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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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Reformulasi Kebijakan Legalisasi Ganja untuk Kepentingan Medis: Tinjauan Hukum Pidana Lestari, Dewi Ayu
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.v6i2.371

Abstract

This research examines the imperative for reforming cannabis legalization policies in Indonesia, specifically for medical purposes, from both juridical and criminal law perspectives. Employing a normative legal research methodology with a tripartite approach encompassing statutory analysis, comparative jurisprudence, and case study examination, this study critically analyzes the current legal framework governing cannabis in Indonesia and its juxtaposition with international trends. Findings reveal that while medical cannabis legalization is gaining momentum globally, demonstrating positive impacts on patient health, public health, and economic development, Indonesia’s regulatory approach remains mired in ambiguity and inconsistency. This dissonance stems from a conflict between the restrictive provisions of Law Number 35 of 2009 and the growing body of scientific evidence supporting the therapeutic potential of cannabis in treating various conditions, including autism spectrum disorder, epilepsy, Tourette syndrome, and multiple sclerosis. This research argues for a more humane and progressive policy framework that aligns with scientific advancements and prioritizes public health. It proposes two primary pathways for reform: judicial review challenging the constitutionality of existing prohibitive legislation and legislative amendments to Law Number 35 of 2009. Crucially, any reform effort must be grounded in rigorous scientific evidence and accompanied by the development of comprehensive regulatory protocols and public education campaigns to ensure the safe and responsible use of medical cannabis. This research critically analyses the legal and policy landscape surrounding medical cannabis in Indonesia, offering evidence-based recommendations to guide policymakers towards a more just and effective regulatory framework.
Petani Kelapa Sawit dalam Bahaya: Urgensi Indonesia dalam Membantu Petani Kecil untuk Bersaing Secara Adil di Lapangan Yenny, Oktavani; Simbolon, Putu George Matthew
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.v6i2.372

Abstract

This research is conducted to express the urgency for the Government of Indonesia to adopt a regulation concerning the protection of palm oil smallholders. Such adoption is necessary since the partnership agreement between this minor group with the non-plantation enterprise is ineffective due to the conflicting interests between the Minister of Agriculture and the Minister of Industry. To achieve this purpose, this article is written based on doctrinal research by gathering rules under the MSMEs Law, the Competition Law, the Capital Investment Law, the Job Creation Law, and the SCM Agreement. This article is also supported by the justice fairness theory by Rawls. The first discussion of this article discusses the urgency to adopt this government regulation based on the MSMEs Law and the Competition Law which is to enforce the partnership agreement. Furthermore, the second discussion analyzes the Capital Investment Law and the Job Creation Law so that this aspired law shall balance the rights and obligations of the smallholders and the non-plantation enterprise. Last but not least, the third discussion discusses what to anticipate according to the WTO rules on subsidies. In the aftermath, this article suggested next research discussing the distribution of authorities between the MOA and the MOI.
Disparitas Penuntutan Tindak Pidana Kepabeanan: Studi Putusan Nomor 42/Pid.B/2024/PN Rhl dan Putusan Nomor 43/Pid.B/2024/PN Rhl Hardiansyah, Ricki; Siregar, Muhammad Yusuf; Tampubolon, Wahyu Simon
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.v6i2.373

Abstract

This research aims to analyze the disparity in the charges of customs crimes in a case study of Decision Number 42/Pid.B/2024/PN Rhl and Decision Number 43/Pid.B/2024/PN Rhl. This normative legal research employs a tripartite approach, encompassing a statute approach, a comparative approach, and a case study approach. Data analysis uses a qualitative content analysis approach to describe the problems and address the research objectives. The research results indicate a significant disparity in the charges between the two decisions, while both defendants were proven to have jointly committed acts that fulfil the elements of a criminal offence as regulated and punishable under Article 102 point an of Law Number 17 of 2006 Juncto Article 55 section (1) of the Penal Code. Conversely, the Public Prosecutor presented substantially different charges: two years imprisonment for one defendant and four years for the other defendant. This disparity in the charges, which reached twice as much, raises serious issues regarding proportionality and fairness, violates the principle of equality before the law, negatively impacts legal certainty (rechtszekerheid), which in turn can erode public trust in the judicial system and hinder fair law enforcement. To mitigate the disparity in the charges, comprehensive and systemic efforts are needed, including the establishment of detailed and structured sentencing guidelines, increasing the capacity and professionalism of Public Prosecutors, strengthening oversight and evaluation mechanisms of the Public Prosecutor’s performance, and implementing an effective case management system to identify potential disparities early on.
Jerat Hutang: Analisis Putusan Nomor 612/Pid.B/2023/PN Rhl Tentang Kejahatan terhadap Kemerdekaan Orang Khoiri, Syahid Al; 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.v6i2.374

