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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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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.
Urgency of Employment Protection Regulation for Online Transportation Driver I Wayan Gde Wiryawan
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.3.1.1319.34-42

Abstract

The phenomenon of online application-based transportation services is actually an answer to people's needs for transportation that is easy to get, convenient, fast, and cheap. There are many factors making this online-based application is needed by many people, especially in big cities in Indonesia. Online transportation has become an alternative mode that people want after previously they have to use the conventional modes. Behind the convenience provided, the presence of GO-JEK and Grab has contradictions from various parties. There are no regulations specifically regulating worker protection for the drivers because in Law Number 13 of 2003 concerning Manpower (hereinafter referred to as the Manpower Law) only regulates formal worker. Thus, worker standards in the Manpower Law cannot be applied to online transportation drivers. The urgency to make rules regarding worker protection for online transportation drivers should be considered by the Government. Therefore, it can create legal certainty and justice for the drivers like the formal workers.
Tri Hita Karana in Balinese Customary Law as a Basis for The Settlement of the Village Boundary Conflict in Bali Made Hendra Wijaya; I Wayan Eka Artajaya
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.3.1.1320.59-64

Abstract

Tri Hita Karana in balinese customary law as a basis for the settlement of the village boundary conflict in bali is the title used in this reseacrh, to demonstrate that the philosophical Tri Hita Karana is an extraordinary thought to solve the problems of the Balinese people, especially to solve the problem of village boundaries in Bali. The technicalities of the philosophical Tri Hita Karana are Parhyangan, Pawongan, Palemahan, so that the Balinese only see three technicalities of Tri Hita Karana. The objectives of this study is to examine the real form of the concept of Tri Hita Karana in resolving village boundary conflicts, and to examine the role of Pekraman Village in implementing the Tri Hita Karana concept as the guardian of the life balance of the Krama/Villager of his village community. This research method uses normative methods, namely legal research that examines written law from various aspects. This research analysis used is the analytical approach to History (approach of Historical analysis). The results revealed that Balinese people in resolving their problems, especially related to village boundaries, must always hold on to the concrete steps of Tri Hita Karana, namely Parhyangan, Pawongan, and Palemahan to shape the behavior of Balinese people to bring about conflict resolution by means of family negotiations, and mutual respect and try to understand the problem by way of consensus agreement to achieve good together and create harmony.
Executive Law Review in an Effort to Accelerate Program Ease of Doing Business Johannes Ibrahim Kosasih
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.3.1.1322.8-13

Abstract

Indonesia is currently still ranked below in attracting domestic and foreign investment because the existing regulations are not conducive. Many contributing factors, including central government regulations that are inconsistent in their implementation in the regions and the linkages of various regulations that support investment (for example: employment, land, credit, contracts, taxation, cross-country trade, business entities, bankruptcy and etc.), updates adapted to the era of free trade and fair business competition. One of the Government's efforts to improve the investment climate is to implement the Ease of Doing Business program that has been carried out by other countries in various parts of the world. This study aims to carry out the executive law review in an effort to accelerate program ease of doing. This study uses normative juridical research methods by examining various regulations and policies of the Central Government and local governments with a statute approach. The results of this study shows that there are three policies from the Government in the form of revoked, amended or maintained by the regulations referred to in 5 (five) dimensions in the evaluation of regulations, namely the accuracy of the type of legislation, the potential for disharmony in regulations, clarity of the formulation of regulations, assessment of conformity of norms, and effectiveness implementing statutory arrangements. These five dimensions in the Ease of Doing Business program are expected to provide synergy from existing regulations so that foreign investors can look at Indonesia as a country that is comfortable in investing and can provide benefits for businesses that are invested in Indonesia.
Education Sector and Corporate Social Responsibility a Study on Private Sector Secondary School of District North & South Delhi (India) Pankaj Dixit
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.3.1.1427.14-18

Abstract

Educational organizations in private sector require strong corporate strategies. In order to get success in the globally competitive environment they must adopt the strategy of Corporate Social Responsibility. This study analyzed corporate social responsibility and its impact on private sector secondary schools in district North & South Delhi. For this purpose primary data were collected through five point Likert’s scale. The questionnaire was fielded to private sector secondary school teachers in order to get data about the impact of corporate social responsibility on performance of secondary schools. The population of the study was 184 registered private sector secondary schools (140 boys and 44 girls) which included 900 teachers (who taught to class 10th students during session 2017-18) in district North & South Delhi. A sample of 280 teachers (140 male and 140 female) in 70 private sector secondary schools (35 for boys and 35 for girls) were selected through equal allocation sampling formula. Mean, Standard Deviation and t-test were applied for analyzing the data. The Pearson’s correlation was used to evaluate the variable effects. The result from the data indicated that all the four aspects of CSR have positive significant impact on the performance of secondary schools.
The Role of Legal Opinion as Legal Problem Solving Method Herowati Poesoko; Anak Agung Sagung Laksmi Dewi
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.3.1.1513.19-27

