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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 12 Documents
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Search results for , issue "Vol. 8 No. 2 (2025)" : 12 Documents clear
Disclosure In Indonesia’s Digital Marketing Regulations: Contract Validity And Consumer Protection Puspaningtyas Panglipurjati
Sociological Jurisprudence Journal Vol. 8 No. 2 (2025)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.8.2.2025.206-214

Abstract

The use of social media in Indonesia continues to grow, not only for social activities but also for economic activities. Deals in economic activities on social media conducted by brands often involve influencers to promote goods or services. This article analyses digital marketing conducted by influencers through social media under Indonesian law. The analysis is performed based on various regulations applicable in Indonesia, such as regulations on electronic commerce and marketing, agreements, and consumer protection, by first looking at rules on digital marketing in various countries. Several countries have more specific regulations, including endorsement guides, emphasizing disclosure obligations and minimum clauses that must be included in contracts between brands and influencers. Contracts between brands and influencers need to be reviewed to ensure that the clauses agreed between the brand and the influencer have an impact on fulfilling the legal requirements of a sales and purchase contract, in this case, relating to a free agreement between the brand and the consumer and by the principles of consumer protection. Based on the review conducted, various existing regulations must be reviewed for their suitability in developing community activities. Further, the urgency of establishing a special regulation on digital marketing conducted by influencers through social media needs to be reviewed.
Analysis of the Causes of Tiktok Shop Closures in Indonesia Kadek Januarsa Adi Sudharma; Anak Agung Ngurah Bagus Swadharma Sanjaya
Sociological Jurisprudence Journal Vol. 8 No. 2 (2025)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.8.2.2025.164-170

Abstract

Advances in digital technology have transformed commerce in Indonesia, and the emergence of e- commerce platforms has created significant challenges to the current legal framework. In this regard, the TikTok Shop phenomenon provides an interesting case study that illustrates the complex interplay between legal compliance and technical innovation. This paper examines the legality and dynamics of e-commerce in Indonesia using TikTok Shop, a social commerce network that was shut down and then resurrected through a merger with Tokopedia. Analyzing the legality of the TikTok shop and determining the reasons for its closure are the main objectives of this research. This research examines a number of laws, including the Electronic Information and Transaction Law, the Job Creation Law, and the Minister of Trade Regulation. This research aims to juridically analyze the existing e-commerce system in Indonesia. Specifically in the case of TikTok Shop, which experienced closure and the return of TikTok Shop after the merger with Tokopedia. and also how the implications for the regulation and practice of e-commerce in Indonesia. Statutory and conceptual methods are part of the normative legal approach. According to the research, TikTok Shop was first shut down due to a number of violations. The violations included purported data piracy, unfair pricing practices, and not having a Trading Through Electronic Systems (PPMSE) license. The platform was able to resume operations in accordance with the law after the merger with Tokopedia. This research uses Gustav Radbruch's theory of legal certainty to investigate the alignment between justice, expediency, and legal certainty. The findings of this research highlight the need for adaptable legislation to keep up with the rapid growth of digital technology. Protection of small and medium-sized enterprises (MSMEs), clear electronic contracts, and creating a robust and competitive e-commerce environment are the main objectives of this study.
The Paradox of Legalization of Marriage (Itsbat Nikah) in The Paradox Indonesia: Legal Protection or Loophole Zaitun Abdullah; Putri Ayu Maharani
Sociological Jurisprudence Journal Vol. 8 No. 2 (2025)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.8.2.2025.171-181

Abstract

This study aims to criticize the effectiveness of the legalization of marriage (itsbat nikah) procedure in Indonesia as a legal mechanism to validate unregistered marriages (nikah siri), using the analytical tools of eclecticism and maslahah theory. The legalization of marriage procedure is intended to protect the rights of couples and children when the marriage has not been officially registered. However, the number of legalizing marriage applications continues to increase every year, indicating that unregistered marriages are still rampant in Indonesia. This trend raises concerns about whether the itsbat nikah procedure effectively enforces the law or provide a way to avoid the requirements of a valid marriage. Using normative legal research methods, this study analyzes relevant court decisions, statistical data from supreme courts, and interviews with legal practitioners involved in the implementation of itsbat nikah. The findings of this study reveal that although itsbat nikah provides a legal solution for those who are in a religiously valid but unregistered. It also risks public legal awareness by being considered an easy solution, if there are marriages that still do not fulfil the requirements of marriage to carry out a nikah siri first. Referring to the theory of legal eclecticism, this study highlights the problems between religious practices, state law, and broader implications for legal education and social responsibility in marriage registration. Sharia provisions regarding Itsbat nikah should aim to uphold justice and the welfare of society, including ensuring legal recognition and protection of the rights of the parties involved in a marriage.
Legal Politics of Village Fund Supervision in Preventing Potential Corruption in Indonesia Dewi Ambarwati; Muchammad Ja’far Shodiq
Sociological Jurisprudence Journal Vol. 8 No. 2 (2025)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.8.2.2025.189-197

