cover
Contact Name
Abd Kahar Muzakkir
Contact Email
muzakkir.abd.kahar@gmail.com
Phone
+6282291222637
Journal Mail Official
signjurnalhukum@gmail.com
Editorial Address
Jl. Muh. Jufri No. 1 Tallo, Makassar, Sulawesi Selatan, Indonesia, 90215
Location
Kota makassar,
Sulawesi selatan
INDONESIA
SIGn Jurnal Hukum
ISSN : 26858614     EISSN : 26858606     DOI : https://doi.org/10.37276/sjh.v4i1
Core Subject : Social,
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 208 Documents
Penerapan Keadilan Restoratif bagi Penyalahguna Narkotika: Studi Kasus di Kejaksaan Negeri Takalar Resky Ayu Lestari; Syarif Saddam Rivanie; Slamet Sampurno Soewondo
SIGn Jurnal Hukum Vol 5 No 1: April - September 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v5i1.275

Abstract

This research aims to examine and analyze how the Takalar Public Attorney’s Office applies the Guidelines of Attorney General Number 18 of 2021. This research uses an empirical legal research method. All collected data is then qualitatively analyzed to describe the problem and answer the research objectives. The results show that Sofyan Setiawan’s case is the sole example of implementing restorative justice, aligning with the Guidelines of Attorney General Number 18 of 2021 at the Takalar Public Attorney’s Office. The entire legal process, from the drafting of the legal opinion by the Public Prosecutor to the issuance of Letter Number B-230/P.4.32/Es.1/08/2022 by the Head of the Takalar Public Attorney’s Office, demonstrates compliance with formal and material completeness. Instructions for resolving the case were subsequently forwarded to the High Attorney’s Office of South Sulawesi. The progression to restorative justice was documented in Letter Number R-/P.4.4/Enz.1/08/2022, issued by the Assistant for General Crimes on behalf of the Head of the High Attorney’s Office of South Sulawesi. Sofyan Setiawan then effectively underwent rehabilitation from August 3 to December 3, 2022, at the Baddoka Narcotic Rehabilitation Center in Makassar. Therefore, several recommendations can be proposed to the relevant stakeholders. First, the Head of the Takalar Public Attorney’s Office and the High Attorney’s Office of South Sulawesi should collaborate to identify the formal and material completeness criteria enabling broader implementation of restorative justice. Second, the Assistant for General Crimes and the Public Prosecutor are advised to develop a systematic evaluation mechanism to assess the effectiveness of rehabilitation as one of the options for resolving narcotic criminal cases. Third, the Baddoka Narcotic Rehabilitation Center in Makassar and relevant institutions in Makassar are recommended to enhance the capacity of their facilities and rehabilitation services, especially considering the high number of narcotic cases. These measures aim to improve the effectiveness and scope of restorative justice in handling similar cases in the future.
Jual Beli Kapal Laut di Atas Ukuran GT-7 Tanpa Akta Autentik di Kabupaten Morowali Utara Ince Mochamad Arief Ibrahim; Winner Sitorus; Aulia Rifai
SIGn Jurnal Hukum Vol 5 No 1: April - September 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v5i1.280

Abstract

This research aims to discern and analyze the legal repercussions of selling and purchasing ships over GT-7 size without authentic deeds. This research uses an empirical legal research method. All collected data is then qualitatively analyzed to describe the problem and answer the research objectives. The results show that the preference of the North Morowali community leans more towards the use of receipts as evidence of the sale and purchase of ships over GT-7 size, compared to the formal mechanism of a deed of sale and purchase executed before a Notary. As a result, five ships over GT-7 size operate without Port Clearance, which inevitably places the ship’s captain in a vulnerable position regarding criminal punishment: a maximum imprisonment of five years and a fine of up to IDR 600,000,000. Furthermore, the sale and purchase of ships over GT-7 size without authentic deeds have also resulted in ownership disputes among the local community, as the gross deed of ship registration still lists the previous owner’s identity. Therefore, several recommendations can be proposed to the relevant stakeholders. First, the Harbor Master of Kolonodale Port should conduct intensive socialization regarding the importance of the deed of sale for ships over GT-7 size executed before a Notary. This socialization aims to ensure the clear legal status of ships, raise public awareness about safety and seaworthiness, and prevent potential criminal punishment risks for the captain. Second, as Government Officials, the Ship Registration Officer and Ship Name Transfer Recorder should collaborate with legal institutions to review ships operating in Indonesian waters without Port Clearance. Lastly, Law Enforcement should adopt a mediation approach in resolving ship ownership disputes, prioritizing aspects of justice and truth, thereby preventing further losses for the Northern Morowali community.
Pelaksanaan Hukuman Kebiri Kimia: Perspektif Hukum Pidana dan Hak Asasi Manusia Nasrullah Nasrullah
SIGn Jurnal Hukum Vol 4 No 2: Oktober 2022 - Maret 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v4i2.282

