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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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Rasionalitas Majelis Hakim dalam Pembatalan Akta Hibah Tanah Akibat Perbuatan Melawan Hukum oleh Ahli Waris: Studi Putusan Nomor 175/Pdt.G/2023/PN Kpn Dewi, Eriska Desianti; Samosir, Tetti; Harlina, Indah
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.v7i1.423

Abstract

Disputes concerning the annulment of land grant deeds between Inheritors constitute a complex issue within civil and agrarian law, requiring an in-depth understanding of the rationale behind court decisions. This research aims to analyze the rationale of the Panel of Judges of the Kepanjen District Court in Decision Number 175/Pdt.G/2023/PN Kpn regarding the annulment of Grant Deed Number 167/KEP-35.10/IX/2020. Employing a normative legal research method with a case study approach, the qualitative analysis focused on the legal considerations (ratio decidendi) within the decision. The analysis results indicate the Panel of Judges’ rationale was primarily based on the assessment of evidence corroborating the Plaintiff’s pre-grant proper claim derived from an oral transaction, setting aside the formal strength of the authentic deed due to the Defendant’s absence of rebuttal evidence. The juridical annulment of the deed was grounded in the direct application of the Nemo dat quod non habet principle, referenced through Article 210 section (2) of the Compilation of Islamic Law because the Grantor was proven to have granted part of the object that was not his right. The qualification of unlawful act against the Defendant was determined as a logical consequence of this finding, albeit without in-depth elaboration of the elements, demonstrating pragmatic reasoning. In conclusion, the judicial rationale, in this case, tends to prioritize substantive justice over formal legal certainty, yet it raises discourse concerning evidentiary standards and potential issues of inheritance law coherence that remain unaddressed.
Implementasi Alih Media Sertifikat Tanah ke Sertifikat Elektronik oleh PPAT Kota Tangerang Selatan untuk Mendukung Reforma Agraria Maulidiana, Amalia Rahma; Deni, Fitra; Wijaya, Endra
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.v7i1.424

Abstract

Modernizing land administration through e-certificates is imperative to strengthen Indonesia’s legal certainty of land rights. This research aims to analyze the factual implementation of the E-certificate media conversion mechanism by Land Deed Making Officials in South Tangerang City following the enactment of Ministerial Regulation Number 3 of 2023, examine the legal certainty of its product, and evaluate its contribution as a supporting instrument for Agrarian Reform. Employing an empirical legal approach with qualitative analysis through interviews and document study, this study finds that the initial implementation of media conversion by Land Deed Making Officials faced significant dynamics and operational challenges related to system and procedural readiness, requiring intensive adaptation. Nevertheless, e-certificates from media conversion possess a strong foundation of normative legal certainty and have gained widespread practical recognition, especially from the banking sector, as Electronic Mortgage Right collateral. Further evaluation indicates that this media conversion implementation factually supports modern Agrarian Reform’s objectives, primarily through enhancing the guarantee of legal certainty. However, early implementation barriers still constrain its full administrative efficiency and transparency potential. It is concluded that media conversion is a fundamental supporting instrument for Agrarian Reform in the digital era. However, realizing its optimal benefits requires system maturation and stakeholders’ continuous resolution of implementation challenges.
Pembatalan Akta Hibah Akibat Perbuatan Melawan Hukum dan Bertentangan dengan Hukum Waris: Studi Putusan Nomor 85/Pdt.G/2021/PN Bdg Amelia, Helda; Abdullah, Zaitun; Wuryandari, R. Utji Sri Wulan
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.v7i1.425

Abstract

The annulment of Grant Deeds due to unlawful acts by the Grantee within the context of an inheritance dispute raises complex legal issues concerning the conflict between the formality of deeds and the protection of free will. This research aims to analyze the basis of the Panel of Judges’ reasoning in finding unlawful acts by the child (Grantee) and annulling the Grant Deeds, as well as to analyze the forms of legal protection afforded to the Grantor in Decision Number 85/Pdt.G/2021/PN Bdg. The research method employed is normative legal research utilizing case study, statute, and conceptual approaches, with a qualitative descriptive-analytical analysis of the aforementioned decision. The analysis results indicate that the Panel of Judges annulled the Grant Deeds based on the non-fulfillment of the subjective requirement for a valid agreement according to Article 1320 of the Civil Code, namely the absence of free consent resulting from defects of consent (duress and abuse of circumstances) caused by the proven unlawful acts of the Defendant. The conflict between the grant mechanism and the principles of joint marital property according to Law Number 1 of 1974 and the rules of inheritance law further reinforced the basis for annulment. The manifestation of legal protection for the Plaintiff was effectively realized through the annulment of the deeds, which restored the autonomy of will, the order for restitution for the recovery of material losses, the affirmation of correct inheritance rights providing legal certainty, and the judicial declaration of unlawful act as a form of juridical recognition of the violation of the rights. This decision underscores the court’s priority on substantive justice and the protection of aggrieved parties in family grant disputes tainted by unlawful acts.
Politik Hukum Pidana Mati dan Upaya Perlindungan Hak Hidup di Indonesia: Perspektif UU Nomor 1 Tahun 2023 Putra, Alif Arhanda
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.v7i1.429

