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Abd Kahar Muzakkir
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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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The Dynamics of Rights and Obligations in Long-Distance Marriages: An Islamic Law Perspective on a Case Study in Palangka Raya City Rizky, Ghina Aulia; Syaikhu, Syaikhu; Ahmad, Sabarudin
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.v7i1.467

Abstract

Long-distance marriage presents serious challenges to the fulfillment of spousal rights and obligations, potentially triggering conflict and household disintegration. This study aims to conduct an in-depth analysis of these dynamics through a qualitative-empirical case study of a couple in Palangka Raya City. Data were collected through in-depth interviews, observation, and documentation, and subsequently analyzed interpretively using the frameworks of the Compilation of Islamic Law and Maqāṣid al-Syarī’ah. The key finding of this research reveals that the husband’s sustained failure to fulfill his obligation of financial support triggered an extreme role reversal, wherein the wife became the sole financial provider. This imbalance became the root of communication erosion, the creation of emotional distance, and the accumulation of conflicts culminating in divorce. It is concluded that the marital disintegration was not caused solely by physical distance; the primary factor was the couple’s inability to renegotiate their roles and responsibilities equitably. This situation, both juridically and philosophically, contradicts the principles of justice and benefit in Islamic family law. This research contributes fundamental empirical data to the contemporary discourse on fiqh concerning modern marriage.
Integration of Anti-SLAPP in the Reform of the Indonesian Criminal Procedure Code in an Effort to Protect Human Rights Muhni, Afif; Basri, Muhammad; Rivanie, Syarif Saddam; Iskandar, Ismail; Muin, Audyna Mayasari; Mirzana, Hijrah Adhyanti
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.v7i1.485

Abstract

Public participation in Indonesia faces a threat of systematic criminalization due to a procedural legal vacuum in Law Number 8 of 1981. This loophole enables the abuse of the legal process through SLAPP, a practice that silences critical voices and delegitimizes the constitutional guarantees for Human Rights. This study aims to analyze the urgency of and formulate a normative framework for comprehensively integrating an Anti-SLAPP mechanism into the Criminal Procedure Code Bill. Using a normative legal research approach, this study examines the disharmony between substantive protection norms and the absence of procedural enforcement instruments. The analysis reveals that without an early screening mechanism, a rule for shifting the burden of proof, and the recognition of a public interest defense, Law Number 8 of 1981 structurally fails to protect citizens. Therefore, this study recommends the integration of an inclusive and non-sectoral Anti-SLAPP mechanism into the Criminal Procedure Code Bill, designed to protect not only conventional activism but also participation in the digital space. This step is a fundamental prerequisite for strengthening the rule of law, fulfilling commitments to SDG 16, and ensuring the resilience of Indonesian democracy in the future.
Village Fund Pathology and Supervisory Dysfunction: A Legal Analysis in Boalemo Regency Pade, Sri Rahayu Lestari; Rasdianah, Rasdianah
SIGn Jurnal Hukum Vol 7 No 2: Oktober 2025 - Maret 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i2.486

Abstract

Indonesia’s Village Fund policy faces a serious challenge in the form of systematic financial misuse, which is exacerbated by a weak internal oversight mechanism. This research aims to analyze the modus operandi of Village Fund misuse and the institutional dysfunction of the Inspectorate in performing its supervisory functions in Boaloemo Regency. Using an empirical juridical approach and a qualitative study design, primary data were collected through in-depth interviews, observation, and questionnaires, supported by secondary data from a document analysis. The results indicate a governance pathology at the village level, manifested through authoritative deviation, financial manipulation, and administrative engineering. This condition is triggered by a lack of participation and transparency. Furthermore, the study finds that this pathology is directly caused by the dysfunction of the Inspectorate, which suffers from structural constraints including resource deficits (budget and auditors), geographical challenges, an excessive workload, and a lack of sanctioning authority that blunts the deterrence effect. It is concluded that a strong causal relationship exists, wherein the failure of the internal oversight function is the determining factor that creates a permissive environment for widespread misappropriation. Therefore, three strategic policies are recommended: the institutional capacity building of the Inspectorate, the revitalization of participatory oversight mechanisms at the village level, and the enhancement of competency standards for village apparatus human resources.
The Crime of Kidnapping with Aggravation According to Islamic Criminal Law Afrianti, Tika; Lubis, Syaddan Dintara
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.v7i1.492

