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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 150 Documents
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A Comprehensive Force Majeure Model Clause in Corporate Transactions in Indonesia I Gusti Agung Ayu Gita Pritayanti Dinar; I Nyoman Putu Budiartha
Sociological Jurisprudence Journal Vol. 3 No. 2 (2020)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.3.2.1901.138-144

Abstract

Force majeure clause is presented in various models, from the simple to the complex ones that contain comprehensive descriptions, provisions, and notifications set out in an agreement with the details of the consequences of force majeure events. Force majeure clause serves as a complementary core clause and a renegotiating tool for the parties in the case of any event occurring beyond their reasonable control, which is important enough not to be overlooked by business actors. The Covid-19 pandemic which is currently ongoing worldwide, which has been declared as a global pandemic by World Health Organization (WHO) on 11 March 2020, has had a huge impact on the social life and the world economy which is very unsettling for business people, banks, and the society in general. The research questions investigated in this study are: (i) What are the factors causing failures in the performance of contractual obligations? (ii) What is a comprehensive force majeure model clause for corporate transactions in Indonesia? This study employs the normative legal research method. A 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 theories applied in investigating the problems in this research are the will theory (wilstheorie), trust theory (vertrouwensttheorie), and statement theory (verklaringstheori). In this study, will be identified a comprehensive force majeure clause enables the party who experiences a force majeure event to waive some provisions in the contract agreement.
Corruption: Working Hasn’t Completed Gde Made Swardhana; I Nyoman Sukandia
Sociological Jurisprudence Journal Vol. 3 No. 2 (2020)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.3.2.1911.130-137

Abstract

This article discusses problems of corruption which until now hasn’t been completed in its eradication process. Every effort is made to find both internal and external causes in order to get the solution. The problem that is studied sociologically is, why is corruption incomplete? If corruption isn’t yet complete, and work isn’t finished yet, then how can work be completed? Understanding Corruption can be called work is complete, must be understood from the anti-corruption values and principles contained therein. It’s include honesty, independence, discipline, responsibility, hard work, simple, courage, and justice. It’s need to be applied by each individual to be able to overcome external factors so that corruption doesn’t occur. To prevent the occurrence of external factors, in addition to having it, each individual needs to deeply understand the anti-corruption principles of accountability, transparency, fairness, policy, and policy control. Therefore the relationship between anti-corruption principles and values is an inseparable unity. Success or failure to solve the problem of corruption is expected in the legal system that makes the handle in solving corruption cases, namely strengthening the legal structure, legal substance and legal culture of the community.
The Legal Politic in Countermeasure the Crime in Funding and Management of Disaster Assistance Luh Nila Winarni; Cokorde Istri Dian Laksmi Dewi; Anak Agung Gde Raka; Ni Putu Tirka Widanti
Sociological Jurisprudence Journal Vol. 4 No. 1 (2021)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.4.1.2265.31-38

Abstract

Indonesian geographical, geological and hydrological regions are disaster-prone areas. Disaster-prone is the geological, biological, hydrological, climatological, geographical, social, cultural, political, economic and technological conditions or characteristics of a region for a certain period of time that reduce the ability in preventing, reducing, achieving readiness, and reduce the ability to respond to adverse impacts of certain hazards. People's behavior that damages the environment also tends to increase the number of disasters. Seeing such conditions, the government has compiled a policy to allocate budgets for pre-disaster, during emergency response, and post-disaster development. This government policy is also supported by the contributions of community in providing disaster relief. A bad disaster management system can be a gap to commit criminal acts against funds and disaster relief. In this study, two issues will be discussed, namely legal politics in funding and managing disaster relief and the legal consequences of criminal acts in funding and management of disaster relief. The legal politics in disaster relief funding and management are outlined in The Act Number 24 of 2007 concerning Disaster Management and Republic of Indonesia Government Regulation Number 22 of 2008 concerning Funding and Management of Disaster Assistance. The legal consequences of criminal acts of funding and management of disaster assistance are criminal penalties ranging from imprisonment, fines, or capital punishment
The Legal Impact on People Died in Kasepekang Sanction Ni Made Trisna Dewi
Sociological Jurisprudence Journal Vol. 4 No. 1 (2021)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.4.1.2287.54-60

