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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. 9 no. 1 (2026)" : 9 Documents clear
Sociological Jurisprudence and Criminal Justice Reform: Comparative Lessons for Bangladesh from India and the United States Md Sohel Rana
Sociological Jurisprudence Journal Vol. 9 No. 1 (2026)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.9.1.2026.34-46

Abstract

Roscoe Pound’s sociological jurisprudence theory views law as social engineering, with legal change responding to societal demands. The Bangladesh criminal justice system confronts several obstacles, including trial delays, overcrowded jails, insufficient legal assistance, and the absence of an institutionalised plea-bargaining mechanism. Existing literature seldom examines Bangladesh’s criminal justice system through the perspective of sociological jurisprudence or draws systematic comparative ideas from other legal systems. This paper aims to address that deficiency by investigating how sociological jurisprudence might be utilised to guide changes in Bangladesh using comparative perspectives from India and the United States. Using a qualitative, doctrinal, and comparative research approach, the article analyses statute provisions, court precedents, and scholarly literature across three legal systems. The findings imply that, despite India’s implementation of plea bargaining under the Criminal Procedure Code of 2005, its efforts to alleviate case backlogs are hampered by ineffective enforcement and low public awareness. Plea bargaining is widely utilised in the United States, which improves procedural efficiency but raises concerns about coercion, injustice, and degradation of justice. The lessons learnt from the two countries imply that Bangladesh should carefully construct contextually relevant changes that balance efficiency and equitable principles, such as plea bargaining, restorative justice systems, and better legal help access. Lastly, the paper argues that sociological jurisprudence provides a normative and pragmatic framework for advancing reforms in Bangladesh’s criminal justice system, where the law evolves in response to socioeconomic reality and human rights.
The Position of BPN in Resolving Land Cases in Depok: A Restorative Justice Approach Suatini Suartini; Maslihati Nur Hidayati; Sadino Sadino; Yusy Widarahesty; Anita Mumin
Sociological Jurisprudence Journal Vol. 9 No. 1 (2026)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.9.1.2026.56-65

Abstract

Non-penal policies should ideally be regulated, which is the legal basis for implementing the Land Mafia Prevention and Eradication Task Force Team. Legal certainty refers to the application of laws that are clear, permanent, consistent, and consistent. The implementation of which cannot be influenced by subjective circumstances. The restorative justice approach will be the basis for formulating non-penal policies to resolve land dispute cases in Indonesia. The purpose is to determine the position, role, and responsibilities of BPN in Land Settlement in Depok City. This research is normative juridical research and has the character of a prescriptive analysis. According to the author, the theories put forward in this research are the theory of legal certainty and the theory of ownership. Novelty in this research is that the object of the dispute in the BPN Depok area has not involved resolution based on the Principles of Restorative Justice. The research results show that the Depok City BPN has demonstrated significant achievements in resolving land cases, with a level of dispute resolution that exceeds national targets and innovation in conflict resolution approaches. However, the obstacles faced, especially regarding case complexity and limited resources, indicate the need to develop a more comprehensive and sustainable strategy.
Unenforceable Indonesian Human Rights’ Court Decisions: Key Factor and the Appropriate Avenue Elisabeth Sundari
Sociological Jurisprudence Journal Vol. 9 No. 1 (2026)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.9.1.2026.14-24

Abstract

Since the establishment of human rights laws in Indonesia over two decades ago, their enforcement through the courts has been ineffectual. Some court verdicts involving grave violations of human rights and regular human rights violations were not adequately implemented. As a result, domestically proclaimed human rights acceptance is useless unless adequate enforcement methods are in place. This article addresses the barriers to enforcing the Indonesian human rights court ruling, as well as the courts' capability and aptitude to meet the issues. The research employes normative legal research by analyzing the legal policies on Indonesian human right court to be related with the other jurisdiction comparatively to propose the appropriate avenue to make an effective human rights court enforcement. According to the result, it shows that the most significant impediment to enforcing the court decision is the government's lack of commitment. Yet, the court lacks adequate coercive powers to ensure that the state fulfils its pledge to enforce the court verdicts. Subsequently, this article endeavors to establish the coercive mechanism of the court judgement regarding the revision of the human rights Act or its placement under the authority of the extra human rights commission.
Agrarian Reform: The Legal Protection of Ulayat Land for Indigenous Peoples A.A. Istri Eka Krisna Yanti; Anak Agung Istri Ari Atu Dewi Dewi; I Gede Pasek Pramana; Anak Agung Angga Primantari
Sociological Jurisprudence Journal Vol. 9 No. 1 (2026)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.9.1.2026.47-55

