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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 7 Documents
 1 
Search results for , issue "Vol 8 No 1: April - September 2026" : 7 Documents clear
Juridical Review of the Transformation of the Pledge Concept into a Bullion Bank by PT Pegadaian Indonesia Based on FSA Regulation Number 17 of 2024 Rechta Yoga Pratama; Nourma Dewi; Yulian Dwi Nurwanti
SIGn Jurnal Hukum Vol 8 No 1: April - September 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v8i1.644

Abstract

Macroeconomic dynamics drive the ontological transformation of gold from a mere static physical security to a digital-scale active financial instrument. This shift is legitimized by Law Number 4 of 2023 and FSA Regulation Number 17 of 2024, which grant PT Pegadaian authority to operate as a Bullion Bank. This research aims to analyze the juridical transformation of the pledge concept into Bullion Bank services and to evaluate the legal implications and customer protection vulnerabilities. This normative legal research utilizes the statute and conceptual approaches, which are analyzed prescriptively through grammatical and systematic interpretations of this legal relationship shift. The research results confirm that PT Pegadaian has essentially executed an intermediation function identical to banking through the unallocated account scheme. However, this authority expansion triggers legal implications, including potential disharmony with sectoral commodity trade regulations, threats of intellectual property disputes over the database system, and unpreparedness of the global standard-compliance infrastructure. The most crucial finding is the existence of a legal vacuum due to the absence of a specific deposit guarantee mechanism for precious metal commodities, leaving customers at the highest level of vulnerability in the event of operational failure. Therefore, this research concludes that the government should immediately formulate a regulation guaranteeing gold commodity deposits. Furthermore, the corporate entity is obligated to implement the transparency obligation of periodic gold reserve audits, which must be accompanied by enhanced public financial literacy to ensure the sustainability of an equitable investment ecosystem.
Human Rights Protection in the Digital Sphere: The Problematics of Legal Certainty and Its Relevance to the SDGs Yosua Nicholas Tan; Abdurrakhman Alhakim; Nurlaily Nurlaily
SIGn Jurnal Hukum Vol 8 No 1: April - September 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v8i1.652

Abstract

The transformation of digital technology creates a conflict between the guarantee of freedom of expression and the protection of the right to privacy within the national legal system. The reform of electronic regulations has been shown to leave grammatical weaknesses, such as multi-interpretable provisions, ambiguity in protection instruments for human rights defenders, and a vacuum of norms for responding to artificial intelligence innovations. This research aims to evaluate the challenges of legal certainty in the governance of the digital sphere in Indonesia and to develop a harmonization framework for national legal instruments to align with the SDG targets. This research is a normative legal study applying the statute and conceptual approaches to qualitatively analyze legal materials through grammatical and systematic interpretation. The research results show that existing regulations fail to provide legal certainty because there is no absolutely independent supervisory authority. The subordination of the data protection supervisory institution to executive power undermines the objectivity of sanction enforcement and reveals structural flaws that contradict the principle of global institutional justice. Therefore, lawmakers are recommended to immediately overhaul the supervisory authority’s design to make it independent and mandate the implementation of human rights impact assessments for all electronic system operators to realize an equitable digital ecosystem.
Legal Analysis of Criminal Liability for Theft of State-Owned Enterprise Assets: A Study of Pekanbaru District Court Decision Number 1008/Pid.B/2025/PN Pbr Milda Wahyuni; Zainal Abidin Pakpahan; Muhammad Yusuf Siregar
SIGn Jurnal Hukum Vol 8 No 1: April - September 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v8i1.675

