sociology of law
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Al-Qadha ◽  
2021 ◽  
Vol 8 (2) ◽  
pp. 127-143
Author(s):  
Faisal Faisal

There is a phenomenon that occurs in Langsa City regarding the understanding of some Imum Gampong (Village Imams) and some community leaders who argue that in the pronunciation of the ijab-qabul lafadz spoken by the bride's guardian or by the prospective groom, it must be sige tareik nafah. This sige tareik nafah, as said by Tengku imum gampong (village priest), is very burdensome for the prospective groom or guardian, because in addition to the long sentences, nervousness becomes an obstacle and interferes with concentration in pronouncing consent, so many feel afraid before the implementation of the marriage contract, such rules or customs seem too excessive. This article uses the sociology of law theory. The results of the study show that the scholars of Langsa City in this matter are a habit or custom that develops in society, so that the gampong priests understand it as a legal stipulation, then in pronouncing the ijab-qabul it must be with sige tareik nafah, otherwise the marriage is invalid. . Then this sige tareik nafah is an addition to the understanding of the village priest about the prohibition of fashl in pronouncing the ijab-qabul and the qabul-qabul must be in one assembly.


2021 ◽  
pp. 835-843
Author(s):  
Aleksei Kosykh

Introduction: formation of legal norms and their transformation, creation of the legal system, specialization and sectoral differentiation of legal norms indicate constant qualitative, intellectually grounded development of law. In the article the author analyzes basic concepts of understanding law (natural, historical, psychological, normative, Marxist, of anthropological approach) in order to determine the essence (nature) of law. The study of essential foundations of law is a fundamental task not only for the theory of law and state, but also for other sciences (philosophy of law, sociology of law, history of legal doctrines). The purpose of the work is to study an intellectual nature of law on the basis of analysis of various concepts of understanding law. Methods: the author’s key conclusions and findings are based on the use of materialistic dialectics in comparative legal, sociological and historical methods. Discussions: it is noteworthy that in each concept of understanding law, intelligence (mind, reason, common sense) is considered by scientists as an integral element of the process of legal education. Conclusions: taking into account the stated above, the author proposes to consider law within the framework of an anthropological approach as a result of human intellectual activity not only by its origin, but also by its essential basis, its nature. The author puts forward the thesis that law is the result of intelligence-based thinking activity of a person and suggests the author’s definition of law.


2021 ◽  
Vol 2 (3) ◽  
pp. 484-489
Author(s):  
I Putu Yogi Saputra ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspasutari Ujianti

Termination of employment during the covid-19 pandemic is a step that must be taken by PT. Astra International Tbk-Honda in order to avoid more severe losses, the legal protection provided to debtor workers who have been laid off during the Covid-19 pandemic has been regulated in Law No. 13 of 2003 concerning Manpower which aims to guarantee all basic rights of workers and guarantee equality and treatment without discrimination on any basis to realize the welfare of workers, especially for workers who have been terminated. The purposes of this research are to reveal the form of legal protection for debtor workers who experience Termination of Employment (PHK) during the Covid-19 pandemic and to study the implications of the government in protecting debtors who experience Termination of Employment (PHK) due to Covid-19. This study uses empirical legal research with a sociology of law approach. The sources of law used are primary and secondary. The techniques for collecting legal materials are recording, summarizing, and quoting techniques and the data that has been collected is then used qualitative analysis techniques. The results of the study reveal that the legal protection provided by the government to workers who have been terminated is by issuing policies in the form of a pre-employment card program and stimulus assistance intended for people who have not worked and workers who have been laid off. The implications of the pre-employment card program policy and stimulus assistance issued by the government were greatly appreciated by one of the workers of PT. Astra International Tbk-Honda who experienced termination of employment, the benefits of the pre-employment card program policy and stimulus assistance were felt to be very helpful in developing the business he had just started.


Author(s):  
Hanna Duszka-Jakimko

Abstract The purpose of this article is to point to trust as a value serving the coexistence of international community cooperation, as well as the elimination of global threats in public international law. The article presents selected approaches and typology of trust adopted in social sciences (with particular emphasis on the sociology of law as an auxiliary science of jurisprudence), their reference to the understanding and meaning of trust in public international law, as well as consequences in the form of shaping the quality and content of legislative solutions and practice of acting in the international arena. As a result of the conducted analyses, trust in international law can be considered in three ways: first, as trust in the binding rule established by the subjects of international law; second, as a value expressed by the axiology of international law and principles of institutional significance; third, as a requirement of effective practice that exemplifies the theoretical and axiological assumptions of law.


2021 ◽  
Vol 6 (2) ◽  
pp. 149-166
Author(s):  
Abidin Nurdin ◽  
Muslim Zainuddin ◽  
Salman Abdul Muthalib ◽  
Fakhrurrazi Fakhrurrazi

This study aims to discuss the implementation of Islamic law in Aceh, especially regarding the role of border preachers in Aceh Tamiang District, Aceh Province. This research is a study of the sociology of law or empirical law that discusses the law in reality or the reality in people's lives. There are two data collection techniques used, namely literature review and in-depth interviews. This study concludes that the border preacher is a program of the Islamic Shari'ah Service which aims to support the implementation of Islamic law in border areas and remote areas in Aceh. Namely in the regions, Singkil, South Aceh, Subulussalam, Simeulu, Southeast Aceh, and Aceh Tamiang. Especially in Aceh Tamiang, the border preacher has carried out his duties and functions well, namely carrying out religious recitation activities, recitation of al-Qur’an education park, strengthen aqidah and maintaining religious harmony in society. Thus, in the context of the sociology of Islamic law applied in Aceh, it has a positive impact on the community in the sense that people are religiously obedient, their religious knowledge increases, strong aqidah and religious life becomes harmonious.


2021 ◽  
Vol 3 (2) ◽  
pp. 251-256
Author(s):  
Abraham Abraham

sociology of law examines why humans obey the law and why it fails to obey the law and the social factors that influence it. as a relatively new branch of sociology, the science of legal sociology was developed to explain the interrelationships of patterns of behavior and law that cannot yet be explained by other branches of social science.


2021 ◽  
pp. 1-35
Author(s):  
Andrea Kretschmann

Abstract The state of research on legal compliance in socio-legal studies is limited and partially outdated. Like theories on coercion, recognition, or legitimacy, notions around compliance with the law appear plausible in themselves. However, each of them hold only part of the explanation and yet they cannot be reconciled due to theoretical incompatibilities. Legal sociologists therefore speak of a theory gap regarding legal compliance. The following article takes on this research desideratum and attempts to formulate an alternative concept of legal compliance based on an entirely new terminology without, however, completely renouncing the previous findings of legal sociology. Relying on the above-mentioned theory gap alongside the introduction of this new terminology, I argue that it is possible to analyze legal compliance while heuristically integrating all previous theoretical concepts of its. As a starting point, the article draws on Bourdieu’s fragmentary sociology of law and, by extending it, proposes a larger practice and field-theory-based interpretation of compliance.


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