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SIGn Jurnal Hukum
Published by CV. Social Politic Genius
ISSN : 26858614     EISSN : 26858606     DOI : https://doi.org/10.37276/sjh.v4i1
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
SIGn Jurnal Hukum adalah publikasi ilmiah yang terbit setiap bulan Maret dan September. Menggunakan sistem peer-review untuk publikasi artikel. SIGn Jurnal Hukum menerima artikel penelitian baik studi empiris maupun studi dogtrinal dan relevan dengan bidang Hukum, dengan syarat belum pernah dipublikasikan sebelumnya di tempat lain.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 17 Documents
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Search results for , issue "Vol 5 No 1: April - September 2023" : 17 Documents clear
Dewan Perwakilan Daerah dalam Sistem Ketatanegaraan Indonesian: Studi Sistem Bikameral Raden Siti Rachmah Wardani
SIGn Jurnal Hukum Vol 5 No 1: April - September 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v5i1.228

Abstract

This study aims to examine and analyze the authority of the DPD in the law-forming process based on the bicameral system. This study uses normative legal research with the statute and comparative approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that the DPD members possess strong political legitimacy, because members of both chambers within the legislative branch are elected through the electoral process in Indonesia. However, no provision in the legislation grants the DPD a legislative function. Instead, the DPD holds limited authority in the law-forming process, only able to propose, participate in discussions, and provide considerations to the DPR over draft laws. In comparison, Indonesia’s DPD has significantly more limited authority than senates in other countries with bicameral systems. Additionally, several perspectives, paradigms, and differentiating factors help explain the reasons and objectives behind implementing bicameral systems. Therefore, it is recommended that stakeholders understand the various perspectives, paradigms, and differentiating factors that explain the reasons and objectives behind implementing bicameral systems in other countries. This understanding aims to enhance the authority of the DPD as a legislative power within the Indonesian state governance system. This understanding can also serve as a consideration for stakeholders in amending the 1945 Constitution, Law Number 17 of 2014, and Law Number 12 of 2011. In this context, the legislative function in a bicameral system refers to forming and ratifying laws by both chambers within the legislative branch. Consequently, Indonesia’s bicameral system can become more effective, responsive, and inclusive, ultimately promoting a more democratic and stable state governance system in the future.
Peredaran Produk Kedaluwarsa dalam Parsel: Kajian Perlindungan Konsumen Tahshinatus Salamah; Retno Catur Kusuma Dewi
SIGn Jurnal Hukum Vol 5 No 1: April - September 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v5i1.261

Abstract

This study aims to examine and analyze the principles and legal forms of consumer protection against the circulation of expired products in parcels. This study uses normative legal research with the statute and comparative approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that the principles of consumer protection laws have become the primary focus of the global community. Furthermore, the principles and legal forms of consumer protection against the circulation of expired products in parcels encompass comprehensive policy-making, dispute resolution systems, information transparency, and consumer privacy protection. In addition, enhancing consumers’ knowledge, skills, and self-confidence in utilizing their rights to obtain compensation is a priority. Compliance by businesses with laws and responsive business practices also constitutes the principles and legal forms of consumer protection. Therefore, it is recommended that governments increase supervision against the circulation of expired products through stricter regulations and effective law enforcement while providing support for vulnerable and disadvantaged consumers. Businesses must ensure compliance with laws, regulations, and international consumer protection standards and implement clear and accessible product return, compensation, and replacement policies. Society, including consumers, must actively advocate and acquire the knowledge and skills to identify and avoid expired products in parcels. Finally, the collaboration between universities, businesses, and governments in researching and developing consumer protection policies related to expired products in parcels should be enhanced to generate innovative and effective solutions in the future.
Inkonsistensi Definisi Nelayan Kecil dalam Kerangka Hukum Indonesia: Studi Perbandingan Peraturan Perundang-Undangan Muhammad Rinaldy Bima
SIGn Jurnal Hukum Vol 5 No 1: April - September 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v5i1.259

