Pub Date : 2021-09-06DOI: 10.22225/scj.4.2.2021.99-104
Rehna Gul, Abdallah Mohamed Othman El Nofely
The field of law is as old as the human civilization. In the ancient Holy Scriptures the laws of humans, God made Laws, laws of nature, cultural laws, trade laws etc. have been discussed around the world. Even in the stone ages humans were following certain principles and laws which were the basis of law. The sense of right and wrong, truth and lie, positive and negative and so on is something engraved in the humans. Although there is another aspect that some humans consider the wrong as right and right as wrong. There have been different eras in which the scholars of law have made their valuable contributions in their respective societies and communities. The scholars of law are widely known as jurists of law and their contribution has evolved the philosophy of law which is called the Jurisprudence of law. The world in which we are living has laws which have basis from the contributions of renowned scholars of law from different cultures and parts of the world. This article touches the historical perspective, present scenario and future of law. Especially the use of technology in law has brought a revolutionary change in recent decades. The computers, cell phones, social media, internet as a whole, Google play store applications, laptops, i pods and various other devices have made significant changes in old practices and present day practices in the field of law. The judges, law teachers, professors, lawyers, litigants and all persons associated with them are taking immaculate advantage of technology in the field of law. The research methods and techniques have been made simple. This is a fast world in which we are living. No one has time for anything in this era. With the use of technology many time consuming activities can be performed in minutes and seconds in this era. We are heading in a direction of more human friendly and time saving environment. Although humans in different parts of the world have different cultures, norms, ethics, eating habits, religions, physical appearances and opinions but there are certain norms and international practices which are widely accepted around the world. Probably the future of law cannot be predicted at this moment of time because sometimes what the eyes see cannot be spoken rather it can only be seen with the passage of time.
{"title":"The Future Of Law From The Jurisprudence Perspective For Example: The Influence Of Science & Technology To Law, AI Law","authors":"Rehna Gul, Abdallah Mohamed Othman El Nofely","doi":"10.22225/scj.4.2.2021.99-104","DOIUrl":"https://doi.org/10.22225/scj.4.2.2021.99-104","url":null,"abstract":"The field of law is as old as the human civilization. In the ancient Holy Scriptures the laws of humans, God made Laws, laws of nature, cultural laws, trade laws etc. have been discussed around the world. Even in the stone ages humans were following certain principles and laws which were the basis of law. The sense of right and wrong, truth and lie, positive and negative and so on is something engraved in the humans. Although there is another aspect that some humans consider the wrong as right and right as wrong. There have been different eras in which the scholars of law have made their valuable contributions in their respective societies and communities. The scholars of law are widely known as jurists of law and their contribution has evolved the philosophy of law which is called the Jurisprudence of law. The world in which we are living has laws which have basis from the contributions of renowned scholars of law from different cultures and parts of the world. This article touches the historical perspective, present scenario and future of law. Especially the use of technology in law has brought a revolutionary change in recent decades. The computers, cell phones, social media, internet as a whole, Google play store applications, laptops, i pods and various other devices have made significant changes in old practices and present day practices in the field of law. The judges, law teachers, professors, lawyers, litigants and all persons associated with them are taking immaculate advantage of technology in the field of law. The research methods and techniques have been made simple. This is a fast world in which we are living. No one has time for anything in this era. With the use of technology many time consuming activities can be performed in minutes and seconds in this era. We are heading in a direction of more human friendly and time saving environment. Although humans in different parts of the world have different cultures, norms, ethics, eating habits, religions, physical appearances and opinions but there are certain norms and international practices which are widely accepted around the world. Probably the future of law cannot be predicted at this moment of time because sometimes what the eyes see cannot be spoken rather it can only be seen with the passage of time. \u0000 ","PeriodicalId":33173,"journal":{"name":"Sociological Jurisprudence Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43165028","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-06DOI: 10.22225/scj.4.2.2021.114-121
Abdallah Mohamed Othman El Nofely, Rehna Gul
Foreign direct investment (FDI) plays a crucial role in the economic sector, particularly in developing countries. BIT lays down instrumental principles which help to protect investors’ establishments in host states, by inter alia encouraging prompt compensation in case of expropriation. Governments need FDIs to gear up their economic growth, advance technology, and scale down unemployment. Most scholarly writings are in favor that BIT is a necessary tool for promoting FDIs, however this study takes a different approach and categorically unveils the draw backs of BIT in developing countries by highlighting some of the contentious provisions that have sparked unprecedented legal, economic, sociopolitical and diplomatic strife between the host countries, investors and investors’ home countries. Therefore, the author proposes development for regional Model BITs that would go in line with national laws to curtail the persisting sovereignty and socio-economic challenges.
