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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 227 Documents
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Legal Analysis of the Supreme Court Decision Regarding the Annulment of Acquittal in Corruption Crime Case: A Study of Decision Number 1227 K/Pid.Sus/2022 Munthe, Raja Didit Pratama; Siregar, Ahmad Ansyari; Siahaan, Nimrot
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.v7i2.651

Abstract

Law enforcement against corruption crimes in Indonesia is still characterized by a glaring disparity in decisions. This condition arises in a land procurement case in which the Judex Facti acquitted the defendant of the Public Prosecutor’s charges. This research aims to analyze the Supreme Court’s underlying legal considerations in annulling the Samarinda District Court’s acquittal. Additionally, this study reconstructs the unlawful element associated with the state land status and examines the validity of audit evidence relative to price appraisal. This research employs doctrinal legal research using the statute, case, and conceptual approaches. This study finds that the annulment of Decision Number 1/Pid.Sus-TPK/2021/PN Smr by Decision Number 1227 K/Pid.Sus/2022 was based on the Judex Facti’s fundamental error in making incorrect conclusions and legal considerations that were inconsistent with the facts revealed at trial. The analysis proves that former Right of Use land that has expired automatically reverts to a state asset by operation of law. Therefore, the compensation payment to a third party constitutes a fictitious act that fulfills the unlawful element and the element of abusing authority. This research concludes that the Audit Report declaring the occurrence of state losses is more valid than the procedurally flawed price-estimation assessment method conducted by telephone. As an implication, this research recommends a paradigm shift for judges from a formalistic-legal to a material-progressive approach in deciding cases. This research also urges the formulation of measurable sentencing guidelines to minimize verdict disparities and maximize state loss recovery.
Finality and Binding Force of Constitutional Court Decisions: An Analysis of Original Intent and Executory Problematics in the Judicial Review of Law Nawawi, Muhammad Rashif Abdillah; Maharesi, Izzan Altaf; Mardhatillah, Chayyra
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.v7i2.654

Abstract

The final and binding nature of Constitutional Court decisions in the judicial review of Law was designed as a power-balancing instrument to limit the arbitrariness of lawmakers. This generally binding force, in reality, clashes with the absence of an executory apparatus instrument, thereby engendering an executory procedural law vacuum at the related Law level. This research aims to discover the essential meaning of the decision’s binding force by tracing constitutional history, while simultaneously conducting a juridical analysis of the executory problematics to formulate follow-up governance that guarantees legal certainty. This normative legal research employs the statutory, conceptual, and historical approaches to analyze legal materials deductively. The research results indicate that the original intent of the amendment framers placed constitutional court decisions as an absolute control tool against the domination of lawmaker institutions. However, the deletion of the decision follow-up time limit has legitimized institutional arrogance, culminating in the phenomenon of constitutional disobedience. Legislative and executive actions that deliberately revive unconstitutional norms prove the exploitation of loopholes in executive governance weaknesses. The resolution to this problem demands a comprehensive restructuring that integrates a progressive judicial order approach with legislative obligations. The conclusion of this research affirms the urgency of amending Law Number 12 of 2011 to insert the obligation to institutionalize constitutional court decisions into the National Legislative Program, with a maximum time limit of one year, in order to sever the chain of disobedience by positive lawmakers.
Juridical Analysis of Intermediary Criminal Acts in Ecstasy Transactions: A Study of Dumai District Court Decision Number 188/Pid.Sus/2025/PN Dum Purba, Josua Sotarduga; 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.v7i2.663

Abstract

Law enforcement in narcotics offenses frequently encounters a clash between the legal certainty of proving the elements of the offense and substantive justice in imposing criminal sanctions on subordinate intermediary offenders. Decision Number 188/Pid.Sus/2025/PN Dum imposed a six-year imprisonment and a fine of one billion rupiah on the Defendant. This research aims to examine the accuracy of the Panel of Judges’ legal qualification in applying the elements of an intermediary in narcotics transactions and to critically analyze the proportionality of criminal sanctions based on the offender’s degree of culpability. This normative legal research utilizes the statute approach and the case approach, employing an analytical-prescriptive analysis technique through a legal syllogism. The results indicate that the Panel of Judges absolutely and accurately applied the substantive law of Article 114 section (1) of Law Number 35 of 2009 by considering the defendant’s active initiative in facilitating the transaction. In the sentencing dimension, the decision was proportionate and objective. The Panel of Judges did not merely take refuge behind the minimum sanction limits, but comprehensively differentiated roles by rejecting the narrative of sociological excusability regarding the defendant’s factual position as a field operator. In conclusion, the conviction is normatively valid and successfully presents substantive justice grounded in the individual’s degree of culpability. As a policy implication, the Supreme Court is recommended to immediately formulate sentencing guidelines for narcotics offenses that are hierarchically binding to maintain the consistency of high-quality legal reasoning across all judicial levels.
Juridical Review of the Transformation of the Pledge Concept into a Bullion Bank by PT Pegadaian Indonesia Based on FSA Regulation Number 17 of 2024 Rechta Yoga Pratama; Nourma Dewi; Yulian Dwi Nurwanti
SIGn Jurnal Hukum Vol 8 No 1: April - September 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v8i1.644

