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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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Women’s Position on the Hindu Law in the Vivaha Samskara System Chandra Sagaran; Made Aripta Wibawa
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.1.2.732.123-129

Abstract

There are assumptions and interpretations which consider marriage as a part of the Panca Yajna, especially the Manusa Yajna, as Pawiwahan (marriage) involving human affairs (individual). Pawiwahan is included in the tiered samskara (rites of passages in one’s life and purification) system. The study discusses the women’s position in law of Hindu of Vivaha Samskara system. This study employs qualitative research method with normative law research design. To achieve objectives of the study, this study made use of statute approach and conceptual approach in collecting and analyzing the legal materials. The results show that women's position in the Vedas is highly respected although the law has always undergone modifications and change of material. In Hindu marriage system, sanctions are to be enforced for: impregnating biological children, having sexual intercourse in the temple, sexually assaulting an underage daughter (kanya wighna), sexually assaulting their own daughter (swaputribhajana), having sexual intercourse with biological mother (mater bhajana), killing women (yuwati wadha), abortion (bruhanahatya), and sexually assaulting underage children. All of these are considered great sins (Ati Pataka) according to Slokantara 15-17, whose sanctions are not included in the awig-awig adat (traditional custom rules).
Constitutional Review Of Administrative Actions: Development In United Kingdom, India, Malaysia, South Africa And Hong Kong Normawati Binti Hashim
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.2.2.1270.134-140

Abstract

The 21st century saw the rapid development of the administration of the nations of the world. With the development, it is essential to ensure that administrator entrusted with the administration of the country perform its duties in accordance with the rule of law. It must not act arbitrarily. Discretionary power if given to the administrator, it is limited. This is to guarantee that administrator in performing its duties would not infringe rights of an individual or community, especially fundamental rights. To make certain that this is achieved, an effective mechanism for the protection of rights, especially human or fundamental rights in state administration is needed. Judicial review is one of the effective mechanism to supervise and control action of the administrator. This mechanism is available in Administrative Law. Under the instrument, grounds of judicial review is made available to review action of the administrator. Currently, there are two streams of judicial review: Administrative Review and Constitutional Review. The former is a non-right based review of administrator’s power founded on the traditional common law using Wednesbury objective test or CCSU grounds not involving violation of fundamental and human right and the procedures. Meanwhile, the latter is a right-based review involving the exercise of administrative powers that violate the constitutional right of an individual or community, particularly, fundamental rights. The traditional common law, nevertheless, are inadequate in addressing review of administrative action involving violation of fundamental rights. For that reasons constitutional review as another stream in judicial review was developed. This was illustrated looking into the development in United Kingdom, India, Malaysia, South Africa and Hong Kong. With the expansion, mentioned the common law countries are capable of providing a more comprehensive and meaningful protection to an individual or community against unlawful act of the administrator that violates rights, especially human and fundamental rights. Consequently, state integrity is strengthen and be more accountable to the community. Hence, state can develop administration that is sound, and efficient in human, natural, economic and financial management. The proper enforcement of human rights will promote political and socio-economic stability, provide legal certainty and it encourages investors to invest in the country.
Law Enforcement in Building Community Trust to Positive Legal Quality Ni Putu Sawitri Nandari
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.1.1.431.62-66

Abstract

Law enforcement is done to restore the balance between the rights and obligations of the people, in realizing order and security for the members of the community.In a state of law, the rule of law must be manifestly realized, so that when there is a violation of law then the law must be enforced. The decline in the authority of the law is not solely due to the weakness of law enforcement, but there are many factors that cause the dissolution of public confidence in the existence of positive law in Indonesia, among others from the aspects of society itself, legal aspects, both material law and formal law and law enforcement aspects. Law enforcers must be able to portray their respective roles in upholding the law, justice and truth according to the sense of community justice. Through this enforcement, the law is actually implemented so that it can add the image and legal authority and can build public trust on the quality of positive law of Indonesia.
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.
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.
Authority and Procedures for Determination of the Foundation Managers I Made Arjaya; Ni Wayan Umi Martina; Ida Bagus Erwin Ranawijaya
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.1.2.728.67-73

Abstract

The purpose of this study is to find out who is authorized and how the procedure of determination the foundation managers. The method used in this research is the method of normative legal research with statute approach, conceptual approach and case approach. Research location in Denpasar Bali. Sources of legal material are legislation, and cases faced by the DJ foundation. How to collect legal materials is to use the card system. The result of the research is the authority to determination the foundation managers by the foundation trustees and the procedures of determination the foundation managers begins with the supervision conducted by the supervisor of the foundation, followed by the temporary dismissal, then proceed with clarification meeting from the managers of foundation, which can lead to the determination of the foundation managers.
Juridis Implication of Government Regulation No. 1 of 2017 on Mineral and Coal Mining Business Activity by Foreign Investor Putu Edgar Tanaya
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.1.1.430.52-61

Abstract

The purpose of this research is to know and understand the regulation of mineral and coal mining business implementation conducted by foreign investors before the birth of Rule Number 1 Year 2017 and to know and understand the implication of the birth of Regulation No. 1 of 2017 is hurt with the aim of the state. In this research, to reach the objective, normative research method with regulatory approach is applied by reviewing the laws and regulations related to research and case approach related to the divestment of mining business by foreign investors. The conclusion yields two conclusions. The first conclusion is the regulation of the implementation of mineral and coal business activities prior to the issuance of Government Regulation No. 1 of 2017 is regulated in several laws and regulations which have two weak points. The first concerns the regulation of inconsistent divestment shares and both mechanisms of work contracts that are detrimental to the Government of Indonesia. the second conclusion, the issuance of Government Regulation No. 1 of 2017 confirms the number of divestment shares and changes in working contract patterns to mining business permits maximizing the realization of welfare for all Indonesian people.
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.
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
Control and Empowerment of Abandoned Land for Agrarian Reform Siti Hafsyah Idris; I Wayan Kartika Jaya Utama
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.1.2.733.87-94

Abstract

This research is conducted to describe the impact of the issuance of Government Regulation Number 11 of 2010 on the Control and Utilization of Abandoned Land that serves as an important part of the agrarian reform agenda. It is relevant to the solution to counteract and eradicate the crisis of poverty by providing land and other facilities necessary for production so that people are able to work more productively and live a prosperous life. Essentially, it involves the whole process of restructuring the tenure, ownership, use, and utilization of land in order to achieve social welfare and justice. This research applies normative legal methods to conduct a literary review because of the characteristics and traditions of law. The approaches used in legal research are the statute approach, the case approach, and the conceptual approach. The results of the research show that agrarian reform needs to be included in the nation's agenda and the basic strategy of the country to build a just political, economic and social structure. This is the relevance of placing all references, understanding, scope, and usefulness of the management of "the abandoned land which later becomes the state property" in realizing the true agrarian reform.

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