach of contract regarding unclear concert ticket information carried out by online entrustment service entrepreneurs on Instagram means that jastip entrepreneurs who violate the agreement can be held responsible for compensating consumers for losses with sanctions as regulated in the relevant regulations. Therefore, this creates the creation of consumers' rights to obtain legal protection, both preventively and repressively, where in order to realize this legal protection it is also necessary to have joint synergy between the government, society, institutions and related parties.
Multispecies Justice: Environmental Protection and Management Solutions Hughes Ramadinda Etnneji; Wiwiek Awiati
Sociological Jurisprudence Journal Vol. 7 No. 2 (2024)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.7.2.2024.90-98

Abstract

This article tries to discuss the issue of "justice" by comparing the objective condition of the environment in Indonesia which continues to worsen and looking at its relationship with the concept of sustainable development and the principle of justice in the PPLH Law. This paper is of the view that the ongoing environmental crisis shows that the idea of sustainable development in practice cannot take into account environmental conditions because it focuses more on aspects of economic development. Apart from that, this condition is exacerbated because the normative meaning of the principles of justice is still "human-oriented". This article is of the view that the idea of"multispecies justice" is a solution to the current environmental crisis. To include this idea in the PPLH Law, the author uses the concept of doctrinal interpretationfrom Jezki Wroblewski to carry out legal interpretation of the principles of justice in the PPLH Law. Justice must be interpreted to include human and non-human entities or "more-than-human-oriented" justice.
Balinese Customary Law Perspective on The Existence of Adopted Children I Nyoman Budiana; I Gede Putu Agus Wistama Putra
Sociological Jurisprudence Journal Vol. 7 No. 2 (2024)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.7.2.2024.84-89

Abstract

This research was conducted to find out what the inheritance rights of adopted children are regarding the existence of the inheritance of their adoptive parents according to Balinese customary law and what the position of adopted children is in the adoptive parents’ family according to Balinese customary law. The method in this research is descriptive legal research. Secondary legal materials are obtained from the results of literature reviews, books, statutory regulations, archives, and other materials or sources supporting this research. The results of the discussion are: 1) the inheritance rights of adopted children over the inheritance of adoptive parents according to Balinese customary law, namely, if the adopted child has carried out the Yadnya ceremony with meperas, the adopted child has the same position as the biological child and the adopted child has the right to inherit in his adoptive family. 2) The adopted child’s position towards the adoptive parents’ family according to Balinese customary law that the adopted child has the right to inherit as an heir like a biological child. The adopted child has no right to inherit the property inherited from his biological parents because his family relationship was severed at the time of the pemerasan ceremony.
Protection Against Trademark Holders In The Case of Jolibi Trademark PT Tatalogam Lestari Kus Prih Bandono; Markoni Markoni; Joko Widarto; Nardiman Nardiman
Sociological Jurisprudence Journal Vol. 7 No. 2 (2024)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.7.2.2024.99-107

Abstract

The development of a business in a country. Brands have an important role as a differentiator in the midst of goods and service activities in society. For business actors, a brand is an image and a good name for a company. The presence of Law Number 20 of 2016 concerning Marks and Geographical Indications aims to provide legal certainty for registered marks and have legal protection for registered marks, as well as to resolve disputes related to marks. One example in the research is the case study of decision number 39/Pdt.Sus-Merek/2023.PN.Niaga.Jkt.Pst between Jollibee Foods Corporation and PT Tatalogam Lestari. This research aims to examine issues related to the position and legal power of patented brand holders in Indonesia in accordance with the MIG Law and the form of legal protection for patented brand holders related to the lawsuit process in commercial courts. The research method used in this research is normative juridical research with a statutory and analytical approach that uses primary legal materials. The research results show that in the case of a brand dispute between Jollibee, owned by Jollibee Foods Corporation, and Jolibi, owned by PT Tatalogam Lestari, the brand registered first (first to file) has legal force because it is registered in the Intellectual Property Database of the Ministry of Law and Human Rights. Registered trademarks are entitled to protection for ten years and can be extended if the trademark in question is still used and circulating in Indonesia, as well as the form of legal protection for trademark holders in the study of decision number 39/Pdt.Sus-Merek/2023.PN.Niaga.Jkt.Pst. The panel of judges at the court of first instance decided that they rejected the plaintiff's claim in its entirety because the plaintiff could not prove the argument that it was a well-known mark, the form of legal protection for registered marks, namely, the protected mark of the party who registered the essentially the same or similar mark would definitely not be able to be registered, protection from applicants who have bad intentions, and protection by being able to file a lawsuit to cancel the deletion of a mark for a brand that has bad intentions.
Imposition of Double Charges on Hydroelectric Power Plants Titah Shanty Saraswati; R. Ismala Dewi
Sociological Jurisprudence Journal Vol. 7 No. 2 (2024)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.7.2.2024.108-116

