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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 246 Documents
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Demarcation of Criminal Liability of Notary Publics in the Falsification of Authentic Deeds: Examination of Supreme Court Decision Number 933 K/Pid/2023 Detiandri, Laras; Riyanto, Astim; Setiawan, I Ketut Oka
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.v8i1.692

Abstract

Notaries public as public officials hold the attributive authority to issue authentic deeds, but this instrument is vulnerable to manipulation due to the disregard of the principle of prudence. A crucial problem arises due to the absence of uniform dogmatic parameters in distinguishing professional administrative negligence from the criminal intent of notaries public in the criminal act of falsification. This has implications for massive civil losses for third parties and triggers a disparity in judicial decisions. This research aims to evaluate the distinction between administrative negligence and conditional intent and to reconstruct the application of the doctrine of participation to public officials by examining the legal considerations in Supreme Court Decision Number 933 K/Pid/2023. Utilizing a normative legal research method through the statute, case, and conceptual approaches, legal materials are analyzed using a juridical qualitative method with deductive syllogism reasoning. The examination results prove that the active action of a notary public ignoring a clear written warning regarding defective documents and inserting them into the minutiae of the deed converts negligence into conditional intent that legally fulfills the elements of Article 264 section (1) of the Penal Code. This action fulfills the requirement of joint physical implementation in the crime of falsifying an authentic letter. Such action degrades the perfect evidentiary value of the deed into an underhanded act, resulting in civil losses amounting to billions of rupiahs. The cassation decision absolutely establishes the Defendant’s criminal liability, simultaneously voiding the legal protection right of the Notary Honorary Council. This research concludes that the notarial mandate does not provide immunity against structural crimes. Therefore, it is recommended that the Ministry of Law of the Republic of Indonesia reform the supervision regulation to revoke professional protection at the initial investigation stage if an active action is proven, and to establish this decision as established jurisprudence to restore the legal certainty of evidentiary instruments in Indonesia.
Professional Liability of Land Deed Officials and the Evidentiary Degradation of Materially Defective Grant Deeds: An Examination of Religious Court Decisions Aini, Sella Nur; Abdullah, Zaitun; Riyanto, Astim
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.v8i1.693

Abstract

The transfer of land rights through a grant instrument is absolutely limited to a maximum of one-third of the estate to protect the heirs’ legitime (legitieme portie). The violation of this material limitation strongly correlates with the negligence of Land Deed Officials and culminates in judicial disputes, as reflected in the jurisdictional anomaly between the Lumajang Religious Court Decision and the Surabaya High Religious Court Decision. This research aims to analyze the construction of the public official’s juridical liability and examine the degradation of the deed’s evidentiary value due to material defects. Through normative legal research employing case, statute, conceptual, and philosophical approaches, this study finds that the Land Deed Official’s failure to apply the prudential principle is qualified as negligence, implicating the emergence of administrative, civil, and ethical liability. Furthermore, exceeding the grant limit renders the legal act null and void, thereby degrading the deed’s evidentiary value to a private deed and nullifying its validity in state administrative affairs. However, the appellate court decision was rigidly bound by procedural formalism, refusing to adjudicate the case (déni de justice) on grounds of administrative jurisdiction. As a legal prescription, the religious court should annul the material act of the grant to revert the object into the undivided whole estate (boedel waris). This object’s status serves as a basis for requesting restoration to the original state (restitutio in integrum) at the Land Office. Supreme Court intervention through jurisprudence is required to align administrative certainty with the value of justice in wealth preservation (hifz al-mal).
Legal Certainty of the Electronically Integrated Business Licensing System: A Comparative Regulatory Analysis between Indonesia and Malaysia Bachtiar, Ronald Reagan Jap; Sudirman, Lu; Disemadi, Hari Sutra
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.v8i1.626

