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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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Persyaratan Klaim Biaya Overhead dan Mekanisme Penyelesaian Sengketa Konstruksi di Indonesia: Suatu Kajian Normatif Qadri, Qadri; Sami’an, S.; Saputro, Adi
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.v6i2.404

Abstract

Overhead cost claim disputes are a crucial issue in Indonesia’s construction industry. Therefore, this research aims to comprehensively analyze the legal aspects of overhead cost claims in construction contracts in Indonesia, encompassing the legal basis, types of claimable costs, legal conditions triggering claims, claim submission requirements, calculation methods, and dispute resolution mechanisms. A normative juridical method is employed to achieve this objective, using a statute, case, and conceptual approach. Data is sourced from statutory regulations, construction contract standards, jurisprudence, and legal literature and then analyzed qualitatively. Substantively, this research finds that the legal basis for overhead cost claims in Indonesia involves a complex interaction between Law Number 2 of 2017, Government Regulation Number 22 of 2020, the Civil Code, and contract standards such as FIDIC. Furthermore, overhead claims must be based on wanprestasi (breach of contract), force majeure, or variation orders and must meet the requirements of notification, documentation, accountable calculation, and causality. In terms of calculation, the accepted method must be by the principle of compensation. As for dispute resolution, it can be through mediation, conciliation, arbitration, or litigation, with the caveat that the selection of a mechanism depends on a case-by-case analysis. Overall, this research provides a comprehensive understanding of the legal aspects of overhead cost claims in construction contracts in Indonesia.
Kekuatan Hukum Surat Perintah Perubahan Kerja dalam Kontrak Konstruksi: Studi Kasus Pembangunan Gardu Induk di Sumatera Bagian Tengah Setiyawan, Iwan Arif; Pasaribu, David Mangara; Hikmahtiar, Rizal
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.v6i2.409

Abstract

Variations in construction projects often lead to disputes, particularly concerning implementing change order instructions. To address this issue, this research aims to analyze the legal status of change order instructions in construction contracts in Indonesia, as well as the rights and obligations of the service provider (Contractor) related to the issuance of such instructions. This research employs a normative juridical approach with a case study of substation construction projects in Central Sumatra. Data sources include legislation, contract documents, and relevant legal literature. The research findings indicate that, although normatively based on the principle of freedom of contract and regulations on government procurement of goods/services, a change order instruction has a weak legal position without a contract addendum agreed upon by both parties. Furthermore, the Contractor has the right to negotiate changes and to reject instructions that do not follow procedure but is obligated to execute changes that have been agreed upon. The case analysis of the substation projects revealed that the absence of a firm clause regarding the status of change order instructions within the hierarchy of contract documents is the primary source of problems. Therefore, this research concludes that change order instructions require more comprehensive regulation within construction contracts to protect the parties’ rights and minimize the potential for disputes.
Legal Protection for Banking Institutions in Small and Medium Enterprise Credit Agreements Sirait, Regina Ulianna; Sudirman, Lu; Disemadi, Hari Sutra
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.v6i2.408

Abstract

Legal protection for banking institutions in Small and Medium Enterprise (SME) Credit Agreements is a fundamental issue in maintaining the financial system’s stability and promoting economic growth. This research analyzes the legal framework and legal certainty of protection for banks in SME Credit Agreements in Indonesia. This normative legal research uses a statute approach, with primary data sources in the form of relevant legislation and secondary data sources in business law literature. The results show that the juridical basis of protection for banks consists of preventive regulations (prudential principles, credit agreements, collateral, FSA supervision) and repressive regulations (credit restructuring, collateral execution, dispute resolution). Although this legal framework is comprehensive, its implementation faces significant challenges, such as inconsistent law enforcement, legal loopholes in collateral regulations, and the complexity of the judicial process. To improve legal certainty, regulatory reform, capacity building of law enforcement officials, information technology adoption, and supervision strengthening are recommended. Thus, this research contributes to strengthening legal protection for banking institutions, which will support the creation of a healthy and sustainable credit ecosystem for SMEs.
Pembatalan Perjanjian Pengikatan Jual Beli Cacat Formil Melalui Gugatan Rekonvensi: Studi Putusan Nomor 1263/Pdt.G/2023/PN Dps Retnaningsih, Heni; Setiawan, I Ketut Oka
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.v7i1.418

Abstract

Legally defective preliminary sales agreements frequently trigger complex land ownership disputes. This research analyzes the legal reasoning (ratio decidendi) of the Panel of Judges concerning the annulment of a preliminary sales agreement due to formal defect through reconvention, utilizing Decision Number 1263/Pdt.G/2023/PN Dps as a case study, and examines the strategic function of reconvention in achieving legal certainty. Employing a normative legal research method through a case study approach and qualitative analysis of the decision data, it was found that the Panel of Judges annulled Deed of Agreement Number 18 based on the absence of valid consent (Article 1320 of the Civil Code), resulting from fictitious factual representation concerning the presence of a party. Additionally, the Deed of Power of Attorney Number 19 was declared null as it contained a formal defect related to the inaccuracy of the appearing party’s address data, violating the provisions of Article 38 section (3) point (a) of Law Number 2 of 2014. These analysis results affirm that reconvention proved an effective procedural law instrument for uncovering and proving legal defects in deeds, obtaining a definitive annulment judgment (nietigverklaring), and contributing to the comprehensive resolution of land ownership disputes. It is concluded that fulfilling requirements for a valid agreement and the formalities of authentic deeds are crucial in land transactions, and reconvention plays an important role in protecting landowner rights and enforcing agrarian legal certainty.
Penolakan Majelis Hakim Terhadap Permohonan Pembatalan Akta Jual Beli yang Cacat Syarat Subjektif: Studi Putusan No. 32/Pdt.G/2019/PN Kpn Syam’ani, Nessa Isabela; Setiawan, I Ketut Oka
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.v7i1.419

