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Abd Kahar Muzakkir
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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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The Qualified Mens Rea Model: Layered Culpability in General Commodity Smuggling Offenses Implicating Corruption R. Bayu Probo Sutopo; 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.v8i1.702

Abstract

The national criminal justice system continues to face difficulties in proving criminal intent (mens rea) in general commodity smuggling offenses that are normatively connected to corruption offenses. These difficulties arise when the proof of culpability is directed solely at the individual mental state. In contrast, modern economic offenses are often committed through corporations, sequences of goods transportation activities, customs documentation management, and the exercise of official authority. This study aims to develop an instrument to evaluate the culpability of state apparatuses and corporate entities proportionately, without exceeding the principle of legality. This study employs normative legal research using a statute approach, a conceptual approach, and a limited comparative approach. Comparative legal doctrines, such as corporate recklessness, the responsible corporate officer doctrine, conscious disregard of substantial risk, and willful blindness, are used as conceptual instruments rather than as direct bases for criminal punishment. The findings show that the Qualified Mens Rea Model can be constructed as a layered evaluative framework comprising subjective, normative, corporate-functional, and corruption-functional dimensions. The model is then operationalized as a Layered Evidentiary Mechanism Matrix that situates Law Number 17 of 2006, Law Number 20 of 2001, and Law Number 1 of 2023 within an interrelated normative framework. This study concludes that the model can assist judges in more accurately distinguishing general commodity smuggling offenses, abuse of authority, office-related bribery, and lawful policy discretion.
Deconstruction of Hierarchical Liability and Harmonization of Sanctions in Consumer Protection against Expired Food Products Melinda Melinda; Agustianto Agustianto; 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.v8i1.706

Abstract

The circulation of expired food products poses risks to public health because legal subjects are not clearly defined, supervision remains fragmented, and food safety violations are often confined to civil dispute resolution. This study analyzes the hierarchical legal liability of business actors within the food supply chain and formulates a sanctions harmonization model to strengthen consumer protection. It uses normative juridical research with statutory, conceptual, and analytical approaches. The findings show that liability must be allocated according to each actor’s function in the supply chain. Producers are responsible for quality, labeling, and expiry dates from the production stage onward. Distributors are required to exercise due diligence in storage and circulation. Retailers and actors engaged in trading through electronic systems must ensure that products offered to consumers have not expired. In the recovery context, consumer compensation should not be limited to the administrative authority of the Consumer Dispute Settlement Agency but should also be linked to sectoral food law instruments that do not expressly provide a maximum nominal limit. In the criminal law context, Law Number 18 of 2012 remains the principal sectoral basis for the manipulation of expiry dates. However, its limited sanctions require harmonization with the regime under Law Number 8 of 1999 when the elements of the offense are independently proven. This study concludes that consumer protection against expired food products requires layered, proportionate, and integrated sanctions.
The Effectiveness of Polling Station Supervisor Recruitment Based on Digital Literacy Competence for the SIWASLIH Application in Batam City Sahat F. Rivai Lumban Toruan; Ampuan Situmeang; Hari Sutra Disemadi
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.v8i1.707

Abstract

The implementation of Regional Election oversight through the SIWASLIH application in Batam City continues to face operational constraints, barriers to digital adaptation, and limited supporting facilities for Polling Station Supervisors. This empirical legal research aims to evaluate the effectiveness of Polling Station Supervisor recruitment, analyze the determinants of recruitment dysfunction, and formulate optimization strategies based on digital literacy competence. Using a socio-legal approach, data were collected through in-depth interviews with seven informants and analyzed through a synthesis of legal system theory and legal effectiveness theory. The findings show that the ineffective use of SIWASLIH is caused by the absence of technical recruitment norms that explicitly assess the digital literacy competence of Polling Station Supervisors. Article 27 of Law Number 8 of 2015 provides the normative basis for the duties, authorities, and reporting obligations of Polling Station Supervisors. However, the implementation of these obligations through SIWASLIH has not been supported by adequate digital selection instruments under Bawaslu Regulation Number 19 of 2017 or Decree of the Chairperson of Bawaslu Number 301/HK.01.01/K1/09/2024. The absence of these technical indicators causes recruitment to rely on administrative assessment and general interviews. This study recommends revising technical recruitment instruments, affirming digital literacy indicators in Bawaslu regulations, developing SIWASLIH with offline functionality, providing practice-based technical training, and establishing a task force for technological assistance.
Examination of the Sentencing Framework and the Application of Concurrent Offences to Fuel Oil Counterfeiting in Downstream Business Activities Inge Yuliana Liman; Hwian Christianto
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.v8i1.728

