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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.
Arjuna Subject : -
Articles 164 Documents
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Legislation That Limits Economic Law Implementation Suwinto Johan
Sociological Jurisprudence Journal Vol. 6 No. 1 (2023)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.6.1.2023.63-68

Abstract

The goal of government intervention is to protect society's interests. The government acts in accordance with prevailing laws and regulations. The goal of economics is to earn as much money as possible. As a result of government intervention, corporate players' incomes will be reduced. The research aim is to examine the impact of government intervention in the form of laws and regulations on economic principle. This study employs a normative legal approach. The result shows that the profit maximization principle, which claims that business actors should maximize profits, does not apply to commodities or important societal requirements. Conditions influence the community's basic requirements. Masks and Covid-19 medications are essential items for the community during the Covid-19 pandemic. The government's intervention must be based on prevailing law and regulations. When it comes to market circumstances, government involvement isn't always effective.
Legal Assistance by Advocates in Gender Mainstreaming: A Reflection Anak Agung Sagung Laksmi Dewi
Sociological Jurisprudence Journal Vol. 5 No. 2 (2022)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.5.2.2022.139-145

Abstract

Gender mainstreaming has become one of the legal politics in Indonesia, this is in line with the nature contained in Law Number 17 of 2007 concerning National Long-Term Development of 2005-2025. Therefore, gender mainstreaming needs special attention in some of its supporting elements. One of the supporting elements is legal aid, as a form of preventive and repressive efforts in realizing gender equality in responding to discrimination that is often experienced by women in Indonesia. one of the supporters of these preventive and repressive efforts is legal aid which can normatively be carried out by advocates in Indonesia. This should be a common thread in the protection of women's rights and gender mainstreaming in Indonesia which is carried out through legal aid in Indonesia. When scrutinized again in the regulation regarding the concept of legal aid as stated in Law Number 18 of 2003 concerning Advocates and Law Number 16 of 2011 concerning Legal Aid, legal aid can only be given to “poor or incapable people”. Meanwhile, women are one of the people who are often in a cornered/unfavorable/marginalized position in physical, opportunity and social status. So that it becomes an urgent condition to expand the interpretation of “poor or incapable people” so that legal aid that is the obligation of advocates or legal aid providers can also include assistance to women in an effort to realize gender mainstreaming in Indonesia.
The Problem of Legal Protection for Human Rights Activists Sulistyowati; Wahyu Nugroho; Umar Ma’ruf
Sociological Jurisprudence Journal Vol. 6 No. 1 (2023)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.6.1.2023.56-62

Abstract

The Constitution of the Republic of Indonesia of 1945, both in the preamble and torso, has clearly stated the protection of human rights, including human rights activists. This study aims to describe and examine the concept of the 1945 Constitution of the Republic of Indonesia as the Indonesian constitution, which mandates the state to protect human rights activists. The research method used is normative research with a qualitative analysis approach, with data collection carried out through literature studies. The results show that respect, protection, and guarantee of human rights are characteristics of the Indonesian legal state, especially after the amendment. However, because in more detail, the legal protection of human rights activists is only in the National Commission on Human Rights Regulations, not in a law or government regulations, the protection is still weak. Therefore, it cannot fulfill the rights and protect human rights activists as mandated in Article 27 paragraph (1), Article 28 paragraph (1), Article 28I paragraph (1), Article 28J paragraph (1), and article. 28J paragraph (4) of the Constitution of the Republic of Indonesia of 1945.
Legal Protection for Victims of Illicit Banks Under the Guise of Cooperatives Requires Indonesian Government Intervention Jety Widjaja; Yuwono Prianto
Sociological Jurisprudence Journal Vol. 6 No. 1 (2023)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.6.1.2023.41-45