Abstract

This study aims to examine and analyze the norm conflict regarding the definition of small fishermen in legislation at the same hierarchical level. This study uses normative legal research with the statute, conceptual, and comparative approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that there is a conflict of norms between Law Number 45 of 2009 with Law Number 7 of 2016 in defining small fishermen. Law Number 45 of 2009 refers to fishermen with a maximum vessel size of 5 GT, while Law Number 7 of 2016 refers to fishermen who use their own or others’ vessels with a maximum size of 10 GT. On the other hand, GT is a unit of measure agreed upon as the provisions of the Convention on the International Tonnage Measurement of 1969 in determining the vessel category. To eliminate norm conflict concerning the definition of small fishermen, the Government enacted the GR in Lieu of Law Number 2 of 2022. Fatally, GR in Lieu of Law Number 2 of 2022 raises ambiguity which shows the definition of small fishermen is increasingly unclear. Therefore, it is recommended that the House of Representatives initiate amendments to Law Number 7 of 2016 and GR in Lieu of Law Number 2 of 2022. These amendments must accommodate a more specific indicator regarding vessel size, aligned with the provisions in Law Number 45 of 2009. These steps are expected to create greater legal clarity and certainty for small fishermen and provide improved guidance for all stakeholders in the maritime and fisheries sector.
Dinamika Konflik dan Penyelesaian Sengketa dalam Perjanjian Kemitraan Usaha Kuliner Desy Crisyanti; Nurlaily Nurlaily; Triana Dewi Seroja
SIGn Jurnal Hukum Vol 5 No 1: April - September 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v5i1.260

Abstract

This research examines the dynamics of conflict and dispute resolution in culinary business partnership agreements in Batam. This study combines normative and empirical research methods. Primary data collection was done through direct interviews with informants, while secondary data were obtained through a literature review of legal materials. Subsequently, the collected data were analyzed qualitatively to describe the problem and address the research purposes. The results show that the parties still commit breaches of contract within culinary business partnership agreements in Batam. For instance, in the steak franchise partnership case, the receiving partner unilaterally breached the contract with the providing partner by purchasing some of the raw materials from traditional markets. Dispute resolution in culinary business partnership agreements can occur through court and out-of-court proceedings. The T-brand cake business case is an example of dispute resolution at all court levels. Meanwhile, alternative dispute resolution is a method of resolving disputes outside the court proceedings, encompassing various methods such as negotiation, mediation, arbitration, and conciliation. Therefore, it is recommended that the involved parties in culinary business partnership agreements enhance their understanding of dispute resolution methods. Moreover, business actors must ensure they comprehend and comply with the legal provisions in their partnership agreements. In this regard, the government and business associations should play an active role in providing information and training related to dispute resolution and valid partnership agreements, as well as ensuring that fair business policies and practices are implemented in the culinary business sector in Batam.
Penerapan Doktrin Fair Use Defense dan Prinsip Standar Minimum dalam Penyelesaian Sengketa Hak Cipta Putu George Matthew Simbolon
SIGn Jurnal Hukum Vol 5 No 1: April - September 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v5i1.263

Abstract

This study aims to examine and analyze how disputes arising from copyright infringement can be resolved by applying the fair use defense doctrine in the copyright protection regime in Indonesia. This study uses normative legal research with the statute, conceptual, case, and comparative approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that Indonesia must apply the doctrine of fair use defense as a mechanism in copyright dispute settlement. Despite its unfamiliarity in Indonesia, the fair use defense aligns with the principle of minimum standards and the FET principle regulated in the TRIPs Agreement. This agreement binds Indonesia under Law Number 7 of 1994. The proportionality of this doctrine has also been tested through legal findings by the U.S. Supreme Court, which is based on Section 107 of the U.S. Copyright Act. Therefore, it is recommended that the House of Representatives amend Law Number 28 of 2014 to include more specific clauses explaining what factors qualify as fair use. In addition to amending Law Number 28 of 2014, it is recommended that the Government or the Supreme Court establish implementing regulations for Law Number 28 of 2014 concerning factors that qualify as fair use of copyrighted works. On the other hand, researchers and academics are encouraged to conduct further research on applying the fair use defense doctrine. This research can also provide valuable recommendations for the Government and the House of Representatives in strengthening Indonesia’s legal framework and copyright protection regime.
Pengurangan Tarif BPHTB: Strategi Perlindungan Hukum bagi Masyarakat Ekonomi Lemah Asranita Asranita; Siti Malikhatun Badriyah
SIGn Jurnal Hukum Vol 5 No 1: April - September 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v5i1.264