{"title":"Regional Model Bit’s : A New Down For the Developing Countries","authors":"Abdallah Mohamed Othman El Nofely, Rehna Gul","doi":"10.22225/scj.4.2.2021.114-121","DOIUrl":"https://doi.org/10.22225/scj.4.2.2021.114-121","url":null,"abstract":"Foreign direct investment (FDI) plays a crucial role in the economic sector, particularly in developing countries. BIT lays down instrumental principles which help to protect investors’ establishments in host states, by inter alia encouraging prompt compensation in case of expropriation. Governments need FDIs to gear up their economic growth, advance technology, and scale down unemployment. Most scholarly writings are in favor that BIT is a necessary tool for promoting FDIs, however this study takes a different approach and categorically unveils the draw backs of BIT in developing countries by highlighting some of the contentious provisions that have sparked unprecedented legal, economic, sociopolitical and diplomatic strife between the host countries, investors and investors’ home countries. Therefore, the author proposes development for regional Model BITs that would go in line with national laws to curtail the persisting sovereignty and socio-economic challenges.","PeriodicalId":33173,"journal":{"name":"Sociological Jurisprudence Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45701426","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-06DOI: 10.22225/scj.4.2.2021.93-98
I. M. Sudarsana, Agung Adi, I. G. W. Kusuma
This article aims to explore as well as explain the causes and implications of the reconstruction of the Mabuug-Buugan tradition in the Kedonganan Traditional Village. Mebuug –Buugan is one of the important traditions in the celebration of Nyepi which is owned by the Kedonganan Indigenous people. But over time, this tradition has not been implemented for approximately 60 years, based on information, the last Mabuug-Buugan was carried out in 1965. In that period until 2012, the stories and practices of Mabuug-Buugan were almost inaudible, especially when they were practiced. In the era of 2014, the practice of mabuug-buugan was reconstructed with various forms of discourse as an effort to revitalize the local wisdom of the indigenous people of Kedonganan. This research uses a descriptive approach, the theory as a basis is semiotics. Data were collected using observation techniques, in-depth interviews and documentation. Data analysis using interactive models and data triangulation. Based on the analysis carried out, there are several causes for the reconstruction carried out, namely; a) the problem of the identity of the cultural traditions of the Kedonganan Indigenous people; b) environmental issues; c) tourism modernization. Meanwhile, the implications of the reconstruction of the Mabuug-Buugan tradition are; a) myth renewal: from games to Nyepi theology and philosophy; b) The occurrence of mangrove environmental preservation; c) annual tourism attractions.
{"title":"Reconstruction of Mebuug-Buugan Tradition as Revitalization of Local Wisdom in Kedonganan Traditional Village, Kuta District, Badung Regency","authors":"I. M. Sudarsana, Agung Adi, I. G. W. Kusuma","doi":"10.22225/scj.4.2.2021.93-98","DOIUrl":"https://doi.org/10.22225/scj.4.2.2021.93-98","url":null,"abstract":"This article aims to explore as well as explain the causes and implications of the reconstruction of the Mabuug-Buugan tradition in the Kedonganan Traditional Village. Mebuug –Buugan is one of the important traditions in the celebration of Nyepi which is owned by the Kedonganan Indigenous people. But over time, this tradition has not been implemented for approximately 60 years, based on information, the last Mabuug-Buugan was carried out in 1965. In that period until 2012, the stories and practices of Mabuug-Buugan were almost inaudible, especially when they were practiced. In the era of 2014, the practice of mabuug-buugan was reconstructed with various forms of discourse as an effort to revitalize the local wisdom of the indigenous people of Kedonganan. This research uses a descriptive approach, the theory as a basis is semiotics. Data were collected using observation techniques, in-depth interviews and documentation. Data analysis using interactive models and data triangulation. Based on the analysis carried out, there are several causes for the reconstruction carried out, namely; a) the problem of the identity of the cultural traditions of the Kedonganan Indigenous people; b) environmental issues; c) tourism modernization. Meanwhile, the implications of the reconstruction of the Mabuug-Buugan tradition are; a) myth renewal: from games to Nyepi theology and philosophy; b) The occurrence of mangrove environmental preservation; c) annual tourism attractions. \u0000 ","PeriodicalId":33173,"journal":{"name":"Sociological Jurisprudence Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44179583","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-06DOI: 10.22225/scj.4.2.2021.145-152
I. N. A. Puspadma
Credit delivery by the bank requires the debtor to pay the obligations that have been scheduled in the credit agreement, but it will not always work well, sometimes because of something and other things there are also debtors who can not fulfill the obligations that have been promised so that credit problems occur. Non-performing loans also cause problems for banks, because they can make banks collapse. Thus the question arises, how to avoid the occurrence of problem loans and if it occurs, how is the solution?.