Abstract

The electronic licensing transformation through the OSS system in Indonesia faces administrative dysfunction caused by the collision of institutional sectoralism and regional autonomy. This contradicts the governance efficiency of the MalaysiaBiz ecosystem in Malaysia, which operates more adaptively. This research aims to compare the electronic licensing regulatory framework in both countries and formulate a digital administrative governance reconstruction strategy in Indonesia. Employing a normative legal method with statute, comparative, historical, and conceptual approaches, this study examines primary legal materials comprising Law Number 6 of 2023 and the Companies Commission of Malaysia Act 2001. The research results indicate that Indonesia’s licensing architecture rests upon a rigid rule-based approach with ex-ante supervision. Conversely, Malaysia’s efficiency is based on a precise separation between centralized entity registration and local licensing authorities, supported by a strict ex-post compliance audit system. Addressing this gap, this research recommends the implementation of a hybrid regulatory approach for Indonesia’s licensing governance. In the upstream phase, reduce authority fragmentation and regional autonomy impediments by applying the deemed approval instrument. In the downstream phase, this policy must be counterbalanced by the establishment of a cross-authority sanction ecosystem between the OSS management and the Ministry of Law to execute the striking off the register sanction for spatial planning violating corporations. This hybrid approach, contingent on equalizing digital infrastructure, is expected to uphold the supremacy of the legal certainty principle while enhancing Indonesia’s investment competitiveness in the ASEAN economic integration era.
Reconstructing the Provisions on the Abatement of Pretrial Proceedings in Indonesian Criminal Procedure Law: Ensuring Equality Before the Law Negara, Dharma Setiawan; Susilo, Erwin; Lufsiana, Lufsiana
SIGn Jurnal Hukum Vol 5 No 2: Oktober 2023 - Maret 2024
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v5i2.688

Abstract

Pretrial proceedings were designed as an instrument of judicial oversight to protect human rights from the arbitrariness of law enforcement authorities. Nevertheless, this philosophical expectation is contradicted by the reality of procedural malfunctions arising from legal loopholes in application abatement provisions. This research aims to examine the respondent’s power over case transfers critically and to formulate a norm reconstruction design for time limitations. This type of research is normative legal research that integrates the statutory, conceptual, case, and comparative approaches. Syllogistic analysis juxtaposes the ideal norms of justice with empirical findings from case studies of various court decisions. The research results show that the absence of a binding time limit has led to hasty case transfers by state instruments to evade judicial scrutiny. By overcoming this state of emergency, this research offers a novel, definitive time-limit protection mechanism design. For detained suspects, the validity of a case transfer is limited to 21 days from the date of the application’s registration. Conversely, for undetained suspects, the abatement provision is eliminated, subject to the prerequisite of physical presence at the hearing. Ultimately, the separation of time limits based on detention status constitutes the highest realization of substantive equality, dismantling state domination over the individual. This research recommends that the Supreme Court revoke the relevant administrative guidelines and urges lawmakers to incorporate this differentiation scheme into the renewal of the national criminal procedure law.
A Criminological Review of Futures Investment Fraud: Digital Platform Exploitation and Social Engineering Pagala, Maghfirah Ramadhayanti; Abdaud, Faisal; Huzaiman, Huzaiman
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.v8i1.698

Abstract

Futures investment fraud has evolved from a conventional economic offense into a systemic financial crisis exploiting the public’s psychological vulnerabilities and absence of digital literacy. This research aims to synthesize the criminological anatomy of these crimes, unveil social engineering tactics within cyber ecosystems, and formulate adaptive legal policy prescriptions to restore victims’ rights. Utilizing a socio-legal research design based on a literature review, the secondary data corpus is analyzed qualitatively by integrating a statute approach and a conceptual approach toward positive law instruments and reputable international journal literature. The research results prove that crime syndicates exploit white-collar anomic pressure through the creation of multi-level recruitment structures, which are subsequently amplified via cultural pseudo-legitimacy and algorithmic manipulation. These exploitation tactics are sustained by information asymmetry and jurisdictional uncertainty within financial supervisory institutions, which subsequently generates a silence cycle among victims due to the impediment of transnational law enforcement by law enforcement agencies. Halting the continuous cycle of these fictitious investment crimes necessitates a sentencing paradigm shift toward the optimization of asset recovery instruments through the application of money laundering criminal offense regulations. These repressive efforts must be synergistically integrated with mutual legal assistance instruments and the enforcement of anti-fraud firewalls at the financial service sector corporate level.
The Paradox of Realizing the Right to Education for Adjudicated Juveniles: Administrative Conflicts and the Efficacy of Inter-Institutional Agreements Sidney Valery Picauly; Elsa Rina Maya Toule; Sherly Adam
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.v8i1.695