Abstract

This research aims to analyze Decision Number 612/Pid.B/2023/PN Rhl concerning the crime of kidnapping as a crime against personal freedom motivated by debt issues. This normative legal research employs a statute approach and a case study. Data analysis uses a qualitative content analysis to describe the issues and answer the research objectives. The research results indicate that Decision Number 612/Pid.B/2023/PN Rhl explicitly criminalizes acts of deprivation of liberty committed to resolving debt problems. The Panel of Judges’ considerations highlight the psychological impact of trauma on the victim as an aggravating factor, while the Defendants’ remorse and attempts at reconciliation serve as mitigating factors. Nevertheless, this act of kidnapping remains an ordinary offence whose legal process cannot be overridden by agreements between the parties. The implications of this decision provide a comprehensive understanding of the boundaries that must not be violated in debt collection. Thus, Decision Number 612/Pid.B/2023/PN Rhl contributes to creating a just and equitable legal climate and provides guaranteed protection of human rights in the context of debt collection.
Profesionalisme Dokter dan Tanggung Jawab Medis: Perlindungan Pasien dan Upaya Hukum Perdata Kamran, Muhammad; Syahrul, Syahrul
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.v6i2.375

Abstract

This study aims to analyze physician professionalism and medical liability within the framework of civil law, particularly concerning patient protection and available legal remedies. Employing a normative legal research method and a statutory approach, this study examines relevant legal norms, primarily those contained in Law Number 8 of 1999, the Civil Code, and Law Number 17 of 2023. The data were analyzed prescriptively, not only to explain the prevailing law (das Sein) but also to formulate how the law should be applied or developed (das Sollen) in order to provide optimal legal protection for patients. The results indicate that physician professionalism, encompassing technical competence, moral integrity, and adherence to professional standards and medical ethics, is the basis for realizing quality and equitable healthcare services. Medical liability, which includes civil and criminal legal liability and ethical and moral responsibility, constitutes an important framework for establishing a balanced contractual relationship between physicians and patients. In medical malpractice, civil law instruments, specifically lawsuits based on breach of contract, tort, and negligence, provide avenues for patients to claim compensation for losses suffered and out-of-court dispute resolution mechanisms that need to be further encouraged.
Akibat Hukum Pemalsuan Sidik Jari Pengganti Tanda Tangan dalam Akta Autentik Adam, Putri Maulia; Purba, Hasim; Suprayitno, Suprayitno; Wau, Hilbertus Sumplisius M.
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.v6i2.376

Abstract

This research aims to comprehensively examine the juridical implications of fingerprint forgery as a substitute for signatures in authentic deeds and analyze the judicial considerations in handling such cases, using Decision Number 87/Pdt.G/2014/PN.Kpn as a case study. This normative legal research utilizes a statutory approach and a case study approach. Data analysis employs a qualitative content analysis to describe the problem and answer the research objectives. The results show that fingerprint forgery in authentic deeds has multidimensional legal consequences, covering civil, criminal, and administrative law aspects. In civil law, such a deed has the potential to be null and void due to a defect in the element of consensus, which results in the invalidity of the transfer of rights. From a criminal law perspective, this act constitutes the crime of document forgery. Meanwhile, notary publics or land deed officials involved or who are negligent may be subject to administrative sanctions. The analysis of Decision Number 87/Pdt.G/2014/PN.Kpn shows that the judicial considerations were based on the principles of legal certainty, justice, and benefit while emphasizing the importance of due diligence, integrity, and professionalism, especially for Land Deed Officials in carrying out their duties and functions to ensure the validity and authenticity of authentic deeds.
Hak atas Akses yang Adil terhadap Pendidikan Tinggi: Analisis Berdasarkan Falsafah Pancasila Lubis, Rahmad; Purnama, Desi; Sulaiman, Heri
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.v6i2.381

Abstract

This research aims to comprehensively analyze citizens’ right to equitable access to higher education in Indonesia based on Pancasila’s philosophy. Employing a normative legal research methodology, this study examines the issue through statute and conceptual approaches. Data were analyzed using qualitative content analysis techniques to describe and address the research problem in depth. The findings indicate that equitable access to higher education is a constitutional right of every Indonesian citizen guaranteed by Pancasila and the 1945 Constitution. As an embodiment of the welfare state principle, the state is obliged to create a just, equitable, quality, and affordable higher education system for all levels of society. It requires affirmative regulations, innovative and equitable financing schemes, and a reliable quality assurance system. Higher education must be seen as a strategic instrument to break the cycle of structural poverty, enhance social mobility, and realize distributive justice by prioritizing the principle of social solidarity. Therefore, the projection towards free higher education, especially in state universities, is a strategic step that needs to be realized gradually and sustainably, supported by progressive tax system reform, increased allocation of education budgets, and optimization of alternative funding sources, as a form of progressive interpretation of Article 31 section (1) of the 1945 Constitution.
Peran Kepolisian Daerah Sumatera Utara dalam Memberantas Pornografi di Era Digital: Perspektif Psikologi Kriminal Rambe, Sapani Martua; Risdalina, Risdalina; Kumalasari, Indra
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.v6i2.382