Abstract

Illicit Bank under the guise of a Cooperative is a form of illegal investment in Indonesia. Cooperatives that do not carry out their principles and functions according to the Cooperative Regulation Law no. 25 of 1992, collecting public funds illegally, and ultimately failing to return the funds deposited by its members is an indication of Illicit Bank. The Indosurya Cipta Savings and Loans Cooperative was an illicit bank under the guise of a cooperative that was found as the biggest fraud case in Indonesia, affected 23,000 victims and a loss of 106 trillion rupiahs. KSP Indosurya Cipta was charged with Article 46 Paragraph 1 of Law no. 10 of 1998 concerning Amendments to Law no. 7 of 1992 concerning Banking and Money Laundering. Normative legal research was conducted to analyze the importance of the government's role in providing legal protection for tens of thousands of victims of this illicit bank. After the court decision to refund the victim's deposit funds through the homologation process two years ago failed again, the confiscation of criminal assets (TPPU) of the Founder and two other perpetrators requires certainty and different legal settlements in order to compensate the victims, not only as evidence to punish the perpetrators of the crime. The intervention of the Government of Indonesia and related agencies is important to restore the confidence of the Indonesian people in the existence of the law and the protection of investment in the legality of legal entities such as cooperatives.
The Protection of Privacy as Part of Human Rights in Indonesia and the US Law Amos Mokoross; I Nyoman Aji Duranegara Payuse
Sociological Jurisprudence Journal Vol. 6 No. 1 (2023)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.6.1.2023.1-10

Abstract

The right to privacy is the right of every person which is a human right. Protection of privacy rights needs to be protected by the government through the resulting regulations. Protection of privacy rights is imposed on the government because of the duty to protect that must be carried out by the government. The research aim is to decsribe the protection of privacy as part of human rights in Indonesia and the US Law. In this case, the research method state that the authority to form regulations as desired. This is based on the principle of state sovereignity. The political will of a country determines how to protect the privacy rights of its citizens. The result shows that Indonesia and the United States regulate the protection of the privacy rights of their citizens at various levels of legislation. This is done by imposing the protection of privacy rights on state institutions and other entities that obtain the data by various methods. Protection of privacy rights is also carried out by providing space for remedies for people whose rights have been violated by personal data management institutions through a lawsuit mechanism to obtain compensation.
Aspects of Business Law in Koetara Agama (An Ancient Indonesian Law) Ida Bagus Radendra Suastama; Ida Ayu Komang Juniasih
Sociological Jurisprudence Journal Vol. 6 No. 1 (2023)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.6.1.2023.33-40

Abstract

The Koetara Agama is a Law Book that Indonesia had ever possesed very long time ago. This research aims are exploring and finding the aspects of Business Law (as meant today), in order to see the possibilities to revitalise such traditional (even ancient) norms and values into our current national legal system. This is a qualitative research, which searchs the ideologies or values laid behind certain actions (or certain norms). The result shows that Business Law was regulated comprehensively in Koetara Agama (KA). It can be shown and proven by the looking at all the business fields or business sectors which had been regulated by KA, and also the existence of multidimensional provisions and regulations stipulated in KA. For instances, KA had been regulating the following matters, which include but not limited to : Debt, Loan, Interests Rate, Good Faith, Bad Faith, Property Rights, Torts, Compensations, Employments, Contracts, Business Dispute Resolutions, Sanctions, Fines, and Penalties.
Legal Protection for Whistleblowers of Corruption Crime Bring to Fairness Irwan Effendi
Sociological Jurisprudence Journal Vol. 7 No. 1 (2024)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.7.1.2024.31-39

Abstract

The legal protection provided to the whistleblower is still ineffective and far from feeling safe and perfect and in the event that the complainant of a crime still often gets criminalized and discriminated against, the legal protection provided is still not sufficient to fulfill the sense of justice of what the complainant has given. This research uses normative legal research. The formulation of the problem in this study (1) Does the concept of legal protection for whistleblowers as contained in Law Number 13 of 2006 concerning amendments to Law Number 31 of 2014 regarding sex workers fulfill a sense of justice? and (2) What is the expected strategy in order to strengthen the regulation of legal protection for reporters of criminal acts of corruption in a just manner?. The conclusion of this study when viewed from the theory put forward by Lawrence M. Friedman which states that the success or failure of law enforcement is closely related to the legal system. firstly, at the level of substance, the existing regulations are still not sufficient so that more specific rules are needed to regulate legal protection for whistleblowers, the structure whose implementation is still in contact with authorities with other law enforcement officers, the culture of fulfilling the rights of those who report corruption crimes that are In practice, there is still an assessment and fulfillment of rights for reporting corruption crimes and the first strategy is providing education, information about legal protection by law enforcement officers to be given to the public in order to create legal awareness from the community.
Implementing the Authority of the State’s Attorney in Legal Assistance in Handling Covid-19 in Denpasar City I Nyoman Budiana; Leo Liusiana
Sociological Jurisprudence Journal Vol. 6 No. 1 (2023)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.6.1.2023.22-32