Abstract

The fulfillment of the right to education for adjudicated juveniles constitutes an absolute mandate of restorative sentencing; however, its implementation experiences stagnation due to the conflict between the criminal law regime and the rigidity of the civil registration administrative system. This study aims to critique the conflict between administrative norms, evaluate the juridical efficacy of cooperative agreement documents, and analyze the legal implications arising from passive maladministration by partner institutions. This empirical legal research employs a qualitative, critical-analytical approach at the Ambon Class II JCF, involving five key informants selected via purposive sampling, and is supported by an analysis of eight institutional partnership instruments. The research findings demonstrate that the absence of National Identification Numbers, resulting from families’ sociological vulnerability, deprives adjudicated juveniles of their civil rights to obtain national diploma legality. This failure of legal protection is exacerbated by the cooperative documents’ weak binding capacity, which lacks public service sanction clauses. The structural weakness of these contractual instruments generates a sphere of impunity that facilitates passive maladministration manifesting as an omission by regional educational institutions. The relevant institution has been proven to have deferred the administration of equivalency examinations for three consecutive academic years without engaging hierarchical coordination to escalate the issue to the central ministry. Sociologically, the absence of graduation legality threatens the future of adjudicated juveniles within the formal labor market and potentially triggers recidivism. This study recommends affirmative interventions through cross-sectoral identity-recording services with population registration agencies, a complete overhaul of the construction of cooperative agreement clauses to establish enforceable public law instruments, and resolving government bureaucratic stagnation through the functions of Supervisory and Observational Judges.
Criminal Liability of a Notary as a Co-Perpetrator in Embezzlement of Entrusted Funds in Land Transactions Petra Roni Togar; Agus Surono; Maslihati Nur Hidayati
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.v8i1.705

Abstract

This study examines the outer limits of the shift in a Notary’s official responsibility from the administrative sphere to criminal liability for an act beyond authority (ultra vires), namely holding land transaction funds in a personal account through an unauthorized escrow arrangement. This study aims to dogmatically analyze the transformation of procedural malpractice into co-perpetration in embezzlement, examine the proof of trial facts at first instance, and critically evaluate the correction of enforceable custodial sanctions by the High Court and the Supreme Court. This study employs doctrinal legal research using the statute approach, the conceptual approach, and complete legal chain analysis across three judicial levels. The results show that the Defendant’s failure to comply with the protocol requiring the physical presence of appearers in drawing up a power of attorney to sell constituted an act of commission that served as an enabling factor for the commission of the substantive offence. The Defendant’s unilateral control over the settlement funds and fabrication of backdated receipts were qualified as active acts satisfying all elements of embezzlement in the form of co-perpetration (medeplegen). This study concludes that the conditional sentence imposed by the Jombang District Court exceeded the proper limits of judicial discretion. This error was properly corrected by the Surabaya High Court and affirmed by the Supreme Court, which imposed a seven-month enforceable custodial sentence to uphold general deterrence and restore public trust. The policy implication of this study confirms that the Defendant’s dishonourable dismissal from the office of Notary must be pursued through the operation of Article 12 letter c of Law Number 30 of 2004 upon the proposal of the Central Supervisory Council, because the Defendant’s conduct was proven to degrade the dignity of the office.
Recalibration of Authority in Handling Corruption Crimes after Law Number 20 of 2025: A KPK-Centered Investigation and Prosecution Model Temmy Hastian; Klara Dawi
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.v8i1.699