{"title":"Non-Performing Loan and How to Solve It","authors":"I. N. A. Puspadma","doi":"10.22225/scj.4.2.2021.145-152","DOIUrl":"https://doi.org/10.22225/scj.4.2.2021.145-152","url":null,"abstract":"Credit delivery by the bank requires the debtor to pay the obligations that have been scheduled in the credit agreement, but it will not always work well, sometimes because of something and other things there are also debtors who can not fulfill the obligations that have been promised so that credit problems occur. Non-performing loans also cause problems for banks, because they can make banks collapse. Thus the question arises, how to avoid the occurrence of problem loans and if it occurs, how is the solution?. \u0000 ","PeriodicalId":33173,"journal":{"name":"Sociological Jurisprudence Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48372460","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-06DOI: 10.22225/scj.4.2.2021.129-133
A. Samosir, A. A. S. L. Dewi
Drug crimes are a serious crime against humanity, which has a tremendous impact, particularly on the young generation. Drug crimes also count as transnational crime, considering that the distribution and trade of drugs are executed illegally across national borders. As a legal state, to uphold the rule of law is to eradicate the distribution and use of narcotics, specifically in Lubuklinggau. This situation became the basis for us to explore the problem: how is the criminology study of drug distribution in Lubuklingau city?. The prevention of drug distribution in Lubuklinggau today needs improvement, particularly in terms of facilities. Advanced detection tool is necessary to improve the prevention of drug trafficking. Professional guidance and prevention efforts are made in various locations, such as government offices, schools, campuses, with supervision from police officers. The enforcement system also needs to give severe punishments to offenders.
{"title":"Criminological Study of Drug Distribution in Lubuklinggau City","authors":"A. Samosir, A. A. S. L. Dewi","doi":"10.22225/scj.4.2.2021.129-133","DOIUrl":"https://doi.org/10.22225/scj.4.2.2021.129-133","url":null,"abstract":"Drug crimes are a serious crime against humanity, which has a tremendous impact, particularly on the young generation. Drug crimes also count as transnational crime, considering that the distribution and trade of drugs are executed illegally across national borders. As a legal state, to uphold the rule of law is to eradicate the distribution and use of narcotics, specifically in Lubuklinggau. This situation became the basis for us to explore the problem: how is the criminology study of drug distribution in Lubuklingau city?. The prevention of drug distribution in Lubuklinggau today needs improvement, particularly in terms of facilities. Advanced detection tool is necessary to improve the prevention of drug trafficking. Professional guidance and prevention efforts are made in various locations, such as government offices, schools, campuses, with supervision from police officers. The enforcement system also needs to give severe punishments to offenders. \u0000 ","PeriodicalId":33173,"journal":{"name":"Sociological Jurisprudence Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42969201","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-06DOI: 10.22225/scj.4.2.2021.105-113
F. P. Kalalo
Human rights and the environment are interconnected and mutually reinforcing. The concern of a group of people for the environment is not enough because changes in an environment have an impact not only locally, but often globally. Therefore it can be said that in countries where there are many violations of human rights, environmental damage often occurs. What happened then was that the human right to have a healthy life (the right to a healthy environment) was violated or sidelined. In addition, development that is not controlled can result in human rights being violated. Regulations regarding human rights are not entirely related to environmental protection. However, if you pay attention, there are several articles in some of these provisions that can be used as a legal basis for taking various actions aimed at protecting the environment. On the other hand, regulation of environmental protection at the same time means respect for human rights, especially with regard to issues of the right to life, health problems, disturbance of their property to respect for indigenous peoples' rights.
