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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 208 Documents
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Kebijakan Daftar Negatif Investasi di Indonesia: Tinjauan Mengenai Perdagangan Bebas dan Konservasi Spesies Ikan yang Terancam Punah Simbolon, Putu George Matthew
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.v5i2.297

Abstract

This study examines and analyzes the problems arising from the interaction between Indonesian investment measures and compliance with the international trade regime. 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 Indonesia has successfully justified the alignment of its Negative Investment List policy regarding endangered fish species, listed in Appendix I of CITES juncto Article XX of the GATT 1994. On another note, the Dispute Settlement Body may issue rulings with differing considerations. Nonetheless, the WTO Agreement and CITES are provisions established to provide adequate negotiation space for all their members. Thus, CITES and WTO member states should refrain from raising disputes over Indonesia’s investment measures if it restricts their economic interests and market access within Indonesia. Therefore, it is recommended that the WTO and CITES members recognize and appreciate the Negative Investment List policy in maintaining a balance between investment development and the protection of endangered fish species. Furthermore, stakeholders are urged to delve deeper into the principles and objectives of the WTO and CITES Agreements. Additionally, the members of the relevant organizations must collaborate in a spirit of solidarity and environmental awareness, prioritizing dialogue, consultation, and negotiation over dispute legal action that could complicate the situation. In this context, multilateral dialogue can serve as an effective platform for mediating diverse interests and seeking sustainable solutions that benefit the economy and the conservation of endangered fish species.
Analisis Yuridis terhadap Pelaksanaan Kewenangan Notaris dalam Pembuatan Akta yang Berkaitan dengan Pertanahan Ardhita, Bunga Cheta Kharisma; Yunanto, Yunanto
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.v5i2.298

Abstract

This study aims to examine and analyze the legal basis for determining the Notary Public’s authority to make deeds related to the land sector. 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 Notary Publics possess attributed authority in making deeds related to the land sector. Nevertheless, the scope of this authority is limited. This authority applies only as long as the deeds made do not fall within the scope of authority for making deeds by the Land Deed Official. Furthermore, Notary Publics, who also serve as Land Deed Officials within the same territorial jurisdiction, can make deeds related to the land sector. Therefore, it is recommended that the Legislature provide more detailed and specific clarification in Article 15 section (2) point f of Law Number 2 of 2014 regarding the specific scope of the Notary Public’s authority in making deeds related to the land sector. This clarification is essential to ensure that the attributed and limited authority of the Notary Public does not overlap with the authority of the Land Deed Official. Furthermore, it is recommended for both Notary Publics and Land Deed Officials to actively enhance their understanding and separation of authorities in accordance with their territorial jurisdiction and applicable legislation. This will help avoid confusion and conflicts in making deeds and ensure that both officials can perform their duties efficiently and effectively, in line with the realms and responsibilities established.
Urgensi Penetapan Peraturan Pemerintah tentang Pidana Kerja Sosial di Indonesia Berdasarkan KUHP Baru Laia, Filpan Fajar Dermawan
SIGn Jurnal Hukum Vol 6 No 1: April - September 2024
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v6i1.350

Abstract

This research aims to contribute by providing a conceptual framework for drafting government regulations on community service sentences from an Indonesian criminal law perspective while also drawing comparisons with practices in Canada and the Netherlands. A normative legal research method is employed, involving a qualitative analysis of the collected legal materials. The findings indicate that community service sentences in Law Number 1 of 2023 signify a paradigm shift in the Indonesian criminal justice system towards a more humane and restorative approach. Comparisons with Canada and the Netherlands offer valuable insights into the effective and just imposition of community service sentences. The principles of restorative justice and utilitarianism, along with the comprehensive regulations in the Canadian Criminal Code and the Wetboek van Strafrecht, can serve as references in formulating robust government regulations in Indonesia. The urgency of establishing these government regulations is underpinned by the need for legal certainty, human rights protection, and optimization of the benefits of community service sentences for convicted individuals, ensuring that this sentence is not merely an alternative punishment but also an effective instrument in achieving the rehabilitation and social reintegration of offenders. Therefore, it is recommended that the Government promptly formulate Government Regulations on community service sentences, considering best practices from other countries and paying attention to relevant laws. It is also recommended that the House of Representatives consider amending Law Number 8 of 1981 regarding the regulation of community service sentence implementation to ensure harmony and legal clarity between the Criminal Procedure Code and the New Penal Code and to provide a solid legal basis for the Public Prosecution Service in carrying out its supervisory duties.
Peran Mahkamah Konstitusi dalam Penguatan Demokrasi Indonesia: Perspektif Kedaulatan Hukum dan Pembagian Kekuasaan Arifin, Firdaus
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.v5i2.353

