Sociological Jurisprudence Journal
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.
Articles
150 Documents
<![CDATA[The Model of Tourism Village Development in the District of Tabanan ]]>
<![CDATA[Widiati, Ida Ayu Putu]]>;
<![CDATA[Suryani, Luh Putu]]>;
<![CDATA[Permatasari, Indah]]>
<![CDATA[ Sociological Jurisprudence Journal Vol 2, No 1 (2019) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.2.1.969.6-12
<![CDATA[The growth in the tourism sector in Bali has certainly delivered positive adavantages to particularly the enhancement of community prosperity. In encouraging the prevalence of opportinity take to make efforts to enhance the community welfare and empowerment, tourism villages can be one of the useful facilities to help increase the community economy. The proposition explored in this study is that in Tabanan there are still tourism villages which could not develop optimally. Therefore, this study is designed to examine the factors that hinder the optimal development of the village in question. Moving on from the obstacles that have been found, a solution is raised to help overcome the delay in development. The solution is to introduce and implement a model for developing tourism villages in Tabanan. This study makes use of empirical legal research with two types of data: primary and secondary data. The study sample is determined by applying a non-probability/non-random sampling technique. The model of tourism village development in Tabanan is based on empowerment of local communities (community-based tourism). This model of tourism village development is inseparable from religious values, the living culure in the community, and the preservation and quality of the environment. By the application of this model, sustainable tourism development is expected to be realized.]]>
<![CDATA[Amicus Curiae In The Criminal Evidence System In Indonesia ]]>
<![CDATA[Soares, Cesaltina Angela]]>;
<![CDATA[Iswara, I Made Agus Mahendra]]>
<![CDATA[ Sociological Jurisprudence Journal Vol 2, No 1 (2019) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.2.1.1002.67-72
<![CDATA[The Criminal Procedure Code in Indonesia is not known to other parties, other than to law enforcement officers who represent victims (Investigators or Public Prosecutors), suspects (Legal advisors) and Judges. However, in civil law, there are known other parties who are interested in entering into a dispute known as intervient. The idea of a third party that has an interest in the realm of civil law is made into the forerunner of a third party in criminal procedural law in Indonesia. Against such conditions in criminal law known as the term "Amicus Curiae" or often referred to as "Friends of Court" or in Indonesian is known as "Friends of the Court". Regarding how the existence and opportunities for the implementation of "Amicus Curiae" in the Criminal Procedure Code in Indonesia in the future that will come will be assessed by normative methods with conceptual, historical, and legislative approaches.
Keywords: Amicus Curiae; Criminal Procedure Code; Criminal Proof System]]>
<![CDATA[Authority Analysis of Counting the State Financial Loss in the Investigation of Criminal Act of Corruption in Indonesia (Study at the BPK Representative Office and BPKP Lampung Province) ]]>
<![CDATA[Seregig, I Ketut]]>;
<![CDATA[Hartono, Bambang]]>;
<![CDATA[Riagung, R]]>
<![CDATA[ Sociological Jurisprudence Journal Vol 2, No 1 (2019) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.2.1.931.46-57
<![CDATA[The authority to calculate the state losses in corruption, until now, is still a problem that must be addressed with government policy in conducting investigations Audit Board of the Republic of Indonesia (BPK) and Financial and Development Supervisory Agency (BPKP). Both of these bodies in issuing products for calculating state losses, apply different process of completing the product of the investigation conducted. Information from Indonesian Republic Police (Polri) investigators prefer the BPKP as a partner in determining state losses in a criminal act upon request of the investigators to BPKP to calculate the state losses. The method used in this study normative research and the approaches used are juridical and empirical approaches. The results of the study is BPK pursuant to Law No. 15 of 2006 has the authority to calculate State losses carried out by the Main Investigator Auditor (AUI) which has the authority to conduct Investigation Examinations, Although the Supreme Audit Agency Acts and has the authority to calculate State losses,. In addition to the BPK there are other bodies that have the authority to calculate State lossesy, that is Corruption Criminal Investigators that are more likely to use BPKP to calculate State losses compared to BPK.]]>
<![CDATA[The Role of the Curator as a Mediator in the Settlement of a Bankruptcy Case ]]>
<![CDATA[Arjaya, I Made]]>;
<![CDATA[Umi Martina, Ni Wayan]]>
<![CDATA[ Sociological Jurisprudence Journal Vol 2, No 1 (2019) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.2.1.997.58-61
<![CDATA[The purpose of this study is to look for the efforts that can be made by debtors to have their cases of bankruptcy resolved peacefully and to examine the procedures to be undertaken by Curator to achieve peace in the efforts of settling the case of so bankruptcy. This type of research is normative legal research done with a statute approach, conceptual approach, and case approach to legislation. The legal materials were collected by applying the method of library research. The results of data analysis show that in order to achieve peace in the settlement of the cases of bankruptcy, a a debtor needs to immediately make a rational peace plan that is acceptable to the creditors. In achieving this, the curator takes a key role to convice the debtors to make a good decision in preparing a plan of peace. The implication is the prepapred peace plan should be made sure capable of assuring the creditors to take. Thus, it is the curator’s responsibility to also convince the creditor to accept the plan of peace made by the bankrupt creditors.
