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<![CDATA[Pembatalan Perjanjian Pengikatan Jual Beli Cacat Formil Melalui Gugatan Rekonvensi: Studi Putusan Nomor 1263/Pdt.G/2023/PN Dps ]]>
<![CDATA[Retnaningsih, Heni]]>;
<![CDATA[Setiawan, I Ketut Oka]]>
<![CDATA[ SIGn Jurnal Hukum Vol 7 No 1: April - September 2025 ]]>
Publisher : <![CDATA[CV. Social Politic Genius (SIGn) ]]>
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DOI: 10.37276/sjh.v7i1.418
<![CDATA[Legally defective preliminary sales agreements frequently trigger complex land ownership disputes. This research analyzes the legal reasoning (ratio decidendi) of the Panel of Judges concerning the annulment of a preliminary sales agreement due to formal defect through reconvention, utilizing Decision Number 1263/Pdt.G/2023/PN Dps as a case study, and examines the strategic function of reconvention in achieving legal certainty. Employing a normative legal research method through a case study approach and qualitative analysis of the decision data, it was found that the Panel of Judges annulled Deed of Agreement Number 18 based on the absence of valid consent (Article 1320 of the Civil Code), resulting from fictitious factual representation concerning the presence of a party. Additionally, the Deed of Power of Attorney Number 19 was declared null as it contained a formal defect related to the inaccuracy of the appearing party’s address data, violating the provisions of Article 38 section (3) point (a) of Law Number 2 of 2014. These analysis results affirm that reconvention proved an effective procedural law instrument for uncovering and proving legal defects in deeds, obtaining a definitive annulment judgment (nietigverklaring), and contributing to the comprehensive resolution of land ownership disputes. It is concluded that fulfilling requirements for a valid agreement and the formalities of authentic deeds are crucial in land transactions, and reconvention plays an important role in protecting landowner rights and enforcing agrarian legal certainty.]]>
<![CDATA[Penolakan Majelis Hakim Terhadap Permohonan Pembatalan Akta Jual Beli yang Cacat Syarat Subjektif: Studi Putusan No. 32/Pdt.G/2019/PN Kpn ]]>
<![CDATA[Syam’ani, Nessa Isabela]]>;
<![CDATA[Setiawan, I Ketut Oka]]>
<![CDATA[ SIGn Jurnal Hukum Vol 7 No 1: April - September 2025 ]]>
Publisher : <![CDATA[CV. Social Politic Genius (SIGn) ]]>
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DOI: 10.37276/sjh.v7i1.419
<![CDATA[Disputes concerning the validity of a deed of sale due to alleged subjective requirement defects constitute a significant problem within agrarian and contract law. This research aims to analyze the legal reasoning (ratio decidendi) of the Panel of Judges in Decision Number 32/Pdt.G/2019/PN Kpn, which denied the application for the annulment of Deed of Sale Number 302/Kec.Bululawang/1993, despite allegations of a subjective defect arising from the seller having passed away before the deed was executed. Employing a normative legal research method integrating case study, statute, and conceptual approaches, a qualitative analysis was conducted on the said decision. The analysis results indicate that the Panel of Judges’ denial was not based on a direct examination of the Deed of Sale Number 302/Kec.Bululawang/1993 due to the subjective defect under Article 1320 of the Civil Code. Instead, the dominant ratio decidendi rested upon the validation of the Sale Agreement under seal dated 5 July 1983 and the application of the doctrines of prescription and rechtsverwerking resulting from over 30 years of good faith physical possession. It is concluded that Decision Number 32/Pdt.G/2019/PN Kpn affirmed Defendant 1’s ownership through the mechanism of lapse of time while prioritizing pragmatic legal certainty, although leaving juridical ambiguity regarding the status of Deed of Sale Number 302/Kec.Bululawang/1993 indicates a judicial tendency to prioritize the substance of long-term possession over formal defects in deeds within belatedly filed disputes.]]>
<![CDATA[Efektivitas Penegakan Hukum Tindak Pidana Penadahan Laptop di Kota Makassar ]]>
<![CDATA[Jumaris, Jumaris]]>;
<![CDATA[Husen, La Ode]]>;
<![CDATA[Hambali, Azwad Rachmat]]>
<![CDATA[ SIGn Jurnal Hukum Vol 7 No 1: April - September 2025 ]]>
Publisher : <![CDATA[CV. Social Politic Genius (SIGn) ]]>
