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Abd Kahar Muzakkir
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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 34 Documents
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Search results for , issue "Vol 7 No 1: April - September 2025" : 34 Documents clear
Politik Hukum Pidana Mati dan Upaya Perlindungan Hak Hidup di Indonesia: Perspektif UU Nomor 1 Tahun 2023 Putra, Alif Arhanda
SIGn Jurnal Hukum Vol 7 No 1: April - September 2025
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i1.429

Abstract

The regulation of capital punishment within the Indonesian legal system presents a fundamental tension with the constitutional guarantee of the right to life. Law Number 1 of 2023 introduces a new formulation necessitating an in-depth analysis of its underlying policy background and inherent protection mechanisms. This research aims to analyze the legal policy underpinning the capital punishment provisions in Law Number 1 of 2023 and to identify and analyze the forms of protection for the right to life within its application mechanism. Utilizing a normative legal research method with statute and conceptual approaches, this study qualitatively and interpretively examines relevant primary and secondary legal materials. The analysis indicates that the legal policy on capital punishment in Law Number 1 of 2023 constitutes a compromise-based "middle path policy" between retentionist views and the strengthening of human rights norms, retaining the sanction as a last resort (ultimum remedium) with a mandatory 10-year probationary mechanism. The primary form of protection for the convict's right to life manifests through this conditional mechanism, which normatively provides execution postponement and opens the possibility of commutation. Nevertheless, the effectiveness of this protection is limited by potential subjectivity in the commutation evaluation criteria and discretionary elements in its implementation. It is concluded that Law Number 1 of 2023 represents a new direction providing stronger procedural guarantees for the right to life of death row inmates compared to the previous law, yet substantive protection remains conditional and non-absolute, reflecting the ongoing dilemma between law enforcement and human rights in Indonesia.
Menilai Perlindungan Konsumen pada Pasar Minyak Goreng di Indonesia: Pembelajaran dari Kasus Minyakita Wibowo, Afrizal Mukti
SIGn Jurnal Hukum Vol 7 No 1: April - September 2025
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i1.434

Abstract

The Minyakita case in Indonesia highlights the vulnerable position of consumers vis-à-vis business actors, particularly concerning the accuracy and reliability of product labeling. This issue underscores the ongoing risks consumers face in accessing goods conforming to package labels’ quality and standards. This research aims to analyze legal violations in the Minyakita case, specifically those related to misleading or non-compliant labeling practices, and to examine systemic weaknesses in the regulatory oversight of cooking oil distribution in the Indonesian market. Furthermore, this study compares Indonesia’s regulatory framework with Japan’s, especially regarding product labeling standards and the oversight of essential goods. The research explores loopholes and law enforcement challenges within Indonesia’s existing consumer protection framework, particularly concerning using state-owned brands and distributing public goods. It also presents a comparative analysis of Japan’s consumer protection regime, highlighting Japan’s stronger institutional oversight, crisis response mechanisms, and market discipline. Findings indicate that although Indonesia has a comprehensive legal foundation for consumer protection, its regulatory enforcement and institutional coordination remain weak. This research concludes by offering five policy recommendations to enhance transparency, public accountability, and consumer empowerment, fostering a fairer and more resilient essential commodities distribution system.
Pelaksanaan Hukuman Mati di Indonesia Berdasarkan Aspek Kemanusiaan, Etika, dan Moralitas: Perspektif Keadilan Utilitarian Ishwara, Ade Sathya Sanathana; Rodliyah, Rodliyah; Pancaningrum, Rina Khairani
SIGn Jurnal Hukum Vol 7 No 1: April - September 2025
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i1.435

Abstract

The implementation of capital punishment stipulated in Law Number 2/PNPS/1964 is clearly contrary to the second principle of Pancasila, the noble values enshrined in the 1945 Constitution, and the mandates of international conventions, thereby causing a legal antinomy or conflict of norms. This study employs normative legal research methods to identify legal rules, principles, and doctrines that address the legal issues encountered while utilising a legislative, conceptual, and comparative approach. Research results show the implementation of capital punishment policy should not be solely for the purpose of retribution but should also be based on humanitarian considerations, as stated in the second principle of Pancasila. For example, lethal injection is often considered more humane than other methods of execution. From a utilitarian perspective, this method is acceptable if it provides maximum benefit to society by reducing the suffering of the perpetrator (convicted person). Capital punishment by lethal injection, which has been used in several countries, including China, Thailand, and Vietnam, is considered more humane and upholds ethical and moral values, so lethal injection can be considered as an option for the method of capital punishment in Indonesia to replace the method of execution by firing squad.
Peran PKK Kota Medan terhadap Pencegahan KDRT Perspektif UU Nomor 23 Tahun 2004 Mulyana, Andista Anang; Irwan, Irwan
SIGn Jurnal Hukum Vol 7 No 1: April - September 2025
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i1.448

