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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 Paradox of Jakarta’s Carbon Tax Policy: A Legal-Administrative Analysis of Non-Implementable Policy and International Compliance Mulyono, Fadhel Koto Bida
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.v7i2.535

Abstract

DKI Jakarta’s climate mitigation efforts require reformulating the Motor Vehicle Fuel Tax (MVF Tax) from a “selling value” basis to an “emission” basis. However, this initiative is hindered by an acute policy paradox. The Decree of the Governor of DKI Jakarta Number 542 of 2025 grants incentives (tax discounts), which are philosophically and juridically misaligned with the disincentive mandate of Law Number 32 of 2009. This juridical-normative legal research analyzes this fundamental discrepancy using statute and conceptual approaches. The data analysis technique is operationalized through norm conflict analysis, compliance analysis, and juridical-conceptual analysis (risk mitigation). This research yields several findings. First, the de jure authority for reformulation (changing the MVF Tax basis) is normatively available by prioritizing the mandate of Law Number 32 of 2009. However, second, this policy is de facto non-implementable as long as the contradictory Decree of the Governor of DKI Jakarta Number 542 of 2025 remains in effect. Third, compliance with Article 6 of the Paris Agreement is conditional, demanding the absolute integration of regional mitigation actions into the SRN-PPI to avoid double counting. Fourth, implementation risk mitigation (regressive impact and fiscal leakage (fuel leakage)) juridically demands an imperative revenue allocation (revenue recycling) or earmarking design and inter-regional fiscal coordination. In conclusion, the MVF Tax reformulation is not merely a technical change. This policy constitutes a prerequisite requiring the revocation of paradoxical internal policies, the integration of accountability into SRN-PPI, and an equitable earmarking design. These steps are necessary to ensure legal certainty and effective climate mitigation.
Reconstruction of Trade Secret Clauses in F&B Franchises: Mitigating Loss Aversion through a Risk Allocation Approach Sinaga, Irene Puteri Alfani Sofia; Mulyono, Fadhel Koto Bida
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.v7i2.537

Abstract

The Food and Beverage (F&B) franchise sector in Indonesia faces a juridical paradox. Aggressive trade secret protection efforts precisely result in systemic unenforceability in court. This study aims to dissect the root causes of evidentiary failures regarding the “reasonable steps” element in franchise disputes and to formulate a proportional, enforceable operational clause model. Through a normative juridical method with an interdisciplinary approach, this study integrates Legal Certainty Theory, Prospect Theory from behavioral economics, and Risk Allocation Theory as diagnostic, evaluative, and prescriptive analysis tools. Research findings reveal that ambiguous and lop-sided protection clauses are not merely administrative errors. They constitute a manifestation of the franchisor’s irrational loss-aversion bias. Excessive fear of losing vital assets drives the creation of excessive contracts that violate the principle of good faith and fail to fulfill the objective requirements of an agreement. This condition fatally undermines the validity of digital evidence under Law Number 11 of 2008. As a prescriptive solution, this research recommends a fundamental reconstruction of contractual instruments, shifting from the loss-aversion paradigm to an equitable Risk Allocation Theory. The proposed operational clause model includes a limiting definition of a secret object, layered confidentiality obligations, a notice-and-cure mechanism, and reasonable time and territorial restrictions on the non-competition clause. This reconstruction aims to guarantee practical legal certainty and the sustainability of the national franchise business ecosystem.
The Urgency of Legal Protection Reform for Workers’ Mental Health: A Comparative Study of Indonesia and Singapore Almufarrida, Salsabila; Malie, Adi Muliawansyah
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.v7i2.539