Abstract

This study aims to describe Legal Opinion as a Legal Problem Solving Method. The method used in this study is normative legal research; meanwhile the approach used in this study is legal research method. The results revealed that firstly based on legal issues which certainly cannot be separated from the field of law to be studied, while the preparation of legal opinions depends on the depth of knowledge of the legal field what will be found, it is seen in the analysis used in order to find legal problem solving that can be prescription of the legal issue. Therefore, the role of legal opinion in the structure of the layer of legal science can be useful as a method in developing practical law or in developing theoretical law.
Model Of Partnership Agreement Between Medium Small Businesses (Smes) And Big Businesses In Realizing Joint Welfare Rai Mantili
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.3.1.1514.28-33

Abstract

The objectives of this study is to examine the partnership agreement model between SMEs and Large Enterprises in creating shared prosperity and to examine the principles’ application of the agreement in partnership that can provide protection for SMEs in Indonesia. The research method used in this study is analytical descriptive which aims to obtain a comprehensive picture of the partnership agreement in Indonesia. Data about the business partnership agreement and its implementation are then analyzed to answer the research problem. Based on analysis, the results of this study showed that 1) the partnership agreement model between SMEs and Large Enterprises in creating shared prosperity must begin with efforts to apply the principles of the agreement and business ethics in the partnership agreement. 2) the application of the principles of agreement in partnership in practice has not yet run optimally, there are still many partnership agreements that have been deviated from the contents of the agreement. In this case the role of government is needed to provide protection to the SME group and also the Large Business group to realize social responsibility for the progress of the UKM business group.
Strengthening of Local Micro Business Legal (UMKM) Law Regulation in Requiring Sustainable Tourism in Bali I Ketut Gde Suarnatha; Ida Bagus Wyasa Putra
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.3.1.1515.43-53

Abstract

Sociological study of local MSMEs in facing various obstacles in their growth and development and juridical studies related to the legal basis underlying the need to strengthen the competitiveness of local MSMEs in Bali. This research aims to analyze the factors that affect the competitiveness of local micro, small and medium enterprises (MSMEs) in organizing the trade in tourism services in Bali. This research used is normative research method. This research uses several approaches including: conceptual approach, philosophical approach and analytical approach. The results of this study showed that the formulation of strengthening the competitiveness of local micro, small and medium enterprises (MSMEs) in organizing the tourism services trade in Bali is based on the principle of fair efficiency and the principle of subsidarity so that local MSMEs can become new entities that reflect the philosophy of Tri Hita Karana and have strong competitiveness realize sustainable tourism. It is recommended to the Provincial Government of Bali, to make efforts to crystallize the value of local wisdom that can be applied as the identity of local MSMEs, so that there are formal standards in determining local MSMEs as a new entity in the economic world.
Historical Development over Religious Liberty in the Indonesian Constitution Mahaarum Kusuma Pertiwi
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.3.1.1525.65-74

Abstract

This paper finding is the existence of recurring unsettled negotiation between the Islamists and the Nationalists during three important constitutional works in Indonesia (the making of 1945 Constitution; the work of Konstituante to draft a new constitution in 1955-1959; and the constitutional amendment 1999-2002). Such fragile political consensus creates a legal gap in the Indonesian legal system: constitutional guarantee on religious liberty on one hand, and discriminative derivative laws and court decisions in relate to religious liberty on the other hand. This paper argues the legal gap happens because historically, discourse over religious liberty never settled during constitutional debates. It leads to ambiguous constitutional articles on religious liberty such as the seemingly contradicting Article 28 I (1) on absolute rights and Article 28 J (2) on the limitation of rights. The ambiguous constitutional articles give no solid basis for protecting religious liberty, especially for minority, although explicitly Article 29 (2) of the Constitution stating, ‘The State guarantees freedom of every inhabitant to embrace his/ her respective religion and to worship according to his/ her religion and faith as such’. This paper will explain the unsettled negotiations during the making of Pancasila and the Jakarta Charter in 1945; the debate within Konstituante’s work in 1959; and the debate during constitutional amendment in 1999-2002.
The Effectiveness of Regional Regulation of The Province of Bali Number 16 of 2009 Concerning Spatial Planning for The Province of Bali in The Development of Tourism Supporting Facilities at The Sanctuary Area in Badung Regency Ida Ayu Putu Widiati; Luh Putu Suryani; Indah Permatasari
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.3.1.1593.54-58

Abstract

One of the highly developed tourism industries in Bali is the tourism industry. Nevertheless, the problem that then arises is that there are developments encountered in the area of the holy place that should not be made as a place to support the tourism facilities. This is of course not in accordance with the provisions of Regional Regulation Number 16 of 2009 concerning Spatial Planning for the Province of Bali, particularly in Article 50 paragraph (2). This study examines the effectiveness of Bali Province Regional Regulation Number 16 of 2009 related to the construction of Tourism supporting facilities in the radius of the shrine area in Badung Regency. The whole data collected are processed and analyzed by organizing them systematically, and are then classified and connected between one data with another. In practice, there are still violations related to the rules of the radius of the sacred area around the Pura Sad Kahyangan, especially in the Pura Luhur Uluwatu. The existence of norms related to sacred areas comes through pros and cons in practice. Some judicial review requests have even been submitted to the Supreme Court. The role of law enforcement also needs necessarily to be optimized, especially in terms of enforcing the rule of law related to violations in the radius of the holy place in the Badung Regency.

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