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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
Akibat Hukum atas Pelanggaran Sistem Pernikahan Endogami di Indonesia: Studi Peraturan Perundang-Undangan Agussalim A. Gadjong
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.v5i1.229

Abstract

This study aims to examine and analyze how sanctions are applied for violating the endogamous marriage system and linked in the context of the positive law system in Indonesia. This study uses normative legal research with conceptual, historical, and comparative approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show sanctions and consequences for individuals violating the endogamous marriage system. Sanctions can range from social ostracism, status demotion to fines and withdrawal of access to resources. In religious endogamy, violations are considered sins, and marriages can be declared invalid under Law Number 1 of 1974. Violations of racial or ethnic and caste endogamy do not have formal legal consequences but can impact an individual’s social status. Therefore, it is recommended that authorities and community leaders continue educating individuals about the implications of these endogamous marriage systems. The need for open dialogues about the pros and cons of these systems is also essential. Furthermore, the Indonesian legal system should protect all individuals’ rights and uphold principles of equality and non-discrimination while respecting cultural and religious nuances.
Ketentuan Pidana dalam Undang-Undang Perlindungan Data Pribadi: Studi Perbandingan Hukum antara Indonesia dan Singapura Dian Purwaningrum Soemitro; Muhammad Arvin Wicaksono; Nur Aini Putri
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.v5i1.272

Abstract

This study aims to compare the penal provisions between the PDPA and Law Number 27 of 2022. 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 a striking difference between the PDPA and Law Number 27 of 2022 concerning penal provisions related to offenses of personal data protection. The PDPA portrays a more moderate approach by establishing relatively lighter imprisonment and fines. In contrast, Law Number 27 of 2022 illustrates a stricter approach with more severe imprisonment, fines, and additional punishments. Singapore leans towards prevention and education, while Indonesia places a high priority on law enforcement. Nonetheless, both approaches ultimately aim to protect their citizens’ personal data. Therefore, it recommended that the relevant authorities in both Singapore and Indonesia continually evaluate and adapt their legal frameworks to safeguard personal data effectively. Singapore could consider stricter penalties to discourage offenses while maintaining its focus on education and prevention. On the other hand, while Indonesia’s commitment to law enforcement is commendable, it could also benefit from incorporating preventive measures and public education to promote understanding and voluntary compliance. Collaborative efforts between the two countries can facilitate continual enhancements in personal data protection within their respective jurisdictions.
Konflik antara Perlindungan Rahasia Dagang dan Hak Pekerja dalam Klausul Non-Kompetisi Wulan Purnamasari; Elza Syarief; Rina S. Shahrullah
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.v5i1.273

Abstract

This study aims to scrutinize the Non-Competition Clauses in employment contracts as a manifestation of trade secrets and understand how these clauses impact an individual’s right to choose employment. 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 including Non-Competition Clauses in employment contracts by employers is a strategic measure to protect trade secrets from competitors. However, every contract must fulfill the requirements for the agreement’s validity subjectively and objectively. Non-Competition Clauses can potentially conflict with workers’ rights as regulated in Article 28D section (2) of the 1945 Constitution, Article 38 section (2) of Law Number 39 of 1999, and Article 31 of Law Number 13 of 2003, thereby violating the objective requirements of employment contracts based on Article 52 section (1) point d of Law Number 13 of 2003. Therefore, it recommended that relevant parties review and evaluate the implementation of Non-Competition Clauses in employment contracts in Indonesia. Before incorporating this clause into the employment contract, employers must consider the agreement’s validity requirements and workers’ rights. Furthermore, the employment contract should further explain the definition and scope of the Non-Competition Clause to avoid different interpretations. Meanwhile, the Government is recommended to create clear regulations concerning the legitimacy of Non-Competition Clauses in employment contracts. These regulations must consider the balance between protecting trade secrets and workers’ rights to employment and income. Lastly, Courts should prioritize protecting workers’ rights in resolving disputes related to breaches of the Non-Competition Clause, especially if employers cannot prove the workers have violated the company’s trade secrets.
Penerapan Keadilan Restoratif bagi Penyalahguna Narkotika: Studi Kasus di Kejaksaan Negeri Takalar Resky Ayu Lestari; Syarif Saddam Rivanie; Slamet Sampurno Soewondo
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.v5i1.275

Abstract

This research aims to examine and analyze how the Takalar Public Attorney’s Office applies the Guidelines of Attorney General Number 18 of 2021. This research uses an empirical legal research method. All collected data is then qualitatively analyzed to describe the problem and answer the research objectives. The results show that Sofyan Setiawan’s case is the sole example of implementing restorative justice, aligning with the Guidelines of Attorney General Number 18 of 2021 at the Takalar Public Attorney’s Office. The entire legal process, from the drafting of the legal opinion by the Public Prosecutor to the issuance of Letter Number B-230/P.4.32/Es.1/08/2022 by the Head of the Takalar Public Attorney’s Office, demonstrates compliance with formal and material completeness. Instructions for resolving the case were subsequently forwarded to the High Attorney’s Office of South Sulawesi. The progression to restorative justice was documented in Letter Number R-/P.4.4/Enz.1/08/2022, issued by the Assistant for General Crimes on behalf of the Head of the High Attorney’s Office of South Sulawesi. Sofyan Setiawan then effectively underwent rehabilitation from August 3 to December 3, 2022, at the Baddoka Narcotic Rehabilitation Center in Makassar. Therefore, several recommendations can be proposed to the relevant stakeholders. First, the Head of the Takalar Public Attorney’s Office and the High Attorney’s Office of South Sulawesi should collaborate to identify the formal and material completeness criteria enabling broader implementation of restorative justice. Second, the Assistant for General Crimes and the Public Prosecutor are advised to develop a systematic evaluation mechanism to assess the effectiveness of rehabilitation as one of the options for resolving narcotic criminal cases. Third, the Baddoka Narcotic Rehabilitation Center in Makassar and relevant institutions in Makassar are recommended to enhance the capacity of their facilities and rehabilitation services, especially considering the high number of narcotic cases. These measures aim to improve the effectiveness and scope of restorative justice in handling similar cases in the future.
Jual Beli Kapal Laut di Atas Ukuran GT-7 Tanpa Akta Autentik di Kabupaten Morowali Utara Ince Mochamad Arief Ibrahim; Winner Sitorus; Aulia Rifai
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.v5i1.280

