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<![CDATA[Justice Collaborator at a Legal Crossroads: An Analysis of the Tension between Substantive Justice and Legal Certainty ]]>
<![CDATA[Firmansyah, Rizqy Adi]]>;
<![CDATA[Widjaja, Matthew]]>;
<![CDATA[Kusumawardani, Cesilia Elok]]>;
<![CDATA[Sugianto, Fajar]]>;
<![CDATA[Indradewi, Astrid Athina]]>
<![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.v7i1.479
<![CDATA[This research examines the tension between substantive justice and legal certainty within the Indonesian criminal justice system, which arises from the legal ambiguity surrounding the Justice Collaborator. The case study focuses on the Justice Collaborator verdict in the premeditated murder case involving Irjen FS. Utilizing a normative juridical research method through statute, case, and conceptual approaches, this study aims to analyze how the legal vacuum regarding the Justice Collaborator in the Penal Code is addressed through judicial adaptation. The findings indicate that the Panel of Judges constructed a “parallel penal track” to grant a reward to Bharada E as the Justice Collaborator. This track refers to sectoral legal instruments such as Law Number 13 of 2006 and Supreme Court Circular Number 4 of 2011. Although this practice successfully realized substantive justice, it inherently creates a systemic implication in the form of tension between judicial discretion and the principle of legal certainty, a pillar of the civil law system. It is concluded that the absence of a codified norm for the Justice Collaborator potentially threatens the consistency and predictability of criminal law, which, if not promptly addressed through reform, could risk the systemic delegitimization of the criminal justice system in the future. Therefore, this research recommends the urgent need for a comprehensive codification of the Justice Collaborator doctrine into the Penal Code and Law Number 8 of 1981 to align the needs of law enforcement with the maintenance of the principle of legality.]]>
<![CDATA[Legislative Authority and Equal Partnership: A Juridical Analysis of the Role of Regional Houses of Representatives in Regional Regulation Making ]]>
<![CDATA[Nirwan, Nirwan]]>;
<![CDATA[Fahmal, A. Muin]]>;
<![CDATA[Arif, Mohammad]]>
<![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.v7i1.482
<![CDATA[Although designed as equal partners, the relationship between the Regional House of Representatives and the regional head in the legislative function often lacks synergy, yielding problematic legal outcomes. This study aims to systematically analyze the legislative authority of the Regional House of Representatives throughout the entire cycle of Regional regulation-making. Additionally, this study examines the essential standing of the Regional House of Representatives in its relationship with the regional head. Employing a normative legal research method through the statute approach and the conceptual approach, this study analyzes relevant primary and secondary legal materials. The results indicate that the legislative authority of the Regional House of Representatives is comprehensively manifested in every stage of Regional Regulation-making. These stages begin with planning within the regional legislation program, extend to the formulation of the Academic Paper, joint deliberations, and conclude with enactment and promulgation, placing it as a non-subordinate authority holder. Furthermore, it is concluded that the standing of the Regional House of Representatives relative to the regional head is fundamentally that of an equal partnership. This stance is grounded in the principles of decentralization and balanced political legitimacy. This equal standing is concretely manifested through the execution of the tri-functional role of the Regional House of Representatives (legislative, budgetary, and oversight), which is supported by an effective mechanism of checks and balances. This article presents a juridical analysis framework for examining the critical points within the regional legislative cycle, providing a reference for institutional reform.]]>
<![CDATA[The Dialectic of Ishlah Principle: Contextualizing Reconciliation on the Dominant Factors of Divorce ]]>
<![CDATA[Rahim, Dinaryati]]>
<![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.v7i1.484
<![CDATA[The uniform application of mediation in divorce cases in Indonesia has proven unevenly effective, particularly when confronted with conflicts that undermine the essence of marriage, the sacred covenant (mitsaqan ghalizhan), such as domestic violence. Addressing this problem, this study critically analyses the dialectic between the imperative of the Reconciliation principle (ishlah) and the heterogeneity of factors that cause divorce. Employing a normative-qualitative legal research method and an Islamic legal philosophy approach, this study operationalizes the framework of the higher objectives of shari’ah (maqasid al-shari’ah) as its primary analytical tool. The findings reveal an apparent dichotomy. Mediation holds potential for success in functional-relational conflicts, such as economic factors and persistent disputes (syiqaq). However, it proves ineffective and philosophically inappropriate in cases of fundamental violations like domestic violence and infidelity, as it contradicts the objective of the preservation of life (hifz al-nafs). This research concludes that the paradigm of success in mediation must be reconceptualized. It must shift from merely achieving a formal marital reunion (rujuk) to realizing an amicable divorce (tasrihun bi ihsan), wherein a peaceful agreement on post-divorce rights becomes the primary metric. Therefore, the development of conflict typology-based mediation guidelines is recommended to align legal practice with substantive justice.]]>