Abstract

This research is motivated by the phenomenon of crimes against state vital infrastructure components, which are frequently subjected to minimalist sentencing decisions by judicial institutions, thereby undermining the protection of public strategic assets. The primary problem in this study centers on the anomaly of sentencing disparity in Decision Number 1008/Pid.B/2025/PN Pbr. In this case, the criminal act of dismantling the bolts of a transmission tower owned by PT PLN was only punished with a criminal sanction of one year and ten months of imprisonment. The objective of this research is to dogmatically analyze the offender’s criminal liability based on Article 363 section (1) point 5 juncto Article 64 section (1) of the Penal Code, and to criticize the rationality of the judge’s reasoning applying the rehabilitative theory (verbeteringstheorie) to an adult offender. Utilizing the normative juridical research method with a case and statute approach, legal materials were analyzed qualitatively and normatively through deductive syllogistic reasoning. The research results indicate that the public prosecutor successfully proved all elements of aggravated theft and of a continuous act. However, a systemic failure was discovered, originating in the public prosecutor’s low criminal demand, which was subsequently exacerbated by the judge’s logical-reasoning fallacy in manipulating the profile of the 37-year-old defendant as a young individual to justify leniency. The research conclusion affirms that the application of the rehabilitative theory to a mature adult executing a premeditated crime repetitively injures public justice and undermines the deterrent function of criminal law. The implications of this research demand a paradigm shift for law enforcement officers and the issuance of specific prosecution guidelines to ensure maximum protection of national vital objects.
Legal Analysis of Child Sexual Abuse through Grooming: A Study of Rokan Hilir District Court Decision Number 410/Pid.Sus/2025/PN Rhl Sophian Parbue Simamora; Risdalina Risdalina; Kusno Kusno
SIGn Jurnal Hukum Vol 8 No 1: April - September 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v8i1.676

Abstract

The phenomenon of child sexual offenses disguised behind a romantic narrative or dating constitutes a serious challenge for law enforcement in Indonesia. The child’s consent is frequently misinterpreted as grounds for abolishing the penalty in such cases. This research aims to analyze the legal construction in Decision Number 410/Pid.Sus/2025/PN Rhl. The decision penalizes the perpetrator of child sexual intercourse although the Child Victim actively lied to their parents in order to meet the perpetrator. This research employs a normative legal research method through the statute and case approaches. This research examines the judicial interpretation regarding the grooming element and the application of the voortgezette handeling doctrine in sentencing. The analysis results indicate that the judge progressively constructed the promise of marriage as a form of deceit that paralyzes the child’s critical reasoning. Therefore, the given consent is deemed vitiated. However, this research also found a gap in substantive justice due to the absence of restitution imposed on the Defendant. This reflects the persisting strength of the retributive paradigm compared to the restorative paradigm within the juvenile criminal justice system. It is concluded that although a custodial sentence was imposed, the state failed to execute its constitutional obligation to comprehensively restore the rights of the victim. This research recommends a reform of the prosecution paradigm in which the Prosecutor and the Judge actively demand and adjudicate restitution ex officio. Furthermore, integrating a victim impact statement is essential to accurately assess the victim’s actual damages and achieve comprehensive justice.
The Paradox of Decentralization in Local Innovation Governance: An Analysis of Vertical Regulatory Synchronization in Serdang Bedagai Regency Tiar Abdul Rahmat Pangaribuan; Atikah Rahmi
SIGn Jurnal Hukum Vol 8 No 1: April - September 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v8i1.666

