cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Aji Payuse
Contact Email
ajipayuse@warmadewa.ac.id
Phone
085338083663
Journal Mail Official
info.sosiologicaljurisprudence@gmai.com
Editorial Address
-
Location
Kota denpasar,
Bali
INDONESIA
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 150 Documents
 11   12   13   14   15 
Circumstantial Evidence and Unfair Business Competition Practice: Is A Law Reform Necessary? Salsalina Itha Karina; Ditha Wiradiputra
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.5.2.2022.133-138

Abstract

The use of circumstantial evidence in unfair business competition case investigations are regulated institutionally by the Commission for the Supervision of Business Competition. However, due to the absence of regulation as a basis of its use in the Commercial Court and the Supreme Court, this practice remains questionable. This article aims to analyze the issue regarding the use of circumstantial evidence in the Commercial Court and the Supreme Court in order to evaluate the urgency of a law reform to the existing competition law in Indonesia. Based on the research, it was found that there are several issues on the practice, including (1) the absence of a law regarding the use of circumstantial evidence may result in a legal certainty; (2) different views regarding the practice result in inconsistencies in law enforcement; (3) this practice contradicts the principle of the due process model which is adopted in Indonesia. A law that is constructed systematically is necessary to ensure the legal certainty of those who are trying to seek for justice, particularly related to the enforcement of competition law.
The Criminal Liability for Debtors Who Provides Fake Letter to Creditors to Get Credit Criminal Liability Ni Made Trisna 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.5.2.2022.146-153

Abstract

The issue described in this study is about which letters can be an objects of falsified by debtors to get credit from creditor and how is the debtors accountability for providing fake letters to creditors. The method used in this research is normative, which is emphasizes the gap in norms that occur, this normative analysis mainly using library materials and laws and regulations as the source of research material. The results shows that there are several letters that can be falsified, such as: Letter of Assignment, ID, Family Card, Pay Slip. The purpose is to show that the letter seems to come from someone other than the author (perpetrator) so it is called material forgery (material valsheid), the origin of the letter is fake. Then, the act of falsifying a letter is carried out by making unauthorized changes (without the rightful permission) in a letter or writing, regarding the signature or the contents. Criminal liability for debtors who provide fake letters to creditors is leading to criminal prosecution of the perpetrators, if they have violated the provisions of Article 263 of the Criminal Code and fulfill the elements of Article 263 of the Criminal Code and the ability to be responsible is an element of error, therefore to prove the element of error, then the element of responsibility must also be proven, however, to prove the existence of an element of accountability is very difficult and requires time and money, so in practice it is used that everyone is considered capable of being responsible unless there are signs that indicate otherwise.
Legal Protection of Registered Brand Holders (A case study of the infringement of the Kaso brand light steel) Dionisius Purwo Sudarsono
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.5.2.2022.86-90

Abstract

For companies that manufacture good products with registered trademarks that are known by the public, they definitely have good market shares. It is undeniable that many companies practice unfair business competition by imitating or using other parties’ registered trademarks to market their products. The objective of this research is to obtain a legal basis for trademark rights in Indonesian positive law and the implementation of legal protection for the holder of registered trademark of lightweight steel products under brand of "Kaso" from trademark infringement by other parties through a case study of lightweight steel brand counterfeiting. This type of this research is normative, which is legal research conducted through library research. The finding of the research indicates that the legal basis for the holder of registered trademark shall be Law No.20 of 2016 which provides 10 (ten) years of legal protection. The legal protection of registered trademarks includes the type of violation, the threat of punishment for the violation, granting the right to file a lawsuit with the Commercial Court, criminal charges for alleged trademark infringement through the Police and/or by choosing an alternative solution.
Land Utilization, Perspectives, Implementation and the Problems in the Development of Sustain Able Tourism in the Global Era I Gede Arya Bagus Wiranata
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.5.2.2022.91-96

