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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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The Evaluation Of Independent Norm Text And Impartial Judge On The Constitutional Court Of Indonesia N Nadir; Win Yuli Wardani
Sociological Jurisprudence Journal Vol. 2 No. 1 (2019)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.2.1.835.13-25

Abstract

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.
Women Protection and Decision of Customary Justice on The Ride of Cross Action (Women Protection Based On Law And Customary Justice In Atambua) Siti Syahida Nurani; Absori Absori; Khudzaifah Dimyati; Kelik Wardiono; Wafda Vivid Izziyana
Sociological Jurisprudence Journal Vol. 2 No. 2 (2019)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.2.2.896.89-100

Abstract

Rape can be occured in all women from all side of life, occupations, age, and marital status, which was done alone or abuzz. The perpetrators of violence also come from various circles, work, age, social class and marital status. In this case, the number of women violence against in Atambua is quite high. Sexual abuse cases and sexual harassment turned out most of the perpetrators are still related to blood with victims, such as biological father, siblings, uncle and neighbors. The cases of sexual assault against women in Atambua are resolved in customary. However, any form of resolution, the act of violence of rape against viewed from various aspects still must be responded as a criminal act, for example the custom settlement of tallitan tafani still apply penal sanction in the form of penalty as one of the effort of restoration of good name, and also dignity for the victim.
The Implementation Of The Employment Agreement For Indonesian Migrant Workers In Saudi Arabia Wafda Vivid Izziyana; Harun Harun; Absori Absori; Kelik Wardiono; Arief Budiono
Sociological Jurisprudence Journal Vol. 2 No. 2 (2019)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.2.2.899.73-80

Abstract

The placement program of Indonesian migrant workers overseas is the Indonesian government’s program for the society’s welfare. One of the referential laws used in the working relations between the Indonesian migrant workers and the Arabic employers is the employment agreement. The Saudi Arabian employment agreement implements the sharia law which is influenced by the Hambali school of taught. The King’s decree No. M/51 year 2005 regulates the labor laws in Saudi Arabia, and this country’s government only accepts employment agreements written in Arabic. The solution is that the employment agreements written in two languages are prepared, with Arabic as the authoritative language. Apart from implementing the Kafala System, as a substitute of tax, Saudi Arabia also implements the Nitaqat Policy. The employment agreements in Saudi Arabia have a high risk of being misused by the agencies, as the position of the Indonesian migrant workers is under the responsibility and under the power of the agencies, who have the right to terminate or to send the workers back home if there are some problems. The employment agreements are made because of the employer’s complaints on how the migrant workers often run away, which undoubtedly causes them a high loss. The aim of the contract is so that both parties may achieve a win-win solution, and that they are both given protection. Yet, the contract also limits the participation of the host country’s delegates, as all affairs are given to the Saudi Arabian Immigration Office. The employment agreement must be owned by both parties. Yet, based on some researches established by the Embassy of the Republic of Indonesia’s safe house, it is known that almost none of the migrant workers keep an employment agreement. Another problem is that there are multiple contracts: one before departing for Saudi Arabia, and a different one after having arrived in the country. Another written agreement that is signed by the employer and the agency in Saudi Arabia doesn’t involve the domestic worker. The three contracts which are signed in Indonesia, in front of the Immigration Office, and the one-sided contract between the employer and the agency regulates the same thing, though there is a chance that in all three contracts, the wages written are different.
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) I Ketut Seregig; Bambang Hartono; R Riagung
Sociological Jurisprudence Journal Vol. 2 No. 1 (2019)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.2.1.931.46-57

Abstract

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.
Legal Aspect of Foreign Direct Investment in Indonesia Based on the Law of Number 25 of the Year 2017 Concerning Investment Sentosa Sembiring
Sociological Jurisprudence Journal Vol. 2 No. 1 (2019)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.2.1.932.32-40

Abstract

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.
Payment of Wage under Minimum Wage for Abdi Dalem of Keraton in Daerah Istimewa Yogyakarta Asri Wijayanti; Aniqotun Nafiah
Sociological Jurisprudence Journal Vol. 2 No. 1 (2019)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.2.1.933.62-66

Abstract

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
The Model of Tourism Village Development in the District of Tabanan Indah Permatasari; Ida Ayu Putu Widiati; Luh Putu Suryani
Sociological Jurisprudence Journal Vol. 2 No. 1 (2019)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.2.1.969.6-12

Abstract

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.
The Nominee Agreement in Bali I Wayan Werasmana Sancaya; Nella Hasibuan O’Leary
Sociological Jurisprudence Journal Vol. 2 No. 1 (2019)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.2.1.970.26-31

Abstract

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.
Legal Protection for Village Credit Institutions as a Financial Business Entity Exploited to Resolve the Bad Credits in the Customary Village of Kerobokan Anak Agung Sagung Laksmi Dewi; Desak Gde Dwi Arini; Ni Made Puspasutari Ujianti
Sociological Jurisprudence Journal Vol. 2 No. 1 (2019)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.2.1.985.41-45

Abstract

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
The Role of the Curator as a Mediator in the Settlement of a Bankruptcy Case I Made Arjaya; Ni Wayan Umi Martina
Sociological Jurisprudence Journal Vol. 2 No. 1 (2019)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.2.1.997.58-61

Abstract

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

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