Abstract

Fuel oil counterfeiting in downstream petroleum and natural gas business activities constitutes an economic criminal offense involving several criminal acts. Such conduct disrupts the order of fuel oil trade, harms consumers, and reduces the effectiveness of state supervision over energy distribution. This study examines the sentencing framework for fuel oil counterfeiting and assesses the implications of criminal penalty adjustment policy for the effectiveness of sentencing within the national petroleum and natural gas legal regime. This study is normative juridical research employing a statutory and conceptual approach, with qualitative and prescriptive analyses. The findings show that Article 54 of Law Number 22 of 2001, whose criminal provision has been amended by Law Number 1 of 2026, remains the principal basis for sentencing in cases of fuel oil counterfeiting. The application of concurrent offenses must be constructed based on the conformity of criminal elements, legal subjects, and the facts of the case. The penalty adjustment creates a juridical problem because it changes the nature of the sanction from cumulative to alternative-cumulative and reduces the criminal fine to category V. This change may reduce the effectiveness of criminal fines, particularly against Business Entities or Permanent Establishments. This study recommends optimizing prosecutorial demands within the construction of concurrent offenses and enacting explicit sector-specific criminal provisions so that the maximum criminal fine remains proportionate to culpability, consequences, and the benefit obtained from the criminal offense.
Law Enforcement against Sexual Violence Crimes at the Pangkalpinang Police Resort in 2024 Alifah Oktavirgianti; M. Ilham Wira Pratama
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.v8i1.734

Abstract

Sexual violence constitutes a violation of human rights that requires the implementation of legal instruments to ensure victim protection and recovery. This study aims to examine and analyze victim protection-based law enforcement against sexual violence crimes under Law Number 12 of 2022 at Pangkalpinang Police Resort in 2024, and to identify empirical factors that hinder the effectiveness of investigations. This normative-empirical legal research uses a statutory approach with qualitative analysis. Primary data were obtained through in-depth interviews and limited field observations and analyzed using descriptive qualitative analysis. The findings show that the police have implemented victim protection mechanisms through victim-centered examination, separation of the examination room, psychological assistance, and an understanding of the expanded scope of evidence. However, the effectiveness of investigation remains limited by the insufficient number of trained investigators, the unmet adequacy standards of the special service room for victims, and barriers to interagency coordination. Externally, social stigma, pressure arising from power relations, and victims’ reluctance to report demonstrate obstacles at the pre-reporting stage and affect initial medical and forensic examinations. This study recommends strengthening investigator capacity, improving the standards of special service rooms for victims, establishing integrated operating procedures with health institutions and victim support providers, and developing human rights-based legal literacy in the community.
Distortion of the Supervisory Function of the Village Consultative Body over Village Fund Management in Radda Village Ilham Hidayat Azis; Aulia Khaerunnisa; Abdul Rahman Nur
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.v8i1.746

Abstract

The mainstreaming of regional autonomy positions the BPD as an important institution for maintaining institutional checks and balances in village financial governance. In practice, this normative authority is connected to the sociological reality of the post-disaster area of Radda Village, which shows a weakening of the participatory supervisory function. This study aims to identify and analyze the implementation of the supervisory function of the BPD in budget management and to evaluate the institutional constraints that affect the effectiveness of that supervision. This study uses normative-empirical legal research to examine the gap between regulatory instruments and their implementation in the field. The findings show that the digitalization of financial recording through an administrative system is not sufficient to ensure substantive compliance in the implementation of physical development programs. The internal supervision of the BPD remains weakened by low administrative legal literacy and limited technical understanding among its members. This condition allows unilateral action by the Village Head in modifying programs without formal deliberation, so that the supervisory function of the BPD tends to be limited to retrospective supervision. This study recommends strengthening the regulatory capacity of the BPD through administrative law education, technical budget verification training, and regional policy support to restore the internal supervisory function in accountable village governance.

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