Keywords: Bankruptcy; Curator]]>
<![CDATA[M & A in Vietnam: Trend and Legal Framework ]]>
<![CDATA[P. Ph??ng, Nguyen]]>;
<![CDATA[Permata Sari, Indah]]>
<![CDATA[ Sociological Jurisprudence Journal Vol 2, No 1 (2019) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.2.1.998.1-5
<![CDATA[The trend of mergers and acquisitions (M&A) is overgrowing throughout the world, especially in Vietnam. Vietnam is one of the countries active in M&A activities. The development of M&A values in Vietnam from 2006 to 2017 and 2018 experienced a significant increase. The development of M&A in Vietnam shows a substantial increase from year to year. The total value of M&A in 2017 reached a record $ 10.2 billion, the highest level ever and rose 175% from 2016. In the first six months of 2018, the total value of M&A sales in Vietnam reached $ 3.55 billion (equivalent to 155% of the same period in 2017). So the trend of development of M&A in Vietnam is exciting to study. In addition to the development trends of M&A, another exciting thing to examine is the issue of a legal framework for M&A in Vietnam. There are three main legal aspects of M&A in Vietnam, first is Controlling Economic Concentration under the Law on Competition, Management of Investment Activities under the Law on Investment and Management of Companies ’Activities under the Corporate Law.
Keywords: Legal framework; M&A]]>
<![CDATA[Legal Protection for Village Credit Institutions as a Financial Business Entity Exploited to Resolve the Bad Credits in the Customary Village of Kerobokan ]]>
<![CDATA[Dewi, Anak Agung Sagung Laksmi]]>;
<![CDATA[Arini, Desak Gde Dwi]]>;
<![CDATA[Ujianti, Ni Made Puspasutari]]>
<![CDATA[ Sociological Jurisprudence Journal Vol 2, No 1 (2019) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.2.1.985.41-45
<![CDATA[The existence of customary rule sanctions in the resolution of the issues of bad credits within village credit institutions in the customary village of Kerobokan has been included as one of banking laws that is legally entitled to receive legal. This research aimed to the positioning of customary law sanctions in resolving bad loans at VCI Kerobokan Customary Village and to know the forms of legal protection for VCI and how are the bad loans of customers from outside the traditional villages in Kerobokan. The method used in this research is normative legal research, namely to conduct library research by reviewing literature and analyzing statutory regulations relating to applicable provisions on VCI. This research found the settlement of the bad credit at the customary village of Kerobokan is manifested into ways. The first through preventive legal efforts, that is to say, the very moment of signing the contracts, the customers are sure to have all their incumbencies. The second is through repressive efforts that must be made on the basis of good faith. The implementation of the civil law is that the form of retribution and customary law from the customary village.
