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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.
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Articles 164 Documents
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Actio Communi Dividundo I Wayan Suka Wirawan
Sociological Jurisprudence Journal Vol. 6 No. 2 (2023)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.6.2.2023.105-115

Abstract

The research article titled "Actio Communi Dividundo" delves into the intricate legal dynamics surrounding the sale-purchase of immovable property, particularly concerning land rights. In the event that the buyer is bound by marriage relationship, the rights to the land are the so-called joint rights (gono-gini) of a fair of husband/wife. However, regarding to the registration of their rights, PPAT generally does not register both husband and wive as the holders of the right or is registered only on the name of one holder of the right, without having to obtain consent from the other right holder. As a result, not all the name of the right holders is registered as the right holders. This situation is certainly detrimental to the party whose her name is not registered as the holder of the right, especially in the event of a divorce and the party who his name is registered are not willing to voluntarily share such joint property. This paper aims to show whether the practice of joint land (gono-gini) registration only on the name of one party without consent of the other party has been pursuant or instead contravene to legal principles. The method has been used is normative legal research, and it was found that the practice of registering joint land only on the name of one right holder without any consent of the other right holder is contrary to the principle that every legal act regarding to joint property must obtain the consent from the entire rights holders; a principle which historically based upon the Roman civil law tradition as contained in the Corpus Iuris Civilis and its transformation into Actio Communi Dividundo.
The Soul of The State of The Democratic Republic of Timor-Leste Lucia de Canossa Silva Hau
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.6.1.2023.46-49

Abstract

The Constitution of the Democratic Republic of Timor-Leste (RDTL) was born from the womb and soul of the Maubere people which flows in the veins and body of the nation of Timor-Leste through the lyrics and national anthem (Pátria-Pátria) and describes the identity of the ideals of the Maubere homeland. The basic values embodied in the face of the RDTL constitution from the soul of the state are contained in the preamble to the constitution as an embryo for realizing the ideas and notions of the state or staatfundamentalnorm. This anthem is only sung in the Portuguese version and there is no Tetun version, which is one of the national languages of Timor-Leste. So, the law for me, like music for anyone who understands the lyrics will also understand the meaning of the music. Similar to the law that was born from the womb and the soul of the Maubere people which flows in the veins and body of the nation of Timor-Leste through lyrics and national anthem (Pátria-Pátria), which describe the identity of the ideals of the Maubere homeland.
Urgence of Special Education for Commissioners of the Consumer Dispute Settlement Agency (BPSK) Anak Agung Sagung Laksmi Dewi
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.6.1.2023.69-74

Abstract

Progress in science and technology, including telecommunications and information, have resulted in an increase in the variety and quality of the production of goods and services, including an increase in the space for transactions that cross national boundaries. The aims research is to know what are the methods of problem solving by the Consumer Dispute Settlement Agency and to know what is the urgency of special education for commissioners of the Consumer Dispute Settlement Agency. The result shows that The Consumer Dispute Settlement Agency has the duties and authorities as stipulated in Article 52 UUPK and the Decree of the Minister of Industry and Trade Number 350/MPP/Kep/12/2001, dated December 10, 2001, concerning the Implementation of the Duties and Authorities of the Consumer Dispute Settlement Agency, namely carrying out the handling and settlement of consumer disputes by conciliation, mediation, and arbitration. To support the performance of The Consumer Dispute Settlement Agency members, which consists of three different elements, special education, and training are needed to build the professionalism of The Consumer zDispute Settlement Agency members. Considering that The Consumer Dispute Settlement Agency itself has the scope of authority to resolve consumer disputes using conciliation, mediation, and arbitration, it can support the effectiveness of The Consumer Dispute Settlement Agency 'S performance in resolving issues related to consumer disputes.
Law Enforcement, Human Rights Protection, And Challenges Faced by SOEs and SOE Subsidiaries (Post Constitutional Court Decision Number 01/PHPU-PRES/XVII/2019) Binsar Jon Vic S
Sociological Jurisprudence Journal Vol. 6 No. 2 (2023)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.6.2.2023.93-96