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DOI: 10.37276/sjh.v7i1.421
<![CDATA[The persistent criminal offense of receiving stolen laptops poses a significant challenge to the criminal justice system in Indonesia. This study aims to analyze the effectiveness of law enforcement against this offence in Makassar City and comprehensively identify and analyze the factors that influence it. The method employed is empirical legal research conducted in Makassar City, involving primary data collection through administering questionnaires to 25 respondents and in-depth interviews with key informants, supplemented by secondary data from a documentary study. Data analysis integrates descriptive quantitative and interpretive qualitative approaches guided by the theoretical framework of legal effectiveness. The primary results of the study convergently indicate that the effectiveness of law enforcement regarding the criminal offense of receiving stolen laptops in Makassar City is generally assessed as less effective, as reflected in the majority perception of respondents and qualitative indicators such as the persistence of perpetrators and the weak deterrent effect of criminal sanctions. Factor analysis identifies several significant determinants contributing to this condition, including limited preventive capacity within the legal structure, low public legal awareness and caution in second-hand goods transactions, the presence of substantial operational constraints in the investigation process, and the dynamics of cooperation between perpetrators of theft and receivers which strengthen criminal resilience. It is concluded that the low effectiveness of law enforcement is the result of the complex interaction of these structural, cultural, operational, and criminal environment factors.]]>
<![CDATA[Pembuktian Penipuan Perdagangan Efek dalam Tindak Pidana Pasar Modal ]]>
<![CDATA[Opit, Syaloomita Electra]]>;
<![CDATA[Frans, Mardian Putra]]>
<![CDATA[ SIGn Jurnal Hukum Vol 7 No 1: April - September 2025 ]]>
Publisher : <![CDATA[CV. Social Politic Genius (SIGn) ]]>
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DOI: 10.37276/sjh.v7i1.413
<![CDATA[The criminal offense of securities trading fraud seriously threatens the integrity of the Indonesian capital market. Nevertheless, its proof within the realm of criminal law faces significant constraints. This research aims to analyze the normative evidentiary model for securities trading fraud, identify the fundamental challenges in its implementation in Indonesia, and examine strategies to overcome these obstacles. This study utilizes a normative legal research method with statutory and conceptual approaches to scrutinize the legal framework and evidentiary practices. The analysis reveals that proof formally adheres to the theory of negative statutory proof (negatief wettelijke bewijstheorie) based on the Criminal Procedure Code, requiring a minimum of two valid pieces of evidence and an evidence-based judge’s conviction. Nevertheless, the implementation of this model is confronted by multidimensional challenges, encompassing the complexity of criminal schemes, information asymmetry, difficulties in proving criminal intent (mens rea), limitations in the regulatory framework and oversight effectiveness, and constraints in accessing crucial data. This study finds that effective strategies to address these barriers necessitate a combination of interventions in two domains: strengthening substantive regulations, particularly enforcing information disclosure obligations discipline by the FSA, and enhancing transparency and accountability at the corporate level through GCG implementation and shareholder rights protection. It is concluded that a significant gap exists between the normative evidentiary model and the reality of its practical enforcement, and the effectiveness of proving securities trading fraud heavily relies on the synergy between strengthening the formal legal framework and improving the corporate governance ecosystem.]]>
<![CDATA[Implikasi Hukum Wanprestasi Pemerintah pada Kontrak Pembangunan Pasar Ranggulalo: Analisis Putusan Nomor 28/Pdt.G/2021/PN Dgl ]]>
<![CDATA[Lo, Adeline]]>;
<![CDATA[Lee, Elena Philomena]]>;
<![CDATA[Chen, Natasya Edgina]]>;
<![CDATA[Baretta, Nicole]]>;
<![CDATA[Nugraha, Dwi Putra]]>;
<![CDATA[Tanaya, Velliana]]>
