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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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Penolakan Pembayaran Tunai dalam Bertransaksi: Tinjauan Hukum Ekonomi Syariah pada Praktik Bisnis di Mulia Coffeenary Desvrianto, Muhammad Rafi; Asyiqin, Hisyam; Nuroni, Abdul Muiz
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.v7i1.469

Abstract

Digital payment innovations have prompted business actors to implement exclusive non-cash transaction policies. However, this practice raises significant juridical and ethical problems. This research aims to critically analyze the policy of cash payment refusal through a case study at Mulia Coffeenary. The study employs an empirical legal research method, anchored by a primary review from the perspective of Sharia Economic Law. The results of the analysis indicate that this policy conflicts with the mandate of Rupiah sovereignty as outlined in Law Number 7 of 2011. Furthermore, the practice infringes upon the consumer’s right to choose, which is guaranteed by Law Number 8 of 1999. From a sharia review, the practice is found to be inconsistent with the principle of mutual consent (‘an tarāḍin minkum) in contracts and the legal maxim prohibiting harm (lā ḍarar wa lā ḍirār) to specific segments of society. It is concluded that the business rationale of efficiency and security cannot justify disregarding legal norms and transactional ethics. Therefore, this study recommends a model of coexistence between cash and digital payments to ensure broader financial inclusion and justice.
A Legal Analysis of Justice in the Fiqh Siyasah Perspective on the Additional Voters List Regarding the Double Voter Case in the 2020 Labuhanbatu Regent Election Dispute Riyoeda, Adrian; Pasaribu, Ilhamsyah
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.v7i1.461

Abstract

The 2020 Labuhanbatu Regent Election Dispute, culminating in a Constitutional Court Decision, highlights the crucial issue of voter roll integrity, particularly concerning the double voter within the Additional Voters List. This research aims to unravel the causal factors that trigger the occurrence of the double voter and to assess the normative validity and integrity of the Additional Voters List from the perspective of fiqh siyasah. Employing a normative legal research method with a case approach, this study qualitatively analyzes Constitutional Court Decision Number 58/PHP.BUP-XIX/2021 and its related statutory regulations. The analysis finds that the phenomenon is rooted in a multi-layered problem. These factors range from procedural negligence by administrators at the technical level to the weak competence and integrity of human resources, as well as systemic weaknesses, including population data management and a lack of inter-agency coordination. It is concluded that from the fiqh siyasah perspective, the practice of the double voter is not merely an administrative violation. It constitutes a betrayal (khiyanah) of the public trust (amanah) that fundamentally undermines the principle of justice (‘adl) and corrupts the public good (maslahah al-’ammah), thereby nullifying the legitimacy of the electoral process.
The Judge’s Role in the Effectiveness of Anti-Corruption Enforcement in Indonesia: A Juridical Analysis Behuku, Jitro Gianfranco; Kusuma, Jevine Ilonesia; Chasanah, Nabila Uswatun; Sugianto, Fajar; Indradewi, Astrid Athina
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.v7i1.464

Abstract

The effectiveness of anti-corruption law enforcement in Indonesia is facing a severe legitimacy crisis. This condition is characterized by a paradox between a robust legal framework on paper and its inadequate implementation in practice, thereby eroding public trust. This research aims to critically analyze the central role of judges in determining this effectiveness, with an analytical focus on the problematic interpretation of legal norms and the systemic challenges that impede judicial performance. Through a normative legal approach fortified by a case study, this research employs qualitative content analysis to dissect the legal reasoning in two key 2024 decisions from the Corruption Crimes Court. The findings reveal a diametrically different legal treatment of defendants. On one hand, the court was capable of convicting an individual defendant (a rogue judge) through a procedural application of the law. On the other hand, the court acquitted five large corporations of all legal charges in a corruption case that resulted in significant state economic losses. This acquittal was based on the legalistic argument that the proven act did not constitute a criminal offense. This dualism confirms that law enforcement effectiveness remains sporadic, undermined by a disparity in the professional capacity of judges to interpret the element of “unlawful act,” particularly in complex corporate crimes. It is concluded that without systemic judicial reform to standardize legal interpretation and strengthen accountability, anti-corruption law enforcement will remain blunted when confronting powerful economic actors.
Justice Collaborator at a Legal Crossroads: An Analysis of the Tension between Substantive Justice and Legal Certainty Firmansyah, Rizqy Adi; Widjaja, Matthew; Kusumawardani, Cesilia Elok; Sugianto, Fajar; Indradewi, Astrid Athina
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.v7i1.479