Abstract

This study aims to understand and analyze how chemical castration aligns with Indonesia’s criminal law framework and human rights principles. This study uses normative legal research methods with the statute and conceptual approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that chemical castration punishment, as regulated in Government Regulation in Lieu of Law Number 1 of 2016 and Government Regulation Number 70 of 2020, was established as a preventive measure against child sexual abuse. However, the relevance of this punishment must be viewed from two primary perspectives: criminal law and human rights. From the criminal law perspective, chemical castration serves the functions of retribution, rehabilitation, and deterrence, working synergistically to offer optimal protection for children from sexual violence. Meanwhile, from a human rights standpoint, there’s a critical need to ensure child protection without sidelining the human rights principles outlined in the UDHR, the 1945 Constitution, and Law Number 39 of 1999. Therefore, several recommendations regarding a comprehensive evaluation of the implementation of chemical castration punishment can be proposed to the Government. First, even though this policy aims to prevent child sexual abuse, an in-depth study from the criminal law viewpoint must be reinforced to ensure the effectiveness of the punishment’s three main functions: retribution, rehabilitation, and deterrence. Secondly, a review from the human rights perspective is equally essential. This policy must be ensured to align with the human rights principles embedded in the UDHR, the 1945 Constitution, and Law Number 39 of 1999. As a result, concrete steps such as amendments, law enforcement training, and public education are vital to optimize the chemical castration punishment in safeguarding children without neglecting human rights.
Peningkatan Perdagangan Anak di Makassar: Sebuah Analisis Kriminologi Nasrullah Nasrullah
SIGn Jurnal Hukum Vol 5 No 1: April - September 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v5i1.284

Abstract

This research analyzes the factors contributing to escalating child trafficking activities in Makassar. This research uses an empirical legal research method with a criminology-based approach. All collected data is then qualitatively analyzed to describe the problem and answer the research objectives. The results show that the incidence of child trafficking in Makassar has escalated due to the complexity of multiple factors, including economic, community, education, social, gender inequality, technology, and law enforcement. Therefore, several recommendations can be proposed to the relevant stakeholders. First, the Makassar Municipal should consider implementing economic stabilization programs centered on protecting vulnerable children and families. Second, the development and enhancement of education quality should be prioritized, aiming to augment access to knowledge and awareness about children’s rights. Additionally, efforts to reduce poverty and promote gender equality must be intensified to prevent the exploitation of women and children. Third, the government and tech regulators must devise and implement policies to curb the misuse of social media in the context of child trafficking. Lastly, there must be an enhancement in law enforcement involving the optimization of the PPA Unit in its investigative role. Concurrently, inclusive and comprehensive legal reforms should be pursued to fortify the child protection system and mitigate the multifaceted factors exacerbating child trafficking in Makassar.
Peraturan Kepegawaian di Sekretariat Komisi Kejaksaan Republik Indonesia Johannes Ronald Elyeser Roparulian Hutagalung
SIGn Jurnal Hukum Vol 5 No 1: April - September 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v5i1.286