Abstract

Corruption cases related to the misuse of village funds in Indonesia remain a particular problem for the implementation of the village administration system. In fact, even though Indonesia already has regulations regarding the use and supervision of village funds from the government, this has not reduced the potential for corruption in villages. The existence of several abuses of authority by village officials, minimal community participation, and weak internal and external supervision systems for the use of village funds remain the main causes. This study aims to analyze the direction of legal policy on the supervision of village funds in Indonesia, identify obstacles to supervision in practice, and formulate ideal strategies for strengthening the supervision system as a preventive measure against corruption in the village sector. This is a normative legal study using secondary data, analyzed using descriptive and prescriptive analysis. The results of the study indicate that although oversight is regulated normatively, its implementation remains weak due to insufficient oversight capacity, weak integrity of officials, and minimal community involvement. A renewal of legal policy direction is needed, emphasizing the strengthening of oversight based on participation and public transparency.
The Relativity of Mitigating Factors in Corruption Crime Verdicts: A Philosophical and Juridical Study Based on Substantive Justice and Judicial Legal Reasoning Yogi Yasa Wedha; Made Hendra Wijaya; Putu Sekarwangi Saraswati
Sociological Jurisprudence Journal Vol. 8 No. 2 (2025)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.8.2.2025.98-104

Abstract

The relativity in applying mitigating factors in corruption case verdicts often leads to legal uncertainty and inconsistency with the principles of substantive justice. This study aims to analyze how mitigating factors influence substantive justice by employing John Rawls’ theory of justice and to evaluate judicial legal reasoning through Neil MacCormick’s theory. Employing a normative juridical approach, this research conducts an in-depth analysis of legal literature and relevant theories. The results reveal that the variable application of mitigating factors may lead to inconsistencies between judicial rulings and the principles of substantive justice, especially when social impacts are overlooked. Moreover, the absence of structured standards leads to variations in judicial reasoning, causing public dissatisfaction with the judicial system. This study recommends the development of more stringent and measurable guidelines, as well as enhanced knowledge and training for judges to integrate substantive justice theories and legal reasoning into practice, thereby improving transparency, consistency, and the legitimacy of court rulings.
Legal Aspects of Joint Venture Business in The Development of Sustainable Environmental Commercial Property Areas Putu Sintha Devi Ayudya Ningrat; Deli Bunga Saravistha; Kadek Dedy Suryana
Sociological Jurisprudence Journal Vol. 8 No. 2 (2025)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.8.2.2025.105-116

Abstract

Property investment in Indonesia continues to experience significant growth each year, especially through joint venture schemes between domestic and foreign investors. This investment model is considered promising due to high market demand and stable land value appreciation. However, the development of commercial property areas often has an impact on the environment, such as land conversion, social changes in local communities, and potential pollution. Therefore, environmental sustainability aspects have become an important concern in business law, particularly in the regulation of joint venture-based investments. This research aims to examine the legal regulations regarding joint ventures in the development of commercial property areas, as well as the obligation to prepare an Environmental Impact Assessment (AMDAL) as stipulated in national legislation and international principles such as the Rio Declaration 1992, using normative research methods and a case approach. The study results show that although joint ventures are not explicitly regulated in the Limited Liability Company Law, this form of business entity is widely used and subject to environmental legal obligations, including the precautionary principle, polluter pays principle, and sustainable development. This study emphasizes the need for synergy between developers, the government, and the community to ensure that property development is not only economically beneficial but also responsible towards environmental sustainability.
Disharmony in The Regulation of Trading in Influence Within The Criminal Offense of Bribery and Its Impact on Governance Amalia Syauket
Sociological Jurisprudence Journal Vol. 8 No. 2 (2025)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.8.2.2025.117-127

Abstract

In Indonesia, corruption has become akin to an advanced-stage cancer, difficult to cure and deeply entrenched. The severe consequences of corruption were a driving force behind the United Nations Convention Against Corruption (UNCAC) Summit held from December 9–11, 2003, in Merida, Mexico. This convention, ratified by 133 countries including Indonesia, became the first legally binding international anti-corruption instrument. However, the concept of trading in influence has yet to be formally adopted as a criminal offense under Indonesia’s Law on the Eradication of Corruption Crimes, despite being recognized as a distinct offense under Articles 12 and 18 of the UNCAC. The disharmony between trading in influence and the offense of bribery lies in several key aspects, although both are forms of corruption that must be addressed. This normative juridical research aims to identify the key aspects contributing to the disharmony in regulating trading in influence under bribery provisions, which in turn creates legal uncertainty. Furthermore, the study investigates the implications of this disharmony for governance. The academic analysis concludes that integrating trading in influence into the offense of bribery without clear distinction and careful consideration may lead to horizontal disharmony within the legal framework. Another consequence is that officials involved in trading in influence may be prosecuted under bribery provisions, thereby facing the risk of imprisonment and substantial fines. This regulatory gap also reveals a deficit in ethical integrity reflecting moral corruption among public officials which significantly undermines governance. Its direct consequences include declining public trust and the erosion of good governance practices. Ultimately, such corruption not only gradually dismantles state structures but also endangers the foundational interests of the nation.
Potential of Corruption in Contract Procurement of Goods and Government Services by The State Agency I Ketut Seregig; Ni Putu Widhia Rahayu; Anita Noviyanti
Sociological Jurisprudence Journal Vol. 8 No. 2 (2025)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.8.2.2025.128-140