Abstract

Legal certainty is a fundamental prerequisite for implementing decentralized governance, particularly to ensure protection for the apparatus in developing public service innovations. However, regulatory fragmentation often leads to overlapping authority and administrative uncertainty at the local level. This research aims to examine the legal certainty construction of innovation through a vertical synchronization test of Regulation Number 20 of 2021, and to evaluate its sociological implications on the fluctuation of regional innovation performance. This research employs a normative legal method calibrated with policy evaluation through statutory and conceptual approaches, and analyzes Regional Innovation Index data for the 2020 to 2025 period. The analysis results indicate that the Regent Regulation suffered multilayered substantive defects over time. In the initial formulation phase, the budget deprivation threat sanction for innovations deemed unsuccessful contradicted the apparatus protection principle under Law Number 23 of 2014. Furthermore, the local government has been found to have committed legislative omission by failing to amend the Regent Regulation to accommodate the updates to the institutionalization obligation and affirmative financing guarantees mandated following the promulgation of Ministerial Regulation Number 91 of 2021 and Governor Regulation Number 3 of 2022. Factual evidence confirms that this static and defective legal formulation triggered a climate of bureaucratic fear, resulting in a drastic decline in the regional innovation score in the first year of the regulation’s implementation and subsequent stagnation. In conclusion, punitive innovation regulations that are unresponsive to hierarchical updates have degraded the essence of regional autonomy and created a governance paradox. Therefore, the revocation of the administrative sanction clause and the execution of the institutionalization amendment must be executed to restore a safe authorizing environment for experimental legislation.
Restriction of Civil Liability for Beneficial Owners in Bankruptcy Disputes Arising from Homologation Default: An Analysis of the Separate Corporate Veil Doctrine Keisha Nadine Sastraatmaja; Laela Kuwayyis Wijaya; Maheswari Queena Dewani; Thenezia Tania Tirajoh; Valence Deanthony Dior; Wilhelmina Setia Atmadja
SIGn Jurnal Hukum Vol 8 No 1: April - September 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v8i1.671

Abstract

The bankruptcy of PT Sritex, resulting from a homologation default, has sparked a debate over creditors’ efforts to demand liability beyond the protective boundaries of the corporate entity. This research aims to critically examine the limitations of separate corporate veil protection and analyze the position of beneficial owners in bankruptcy disputes arising from debt restructuring failure. Through normative legal research employing statutory, conceptual, and case approaches, the analysis is conducted deductively using the legal hermeneutics method to examine civil regulatory instruments. The research findings show that the annulment of homologation constitutes a mere civil default that does not immediately deprive the legal entity of its independence. Contract creditors are hindered by an absolute burden of proof, under which the piercing of the corporate veil doctrine is rejected without material evidence of unlawful acts or the misuse of the corporate entity. Furthermore, the beneficial owner status is dogmatically identified exclusively as an administrative compliance instrument within the public law domain. This administrative determination lacks the juridical force to annul the limited liability principle in civil bankruptcy without the proof of actual loss causality. In conclusion, the debt liability of a bankrupt company cannot be automatically imposed on the personal wealth of shareholders or beneficial owners. This legal certainty demands that the judiciary tighten evidentiary standards to protect the limited-risk investment climate in Indonesia.
Legal Consequences of a Morally Defective (Fasiq) Instrumental Witness on the Execution of Sharia Financing Collateral: A Comparative Approach Nurluna Siti Syarah; Agung Iriantoro; Ricca Anggraeni
SIGn Jurnal Hukum Vol 8 No 1: April - September 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v8i1.672

Abstract

The disparity in the position of the instrumental witness in the creation of Sharia financing deeds originates from the collision between the formal rationality of positive law and the ontological values of Islamic law. Notarial practice tends to be oriented towards fulfilling administrative requirements without burdening the witness with material liability, whereas Islamic law absolutely demands the ‘adalah (highest moral integrity) qualification. This research aims to examine the dogmatic comparison of the instrumental witness position in both legal regimes and analyze its implications on the validity of the contract and the executory force of the Mortgage Right collateral. This research is a normative juridical study that utilizes the statutory, conceptual, and comparative approaches. The research results indicate that the use of a witness with defective moral integrity (fasiq) degrades the evidentiary power of the deed into a private deed under positive law and renders the contract status fasid (attributively defective making it voidable) under Islamic law. The dogmatic consequences of this double defect in the principal agreement are fatal for the accessory instrument. The Mortgage Right guarantee certificate automatically loses its theological legitimacy foundation, thus becoming paralyzed in executing parate executie (direct execution clause) at the Religious Court. In conclusion, disregard for witness integrity undermines the entire legal protection framework for the creditor. Therefore, integrating the fiqh muamalah (Islamic commercial jurisprudence) into notarial technical guidelines is necessary to prevent administrative malpractice and safeguard the validity of Sharia economic transactions.

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