Abstract

Business transformation, law enforcement, and safeguarding human rights are pivotal global concerns applicable to all nations and jurisdictions. These issues present notable challenges, particularly for State-Owned Enterprises (SOEs) and their subsidiaries. This has been underscored in the discourse surrounding Constitutional Court Decision Number 01/PHPU-PRES/XVII/2019, which implicitly recognizes SOE Subsidiaries as problematic elements within corporate operations. A central inquiry arising from this context is how the regulations governing SOEs and their subsidiaries' activities have evolved subsequent to the aforementioned Constitutional Court Decision. The research employs a normative juridical legal approach, drawing on primary sources such as regulations and statutes pertinent to the case, along with secondary data. The primary objective of this study is to offer legal insights to law enforcement bodies and institutions directly involved with State-Owned Enterprises and their subsidiaries. These entities are anticipated not only to enhance profitability but also to function as catalysts for societal well-being. The findings of this research underscore the vital role played by SOEs and their subsidiaries in aiding corporate restructuring, upholding legal standards, and advocating for human rights, both internally and externally.
Grant Money with a Legal Certainty by Regional Government to Traditional Villages in Bali I Wayan Suambara; I Nyoman Putu Budiartha
Sociological Jurisprudence Journal Vol. 6 No. 2 (2023)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.6.2.2023.97-104

Abstract

The regulations governing the allocation of finances for customary law community units are missing in the context of Law Number 23 of 2014 about Regional Government. Therefore, the primary objective of this study is to examine how the Regional Government can establish precise legal instructions for granting financial assistance to Traditional Villages in Bali. This investigation employs a normative method, involving a thorough analysis of Law Number 23 of 2014, Minister of Home Affairs Regulation Number 14 of 2016, and Bali Province Regional Regulation Number 4 of 2019, all related to Traditional Villages in Bali. The research findings indicate that the implementation of Minister of Home Affairs Regulation Number 14 of 2016 has not adequately ensured legal clarity. To bridge the gaps in existing norms, it is essential to reformulate both the regulations in the Law on Regional Government and the Minister of Home Affairs Regulation Number 14 of 2016. Concerning the Law on Regional Government, it's vital to amend Article 298, paragraph (5), by introducing supplementary provisions that can later be defined through Ministerial Regulations
Converting the Function of Rubber Plantation Land to Housing in Way Kanan, Lampung (Field Study at Transmedika Residence, Way Tuba District) Benny Djaja; Altina Intan N
Sociological Jurisprudence Journal Vol. 6 No. 2 (2023)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.6.2.2023.88-92

Abstract

The purpose of this writing is to analyze regarding the factors that cause the conversion of plantation land into housing and the impact of land conversion plantation into housing in Way Tuba District. The research method uses qualitative research. Factors causing land use change plantation into housing the internal factors of the plantation owner taking into account the social and environmental conditions of the local residents and land use. The internal factor of the garden owner is expected to be the way for the growth and development of the area and local people. If a factor can affect a human action, it is hoped that this factor will have benefits in it by taking into account the surrounding conditions and getting benefits for all parties and there is no loss in it. It is hoped that Internal and external factors such as the surrounding environment will not conflict with laws and regulations and remain steadfast in the 1945 Constitution that everything must aim at the welfare of all Indonesian people. This research aims to discuss about converting the function of rubber plantation land to housing in way Kannan, Lampung. The method used in this research is method qualitative. The positive impact that is felt is the emergence of new residential areas to meet housing needs, increased trading activities and additional Regional Original Income (PAD) from levies and taxes, while the negative impact of converting plantation land into settlements is that food productivity will decrease or decrease. Plantation land, which has become narrower due to conversion of functions, has also resulted in a decrease in food production.
The Synergy Between Law And Technology Towards Justice System Reform In Indonesia Lukas Norman Kbarek; Ni Putu Rai Yuliartini; Dewa Gede Sudika Mangku; I Dewa Gede Herman Yudiawan
Sociological Jurisprudence Journal Vol. 6 No. 2 (2023)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.6.2.2023.123-132