Abstract

The fragmentation of regulations on the crime of kidnapping within the Indonesian legal system—scattered across the Penal Code and sectoral laws—creates normative inconsistencies that risk injuring legal certainty. This condition necessitates a more coherent penal framework that is substantively just. On the other hand, Islamic criminal law (fiqh jinayah) categorizes kidnapping (ikhtithaf) as a ta’zir offense, which offers a flexible sanctioning mechanism based on the principles of maqashid syariah. This research offers a comparative analysis to bridge these normative inconsistencies by introducing the sanction aggravation framework of fiqh jinayah as a critical evaluative lens. Using a normative juridical method with statutory, conceptual, and comparative law approaches, this study analyzes primary and secondary legal materials from both legal traditions. The findings reveal a fundamental philosophical difference: positive law applies a rigid, procedurally-oriented system of sanction gradation, whereas fiqh jinayah provides a holistic and adaptive framework for punishment aggravation based on substantive justice. This penal model in fiqh jinayah is dynamically determined by the degree of violation against the protection of life (hifz al-nafs), lineage (hifz al-nasl), and property (hifz al-mal), while comprehensively considering victim characteristics, the modus operandi, and the consequences inflicted.
The Paradox of Rebus Sic Stantibus Principle: The Dialectic between Stability and Flexibility in Contemporary International Treaty Law Ardiansyah, Ardiansyah; Samad, Rezki Purnama; Sutiyono, Rahmat
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.v7i1.494

Abstract

International treaty law confronts a fundamental dialectic between the stability guaranteed by the principle of pacta sunt servanda and the demand for flexibility driven by disruptive global dynamics. The principle of rebus sic stantibus serves as a theoretical safety valve to ensure justice. In practice, however, it has become a paradox: a doctrine that is formally recognized yet rendered virtually inaccessible by highly restrictive interpretations. Through normative legal research employing statute, conceptual, and jurisprudential analysis approaches, this study examines the legal architecture and judicial practice that shape this doctrine. The analysis reveals that its codification in Article 62 of the 1969 Vienna Convention deliberately established onerous cumulative conditions. This policy is reinforced by the judicial practice of the International Court of Justice, which has consistently rejected claims of a fundamental change of circumstances in key cases. It creates a significant chasm between the doctrine’s theoretical existence as an instrument of justice and the reality of its severely limited application, establishing it as a ‘sleeping giant’ within the international legal order. This study concludes that this rigidity threatens the relevance of treaty law in responding to contemporary crises, such as systemic climate change and technological disruption. Therefore, this study recommends a renewed discourse on a more dynamic interpretation to rebalance stability with justice.
The Paradox of Implementing Restorative Justice at the Investigation Stage: A Systematic Weakening of Sentence Enhancement for Repeat Offenders Adiningsih, Yufiyandini; Batubara, Gialdah Tapiansari
SIGn Jurnal Hukum Vol 7 No 2: Oktober 2025 - Maret 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i2.496

Abstract

The progressive adoption of restorative justice at the investigation stage has created the unintended consequence of systematically weakening law enforcement against repeat offenders. This study aims to analyze how the normative framework of restorative justice, particularly Police Regulation Number 8 of 2021, and its field implementation create a juridical gap that directly neutralizes the sentence enhancement mechanism. Employing juridical-normative and juridical-empirical approaches, this study confronts the ideal legal text (das sollen) with the practical reality (das sein) at the Criminal Investigation Unit of the Sumedang Regency Police. Key findings indicate that the regulation’s definition of recidivism, which is exclusively tied to a “court judgment,” renders restorative settlement records—which are purely administrative in nature—devoid of juridical evidentiary force. Consequently, offenders who repeatedly utilize the restorative path will always be considered first-time offenders. This condition opens a dangerous loophole for impunity and the weakening of the deterrent effect. This study concludes that without a policy reconstruction that grants limited legal status to restorative records and integrates them into a unified criminal justice data system, the noble goal of restorative justice risks sacrificing the principles of legal certainty and public protection. Therefore, urgent regulatory reform is necessary to synchronize the objective of restoration with the imperative of effective law enforcement against repeat offenders.
Juridical Implications of Constitutional Court Decision Number 105/PUU-XXII/2024 Regarding Freedom of Expression in the Digital Space Chariansyah, Hery
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.v7i1.498

Abstract

Constitutional Court Decision Number 105/PUU-XXII/2024 emerges as a crucial judicial intervention amid an Indonesian digital legal landscape characterized by the widespread criminalization of freedom of expression through vaguely worded articles in Law Number 11 of 2008 and its amendments. This research aims to comprehensively analyze the juridical implications of this decision, evaluate its consistency with constitutional norms and international human rights standards, and map its implementation challenges and prospects for future legal reform. Utilizing a normative legal research method that integrates statute, case, and comparative approaches, this study deeply dissects the legal reasoning (ratio decidendi) of the Constitutional Court and its impact on the legal system. The findings indicate that this decision fundamentally transforms the crime of defamation into an absolute complaint-based offense that purely protects individual honor. It significantly strengthens legal protection for public criticism and the democratic oversight function of citizens. It was also found that the decision is fully aligned with the constitutional guarantees in the 1945 Constitution and consistent with the principles of necessity and proportionality within the ICCPR. It is concluded that although the ruling represents a monumental advancement, its implementation faces serious challenges. These challenges include a legal vacuum concerning the protection of institutional reputation and the urgent need for a cultural shift within law enforcement agencies, thereby necessitating that this decision be leveraged as momentum for a broader digital law reform agenda.
Judicial Law-Finding in the Criminal Justice System: Harmonizing Legal Certainty and Substantive Justice Irwan, Muhammad; Rahman, Ali; Amaliyah, Amaliyah
SIGn Jurnal Hukum Vol 7 No 2: Oktober 2025 - Maret 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i2.502