Abstract

This study examines the recognition and management authority of the ulayat land of indigenous peoples after agrarian reform. The 1945 Constitution of the Republic of Indonesia and the Basic Agrarian Law recognize the rights of indigenous peoples and their ulayat rights. However, due to dilemmas regarding the protection and management of ulayat land, it is necessary to assess the extent of legal certainty in the governance of ulayat land for indigenous people. This research employs a normative legal methodology, incorporating both statutory and conceptual approaches. The findings reveal that land in Indonesia is ultimately controlled by the State, as provided for in Article 33 of the 1945 Constitution. State control is not absolute ownership and may be delegated to indigenous people. Agrarian reform, as formalized through Presidential Regulation No. 62 of 2023 and Ministerial Regulation ATR/BPN No. 14 of 2024, officially recognizes indigenous peoples. This occurs by issuing Land Parcel Identification Numbers (Nomor Identifikasi Bidang Tanah) and registering ulayat land in the Ulayat Land Registry (DaftarTanah Ulayat). Based on this registration, indigenous people may manage their customary land. They can further affirm their rights by applying for Land Management Rights (Hak Pengelolaan) or Freehold Title (Hak Milik) in the name of the indigenous people to ensure legal certainty. This study concludes that agrarian law reform provides indigenous people with recognition and protection to manage ulayat land.
Dissension in Court Decisions Concerning Minimum Age Requirement for Regional Head Candidacy (A Study of Political Configuration Influences on Judicial Power) Alasman Mpesau; R. Ruslan
Sociological Jurisprudence Journal Vol. 9 No. 1 (2026)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.9.1.2026.1-13

Abstract

This research examines two conflicting judicial decisions in Indonesia concerning the minimum age requirement for regional head candidacy: Supreme Court Decision No. 23 P/HUM/2024 and Constitutional Court Decision No. 70/PUU-XXII/2024. The divergence between these decisions reveals a significant political configuration concerning judicial independence and the interaction between judicial institutions and political interests. Employing a prescriptive legal approach, this research qualitatively analyzes the two decisions through a socio-political framework and legal argumentation scheme. The findings indicate that the prevailing political configuration influences the character of judicial decision-making. The Supreme Court’s decision reflects an orthodox and elitist judicial orientation, whereas the Constitutional Court’s decision demonstrates a more responsive and populist approach, potentially functioning as an instrument for legitimizing political power. These contrasting judicial approaches raise fundamental questions regarding the independence and impartiality of judicial institutions in a democratic constitutional state. This research emphasizes that judicial independence is essential to safeguarding constitutional rights, preventing the instrumentalization of judicial power, strengthening democratic governance, and upholding the rule of law in Indonesia.
Legal Protection for Victims of Cyberbullying Under Indonesia's Electronic Information and Transactions Law Nathania Shannanda; Ni Gusti Agung Ayu Mas Tri Wulandari
Sociological Jurisprudence Journal Vol. 9 No. 1 (2026)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.9.1.2026.25-33

Abstract

The rapid growth of digital technology has significantly increased the incidence of cyberbullying, creating complex legal challenges due to its borderless nature, persistent digital content, and multidimensional impact on victims. Although Indonesia has strengthened its cyber law through Law No. 1 of 2024 on Electronic Information and Transactions (ITE Law) and Law No. 3 of 2026 on the Protection of Witnesses and Victims (WVP Law), the effectiveness of these regulations in ensuring comprehensive legal protection for cyberbullying victims remains insufficiently examined. This study aims to analyze the legal regulation of cyberbullying under the amended ITE Law and evaluate the forms of legal protection available for victims within the Indonesian legal framework. The research employs a normative juridical method using statutory, conceptual, and fact approaches through the analysis of legislation, legal doctrines, scholarly literature, and relevant cyberbullying cases. The findings demonstrate that the ITE Law provides a legal basis for prosecuting cyberbullying through provisions concerning online defamation, threats, hate speech, and unlawful electronic communications; however, it does not explicitly recognize cyberbullying as an independent criminal offence, resulting in fragmented legal interpretation and inconsistent enforcement. Furthermore, victim protection remains predominantly offender-oriented, as the ITE Law does not comprehensively regulate psychological rehabilitation, legal assistance, restitution, reputation restoration, or other recovery mechanisms, which continue to rely primarily on the WVP Law. Accordingly, the study concludes that strengthening the ITE Law by explicitly regulating cyberbullying and integrating comprehensive victim-oriented protection is essential to achieving greater legal certainty, effective law enforcement, and meaningful recovery for victims.
Normative Ambiguity of Article 37 Paragraph (2) of Government Regulation Number 24 of 1997 on Land Registration: Registration of Land Transfers Based on Non-PPAT Deeds Ni Made Trisna Dewi; Ida Ayu Ratna Kumala
Sociological Jurisprudence Journal Vol. 9 No. 1 (2026)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.9.1.2026.97-105