Abstract

Disputes concerning the validity of a deed of sale due to alleged subjective requirement defects constitute a significant problem within agrarian and contract law. This research aims to analyze the legal reasoning (ratio decidendi) of the Panel of Judges in Decision Number 32/Pdt.G/2019/PN Kpn, which denied the application for the annulment of Deed of Sale Number 302/Kec.Bululawang/1993, despite allegations of a subjective defect arising from the seller having passed away before the deed was executed. Employing a normative legal research method integrating case study, statute, and conceptual approaches, a qualitative analysis was conducted on the said decision. The analysis results indicate that the Panel of Judges’ denial was not based on a direct examination of the Deed of Sale Number 302/Kec.Bululawang/1993 due to the subjective defect under Article 1320 of the Civil Code. Instead, the dominant ratio decidendi rested upon the validation of the Sale Agreement under seal dated 5 July 1983 and the application of the doctrines of prescription and rechtsverwerking resulting from over 30 years of good faith physical possession. It is concluded that Decision Number 32/Pdt.G/2019/PN Kpn affirmed Defendant 1’s ownership through the mechanism of lapse of time while prioritizing pragmatic legal certainty, although leaving juridical ambiguity regarding the status of Deed of Sale Number 302/Kec.Bululawang/1993 indicates a judicial tendency to prioritize the substance of long-term possession over formal defects in deeds within belatedly filed disputes.
Efektivitas Penegakan Hukum Tindak Pidana Penadahan Laptop di Kota Makassar Jumaris, Jumaris; Husen, La Ode; Hambali, Azwad Rachmat
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.v7i1.421

Abstract

The persistent criminal offense of receiving stolen laptops poses a significant challenge to the criminal justice system in Indonesia. This study aims to analyze the effectiveness of law enforcement against this offence in Makassar City and comprehensively identify and analyze the factors that influence it. The method employed is empirical legal research conducted in Makassar City, involving primary data collection through administering questionnaires to 25 respondents and in-depth interviews with key informants, supplemented by secondary data from a documentary study. Data analysis integrates descriptive quantitative and interpretive qualitative approaches guided by the theoretical framework of legal effectiveness. The primary results of the study convergently indicate that the effectiveness of law enforcement regarding the criminal offense of receiving stolen laptops in Makassar City is generally assessed as less effective, as reflected in the majority perception of respondents and qualitative indicators such as the persistence of perpetrators and the weak deterrent effect of criminal sanctions. Factor analysis identifies several significant determinants contributing to this condition, including limited preventive capacity within the legal structure, low public legal awareness and caution in second-hand goods transactions, the presence of substantial operational constraints in the investigation process, and the dynamics of cooperation between perpetrators of theft and receivers which strengthen criminal resilience. It is concluded that the low effectiveness of law enforcement is the result of the complex interaction of these structural, cultural, operational, and criminal environment factors.
Pembuktian Penipuan Perdagangan Efek dalam Tindak Pidana Pasar Modal Opit, Syaloomita Electra; Frans, Mardian Putra
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.v7i1.413

Abstract

The criminal offense of securities trading fraud seriously threatens the integrity of the Indonesian capital market. Nevertheless, its proof within the realm of criminal law faces significant constraints. This research aims to analyze the normative evidentiary model for securities trading fraud, identify the fundamental challenges in its implementation in Indonesia, and examine strategies to overcome these obstacles. This study utilizes a normative legal research method with statutory and conceptual approaches to scrutinize the legal framework and evidentiary practices. The analysis reveals that proof formally adheres to the theory of negative statutory proof (negatief wettelijke bewijstheorie) based on the Criminal Procedure Code, requiring a minimum of two valid pieces of evidence and an evidence-based judge’s conviction. Nevertheless, the implementation of this model is confronted by multidimensional challenges, encompassing the complexity of criminal schemes, information asymmetry, difficulties in proving criminal intent (mens rea), limitations in the regulatory framework and oversight effectiveness, and constraints in accessing crucial data. This study finds that effective strategies to address these barriers necessitate a combination of interventions in two domains: strengthening substantive regulations, particularly enforcing information disclosure obligations discipline by the FSA, and enhancing transparency and accountability at the corporate level through GCG implementation and shareholder rights protection. It is concluded that a significant gap exists between the normative evidentiary model and the reality of its practical enforcement, and the effectiveness of proving securities trading fraud heavily relies on the synergy between strengthening the formal legal framework and improving the corporate governance ecosystem.
Implikasi Hukum Wanprestasi Pemerintah pada Kontrak Pembangunan Pasar Ranggulalo: Analisis Putusan Nomor 28/Pdt.G/2021/PN Dgl Lo, Adeline; Lee, Elena Philomena; Chen, Natasya Edgina; Baretta, Nicole; Nugraha, Dwi Putra; Tanaya, Velliana
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.v7i1.416