Abstract

This study aims to examine the normativity of the Non-State Civil Apparatus in supporting the duties and functions of the Attorney Commission and analyze the Secretariat’s personnel normativity based on Ministerial Letter Number B/185/M.SM.02.03/2022. This study uses normative legal research with a statute approach. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that the Technical Service Division of the Secretariat provides adequate technical support for addressing the behavior and performance of 28,435 Prosecutors and the Attorney General’s Office personnel. Meanwhile, the existence of six Legal Product Analysts and two Office Administrative Staff as Non-State Civil Apparatus interacting directly with the Technical Service Division of the Secretariat becomes vulnerable due to Ministerial Letter Number B/185/M.SM.02.03/2022. This letter, restricting government personnel professions to only Civil Servants and PPPK, initiates a series of changes in human resource management targeted for completion by November 28, 2023. Therefore, Personnel Development Officers in the Coordinating Ministry and the Head of the Secretariat are recommended to promptly conduct a comprehensive evaluation of personnel structures and functions. Specifically, there need to be concrete steps to balance functional needs, such as increasing the number of personnel in the Secretariat. Furthermore, it is crucial to ensure the personnel transition for six Legal Product Analysts and two Office Administrative Staff so they can continue contributing where their personnel status does not conflict with Ministerial Letter Number B/185/M.SM.02.03/2022. Lastly, it would be prudent to implement a continuous evaluation mechanism, both in the short and long term, to monitor the effectiveness and efficiency of human resource management post-adaptation of the said policy.
Perlindungan Hukum terhadap Kekerasan Seksual pada Perempuan: Sebuah Studi Peraturan Perundang-Undangan Salwa Salsabilla; Imran Bukhari Razif; Ulil Albab
SIGn Jurnal Hukum Vol 5 No 2: Oktober 2023 - Maret 2024
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v5i2.288

Abstract

This study aims to examine the legal protection framework against sexual violence towards women based on Law Number 12 of 2022. This study uses normative legal research methods with a statute approach. These legal materials were collected through a systematic literature review. The results show that Law Number 12 of 2022 has introduced a new paradigm in enhancing legal protection for women victims of sexual violence. Law Number 12 of 2022 provides guarantees of protection and the fulfillment of rights for victims. It also emphasizes the proactive role of the state in assuring and implementing these rights. In providing safety-assuring assistance, the central and regional governments have a strategic role in administrating integrated services encompassing treatment, protection, and recovery for sexual violence victims. Therefore, it is recommended for stakeholders, especially the central and regional governments, to increase the intensity and quality of integrated services that encompass the treatment, protection, and recovery of victims of sexual violence, primarily women. Moreover, the relevant agencies must ensure that every victim has full access to the information and support required by the rights guaranteed by Law Number 12 of 2022. A close collaboration between the government, civil society organizations, and the community can reinforce the implementation of Law Number 12 of 2022. Lastly, educating the general public about protecting women from sexual violence should be continuously enhanced to foster an environment free from violence.
Perlindungan Hukum terhadap Korban Malapraktik Medis di Masa Pandemi COVID-19: Sebuah Studi Peraturan Perundang-Undangan Hasbuddin Khalid
SIGn Jurnal Hukum Vol 5 No 2: Oktober 2023 - Maret 2024
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v5i2.290

Abstract

This study examines the forms of legal protection available for victims of medical malpractice. This study uses normative legal research with a statute approach. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that the complexity of health service provision during the COVID-19 pandemic increases the risk of errors and medical malpractice. The Government has established a series of legal protections, including civil, criminal, and administrative, to facilitate victims of medical malpractice claim their rights. Civil legal protection ensures patients’ rights to seek compensation through out-of-court dispute resolution, such as negotiation, mediation, and arbitration. Meanwhile, criminal legal protection regulated punishments such as imprisonment or a fine for doctors proven guilty of medical malpractice. On the other hand, administrative legal protection provides a complaint mechanism for patients, ensuring that the Government and Honorary Council will impose administrative sanctions on doctors proven guilty of medical malpractice. Therefore, it is recommended that the Government continue strengthening and enhancing public awareness regarding patients’ rights and the available legal protection mechanisms, especially during the COVID-19 pandemic. This role is crucial for empowering the community to protect themselves from potential medical malpractice. Furthermore, healthcare personnel should be given maximum support through adequate facilities and equipment provision, as well as capacity enhancement through ongoing training and education, to enable them to provide optimal health services in the face of this pandemic challenge. In addition, there needs to be a strengthening of the monitoring system and legislation to prevent and effectively handle medical malpractice cases.
Peran, Hambatan, dan Tantangan Polisi Kehutanan di Wilayah Kerja RPH Pesapa Nasrullah, Nasrullah
SIGn Jurnal Hukum Vol 5 No 2: Oktober 2023 - Maret 2024
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v5i2.281