Abstract

The handling of corruption crimes following Law Number 20 of 2025 presents a problem of authority configuration because the Police, the Public Prosecution Service, and the KPK each retain legal bases of authority under positive law. This institutional plurality supports corruption eradication, but it may also create overlapping jurisdictions, uneven coordination, and risks of institutional conflicts of interest. This study aims to analyse the configuration of authority in the handling of corruption crimes under Law Number 20 of 2025, examine the risks of institutional conflicts of interest, and formulate a normative legal protection model based on recalibrating authority. This study applies normative-doctrinal legal research using statute, conceptual, and analytical-prescriptive approaches through the examination of primary and secondary legal materials. The findings show that, de lege lata, corruption crimes are still handled by a plurality of authorities, including the Police, the Public Prosecution Service, and the KPK. However, this plurality has not yet been supported by an operational design capable of determining the functional controller in a clear, objective, and accountable manner. This study formulates a de lege ferenda model of functional centralisation of the investigation and prosecution of corruption crimes within the KPK, while still allowing the involvement of Police personnel and Attorneys through an assignment mechanism within the Commission’s structure. This model requires amendments to sectoral Laws, strengthening of the KPK’s institutional capacity, coordination standards, ethical oversight, and institutional evaluation to reinforce legal certainty, independence, accountability, and the effectiveness of corruption eradication.
A Dual-Track Asset Recovery Model: Optimizing the Posthumous Forfeiture of Corruption Proceeds Anang Suhartono; John Pieris; Aarce Tehupeiory; Hulman Panjaitan
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.v8i1.700

Abstract

The transition of national positive law following the enactment of Law Number 1 of 2023 and Law Number 20 of 2025 creates a doctrinal inconsistency arising from a legislative omission in determining the legal status of evidence when personal criminal prosecution (in personam) is extinguished by operation of law upon the death of a corruption suspect. This normative weakness is reinforced by the inherent limitation of the sequential system under Law Number 31 of 1999. Under this system, civil claims by the State Attorney may be initiated only after the criminal process has been terminated or can no longer proceed, thereby causing asset depreciation and creating a time interval that enables the dissipation of corruption proceeds. This study employs normative legal research with a conceptual approach as the primary approach and a statute approach as the supporting approach through prescriptive qualitative analysis. The findings propose a paradigmatic reconstruction toward a parallel-simultaneous system through a dual-track asset recovery model. Under this model, the proprietary status examination (in rem) may proceed independently without depending on the legal status of the person subject to criminal prosecution. This model strengthens balanced legal protection and due process of law by applying the evidentiary standard of a balance of probabilities. This study recommends accelerating the enactment of the Bill on Asset Forfeiture, adopting limited amendments to Law Number 31 of 1999 and Law Number 20 of 2025, and establishing an integrated asset recovery center to optimize the posthumous forfeiture of corruption proceeds and restore public trust in law enforcement.
Policy Reconstruction in Combating Petty Corruption: Towards Progressive, Economic, and Utilitarian Justice Andhika Prima Sandhy; John Pieris; Aarce Tehupeiory; Hulman Panjaitan
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.v8i1.701

Abstract

Combating petty corruption in Indonesia raises normative and budgetary concerns when case-handling costs exceed the losses to state finances or the national economy that can be recovered. This issue must not be understood as a defence of corruption offenders, as corruption remains an extraordinary crime that harms state finances and the social and economic rights of society. The main problem lies in the absence of categorisation of losses to state finances or the national economy under positive law, which results in low-value corruption cases being processed through the formal criminal justice mechanism. This condition is related to Article 4 of Law Number 31 of 1999, which provides that restitution of state financial losses does not extinguish the offender’s criminal punishment. Law Number 1 of 2023 has regulated categories of criminal fines, but it has not established a nominal classification of state losses. This constraint is further reinforced by Article 82 letter c of Law Number 20 of 2025, which excludes corruption crimes from the Restorative Justice mechanism. This study aims to evaluate the urgency of legal reform and construct the Progressive-Economic-Utilitarian Justice Model as a prescriptive recommendation for the legislature. This study employs normative legal research, drawing on conceptual, philosophical, and comparative jurisdictional approaches. The findings show that processing micro-value corruption cases through the formal criminal justice mechanism may result in cumulative losses for the state, namely losses from the criminal offence and additional costs arising from disproportionate law enforcement. As a prescriptive solution, the Progressive-Economic-Utilitarian Justice Model requires limited reform of sentencing norms, a legal basis for the limited application of Restorative Justice, and the legalisation of a maximum state-loss threshold of IDR 50 million as the law as it ought to be (ius constituendum). This mechanism must be subject to restitution of at least 200% of the losses to state finances or the national economy caused by the offence to prevent impunity. Accordingly, the Progressive-Economic-Utilitarian Justice Model is directed as a strict loss-recovery mechanism to protect state finances and the social and economic rights of society.

Page 24 of 25 | Total Record : 246

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