Abstract

This research aims to examine the role of the North Sumatra Regional Police in combating cyber-pornography offenses in the digital era from a criminal psychology perspective. Field research and normative juridical methods were employed to collect primary and secondary data. Primary data were obtained through in-depth interviews, while secondary data were gathered through a literature review. The data were analyzed using a descriptive qualitative approach. The results indicate that cyber-pornography offenses in North Sumatra are a complex phenomenon with diverse modus operandi. The North Sumatra Regional Police has implemented comprehensive strategies, including strengthening investigator capacity, utilizing digital forensic technology, educating the public, and collaborating with internet service providers. However, challenges remain, such as substantiating digital evidence, navigating cross-border jurisdiction, and keeping pace with rapid technological advancements. In conclusion, synergy among stakeholders and public participation are crucial. Continuous evaluation and refinement of strategies are necessary to address the ever-evolving dynamics of cybercrime, considering the factors that influence criminal behavior in the digital realm.
Implikasi Putusan Mahkamah Konstitusi Nomor 85/PUU-XX/2022 terhadap Penyelesaian Perselisihan Hasil Pemilihan Kepala Daerah Rezah, Farah Syah; Sapada, Andi Tenri
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.v6i2.383

Abstract

This study aims to analyze the juridical implications of Decision Number 85/PUU-XX/2022 for the dispute resolution of Regional Head Election results in Indonesia and examine the position and authority of the Constitutional Court following the decision. This research employs a normative legal research method with statutory and conceptual approaches. The analytical techniques used are qualitative-descriptive and interpretative analysis techniques to examine and interpret legislation, Constitutional Court decisions, and relevant legal literature. The results show that Decision Number 85/PUU-XX/2022 has re-established the Constitutional Court’s permanent authority to adjudicate disputes over Regional Head Election results, previously annulled through Decision Number 97/PUU-XI/2013. Decision Number 85/PUU-XX/2022 is based on a constitutional interpretation that there is no distinction between the General Elections regime and the Regional Head Election regime within the framework of the 1945 Constitution. The juridical implication of this decision is the establishment of legal certainty regarding the institution authorized to resolve disputes over Regional Head Election results, namely the Constitutional Court, with definitive authority that is no longer ad hoc. In addition, this decision can potentially increase the effectiveness of the dispute resolution of Regional Head Election results and strengthen the electoral democratic system at the local level. To strengthen the position and ensure the continuity of the Constitutional Court’s authority, it is recommended to amend Law Number 48 of 2009, Law Number 10 of 2016, and the 1945 Constitution to explicitly mention the Constitutional Court’s authority in adjudicating disputes over Regional Head Election results.
Keberlanjutan Pembangunan Infrastruktur di Indonesia: Analisis Yuridis Penyesuaian Harga dalam Kontrak Konstruksi Yanuar, Riko; Saputro, Adi; Sami’an, S.
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.v6i2.385

Abstract

This study examines the mechanism of price adjustments in construction contracts in Indonesia from philosophical, juridical, and practical perspectives. The background of this issue stems from fluctuations in construction material prices, which often threaten the sustainability of infrastructure projects. To address this issue, this study aims to analyze the philosophical foundations and legal doctrines underlying the price adjustment mechanism, evaluate the regulatory framework in Indonesia, and formulate recommendations to enhance the effectiveness of dispute prevention and resolution mechanisms. Employing a juridical-normative research method, this study analyzes the principle of contractual fairness and the doctrine of rebus sic stantibus as the foundation for price adjustments. The results show that Law Number 2 of 2017, Presidential Regulation Number 16 of 2018, and their implementing regulations have regulated the mechanism of price adjustments; however, their implementation still faces obstacles in the form of administrative complexity and transaction costs. To increase the effectiveness of this mechanism, the standardization of price adjustment clauses referring to international best practices, such as the FIDIC contract standards, is needed. In addition, optimization of a digital technology-based price information system, capacity building for stakeholders, and development of effective dispute resolution mechanisms, mainly through arbitration, are necessary. In conclusion, this study affirms that harmonising philosophical foundations, legal doctrines, adaptive regulations, and effective dispute prevention and resolution mechanisms is the key to optimizing price adjustments in construction contracts to support the investment climate and sustainable infrastructure development in Indonesia.

Page 13 of 21 | Total Record : 208

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