Abstract

The procurement of goods and services (hereinafter abbreviated as PBJ) by the government in Indonesia often causes problems related to law. In fact, it is not uncommon to cause company leaders to become entangled in criminal acts of corruption and other criminal acts as a result of a conspiracy carried out between businessmen and authorized officials. In this article we take a sample of one of the state-owned companies in Indonesia, namely PT.Adi Karya (Persero) Tbk, with the intention to find out the PBJ work contract management system that has so far been carried out by PT.Adi Karya (Persero) Tbk, whether it is in accordance with applicable legal provisions in Indonesia or not. The method used in extracting data in the company is the interview method. The appointment of the informant was carried out using the purposive sampling method and the qualitative writing method. After conducting a research in the company, it was found that the implementation of the contract/agreement in PBJ with other parties (government or private) in PT.Adhi Karya (Persero) Tbk is not implemented based on the Decree of the Directors of SKD Number 014-6 /2018/208 dated March 14, 2019, concerning the "power" delegated by the Directors to the General Manager in PBJP, but the "authority" granted by the Directors has been delegated again by the General Manager to the Project Manager / Project Director with a Letter of Assignment. Based on the provisions of the Company Law No. 40 of 2007, those who should act on behalf of PT.Adhi Karya (Persero) Tbk to sign all contracts / agreements with other parties are the General Manager (as the Receiver of Power of Directors) as stated in the Notarial Deed. The General Manager (Power of Attorney) does not have a "legal standing" in reassigning the power he has received to other employees including the Project Manager / Project Director (Article 103 of Company Act Number 40 of 2007).
The State Structure Of Indigenous Communities In Timor-Leste (Empirical Legal Study in the Bunak Tribe, Bobonaro Municipality) Tito Maia dos Reis
Sociological Jurisprudence Journal Vol. 8 No. 2 (2025)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.8.2.2025.141-153

Abstract

The formation of the state structure and government of the indigenous people of Timor-Leste is seen from a historical perspective before colonization, during colonization and after independence. The life of the indigenous people with their social structure is very strong, with two main problems being studied, namely: 1) the constitutional structure of Timor-Leste society based on customary law (2) the form of customary structure and function adopted in the RDTL constitution. This legal research is empirical research with a socio-legal research type focused on examining the application of customary norms, and looking at The State Structure Of Indigenous Communities In Timor-Leste (Empirical Legal Study In The Bunak Tribe, Bobonaro Municipality) law in the real sense and observe and examine how law works in society. In addition, this research uses a legal concept analysis approach (conceptual approach), a historical approach, and a comparative approach. The results of this thesis research indicate that the state structure and the government structure of indigenous peoples are the social structures of the indigenous people of Timor-Leste in the form of unwritten non-sctipta both the structure of authority, duties, and functions, as well as customary norms. Seen from the applicable legal norms of ius constitutum in the RDTL Constitution, the original state structure of Timor-Leste, along with its duties and functions, is still adopted.
The Relationship Between Ecological Intelligence and Community Empowerment in The Development of Environmental Law in Indonesia Mella Ismelina Farma Rahayu; Anthon Freddy Susanto
Sociological Jurisprudence Journal Vol. 8 No. 2 (2025)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.8.2.2025.154-163

Abstract

A severe ecological crisis will occur if a group of humans exploit nature at will without heeding the applicable rules. This condition will endanger human survival. As a result, there will be environmental damage such as air, water and soil pollution. Environmental damage that occurs now is not only local, regional and national but already global. Damage that ultimately causes harm to human life and welfare itself. In addition to causing a decrease in the carrying capacity and capacity of the environment for human life and other creatures. Ecological intelligence and community empowerment play a very important role, especially in maintaining the sustainability and sustainability of the environment, through sensitivity, awareness, understanding, and critical thinking, it is expected to overcome the problems of environmental law issues while forming environmental ethics. This research uses a legal philosophy approach, namely reviewing the nature of ecological intelligence and its relation to community empowerment in the development of Environmental Law in Indonesia, as a support, a conceptual approach is used, namely by bringing up objects of interest in this research and presenting relevant concepts to be discussed. The text criticism method is also used as an analytical knife to conduct an examination, and provide reinforcing arguments. Through ecological intelligence it can understand the issues and problems of environmental law from the perspective of ecological balance and sustainability, understand the principles of ecology. Encourage critical thinking, creative problem solving and apply legal knowledge to new situations. Assess the impact or effect of human actions and applying technology on the environment. Provide care, empathy and respect for others and other living things. Appreciate differences in backgrounds, motivations, intentions in interacting according to a perspective of mutual respect for the value of cooperation; Committed to equality, justice, inclusiveness, and respect for all people, and able to adapt to the legal system both and that is the essence of Critical Legal Empowerment.

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