Abstract

This research examines the tension between substantive justice and legal certainty within the Indonesian criminal justice system, which arises from the legal ambiguity surrounding the Justice Collaborator. The case study focuses on the Justice Collaborator verdict in the premeditated murder case involving Irjen FS. Utilizing a normative juridical research method through statute, case, and conceptual approaches, this study aims to analyze how the legal vacuum regarding the Justice Collaborator in the Penal Code is addressed through judicial adaptation. The findings indicate that the Panel of Judges constructed a “parallel penal track” to grant a reward to Bharada E as the Justice Collaborator. This track refers to sectoral legal instruments such as Law Number 13 of 2006 and Supreme Court Circular Number 4 of 2011. Although this practice successfully realized substantive justice, it inherently creates a systemic implication in the form of tension between judicial discretion and the principle of legal certainty, a pillar of the civil law system. It is concluded that the absence of a codified norm for the Justice Collaborator potentially threatens the consistency and predictability of criminal law, which, if not promptly addressed through reform, could risk the systemic delegitimization of the criminal justice system in the future. Therefore, this research recommends the urgent need for a comprehensive codification of the Justice Collaborator doctrine into the Penal Code and Law Number 8 of 1981 to align the needs of law enforcement with the maintenance of the principle of legality.
Legislative Authority and Equal Partnership: A Juridical Analysis of the Role of Regional Houses of Representatives in Regional Regulation Making Nirwan, Nirwan; Fahmal, A. Muin; Arif, Mohammad
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.v7i1.482

Abstract

Although designed as equal partners, the relationship between the Regional House of Representatives and the regional head in the legislative function often lacks synergy, yielding problematic legal outcomes. This study aims to systematically analyze the legislative authority of the Regional House of Representatives throughout the entire cycle of Regional regulation-making. Additionally, this study examines the essential standing of the Regional House of Representatives in its relationship with the regional head. Employing a normative legal research method through the statute approach and the conceptual approach, this study analyzes relevant primary and secondary legal materials. The results indicate that the legislative authority of the Regional House of Representatives is comprehensively manifested in every stage of Regional Regulation-making. These stages begin with planning within the regional legislation program, extend to the formulation of the Academic Paper, joint deliberations, and conclude with enactment and promulgation, placing it as a non-subordinate authority holder. Furthermore, it is concluded that the standing of the Regional House of Representatives relative to the regional head is fundamentally that of an equal partnership. This stance is grounded in the principles of decentralization and balanced political legitimacy. This equal standing is concretely manifested through the execution of the tri-functional role of the Regional House of Representatives (legislative, budgetary, and oversight), which is supported by an effective mechanism of checks and balances. This article presents a juridical analysis framework for examining the critical points within the regional legislative cycle, providing a reference for institutional reform.
The Dialectic of Ishlah Principle: Contextualizing Reconciliation on the Dominant Factors of Divorce Rahim, Dinaryati
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.v7i1.484

Abstract

The uniform application of mediation in divorce cases in Indonesia has proven unevenly effective, particularly when confronted with conflicts that undermine the essence of marriage, the sacred covenant (mitsaqan ghalizhan), such as domestic violence. Addressing this problem, this study critically analyses the dialectic between the imperative of the Reconciliation principle (ishlah) and the heterogeneity of factors that cause divorce. Employing a normative-qualitative legal research method and an Islamic legal philosophy approach, this study operationalizes the framework of the higher objectives of shari’ah (maqasid al-shari’ah) as its primary analytical tool. The findings reveal an apparent dichotomy. Mediation holds potential for success in functional-relational conflicts, such as economic factors and persistent disputes (syiqaq). However, it proves ineffective and philosophically inappropriate in cases of fundamental violations like domestic violence and infidelity, as it contradicts the objective of the preservation of life (hifz al-nafs). This research concludes that the paradigm of success in mediation must be reconceptualized. It must shift from merely achieving a formal marital reunion (rujuk) to realizing an amicable divorce (tasrihun bi ihsan), wherein a peaceful agreement on post-divorce rights becomes the primary metric. Therefore, the development of conflict typology-based mediation guidelines is recommended to align legal practice with substantive justice.
Ethics and Law of Personal Data Protection for Smartwatches in the Healthcare Sector Irwanto, Hartono Tasir; Wiranti, Wiranti; Dahlan, Muhammad Fitratallah; Kadir, Nadiah Khaeriah
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.v7i1.489

