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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 219 Documents
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Judicial Silence on Administrative Malpractice: The Disregard of Notarial Repertorium in the Legal Considerations of Indonesian Supreme Court Decisions Budiman, Firdaus Charisma; Sudarwanto, Albertus Sentot; Ismunarno, Ismunarno
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.v7i2.573

Abstract

The legitimacy of the Civil Law Notary system in Indonesia hinges on the integrity of state protocol, which serves as the absolute guarantor of deed authenticity. However, this idealism frequently crumbles due to judicial pragmatism that disregards procedural defects in administrative proceedings. This research aims to deconstruct the judicial reasoning anomaly in Decision Number 1859 K/Pdt/2015, in which the Supreme Court Justice annulled a notary deed without expounding on the violation of the Repertorium obligation as the basis for legal consideration. Employing a doctrinal legal research method that applies the critical examination of judicial reasoning, this study dissects the Supreme Court Justice’s logical flow and juxtaposes it with the legal fact of the novum regarding the empty Repertorium book. Through the analytical lens of Austin’s Legal Positivism Theory, this research finds that the disputed deed constitutes a “Phantom Deed” that violates the sovereign’s command. Crucial findings indicate that the Supreme Court Justice committed judicial silence as a form of disregard toward the violation of Article 58 of Law Number 30 of 2004 in their ratio decidendi. The Justice opted for a judicial shortcut to annul the deed on the basis of downstream land certificate defects, yet remained silent on upstream administrative malpractice. This study concludes that the decision represents a “right decision, wrong reasoning,” which systemically undermines the judiciary’s educational function and obscures the standard of notarial professional liability in maintaining national legal certainty.
Legal and Social Implications of Illegal Lottery Schemes: A Study of Rokan Hilir District Court Decision Number 257/Pid.B/2023/PN Rhl Purba, Didin Alberto; Risdalina, Risdalina; Kusno, Kusno
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.v7i2.595

Abstract

This study analyzes Decision Number 257/Pid.B/2023/PN Rhl as a case study to unveil the law enforcement paradox regarding illegal lottery schemes. This case employed a hybrid modus operandi combining conventional methods and electronic means. This research employs a normative-empirical juridical method, drawing on statutory, conceptual, and case study approaches. The objective is to dissect the inconsistency in the application of legal instruments and the sociological impact of the verdict. The findings reveal that the Public Prosecutor and the Panel of Judges tended to be pragmatic by applying Article 303 section (1) point 1 of the Penal Code. They disregarded the fact of electronic means usage, which should have been subject to the principle of lex specialis derogat legi generali under Law Number 11 of 2008. This reduces the potential for the impoverishment of perpetrators through maximum fines. Furthermore, the 8 (eight) month prison sentence without a fine against a Defendant who made gambling his livelihood proved ineffective as a deterrent. Such punishment did not address the perpetrator’s root economic motives. Sociologically, this decision reflects structural inequality in law enforcement, with a sharp downward bias against small retailers and a blunt upward bias against major bookies. This condition implies the normalization of gambling as a community economic alternative. This study recommends integrating a more progressive criminal policy, utilizing digital forensics, and revitalizing customary law to comprehensively eradicate the gambling ecosystem.
Sentencing Disparities for Violence against Children Resulting in Death: A Study of Sibuhuan District Court Decision Number 103/Pid.Sus/2020/PN Sbh Butar-Butar, Kornelius; Risdalina, Risdalina; Kusno, Kusno
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.v7i2.617

Abstract

Criminal law enforcement in cases of collective violence frequently encounters challenges in determining the proportionality of punishment. This challenge arises primarily when Public Prosecutors submit uniform sentencing demands for all defendants without dissecting their respective gradations of culpability. This research aims to analyze the urgency of applying the principle of individualized punishment to correct uniform demands in participation (deelneming) cases. Furthermore, this study evaluates the judicial ratio decidendi in imposing sentencing disparities to achieve substantive justice. This study is a normative-juridical legal research employing a case approach toward Decision Number 103/Pid.Sus/2020/PN Sbh. The results indicate a significant asymmetry in factual roles among the defendants. The initiator of the violence possessed a more dominant causal contribution toward the death of the child victim compared to other participating perpetrators. The Judges performed a judicial correction by handing down a verdict exceeding the demand (ultra petita) in favor of the initiator and a conforming verdict in favor of the follower. This sentencing disparity is not assessed as a form of inconsistency; rather, it constitutes a manifestation of proportional justice oriented toward child victim protection (victim-oriented justice). This research concludes that, in participation offenses resulting in fatalities, justice does not lie in equal sentencing, but in the precision of imposing sanctions commensurate with the gravity of the perpetrator’s role and fault.
The Legality of Okinotorishima’s Islandization under UNCLOS: Implications for Indonesia’s Basepoint Preservation Strategies Widiastuti, Tri; Musyarri, Fazal Akmal
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.v7i2.618

