cover
Contact Name
Aji Payuse
Contact Email
ajipayuse@warmadewa.ac.id
Phone
085338083663
Journal Mail Official
info.sosiologicaljurisprudence@gmail.com
Editorial Address
Jl. Terompong 24 Tanjung Bungkak Denpasar Bali, Indonesia
Location
Kota denpasar,
Bali
INDONESIA
Sociological Jurisprudence Journal
Published by Universitas Warmadewa
ISSN : 26158809     EISSN : 26158795     DOI : https://doi.org/10.22225/scj
Core Subject : Social,
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 13 Documents
Search results for , issue "Vol. 8 No. 1 (2025)" : 13 Documents clear
Political Transformation of Indonesian Tourism Law: A Critical Study of Sustainable Tourism Policy Nengah Sujana; Feri Irawan Widiyatmoko; Made Sinta Syaharani Sujana
Sociological Jurisprudence Journal Vol. 8 No. 1 (2025)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.8.1.2025.67-72

Abstract

Legal political transformation is a key element in creating sustainable tourism in Indonesia. Based on Law No. 10/2009 on Tourism and Bali Province Regional Regulation No. 5/2020, this study analyzes the implementation of sustainability principles in legal policies, which include environmental preservation, social justice, and economic welfare. Although sustainability principles have been implemented, challenges such as lack of policy harmonization, weak supervision, and low involvement of local communities remain. A comparative approach with other countries, such as Bhutan and New Zealand, shows the importance of collaboration between central and local governments. This research recommends updating the legal framework, using technology for monitoring, and strengthening the participation of indigenous communities, in order to realize economically, ecologically, and socio-culturally sustainable tourism, with a local wisdom-based approach.
Judicial Review of The Binding Force of Foreign Companies Shares Transfer Upon Control of The Assets in Indonesia I Gusti Agung Ayu Gita Pritayanti Dinar; I Made Pria Dharsana
Sociological Jurisprudence Journal Vol. 8 No. 1 (2025)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.8.1.2025.59-66

Abstract

In the digital industry era, it is very easy for business actors to choose the law of a country where a company will be registered upon various considerations such as the efficiency factor and a range of benefits derived from the chosen law. If a contract involves two legal subjects with different citizenships, then there will be two different legal systems, namely a foreign law and the national law of a particular country. This can certainly lead to international civil law issues, because the parties bring their respective legal systems into the contract. They can choose their national law or a foreign law as long as it does not conflict with public order or the compulsory rules. For agreements with transnational aspects, this choice of law issue becomes important. Not every foreign party feels comfortable if the agreement is construed according to the Indonesian law. A foreign legal forum for an agreement involving Indonesia is valid and binding if it has been agreed upon by the parties and covered in a clause in the agreement. Some business actors prefer and agree to choose the country of Bermuda as the legal home of their company for certain reasons. The research questions investigated in this study are: (i) What is the regulation of transfers of shares of foreign companies incorporated in Bermuda? (ii) Are transfers of shares of foreign companies incorporated in Bermuda legally binding upon the assets of companies domiciled in Indonesia? This study employs the normative legal research method. 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 approaches used in this study are (i) the analytical and conceptual approach and (ii) the comparative approach, whereby a comparison is made between the application of the corporate law of Bermuda and the Law of the Republic of Indonesia No. 40 of 2007 on Limited Liability Company. Sources of legal materials used in this study include related literature, journals, articles and theses that are relevant to the subject matter. The theories applied in investigating the problems in this research are the transnational theory and economic-legal theory. Through this research, it will be possible to determine the regulation of transfers of shares of foreign companies incorporated in foreign countries (in this case Bermuda) and the binding force of such transfers upon the assets of companies domiciled in Indonesia.
RETRACTED ARTICLE: The Role of Justice Law Enforcement by Judges in Handling Criminal Cases Nani Widya Sari; Oksidelfa Yanto; Guntarto Widodo; I Nyoman Putu Budiartha
Sociological Jurisprudence Journal Vol. 8 No. 1 (2025)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This article has been retracted with agreement of the journal editors. The retraction is due to a significant overlap with an article by the same authors that has been published in another journal (Legalis : Journal of Law Review). This constitutes a case of duplicate publication, which is a breach of our journal's publication ethics policy. The authors apologize to the readers and editors of both journals for this oversight. The journal is committed to upholding the integrity of the scientific record.
Copyright Dispute Resolution in Indonesia Alum Simbolon; Japansen Sinaga
Sociological Jurisprudence Journal Vol. 8 No. 1 (2025)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.8.1.2025.1-11