Abstract

The emergence of a disease outbreak, namely Corona Virus Disease 2019 (Covid-19) in most countries in the world, has caused various problems, not only in the health sector but also in the economic, political and socio-cultural fields. This study aims to analyze the attorney’s authority in providing legal assistance and examine various factors that support and hinder the handling of Covid 19 in Denpasar City. The research design used is a normative juridical approach with a statutory law approach, an analytical and conceptual approach and several facts collected from informants as support and qualitative descriptive juridical analysis was used to obtain adequate and accurate results. The result shows that the implementation of legal assistance to policies in the framework of accelerating the handling of Covid 19 and the National Economic Recovery program by the State’s Attorney of Denpasar District Attorney was carried out well and effectively. The factors that support the implementation of the legal assistance are the clarity of the legal basis used by the prosecutor’s office in carrying out its functions and the fast and active response from the applicant, namely some agencies in Denpasar City. While the inhibiting factors include the reporting process provided by the applicant to the attorney’s office is still slow, the limited number of members of the State’s Attorney with authority as public prosecutors must continue to be carried out within the framework of law enforcement.
Children’s Position on a Defective Marriage (Fasid) in Terms Establishment of Inheritance Right as an Effort for Legal Certainty Ivo Junia Imako Haris
Sociological Jurisprudence Journal Vol. 7 No. 1 (2024)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.7.1.2024.40-44

Abstract

Marriage in the legal system in Indonesia is said to be valid if it is carried out according to each religion and belief and must be registered based on the applicable provisions. To avoid the occurrence of a defective marriage (fasid), then when a marriage has been carried out based on religion and belief, then the marriage must be registered. this is to avoid any legal consequences that will arise especially for children born in said marriage to the legal status and position of children born in defective marriages (fasid) as heirs. The purpose of this research is to find out the position of children born from broken marriages in terms of determining inheritance rights. This type of this research is normative, which is legal research conducted through library research. The findings of this study indicate that the legal status of children born from defective marriages (fasid) are children out of wedlock which the legal status is recognized by both parents and are not children born from acts of adultery. Regarding the right to inherit a child out of wedlock from a defective marriage (fasid) which has been proven through a DNA test to have a biological relationship with the father and his father’s family, the father and his father’s family as the heir can provide a testamentary grant through a legal act of a will grant which is proven by a notarial deed as a form of inheritance rights but the share may not exceed 1/3 of the heir’s inheritance.
Agrarian Reform and National Land Law Political Policy Provide Legal Assurance for Investment I Made Pria Dharsana; I Nyoman Putu Budiartha; I Made Setiasa
Sociological Jurisprudence Journal Vol. 6 No. 1 (2023)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.6.1.2023.11-21

Abstract

The provision contained in Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia (UUDNRI) as the initial milestone in the birth of Law No.5 of 1990 concerning Basic Agrarian Regulations or better known as the basic Agrarian Law (UUPA). This research was designed using normative legal analysis with a statutory and conceptual approach. These two approaches are used to develop arguments, especially to answer the legal issues raised in this study. The result shows that The land law itself is a law that regulates the rights to control the land or the surface of the earth. The development of land law politic cannot contradict the essence of state goals that have been regulated in the state goals is regulated in the 1945 Constitution, where Pancasila as the basic norm that gave birth to the preamble provisions in the 1945 Constitution. Speaking about the agrarian reform, according to the national agrarian law, the goal is to make a fair and equitable distribution on the source of the livelihood of farmers in the form of land, so that with the distribution it is hoped that fair and equitable result can be achieved.

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