Abstract

The escalation of maritime realism in East Asia has driven coastal states to manipulate the characteristics of geographical features using advanced technology to expand jurisdiction, a phenomenon that has manifested in its most extreme form in the Okinotorishima dispute. This research aims to analyze the legal validity of Japan’s technological interventions to maintain Okinotorishima’s status as an island under the UNCLOS regime. Utilizing a normative legal research method within an interdisciplinary framework, this study conducts a juridical examination of Ocean City’s planning research and the mass coral propagation project (coral pegs). These technical facts are then tested dialectically using the natural condition doctrine and the jurisprudence of the 2016 PCA Award. The results show that although the concrete infrastructure and bio-engineering successfully prevent physical erosion, this success lacks legal equivalence. Such artificial modifications are considered installations that fail to meet the natural capacity requirements to sustain life, rendering the feature’s status as a “rock” not entitled to an Exclusive Economic Zone. This research identifies this practice as an Islandization strategy, a form of lawfare that uses technology to create material hegemony atop a legal legitimacy void. As a strategic implication, the research recommends that Indonesia reject such an artificial expansion model and adopt the Eco-Technological Defense paradigm. This strategy focuses on restoring the ecological functions of basepoints on outermost small islands threatened by abrasion, such as in Bengkalis and Natuna, to secure sovereignty without violating the integrity of the international law of the sea.
Juridical Analysis of the Imposition of Imprisonment and Measures for a Juvenile Sexual Offender with Recidivist Status: A Study of Rokan Hilir District Court Decision Number 10/Pid.Sus-Anak/2025/PN Rhl Sinaga, Dini Febrianti Br; Risdalina, Risdalina; Ritonga, Muhammad Khoirul
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.v7i2.634

Abstract

This research examines the law enforcement dilemma in sexual violence cases committed by a juvenile with recidivist status exhibiting characteristics of predatory behavior. This phenomenon palpably challenges the fundamental principle of child protection, which has traditionally prioritized out-of-court settlement (diversion). Unlike general approaches that tend to be trapped in a binary choice between retributive punishment or pure release, this research aims to analyze the rationality and effectiveness of applying the double track system in Decision Number 10/Pid.Sus-Anak/2025/PN Rhl. This decision serves as a legal response to the closure of diversionary programs for offenders who repeatedly commit crimes. By employing normative legal research methods through a case approach and supported by an in-depth analysis of recent literature, this research finds that the judge imposed combined sanctions consisting of 2 years and 6 months’ imprisonment and a 6-month job-training measure. The findings indicate that the judge’s consideration was based on proving systematic elements of violence, namely targeting, isolating, and overpowering. Furthermore, the juvenile recidivism status legally nullifies the right to diversion as regulated in Law Number 11 of 2012. This research concludes that in the context of a recidivist juvenile, legal protection is not manifested through release from charges. Conversely, protection is realized through structured mandatory rehabilitation within a closed institution. The theoretical and practical implications of this research recommend that law enforcement officials more explicitly include recidivism status and the offender’s risk profile as a basis for aggravating considerations in the verdict holding. This is crucial to ensure a balance between offender rehabilitation and societal protection from potential repeated crimes.
Reconstructing Legal Liability and Division of Authority: Mitigating Mass Poisoning in the Free Nutritious Meal Program Latemmamala, Andi Fitrah; Fachri, Faiz Ahmad
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.v7i2.637

Abstract

The FNM Program is a manifestation of fulfilling citizens’ constitutional rights, currently facing a serious crisis of legitimacy due to the escalation of mass poisoning incidents that have claimed up to 21,254 student victims. This phenomenon demonstrates the failure of administrative control mechanisms that rely solely on Presidential Regulations. The present study aims to critique the ambiguity of legal liability arising from the absence of sanction norms and to reconstruct an integrated law enforcement system. Through doctrinal legal research using statutory and conceptual approaches, this study reveals that Presidential Regulation Number 115 of 2025 suffers from “repressive paralysis” because it is hierarchically prohibited from containing criminal provisions, thereby creating a loophole of impunity for corporate crimes and official maladministration. The absence of legal coercive power leads to technical food safety standards being frequently ignored in pursuit of economic profit. Based on these findings, the present study recommends reconstructing the legal liability system through a dual-layer legislative scheme. At the national level, it urges the initiation of drafting an Academic Paper and a Bill within the National Legislation Program carrying the nomenclature “National Nutrition Fulfillment” as a lex specialis harmonizing severe criminal sanctions, individual/corporate criminal liability, and restitution for victims. At the regional level, it encourages the Regional Government and the Regional House of Representatives to draft an academic study for the formation of a Draft Regional Regulation, to provide preventive-repressive executive authority in the form of administrative sanctions and criminal fines. This synergy between severe punishment at the center and daily supervision in the regions is necessary to restore public trust and guarantee the protection of human rights to safe food.
Evidentiary Legal Aspects of Oral Defamation Committed in Public: A Study of Amlapura District Court Decision Number Nomor 64/Pid.B/2020/PN Amp Armando, Fadli; Risdalina, Risdalina; Kusno, Kusno
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.v7i2.646

