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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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M & A in Vietnam: Trend and Legal Framework Nguyen P. PhÆ°Æ¡ng; Indah Permata Sari
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.2.1.998.1-5

Abstract

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
Amicus Curiae In The Criminal Evidence System In Indonesia Cesaltina Angela Soares; I Made Agus Mahendra Iswara
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.2.1.1002.67-72

Abstract

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
Fighting Hoax and Hate Speech by Strengthening The Spirit of Pancasila in Preventing Disintegration of The Nation I Nyoman Budiana; I Made Warta
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.2.2.1195.101-107

Abstract

The notion of democracy is used by most of the countries in the world as a foundation in managing the country, it is also the choice of Indonesia after the reformation period in 1998 as stated in the amendment of the 1945 Constitution. Through democracy, people can control the government administration so that the government does not act arbitrarily. With democracy, people are also given the opportunity to participate in all aspects of development, guaranteed the freedom of association / assembly to express opinions on various matters in the government administration in accordance with the constitutional corridor. In practice, after 2 (two) decades of reformation, freedom in democracy has become an act that exceeds the limit. In the national life order in Indonesia today, there have been various hoaxes (false information), utterances of hatred on social media, anarchic behavior occurring in various places, even radicalism movements which allegedly want to destroy the ideology of Pancasila and replace it with other ideologies. In this study, there are two problems that will be discussed, namely legal policy in the prohibition of hoaxes and hate speech and the ideology of Pancasila in the prevention of hoaxes and hate speeches. Legal policies in the prohibition of hoax and hate speech are regulated in Article 28 paragraph (1) of Law Number 11 Year 2008 concerning Information and Electronic Transactions. Prohibition of hoaxes and hate speeches is also carried out in various laws and regulations in other countries. Hoaxes and hate speeches threaten the integrity of Indonesia. Therefore, to guard and care for the Republic of Indonesia to remain based on the ideology of Pancasila, the nation's commitment to defend Pancasila as a state ideology must be able to actualize the noble values contained in the principles of Pancasila in life as well as possible and committed to fight hoax, utterances of hatred, anarchic actions and radicalism by strengthening the spirit of Pancasila for every Indonesian person and encouraging various government agencies to uphold the concept of the rule of law in preventing the disintegration of the nation.
Cyberbullying on Children in Victimology Perspective Dewi Bunga; Omar Sharif Hiariej
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.2.2.1197.116-121

Abstract

Cyberbullying is intimidation carried out in cyberspace. Virtual space opens opportunities for cyberbullying to attack children. Children who are victims of cyberbullying tend not to report the bullying done on them. In this research, two issues will be discussed, namely the study of the victimology of cyberbullying on children and the responsibility of the State in protecting children from cyberbullying. This research is a normative juridical approach with criminal law and vicimology approach. The victimism study of cyberbullying on children shows the urgency of protecting children who are victims of cyberbullying. Cyberbulling has an impact on children's mental well-being. Those who become victims will be embarrassed, decide to quit school, feel negative feelings, even commit suicide. Judging from the possible impacts on victims, cyberbullying on children is more dangerous than bullying done in a real way, and is more dangerous than if it is done on adults. The responsibility of the State in protecting children from cyberbullying is by formulating, implementing, and forcing the rule of law on the offender. The State is also obliged to implement international commitments in preventing cyberbullying on children.
Value Approach and Character Education in Reviewing Cohabitation Phenomenon Ni Luh Gede Yogi Arthani
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.2.2.1236.108-115

Abstract

Coexistence between two people who have a love affair without marriage ties is called cohabitation, or what is in Indonesian language termed "kumpul kebo." This cohabitation phenomenon is not only found in urban areas, but also in rural areas. Some people in Indonesia reject this behavior because it is considered contrary to the cultural values, while the others let the people around them take the decision to live together. The refusal by local community members was carried out by persecuting lovers who allegedly committed cohabitation. This certainly makes other legal problems. In this study, two issues will be discussed namely cohabitation behavior which is categorized as a criminal act and an attempt to criminalize cohabitation in the legal system in Indonesia. Not all cohabitation behaviors are categorized as criminal acts. Cohabitation as a criminal offense is if it is carried out by people who are already married to another person as stipulated in Article 284 of the Criminal Code. The efforts to criminalize cohabitation in the legal system in Indonesia are carried out by submitting applications in the Constitutional Court and cohabitation arrangements in the Draft of Penal Code.
Reflection of Tri Hita Karana Philosophy as A Local Wisdom of Bali Communities in Responding to Social Conflict in The Global Reform Era I Gusti Ayu Suarniati; I Gusti Ngurah Anom; I Gusti Bagus Hengki
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.2.2.1246.127-133