Abstract

The current global paradigm shift in the employment sector no longer focuses exclusively on physical safety. Instead, this focus has expanded to the urgency of protecting workers’ psychological well-being. Unfortunately, the issue of worker mental health in Indonesia remains marginalized within the labor law framework. This research aims to critically analyze the technical normative vacuum within national regulation. Furthermore, this study aims to formulate an ideal regulatory model by adopting best practices from Singapore. This research employs a doctrinal legal research method, drawing on statutory, conceptual, and comparative approaches. This study examines in depth the legal architectural gaps between the two countries. The results reveal crucial facts regarding Article 35 section (3) of Law Number 13 of 2003. Although the article mandates protection of mental health, the absence of specific implementing regulations renders the norm unenforceable. This condition differs from Singapore, which possesses the WSHA 2006 and integrated Tripartite Advisory technical guidelines. This disparity creates structural vulnerability for Indonesian workers against psychosocial hazards. These hazards include extreme work stress and intimidation, exacerbated by the lack of standardized early-detection instruments. As a prescriptive solution, this research recommends the issuance of a specific Ministerial Regulation on Mental Health Protection at the Workplace. This regulation must mandate psychosocial risk assessment and require access to EAP. This reform is urgently needed to shift the protection paradigm from a voluntary, reactive approach to a mandatory, preventive one. This is necessary to guarantee workers’ fundamental rights to a healthy and dignified working environment.
The Urgency of Applying Insolvency Test on General Corporate Bankruptcy under the Regime of Law Number 37 of 2004 Silalahi, Udin; Lo, Adeline; Chen, Natasya Edgina; Baretta, Nicole
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.v7i2.541

Abstract

Unlike the financial sector, which has been modernized through Law Number 4 of 2023, the bankruptcy regime for general corporate entities in Indonesia remains confined to formalistic requirements. This is rooted in Article 2 section (1) of Law Number 37 of 2004, which adopts the principle of presumption of insolvency, allowing a company to be declared bankrupt with merely two creditors and one matured debt. This process may occur without a material assessment of financial condition. This condition creates a legal loophole that allows creditors to misuse bankruptcy instruments as an aggressive debt-collection tool. This practice can result in solvent companies being terminated, as evidenced by the case analysis of PT Sritex, which was ultimately declared bankrupt. This study aims to analyze the urgency of applying the insolvency test as a substantive requirement for general corporate bankruptcy. Furthermore, this research examines the juridical obstacles to its implementation within the commercial court system. The research method employed is normative legal research using statute, conceptual, and comparative approaches regarding the Insolvency Act 1986 (UK) and the Bankruptcy Code (US). The results conclude that the primary obstacle to adopting the insolvency test is the conflict with the principle of summary proof (sumir) in Article 8 section (4) of Law Number 37 of 2004. Therefore, this study recommends legal reform through a hybrid approach. This model combines the cash flow test as an entry point and the balance sheet test as a defense mechanism. Another recommendation is the shifting of the burden of proof to the debtor to prove its solvency. This step aims to realize economic justice and prevent premature bankruptcy.
Reorientation of Indonesian Criminal Law Politics: Shifting Paradigm from Retributive to Restorative in Death Penalty Regulation Rivanie, Syarif Saddam; Ashar, M. Susilo Ihlasul
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.v7i2.544

Abstract

The shift in global sentencing paradigms, which increasingly abandons the retributive approach in favor of human rights protection, creates an internal normative antinomy within the Indonesian legal system. This antinomy occurs between the constitutional guarantee of the right to life and the continued existence of the death penalty. This study aims to develop a model for reorienting national penal policy from a retributive to a restorative paradigm. Furthermore, this study analyzes the juridical mechanism for implementing the conditional death penalty following the enactment of Law Number 1 of 2023. This research constitutes normative legal research employing statute, case, and conceptual approaches. The legal materials analyzed include primary sources, such as statutory regulations and Constitutional Court decisions, as well as secondary sources from the literature and international reports. The results indicate that the alteration of the death penalty status from a principal punishment to a special punishment with a 10 (ten) year probationary period constitutes a transitional or quasi-abolitionist compromise. This compromise aims to bridge global demands and domestic social defense needs. However, the vacuum of norms regarding the assessment indicators for “commendable attitude” during the probationary period has the potential to cause legal uncertainty. Therefore, integrating restorative justice principles through the recovery of state losses (for corruption) and contributions to severing criminal chains (for narcotics) becomes an imperative objective parameter for sentence alteration. This study concludes that the probationary mechanism must be interpreted as a measurable momentum of rehabilitation, not merely as a postponement of execution. It requires technical implementing regulations in the form of Government Regulations and Supreme Court Regulations.
Reformulating the Boundaries of Freies Ermessen: An Analysis of Conflict of Norms in the Government Administration Law Post-Enactment of the Job Creation Law Sari, Triana Galuh Purnama
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.v7i2.546