Abstract

Settlement of Copyright disputes can be done through Alternative dispute resolution, arbitration, in the Commercial Court. Copyright violations often occur so that legal settlement is needed so that the Community as creators can obtain legal certainty. Settlement of copyright disputes in the Commercial Court, this court's competence is absolute competence (absolute competentie) because it is stated that other courts besides the commercial court are not authorized to handle the settlement of copyright disputes and other intellectual property rights, except for Trade Secrets and Plant Varieties. Settlement of copyright disputes through non-litigation is often referred to as copyright settlement carried out outside the court. The existence of dispute resolutions outside the court is a breakthrough because many cases are piling up in the court that have not been resolved.
Legal Protection For Employees Affected by Layoffs or Layoffs Reviewed From The Perspective of The Job Creation Law I Nyoman Adi Muliana Kusuma; I Nyoman Bagiastra
Sociological Jurisprudence Journal Vol. 8 No. 1 (2025)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.8.1.2025.36-43

Abstract

The focus of this study is to analyze legal certainty for the relevant community regarding legal protection if affected by layoffs (Termination of Employment). This study applies normative legal research methods with a legislative, conceptual, and analytical approach. The conclusion of the study explained that legal certainty for people affected by layoffs undertaken by companies in order to obtain their rights as employees in the company and nationally in Indonesia refers to the Job Creation Law and Government Regulation Number 35 of 2021. Referring to the point of view of human rights, obtaining information and education, including the rights of the community, one of them fulfills it through the fulfillment of employee rights in the work agreement with the company.
Embodiment of The Principle of Opportunity Through The Authority of Deponering by The Attorney General in Criminal Justice in Indonesia I Putu Gede Titan Bismantara; I Dewa Gede Dana Sugama
Sociological Jurisprudence Journal Vol. 8 No. 1 (2025)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.8.1.2025.30-35

Abstract

This study aims to provide an explanation regarding the authority of the Attorney General in deponeering a case, which is an important aspect of the Indonesian criminal justice system. It relates to prosecutorial policies that can influence the course of legal proceedings and the legal consequences arising from the deponering provisions outlined in the Prosecutor's Office Law. Deponering, in simple terms, refers to the cessation of prosecution of an ongoing case, granted to the Attorney General with the aim of considering the broader public interest and the utility of the ewalaw. However, the existing regulations still provide ambiguous provisions regarding the authority of deponering. For example, Law Number 11 of 2021 does not clearly outline the criteria for cases that can be classified as involving "public interest," leading to multiple interpretations and norm confusion, which causes legal uncertainty. Therefore, it is necessary to establish clear and comprehensive regulations regarding this issue. The research method used in this paper is a normative legal research method, with an approach focused on the analysis of legal regulations, examining the substance of the existing laws as the main object of the study.
Integration of Efficacy Values in Comparison of Legal Systems: A Reform Perspective Ade Saptomo; Badrunsyah Badrunsyah; Merry Aryanti
Sociological Jurisprudence Journal Vol. 8 No. 1 (2025)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.8.1.2025.27-29

Abstract

The Indonesian legal system still focuses on a normative approach that lacks real benefits for society. The utilitarian approach applied in various global legal systems can improve the application of laws that are more efficient and fairer. This study aims to analysed the integration of utility value in the comparison of legal systems and legal reform in Indonesia. The method used is a comparative analysis of legal systems through literature studies on the application of utility in law in the United Kingdom, Japan, and Continental European countries. The application of the value of utility can increase the effectiveness and fairness of the legal system. Countries with this approach show legal solutions that are more responsive to social needs. The integration of utility values in the Indonesian legal system is important to create a more efficient and fair legal system.
Juridical Review of the Spread of Pinkflash Dangerous Cosmetics in the Perspective of Legal Protection of Consumers in Indonesia Ketut Purnama Sari; I Nyoman Bagiastra
Sociological Jurisprudence Journal Vol. 8 No. 1 (2025)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.8.1.2025.44-50

