cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Abd Kahar Muzakkir
Contact Email
muzakkir.abd.kahar@gmail.com
Phone
+6282291222637
Journal Mail Official
signjurnalhukum@gmail.com
Editorial Address
Jl. Muh. Jufri No. 1 Tallo, Makassar, Sulawesi Selatan, Indonesia, 90215
Location
Kota makassar,
Sulawesi selatan
INDONESIA
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
 17   18   19   20   21 
The Evidentiary Strength of Land Title Certificates in Civil Cases: A Study of Decisions of the Makassar District Court Syah, A. Nurul Annisa Dela Putri; Nawi, Syahruddin; Poernomo, Sri Lestari
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.v7i2.558

Abstract

Land title certificates are normatively designed as the strongest evidentiary tool; however, their validity is frequently annulled by court decisions due to the negative publication system, which is at odds with the positive trend in national agrarian law. This research aims to analyze the dualism in the legal construction of evidentiary strength, evaluate its relativity in dispute practice at the Makassar District Court, and examine the juridical implications of Article 64 of Government Regulation Number 18 of 2021 on legal certainty. The research method applies an empirical juridical type, combining dogmatic analysis of legislation with a study of field facts through interviews with judges and a review of court decisions. The research results reveal a dogmatic conflict between the certificate as an authentic deed with “perfect” value under the Civil Code and the “strong” predicate under Law Number 5 of 1960. Empirical findings at the Makassar District Court confirm that the certificate’s strength is relative, where the five-year rechtsverwerking protection fortress is consistently set aside by judges if bad faith or substantial legal defects are proven. Furthermore, the implementation of Government Regulation Number 18 of 2021 introduces a new paradigm: “administrative amnesty” after five years, while maintaining avenues for judicial correction in civil disputes. This study concludes that the legal certainty of current certificates is dichotomous: administratively absolute yet judicially open, thereby recommending layered due diligence in every rights transfer to guarantee material validity.
The Cost Burden Paradox in Petty Corruption Enforcement: A Socio-Legal Study Based on Cost-Awareness Sandhy, Andhika Prima; Panjaitan, Hulman
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.v7i2.564

Abstract

Law enforcement efforts against petty corruption in Indonesia are currently trapped in a serious economic inefficiency paradox, where case-handling operational costs often far exceed the value of the savings from avoided state losses. This problem is further complicated by norm disharmony between the efficiency spirit in Law Number 1 of 2023 and the rigidity of sectoral regulations effective as of January 2026. This study aims to analyze such inefficiency using the EAL approach and formulate a new Cost-Awareness-based settlement model. The research method applied is socio-legal, synthesizing doctrinal analysis of norm conflicts with secondary data evaluation regarding case cost burdens and social behavior. Research findings reveal that the conventional retributive approach creates a double loss for state finances. Fundamental juridical barriers are identified in the form of a regulatory “double lock”: Article 4 of Law Number 31 of 1999 which closes the material discretion space, and Article 82 letter c of Law Number 20 of 2025 formally excluding corruption from the restorative justice mechanism. To unravel this deadlock, the study recommends a limited double amendment to both articles, the application of financial sanctions in the form of Double Restitution accompanied by administrative sanctions of dismissal, and the strengthening of public oversight through Citizen Auditors. This model is offered as a concrete solution to ensure legal certainty and state budget efficiency.
Measuring Judicial Accountability in the Algorithmic Era: Juridical Implications of Using Judicial Assistants and Black Box Risks in Constructing Judgment Arguments Saputra, Asbudi Dwi; Irwanto, Hartono Tasir; Nurisnah, Nurisnah
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.v7i2.570

Abstract

Although the Supreme Court of the Republic of Indonesia has adopted Artificial Intelligence technology for administrative functions, the potential use of Artificial Intelligence as a Judicial Assistant in drafting judgment arguments triggers serious dogmatic concerns. These concerns relate to the degradation of human legal reasoning amidst a national legal vacuum (rechtsvacuüm). This study aims to deconstruct the concept of judicial accountability, which fails to address algorithmic error. Furthermore, this study tests the validity of Black Box-based rulings vis-à-vis the principle of reasoned decision in Law Number 8 of 1981, and formulates a preventive regulatory model. Utilizing a normative-juridical research method and a comparative law approach regarding regulatory frameworks in the European Union, the United States, and China, this study finds that conventional legal doctrines face a liability gap due to the unforeseeable autonomous behavior of Artificial Intelligence. The analysis indicates that reliance on algorithms with opaque characteristics—as demonstrated by the COMPAS case in the United States—fundamentally violates the defendant’s right to explanation. This potentially triggers “the death of standards.” In this condition, judicial discretion is replaced by the rigidity of machine micro-directives. Furthermore, the practice of relinquishment by judges for the sake of administrative efficiency threatens independence and judicial wisdom. This study concludes the urgency of adopting a hybrid regulatory model integrating technical efficiency with the strict User Control principle from the European Ethical Charter. This serves to ensure technology remains a human-supervised servant of justice, not a master dictating rulings.
Reconstruction of Civil Judicial Activism Limitations: A Juridical Analysis of Ultra Petita Decisions for Legal Certainty and the Principle of Party Autonomy Nugroho, Bambang Eko
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.v7i2.582