Abstract

The high incidence of domestic violence in Medan City indicates a gap between the legal protection framework and the implementation of prevention at the grassroots level. This study aims to analyze the form and implementation of the role of the Family Welfare Empowerment Mobilization Team in domestic violence prevention according to Law Number 23 of 2004 and to identify the determining factors that influence its effectiveness. This empirical legal research utilizes a qualitative approach with a case study design focusing on the Medan City Family Welfare Empowerment Mobilization Team. Data were collected through in-depth interviews with key informants and document studies and analyzed using an interactive analysis model. The findings indicate that the role of Family Welfare Empowerment is paradoxical: while aligned with the preventive spirit of Law Number 23 of 2004, its implementation in the field tends to be based on the maintenance of social harmony rather than the protection of victims’ juridical rights. The effectiveness of this role is determined by a dialectic between its social capital and grassroots network as primary supporting factors, which confront the hegemony of patriarchal culture, limitations in authority, and the complexity of victims’ dilemmas as dominant hindering factors. It is concluded that Family Welfare Empowerment is a vital yet limited preventive partner whose potential can only be optimized through systemic policy support to strengthen its cadres’ legal and intervention capacities.
Penguasaan Tanah Negara oleh Warga di Kampung Baru Harjamukti Depok: Studi Kepastian Hukum dan Keadilan Sosial Sihombing, Petrus Roni Kristian; Widjojo, Anne Gunadi Martono
SIGn Jurnal Hukum Vol 7 No 1: April - September 2025
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i1.438

Abstract

The occupation of state land in urban Indonesia often generates complex conflicts between residents’ needs and the demands of formal legality, with implications for legal certainty and social justice. This study comprehensively analyzes the occupation of state land by residents in Kampung Baru Harjamukti, Depok, to examine the attendant problem of legal certainty, identify its implications for the realization of social justice for residents, and evaluate land governance in order to formulate an integrative solution model. Utilizing a normative legal research method that incorporates statute, conceptual, and limited case approaches, this study examines primary, secondary, and tertiary legal materials. It finds that thousands of residents have occupied state land without a valid title since the 1990s, a situation driven by informal transactions and complicated by a historical land legacy. Key findings indicate that this ambiguous legal status directly causes 4,800 residents, including 1,800 individuals without official residency documents, to lose access to essential public services and experience systemic marginalization, reflecting a social justice deficit. Furthermore, the study identifies weak inter-agency coordination and the ineffective exercise of governmental authority in conflict management. It is concluded that the agrarian conflict in Kampung Baru is a multidimensional crisis that demands an integrated solution—encompassing comprehensive land data collection, legalization of residents’ identity, and participatory cross-agency mediation—to sustainably achieve both legal certainty and social justice.
Kompleksitas Transfer Atlet Ilegal: Tantangan terhadap Integritas Penyelenggaraan Kejuaraan Daerah–Nasional dan Implementasi UU Nomor 11 Tahun 2022 Ratu, Kornelis
SIGn Jurnal Hukum Vol 7 No 1: April - September 2025
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i1.443

Abstract

The practice of illegal athlete transfers is a latent problem that fundamentally threatens the integrity of competition and the sports development system in Indonesia. Despite the enactment of Law Number 11 of 2022, this practice persists due to the complexity of the issue, which has not been fully unraveled. This study aims to deconstruct the systemic pathology of illegal athlete transfers by analyzing the interconnection of the juridical, institutional, and socio-political factors that perpetuate it. Employing a socio-legal research method with a qualitative approach, this study examines statutory regulations, academic literature, and relevant case studies to investigate the topic. The findings indicate that the practice of illegal transfers is a symptom of three main pillars of weakness. First, regulatory fragmentation results from the conflict between national law and lex sportiva. Second, the dysfunction of oversight institutions and the absence of a centralized data infrastructure. Third, the functional paralysis of Law Number 11 of 2022 is due to the absence of specific and comprehensive implementing regulations governing inter-regional athlete transfer mechanisms. These weaknesses are actively exploited by a culture of politicization and patronage entrenched in sports governance. It is concluded that piecemeal reforms will not be effective. A comprehensive reform roadmap is required, encompassing regulatory harmonization, institutional strengthening, depoliticization, and the enhancement of legal literacy to build a sports ecosystem founded on integrity and accountability.
Kedudukan Anak Perempuan dalam Hukum Waris Sunni dan Syiah: Kajian tentang Keadilan dan Penerapannya di Nusa Tenggara Barat Suryadin, Suryadin; Arkiang, Bachder Syarif; Yumansyah, Diky; Zuhrah, Zuhrah
SIGn Jurnal Hukum Vol 7 No 1: April - September 2025
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i1.447