Abstract

The development of the times and the advancement of technology, namely social media, causes someone to want to look beautiful, especially for women. This can be seen by the many transactions of buying and selling various cosmetic products either through direct shopping to the store or using applications such as Shopee and Tokopedia online. Some cosmetic products on the market contain harmful substances. These cosmetics are certainly dangerous if applied to facial skin.  The most fatal negative impact can cause cancer or damage to facial skin. The purpose of writing this journal is so that women or other consumers are more sensitive and vigilant in choosing and using cosmetics on the market. The writing method used is normative legal research, with a legal approach, cases and reviewing secondary legal materials as the main data source. The problem in this study is how to protect consumers due to the spread of cosmetics from pinkflash products that contain harmful ingredients. The results of the study found that several types of cosmetics from the Pinkflash brand contain harmful substances. This product is known to have spread widely in the market, so it is important to do several strategic ways through the UUPK and the Health Law in resolving risks. The form of legal protection provided is in the form of preventive and repressive protection.
Legal Responses to Violence Against Football Referees: Criminal Liability and Disciplinary Measures I Nyoman Aji Duranegara Payuse; Amos Mokorros; I Made Suwitra; I Ketut Sukadana
Sociological Jurisprudence Journal Vol. 8 No. 1 (2025)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.8.1.2025.19-26

Abstract

Physical attacks on football referees by players pose significant legal challenges that require analysis within both international and Indonesian legal frameworks. This study examines the legal consequences of such acts by reviewing applicable laws, regulations, and case precedents. The research employs a normative juridical method, focusing on legal norms through statutory and conceptual approaches. Primary data consists of legal regulations, including Indonesian criminal law and FIFA rules, while secondary data includes academic literature, legal doctrine, and case studies. This approach allows for an in-depth examination of the legal framework governing referee assaults. Findings reveal that although Indonesian law criminalizes physical attacks, enforcement is inconsistent due to limited awareness and reluctance to prosecute offenders. FIFA regulations impose disciplinary measures, but their implementation varies. The study concludes that strengthening legal frameworks, enhancing enforcement, and fostering cooperation between sports authorities and legal institutions are crucial to protecting referees and preserving the integrity of football.
Integrating Transport as A Human Right: Addressing Accessibility and Equity in Public Transportation Systems Isatou Jallow; I Nyoman Aji Duranegara Payuse; I Made Suwitra; I Ketut Sukadana
Sociological Jurisprudence Journal Vol. 8 No. 1 (2025)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.8.1.2025.12-18

Abstract

The recognition of transport as a fundamental human right has gained increasing attention in policy and academic discourse. Access to reliable and equitable public transportation is crucial for promoting social inclusion, economic opportunity, and sustainable development. However, many urban centers, particularly in developing countries, face significant challenges related to accessibility and equity in public transport systems. This research examines the legal and policy frameworks supporting transport as a human right and explores global best practices in achieving accessible public transport. Using a normative juridical method, this study analyzes international human rights treaties, national regulations, and urban transport policies. Comparative case studies of cities such as Bogotá, Curitiba, and Jakarta provide insights into the successes and challenges in integrating transport as a human right. Findings indicate that robust public transport infrastructure, political commitment, community participation, and integration with land-use planning are essential for ensuring accessibility and equity. However, barriers such as inadequate funding and policy fragmentation continue to hinder progress in many regions. The study concludes that recognizing transport as a human right requires legal and institutional reforms that prioritize marginalized communities, enhance investment in inclusive infrastructure, and foster participatory urban planning. Lessons from successful cities offer a roadmap for policymakers to develop equitable and sustainable transport systems that uphold human rights and social justice.

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