<![CDATA[ SIGn Jurnal Hukum Vol 7 No 1: April - September 2025 ]]>
Publisher : <![CDATA[CV. Social Politic Genius (SIGn) ]]>
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DOI: 10.37276/sjh.v7i1.416
<![CDATA[Government Default in Construction Contracts executed under assistance task projects raises questions concerning accountability and legal certainty, as exemplified by the Ranggulalo Market construction case. This study aims to analyze the legal implications of the Sigi Regency Government’s Default and to identify how legal accountability for the outstanding contract payment was determined based on Decision Number 28/Pdt.G/2021/PN Dgl. A normative legal research methodology utilized case, statutory, and conceptual approaches through qualitative analysis of the court decision, pertinent regulations, and secondary legal materials. The analysis reveals that the court determined the Defendant had committed Default and was responsible for paying the outstanding contract balance—acknowledging the involvement of the Co-Defendant—despite complexities concerning the Commitment-Making Official’s mandate, predicated on the binding civil law nature of the contractual relationship. The principal legal implications arising from this Default include the imposition of direct financial obligations on the government, the disruption of the fundamental principle of contractual equilibrium, diminished legal certainty for service providers, and the emergence of administrative and institutional consequences for the regional government involved. In conclusion, this judgment affirms government accountability in civil contracts and underscores the judiciary’s vital role in upholding the pacta sunt servanda principle. Concurrently, it highlights the urgent need to refine regulations concerning assistance tasks and strengthen contract governance within regional government environments.]]>
<![CDATA[Pemberdayaan Ekonomi Lokal di Kelurahan Bencongan Indah, Kabupaten Tangerang: Usaha Pengelolaan Limbah Plastik Menjadi Paving Block ]]>
<![CDATA[Simatupang, Margareta Theodora]]>;
<![CDATA[Bantara, Fitaria]]>;
<![CDATA[Tarigan, Mera Terangta]]>;
<![CDATA[Nicholine, Nicholine]]>;
<![CDATA[Behuku, Reyane Dolimariz Putri]]>
<![CDATA[ SIGn Jurnal Hukum Vol 7 No 1: April - September 2025 ]]>
Publisher : <![CDATA[CV. Social Politic Genius (SIGn) ]]>
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DOI: 10.37276/sjh.v7i1.420
<![CDATA[Local economic empowerment represents both a crucial challenge and objective within the implementation of decentralization in Indonesia, demanding innovative regional-level solutions capable of integrating social, economic, and environmental aspects such as waste management. This qualitative case study research aims to analyze the implementation mechanisms and the role of multi-stakeholder collaboration in facilitating economic empowerment through an innovative plastic waste-to-paving block program in Bencongan Indah Urban Village. It also evaluates the program as a practical implementation of decentralization and a potential model for sustainable local development. Primary data were collected through direct observation of business activities and in-depth interviews with the Secretary of the Urban Village, supported by secondary data from documentary studies of regulations and online publications. Data analysis employed a descriptive qualitative approach through content and thematic analysis. Findings indicate that this program transforms plastic waste into an economic product via an observed operational mechanism involving MSMEs/the community, strongly supported by multi-stakeholder collaboration and the facilitation role of the Urban Village Government. The program’s implementation reflects local initiative within the regional autonomy framework and aligns with urban village and regency-level empowerment regulations. Although integrating sustainability pillars and attracting external attention, the program was identified as being in its early stages of development and facing resource and coordination challenges. It is concluded that the Bencongan Indah plastic paving block innovation constitutes a practice of decentralization implementation that facilitates economic empowerment through collaboration, offering a potential, integrative local development model whose sustainability and replicability, however, necessitate strategic management of implementation challenges.]]>