Abstract

Macroeconomic dynamics drive the ontological transformation of gold from a mere static physical security to a digital-scale active financial instrument. This shift is legitimized by Law Number 4 of 2023 and FSA Regulation Number 17 of 2024, which grant PT Pegadaian authority to operate as a Bullion Bank. This research aims to analyze the juridical transformation of the pledge concept into Bullion Bank services and to evaluate the legal implications and customer protection vulnerabilities. This normative legal research utilizes the statute and conceptual approaches, which are analyzed prescriptively through grammatical and systematic interpretations of this legal relationship shift. The research results confirm that PT Pegadaian has essentially executed an intermediation function identical to banking through the unallocated account scheme. However, this authority expansion triggers legal implications, including potential disharmony with sectoral commodity trade regulations, threats of intellectual property disputes over the database system, and unpreparedness of the global standard-compliance infrastructure. The most crucial finding is the existence of a legal vacuum due to the absence of a specific deposit guarantee mechanism for precious metal commodities, leaving customers at the highest level of vulnerability in the event of operational failure. Therefore, this research concludes that the government should immediately formulate a regulation guaranteeing gold commodity deposits. Furthermore, the corporate entity is obligated to implement the transparency obligation of periodic gold reserve audits, which must be accompanied by enhanced public financial literacy to ensure the sustainability of an equitable investment ecosystem.
Human Rights Protection in the Digital Sphere: The Problematics of Legal Certainty and Its Relevance to the SDGs Yosua Nicholas Tan; Abdurrakhman Alhakim; Nurlaily Nurlaily
SIGn Jurnal Hukum Vol 8 No 1: April - September 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v8i1.652

Abstract

The transformation of digital technology creates a conflict between the guarantee of freedom of expression and the protection of the right to privacy within the national legal system. The reform of electronic regulations has been shown to leave grammatical weaknesses, such as multi-interpretable provisions, ambiguity in protection instruments for human rights defenders, and a vacuum of norms for responding to artificial intelligence innovations. This research aims to evaluate the challenges of legal certainty in the governance of the digital sphere in Indonesia and to develop a harmonization framework for national legal instruments to align with the SDG targets. This research is a normative legal study applying the statute and conceptual approaches to qualitatively analyze legal materials through grammatical and systematic interpretation. The research results show that existing regulations fail to provide legal certainty because there is no absolutely independent supervisory authority. The subordination of the data protection supervisory institution to executive power undermines the objectivity of sanction enforcement and reveals structural flaws that contradict the principle of global institutional justice. Therefore, lawmakers are recommended to immediately overhaul the supervisory authority’s design to make it independent and mandate the implementation of human rights impact assessments for all electronic system operators to realize an equitable digital ecosystem.
Legal Analysis of Criminal Liability for Theft of State-Owned Enterprise Assets: A Study of Pekanbaru District Court Decision Number 1008/Pid.B/2025/PN Pbr Milda Wahyuni; Zainal Abidin Pakpahan; Muhammad Yusuf Siregar
SIGn Jurnal Hukum Vol 8 No 1: April - September 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v8i1.675

Abstract

This research is motivated by the phenomenon of crimes against state vital infrastructure components, which are frequently subjected to minimalist sentencing decisions by judicial institutions, thereby undermining the protection of public strategic assets. The primary problem in this study centers on the anomaly of sentencing disparity in Decision Number 1008/Pid.B/2025/PN Pbr. In this case, the criminal act of dismantling the bolts of a transmission tower owned by PT PLN was only punished with a criminal sanction of one year and ten months of imprisonment. The objective of this research is to dogmatically analyze the offender’s criminal liability based on Article 363 section (1) point 5 juncto Article 64 section (1) of the Penal Code, and to criticize the rationality of the judge’s reasoning applying the rehabilitative theory (verbeteringstheorie) to an adult offender. Utilizing the normative juridical research method with a case and statute approach, legal materials were analyzed qualitatively and normatively through deductive syllogistic reasoning. The research results indicate that the public prosecutor successfully proved all elements of aggravated theft and of a continuous act. However, a systemic failure was discovered, originating in the public prosecutor’s low criminal demand, which was subsequently exacerbated by the judge’s logical-reasoning fallacy in manipulating the profile of the 37-year-old defendant as a young individual to justify leniency. The research conclusion affirms that the application of the rehabilitative theory to a mature adult executing a premeditated crime repetitively injures public justice and undermines the deterrent function of criminal law. The implications of this research demand a paradigm shift for law enforcement officers and the issuance of specific prosecution guidelines to ensure maximum protection of national vital objects.
Legal Analysis of Child Sexual Abuse through Grooming: A Study of Rokan Hilir District Court Decision Number 410/Pid.Sus/2025/PN Rhl Sophian Parbue Simamora; Risdalina Risdalina; Kusno Kusno
SIGn Jurnal Hukum Vol 8 No 1: April - September 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v8i1.676

Abstract

The phenomenon of child sexual offenses disguised behind a romantic narrative or dating constitutes a serious challenge for law enforcement in Indonesia. The child’s consent is frequently misinterpreted as grounds for abolishing the penalty in such cases. This research aims to analyze the legal construction in Decision Number 410/Pid.Sus/2025/PN Rhl. The decision penalizes the perpetrator of child sexual intercourse although the Child Victim actively lied to their parents in order to meet the perpetrator. This research employs a normative legal research method through the statute and case approaches. This research examines the judicial interpretation regarding the grooming element and the application of the voortgezette handeling doctrine in sentencing. The analysis results indicate that the judge progressively constructed the promise of marriage as a form of deceit that paralyzes the child’s critical reasoning. Therefore, the given consent is deemed vitiated. However, this research also found a gap in substantive justice due to the absence of restitution imposed on the Defendant. This reflects the persisting strength of the retributive paradigm compared to the restorative paradigm within the juvenile criminal justice system. It is concluded that although a custodial sentence was imposed, the state failed to execute its constitutional obligation to comprehensively restore the rights of the victim. This research recommends a reform of the prosecution paradigm in which the Prosecutor and the Judge actively demand and adjudicate restitution ex officio. Furthermore, integrating a victim impact statement is essential to accurately assess the victim’s actual damages and achieve comprehensive justice.

Page 23 of 23 | Total Record : 227

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