Abstract

This research is prompted by the fundamental tension between the pursuit of substantive justice through discretionary (ex aequo et bono) decision-making and the prohibition on beyond-the-petition (ultra petita) decisions that prejudice procedural legal certainty. These dynamics have become increasingly complex following the issuance of Supreme Court Circular Number 2 of 2024. This regulation instructs judges to supplement their legal reasoning ex-officio with CTS data, which, in principle, could expand the scope of judicial activism beyond formal jurisdictional boundaries. This research aims to analyse the conceptual dialectic between judicial independence and party autonomy, to construct the boundaries of judicial activism post-implementation of Supreme Court Circular Number 2 of 2024, and to evaluate the ratio decidendi and juridical implications of land dispute decisions regarding the protection of the Defendant’s procedural rights. The research method employed is prescriptive-normative legal research, drawing on statutory, case, and conceptual approaches. The results indicate that judges’ freedom to decide cases is not absolute. This authority is constrained by the functional jurisdiction of the courts as regulated in Law Number 2 of 1986 and the imperative prohibition of Article 178 section (3) of the HIR. A paradigm comparison with Law Number 30 of 1999 reaffirms that the limitations of claims in the general judiciary must be rigidly maintained due to the compelling nature of civil procedural law (dwingend recht). The construction of judicial activism boundaries lies in the separation between strengthening the quality of legal reasoning and prohibiting unilateral additions to the material petition. Verification of the case of G. Yohana Lembang et al. proves that activism exceeding the claims results in land legal uncertainty and legitimizes an extraordinary legal remedy of Judicial Review pursuant to Article 67 point c of Law Number 14 of 1985. In conclusion, the protection of party autonomy is the primary parameter for the validity of judicial activism. The Supreme Court is advised to formulate technical guidelines for the “supplementing legal reasoning” parameter to prevent procedural law malpractice that prejudices the private rights of legal subjects.
The Legal Policy of Decentralization in Strategic Natural Resource Management: Acceleration of Local Government Independence Pursuant to the Rule of Law Principle Sulaiman, Sulaiman; Mastura, Mastura; Mumaddadah, Mumaddadah
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.v7i2.587

Abstract

This research is motivated by the emergence of a constitutional anomaly: the recentralization of strategic natural resource management authority, which undermines the principle of regional autonomy as mandated by Article 18 of the 1945 Constitution. Although Law Number 23 of 2014 has regulated the distribution of concurrent government affairs, the enactment of recent sectoral regulations, such as Law Number 6 of 2023 and Law Number 2 of 2025, has conversely pulled licensing and fiscal management authority back to the central government. This study aims to formulate a natural resource governance transformation model that integrates local government independence with the principle of national legal certainty across the forestry, mineral and coal, oil and gas, geothermal, and fisheries sectors. The research method employed is normative legal research using statute, conceptual, and case approaches, analyzed qualitatively and prescriptively. The results indicate systematic norm disharmony and fiscal barriers resulting from central intervention—such as the 0% royalty policy—which significantly reduces fiscal capacity and regional administrative authority. The research concludes that accelerating regional independence requires legal policy reconstruction by implementing the FPIC principle to synchronize rights and guarantee national legal certainty and regional investment stability. The implications of this research demand harmonizing sectoral regulations that respect regional attributive authority and strengthening legislative oversight functions to realize accountable natural resource governance within a just Rule of Law framework.
Dynamics of Restorative Justice Implementation Towards the Entry into Force of the New Penal and Criminal Procedure Codes: A Case Study on Ordinary Theft Cases at Pangkalpinang Police Resort Putra, Julian Piperino; Hariansah, Syafri; Dewi, Virna
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.v7i2.598

