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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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Problems and Challenges Empowering Human Resources (Hr) in Company Organization in Globalization Era I Nyoman Putu Budiartha
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.1.1.423.1-6

Abstract

Existence of Human resources (HR) as a worker is very important in the company because in addition as wrong one element in a company organization that helps business activities as well as an input element or input along with other elements in the process production either in the form of services or goods through the management process in the form output or output. Without any human resources or workers within the company, it is impossible that the company can move and run in producing goods and services in an effort to achieve company goals. There are several problems and challenges for HR workers in companies in the global era where the problems encountered can include: the competence of workers in global competition, population growth and unemployment widened the diversity of the world of work that requires creative innovation and organizational management issues and professionalism, labor protection, social and environmental responsibility. The company's future challenges can be internal challenges in the form of financial, sales, service, production and industrial relations of workers and as external challenges of technological advancement, global political economy and socio-cultural.
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.
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.
Articulation of Regional Community Interest Through DPD RI I Gusti Bagus Suryawan
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.1.2.729.95-102

Abstract

This paper examined the articulation of the interests of regional community through the authority of members of the Regional Representative Council (DPD) to see the extent of the functions and authorities of people representative officials in realizing the public interest of the regional people. This paper utilized conceptual approach and statutory approach to the law because of its normative type in nature. Therefore, the required data were in form of articles of the law regulating the authority of members of the Regional Representatives Council (DPD) as well as the interests of the society in the region. In addition, data from bibliography were also collected, such as results of scientific studies relevant to the object of study in the present study to compare theories leading to meet conclusions to be drawn. The results show that the articulation of the interests of regional community within the scope of the authority of the DPD is still very limited because it is at the theoretical level, instead of practical. The DPD should have taken strategic steps in helping to succeed the interests of the regional community of developemnts.
Legal Solution Overcoming the Problems in the Cases of Indonesian Republic Supreme Court L Lufsiana
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.1.1.428.19-23

Abstract

The accumulation of cases in the Supreme Court of the Republic of Indonesia, especially the case of the General Court (Civil and Criminal case) has not been resolved, even though there is an internal regulation that sets the time limit for the settlement of the case for 250 days and the division of rooms within the Supreme Court and the settlement takes a long time, it not only violates the legal principles of simple justice, fast and low cost even has opened the door of corruption, because the seeker of justice will try to speed up to get the verdict on his case. This paper provides a legal solution to the problem, namely by establishing representatives of the Supreme Court in every province in Indonesia and empowering the nation's children to become Supreme Court Justice (opening a wide field of employment for legal professionals) using the approach of legislation.
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.
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
Policy of Criminal System Formulation Oriented to Rape Crime Victims Ahmad Syaufi; Diana Haiti
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.1.2.734.103-112

Abstract

Criminal act of rape has received considerable attention among the public nowadays. The care and protection of the interests of the victims of the rape crime either through criminal justice process or certain social care facilities is an absolute part that needs to be considered in criminal law policies and social policies. Therefore, in the formulation of the criminal system, it is time to pay attention to the victim's interest to realize the equitable distribution of justice for the rights of rape victims to be protected. In the effort of developing and renewing the criminal law in Indonesia, it is necessary to conduct an assessment related to the policy of punishment formation system which is oriented to the rape crime victims in the coming criminal law. This study employed a qualitative research using normative law research design. In an effort to achieve the research objectives that have been determined, this study used statute approach and conceptual approach. Based on the results and discussion, policy formulation of punishment system that is oriented to rape crime victims in future criminal law is as follows: (1) in the material criminal law, protection of rape crime victims in its development is regulated in a Bill of Criminal Law, including the formulation of passive national principles, the extension of the concept of criminal acts of rape, and the formulation of types of sanctions. (2) in formal criminal law, the protection of victims, especially the rape crime victims, has been regulated in a Bill of Criminal Procedure Law, with the granting of procedural rights such as the right of a translator and the right of reimbursement of expenses. It is because legal protection against victims of rape crime is in need of services such as psychosocial, medical, and safe house.
The Role of Cultural Aspect of Pesarean on the Regulation Formation in Wonosari Village of Gunung Kawi Jazim Hamidi; M Gatot Subratayuda; M Fajrul Falah
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.1.1.427.14-18

Abstract

This article discusses how the role of cultural aspects influences the formation of regulation in Wonosari Village Gunung Kawi, Malang Regency. In accordance with the issues raised, this study uses empirical juridical method and the theory of legal harmonization and legal pluralism as a tool for analysis. The conclusions of this research are; (1) Culture has an important role in the formation of law. Culture makes the law work well in the community. (2) The Pesarean region of Gunung Kawi is currently undergoing a transformation from traditional values ​​to modern values. (3) Therefore the urgency now is to create harmonization and unification between culture and formal law. Furthermore the authors advise the government to always consider cultural values ​​in the framework of the formation of village regulations.
Central and Regional Financial Balance: Juridical-Theoretical Dimension I Dewa Gede Atmadja; I Gusti Ngurah Supartha Jelantik
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.1.1.429.24-29

Abstract

The juridical dimension of the constitution determines that the balance of central and regional finance constitutes imperative prescriptions / norms of central and regional relations (Article 18 jo Article 18 A Paragraph (1) and (2) of the 1945 Constitution. The core norm of central and regional financial balances affirms a regulation of funding as a sub-system of state finances in funding governmental affairs under the jurisdiction of decentralization, deconcentration and co-administration (vide Article 279 of Law Number 23 Year 2014 on Regional Government jo Article 2 of Law Number 33 Year 2004 Concerning Financial Balance Between the Central Government and Government Area). The relationship of central and regional authority is theoretically closely related to the doctrine or household teachings, namely the teaching of material autonomy, the teachings of the household/formal autonomy, and the teachings of real autonomy/real. The teachings of real autonomy or real rely on the idea; from the beginning the center to give recognition to the real situation or factor that grows and develops in the local community. A more comprehensive revitalization and reformulation of central and regional fiscal reforms can be made through the legal authorities of upgrading regional initiatives in accordance with the broadest real autonomy principles, implementing constitutional mandates on other resources that have not been transparently regulated in legislation and required a grand design of Indonesia's fiscal decentralization.

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