Abstract

In meeting electricity needs, there is currently a shift in the use of fossil energy to water energy because fossil energy is no longer available. The use of water as a new renewable energy, as stated in the Electricity Supply Business Plan (RUPTL), which prioritizes Hydroelectric Power Plants (PLTA), is considered to require lower investment and stable electricity production compared to Solar Power Plants (PLTS) or Wind Power Plants (PLTB). Providing this water requires conservation costs and other water management costs. So the main topic studied in this research is the problems and impacts of the imposition of water fees including Natural Resource Management Services Fees (BJPSDA) and Surface Water Tax (PAP) on water resource conservation. The research used is explanatory doctrinal research using document studies. The results of the research are that apart from the BJPSDA, there is a PAP which has not been subject to earmarking. Both are regulated in different regulations but are imposed on the same object, namely water. Based on the analysis, it is necessary to evaluate how the implementation of the fee has been able to fulfill the community's rights to water and can maintain the sustainability of water availability through water resource conservation. Therefore, it is necessary to reconsider the imposition of double levies on surface water beneficiaries by changing the BJPSDA manager to a party who has a greater interest in water conservation results and applying the PAP earmarking concept.
Notary’s Authority Concerning Reporting Suspicious Transactions in the Prevention and Eradication of Money Laundering Crimes I Gusti Agung Ayu Winda Savitri Adi; I Gede Yusa; Anak Agung Sagung Laksmi Dewi
Sociological Jurisprudence Journal Vol. 7 No. 2 (2024)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.7.2.2024.117-125

Abstract

The purpose of this study is to determine the authority of Notaries in reporting transactions related to suspected money laundering and to analyze the application of the principle of confidentiality of Notary positions related to their authority in reporting transactions with suspected money laundering. The research method used is normative law with the statute, analytical, conceptual, and comparative approaches. The study results show that Notaries have the authority and are responsible for reporting suspicious transactions suspected of money laundering. The authority is related to the confidentiality of Notary positions, which experience conflicting norms between PP No. 43 of 2015 and UUJN, resulting in legal uncertainty. UUJN can set aside PP No. 43 of 2015 based on its lower hierarchy. However, because the crime of money laundering concerns the public interest, the confidentiality of the position can be set aside. In terms of reporting the alleged crime, Notaries are required to obtain legal protection as determined by statutory regulations.
Traditional Habits in Efforts to Preserve Underwater Ecosystems to Support Tourism on Jemeluk Beach, Purwakerti Village, Abang District, Regency Karangasem I Kadek Ari Putra
Sociological Jurisprudence Journal Vol. 7 No. 2 (2024)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.7.2.2024.126-131

Abstract

Purwakerti Village, Abang District, Karangasem Regency's Jemeluk Beach is well known for its diverse and abundant underwater natural beauty. Nonetheless, the viability of the undersea ecology is threatened by the quick growth of tourism. Local people have great potential to help preserve these ecosystems through their traditional knowledge and habits, such as sustainable fishing methods. In managing the underwater ecosystem at Jemeluk Beach, this research seeks to integrate the philosophical values of local wisdom and customs. It also optimizes the role of fishing communities in accomplishing the goal of sustainable ecosystem preservation within the framework of tourism development. The research method uses a normative legal approach with literature studies from primary, secondary, and tertiary legal materials. The research results show that the integration of traditional community knowledge with modern science can create an effective and sustainable conservation strategy. Environmental education, active participation of local communities, and implementation of environmentally friendly technologies are some of the strategies proposed to achieve these goals. In conclusion, further education and training, as well as cooperation between local communities, and governmental and non-governmental groups, can help preserve the underwater ecology at Jemeluk Beach. Promoting responsible and sustainable tourism development can enhance the economic well-being of nearby communities in addition to promoting environmental sustainability.
Recognition of Indigenous Peoples' Jurisdiction over Water: Comparison of Law in Indonesia and New Zealand Fatma Idris Rumalutur
Sociological Jurisprudence Journal Vol. 7 No. 2 (2024)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.7.2.2024.132-140

Abstract

This article argues that various water management issues in Indonesia today are caused by water governance that is still uniform between one region and another. In addition, water management law in Indonesia is still state-centric. On the other hand, the existence of customary law communities in Indonesia is still legally recognized by the state. By using the comparative law method, where I compare the laws in Indonesia and New Zealand, the findings of this research show that the granting of jurisdiction to indigenous peoples in the management of water resources in New Zealand shows the seriousness of the state to reform water management and truly strive for sustainable water management. The New Zealand government recognizes that water management using customary law can be a solution to water governance.
Criminal Liability of Frotteurism Offenders and Protection For Victims Fuadi Isnawan
Sociological Jurisprudence Journal Vol. 7 No. 2 (2024)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.7.2.2024.141-160

Abstract

Sexual violence is a serious problem in Indonesia with a high rate of cases. Law No. 12 of 2022 on the Crime of Sexual Violence (TPKS) and Law No. 13 of 2006 on Witness and Victim Protection have important urgency in protecting victims of sexual violence, including Frotteurism. Data shows a surge in cases of sexual violence, which includes various forms of harassment in public places, including public transportation. Criminal law protection for victims of Frotteurism is essential to provide fair access to legal services, psychological recovery, and rehabilitation. This research uses normative legal research method with case approach and statutory approach. . The research results of this article Frotteurism is a physical act of sexual harassment that degrades a person's dignity based on their sexuality and/or morality. This act is regulated in Law Number 12 of 2022 on the Crime of Sexual Violence and is subject to a maximum prison sentence of 4 years and/or a fine of IDR 50,000,000. The TPKS Law provides legal protection for victims of sexual violence, including Frotteurism. Victims' rights include the right to handling, protection, and recovery, tailored to the victim's specific situation and needs. Special rights for victims with disabilities are also accommodated. Law No. 13/2006 on Witness and Victim Protection also provides protection for victims of criminal acts, including Frotteurism. The rights of victims are regulated in Article 5 of the Law, including the right to protection of personal security, family, and property, as well as the right to medical assistance, psychosocial rehabilitation, and psychological.

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