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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 Implementation Of The Employment Agreement For Indonesian Migrant Workers In Saudi Arabia Wafda Vivid Izziyana; Harun Harun; Absori Absori; Kelik Wardiono; Arief Budiono
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.2.2.899.73-80

Abstract

The placement program of Indonesian migrant workers overseas is the Indonesian government’s program for the society’s welfare. One of the referential laws used in the working relations between the Indonesian migrant workers and the Arabic employers is the employment agreement. The Saudi Arabian employment agreement implements the sharia law which is influenced by the Hambali school of taught. The King’s decree No. M/51 year 2005 regulates the labor laws in Saudi Arabia, and this country’s government only accepts employment agreements written in Arabic. The solution is that the employment agreements written in two languages are prepared, with Arabic as the authoritative language. Apart from implementing the Kafala System, as a substitute of tax, Saudi Arabia also implements the Nitaqat Policy. The employment agreements in Saudi Arabia have a high risk of being misused by the agencies, as the position of the Indonesian migrant workers is under the responsibility and under the power of the agencies, who have the right to terminate or to send the workers back home if there are some problems. The employment agreements are made because of the employer’s complaints on how the migrant workers often run away, which undoubtedly causes them a high loss. The aim of the contract is so that both parties may achieve a win-win solution, and that they are both given protection. Yet, the contract also limits the participation of the host country’s delegates, as all affairs are given to the Saudi Arabian Immigration Office. The employment agreement must be owned by both parties. Yet, based on some researches established by the Embassy of the Republic of Indonesia’s safe house, it is known that almost none of the migrant workers keep an employment agreement. Another problem is that there are multiple contracts: one before departing for Saudi Arabia, and a different one after having arrived in the country. Another written agreement that is signed by the employer and the agency in Saudi Arabia doesn’t involve the domestic worker. The three contracts which are signed in Indonesia, in front of the Immigration Office, and the one-sided contract between the employer and the agency regulates the same thing, though there is a chance that in all three contracts, the wages written are different.
M & A in Vietnam: Trend and Legal Framework Nguyen P. Phương; 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
Criminal Act of Contempt Through Electronic Information Media I Nyoman Putu Budiartha; I Made Minggu Widyantara; I Nengah Nuarta
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.1.2.730.82-86

Abstract

The rapid current of globalization raises many problems in almost all aspects of human life, covering the political, social, cultural, economic, scientific and technological fields, so that fundamental changes in people's habits arise predominantly. Following the issuance of Law Number 11 Year 2008 on Electronic Information and Transactions (ITE) that was amended to Law Number 19 Year 2016 regarding the Amendment of Law Number 11 Year 2008 regarding Information and Electronic Transactions, many polemics and cases that lead to the pros and cons of the articles in the ITE Law took place. This study examines the classification of an offense of criminal act of contempt committed through electronic information media of and reveals the legal standing for such kind a criminal act. This study was conducted using normative method through analysis of legal interpretation and descriptive analysis. Apparently, the results confirm that the element of "contempt and/or defamation" contemplated in Article 27 paragraph (3) of ITE Law refers to Article 310 of the Criminal Code. Criminal acts of contempt committed through electronic information media are offense complaints that should be reported to the authorities by persons who feel that their honor or reputation is insulted or those who are empowered to obtain judicial justice from law.
Copyright Reduction as a Fidusia Warranty Object in Business Principles in Denpasar City Dewa Gede Pradnya Yustiawan; I Wayan Werasmana Sancaya
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.1.1.433.45-51

Abstract

Intellectual Property Rights as part of the legal system are closely related to the business world, especially with industry, trade and investment. With Intellectual Property Rights stimulated the improvement of intellectual works as well as research and development that are able to produce new techniques and technologies, which will excite the business world. Copyright is one part of intellectual property has the largest scope of protected objects, because it includes science, art and literature (art and literary) in which also includes computer programs. Copyright becomes the most important base of the national creative economy and has a strategic role in supporting the nation's development and promoting the general welfare as mandated by the 1945 Constitution of the State of the Republic of Indonesia. In Article 16 paragraph (3) Law Number 28 Year 2014 on Copyright determines that Copyright can be used as an object of fiduciary guarantee. In paragraph (4) it is determined that Copyright as the object of fiduciary guarantee as referred to in paragraph (3) shall be conducted in accordance with the provisions of applicable laws and regulations. From the provisions of Article 16 paragraph (3) and paragraph (4) above, Copyright as intangible moving object may be used as loan collateral (bank) by the creator or copyright owner with fiduciary burden and the imposition of the charge shall be based on legislation in banking field. Research on the imposition of Copyright as the object of fiduciary guarantee in banking practice in Denpasar City is done to know its implementation in banking practice. In addition, also to know the constraints faced by the bank if the credit agreement used Copyright as the object of fiduciary guarantee. By knowing that, the specific targets to be achieved in this research are the results can be used by the legislator to design and formulate the legal substance of the new drafting model of legal norms that regulate the guarantee, especially the Copyright as the object of fiduciary guarantee, so that more can guarantee the existence of legal certainty and business certainty for both creditor (bank) and debtor. This research is an empirical legal research and factual approach is done by looking at the real situation in the research area.
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
Legal Protection for Village Credit Institutions as a Financial Business Entity Exploited to Resolve the Bad Credits in the Customary Village of Kerobokan Anak Agung Sagung Laksmi Dewi; Desak Gde Dwi Arini; Ni Made Puspasutari Ujianti
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.2.1.985.41-45