{"title":"Human Rights and Global Environment","authors":"F. P. Kalalo","doi":"10.22225/scj.4.2.2021.105-113","DOIUrl":"https://doi.org/10.22225/scj.4.2.2021.105-113","url":null,"abstract":"Human rights and the environment are interconnected and mutually reinforcing. The concern of a group of people for the environment is not enough because changes in an environment have an impact not only locally, but often globally. Therefore it can be said that in countries where there are many violations of human rights, environmental damage often occurs. What happened then was that the human right to have a healthy life (the right to a healthy environment) was violated or sidelined. In addition, development that is not controlled can result in human rights being violated. Regulations regarding human rights are not entirely related to environmental protection. However, if you pay attention, there are several articles in some of these provisions that can be used as a legal basis for taking various actions aimed at protecting the environment. On the other hand, regulation of environmental protection at the same time means respect for human rights, especially with regard to issues of the right to life, health problems, disturbance of their property to respect for indigenous peoples' rights.","PeriodicalId":33173,"journal":{"name":"Sociological Jurisprudence Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44700314","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-06DOI: 10.22225/scj.4.2.2021.134-144
B. Hartono, I. K. Seregig, Budi Wibowo
Hoax and Hate Speech are cyber-crimes that are closely related to ideological, political and religious issues. In Indonesia, just before the 2019 Presidential Election, this crime is very common, mainly used to attack political opponents. In this study, we provide several samples of Hoax and Hate Speech crimes, namely those with ideological, political and religious nuances. We consider these three crime samples to be sufficient to illustrate that Hoax and Hate Speech greatly influence the stability of domestic security. Based on the results of research conducted at the Directorate of Cyber Crime Enforcement of the Indonesian Police Criminal Investigation Agency, we can conclude that the strategic steps that must be taken to tackle Hoax and Hate Speech are Preventive Efforts in the form of Cyber Patrol, Hoax labeling, analyzing media opinion trends, dissemination positive news through text media, clarification and public information, security carried out by cover names, cover jobs, and cover stories, and countermeasures. Then, to provide a deterrent effect to the community, repressive efforts through law enforcement activities must be carried out including investigations by means of the Cyber Patrol to find cyber-crime, providing technical assistance and tactical investigations, investigating units in the region in order to uncover networks of cyber perpetrators, providing assistance in examining digital evidence, and cooperating by exchanging information for the purpose of researching and investigating cyber-crime. With the coping methods described above, especially inter-regional police cooperation that is centrally controlled by maximizing technology, the Indonesian police are able to uncover and dismantle networks of cyber-crime perpetrators that occur in Indonesia such as hoaxes, hate speeches and terrorism.
{"title":"Strategies in Countering Hoax and Hate Speech in Indonesia","authors":"B. Hartono, I. K. Seregig, Budi Wibowo","doi":"10.22225/scj.4.2.2021.134-144","DOIUrl":"https://doi.org/10.22225/scj.4.2.2021.134-144","url":null,"abstract":"Hoax and Hate Speech are cyber-crimes that are closely related to ideological, political and religious issues. In Indonesia, just before the 2019 Presidential Election, this crime is very common, mainly used to attack political opponents. In this study, we provide several samples of Hoax and Hate Speech crimes, namely those with ideological, political and religious nuances. We consider these three crime samples to be sufficient to illustrate that Hoax and Hate Speech greatly influence the stability of domestic security. Based on the results of research conducted at the Directorate of Cyber Crime Enforcement of the Indonesian Police Criminal Investigation Agency, we can conclude that the strategic steps that must be taken to tackle Hoax and Hate Speech are Preventive Efforts in the form of Cyber Patrol, Hoax labeling, analyzing media opinion trends, dissemination positive news through text media, clarification and public information, security carried out by cover names, cover jobs, and cover stories, and countermeasures. Then, to provide a deterrent effect to the community, repressive efforts through law enforcement activities must be carried out including investigations by means of the Cyber Patrol to find cyber-crime, providing technical assistance and tactical investigations, investigating units in the region in order to uncover networks of cyber perpetrators, providing assistance in examining digital evidence, and cooperating by exchanging information for the purpose of researching and investigating cyber-crime. With the coping methods described above, especially inter-regional police cooperation that is centrally controlled by maximizing technology, the Indonesian police are able to uncover and dismantle networks of cyber-crime perpetrators that occur in Indonesia such as hoaxes, hate speeches and terrorism.","PeriodicalId":33173,"journal":{"name":"Sociological Jurisprudence Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46344536","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-06DOI: 10.22225/scj.4.2.2021.86-92