Abstract

This research examines the role of the Forestry Police and the obstacles and challenges they face in combating illegal logging in the Pesapa FMR’s Work Area. Employing empirical research methods, it utilizes primary and secondary data from April to June 2023 in Batulappa Sub-district, Pinrang Regency, Indonesia. The study then analyzes the acquired data qualitatively to describe the problem and answer the research objectives. The findings reveal that the Forestry Police in the Pesapa FMR’s Work Area encounter several obstacles and challenges in executing forest protection. These obstacles include limited functional officers and equipment, the extended area of the protection forest requiring safeguarding, and the Batulappa community’s lack of understanding about forest boundaries and functions. Another emerging factor is the suboptimal law enforcement by the Forestry Police, especially in illegal logging cases involving local communities. Therefore, the Head of the TIU of Sawitto FMU is recommended to increase the number of functional officers and ownership of Forestry Police equipment in the Pesapa FMR’s Work Area. Furthermore, a continuous education program on the importance of forest conservation and the dangers of illegal logging for the Batulappa community must also be implemented. The Local Government must also seek alternatives for agricultural and plantation land use. Lastly, the Forestry Police must show a more substantial commitment to handling illegal logging cases, reinforcing the Government’s dedication to forest protection.
Tanggung Jawab Ayah terhadap Pemenuhan Nafkah Anak Pasca Perceraian M. Adnan Lira
SIGn Jurnal Hukum Vol 5 No 2: Oktober 2023 - Maret 2024
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v5i2.291

Abstract

This study aims to understand responsibility and identify factors influencing a father’s inability to provide child support post-divorce. This study uses a normative legal research method. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that the primary responsibility for child support and education costs post-divorce lies with the father. The father’s failure to fulfill this responsibility results in serious consequences, both legally and socially. Factors influencing a father’s inability or failure include deteriorating economic conditions post-divorce, limited communication between father and child, and situations where the mother is financially more stable and takes over the role of providing child support. Therefore, it is recommended that relevant stakeholders develop policies and programs that support fathers post-divorce in meeting their responsibilities for child support and children’s educational expenses. It is vital to provide fathers access to economic resources, training, and legal assistance to help them overcome financial difficulties post-divorce. Additionally, there should be facilitation of more effective communication between father and child, involving counseling or family mediation. In situations where the mother has better financial stability, stakeholders should consider a balance in the division of child support responsibilities, enabling both parents to contribute according to their capabilities. This approach will help minimize negative impacts on the child and acknowledge the changing socio-economic dynamics post-divorce.
Akibat Hukum dari Perbuatan Melawan Hukum terhadap Bank dalam Transaksi Letter of Credit Manga, Angel Fransisca Christy; Dianti, Flora
SIGn Jurnal Hukum Vol 5 No 2: Oktober 2023 - Maret 2024
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v5i2.292

Abstract

This study aims to understand and examine the legal consequences of unlawful acts against banks involved in L/C transactions. This study uses a normative legal research method. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that Board Member Regulation Number 23/21/PADG/2021 demonstrates Indonesia’s legal adaptation to UCP 600 as the international standard in L/C transactions. UCP 600 emphasizes the principle of independence about the Bank’s role, which is limited to verifying L/C transaction documents. However, there is a risk of L/C Fraud, where the Issuing Bank has the right not to pay the Exporter if there are indications of fraud, by implementing the “Fraud Rule.” The approach to L/C Fraud varies across jurisdictions; in countries with civil law systems, such actions are often considered unlawful acts, while in countries like the United States, they are viewed as criminal acts. Therefore, it is recommended that relevant stakeholders enhance their understanding and compliance with UCP 600. Issuing Banks and Advising Banks need to develop more effective mechanisms for detecting and preventing L/C Fraud, considering the different legal approaches to L/C Fraud in various jurisdictions. Training staff on the nuances of L/C Fraud and how to identify it is also essential. Furthermore, resolving L/C disputes through civil law channels is considered more appropriate, given these transactions’ commercial and contractual nature. Stakeholders should collaborate to strengthen the legal framework and procedures that support the integrity and security of L/C transactions and to align practices with international standards to enhance trust and security in international trade.

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