Abstract

The Pakraman village is led by village officers. The issue of how to implement the Kasepekang sanction is very important to analyse because fraud or abuse of power often occurs in this sector. Kesepekang the term of traditional sanctions in the form of a temporary dismissal as a member of the banjar and pakraman villages. Those affected by this sanction are not entitled to receive banjar service / assistance and pakraman villages. This type of research is empirical legal research oriented to the collection of empirical data in the field. Based on this empirical data the researcher conducted an in-depth analysis in accordance with the relevant theory to make conclusions. Kasepekang sanctions are given because community members do not want to solve and conduct paruman to find solutions to adat problems. Based on paruman adat leaders and community representatives prescribed on Awig-awig Number 18, paragraph 14 regarding unwritten regulations, it was decided by the village of Pakraman Pempatan and it was agreed that the person be subject to a sanction of being left unchecked. This case was motivated by civil problems continued with the existence of actions and reactions, developed into a criminal problem that is the desecration of the holy place and customary matters.
Trade Liberalization, Domestic Trade Policies and the Failure of Reducing Poverty: The Case of Indonesia I Gusti Ngurah Parikesit Widiatedja
Sociological Jurisprudence Journal Vol. 4 No. 1 (2021)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.4.1.2289.6-12

Abstract

The existence of international trade has provided important benefits for reducing poverty. Many countries then have concluded trade agreements, to reach this goal by committing trade liberalization. The relatively high number of poverty has raised some concerns, questioning the effectiveness of trade liberalization. Putting Indonesia as a case study, this article weighs the role of trade liberalization and domestic trade policies in reducing poverty. This article argues that the existence of domestic trade policies is more significant than trade liberalization. The unfair practices, corruption, and the overwhelming spirit of national interest that colour domestic trade policies, contribute to the failure of reducing poverty instead of trade liberalization.
Comparative Study on The Contribution Payment System in BPJS With A Tax System-Based Regulation In NHS Made Cinthya Puspita Shara
Sociological Jurisprudence Journal Vol. 4 No. 1 (2021)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.4.1.2308.45-53

Abstract

The purpose of this paper is to examine the efficiencies of United Kingdom life insurance, which is regulated in the NHS with a tax-based funding system. The effectiveness of the Health Insurance System, will provide better health services for the people. Currently, there are still many complaints in the BPJS service system, such as late payments for hospitals and salaries for medical personnel. This study will use the comparative law method, by comparing the BPJS system in Indonesia with the NHS health insurance system in the UK. BPJS uses a monthly fee funding system, the amount of payment are depends on the types of class that BPJS participants has taken. Whereas the NHS only uses a tax-based funding system, where the use of this system can effectively meet all health service needs maximally. Based on the results of research on OECD countries, it is revealed that the tax-based social health insurance program tends to be more progressive and fair. Based on this comparative study, it is important for Indonesia to improve its health insurance system arrangements in order to adapt the tax-based funding system.
Law Enforcement Of Fraud Through Electronic Media I Nyoman Gede Sugiartha; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Sociological Jurisprudence Journal Vol. 4 No. 1 (2021)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.4.1.2570.61-67

Abstract

Fraud case of using electronic media often occur in Indonesia at the moment. This illustrates that the community is remain very vulnerable in carrying out activities related to the electronic media. For this reason, it is necessary to undertake a research regarding to criminal offenses using electronic means, especially against criminal fraud. This obsolutely obtains an attention to investigate about legal policies of fraud through electronic media, and criminal penalty of fraud perpetrators through Electronic Media. This study aims to find out about the criminal sanctions of fraud perpetrators through electronic media and to find out the legal policies of criminal acts of fraud through electronic media. This research used the Normative research method. Fraud in Indonesia as regulated in article 378 of the Criminal Code, while fraud by spreading false news which harms consumers in electronic transactions through online or electronic media is regulated in article 28 Paragraph (1) of the Information and Electronic Transaction Act. The spread of hoaxes is equated with acts of deception in the real world as stipulated in article 378 of the Criminal Code. Fraud criminal penalty through electronic media may be subject to multiple articles against a criminal act that fulfills the elements of a criminal offense as regulated in article 378 of the Criminal Code and meets the elements of a criminal act article 28 paragraph (1) of the Information and Electronic Transaction Act.
The Legal Pluralism in Law Education in Indonesia Rahmat Bin Mohamad; I Wayan Rideng
Sociological Jurisprudence Journal Vol. 4 No. 1 (2021)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.4.1.2635.1-5