Abstract

Sustainable Tourism often watches videos and is echoed by tourism experts around the world. The aims of this research are to discuss the use of Land, Investment, Tourism, Local Wisdom and Globalization and to find out the problem of the availability of land in Bali. This study uses a normative research method by combining land and tourism regulations. The result of this research shows that Tourism activities require the conversion of land, land and resources. In the context of globalization, the presence of investors from one country to another is a necessity. The current problems related to land are exacerbated by the emergence of: (a) Globalization, (b) Socio-cultural changes, (c) orientation of shifting values towards materialistic (d) Changes in patterns and lifestyles increasingly towards consumerism, (e) Individualistic and hegemony personal.
Global Principles of Sustainable Tourism Development Ecological, Economic and Cultural I Nyoman Nurjaya
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.5.2.2022.97-106

Abstract

Indonesia is known as a country that has the beauty of the natural panorama of the sea and land and also invaluable cultural resources for the development of national tourism, in order to realizing the welfare and prosperity of the people as mandated by the1945 Constitution of the Republic of Indonesia. This research focus on discuss Global Principles of Sustainable Tourism Development and Sustainable Tourism Development Policy in Bali Province and to analyze the management of tourism destination in KSPN Kintamani-Lake Batur. This research is a normative legal research. The data used are primary and secondary data. The result explaine that the main economic sector in Bali, on the one hand, tourism performance is required to reduce the negative impact of tourism development. Nationally, with the enactment of Law Number 10 of 2009 concerning Tourism and Government Regulation Number 50 of 2011 concerning the National Tourism Development Master Plan (RIPKN), the Bali Provincial Government is required to prepare a Regional Tourism Development Master Plan (RIPKD) as stated in Bali Provincial Regulation No. 10 of 2015 concerning the Bali Provincial Tourism Development Master Plan for 2015-2029, which contains visions, directions, and plans that direct the development of tourist areas in Bali.
Efforts to Resolve the Misuse of Customer Funds at The Village Credit Institution (VCI) of Sibang Kaja Customary Village Ida Ayu Sadnyini; Ni Wayan Pariasih Cahyana
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.5.2.2022.107-111

Abstract

Village Credit Institution (VCI) of customary village/desa pekraman in Bali is a village-owned financial business entity that carries out business activities in the village and for krama desa. In this case, the authors conducted research on the VCI of Sibang Kaja Customary Village, Abiansemal District, Badung Regency, Bali Province. This research was conducted to determine and examine (1) the factors that cause customer funds cannot be disbursed at the VCI of Sibang Kaja Customary Village; (2) the efforts to resolve the misuse of customer funds at the VCI of Sibang Kaja Customary Village. This is empirical and juridical research, using the qualitative descriptive method and Aristotle’s theory of justice. This research used primary and secondary data. Data were obtained through in-depth interviews. Three factors that cause customer funds cannot be disbursed: (a) the VCI does not record the money deposited by customers in their passbooks; (b) customers deposit their money through VCI employees in charge of collecting money in the field, yet, the money is not deposited to the VCI, resulting in the customer suffering a loss; (c) non-fulfillment of customer rights. The effort to resolve the misuse of customer funds at the VCI of Sibang Kaja Customary Village is through deliberation/paruman of the customary village. The result of deliberation/paruman of the customary village is reconciliation between the customers of the VCI and the perpetrators. Sanctions given on the perpetrators are: managers and employees of the VCI who, in carrying out their duties, violate the provisions and cause harm to the VCI must: (a) provide compensation according to the losses incurred; (b) receive customary sanctions according to awig-awig and perarem; (c) receive sanctions according to the applicable law.
Alternative Settlement of Dispute Results for the Election of Village Head to Realize Democracy in South Buton Indah Kusuma Dewi; Luh Putu Sudini; Hardin; Faais Mufaasir Ramadhan
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.5.2.2022.112-118