Abstract

The enactment of Law Number 1 of 2023 marks a fundamental paradigm shift in the Indonesian criminal justice system, prioritizing substantive justice over formal legal certainty. This shift radically transforms the role of a Judge from a mere mouthpiece of the law (bouche de la loi) to an active law-finder (rechtsvinder). However, the practice of law-finding in the field remains largely ad hoc and intuitive, creating a risk of inconsistency. Addressing this urgency, this research aims to formulate a systematic and accountable ideal concept of judicial law-finding to serve as an operational guide for Judges. Using a normative juridical method that integrates a statute approach, a conceptual approach, and a case approach to key court decisions, this study conducts a methodological reconstruction of the practice of judicial discretion. The primary finding is the formulation of a “judicial compass” built upon five mutually reinforcing fundamental principles: (1) proportionality, (2) transparency and accountability, (3) judicial consistency, (4) social responsiveness, and (5) dynamic equilibrium. These five principles collectively transform the law-finding process into a structured and rational approach. Thus, this ideal concept contributes both theoretically and practically by offering a coherent framework for Judges to execute the mandate of Law Number 1 of 2023, enabling them to harmonize legal values justly and measurably in every decision.
Non-Standard Employment Relationships in the Digital Era: A Normative Study on the Regulatory Void in Protecting Ride-Hailing Drivers Fransisco, Fransisco; Nugroho, Any; Natania, Elsa Beatris Rut
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.v7i1.503

Abstract

Amid the massive expansion of the digital economy, millions of ride-hailing drivers in Indonesia work under conditions of legal vulnerability due to the use of a ‘partnership’ scheme that systematically conceals a genuine employment relationship. This phenomenon has created a fundamental regulatory void, wherein the national labor law framework fails to provide adequate protection. This research aims, first, to critically analyze the legal character of the relationship between drivers and platforms, and second, to examine the incompatibility of this partnership model with the principles of Indonesian industrial relations. Through a normative legal research method using statutory, conceptual, and comparative approaches, it was found that the ‘partnership’ label is proven to be a legal fiction. Substantively, the three elements of an employment relationship (work, wages, and orders) as stipulated in Law Number 13 of 2003 have been fulfilled. The element of ‘orders’ is strongly manifested through the mechanism of digital subordination or algorithmic management. This denial of legal status directly erodes the foundations of worker protection, nullifying access to social security, fair dispute resolution mechanisms, and the right to associate. Therefore, this research asserts that the relationship is a disguised employment relationship that demands decisive state intervention. A fundamental legislative reform of Law Number 13 of 2003 is necessary to respond to the dynamics of digital work in a fair and socially just manner.
Judicial Diagnostic Failure: A Deconstruction of Disharmony as a Rationale in Employment Termination Rulings Siddik, Mahfud
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.v7i1.512

Abstract

Industrial relations jurisprudence in Indonesia is confronted by a critical anomaly: the normalisation of using “disharmony” as a rationale to legitimise employment termination—a legal ground not enshrined in labour legislation. This research aims to critically deconstruct the judicial diagnostic failure inherent in this practice. It conducts an in-depth analysis of the ratio decidendi of Court Decision Number 143/Pdt.Sus-PHI/2016/PN.Bdg juncto Supreme Court Decision Number 786 K/Pdt.Sus-PHI/2017 as a central case study. Employing a normative legal research method that combines statute and case approaches, this study examines the judicial logic and its underlying philosophical considerations. The research reveals that “disharmony” is not a valid legal cause; instead, it is merely a symptom of a deeper industrial conflict. The fatal judicial error lies in the failure to test the conflict’s root cause against the exhaustive list of grounds for termination stipulated in the law. Furthermore, the study deconstructs how the principle of utility is misinterpreted as a pragmatic justification for unethical behavior. This interpretation, framed by Radbruch’s theory of legal objectives, ironically sacrifices the pillars of legal certainty and justice. The findings confirm that normalizing the “disharmony” rationale sets a dangerous precedent that undermines the rule of law and the principle of worker protection. This research also offers an analytical framework for future judicial practice to prevent the recurrence of similar failures, particularly within the post-Job Creation Law legal regime.

Page 18 of 21 | Total Record : 208

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