Abstract

This study aims to examine and analyze the juridical basis for Local Governments in forming regional regulations related to reducing BPHTB rates. This study uses normative legal research with the statute and conceptual approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that the Law Number 21 of 1997 has considered fairness by regulating NPOPTKP or NJOPTKP for land and buildings. Moreover, with the enactment of Law Number 1 of 2022, Local Governments are authorized to formulate regional regulations on reducing BPHTB rates for the economically disadvantaged community. Therefore, it is recommended that Local Governments invest in capacity-building initiatives for their tax officials, focusing on policy knowledge, surveillance techniques, and law enforcement. This policy would ensure they are adequately equipped to oversee taxpayer compliance and identify potential violations. Furthermore, there should be continuous engagement with all stakeholders to identify potential obstacles and challenges in policy implementation. Regular evaluations and monitoring are also crucial to assessing the policy’s effectiveness and impact on tax revenue and the economically disadvantaged community. Lastly, taxpayers must understand the changes in BPHTB rates, their rights, and obligations to ensure policy compliance. By doing so, Local Governments can enhance the effectiveness of the BPHTB rate reduction policy and ensure it brings about maximum benefits for the economically disadvantaged community.
Peralihan Hak Atas Tanah melalui Putusan Pengadilan: Implikasi Yuridis dan Tantangan dalam Pelaksanaan Laila Nuraini; Yunanto Yunanto
SIGn Jurnal Hukum Vol 5 No 1: April - September 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v5i1.265

Abstract

This study aims to examine and analyze the juridical implications of land rights transfers through court decisions and identify the challenges and obstacles encountered in transferring them. This study uses normative legal research with conceptual, case, and comparative approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that the dispute resolution of land rights transfers through inkracht court decisions can provide legal certainty and positive impacts for the disputing parties. However, some negative effects need to be anticipated and managed effectively. Furthermore, challenges and obstacles are faced when executing land rights transfers based on inkracht court decisions, necessitating efforts to improve the court decision enforcement system. Improving the court decision enforcement system involves the active participation of the government, law enforcement, land agencies, and parties involved in land rights transfer disputes. Therefore, it is recommended that parties involved in land rights transfer disputes consider the negative impacts of inkracht court decisions by collaborating with law enforcement. Through good cooperation and coordination among agencies and enhanced law enforcement capacity, it is hoped that the land rights dispute resolution system transfer can create legal certainty and promote the economic value growth of disputed land, ultimately impacting the productivity and welfare of the surrounding community.
Pelaksanaan Pilkada Serentak: Tinjauan Hukum Tata Negara dan Dampaknya Terhadap Demokrasi di Indonesia Riastri Haryani
SIGn Jurnal Hukum Vol 5 No 1: April - September 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v5i1.262