Abstract

This paper aims to analyze the practice of legal pluralism in Indonesia. A decentralized approach policy enables the growth and the development of various legal systems. By the prevailing of the pluralism of legal system apparently also raises the problem in its application. But in reality, various living legal systems can co-exist. The method applied is based on normative study, with qualitative approach. The result shows that the legal system that pluralism is very influential on the development of education, including law education. Law education in Indonesia is also influenced by the history of Indonesia. The new pattern of law education in Indonesia can only lead people to an obedience and legal compliance. Legal education is not an independent thing, but it is related to social issues. So it has implications for the many violations of law and the emergence of criminal acts. This shows the level of legal awareness of the community is still low. Then it will also affect the legal culture and law enforcement in a country.
Mitologi Representation Dewa Indra in Pandage War at Usaba Waste Ceremony in the Tenganan Traditional Village Pegringsingan Manggis, Karangasem, Bali (Social Theological Perspective) I Nyoman Subamia; I Made Suastika; I Nyoman Linggih
Sociological Jurisprudence Journal Vol. 4 No. 1 (2021)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.4.1.2646.68-74

Abstract

Pandan war is one of the important ceremonies and obligatory ceremonies called Usaba Sambah in the people of Tenganan Pegringsingan to God in manifestation as Dewa Indra. To raise three problems, namely (1) the form of pandan war , (2)axiology of theology social of pandan war, and (3) the implications of pandan war.This study carried out qualitatively, so that data analysis was carried out in a qualitative and interpretative descriptive manner. By using research methods, such as participatory observation, interviews, literature studies, and documentation studies. The results showed that: (1) The process of pandan war was one of the most important and obligatory parts of the religious ceremony in the Usaba Sambah ceremony in Tenganan Pegringsingan Village (2) The axiology of social theology in pandan war is (a) pandan war as a form of worship; (b) pandan war as a life learning process; (c) pandan war as a pattern of social interaction; (d) pandan war as a defense of religious traditions; and (e) the pandan war as a show of the ancient warrior knight. (3) the implication of pandan war in the usaba sambah ceremony is (a) increasing the śraddhā and the devotion of the peregraningan community; (b) fostering a sense of togetherness between low income communities; (c) strengthen in maintaining the local historical genius; (d) the interaction of communication between communities is established; (e) applying the value of ancestral heritage as a living foundation; and (f) pandan war as the development of cultural tourism destinations. The research findings are as follows. From the perspective of religious theory, the symbol system used in pandan war is maintained especially the concept of pingit (secret). The concept of pingit in pandan war is when the pesangkepan is not allowed to pray / spells known by anyone other than pemangku. In this case, it should only be known by the designated party only. From the perspective of the value theory, it was found that the pandanus war is a sacred dance of offerings, which should not be danced by others which is only carried out on pandanus war on the first day at Bale Petemu Kaja and not in any place. Based on symbolic interaction theory, a shift in meaning of pandan war arises from social interaction between local communities, shifting to global community interaction through warfare on the second day as a venue for tourism promotion in modern tourism contractions. There are other people (not the Tenganan people) who also participated in many pandan wars on the stage performance.
Interpretation of The Legal Values and Justice in The Living Law Related To Court Decision Ismail Rumadan
Sociological Jurisprudence Journal Vol. 4 No. 1 (2021)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.4.1.2946.13-22

Abstract

The performance of judges in deciding on a legal dispute that is faced is a work process looking for legal norms both in the legislation and legal norms that live in the community. Based on the results of the above studies it can be concluded that; at the practical level there are two approach models used by judges to examine and adjudicate a civil case related to the values and rules of customary law in society, namely an evolutionist approach which holds the view that indigenous peoples are a community with barriers in the process of integration into the modern world, so that this transition process must be guarded through legal procedures. This view has an effect on the pattern of approaches used in dealing with a case related to customary issues and norms living in the community, this approach in view of the formalistic legal approach influenced by the possibility of legism-positivism, so that in some cases the disputed adat the right to customary land in Papu the judge always put forward formal proof of ownership of letters explaining proof of ownership of a plot of land, so that many customary civil cases must be rejected by the Court because the Plaintiff or the defendant can not prove formally proof of ownership over the disputed land.

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