Abstract

The emergence of prolonged Village Head Election Conflicts due to fanaticism and the harsh confrontation of supporters of the village head candidates who face to face fight for the victory of their respective candidates. Sometimes they even forget the value of democracy and undermine the ethical values ​​that have been embedded in village communities. The purpose of this study was to determine the resolution of the dispute over the election results of the Lawela Village Head in realizing democracy in South Buton and to find out the legal consequences of the South Buton Regent's decision on the cancellation of the results of the Lawela Village Head election, South Buton Regency. The method used in this research is normative juridical. The stages of the research method are preparation and administration, inventory of relevant laws and regulations, research, analysis of research results, preparation of research reports and Focus Group Discussion. Based on the above explanation, the legal consequence of the South Buton Regent's Decree Number 341 of 2019 concerning the Dispute Resolution of the Election Results of the Lawela Village Head, Batauga District, South Buton Regency in 2019 is that the results of the Lawela Village Head election in the Lawela Village Head Election become non-binding from the moment it is canceled or fixed. The legal consequences for the elected Village Head candidate in Lawela Village are being canceled as the elected Village Head candidate or as Lawela Village Head for the 2019-2015 periods and/or as the winner who has succeeded in obtaining the most votes based on the determination of the Lawela Village Head Election Committee in 2019.
Administrative Accountability of the Indonesian Government in Environmental Management for Tourism Development Leonito Ribeiro; I Nyoman Gede Sugiartha
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.5.2.2022.119-125

Abstract

A good and healthy living environment is the right of every Indonesian citizen as mandated in Article 28H of the 1945 Constitution of the Indonesian Republic. Unwise environmental management will aggravate the degradation of the environment, and therefore, improving the protection and management of the environment becomes necessary. Government accountability in environmental protection and management is a part of their public service function to ensure that people have a good and healthy environment. Thus, the puposes of this research are to examine the administrative accountability in environmental management for tourism development and to find a way to resolve legal consequences the government can face for its decision in environmental management in tourism development. This research is normative and empirical legal research and applied several approaches: statute approach, conceptual approach, philosophical approach, historical approach, comparative approach, case approach, and cultural approach based on local wisdom. The results show that the protection and management of the environment are efforts to take on a difficult responsibility, making environmental degradation more evident. Therefore, administrative law enforcement is the first step for the government to enforce the law immediately for environmental protection. The enforcement of administrative law and the integration of the values that grow in society in protecting and preserving the environment is ideal forms of wise environmental protection and management to realize tourism development. However, if the government fails to protect and manage the environment in developing tourism, the government can be held administratively accountable.
The Impact of Tourism Industry Development In Relation to Violations of Utilisation of Cliff Borders by Tourism Entrepreneurs Luh Putu Suryani; Ida Ayu Putu Widiati; Indah Permatasari
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.5.2.2022.126-132

Abstract

It is undeniable that the development of the tourism industry can have both positive and negative impacts on the economic, socio-cultural and environmental sectors. In the context of Bali, development of tourism industry will certainly have impacts towards the development of tourism supporting facilities in the form of hotels, restaurants, entertainment and recreation and so on. The aims of this research are to examine the impacts of the development of the tourism industry in relation to violations of the utilisation of cliff borders by tourism entrepreneurs and the one that involves reconstruction of legal norms in accordance with the concept of sustainable tourism development. The research takes the type of empirical legal research. The results show that the existence of tourism supporting facilities on the cliff borders in turn brings about negative impacts on the environment. As a consequence, legal reconstruction is urgently needed by adding more detailed justifications related to the regulations regarding the cliff border areas. The legal reconstruction in question can be done by adding the provisions of Articles in Provincial and Regencial or Municipal Regulations, or can be executed through preparation or reconstruction of additional provisions of Articles in the Regencial or Municipal Spatial Detail Plan or through zoning regulations based on sustainable tourism development.
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.

Page 13 of 15 | Total Record : 150

 11   12   13   14   15 

Filter by Year

2018 2024


Reset
Filter By Issues
All Issue Vol. 7 No. 1 (2024) Vol. 6 No. 1 (2023) Vol. 5 No. 2 (2022) Vol. 5 No. 1 (2022) Vol. 4 No. 2 (2021) Vol. 4 No. 1 (2021) Vol. 3 No. 2 (2020) Vol. 3 No. 1 (2020) Vol. 2 No. 2 (2019) Vol. 2 No. 1 (2019) Vol 2, No 1 (2019) Vol 1, No 2 (2018) Vol. 1 No. 2 (2018) Vol. 1 No. 1 (2018) Vol 1, No 1 (2018) More Issue