Abstract

This research aims to discern and analyze the legal repercussions of selling and purchasing ships over GT-7 size without authentic deeds. This research uses an empirical legal research method. All collected data is then qualitatively analyzed to describe the problem and answer the research objectives. The results show that the preference of the North Morowali community leans more towards the use of receipts as evidence of the sale and purchase of ships over GT-7 size, compared to the formal mechanism of a deed of sale and purchase executed before a Notary. As a result, five ships over GT-7 size operate without Port Clearance, which inevitably places the ship’s captain in a vulnerable position regarding criminal punishment: a maximum imprisonment of five years and a fine of up to IDR 600,000,000. Furthermore, the sale and purchase of ships over GT-7 size without authentic deeds have also resulted in ownership disputes among the local community, as the gross deed of ship registration still lists the previous owner’s identity. Therefore, several recommendations can be proposed to the relevant stakeholders. First, the Harbor Master of Kolonodale Port should conduct intensive socialization regarding the importance of the deed of sale for ships over GT-7 size executed before a Notary. This socialization aims to ensure the clear legal status of ships, raise public awareness about safety and seaworthiness, and prevent potential criminal punishment risks for the captain. Second, as Government Officials, the Ship Registration Officer and Ship Name Transfer Recorder should collaborate with legal institutions to review ships operating in Indonesian waters without Port Clearance. Lastly, Law Enforcement should adopt a mediation approach in resolving ship ownership disputes, prioritizing aspects of justice and truth, thereby preventing further losses for the Northern Morowali community.
Peningkatan Perdagangan Anak di Makassar: Sebuah Analisis Kriminologi Nasrullah Nasrullah
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.v5i1.284

Abstract

This research analyzes the factors contributing to escalating child trafficking activities in Makassar. This research uses an empirical legal research method with a criminology-based approach. All collected data is then qualitatively analyzed to describe the problem and answer the research objectives. The results show that the incidence of child trafficking in Makassar has escalated due to the complexity of multiple factors, including economic, community, education, social, gender inequality, technology, and law enforcement. Therefore, several recommendations can be proposed to the relevant stakeholders. First, the Makassar Municipal should consider implementing economic stabilization programs centered on protecting vulnerable children and families. Second, the development and enhancement of education quality should be prioritized, aiming to augment access to knowledge and awareness about children’s rights. Additionally, efforts to reduce poverty and promote gender equality must be intensified to prevent the exploitation of women and children. Third, the government and tech regulators must devise and implement policies to curb the misuse of social media in the context of child trafficking. Lastly, there must be an enhancement in law enforcement involving the optimization of the PPA Unit in its investigative role. Concurrently, inclusive and comprehensive legal reforms should be pursued to fortify the child protection system and mitigate the multifaceted factors exacerbating child trafficking in Makassar.
Peraturan Kepegawaian di Sekretariat Komisi Kejaksaan Republik Indonesia Johannes Ronald Elyeser Roparulian Hutagalung
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.v5i1.286

Abstract

This study aims to examine the normativity of the Non-State Civil Apparatus in supporting the duties and functions of the Attorney Commission and analyze the Secretariat’s personnel normativity based on Ministerial Letter Number B/185/M.SM.02.03/2022. This study uses normative legal research with a statute approach. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that the Technical Service Division of the Secretariat provides adequate technical support for addressing the behavior and performance of 28,435 Prosecutors and the Attorney General’s Office personnel. Meanwhile, the existence of six Legal Product Analysts and two Office Administrative Staff as Non-State Civil Apparatus interacting directly with the Technical Service Division of the Secretariat becomes vulnerable due to Ministerial Letter Number B/185/M.SM.02.03/2022. This letter, restricting government personnel professions to only Civil Servants and PPPK, initiates a series of changes in human resource management targeted for completion by November 28, 2023. Therefore, Personnel Development Officers in the Coordinating Ministry and the Head of the Secretariat are recommended to promptly conduct a comprehensive evaluation of personnel structures and functions. Specifically, there need to be concrete steps to balance functional needs, such as increasing the number of personnel in the Secretariat. Furthermore, it is crucial to ensure the personnel transition for six Legal Product Analysts and two Office Administrative Staff so they can continue contributing where their personnel status does not conflict with Ministerial Letter Number B/185/M.SM.02.03/2022. Lastly, it would be prudent to implement a continuous evaluation mechanism, both in the short and long term, to monitor the effectiveness and efficiency of human resource management post-adaptation of the said policy.

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