Abstract

The paradigm shift in Indonesian administrative law following the enactment of Government Regulation in Lieu of Law Number 2 of 2022 has created serious legal issues regarding the validity of discretion (Freies Ermessen). The elimination of the requirement that “not contrary to the provisions of laws and regulations” in Article 24 of Law Number 30 of 2014 creates an internal conflict with the Principle of Legal Certainty. Furthermore, this amendment blurs the demarcation boundary between administrative error (maladministration) and corruption offenses. This potentially leads to policy criminalization. This research aims to analyze the juridical implications of such norm change and to reconstruct the boundaries of public official liability using the parameters of mens rea and ultimum remedium. This study is normative legal research employing statutory, conceptual, and comparative approaches. The results indicate that the absence of formal legality parameters demands a shift in the focus of discretion validity testing toward a substantive aspect. Such focus encompasses compliance with the objectives of discretion and the general principles of good governance. The strict boundary between the administrative and criminal realms lies in proving the element of mens rea for unlawfully enriching oneself. Therefore, criminal law must be positioned as the ultimum remedium after administrative testing mechanisms through the Government Internal Supervisory Apparatus and the State Administrative Court have been exhausted. This research recommends adopting the reasonableness test in discretion testing to provide legal certainty and protection for officials when innovating.
Digital Asset Due Diligence in E-Commerce Mergers: A Comparative Antitrust Law Analysis of Indonesia and the United States Hutagalung, Adriel Reyimer Samuel; Tabitha, Saulina Hariarani; Pandunata, Victor
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.v7i2.550

Abstract

The integration of strategic digital assets, such as big data and algorithms, within e-commerce merger transactions creates new competition risks. These risks have not been adequately addressed by conventional due diligence regulations in Indonesia. This study aims to analyze the validity of sensitive information exchange during the pre-merger due diligence process viewed from an antitrust law perspective. Furthermore, this study identifies the legal implications of the oversight time-lag in the GoTo merger case. Utilizing a normative legal research method with statutory, comparative, and case approaches, this research compares the post-merger notification regime in Indonesia (Law Number 5 of 1999) with the gun-jumping doctrine and pre-merger notification mechanism in the United States (Sherman Act & HSR Act). The results indicate that the absence of a waiting period and specific rules regarding data exchange protocols in Indonesia renders the digital asset due diligence process highly risky. Such risks may serve as a vehicle for covert cartels or the premature transfer of beneficial ownership. The GoTo case study reveals that the integration of a digital ecosystem involving 55 million users’ data occurred prior to the KPPU determination. The determination was issued only 1 year after the transaction, thereby creating barriers to entry that went undetected at an early stage. This study concludes that there is a need to harmonize antitrust law with data protection law. This harmonization can be achieved by adopting the clean team mechanism and transitioning to a pre-merger notification system to prevent data monopolies in the digital economy.
The Principle of Legality vs. Digital Sentencing Innovation: The Dialectics of Revocation of Internet Access Rights as a Criminal Penalty in Cybercrime Cases Amirullah, Setyo; Sodikin, Sodikin
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.v7i2.553