<![CDATA[Phishing di Sektor Perbankan: Antara Kejahatan Siber dan Perlindungan Konsumen ]]>
<![CDATA[Ekawati, Dian]]>;
<![CDATA[Herdiana, Dadan]]>;
<![CDATA[Haryanti, Amelia]]>
<![CDATA[ SIGn Jurnal Hukum Vol 7 No 1: April - September 2025 ]]>
Publisher : <![CDATA[CV. Social Politic Genius (SIGn) ]]>
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DOI: 10.37276/sjh.v7i1.422
<![CDATA[The escalating utilization of electronic banking services corresponds with a heightened threat of cybercrime, particularly phishing, leading to significant financial losses for customers and eroding public trust in the digital banking system. This research aims to analyze the forms of legal protection available and the construction of banks’ civil liability, as well as to identify the legal remedies accessible to customers victimized by phishing under Law Number 8 of 1999. Employing a normative legal research methodology integrating statute and conceptual approaches, the study analyzed relevant legislation and legal doctrines. Findings indicate that banks bear specific legal obligations mandated by Financial Services Authority Regulations, Law Number 27 of 2022, and Law Number 8 of 1999, about the assurance of system and data security. Consequently, banks’ civil liability for phishing-induced losses can be established, primarily on the grounds of unlawful acts (tort), contingent upon proof of failure to discharge these specific duties involving fault or negligence. However, the practical determination of liability remains complex, invariably factoring in customer contributory negligence. Victims possess options including criminal reporting and general civil litigation, yet Law Number 8 of 1999 offers a more structured consumer dispute resolution pathway. This pathway encompasses mandatory internal complaints submitted to the bank, potentially followed by escalation to LAPS SJK as the principal forum for out-of-court settlement. The study concludes that while the legal framework establishes a basis for bank liability, the adequate protection of customers is heavily contingent upon evidentiary success in disputes and the optimized functioning of resolution mechanisms, particularly LAPS SJK.]]>
<![CDATA[Rasionalitas Majelis Hakim dalam Pembatalan Akta Hibah Tanah Akibat Perbuatan Melawan Hukum oleh Ahli Waris: Studi Putusan Nomor 175/Pdt.G/2023/PN Kpn ]]>
<![CDATA[Dewi, Eriska Desianti]]>;
<![CDATA[Samosir, Tetti]]>;
<![CDATA[Harlina, Indah]]>
<![CDATA[ SIGn Jurnal Hukum Vol 7 No 1: April - September 2025 ]]>
Publisher : <![CDATA[CV. Social Politic Genius (SIGn) ]]>
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DOI: 10.37276/sjh.v7i1.423
<![CDATA[Disputes concerning the annulment of land grant deeds between Inheritors constitute a complex issue within civil and agrarian law, requiring an in-depth understanding of the rationale behind court decisions. This research aims to analyze the rationale of the Panel of Judges of the Kepanjen District Court in Decision Number 175/Pdt.G/2023/PN Kpn regarding the annulment of Grant Deed Number 167/KEP-35.10/IX/2020. Employing a normative legal research method with a case study approach, the qualitative analysis focused on the legal considerations (ratio decidendi) within the decision. The analysis results indicate the Panel of Judges’ rationale was primarily based on the assessment of evidence corroborating the Plaintiff’s pre-grant proper claim derived from an oral transaction, setting aside the formal strength of the authentic deed due to the Defendant’s absence of rebuttal evidence. The juridical annulment of the deed was grounded in the direct application of the Nemo dat quod non habet principle, referenced through Article 210 section (2) of the Compilation of Islamic Law because the Grantor was proven to have granted part of the object that was not his right. The qualification of unlawful act against the Defendant was determined as a logical consequence of this finding, albeit without in-depth elaboration of the elements, demonstrating pragmatic reasoning. In conclusion, the judicial rationale, in this case, tends to prioritize substantive justice over formal legal certainty, yet it raises discourse concerning evidentiary standards and potential issues of inheritance law coherence that remain unaddressed.]]>