Abstract

This study aims to explore the crucial role of the Constitutional Court in upholding the Sovereignty of Law, maintaining the Distribution of Power, and strengthening democracy in Indonesia. 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 Constitutional Court plays a central role in strengthening democracy through judicial review of laws, protection of human rights, oversight of the executive and legislative branches, and maintenance of the balance of power and social harmony. The Court also acts as a guide for just public policy and a guardian of social harmony within Indonesia’s legal pluralism. Therefore, it is recommended that the Constitutional Court continue to strengthen its role, enhance its dialogical approach with the public, and promote transparency in decision-making. The Government and Legislators need to pay attention to the principles of the Constitution, social justice, and human rights in formulating legislation and implementing Constitutional Court decisions with total commitment. The public is expected to monitor and demand the active implementation of constitutional court decisions. Collaboration among the Constitutional Court, the Government, Legislators, and the public is critical to realizing a democratic and just society in Indonesia.
Keadilan Restoratif dan Hukum yang Hidup Berdasarkan Hukum Adat Dayak Ngaju: Sebuah Analisis Komprehensif Laia, Filpan Fajar Dermawan
SIGn Jurnal Hukum Vol 6 No 2: Oktober 2024 - Maret 2025
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v6i2.363

Abstract

This article aims to explain the importance of the restorative justice concept in Indonesia. It analyses the implementation of this concept under the Indonesian criminal procedural law and the Dayak Ngaju Adat Law. The following analysis gathers legal doctrines concerning restorative justice, the Indonesian criminal procedural code concerning prosecution, and the Dayak Ngaju Adat Law cases. From the first discussion of this article, it can be understood that restorative justice is a concept that upholds reparation and a win-win solution for the victim and the offender. This concept is constituted under Article 139 of Law Number 8 of 1981 and the Attorney General Regulation Number 15 of 2020. The second discussion indicates that this practice is also well recognized under the Dayak Ngaju Adat Law. This Indigenous community implements the Tumbang Anoi Peace Agreement, an adat law that upholds the reparation concept and the win-win solution in solving criminal issues. Last but not least, from the third discussion, this article arrives at a recommendation where restorative justice shall be preserved and enhanced under both the Indonesian positive law and the living law. This is because restorative justice is in line with the Pancasila or the Indonesian five principles which are the main sources of the Indonesian law.
Fungsi Pengawasan DPRD terhadap Penggunaan APBD di Kabupaten Mamuju Sudarsono, Sudarsono; Kamal, Muhammad; Razak, Askari
SIGn Jurnal Hukum Vol 6 No 2: Oktober 2024 - Maret 2025
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v6i2.364

Abstract

This study aims to gain an in-depth understanding of how the Mamuju Regency House of Representatives carries out its oversight function and its accountability mechanisms over Regional Budget utilization in the Mamuju Regency. The study employs a normative legal research method with a statute approach. The collected legal materials are then analyzed qualitatively to describe the issues and address the research objectives. The results of this study indicate that the oversight function of the Mamuju Regency House of Representatives is an integral element of good local governance. This function is crucial in ensuring the accountability and transparency of Regional Budget utilization as a vital instrument for regional development. The optimization of the Mamuju Regency House of Representatives’s oversight function, including the exercise of the rights of interpellation, inquiry, and expressing opinions, is a determining factor in preventing corruption and guaranteeing the effectiveness of Regional Budget utilization. The accountability mechanisms for Regional Budget management encompass coherent and systematic stages, including the democratic and participatory formulation and enactment of the Regional Budget, the closely monitored implementation by the Mamuju Regency House of Representatives, and the submission of accountability reports and audit reports that present comprehensive evaluations. Therefore, it is recommended that the supporting elements of the Mamuju Regency House of Representatives enhance synergy and coordination in carrying out the oversight function. The Audit Board is expected to improve the quality of audits and expand the scope of audits over Regional Budget utilization. The Regency Government should enhance transparency and accountability in Regional Budget management. Public participation in overseeing Regional Budget utilization must also be enhanced through various mechanisms that facilitate public engagement.
Peninjauan Kembali terhadap Putusan Praperadilan: Analisis Kritis Kewenangan dan Pengaruhnya Simamora, Sahat; Pakpahan, Zainal Abidin; Toni, Toni
SIGn Jurnal Hukum Vol 6 No 2: Oktober 2024 - Maret 2025
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v6i2.367