Abstract

Islamic inheritance law constitutes a paradigmatic arena of debate concerning gender justice. This debate primarily concerns the position of daughters, which differs fundamentally between the Sunni and Shia schools of thought. This study has three objectives: first, to comparatively analyze the position of daughters in the legal constructions of Sunni and Shia inheritance law; second, to map the implementation of this law within the landscape of legal pluralism in West Nusa Tenggara; and third, to evaluate the materialization of gender justice in prevailing practices. This study employs a mixed-methods design with a sequential explanatory strategy. It combines doctrinal analysis of primary jurisprudential texts, an examination of court decisions, in-depth interviews with judges and customary leaders, and a survey of 150 heads of households in three representative locations in West Nusa Tenggara. The results reveal three layers of conflict. First, a philosophical conflict between the principles of ‘aṣabah (Sunni) and qarābah (Shia). Second, a variation in implementation at the judicial level, ranging from rigid-formalistic to adaptive-collaborative, which is heavily influenced by the hegemony of patriarchal customary law. Third, a quantitatively measured gender justice deficit caused by the interaction among the formalism of state law (the Compilation of Islamic Law), the dominance of patriarchal culture, and low gender literacy. It is concluded that gender injustice in inheritance practices in West Nusa Tenggara is structural. This problem cannot be resolved merely through the reform of legal texts but requires a holistic approach that includes critical education and the strengthening of substantive justice mechanisms.
Penolakan Pembayaran Tunai dalam Bertransaksi: Tinjauan Hukum Ekonomi Syariah pada Praktik Bisnis di Mulia Coffeenary Desvrianto, Muhammad Rafi; Asyiqin, Hisyam; Nuroni, Abdul Muiz
SIGn Jurnal Hukum Vol 7 No 1: April - September 2025
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i1.469

Abstract

Digital payment innovations have prompted business actors to implement exclusive non-cash transaction policies. However, this practice raises significant juridical and ethical problems. This research aims to critically analyze the policy of cash payment refusal through a case study at Mulia Coffeenary. The study employs an empirical legal research method, anchored by a primary review from the perspective of Sharia Economic Law. The results of the analysis indicate that this policy conflicts with the mandate of Rupiah sovereignty as outlined in Law Number 7 of 2011. Furthermore, the practice infringes upon the consumer’s right to choose, which is guaranteed by Law Number 8 of 1999. From a sharia review, the practice is found to be inconsistent with the principle of mutual consent (‘an tarāḍin minkum) in contracts and the legal maxim prohibiting harm (lā ḍarar wa lā ḍirār) to specific segments of society. It is concluded that the business rationale of efficiency and security cannot justify disregarding legal norms and transactional ethics. Therefore, this study recommends a model of coexistence between cash and digital payments to ensure broader financial inclusion and justice.
A Legal Analysis of Justice in the Fiqh Siyasah Perspective on the Additional Voters List Regarding the Double Voter Case in the 2020 Labuhanbatu Regent Election Dispute Riyoeda, Adrian; Pasaribu, Ilhamsyah
SIGn Jurnal Hukum Vol 7 No 1: April - September 2025
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i1.461

Abstract

The 2020 Labuhanbatu Regent Election Dispute, culminating in a Constitutional Court Decision, highlights the crucial issue of voter roll integrity, particularly concerning the double voter within the Additional Voters List. This research aims to unravel the causal factors that trigger the occurrence of the double voter and to assess the normative validity and integrity of the Additional Voters List from the perspective of fiqh siyasah. Employing a normative legal research method with a case approach, this study qualitatively analyzes Constitutional Court Decision Number 58/PHP.BUP-XIX/2021 and its related statutory regulations. The analysis finds that the phenomenon is rooted in a multi-layered problem. These factors range from procedural negligence by administrators at the technical level to the weak competence and integrity of human resources, as well as systemic weaknesses, including population data management and a lack of inter-agency coordination. It is concluded that from the fiqh siyasah perspective, the practice of the double voter is not merely an administrative violation. It constitutes a betrayal (khiyanah) of the public trust (amanah) that fundamentally undermines the principle of justice (‘adl) and corrupts the public good (maslahah al-’ammah), thereby nullifying the legitimacy of the electoral process.
The Judge’s Role in the Effectiveness of Anti-Corruption Enforcement in Indonesia: A Juridical Analysis Behuku, Jitro Gianfranco; Kusuma, Jevine Ilonesia; Chasanah, Nabila Uswatun; Sugianto, Fajar; Indradewi, Astrid Athina
SIGn Jurnal Hukum Vol 7 No 1: April - September 2025
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i1.464

Abstract

The effectiveness of anti-corruption law enforcement in Indonesia is facing a severe legitimacy crisis. This condition is characterized by a paradox between a robust legal framework on paper and its inadequate implementation in practice, thereby eroding public trust. This research aims to critically analyze the central role of judges in determining this effectiveness, with an analytical focus on the problematic interpretation of legal norms and the systemic challenges that impede judicial performance. Through a normative legal approach fortified by a case study, this research employs qualitative content analysis to dissect the legal reasoning in two key 2024 decisions from the Corruption Crimes Court. The findings reveal a diametrically different legal treatment of defendants. On one hand, the court was capable of convicting an individual defendant (a rogue judge) through a procedural application of the law. On the other hand, the court acquitted five large corporations of all legal charges in a corruption case that resulted in significant state economic losses. This acquittal was based on the legalistic argument that the proven act did not constitute a criminal offense. This dualism confirms that law enforcement effectiveness remains sporadic, undermined by a disparity in the professional capacity of judges to interpret the element of “unlawful act,” particularly in complex corporate crimes. It is concluded that without systemic judicial reform to standardize legal interpretation and strengthen accountability, anti-corruption law enforcement will remain blunted when confronting powerful economic actors.

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