Desak Gede Dwi Arini, Diah Gayatri Sudibya, Nikita Karma
The regulation of technology transfer to Multinational Companies (PMN) to date still pays attention to the provisions of the Law of the Republic of Indonesia No. 25 of 2007 on Investment, especially Article 2 paragraph 1, in addition to Indonesia has also adjusted the provisions of national laws in the field of economy/trade with the provisions of GATT and WTO that hav been ratified through the Law of the Republic of Indonesia Number 7 of 1994, including adjustments to the provisions of the field of intellectual property rights (IPR) contained in the TRIPs, such as the Law of the Republic of Indonesia No. 14 of 2001 on Patents, The Law of the Republic of Indonesia No. 15 of 2001 on Brands, and the Law of the Republic of Indonesia No. 19 of 2002 on Copyright, and others covered as objects of intellectual property rights (IPR). The role of multinational companies (PMN) in the transfer of technology can be mentioned, among others: As a holding company that can be used for media, containers, information exchange, technology between countries in the international community which is further used, and useful for Indonesia; As a place for investment in order to obtain benefits for Indonesia; and As a place for the application of new technologies to be useful more efficiently and effectively benefit Indonesia, in addition to improving international economic trade.
{"title":"Technology Transfer Agreement of Multinational Companies in The Framework of Investment Development","authors":"Desak Gede Dwi Arini, Diah Gayatri Sudibya, Nikita Karma","doi":"10.22225/scj.4.2.2021.86-92","DOIUrl":"https://doi.org/10.22225/scj.4.2.2021.86-92","url":null,"abstract":"The regulation of technology transfer to Multinational Companies (PMN) to date still pays attention to the provisions of the Law of the Republic of Indonesia No. 25 of 2007 on Investment, especially Article 2 paragraph 1, in addition to Indonesia has also adjusted the provisions of national laws in the field of economy/trade with the provisions of GATT and WTO that hav been ratified through the Law of the Republic of Indonesia Number 7 of 1994, including adjustments to the provisions of the field of intellectual property rights (IPR) contained in the TRIPs, such as the Law of the Republic of Indonesia No. 14 of 2001 on Patents, The Law of the Republic of Indonesia No. 15 of 2001 on Brands, and the Law of the Republic of Indonesia No. 19 of 2002 on Copyright, and others covered as objects of intellectual property rights (IPR). The role of multinational companies (PMN) in the transfer of technology can be mentioned, among others: As a holding company that can be used for media, containers, information exchange, technology between countries in the international community which is further used, and useful for Indonesia; As a place for investment in order to obtain benefits for Indonesia; and As a place for the application of new technologies to be useful more efficiently and effectively benefit Indonesia, in addition to improving international economic trade. \u0000 ","PeriodicalId":33173,"journal":{"name":"Sociological Jurisprudence Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44200788","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-06DOI: 10.22225/scj.4.2.2021.122-128
Ni Made Umi Kartika Dewi
In Bali Province, there are various kinds of unique traditions that have been preserved from the past until now, one of which is the Ngerampag Tradition which is found in the Subagan Traditional Village, Karangasem Regency, Bali. However, in its implementation, this tradition has received complaints from some migrant communities who live in the Subagan Adat Village area, because this tradition takes natural products and pets without the knowledge and permission of the owner. The formulation of the problem in this research is how the implementation of the Ngerampag Tradition in the Subagan Traditional Village in the perspective of criminal law and how are the sanctions for people in the Subagan Traditional Village who commit the Ngerampag Tradition whose actions are considered contrary to criminal law in Indonesia. The method used in this research is empirical legal research method, namely a research method through interviews conducted through direct observation. The implementation of the Ngerampag Tradition in the Subagan Traditional Village is basically an activity that violates the law because in its implementation it takes the natural contents of residents other than those mentioned in awig-awig without the permission or the knowledge of the owner. These activities are expressly prohibited in the positive law (KUHP) Articles 362-367 concerning theft. So that in its implementation the Ngerampag Tradition sometimes creates misunderstandings, especially for immigrants who live in the Subagan Village area. However, the problem did not go to court, because the customary village side resolved this problem by means of mediation.