Abstract

The existence of customary rule sanctions in the resolution of the issues of bad credits within village credit institutions in the customary village of Kerobokan has been included as one of banking laws that is legally entitled to receive legal. This research aimed to the positioning of customary law sanctions in resolving bad loans at VCI Kerobokan Customary Village and to know the forms of legal protection for VCI and how are the bad loans of customers from outside the traditional villages in Kerobokan. The method used in this research is normative legal research, namely to conduct library research by reviewing literature and analyzing statutory regulations relating to applicable provisions on VCI. This research found the settlement of the bad credit at the customary village of Kerobokan is manifested into ways. The first through preventive legal efforts, that is to say, the very moment of signing the contracts, the customers are sure to have all their incumbencies. The second is through repressive efforts that must be made on the basis of good faith. The implementation of the civil law is that the form of retribution and customary law from the customary village. Keywords: Bad Credits; Legal Protection; Village Credit Institutions; Village-Owned Enterprises
The Law Principles for Village-Owned Enterprises (BUMDes) Managementin Indonesia to Improve the Village's Economy Sri Winarsi; Agus Widyantoro; Oemar Moechthar
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.1.2.735.130-136

Abstract

Toward the increase in village revenue sources, a post of published Law No. 6/2014 concerning Village, it is confirmed that the village can establish village-owned enterprises (BUMDes) based on family spirit and cooperativeness. Besides, BUMDes can run a business in the field of economic and/or public service in accordance with the provisions of the legislation. BUMDes is established by the village government to utilize all potential economic, institutional, natural, and human resources in order to improve the welfare of the villagers. In fact, implementation of the BUMDes management in some areas is not fully optimized, in many cases the problem is corruption. Therefore, we need a good management or governance practices to improving the livelihoods of the village. The study used statute approach, conceptual approach, and case approach. The conclusions of this study are directed to apply the concepts of strengthening national laws relating to the management of BUMDes in order to strengthen the village's economy in Indonesia and to achieve empowerment of rural community and reduce corruptionthat often occurs and harm the economy of the village.
Legislation and Policies for The Employment of Foreign Worker in Korea Yoon-Choel Choi
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.1.2.671.74-81

Abstract

From the 1990s onwards, labour importation to Korea began with the introduction of industrial trainee system which later faced criticism for human and labour rights violations. From a constitutional perspective, this study aims to critically examine prominent trends of Korea laws, institutions, policies and judicial decision on foreign workers in Korea, especially unskilled workers, and to provide recommendation to remedy the problems discussed. The research method used in this research is normative law research method 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 result of data analysis is presented in the form of informal method by description. The results of this research are unskilled migrant labourers in Korea consist of unskilled workers and working visit migrants. Working visit is granted to those who are overseas Koreans and qualified for conditions stated in the addenda of the enforcement decree of the Immigration Act. Korea abolished the industrial trainee program and adopted “employment permit system” under “the act on foreign workers’ employment, etc.” that came into force on 17 August 2004.
Fair, Democratic and Responsible Policies on the Balance Between Central and Regional Financial Asep Warlan Yusuf
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.1.1.426.7-13

Abstract

Through Law no. 33 of 2004 on Financial Balance between Central and Local Government shall be set up a fair, proportional, democratic, transparent and accountable system of financial distribution. However, the law does not elaborate on the principles of justice, democracy and responsibility. These three principles need to get a more regular, measurable, and measurable legal meaning. In the context of the central-regional fiscal balance policy, the principle of justice manifests in the actions of the central government providing subsidies to each region with a scalable and careful view of the objective conditions of a region, so that in determining the subsidy must be based on considerations acceptable to subsidized area. Democratic principles are realized with the involvement of the community in policy making at the regional level in the form of Provincial/Municipal/Regency Regulations, while the principle of responsibility is manifested through the limitation of government power by legal means. Government power in governance is directed to the implementation of Good Government Governance (GGG).
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.

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