Abstract

This study aims to analyze the legal authority related to filing for Judicial Review against Pretrial Rulings and its implications for the enforcement of justice in Indonesia. The study employs a normative legal research method with a statute approach. The collected legal materials are then analyzed qualitatively to describe the issues and address the research objectives. The research findings indicate that the authority to file for Judicial Review against Pretrial Rulings is a complex legal issue. Although Law Number 8 of 1981 does not explicitly provide for it, there are legal grounds that allow for such Judicial Review to be pursued. Suspects, Legal Advisor, and Prosecutors are the legal subjects authorized to file for Judicial Review. However, implementing Judicial Review against Pretrial Rulings still faces several challenges, particularly concerning public understanding and accessibility to the justice system. The Decision of Judicial Review on Pretrial Rulings has broad implications, not only affecting the fate of the individuals involved in the case but also contributing significantly to the protection of human rights, legal certainty, and improving the quality of law enforcement in Indonesia. The Supreme Court has a crucial role in providing clear and comprehensive guidelines regarding the technical implementation of Judicial Review against Pretrial Rulings, whether through the issuance of jurisprudence, a Circular of the Supreme Court, or reform of criminal procedural law. Reforming the procedure for filing for Judicial Review, which includes simplifying the procedure, intensifying public awareness campaigns, and optimizing the role of legal aid institutions, becomes crucial in enhancing access to justice and the protection of human rights.
Efektivitas Penyidikan di Era Digital: Studi Kasus Inovasi Teknologi di Kepolisian Resor Rokan Hilir Sihombing, Rikky Pranata; Kusno, Kusno; Siregar, Ahmad Ansyari
SIGn Jurnal Hukum Vol 6 No 2: Oktober 2024 - Maret 2025
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v6i2.368

Abstract

This study aims to analyze the extent to which implemented technological innovations enhance investigative effectiveness and identify the supporting factors and obstacles to technology adoption at the Rokan Hilir Police Resort. To achieve these objectives, this study employs a mixed-methods approach combining field research and normative legal analysis, where the collected data is analyzed qualitatively to describe the issues and address the research objectives. The findings indicate that technology implementation at the Rokan Hilir Police Resort positively impacts investigative effectiveness, particularly in terms of speed and efficiency, accountability and transparency, and inter-unit coordination. Furthermore, technology plays a crucial role in evidence management, improving data accuracy, and handling complex cases, as demonstrated in the digital theft case study. The application of investigative technology at the Rokan Hilir Police Resort aligns with the relevant legal framework in Indonesia. However, technology implementation still faces challenges such as budget limitations, lack of technological skills, and resistance to change. Nevertheless, this study finds that technological innovation at the Rokan Hilir Police Resort has contributed to increasing public trust in the police institution, suggesting that the modernization of investigations through technology adoption is a strategic step that needs continuous support and optimization.
Jaminan Sosial dan Kompensasi: Analisis Perlindungan Pekerja PKWT dalam UU Cipta Kerja Deviona, Ayu Anggi; Sriono, Sriono; Siahaan, Nimrot
SIGn Jurnal Hukum Vol 6 No 2: Oktober 2024 - Maret 2025
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v6i2.369

Abstract

This study aims to analyze the legal protection afforded to fixed-term employment contract workers under Law Number 6 of 2023, which introduces significant changes to the legal framework governing fixed-term employment in Indonesia. Focusing on working conditions and compensation, this research employs a normative legal research method with a statute approach and utilizes qualitative analysis with a content analysis approach. The findings reveal that Law Number 6 of 2023 establishes a new paradigm in protecting fixed-term employment contract workers by affirming their right to wages during probationary periods, providing flexibility in contract renewals, and regulating the provision of compensation. However, implementing this Omnibus Law also presents new dynamics and challenges, such as the potential for job insecurity due to excessive flexibility in contract extensions. A case simulation further exposes the gap between legal norms and the reality on the ground, where some companies still neglect their obligation to compensate fixed-term employment contract workers. These findings underscore the urgent need for commitment and active participation from all stakeholders, including the government, companies, and workers, in realizing harmonious, productive, and equitable industrial relations.
Konsekuensi Hukum bagi Debt Collector yang Melampaui Kewenangan: Studi Kasus PT Mega Central Finance Bagan Batu Anggrayni, Dea; Sriono, Sriono; Siahaan, Nimrot
SIGn Jurnal Hukum Vol 6 No 2: Oktober 2024 - Maret 2025
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v6i2.370

Abstract

This study aims to analyze the authority of debt collectors from a civil law perspective, focusing on a case study of PT Mega Central Finance Bagan Batu. To achieve this objective, this study employs a mixed method of field research and normative legal research, where the collected data is analyzed qualitatively to describe the problems and answer the research objectives. The results show that the problem of bad credit encourages financing companies to use debt collectors’ services to optimize the collection process. Meanwhile, debt collectors must have competency certification and act based on an extraordinary power of attorney from the financing company, as regulated in Financial Services Authority Regulation Number 35/POJK.05/2018 and Article 1795 of the Civil Code. Despite having compiled a standard operating procedure for collection, PT Mega Central Finance Bagan Batu still encounters deviant debt collector practices that harm debtors, such as intimidation, threats, and seizure of collateral without legal procedures. These actions violate the rights of debtors and legal principles. The legal consequences and implications cover criminal law, civil law, consumer protection law, and administrative sanctions from the Financial Services Authority.

Page 12 of 21 | Total Record : 208

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