Abstract

Government Default in Construction Contracts executed under assistance task projects raises questions concerning accountability and legal certainty, as exemplified by the Ranggulalo Market construction case. This study aims to analyze the legal implications of the Sigi Regency Government’s Default and to identify how legal accountability for the outstanding contract payment was determined based on Decision Number 28/Pdt.G/2021/PN Dgl. A normative legal research methodology utilized case, statutory, and conceptual approaches through qualitative analysis of the court decision, pertinent regulations, and secondary legal materials. The analysis reveals that the court determined the Defendant had committed Default and was responsible for paying the outstanding contract balance—acknowledging the involvement of the Co-Defendant—despite complexities concerning the Commitment-Making Official’s mandate, predicated on the binding civil law nature of the contractual relationship. The principal legal implications arising from this Default include the imposition of direct financial obligations on the government, the disruption of the fundamental principle of contractual equilibrium, diminished legal certainty for service providers, and the emergence of administrative and institutional consequences for the regional government involved. In conclusion, this judgment affirms government accountability in civil contracts and underscores the judiciary’s vital role in upholding the pacta sunt servanda principle. Concurrently, it highlights the urgent need to refine regulations concerning assistance tasks and strengthen contract governance within regional government environments.
Pemberdayaan Ekonomi Lokal di Kelurahan Bencongan Indah, Kabupaten Tangerang: Usaha Pengelolaan Limbah Plastik Menjadi Paving Block Simatupang, Margareta Theodora; Bantara, Fitaria; Tarigan, Mera Terangta; Nicholine, Nicholine; Behuku, Reyane Dolimariz Putri
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.v7i1.420

Abstract

Local economic empowerment represents both a crucial challenge and objective within the implementation of decentralization in Indonesia, demanding innovative regional-level solutions capable of integrating social, economic, and environmental aspects such as waste management. This qualitative case study research aims to analyze the implementation mechanisms and the role of multi-stakeholder collaboration in facilitating economic empowerment through an innovative plastic waste-to-paving block program in Bencongan Indah Urban Village. It also evaluates the program as a practical implementation of decentralization and a potential model for sustainable local development. Primary data were collected through direct observation of business activities and in-depth interviews with the Secretary of the Urban Village, supported by secondary data from documentary studies of regulations and online publications. Data analysis employed a descriptive qualitative approach through content and thematic analysis. Findings indicate that this program transforms plastic waste into an economic product via an observed operational mechanism involving MSMEs/the community, strongly supported by multi-stakeholder collaboration and the facilitation role of the Urban Village Government. The program’s implementation reflects local initiative within the regional autonomy framework and aligns with urban village and regency-level empowerment regulations. Although integrating sustainability pillars and attracting external attention, the program was identified as being in its early stages of development and facing resource and coordination challenges. It is concluded that the Bencongan Indah plastic paving block innovation constitutes a practice of decentralization implementation that facilitates economic empowerment through collaboration, offering a potential, integrative local development model whose sustainability and replicability, however, necessitate strategic management of implementation challenges.
Phishing di Sektor Perbankan: Antara Kejahatan Siber dan Perlindungan Konsumen Ekawati, Dian; Herdiana, Dadan; Haryanti, Amelia
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.v7i1.422

Abstract

The escalating utilization of electronic banking services corresponds with a heightened threat of cybercrime, particularly phishing, leading to significant financial losses for customers and eroding public trust in the digital banking system. This research aims to analyze the forms of legal protection available and the construction of banks’ civil liability, as well as to identify the legal remedies accessible to customers victimized by phishing under Law Number 8 of 1999. Employing a normative legal research methodology integrating statute and conceptual approaches, the study analyzed relevant legislation and legal doctrines. Findings indicate that banks bear specific legal obligations mandated by Financial Services Authority Regulations, Law Number 27 of 2022, and Law Number 8 of 1999, about the assurance of system and data security. Consequently, banks’ civil liability for phishing-induced losses can be established, primarily on the grounds of unlawful acts (tort), contingent upon proof of failure to discharge these specific duties involving fault or negligence. However, the practical determination of liability remains complex, invariably factoring in customer contributory negligence. Victims possess options including criminal reporting and general civil litigation, yet Law Number 8 of 1999 offers a more structured consumer dispute resolution pathway. This pathway encompasses mandatory internal complaints submitted to the bank, potentially followed by escalation to LAPS SJK as the principal forum for out-of-court settlement. The study concludes that while the legal framework establishes a basis for bank liability, the adequate protection of customers is heavily contingent upon evidentiary success in disputes and the optimized functioning of resolution mechanisms, particularly LAPS SJK.

Page 15 of 21 | Total Record : 208

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