{"title":"The Tradition of Ngerampag Traditional Village of Subagan Karangasem Bali in Criminal Law Perspective","authors":"Ni Made Umi Kartika Dewi","doi":"10.22225/scj.4.2.2021.122-128","DOIUrl":"https://doi.org/10.22225/scj.4.2.2021.122-128","url":null,"abstract":"In Bali Province, there are various kinds of unique traditions that have been preserved from the past until now, one of which is the Ngerampag Tradition which is found in the Subagan Traditional Village, Karangasem Regency, Bali. However, in its implementation, this tradition has received complaints from some migrant communities who live in the Subagan Adat Village area, because this tradition takes natural products and pets without the knowledge and permission of the owner. The formulation of the problem in this research is how the implementation of the Ngerampag Tradition in the Subagan Traditional Village in the perspective of criminal law and how are the sanctions for people in the Subagan Traditional Village who commit the Ngerampag Tradition whose actions are considered contrary to criminal law in Indonesia. The method used in this research is empirical legal research method, namely a research method through interviews conducted through direct observation. The implementation of the Ngerampag Tradition in the Subagan Traditional Village is basically an activity that violates the law because in its implementation it takes the natural contents of residents other than those mentioned in awig-awig without the permission or the knowledge of the owner. These activities are expressly prohibited in the positive law (KUHP) Articles 362-367 concerning theft. So that in its implementation the Ngerampag Tradition sometimes creates misunderstandings, especially for immigrants who live in the Subagan Village area. However, the problem did not go to court, because the customary village side resolved this problem by means of mediation.","PeriodicalId":33173,"journal":{"name":"Sociological Jurisprudence Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46940524","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-06DOI: 10.22225/scj.4.2.2021.75-85
I. Budiana, Made Oka Cahyadi Wiguna
This article wants to understand and analyze the phenomenon of Balinese customary life arrangements related to changes in marital procedures. To be able to produce accurate findings, social phenomena are examined in detail and in-depth through qualitative research, with a phenomenological paradigm. With this paradigm the results are obtained in the form of empirical data and in-depth understanding relating to variations in categories, properties, and attributes related to the changing phenomena of cultural traditions and adat ngerorod marriage. In detail the findings generated that in social reality, the indigenous Balinese have constructed changes in the pattern of marriage from the way of ngerorod or selarian (running together) to switch to the memadik or propose, because the pattern of memadik or ask is seen to better reflect equality and justice in society. The rationale that drives is the existence of a reaction to discriminatory customary norms; innovative faith-based constructive thinking; increasing the level of education and parental-bilateral kinship thinking. Memadik marriage by means of marriage or marriage, implies a marriage as a result of the construction of modern society.
{"title":"Researching Social Change in Bali Indigenous Marriage Private","authors":"I. Budiana, Made Oka Cahyadi Wiguna","doi":"10.22225/scj.4.2.2021.75-85","DOIUrl":"https://doi.org/10.22225/scj.4.2.2021.75-85","url":null,"abstract":"This article wants to understand and analyze the phenomenon of Balinese customary life arrangements related to changes in marital procedures. To be able to produce accurate findings, social phenomena are examined in detail and in-depth through qualitative research, with a phenomenological paradigm. With this paradigm the results are obtained in the form of empirical data and in-depth understanding relating to variations in categories, properties, and attributes related to the changing phenomena of cultural traditions and adat ngerorod marriage. In detail the findings generated that in social reality, the indigenous Balinese have constructed changes in the pattern of marriage from the way of ngerorod or selarian (running together) to switch to the memadik or propose, because the pattern of memadik or ask is seen to better reflect equality and justice in society. The rationale that drives is the existence of a reaction to discriminatory customary norms; innovative faith-based constructive thinking; increasing the level of education and parental-bilateral kinship thinking. Memadik marriage by means of marriage or marriage, implies a marriage as a result of the construction of modern society. \u0000 ","PeriodicalId":33173,"journal":{"name":"Sociological Jurisprudence Journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42338370","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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