Abstract

The rapid adoption of smartwatches in the healthcare sector presents a fundamental duality between the potential for medical innovation and systemic risks to the right to privacy. This research aims to critically analyze the juridical-ethical gap between the health data governance practices of the smartwatch industry and the normative standards mandated by Law Number 27 of 2022. Using a normative legal research method and a gap analysis approach, this study dissects how industry practices systematically create a transparency deficit and devalue the meaning of informed consent into an illusory agreement. The analysis reveals a diametrical opposition between the regulatory ideal (das sollen), which prioritizes user autonomy, and the reality of industry practices (das sein), which are driven by commercial interests and formalistic compliance. This gap not only exposes users to data exploitation but also challenges the effectiveness of Law Number 27 of 2022 in addressing the complexity of wearable technology. Therefore, this research recommends a paradigm shift from the fragile consent-based model to a rights-based model. Furthermore, it urges the formulation of specific implementing regulations for the health technology sector to bridge the existing gap and build a fair and accountable digital ecosystem.
Evidentiary Strength of Land Ownership Certificates: An Analysis of Judicial Considerations in Supreme Court Decision Number 3762 K/Pdt/2022 Ardiansyah, Aldi; Akbar, Muhammad Gary Gagarin; Abas, Muhamad
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.v7i1.463

Abstract

The Land Ownership Certificate, as a manifestation of formal legal certainty, often clashes with substantive justice, particularly when its acquisition process is based on an unlawful act. This fundamental problem is central to Supreme Court Decision Number 3762 K/Pdt/2022. The decision contrasts a claim based on hereditary rights and physical possession with ownership based on a certificate originating from a juridically flawed transaction. This research aims to critically evaluate the appropriateness of the Supreme Court’s considerations in that decision. Using a normative juridical method enriched by critical discourse analysis and John Rawls’s theory of justice, this study deconstructs the paradigmatic dialectic between the judex factie and the judex juris. The analysis reveals that the decisions of the judex factie (District Court and High Court) tended to adopt a progressive approach by prioritizing material truth. In contrast, the Supreme Court applied a rigid legal positivism paradigm, protecting the certificate’s formal validity without conducting a substantial validity test of its acquisition process. It is concluded that while doctrinally justifiable, the Supreme Court’s decision is fundamentally unjust. It sacrifices the rights of the heir as the most vulnerable or least advantaged party and implicitly legitimizes the outcome of an illegality. This decision sets a dangerous precedent that reduces legal certainty to mere procedural formality and negates the law’s objective of achieving substantive justice in agrarian disputes.
The Paradox of Mineral Downstreaming: An Economic Analysis of Mining Regulatory Disharmony in Indonesia Pohan, Choirul Rohmiyanti; Sugiarto, Laga; Hidayat, Arif; Martitah, Martitah
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.v7i1.465

Abstract

Although Indonesia’s mineral downstreaming policy aims to enhance value added, its implementation is impeded by fundamental regulatory disharmony. This study aims to evaluate the legal framework of the downstreaming policy to identify inconsistencies and to examine its substantive provisions from an EAL perspective. Employing an interdisciplinary legal research method, this study applies a RIA framework to analyze secondary data comprising statutory instruments and relevant literature. The findings reveal that the policy’s legal framework, while vertically coherent, suffers from severe horizontal disharmony with environmental and spatial planning laws. This disharmony is proven to create significant economic inefficiencies, negative externalities, and high-cost legal uncertainty. The study concludes that active regulatory intervention is a necessity. Therefore, a multi-track strategy is recommended: first, the issuance of precise implementing regulations as a short-term solution; second, the parallel strengthening of non-regulatory interventions; and third, a long-term legislative harmonization agenda.
Gender Justice in Sighat Taklik Talak: Towards Equal Legal Protection for Husband and Wife in Indonesia Amelia, Noor Izzati; Syaikhu, Syaikhu; Maulana, Anas
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.v7i1.466

Abstract

The practice of sighat taklik talak in Indonesian marriage law exclusively grants the right of pronouncement to the husband, creating an imbalance in legal protection and contradicting the constitutional principle of gender equality. This research aims to analyze the ambiguous legal position of sighat taklik talak critically and to deconstruct the gender injustice embedded within it, in order to formulate an argument for legal reform towards a reciprocal model. Employing a normative juridical research method with statutory, conceptual, and historical approaches, this study analyzes primary and secondary legal materials through systematic and teleological interpretation. The findings indicate that the legal position of sighat taklik talak is problematic. While the instrument is recognized by the Compilation of Islamic Law, it misaligns with the principle of consensualism in civil law. More fundamentally, its unilateral nature creates legally legitimized gender-based discrimination by denying an equivalent protection mechanism for the husband. It is concluded that the current practice does not reflect substantive justice. Therefore, regulatory reform of sighat taklik talak is a juridical imperative to transform it into a reciprocal protection agreement that guarantees legal certainty and equality for both husband and wife.

Page 17 of 21 | Total Record : 208

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