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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
The Paradox of Rebus Sic Stantibus Principle: The Dialectic between Stability and Flexibility in Contemporary International Treaty Law Ardiansyah, Ardiansyah; Samad, Rezki Purnama; Sutiyono, Rahmat
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.v7i1.494

Abstract

International treaty law confronts a fundamental dialectic between the stability guaranteed by the principle of pacta sunt servanda and the demand for flexibility driven by disruptive global dynamics. The principle of rebus sic stantibus serves as a theoretical safety valve to ensure justice. In practice, however, it has become a paradox: a doctrine that is formally recognized yet rendered virtually inaccessible by highly restrictive interpretations. Through normative legal research employing statute, conceptual, and jurisprudential analysis approaches, this study examines the legal architecture and judicial practice that shape this doctrine. The analysis reveals that its codification in Article 62 of the 1969 Vienna Convention deliberately established onerous cumulative conditions. This policy is reinforced by the judicial practice of the International Court of Justice, which has consistently rejected claims of a fundamental change of circumstances in key cases. It creates a significant chasm between the doctrine’s theoretical existence as an instrument of justice and the reality of its severely limited application, establishing it as a ‘sleeping giant’ within the international legal order. This study concludes that this rigidity threatens the relevance of treaty law in responding to contemporary crises, such as systemic climate change and technological disruption. Therefore, this study recommends a renewed discourse on a more dynamic interpretation to rebalance stability with justice.
Juridical Implications of Constitutional Court Decision Number 105/PUU-XXII/2024 Regarding Freedom of Expression in the Digital Space Chariansyah, Hery
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.v7i1.498

Abstract

Constitutional Court Decision Number 105/PUU-XXII/2024 emerges as a crucial judicial intervention amid an Indonesian digital legal landscape characterized by the widespread criminalization of freedom of expression through vaguely worded articles in Law Number 11 of 2008 and its amendments. This research aims to comprehensively analyze the juridical implications of this decision, evaluate its consistency with constitutional norms and international human rights standards, and map its implementation challenges and prospects for future legal reform. Utilizing a normative legal research method that integrates statute, case, and comparative approaches, this study deeply dissects the legal reasoning (ratio decidendi) of the Constitutional Court and its impact on the legal system. The findings indicate that this decision fundamentally transforms the crime of defamation into an absolute complaint-based offense that purely protects individual honor. It significantly strengthens legal protection for public criticism and the democratic oversight function of citizens. It was also found that the decision is fully aligned with the constitutional guarantees in the 1945 Constitution and consistent with the principles of necessity and proportionality within the ICCPR. It is concluded that although the ruling represents a monumental advancement, its implementation faces serious challenges. These challenges include a legal vacuum concerning the protection of institutional reputation and the urgent need for a cultural shift within law enforcement agencies, thereby necessitating that this decision be leveraged as momentum for a broader digital law reform agenda.
Non-Standard Employment Relationships in the Digital Era: A Normative Study on the Regulatory Void in Protecting Ride-Hailing Drivers Fransisco, Fransisco; Nugroho, Any; Natania, Elsa Beatris Rut
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.v7i1.503

Abstract

Amid the massive expansion of the digital economy, millions of ride-hailing drivers in Indonesia work under conditions of legal vulnerability due to the use of a ‘partnership’ scheme that systematically conceals a genuine employment relationship. This phenomenon has created a fundamental regulatory void, wherein the national labor law framework fails to provide adequate protection. This research aims, first, to critically analyze the legal character of the relationship between drivers and platforms, and second, to examine the incompatibility of this partnership model with the principles of Indonesian industrial relations. Through a normative legal research method using statutory, conceptual, and comparative approaches, it was found that the ‘partnership’ label is proven to be a legal fiction. Substantively, the three elements of an employment relationship (work, wages, and orders) as stipulated in Law Number 13 of 2003 have been fulfilled. The element of ‘orders’ is strongly manifested through the mechanism of digital subordination or algorithmic management. This denial of legal status directly erodes the foundations of worker protection, nullifying access to social security, fair dispute resolution mechanisms, and the right to associate. Therefore, this research asserts that the relationship is a disguised employment relationship that demands decisive state intervention. A fundamental legislative reform of Law Number 13 of 2003 is necessary to respond to the dynamics of digital work in a fair and socially just manner.
Judicial Diagnostic Failure: A Deconstruction of Disharmony as a Rationale in Employment Termination Rulings Siddik, Mahfud
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.v7i1.512

Abstract

Industrial relations jurisprudence in Indonesia is confronted by a critical anomaly: the normalisation of using “disharmony” as a rationale to legitimise employment termination—a legal ground not enshrined in labour legislation. This research aims to critically deconstruct the judicial diagnostic failure inherent in this practice. It conducts an in-depth analysis of the ratio decidendi of Court Decision Number 143/Pdt.Sus-PHI/2016/PN.Bdg juncto Supreme Court Decision Number 786 K/Pdt.Sus-PHI/2017 as a central case study. Employing a normative legal research method that combines statute and case approaches, this study examines the judicial logic and its underlying philosophical considerations. The research reveals that “disharmony” is not a valid legal cause; instead, it is merely a symptom of a deeper industrial conflict. The fatal judicial error lies in the failure to test the conflict’s root cause against the exhaustive list of grounds for termination stipulated in the law. Furthermore, the study deconstructs how the principle of utility is misinterpreted as a pragmatic justification for unethical behavior. This interpretation, framed by Radbruch’s theory of legal objectives, ironically sacrifices the pillars of legal certainty and justice. The findings confirm that normalizing the “disharmony” rationale sets a dangerous precedent that undermines the rule of law and the principle of worker protection. This research also offers an analytical framework for future judicial practice to prevent the recurrence of similar failures, particularly within the post-Job Creation Law legal regime.

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