Abstract

The striking disparity between the Defendant’s resistance and the judge’s mitigating considerations in an oral defamation case constitutes a juridical anomaly. This condition fundamentally undermines legal certainty and the victim’s sense of justice. This research conducts a juridical review of Decision Number 64/Pid.B/2020/PN Amp. In said decision, the judge imposed a conditional sentence (probation) on a Defendant who, based on the evidence, was found to have refused to apologize to the victim. This research aims to analyze the evidentiary legal aspects in the fulfillment of the objective and subjective elements of the offense, as well as to test the validity of applying the conditional criminal sanction based on trial facts. The research method applied is normative legal research with a case approach and a statute approach to dissect the coherence between facts and norms. The results reveal a dualism in the quality of law enforcement. At the stage of proving guilt, the Panel of Judges successfully proved all elements of Article 310 section (1) of the Penal Code precisely based on valid evidence under Article 184 of the Criminal Procedure Code. However, at the sentencing stage, the application of Article 14a of the Penal Code involves a serious internal logical defect (an internal contradiction). The material requirement of “behavioral prognosis” was based on assumptions of imaginary remorse and is opposed to the trial facts demonstrating a high degree of defiance. In conclusion, this decision contains an inconsistency in proving the subjective requirement, implying a high risk of supervision execution failure as stipulated in Article 276 of the Criminal Procedure Code. The research recommends the necessity for objectivity in remorse indicators within sentencing guidelines to prevent veiled impunity and maintain judicial authority.
Deconstruction of Legal Liability for Road Users in Whoosh Feeder Train Accidents at Unguarded Level Crossings Hastiwi, Irine Sofa Nugri; Salsabila, Balqis; Izzati, Yayang; Margaretha, Zefanya
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.v7i2.643

Abstract

The operation of the Whoosh Feeder Train at unguarded level crossings has triggered a series of fatal accidents that place road users as vulnerable accident victims. Ironically, victims face a protection disparity due to the limitations of state social insurance, which reduces recovery of property damage, as well as sectoral regulations that provide illusory protection for the operator. Therefore, this research aims to establish the legal standing of accident victims, deconstruct the assumption of human error into corporate systemic negligence, and formulate a civil liability scheme based on joint and several liability. This research is normative legal research using the statute and conceptual approaches, qualitatively and deductively analyzing various railway, traffic, and civil law regulatory instruments. The research results indicate that the absence of material damage recovery constitutes a denial of the utility and legal certainty principles. The schedule pressure of time integration (bundling) is proven to fail to fulfil the Railway Safety Management System, thereby shifting liability to PT Kereta Api Indonesia (Persero) under the vicarious liability doctrine. Furthermore, the absence of boom gates on the road constitutes a form of infrastructure omission (onrechtmatige overheidsdaad) by the Local Government, in violation of roadworthiness standards. This research concludes that state and corporate administrative negligence fully satisfies the elements of an unlawful act. As a recommendation, the judicial power must apply material damage lawsuits under joint and several liability through the instruments of Article 1365 juncto Article 1366 of the Civil Code, accompanied by comprehensive legislative revisions to restore justice (gerechtigkeit) for civil society.
Legal Position of the Professional Disciplinary Council: Central Authority for Disciplinary Enforcement of Medical and Healthcare Professionals in Hospitals Nurlaelah, Siti; Asgar, Mochamad Ali; Arisman, Arisman; Sari, Diah Ratu
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.v7i2.653

Abstract

The transformation of national healthcare governance following the enactment of Law Number 17 of 2023 marks a radical shift in disciplinary enforcement from a regime of professional autonomy to a state-centred one. This centralization of power triggers administrative legal problems regarding the MDP’s institutional independence, which is anomalous in its accountability to the Minister of Health, and gives rise to clashes between procedural authority and the managerial autonomy of healthcare facilities. This research aims to analyze the legal position, procedural supremacy, and material jurisdictional limitations of the MDP as the central authority for the disciplinary enforcement of medical and healthcare professionals. Employing a normative legal research method, this research examines the coherence of norms in the latest regulations. The research results demonstrate that the MDP possesses absolute attributive authority that legally annuls the tradition of collegial dispute resolution, including the prohibition on internal hospital mediation. Functionally, the Council acts as a prejudicial dispute determiner, obliged to issue a recommendation before criminal law enforcement is executed, with jurisdiction confined to 17 types of disciplinary violations. This research concludes that executive dominance in disciplinary enforcement provides legal certainty through the objectivity of violation parameters, yet demands a total restructuring of internal hospital regulations to submit to the supremacy of state administrative law.

Page 22 of 22 | Total Record : 219

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