<![CDATA[Ethics and Law of Personal Data Protection for Smartwatches in the Healthcare Sector ]]>
<![CDATA[Irwanto, Hartono Tasir]]>;
<![CDATA[Wiranti, Wiranti]]>;
<![CDATA[Dahlan, Muhammad Fitratallah]]>;
<![CDATA[Kadir, Nadiah Khaeriah]]>
<![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.v7i1.489
<![CDATA[The rapid adoption of smartwatches in the healthcare sector presents a fundamental duality between the potential for medical innovation and systemic risks to the right to privacy. This research aims to critically analyze the juridical-ethical gap between the health data governance practices of the smartwatch industry and the normative standards mandated by Law Number 27 of 2022. Using a normative legal research method and a gap analysis approach, this study dissects how industry practices systematically create a transparency deficit and devalue the meaning of informed consent into an illusory agreement. The analysis reveals a diametrical opposition between the regulatory ideal (das sollen), which prioritizes user autonomy, and the reality of industry practices (das sein), which are driven by commercial interests and formalistic compliance. This gap not only exposes users to data exploitation but also challenges the effectiveness of Law Number 27 of 2022 in addressing the complexity of wearable technology. Therefore, this research recommends a paradigm shift from the fragile consent-based model to a rights-based model. Furthermore, it urges the formulation of specific implementing regulations for the health technology sector to bridge the existing gap and build a fair and accountable digital ecosystem.]]>
<![CDATA[Evidentiary Strength of Land Ownership Certificates: An Analysis of Judicial Considerations in Supreme Court Decision Number 3762 K/Pdt/2022 ]]>
<![CDATA[Ardiansyah, Aldi]]>;
<![CDATA[Akbar, Muhammad Gary Gagarin]]>;
<![CDATA[Abas, Muhamad]]>
<![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.v7i1.463
<![CDATA[The Land Ownership Certificate, as a manifestation of formal legal certainty, often clashes with substantive justice, particularly when its acquisition process is based on an unlawful act. This fundamental problem is central to Supreme Court Decision Number 3762 K/Pdt/2022. The decision contrasts a claim based on hereditary rights and physical possession with ownership based on a certificate originating from a juridically flawed transaction. This research aims to critically evaluate the appropriateness of the Supreme Court’s considerations in that decision. Using a normative juridical method enriched by critical discourse analysis and John Rawls’s theory of justice, this study deconstructs the paradigmatic dialectic between the judex factie and the judex juris. The analysis reveals that the decisions of the judex factie (District Court and High Court) tended to adopt a progressive approach by prioritizing material truth. In contrast, the Supreme Court applied a rigid legal positivism paradigm, protecting the certificate’s formal validity without conducting a substantial validity test of its acquisition process. It is concluded that while doctrinally justifiable, the Supreme Court’s decision is fundamentally unjust. It sacrifices the rights of the heir as the most vulnerable or least advantaged party and implicitly legitimizes the outcome of an illegality. This decision sets a dangerous precedent that reduces legal certainty to mere procedural formality and negates the law’s objective of achieving substantive justice in agrarian disputes.]]>
<![CDATA[The Paradox of Mineral Downstreaming: An Economic Analysis of Mining Regulatory Disharmony in Indonesia ]]>
<![CDATA[Pohan, Choirul Rohmiyanti]]>;
<![CDATA[Sugiarto, Laga]]>;
<![CDATA[Hidayat, Arif]]>;
<![CDATA[Martitah, Martitah]]>
<![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.v7i1.465
<![CDATA[Although Indonesia’s mineral downstreaming policy aims to enhance value added, its implementation is impeded by fundamental regulatory disharmony. This study aims to evaluate the legal framework of the downstreaming policy to identify inconsistencies and to examine its substantive provisions from an EAL perspective. Employing an interdisciplinary legal research method, this study applies a RIA framework to analyze secondary data comprising statutory instruments and relevant literature. The findings reveal that the policy’s legal framework, while vertically coherent, suffers from severe horizontal disharmony with environmental and spatial planning laws. This disharmony is proven to create significant economic inefficiencies, negative externalities, and high-cost legal uncertainty. The study concludes that active regulatory intervention is a necessity. Therefore, a multi-track strategy is recommended: first, the issuance of precise implementing regulations as a short-term solution; second, the parallel strengthening of non-regulatory interventions; and third, a long-term legislative harmonization agenda.]]>
<![CDATA[Gender Justice in Sighat Taklik Talak: Towards Equal Legal Protection for Husband and Wife in Indonesia ]]>
<![CDATA[Amelia, Noor Izzati]]>;
<![CDATA[Syaikhu, Syaikhu]]>;
<![CDATA[Maulana, Anas]]>
<![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.v7i1.466
