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Sociological Jurisprudence JournalNumber of Followers: 1
 Open Access journal ISSN (Print) 2615-8809 - ISSN (Online) 2615-8795
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- The Protection of Privacy as Part of Human Rights in Indonesia and the US
Law
Authors: Amos Mokoross, I Nyoman Aji Duranegara Payuse
Pages: 1 - 10
Abstract: The right to privacy is the right of every person which is a human right. Protection of privacy rights needs to be protected by the government through the resulting regulations. Protection of privacy rights is imposed on the government because of the duty to protect that must be carried out by the government. The research aim is to decsribe the protection of privacy as part of human rights in Indonesia and the US Law. In this case, the research method state that the authority to form regulations as desired. This is based on the principle of state sovereignity. The political will of a country determines how to protect the privacy rights of its citizens. The result shows that Indonesia and the United States regulate the protection of the privacy rights of their citizens at various levels of legislation. This is done by imposing the protection of privacy rights on state institutions and other entities that obtain the data by various methods. Protection of privacy rights is also carried out by providing space for remedies for people whose rights have been violated by personal data management institutions through a lawsuit mechanism to obtain compensation.
PubDate: 2023-02-01
DOI: 10.22225/scj.6.1.2023.1-10
Issue No: Vol. 6, No. 1 (2023)
- Agrarian Reform and National Land Law Political Policy Provide Legal
Assurance for Investment
Authors: I Made Pria Dharsana, I Nyoman Putu Budiartha, I Made Setiasa
Pages: 11 - 21
Abstract: The provision contained in Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia (UUDNRI) as the initial milestone in the birth of Law No.5 of 1990 concerning Basic Agrarian Regulations or better known as the basic Agrarian Law (UUPA). This research was designed using normative legal analysis with a statutory and conceptual approach. These two approaches are used to develop arguments, especially to answer the legal issues raised in this study. The result shows that The land law itself is a law that regulates the rights to control the land or the surface of the earth. The development of land law politic cannot contradict the essence of state goals that have been regulated in the state goals is regulated in the 1945 Constitution, where Pancasila as the basic norm that gave birth to the preamble provisions in the 1945 Constitution. Speaking about the agrarian reform, according to the national agrarian law, the goal is to make a fair and equitable distribution on the source of the livelihood of farmers in the form of land, so that with the distribution it is hoped that fair and equitable result can be achieved.
PubDate: 2023-02-01
DOI: 10.22225/scj.6.1.2023.11-21
Issue No: Vol. 6, No. 1 (2023)
- Implementing the Authority of the State’s Attorney in Legal Assistance
in Handling Covid-19 in Denpasar City
Authors: I Nyoman Budiana, Leo Liusiana
Pages: 22 - 32
Abstract: The emergence of a disease outbreak, namely Corona Virus Disease 2019 (Covid-19) in most countries in the world, has caused various problems, not only in the health sector but also in the economic, political and socio-cultural fields. This study aims to analyze the attorney’s authority in providing legal assistance and examine various factors that support and hinder the handling of Covid 19 in Denpasar City. The research design used is a normative juridical approach with a statutory law approach, an analytical and conceptual approach and several facts collected from informants as support and qualitative descriptive juridical analysis was used to obtain adequate and accurate results. The result shows that the implementation of legal assistance to policies in the framework of accelerating the handling of Covid 19 and the National Economic Recovery program by the State’s Attorney of Denpasar District Attorney was carried out well and effectively. The factors that support the implementation of the legal assistance are the clarity of the legal basis used by the prosecutor’s office in carrying out its functions and the fast and active response from the applicant, namely some agencies in Denpasar City. While the inhibiting factors include the reporting process provided by the applicant to the attorney’s office is still slow, the limited number of members of the State’s Attorney with authority as public prosecutors must continue to be carried out within the framework of law enforcement.