Abstract

The national criminal law transformation towards the effective enforcement of Law Number 1 of 2023 and Law Number 20 of 2025 demands a reorientation of law enforcement practices from a retributive to a restorative paradigm. However, the current implementation of restorative justice in ordinary theft cases at the police resort level still operates within an internal regulatory framework prone to a relevance crisis due to normative gaps with the new statutory standards. This study aims to evaluate the objectivity of existing practices, analyze the clash of norms approaching the transition period, and formulate institutional policy harmonization strategies. Employing a mixed-methods legal research approach, this study integrates a doctrinal review of Police Regulation Number 8 of 2021 with empirical data from the Pangkalpinang Police Resort, triangulating in-depth interviews with investigators, victims, and offenders. The results indicate that although existing practices have met administrative compliance requirements and provided tangible recovery benefits for victims, implementation experienced statistical stagnation in certain periods due to workload and investigators’ administrative concerns. Substantively, a fundamental incompatibility was found between the rigidity of internal police rules regarding the absolute ban on recidivists and nominal loss parameters, on the one hand, and the sentencing flexibility principles in Law Number 1 of 2023, on the other hand, as well as the misalignment of internal case exposition mechanisms with the judicial scrutiny standards mandated by Law Number 20 of 2025. This study concludes that there is an urgent need for harmonization through the establishment of a specialized supervisory unit to simulate material validity testing equivalent to that of the Preliminary Examining Judge, and the integration of customary figures’ roles in penal mediation to guarantee accountability for police discretion in the new criminal justice era.
Reconstruction of the Penal System Based on Triple Vulnerability: Harmonization of Lex Generalis and Lex Specialis in Handling Sexual Violence against Girls with Disabilities Nurisnah, Nurisnah; Saputra, Asbudi Dwi; Muthia, Nuriyah Fara; Dahlan, Muhammad Fitratallah; Rivanie, Syarif Saddam
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.v7i2.616

Abstract

The escalation of sexual violence cases against girls with disabilities has reached a crisis stage, exacerbated by the fragmentation of legal regulations operating sectorally. The failure of the judicial system to respond to the complexity of victim vulnerability frequently creates impunity loopholes, perpetuating victimization practices. This research aims to analyze the legal anatomy of “triple vulnerability” and reconstruct the “Integrated Juridical Trident” model as a harmonization solution for the national penal system. Using a normative juridical research method with statute and conceptual approaches, this study examines the synchronization of norms among Law Number 1 of 2023, Law Number 20 of 2025, and related specific laws. The results prove that the intersection of child, female, and person with disabilities statuses constitutes a juridical determinant automatically triggering the application of the absolute rape offense and state accommodation obligations. The constructed trident model positions Law Number 1 of 2023 as the material legality foundation and Law Number 20 of 2025 as the formal legality foundation, synergized horizontally with Law Number 23 of 2002 as the subject determinant, Law Number 8 of 2016 as the procedural rights guarantor, and Law Number 12 of 2022 as the recovery guarantee. The effectiveness of this model is secured by a precision law enforcement strategy, through the validation of proof of equality between witnesses with disabilities and the application of an absolute prohibition on restorative justice. This study concludes that such system integration is necessary to close legal loopholes and guarantee maximum sentencing certainty for perpetrators of these crimes against humanity.
Procedural Law Dualism in Asset Forfeiture Regime: Conflict of Evidentiary Norms and Judicial Oversight Regarding Human Rights Protection Herdiana, Asep Dadang
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.v7i2.625

Abstract

Corruption as an extraordinary crime demands progressive asset recovery instruments through the Asset Forfeiture Bill, yet its planned enactment may create procedural law dualism after the effective date of Law Number 20 of 2025. This research aims to analyze the disharmony in evidentiary standards, the expansion of seized-object definitions based on illicit enrichment, and the implications of shifting judicial oversight for the existence of the Pretrial institution as a guardian of human rights protection. Using the normative legal research method with statutory and conceptual approaches, the analysis is conducted through a qualitative prospective compatibility test. The results show a highly significant norm antinomy, where the reversed burden of proof mechanism in the Asset Forfeiture Bill diametrically opposes the presumption of innocence principle and the negative statutory proof system (negatief wettelijk) as regulated in Law Number 20 of 2025. Furthermore, the expansion of forfeiture object criteria ignoring the material connectivity boundaries of seized objects and the shifting of the objection mechanism to the internal executive are deemed to degrade judicial dignity and violate due process of law principles. The research conclusion asserts that without systemic harmonization placing the draft special regulation as a subsystem of the general regulation, the application of the lex specialis derogat legi generali principle will trigger destructive legal uncertainty. Therefore, harmonization of the substance of the Asset Forfeiture Bill with the human rights protection corridor in Law Number 20 of 2025 is an absolute prerequisite to prevent abuse of the exception loophole in Article 367 of the Law, while ensuring a balance between state asset recovery efficiency and citizens’ property rights protection.

Page 21 of 21 | Total Record : 208

 17   18   19   20   21 

Filter by Year

2019 2025


Reset
Filter By Issues
All Issue Vol 7 No 2: Oktober 2025 - Maret 2026 Vol 7 No 1: April - September 2025 Vol 6 No 2: Oktober 2024 - Maret 2025 Vol 6 No 1: April - September 2024 Vol 5 No 2: Oktober 2023 - Maret 2024 Vol 5 No 1: April - September 2023 Vol 4 No 2: Oktober 2022 - Maret 2023 Vol 4 No 1: April - September 2022 Vol 3 No 2: Oktober 2021 - Maret 2022 Vol 3 No 1: April - September 2021 Vol 2 No 2: Oktober 2020 - Maret 2021 Vol 2 No 1: April - September 2020 Vol 1 No 2: Oktober 2019 - Maret 2020 Vol 1 No 1: April - September 2019 More Issue