Abstract

This study aims to examine and analyze the execution of Simultaneous Local Elections within the study of constitutional law and its impact on democracy in Indonesia. This study uses normative legal research with the statute and conceptual approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that implementing the 2024 Simultaneous Local Elections presents some crucial impacts on the Local Elections held in 2017, 2018, and 2020. The first impact, related to the 2017 and 2018 Local Elections, involves the ASN as Interim Regional Heads during the transition toward the 2024 Simultaneous Local Elections. However, this provision reflects principles of accountability and continuity of government, which are also critical parts of a democratic system. The second impact, particularly for the 2020 Local Elections, reduces the Regional Head’s term, initially set to serve until 2026. In contrast, legal considerations in Decision Number 18/PUU-XX/2022 decided that reducing the term of Regional Head due to the 2024 Simultaneous Local Elections does not contradict the 1945 Constitution. Therefore, several recommendations can be formulated for relevant parties. First, the appointment process of Interim Regional Heads should be more transparent and involve public consultation where possible. Second, serious consideration should be given to the impact of reduced terms for Regional Heads elected in 2020. Mechanisms should be in place to ensure that the reduction does not adversely affect the quality of governance or disrupt ongoing projects. Finally, the consideration in Decision Number 18/PUU-XX/2022 and the 1945 Constitution should guide all decision-making processes related to the 2024 Simultaneous Local Elections. Thus, a careful, balanced approach is needed in the execution of the 2024 Simultaneous Local Elections to maintain democratic integrity, the rule of law, and public trust.
Etika dan Profesi Notaris: Akibat Sanksi atas Pelanggaran Kode Etik Margareth Tutut Maharani Prakoso; Sukirno Sukirno
SIGn Jurnal Hukum Vol 5 No 1: April - September 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v5i1.266

Abstract

This study aims to examine the legal position of the Code of Ethics for the Notary Public in legislation, and also seeks to analyze the consequences of sanctions for violating the code of ethics in the Notary profession. This study uses normative legal research with the statute and conceptual approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that the INI acts as the sole organization for Notaries in Indonesia, asserting its authority in establishing and enforcing the code of ethics. The code of ethics is established and enforced in various sanctions imposed, including admonishments, warnings, temporary suspensions, honorable dismissals, and dishonorable dismissals. However, such membership dismissals do not affect the status of a Notary as a Public Official. Nevertheless, severe violations of the code of ethics can prompt the Honorary Council to recommend the dismissal of a Notary to the Minister of Law and Human Rights. Therefore, several recommendations can be proposed to the relevant parties. First, the INI should continue to enhance its members’ understanding of the code of ethics through various educational activities and training. Second, the Honorary Council is expected to be more proactive in supervising and auditing Notary practices to detect and quickly address violations of the code of ethics. Lastly, the Minister of Law and Human Rights should carefully consider the dismissal recommendations from the Honorary Council and ensure that each decision is based on robust and fair evidence. Concurrently, closer cooperation between the Minister of Law and Human Rights and the INI is necessary to enforce the code of ethics and relevant legislation. Thus, the involvement and roles of all stakeholders are crucial in maintaining public trust in the Notary profession in Indonesia.
Akibat Hukum atas Pelanggaran Kewajiban Calon Notaris Magang: Studi Peraturan Perundang-Undangan Fitria Rosalinda; Aminah Aminah
SIGn Jurnal Hukum Vol 5 No 1: April - September 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v5i1.269

Abstract

This study examines and analyzes the legal consequences of violations of obligations committed by prospective intern Notaries based on Law Number 30 of 2004 and Law Number 2 of 2014. This study uses normative legal research with the statute and conceptual approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that the Article 16A of Law Number 2 of 2014 prescriptively indicates that prospective intern Notaries have attributive authority in doing authentic deeds. On the other hand, it reveals no additional articles providing sanctions if a prospective intern Notary violates this Article 16A of Law Number 2 of 2014. Despite these conditions, prospective intern Notaries ignoring their obligations are not exempt from legal consequences under Article 444 section (1) of Law Number 1 of 2023, Article 1365 of the Civil Code, and Article 12 point 3 of INI Regulation Number 19/PERKUM/INI/2019. Therefore, it is recommended that all stakeholders, including prospective intern Notary and Notary accepting intern, strictly adhere to the legal and regulatory framework governing internships. Further, the House of Representatives could consider for Amendment to Law Number 30 of 2004. In this case, legislation formation must provide more explicit provisions on the limitations and responsibilities of prospective intern Notaries and the consequences of violations. Clarifying these aspects could prevent misunderstandings, enhance the effectiveness of the internship program, and ultimately improve the overall quality and integrity of the Notary profession.

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