PubDate: 2023-02-01
DOI: 10.22225/scj.6.1.2023.22-32
Issue No: Vol. 6, No. 1 (2023)
- Aspects of Business Law in Koetara Agama (An Ancient Indonesian Law)
Authors: Ida Bagus Radendra Suastama, Ida Ayu Komang Juniasih
Pages: 33 - 40
Abstract: The Koetara Agama is a Law Book that Indonesia had ever possesed very long time ago. This research aims are exploring and finding the aspects of Business Law (as meant today), in order to see the possibilities to revitalise such traditional (even ancient) norms and values into our current national legal system. This is a qualitative research, which searchs the ideologies or values laid behind certain actions (or certain norms). The result shows that Business Law was regulated comprehensively in Koetara Agama (KA). It can be shown and proven by the looking at all the business fields or business sectors which had been regulated by KA, and also the existence of multidimensional provisions and regulations stipulated in KA. For instances, KA had been regulating the following matters, which include but not limited to : Debt, Loan, Interests Rate, Good Faith, Bad Faith, Property Rights, Torts, Compensations, Employments, Contracts, Business Dispute Resolutions, Sanctions, Fines, and Penalties.
PubDate: 2023-02-01
DOI: 10.22225/scj.6.1.2023.33-40
Issue No: Vol. 6, No. 1 (2023)
- Legal Protection for Victims of Illicit Banks Under the Guise of
Cooperatives Requires Indonesian Government Intervention
Authors: Jety Widjaja, Yuwono Prianto
Pages: 41 - 45
Abstract: Illicit Bank under the guise of a Cooperative is a form of illegal investment in Indonesia. Cooperatives that do not carry out their principles and functions according to the Cooperative Regulation Law no. 25 of 1992, collecting public funds illegally, and ultimately failing to return the funds deposited by its members is an indication of Illicit Bank. The Indosurya Cipta Savings and Loans Cooperative was an illicit bank under the guise of a cooperative that was found as the biggest fraud case in Indonesia, affected 23,000 victims and a loss of 106 trillion rupiahs. KSP Indosurya Cipta was charged with Article 46 Paragraph 1 of Law no. 10 of 1998 concerning Amendments to Law no. 7 of 1992 concerning Banking and Money Laundering. Normative legal research was conducted to analyze the importance of the government's role in providing legal protection for tens of thousands of victims of this illicit bank. After the court decision to refund the victim's deposit funds through the homologation process two years ago failed again, the confiscation of criminal assets (TPPU) of the Founder and two other perpetrators requires certainty and different legal settlements in order to compensate the victims, not only as evidence to punish the perpetrators of the crime. The intervention of the Government of Indonesia and related agencies is important to restore the confidence of the Indonesian people in the existence of the law and the protection of investment in the legality of legal entities such as cooperatives.
PubDate: 2023-02-01
DOI: 10.22225/scj.6.1.2023.41-45
Issue No: Vol. 6, No. 1 (2023)
- The Soul of The State of The Democratic Republic of Timor-Leste
Authors: Lucia de Canossa Silva Hau
Pages: 46 - 49
Abstract: The Constitution of the Democratic Republic of Timor-Leste (RDTL) was born from the womb and soul of the Maubere people which flows in the veins and body of the nation of Timor-Leste through the lyrics and national anthem (Pátria-Pátria) and describes the identity of the ideals of the Maubere homeland. The basic values embodied in the face of the RDTL constitution from the soul of the state are contained in the preamble to the constitution as an embryo for realizing the ideas and notions of the state or staatfundamentalnorm. This anthem is only sung in the Portuguese version and there is no Tetun version, which is one of the national languages of Timor-Leste. So, the law for me, like music for anyone who understands the lyrics will also understand the meaning of the music. Similar to the law that was born from the womb and the soul of the Maubere people which flows in the veins and body of the nation of Timor-Leste through lyrics and national anthem (Pátria-Pátria), which describe the identity of the ideals of the Maubere homeland.
PubDate: 2023-02-01
DOI: 10.22225/scj.6.1.2023.46-49
Issue No: Vol. 6, No. 1 (2023)
- The Imposition of Digital Taxes in E-commerce
Authors: Sari Ramadhanti, Tjip Ismail
Pages: 50 - 55
Abstract: In the business world, information and communication technology offers an advantage in terms of supporting online commercial transactions, also known as Electronic System-Based Trade (E-commerce). Tax is one of the most significant governmental revenues for national development. It aims to increase people's prosperity and welfare, which requires a lot of economic resources. The objectives of this paper is to learn more about the regulations surrounding Digital Tax in e-commerce. This study's research method is a normative research method with a statutory approach. The the result reveal that there is no difference between e-commerce and traditional commerce in terms of the economic advantages provided; the only difference is in the method of completing transactions or the media used to meet sellers and customers. The criteria for Permanent Establishment (BUT) are being expanded with the goal of requiring corporations domiciled abroad to pay income tax even if they do not have a physical office in Indonesia.