Abstract

The evolution of increasingly sophisticated cybercrimes, such as revenge porn, has triggered a paradigmatic tension within the Indonesian criminal justice system between the need for sentencing innovation and absolute adherence to the principle of legality. This research aims to analyze disparities in legal paradigms across court levels, examine the juridical qualification of the penalty for the digital restriction order, and examine the constitutional implications of the cyber norm vacuum. Through prescriptive doctrinal legal research, this study dissects Decision Number 6069 K/Pid.Sus/2023, which affirms Decision Number 96/Pid.Sus/2023/PT BTN regarding the annulment of the additional penalty of revocation of internet access rights in Decision Number 71/Pid.Sus/2023/PN Pdl. The research results indicate that such annulment constitutes an affirmation of legal positivism, rejecting judicial activism, even though, sociologically, this penalty is crucial for preventing recidivism. Juridically, this penalty lacks a basis of legitimacy in the EIT Law, the Old Penal Code, or the New Penal Code, thereby creating a legal vacuum (rechtsvacuum) that harms victims. The research concludes that formal adherence to the principle of nullum crimen, nulla poena sine lege without accompanying legal reform has injured substantive justice. Therefore, it is recommended that legislators immediately undertake legislative modernization by adopting digital rights restriction penalties as a constitutional sentencing instrument to ensure the justice system’s responsiveness in tackling crime in the era of technological disruption.
Constitutional Court vs. Lawmakers: Positive Legislature, Decision Implementation, and Balance of Authority Muttaqin, Labib; Enggarani, Nuria Siswi; Nurhayati, Nunik; Junaidi, M.; Febiyanti, Nabilla
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.v7i2.554

Abstract

The Constitutional Court’s transition from a negative legislator to an executor of positive legislation has created structural tension with Lawmakers. This phenomenon creates legislative resistance that impedes decision implementation, often leaving constitutional compliance to rely on public pressure. This research aims to analyze the roots of such disharmony and to formulate a procedural law design capable of effectively guaranteeing the execution of decisions. Through a normative legal research method using the statute approach, conceptual approach, and case approach, this study examines constitutional dynamics following the Constitutional Court’s delivery of two decisions regarding the judicial review of Law Number 10 of 2016 and Law Number 11 of 2020. The research results indicate that implementation barriers stem from the counter-majoritarian difficulty and the obsolescence of Chapter V of Law Number 24 of 2003, which fails to accommodate the complexity of positive legislature authority. As an absolute solution, this research recommends the urgent formation of a stand-alone Constitutional Court Procedure Bill (separate bill). This Bill must grant the Constitutional Court attribution authority to establish a “mandatory deadline” (tenggat waktu eksekutorial) for Lawmakers. Formalizing this mechanism is crucial to restoring the balance of the separation of powers system and ensuring the enforcement of constitutional supremacy through an institutionalized mechanism with legal certainty.
The Effectiveness of Law Enforcement on Cybercrime: A Case Study of Online Fraud in South Sulawesi Syahfallah, Zulfan Akbar; Razak, Askari; Salle, Salle
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.v7i2.557

Abstract

The escalation of cyber fraud offenses within the South Sulawesi Regional Police’s jurisdiction poses serious challenges for law enforcement authorities, particularly given the limitations of conventional regulatory instruments that fail to address the characteristics of digital crime. This research aims to conduct an in-depth analysis of law enforcement disparity triggered by the normative gap between the application of Article 378 of Law Number 1 of 1946 and Law Number 11 of 2008 and its amendments, evaluate structural and cultural obstacles distorting investigation effectiveness, and project a systemic solution through the transition to Law Number 1 of 2023. Employing a socio-legal research method with a qualitative approach, this study integrates doctrinal analysis with empirical data obtained through in-depth interviews with investigators, judges, and victims. The results reveal crucial facts regarding regulatory disharmony, where law enforcement officials experience inertia in exercising their authority to cut off digital access due to unprepared forensic infrastructure at the regional level and low public legal literacy. This phenomenon creates a paradox of blunt law enforcement and perpetuates disparities in court verdicts. In conclusion, this study asserts that partial reform is no longer adequate to address the complexity of cybercrime. The study’s implications include concrete steps, such as formulating standard operating procedures aligned with Article 493 of Law Number 1 of 2023, forensic laboratory decentralization, and adopting internet access rights revocation sanctions as a futuristic sentencing strategy that guarantees legal certainty and restorative justice.

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