<![CDATA[Implementasi Alih Media Sertifikat Tanah ke Sertifikat Elektronik oleh PPAT Kota Tangerang Selatan untuk Mendukung Reforma Agraria ]]>
<![CDATA[Maulidiana, Amalia Rahma]]>;
<![CDATA[Deni, Fitra]]>;
<![CDATA[Wijaya, Endra]]>
<![CDATA[ SIGn Jurnal Hukum Vol 7 No 1: April - September 2025 ]]>
Publisher : <![CDATA[CV. Social Politic Genius (SIGn) ]]>
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DOI: 10.37276/sjh.v7i1.424
<![CDATA[Modernizing land administration through e-certificates is imperative to strengthen Indonesia’s legal certainty of land rights. This research aims to analyze the factual implementation of the E-certificate media conversion mechanism by Land Deed Making Officials in South Tangerang City following the enactment of Ministerial Regulation Number 3 of 2023, examine the legal certainty of its product, and evaluate its contribution as a supporting instrument for Agrarian Reform. Employing an empirical legal approach with qualitative analysis through interviews and document study, this study finds that the initial implementation of media conversion by Land Deed Making Officials faced significant dynamics and operational challenges related to system and procedural readiness, requiring intensive adaptation. Nevertheless, e-certificates from media conversion possess a strong foundation of normative legal certainty and have gained widespread practical recognition, especially from the banking sector, as Electronic Mortgage Right collateral. Further evaluation indicates that this media conversion implementation factually supports modern Agrarian Reform’s objectives, primarily through enhancing the guarantee of legal certainty. However, early implementation barriers still constrain its full administrative efficiency and transparency potential. It is concluded that media conversion is a fundamental supporting instrument for Agrarian Reform in the digital era. However, realizing its optimal benefits requires system maturation and stakeholders’ continuous resolution of implementation challenges.]]>
<![CDATA[Pembatalan Akta Hibah Akibat Perbuatan Melawan Hukum dan Bertentangan dengan Hukum Waris: Studi Putusan Nomor 85/Pdt.G/2021/PN Bdg ]]>
<![CDATA[Amelia, Helda]]>;
<![CDATA[Abdullah, Zaitun]]>;
<![CDATA[Wuryandari, R. Utji Sri Wulan]]>
<![CDATA[ SIGn Jurnal Hukum Vol 7 No 1: April - September 2025 ]]>
Publisher : <![CDATA[CV. Social Politic Genius (SIGn) ]]>
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DOI: 10.37276/sjh.v7i1.425
<![CDATA[The annulment of Grant Deeds due to unlawful acts by the Grantee within the context of an inheritance dispute raises complex legal issues concerning the conflict between the formality of deeds and the protection of free will. This research aims to analyze the basis of the Panel of Judges’ reasoning in finding unlawful acts by the child (Grantee) and annulling the Grant Deeds, as well as to analyze the forms of legal protection afforded to the Grantor in Decision Number 85/Pdt.G/2021/PN Bdg. The research method employed is normative legal research utilizing case study, statute, and conceptual approaches, with a qualitative descriptive-analytical analysis of the aforementioned decision. The analysis results indicate that the Panel of Judges annulled the Grant Deeds based on the non-fulfillment of the subjective requirement for a valid agreement according to Article 1320 of the Civil Code, namely the absence of free consent resulting from defects of consent (duress and abuse of circumstances) caused by the proven unlawful acts of the Defendant. The conflict between the grant mechanism and the principles of joint marital property according to Law Number 1 of 1974 and the rules of inheritance law further reinforced the basis for annulment. The manifestation of legal protection for the Plaintiff was effectively realized through the annulment of the deeds, which restored the autonomy of will, the order for restitution for the recovery of material losses, the affirmation of correct inheritance rights providing legal certainty, and the judicial declaration of unlawful act as a form of juridical recognition of the violation of the rights. This decision underscores the court’s priority on substantive justice and the protection of aggrieved parties in family grant disputes tainted by unlawful acts.]]>