PubDate: 2023-02-01
DOI: 10.22225/scj.6.1.2023.50-55
Issue No: Vol. 6, No. 1 (2023)
- The Problem of Legal Protection for Human Rights Activists
Authors: Sulistyowati, Wahyu Nugroho, Umar Ma’ruf
Pages: 56 - 62
Abstract: The Constitution of the Republic of Indonesia of 1945, both in the preamble and torso, has clearly stated the protection of human rights, including human rights activists. This study aims to describe and examine the concept of the 1945 Constitution of the Republic of Indonesia as the Indonesian constitution, which mandates the state to protect human rights activists. The research method used is normative research with a qualitative analysis approach, with data collection carried out through literature studies. The results show that respect, protection, and guarantee of human rights are characteristics of the Indonesian legal state, especially after the amendment. However, because in more detail, the legal protection of human rights activists is only in the National Commission on Human Rights Regulations, not in a law or government regulations, the protection is still weak. Therefore, it cannot fulfill the rights and protect human rights activists as mandated in Article 27 paragraph (1), Article 28 paragraph (1), Article 28I paragraph (1), Article 28J paragraph (1), and article. 28J paragraph (4) of the Constitution of the Republic of Indonesia of 1945.
PubDate: 2023-02-01
DOI: 10.22225/scj.6.1.2023.56-62
Issue No: Vol. 6, No. 1 (2023)
- Legislation That Limits Economic Law Implementation
Authors: Suwinto Johan
Pages: 63 - 68
Abstract: The goal of government intervention is to protect society's interests. The government acts in accordance with prevailing laws and regulations. The goal of economics is to earn as much money as possible. As a result of government intervention, corporate players' incomes will be reduced. The research aim is to examine the impact of government intervention in the form of laws and regulations on economic principle. This study employs a normative legal approach. The result shows that the profit maximization principle, which claims that business actors should maximize profits, does not apply to commodities or important societal requirements. Conditions influence the community's basic requirements. Masks and Covid-19 medications are essential items for the community during the Covid-19 pandemic. The government's intervention must be based on prevailing law and regulations. When it comes to market circumstances, government involvement isn't always effective.
PubDate: 2023-02-01
DOI: 10.22225/scj.6.1.2023.63-68
Issue No: Vol. 6, No. 1 (2023)
- Urgence of Special Education for Commissioners of the Consumer Dispute
Settlement Agency (BPSK)
Authors: Anak Agung Sagung Laksmi Dewi
Pages: 69 - 74
Abstract: Progress in science and technology, including telecommunications and information, have resulted in an increase in the variety and quality of the production of goods and services, including an increase in the space for transactions that cross national boundaries. The aims research is to know what are the methods of problem solving by the Consumer Dispute Settlement Agency and to know what is the urgency of special education for commissioners of the Consumer Dispute Settlement Agency. The result shows that The Consumer Dispute Settlement Agency has the duties and authorities as stipulated in Article 52 UUPK and the Decree of the Minister of Industry and Trade Number 350/MPP/Kep/12/2001, dated December 10, 2001, concerning the Implementation of the Duties and Authorities of the Consumer Dispute Settlement Agency, namely carrying out the handling and settlement of consumer disputes by conciliation, mediation, and arbitration. To support the performance of The Consumer Dispute Settlement Agency members, which consists of three different elements, special education, and training are needed to build the professionalism of The Consumer zDispute Settlement Agency members. Considering that The Consumer Dispute Settlement Agency itself has the scope of authority to resolve consumer disputes using conciliation, mediation, and arbitration, it can support the effectiveness of The Consumer Dispute Settlement Agency 'S performance in resolving issues related to consumer disputes.
PubDate: 2023-02-01
DOI: 10.22225/scj.6.1.2023.69-74
Issue No: Vol. 6, No. 1 (2023)
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