Abstract

The regulation of capital punishment within the Indonesian legal system presents a fundamental tension with the constitutional guarantee of the right to life. Law Number 1 of 2023 introduces a new formulation necessitating an in-depth analysis of its underlying policy background and inherent protection mechanisms. This research aims to analyze the legal policy underpinning the capital punishment provisions in Law Number 1 of 2023 and to identify and analyze the forms of protection for the right to life within its application mechanism. Utilizing a normative legal research method with statute and conceptual approaches, this study qualitatively and interpretively examines relevant primary and secondary legal materials. The analysis indicates that the legal policy on capital punishment in Law Number 1 of 2023 constitutes a compromise-based "middle path policy" between retentionist views and the strengthening of human rights norms, retaining the sanction as a last resort (ultimum remedium) with a mandatory 10-year probationary mechanism. The primary form of protection for the convict's right to life manifests through this conditional mechanism, which normatively provides execution postponement and opens the possibility of commutation. Nevertheless, the effectiveness of this protection is limited by potential subjectivity in the commutation evaluation criteria and discretionary elements in its implementation. It is concluded that Law Number 1 of 2023 represents a new direction providing stronger procedural guarantees for the right to life of death row inmates compared to the previous law, yet substantive protection remains conditional and non-absolute, reflecting the ongoing dilemma between law enforcement and human rights in Indonesia.
Menilai Perlindungan Konsumen pada Pasar Minyak Goreng di Indonesia: Pembelajaran dari Kasus Minyakita Wibowo, Afrizal Mukti
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.v7i1.434

Abstract

The Minyakita case in Indonesia highlights the vulnerable position of consumers vis-à-vis business actors, particularly concerning the accuracy and reliability of product labeling. This issue underscores the ongoing risks consumers face in accessing goods conforming to package labels’ quality and standards. This research aims to analyze legal violations in the Minyakita case, specifically those related to misleading or non-compliant labeling practices, and to examine systemic weaknesses in the regulatory oversight of cooking oil distribution in the Indonesian market. Furthermore, this study compares Indonesia’s regulatory framework with Japan’s, especially regarding product labeling standards and the oversight of essential goods. The research explores loopholes and law enforcement challenges within Indonesia’s existing consumer protection framework, particularly concerning using state-owned brands and distributing public goods. It also presents a comparative analysis of Japan’s consumer protection regime, highlighting Japan’s stronger institutional oversight, crisis response mechanisms, and market discipline. Findings indicate that although Indonesia has a comprehensive legal foundation for consumer protection, its regulatory enforcement and institutional coordination remain weak. This research concludes by offering five policy recommendations to enhance transparency, public accountability, and consumer empowerment, fostering a fairer and more resilient essential commodities distribution system.
Pelaksanaan Hukuman Mati di Indonesia Berdasarkan Aspek Kemanusiaan, Etika, dan Moralitas: Perspektif Keadilan Utilitarian Ishwara, Ade Sathya Sanathana; Rodliyah, Rodliyah; Pancaningrum, Rina Khairani
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.v7i1.435

Abstract

The implementation of capital punishment stipulated in Law Number 2/PNPS/1964 is clearly contrary to the second principle of Pancasila, the noble values enshrined in the 1945 Constitution, and the mandates of international conventions, thereby causing a legal antinomy or conflict of norms. This study employs normative legal research methods to identify legal rules, principles, and doctrines that address the legal issues encountered while utilising a legislative, conceptual, and comparative approach. Research results show the implementation of capital punishment policy should not be solely for the purpose of retribution but should also be based on humanitarian considerations, as stated in the second principle of Pancasila. For example, lethal injection is often considered more humane than other methods of execution. From a utilitarian perspective, this method is acceptable if it provides maximum benefit to society by reducing the suffering of the perpetrator (convicted person). Capital punishment by lethal injection, which has been used in several countries, including China, Thailand, and Vietnam, is considered more humane and upholds ethical and moral values, so lethal injection can be considered as an option for the method of capital punishment in Indonesia to replace the method of execution by firing squad.
Peran PKK Kota Medan terhadap Pencegahan KDRT Perspektif UU Nomor 23 Tahun 2004 Mulyana, Andista Anang; Irwan, Irwan
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.v7i1.448

Abstract

The high incidence of domestic violence in Medan City indicates a gap between the legal protection framework and the implementation of prevention at the grassroots level. This study aims to analyze the form and implementation of the role of the Family Welfare Empowerment Mobilization Team in domestic violence prevention according to Law Number 23 of 2004 and to identify the determining factors that influence its effectiveness. This empirical legal research utilizes a qualitative approach with a case study design focusing on the Medan City Family Welfare Empowerment Mobilization Team. Data were collected through in-depth interviews with key informants and document studies and analyzed using an interactive analysis model. The findings indicate that the role of Family Welfare Empowerment is paradoxical: while aligned with the preventive spirit of Law Number 23 of 2004, its implementation in the field tends to be based on the maintenance of social harmony rather than the protection of victims’ juridical rights. The effectiveness of this role is determined by a dialectic between its social capital and grassroots network as primary supporting factors, which confront the hegemony of patriarchal culture, limitations in authority, and the complexity of victims’ dilemmas as dominant hindering factors. It is concluded that Family Welfare Empowerment is a vital yet limited preventive partner whose potential can only be optimized through systemic policy support to strengthen its cadres’ legal and intervention capacities.
Penguasaan Tanah Negara oleh Warga di Kampung Baru Harjamukti Depok: Studi Kepastian Hukum dan Keadilan Sosial Sihombing, Petrus Roni Kristian; Widjojo, Anne Gunadi Martono
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.v7i1.438

