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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 150 Documents
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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.
Reinforcement of Judicial Supervision Function by Judicial Commission and Supreme Court as a Form of Shared Responsibility System A Antikowati; Mardi Handono
Sociological Jurisprudence Journal Vol. 1 No. 2 (2018)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.1.2.731.137-141

Abstract

The function of judicial power is to enforce law and justice in the framework of protecting society through justice system based on law in a democratic state of law. One of the important principles of state of law is the existing guarantee of judicial power implementation which is independent, free from the influence of other power to implement justice for law and justice enforcement. Accountability of judge’s performance and Supreme Court institution which is a control form for justice institution becomes an idea concerning the dilema of judicial power independence concept. The supervision of judge’s behaviour by Judicial Commission can hopefully cover the weakness intern supervision by Supreme Court. The judge supervision which can be realised by Judicial Commission includes judicial technic supervision, performance assessment, and judge’s behaviour supervision. This research concerned to the reinforcement of judicial supervision function by judicial commission and Supreme Court as a form of shared responsibility system. The research method used in this research is normative law research method with statute approach, conceptual approach and case approach. Sources of legal materials used are legislation and cases. The results of this study are: the supervision on the judge’s behavior by the Judicial Commission can hopefully cover the weakness of internal supervision by the Supreme Court. It becomes so appropriate that the suprevision on judge is also performed by the Judicial Commission, not only by the Supreme Court. The supervision on judge that can be performed by the Judicial Commission includes the suprevision of judicial technique, performance assessment, and supervision on the judge’s behavior.
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.
The Effect of Tourism to Transnational and Conventional Crimes in Nusa Penida, Klungkung - Bali I Ketut Mertha; Gede Made Swardhana
Sociological Jurisprudence Journal Vol. 1 No. 1 (2018)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.1.1.434.35-44

Abstract

Not all tourism has a positive impact sometimes have a negative impact. Events about tourists as victims of crime is also a lesson for us, but not infrequently also the tourists who visit Bali also there is a crime for the sake of survival and life. Many cases that happened, such as cases of money changer money changerSabtu February 4, 2017 and the cases that occurred Police resort of Klungkung area that also oversees Nusa Penida such as crime theft motor, gold theft, porn video penggugah, and others. In addition to the negative impacts found above, tourism is particularly vulnerable to transnational crime issues that not only undermine the existing tourism but have penetrated the international region. This research is important as a crime prevention effort in Klungkung Bali, and especially in Nusa Penida. By knowing the frequency of transnational crime and conventional crimes that occurred in the Klungkung Polreschief, Bali and the influence of tourism visits with crimes that occurred in the Klungkung Police area, especially in Nusa Penida can be seen the development of crimes that occurred and efforts to overcome them. This research uses criminological juridical approach, which is analytical descriptive with unstructured interview technique and processed and analyzed with qualitative analysis model. Data is processed and analyzed by systematically arranging data, identified, categorized or classified, connected between one data with other data, interpretation to understand the meaning of data in social situations, and then done the interpretation from the researcher's perspective after understanding the overall data quality.
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
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.
Influential Flows of Legal Philosophy to Jurists’ Thoughts Dewa Gede Atmadja
Sociological Jurisprudence Journal Vol. 1 No. 2 (2018)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.1.2.727.113-122

Abstract

This paper analyzes several flows of legal philosophy that predispose the thinking of jurists/lawyers. The legal flows include law of nature, classical to modern, legal positivism, sociological jurisprudence and flow American legal realism. In detail, it can be concluded that thus far in Indonesia the dominance of the flow of legal positivism is still quite influential on the thinking of the jurists and legal practice. This study was conducted using normative legal research method. Conceptual approach and statute approach to law were used in collecting and analyzing data of this research. In the data analysis results, it was found that there are various flows of law that significantly influence the thinking of jurists and lawyers, namely Sociological Jurisprudence, Realistic Legal Realism, The Critical Jurisprudence. Thoughts of the jurists are still developing, on the one, hand in relation to the National Law Development debates whether our choice is from the political side of law, codification, modification or unification by prioritizing customary law materials or retaining the patterns of Western law, including legal justice concepts and social justice.
Culture and Adat in Globalizational Era I Made Suwitra
Sociological Jurisprudence Journal Vol. 1 No. 1 (2018)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.1.1.424.30-34

Abstract

Tradition is one element of the form of culture as the identity of a society. Understanding adat as a form of community culture can accelerate the process of unity and unity of the nation as Indonesia which is composed of various cultures and its tradition.This diversity becomes the strength of the Indonesian nation that must always be knitted, so it must be managed with the spirit of nationality based on Pancasila and 1945 Constitution in the container Bhineka Tunggal Ikadan The Unitary State, because if it is not managed properly and properly it can lead to the disintegration of the nation and threaten the integrity of the Unitary State of the Republic of Indonesia. Differences of custom and culture also apply globally and tested in the era of globalization. Therefore it is necessary to understand the reality of the differences to be managed in creating peace.
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.
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.

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