Abstract

This study aimed to examine the Regulation of the Supreme Court of the Republic of Indonesia Number 3 of 2022 concerning Electronic Mediation in Courts and analyze the effectiveness of E-Courts and Electronic Mediation efforts in the justice system in Indonesia. This type of research is normative legal research. This research is a descriptive qualitative research that describes the existence and role of E-Court to realize efficiency and effectiveness in the justice system in Indonesia. The writing of this article used secondary legal materials, namely books, journals, articles, and other written works originating from both printed and internet media, as well as phenomena that occur in the field. The results show that the Mediation Procedure in Court in its implementation aims as an alternative step to reconcile civil disputes in Indonesia. In this case the procedural law used is civil procedural law (HIR) and Rbg, as well as technically and operationally used as a reference is the Regulation of the Supreme Court of the Republic of Indonesia Number 3 of 2022 concerning Mediation in Courts Electronically
Development of Balinese Customary Law in the Perspective of Local Wisdom “Tri Hita Karana’’ Nyoman Gede Antaguna; I Nyoman Putu Budiartha
Sociological Jurisprudence Journal Vol. 6 No. 2 (2023)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.6.2.2023.144-149

Abstract

This research article explores the development of Balinese Customary Law within the context of the profound local wisdom known as "Tri Hita Karana." The study delves into the distinctive features of customary law in Bali and its evolution in the contemporary era. This article aim is to describe regarding customary law in Bali and how it develops in the modern era. Its unique raises some discussion for some jurist and academic community, how the legal sytem works in the dominate of costomary law in Bali. This article also trying to identified what is insist in Bali’s customary Law. Bali is a very popular tourism destination in the world. The arrival of millions foreign tourists per year with diverse backgrounds. The presence of these foreign has created a cross of cultures in the society, furthermore with advances in science and technology. Over the years those phenomena happened in Bali. Nevertheless, Balinese culture is very strongly applied by its citizens. The activities of religious ceremonies, arts and customs are very strong as daily activities. This is what is unique to Bali in the perception of the world, not solely because of the beauty of its panorama. Customary Law is still applied in Bali which binds the community in addition to the applicable Positive Law. Recognition of this customary legal entity is accommodated in several forms of legislation. Each indigenous community, referred to as an Indigenous Village, has its own customary laws. They are the ones who compile customary laws that have implications for the respect of their society for the customs in Bali. Enriched by Balinese local wisdom, notably the revered philosophy of "Tri Hita Karana," Customary Law stands as a cornerstone of the island's legal and cultural identity.
Independence of Judges and Public Opinion Meliyani Sidiqah
Sociological Jurisprudence Journal Vol. 6 No. 2 (2023)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.6.2.2023.133-143

Abstract

The research article titled "Independence of Judges and Public Opinion" delves into the intricate relationship between the freedom of judges and public opinion, two intangible yet impactful forces that shape the judicial landscape. The freedom of judges and public opinion are two things that cannot be seen, but both can be reflected. This freedom seems an absolute power in making decisions, even though this freedom still has limitations. Unfortunately, we cannot find the judge's standing point in the decision because the judge did not provide his arguments, making it difficult to identify whether the judge was influenced by public opinion or not. This article examined the relationship between the judge’s independence and the judge’s power in making decisions and the effects of public opinion on the judge’s independence. This article is a normative juridical research with interdisciplinary method research by using perspectives from other scientific disciplines that used to support discussions related to the problem which still use the law as a standpoint. This article discussed not only from a normative perspective, but other aspects such as sociology, culture, and psychology. The result of this research, the relationship between the judge’s independence and the judge’s power in making decisions must be maintained by the judge’s integrity, and public opinion as a long-life problem could affect the judges through pressure. There must be a regulation that orders the judges to provide the arguments according to the case which can be assessed by anyone, and surveillance according to the decision that has to give feedback to the judges itself. Besides, there must be an accountability system for the supervision of judges related to the contents of the decision, to society, people, organization, and state.
Review of Islamic Law on Customary Law Values in Community in North Lore Utara And Lore Peore, Poso-Indonesia Hairuddin Cikka; Syaifullah MS
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.7.1.2024.61-66

Abstract

Long before state law, customary law was in effect, and no ordinary or customary law itself taught deviant behavior. Customs correct the wrong and provide solutions to social problems. The custom in the Pekurehua area is called the Pekurehua Tawailia custom, which is divided into the four largest divisions, namely the Posamboko custom/marriage, the mpogalo galo custom, or social order, the mpowia custom or farming methods, and the ngkapate custom or death. The reciprocal relationship between religion and custom creates a value that consists of several forms; namely, religion affects culture (tradition) in its formation, the value is religion. Still, the symbol is culture (custom). Religion can affect religious symbols; for example, Indonesian culture affects Islam, culture (tradition) can replace the value system and religious symbols. Religion and customs also have two similarities, namely both a value system and a symbol system.

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