Abstract

The occupation of state land in urban Indonesia often generates complex conflicts between residents’ needs and the demands of formal legality, with implications for legal certainty and social justice. This study comprehensively analyzes the occupation of state land by residents in Kampung Baru Harjamukti, Depok, to examine the attendant problem of legal certainty, identify its implications for the realization of social justice for residents, and evaluate land governance in order to formulate an integrative solution model. Utilizing a normative legal research method that incorporates statute, conceptual, and limited case approaches, this study examines primary, secondary, and tertiary legal materials. It finds that thousands of residents have occupied state land without a valid title since the 1990s, a situation driven by informal transactions and complicated by a historical land legacy. Key findings indicate that this ambiguous legal status directly causes 4,800 residents, including 1,800 individuals without official residency documents, to lose access to essential public services and experience systemic marginalization, reflecting a social justice deficit. Furthermore, the study identifies weak inter-agency coordination and the ineffective exercise of governmental authority in conflict management. It is concluded that the agrarian conflict in Kampung Baru is a multidimensional crisis that demands an integrated solution—encompassing comprehensive land data collection, legalization of residents’ identity, and participatory cross-agency mediation—to sustainably achieve both legal certainty and social justice.
Kompleksitas Transfer Atlet Ilegal: Tantangan terhadap Integritas Penyelenggaraan Kejuaraan Daerah–Nasional dan Implementasi UU Nomor 11 Tahun 2022 Ratu, Kornelis
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.v7i1.443

Abstract

The practice of illegal athlete transfers is a latent problem that fundamentally threatens the integrity of competition and the sports development system in Indonesia. Despite the enactment of Law Number 11 of 2022, this practice persists due to the complexity of the issue, which has not been fully unraveled. This study aims to deconstruct the systemic pathology of illegal athlete transfers by analyzing the interconnection of the juridical, institutional, and socio-political factors that perpetuate it. Employing a socio-legal research method with a qualitative approach, this study examines statutory regulations, academic literature, and relevant case studies to investigate the topic. The findings indicate that the practice of illegal transfers is a symptom of three main pillars of weakness. First, regulatory fragmentation results from the conflict between national law and lex sportiva. Second, the dysfunction of oversight institutions and the absence of a centralized data infrastructure. Third, the functional paralysis of Law Number 11 of 2022 is due to the absence of specific and comprehensive implementing regulations governing inter-regional athlete transfer mechanisms. These weaknesses are actively exploited by a culture of politicization and patronage entrenched in sports governance. It is concluded that piecemeal reforms will not be effective. A comprehensive reform roadmap is required, encompassing regulatory harmonization, institutional strengthening, depoliticization, and the enhancement of legal literacy to build a sports ecosystem founded on integrity and accountability.
Kedudukan Anak Perempuan dalam Hukum Waris Sunni dan Syiah: Kajian tentang Keadilan dan Penerapannya di Nusa Tenggara Barat Suryadin, Suryadin; Arkiang, Bachder Syarif; Yumansyah, Diky; Zuhrah, Zuhrah
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.v7i1.447

Abstract

Islamic inheritance law constitutes a paradigmatic arena of debate concerning gender justice. This debate primarily concerns the position of daughters, which differs fundamentally between the Sunni and Shia schools of thought. This study has three objectives: first, to comparatively analyze the position of daughters in the legal constructions of Sunni and Shia inheritance law; second, to map the implementation of this law within the landscape of legal pluralism in West Nusa Tenggara; and third, to evaluate the materialization of gender justice in prevailing practices. This study employs a mixed-methods design with a sequential explanatory strategy. It combines doctrinal analysis of primary jurisprudential texts, an examination of court decisions, in-depth interviews with judges and customary leaders, and a survey of 150 heads of households in three representative locations in West Nusa Tenggara. The results reveal three layers of conflict. First, a philosophical conflict between the principles of ‘aṣabah (Sunni) and qarābah (Shia). Second, a variation in implementation at the judicial level, ranging from rigid-formalistic to adaptive-collaborative, which is heavily influenced by the hegemony of patriarchal customary law. Third, a quantitatively measured gender justice deficit caused by the interaction among the formalism of state law (the Compilation of Islamic Law), the dominance of patriarchal culture, and low gender literacy. It is concluded that gender injustice in inheritance practices in West Nusa Tenggara is structural. This problem cannot be resolved merely through the reform of legal texts but requires a holistic approach that includes critical education and the strengthening of substantive justice mechanisms.

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