Abstract

Article 37 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration requires that the transfer of land rights through sale and purchase be evidenced by a Deed of Sale and Purchase executed before a Land Deed Official (PPAT). However, Article 37 paragraph (2) provides an exception by allowing the Head of the Land Office to register the transfer of rights under certain circumstances based on a level of truth deemed sufficient. The absence of normative parameters for the phrases "certain circumstances" and "a level of truth deemed sufficient" creates legal ambiguity and may undermine legal certainty in the registration of private land sale transactions. This study aims to examine the ambiguity of Article 37 paragraph (2) and its legal implications for legal certainty and legal protection. This research employs normative legal research using statutory, conceptual, and case approaches. Legal materials are analyzed prescriptively through legal interpretation of legislation, legal doctrines, court decisions, and relevant literature. The findings reveal that the ambiguous provision has resulted in inconsistent interpretation and implementation, increasing the potential for land disputes and weakening legal certainty in land administration. The novelty of this study lies in formulating normative parameters for the phrases "certain circumstances" and "a level of truth deemed sufficient" as the basis for reconstructing Article 37 paragraph (2) to strengthen legal certainty, justice, and legal utility in the Indonesian land registration system.
Publishing 2024 Presidential and Vice-Presidential Election Survey Results: Legal and Legitimate I Ketut Seregig; Ni Putu Widhia Rahayu
Sociological Jurisprudence Journal Vol. 9 No. 1 (2026)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.9.1.2026.66-83

Abstract

The General Election of the Republic of Indonesia, held on February 14, 2024, includes the selection of the President and Vice President, Members of the People's Representative Council, Regional People's Representative Councils at the provincial and district/city levels. Survey institutions play a significant role in informing the public and political parties about candidate electability. Political parties rely on these institutions to gauge the popularity of their candidates. However, inconsistencies arise when political parties blame survey institutions for unfavorable outcomes, especially when the predicted results match the actual outcomes. Additionally, concerns have been raised about the potential violation of Law Number 11, 2008, concerning Electronic Information and Transactions (ITE), when inaccurate survey results are disseminated via electronic media. This study investigates the validity of these concerns. The study examines the predictions and outcomes of the 2024 Presidential and Vice-Presidential elections. Pre-voting predictions indicated that candidate pair number 02 would achieve 53.5% electability, followed by candidate pair number 01 with 21.7%, and candidate pair number 03 with 19.2% (LSI Denny JA Survey, February 10, 2024). Quick count results on voting day showed the following vote distributions: candidate pair number 01 received 24%, candidate pair number 02 received 58%, and candidate pair number 03 received 18%. The General Election Commission's manual count confirmed these results, with candidate pair number 01 receiving 23.14%, candidate pair number 02 receiving 58.59%, and candidate pair number 03 receiving 18%, as stated in General Election Commission Decree Number: 360, 2024. This study concludes that the survey institutions' predictions were accurate and that their dissemination does not constitute a violation of the ITE law.
Between Protected Expression and Reputational Harm: An Empirical Socio-Legal Study of Judicial Pardon in Indonesia’s Digital Defamation Cases I Nyoman Budiana; Putu Sawitri Nandari
Sociological Jurisprudence Journal Vol. 9 No. 1 (2026)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.9.1.2026.84-96

Abstract

This article examines the empirical boundaries of judicial pardon in Indonesia’s digital defamation cases, focusing on the practical tension between protected expression and reputational harm in law-enforcement practice. Using an empirical socio-legal design, the study combines qualitative analysis of statutes and court decisions with empirical data drawn from documented digital-rights complaints, public reports on criminalization of online expression, internet-use statistics, and selected case materials concerning Article 27A of Law No. 1 of 2024 and Article 54(2) of Law No. 1 of 2023. The empirical orientation enables the article to assess not only what the law provides, but also how digital defamation disputes emerge, how reputational harm is experienced, and how broadly framed criminal provisions may affect public participation. The findings indicate that the application of judicial pardon requires verified factual indicators, including the communicative context of the expression, the identity and position of the complainant, the scale and persistence of digital dissemination, the actual consequences suffered by the affected person, and the offender’s post-offence conduct. The article argues that judicial pardon should operate as an evidence-sensitive sentencing mechanism: it should protect lawful criticism from punitive excess while ensuring that serious, malicious, and empirically demonstrable reputational attacks are not trivialized. The study concludes that empirical data are essential for developing proportionate judicial-pardon criteria in Indonesia’s evolving digital-defamation landscape.

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