<![CDATA[The practice of sighat taklik talak in Indonesian marriage law exclusively grants the right of pronouncement to the husband, creating an imbalance in legal protection and contradicting the constitutional principle of gender equality. This research aims to analyze the ambiguous legal position of sighat taklik talak critically and to deconstruct the gender injustice embedded within it, in order to formulate an argument for legal reform towards a reciprocal model. Employing a normative juridical research method with statutory, conceptual, and historical approaches, this study analyzes primary and secondary legal materials through systematic and teleological interpretation. The findings indicate that the legal position of sighat taklik talak is problematic. While the instrument is recognized by the Compilation of Islamic Law, it misaligns with the principle of consensualism in civil law. More fundamentally, its unilateral nature creates legally legitimized gender-based discrimination by denying an equivalent protection mechanism for the husband. It is concluded that the current practice does not reflect substantive justice. Therefore, regulatory reform of sighat taklik talak is a juridical imperative to transform it into a reciprocal protection agreement that guarantees legal certainty and equality for both husband and wife.]]>
<![CDATA[The Dynamics of Rights and Obligations in Long-Distance Marriages: An Islamic Law Perspective on a Case Study in Palangka Raya City ]]>
<![CDATA[Rizky, Ghina Aulia]]>;
<![CDATA[Syaikhu, Syaikhu]]>;
<![CDATA[Ahmad, Sabarudin]]>
<![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.v7i1.467
<![CDATA[Long-distance marriage presents serious challenges to the fulfillment of spousal rights and obligations, potentially triggering conflict and household disintegration. This study aims to conduct an in-depth analysis of these dynamics through a qualitative-empirical case study of a couple in Palangka Raya City. Data were collected through in-depth interviews, observation, and documentation, and subsequently analyzed interpretively using the frameworks of the Compilation of Islamic Law and Maqāṣid al-Syarī’ah. The key finding of this research reveals that the husband’s sustained failure to fulfill his obligation of financial support triggered an extreme role reversal, wherein the wife became the sole financial provider. This imbalance became the root of communication erosion, the creation of emotional distance, and the accumulation of conflicts culminating in divorce. It is concluded that the marital disintegration was not caused solely by physical distance; the primary factor was the couple’s inability to renegotiate their roles and responsibilities equitably. This situation, both juridically and philosophically, contradicts the principles of justice and benefit in Islamic family law. This research contributes fundamental empirical data to the contemporary discourse on fiqh concerning modern marriage.]]>
<![CDATA[Integration of Anti-SLAPP in the Reform of the Indonesian Criminal Procedure Code in an Effort to Protect Human Rights ]]>
<![CDATA[Muhni, Afif]]>;
<![CDATA[Basri, Muhammad]]>;
<![CDATA[Rivanie, Syarif Saddam]]>;
<![CDATA[Iskandar, Ismail]]>;
<![CDATA[Muin, Audyna Mayasari]]>;
<![CDATA[Mirzana, Hijrah Adhyanti]]>
<![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.v7i1.485
<![CDATA[Public participation in Indonesia faces a threat of systematic criminalization due to a procedural legal vacuum in Law Number 8 of 1981. This loophole enables the abuse of the legal process through SLAPP, a practice that silences critical voices and delegitimizes the constitutional guarantees for Human Rights. This study aims to analyze the urgency of and formulate a normative framework for comprehensively integrating an Anti-SLAPP mechanism into the Criminal Procedure Code Bill. Using a normative legal research approach, this study examines the disharmony between substantive protection norms and the absence of procedural enforcement instruments. The analysis reveals that without an early screening mechanism, a rule for shifting the burden of proof, and the recognition of a public interest defense, Law Number 8 of 1981 structurally fails to protect citizens. Therefore, this study recommends the integration of an inclusive and non-sectoral Anti-SLAPP mechanism into the Criminal Procedure Code Bill, designed to protect not only conventional activism but also participation in the digital space. This step is a fundamental prerequisite for strengthening the rule of law, fulfilling commitments to SDG 16, and ensuring the resilience of Indonesian democracy in the future.]]>
<![CDATA[The Crime of Kidnapping with Aggravation According to Islamic Criminal Law ]]>
<![CDATA[Afrianti, Tika]]>;
<![CDATA[Lubis, Syaddan Dintara]]>
<![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.v7i1.492
<![CDATA[The fragmentation of regulations on the crime of kidnapping within the Indonesian legal system—scattered across the Penal Code and sectoral laws—creates normative inconsistencies that risk injuring legal certainty. This condition necessitates a more coherent penal framework that is substantively just. On the other hand, Islamic criminal law (fiqh jinayah) categorizes kidnapping (ikhtithaf) as a ta’zir offense, which offers a flexible sanctioning mechanism based on the principles of maqashid syariah. This research offers a comparative analysis to bridge these normative inconsistencies by introducing the sanction aggravation framework of fiqh jinayah as a critical evaluative lens. Using a normative juridical method with statutory, conceptual, and comparative law approaches, this study analyzes primary and secondary legal materials from both legal traditions. The findings reveal a fundamental philosophical difference: positive law applies a rigid, procedurally-oriented system of sanction gradation, whereas fiqh jinayah provides a holistic and adaptive framework for punishment aggravation based on substantive justice. This penal model in fiqh jinayah is dynamically determined by the degree of violation against the protection of life (hifz al-nafs), lineage (hifz al-nasl), and property (hifz al-mal), while comprehensively considering victim characteristics, the modus operandi, and the consequences inflicted.]]>