Abstract

The development of science and technology, communication, transportation, and entering the era of global reform bring positive and negative effect to the world community, in community of developed country or developing country like Indonesia which has plural society that different language, etnic, customs, and religion which certainly brings the highest impact of social conflict in the intern or ekstern. Bali and the society that heterogeneousas from the territory of Indonesia can not avoid negative effect from global community, among them is social conflict in the name of ‘adat’. Reflection of philosophy ‘Tri Hita Karana’ as local wisdom in tackling social conflict in the name of ‘adat’ in the era of global reform, must be discussed, reviewed, analyzed through a scientific study can later be expected to become foundation in searching a right solution for the sake of solid NKRI that based on Pancasila ideology, UUD 1945 and Bhineka Tunggal Ika.
Regulation of Strengthening of LPD Desa Adat in Bali in A Gap I Made Suwitra; Diah Gayatri Sudibya
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.2.2.1253.122-126

Abstract

The aims of this research is to analyze the implementation of the strengthening of LPDs as a nonbank financial institution in the Desa Adat against various regulations issued by the Government both at the national and regional levels in the perspective of an analytical approach. The basic consideration of this research is that there are still some LPDs that are not healthy and even go bankrupt. The method used is the form of normative legal research with legislation, analytic, case and coexistence approaches. Normatively various regulations issued by the government at the national and regional levels are intended to strengthen the existence of LPDs, but in reality not all LPDs in Desa Pakraman are strong and healthy, some LPDs even went bankrupt. Therefore a comprehensive study of various perspectives is needed in the context of the legal system.
Mediation as A Choice of Medical Dispute Settlements in Positive Law of Indonesia Mohammad Irfan
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.2.2.1257.141-145

Abstract

The aims of this research to see how the pattern of mediation is seen as effective in resolving medical disputes in the review of Law No. 30 of 1999 concerning Arbitration and alternative resolutions of off-court disputes and Perma No. 1 of 2016 concerning Mediation in the court. The research methodology used is the Normative legal research methodology with a document study approach/literature study, by examining references related to the writing object. Based on the results of the study in the case of cases of medical disputes or disputes between patients and doctors/dentists and/or hospitals including those who feel disadvantaged by the actions of doctors/dentists in accordance with Article 66 of Law No. 29 of 2004 concerning Medical Practice, better resolved by mediation In mediation, the parties directly discuss what is the process of resolving disputes that are discussed and voluntary and provide information on what might offer a chronological and expected approach in overcoming demands, preferably mediation used as the main form in resolving medical disputes, because mediation is faster, cheaper, easier, and its nature does not cause long hostilities because no one is defeated
Intellectual Property Protection of Indigenous Peoples in Indonesia: Quo Vadis? Anis Mashdurohatun; Ariy Khaerudin; Teguh Prasetyo
Sociological Jurisprudence Journal Vol. 3 No. 1 (2020)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.3.1.1268.1-7

Abstract

Illicit used of intellectual property protection of indigenous peoples which are increasingly exploitative and leaving the existing values, and it’s happen over the world. Paradox government need it for raw material in creative economic but there’s no law to protect. The aim of this study is to describe dilemma of law patronage for Intellectual property of Indigenous People. Method for this study used library research. The values of justice in the use of traditional cultural expressions are carried out proportionally and balanced by harmonizing the values of individuals with communal values. Based on it ought to palladium with legal system that preserve behalf indigenous peoples in order to achieve legal objectives (Justice, certainty and expediency).
Analysis of Investment Policy in Indonesia After the Ratification of the Protocol To Amend The Asean Comprehensive Investment Agreement Poly Pagna; Dewa Putu Mantera; Anak Agung Sagung Laksmi Dewi
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.2.2.1269.81-88

Abstract

The Government of Indonesia in an effort to increase Foreign Direct Investment (FDI) and increase trade between ASEAN member countries (intra-ASEAN Trade) ratified the protocol to amend the asean comprehensive investment agreement in the form of Presidential Regulation of the Republic of Indonesia Number 92 of 2015. Constrained by regulations concerning legalization and licensing at the center and in the area of accelerating efforts, the Investment Coordinating Board is given the task of coordinating the implementation of policies. Moving on from that, the problem was formulated regarding how the substance and investment policies in Indonesia after the ratification of the protocol to amend the asean comprehensive investment agreement. The substance of the protocol to amend the ASEAN comprehensive investment agreement is to create a free and open investment regime in ASEAN, through investment regimes, increased protection, increased transparency and predictability of rules, with fair competition and non-discrimination treatment. With the transition from the existence of the understanding of liberalism, efforts must be made to strengthen the family principle in accordance with Article 33 paragraph (1) of the Constitution. Globalization should be harmonized by considering the entire foundation and a material study of the academic community with the aim of defending the nation's ideology. Then the application of the Triple Helix concept as a transformation effort.

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