Keywords: Bad Credits; Legal Protection; Village Credit Institutions; Village-Owned Enterprises]]>
<![CDATA[The Nominee Agreement in Bali ]]>
<![CDATA[Hasibuan O’Leary, Nella]]>
<![CDATA[ Sociological Jurisprudence Journal Vol 2, No 1 (2019) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.2.1.970.26-31
<![CDATA[The title of this research is “The Nominee Agreement in Bali”. It aims discuss the meaning of the nominee agreement and the nominee agreement system in Bali. The study applies normative research approach to discuss about the nominee agreement and its system in Bali. The result is a nominee is a person or firm whose name is used as a guarantee for other properties used to facilitate transactions, while leaving the customer as the actual owner. The nominee agreement itself can be explained as follows. In a nominee agreement, the owner conveys property to a nominee to whom the latter consents to hold and execute transactions on behalf of the owner. The purpose of the agreement is to provide outlines for legal purposes of the ownership of certain property and the role of the nominee. The nominee agreement made by the notary which consists of overpower of the freehold land belonging to Indonesian citizens by foreigners wihout legal power and is null and void when it is promised that foreigners can control the freehold land juridically and have a bad faith when making the nominee agreement.]]>
<![CDATA[Payment of Wage under Minimum Wage for Abdi Dalem of Keraton in Daerah Istimewa Yogyakarta ]]>
<![CDATA[Wijayanti, Asri]]>;
<![CDATA[Nafiah, Aniqotun]]>
<![CDATA[ Sociological Jurisprudence Journal Vol 2, No 1 (2019) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.2.1.933.62-66
<![CDATA[The compensation for running a job is to get wages. There is one form of wage protection through minimum wage. The fact is there are still workers who have not earned a wage based on minimum wage after they run their jobs. One of them is the retainers of the court (Abdi Dalem) of Sultan palace of Yogyakarta. This study aims to analyze the validity of the wage system applied to the court servants who accept below the minimum wage. This study applies socio-legal approach. The result of this research is the Abdi Dalem get salaries in the form of “kecuca” which amount is less than the minimum wage of Yogyakarta Province. Sultan Hamengkubuana X should be prosecuted for violation of Article 90 paragraph (2) jo. Article 187 of Law Number 13 Year 2003. The right to pursue of the courtiers has never been implemented because the working relationship between the courtiers and the Sultan is devotion. The sense of service is the soul of the agreement on which the working relationship is based. What has been agreed upon by the parties is binding as the law for the party making it (Article 1338 B.W. (Burgerlijkwetboek). The significance of this research is that the principle of local wisdom which is the basis of working relations can be unleashed. The contribution of this research is the emergence of an understanding that the employment relationship is not solely aimed at earning wages. A sense of tranquility after work becomes the choice of the destination of the courtiers to serve the Sultanate of Yogyakarta]]>
<![CDATA[Legal Aspect of Foreign Direct Investment in Indonesia Based on the Law of Number 25 of the Year 2017 Concerning Investment ]]>
<![CDATA[Sembiring, Sentosa]]>
<![CDATA[ Sociological Jurisprudence Journal Vol 2, No 1 (2019) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.2.1.932.32-40
<![CDATA[Indonesia as a developing country in various sectors requires substantial funding. Government funds are very limited. One of the alternatives to move the wheels is to invite foreign investors. Aims of this research is to obtain legal certainty in making investments, the government renewed the legal basis of investment namely issuing Law Number 25 Year 2007 on Investment. In this law has been adopted from international agreements associated with the investment regime. In principle it is not an area of investment that can be entered by open investors in all areas. In order to have legal certainty the government issues a negative list of investments. To improve services to investors in this law is authorized by the Investment Coordinating Board to coordinate one-stop services.]]>
<![CDATA[The Evaluation Of Independent Norm Text And Impartial Judge On The Constitutional Court Of Indonesia ]]>
<![CDATA[Nadir, N]]>;
<![CDATA[Wardani, Win Yuli]]>
<![CDATA[ Sociological Jurisprudence Journal Vol 2, No 1 (2019) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.2.1.835.13-25
<![CDATA[In this paper, the Judge of the Constitutional Court is the authority of judicial power to enforce law and justice as a guardian and interpreter of the constitution. The method used in this research is legal research. The result of this research is that the evaluation of the independent and impartial texts of Indonesian constitutional court judges can be measured from procedural independent, legal fomal-empirical independent, and empirically independent either according to national legal instruments or international instruments. Meanwhile, the supervision of the Constitutional Court judges is devided into two supervisory models. These are that it is supervised by the Ethics Council of the Constitutional Court and by the Honorary Council of Constitutional Justices. For the external supervision, the court is supervised by the Constitutional Court with the Judicial Commission philosophically forming the Ethics Council to perform the (control function) to the judges of the Constitutional Court in order to avoid deviation of legal norms by the judges of the Constitutional Court Indonesia.]]>
