cover
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
ISSN : 26858614     EISSN : 26858606     DOI : https://doi.org/10.37276/sjh.v4i1
Core Subject : Social,
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
Penerapan Pidana Penjara terhadap Kleptomaniak: Studi Kasus Putusan Pengadilan Syarif Saddam Rivanie; Slamet Sampurno Soewondo; Nur Azisa; Muhammad Topan Abadi; Ismail Iskandar
SIGn Jurnal Hukum Vol 4 No 1: April - September 2022
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v4i1.169

Abstract

This study aims to examine and analyze the Judge’s application of imprisonment to kleptomaniacs based on Decision No. 574/Pid.B/2019/PN.Dps. This study uses a normative juridical research method. The data was collected using literature study techniques on primary, secondary, and tertiary legal materials. The collected legal material is then analyzed using qualitative data analysis methods with a statute approach and a case approach which will then conclude the object of the research. The results show that the Judge’s application of imprisonment to the accused is based on Decision No. 574/Pid.B/2019/PN.Dps was the right decision. In this case, the problem of kleptomania currently ongoing in court should be proven with a Psychiatric Visum et Repertum. While the Letter of Statement No. 01/II.MR/RSPI/2019 cannot be the basis for the implementation of eliminating punishment. To determine that a person has kleptomania must undergo a process of examination for a minimum of two weeks to three months. Therefore, it is recommended that investigators provide the opportunity or take the initiative to prove the suspect’s mental condition before being processed to the following legal proof stage. So no more accused who prove their status as kleptomaniacs using the letter of statement. The Judge is also recommended to decide by giving measures sanction to the accused if proven to have kleptomania to avoid the recurrence of the crime of theft in the future.
Hak Kreditur Pemegang Jaminan pada Perseroan Terbatas yang Dinyatakan Pailit Efraint Pangondian Sinaga; Nadia Maulisa
SIGn Jurnal Hukum Vol 4 No 1: April - September 2022
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v4i1.171

Abstract

This study aims to analyze and explain the position of creditors as holders of the pledge of shares of a Limited Liability Company declared bankrupt. This study also aims to determine the legal remedies creditors can take if they experience these problems. This study uses a normative juridical research method with a statute and conceptual approach. The data was collected using literature study techniques on primary, secondary, and tertiary legal materials. The collected legal materials are then analyzed using qualitative data analysis methods. The results show that the position of creditors as holders of the pledge of shares of a Limited Liability Company declared bankrupt is preferred creditors. However, the position of creditors will mutatis mutandis change from preferred creditors to concurrent creditors because the collateral object no longer exists. In addition, creditors can make efforts as holders of the pledge of shares related to Limited Liability Company declared bankrupt, namely preventive and repressive efforts. However, repressive efforts are insufficient to provide justice, certainty, and legal protection to creditors as holders of the pledge of shares. Therefore, it is recommended to creditors as holders of the pledge of shares to make preventive efforts: authentic deed, authorization letter to sell the collateral object, adding another collateral object, and auditing prospective debtors and collateral objects. In addition, it is recommended for the Government to harmonize and regulate several applicable laws and regulations regarding the pledge of shares. In this case, creditors as holders of the pledge of shares have more power, certainty, and legal protection in the pledge of shares agreement in the future.
Peralihan Hak Atas Tanah melalui Hibah Secara Lisan: Studi Kasus Putusan Pengadilan Dian Ayu Meika Putri; Ana Silviana
SIGn Jurnal Hukum Vol 4 No 1: April - September 2022
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v4i1.176

Abstract

This study aims to examine and analyze the cancellation of the transfer of land rights through oral grants. In addition, to understand the legal consequences of Decision No. 30/Pdt.G/2020/PN.Tnr regarding the position of the land object obtained against the law. This study uses a normative juridical research method. The data was collected using literature study techniques on primary, secondary, and tertiary legal materials. The collected legal material is then analyzed using qualitative data analysis methods with a statute approach and a case approach which will then conclude the object of the research. The results show that the transfer of land rights is implemented through oral grants in Decision No. 30/Pdt.G/2020/PN.Tnr is invalid and null by law. In this case, based on Article 617, Article 1320, Article 1335, Article 1365, Article 1682, and Article 1688 point 2 of the Civil Code. In addition, there are rules and prohibitions for transferring land from the distribution of the Transmigration Program. While the legal consequences are defendants, I to VIII and co-defendant V must vacate and get out from the land right of ownership plaintiff in excellent and intact condition. Therefore, it is recommended that each party that implements the grant knows the rules according to the applicable laws and regulations. Meanwhile, the recipient of the distribution of Land from the Transmigration Program must understand the rules and prohibitions as a participant in the program. The government and related agencies must be more intense in socializing with the public about the importance of making a grant deed before the Land Deed Official. This condition aims to minimize the occurrence of land disputes in the future due to oral grants.
Kesadaran Hukum Remaja di Wilayah Kepulauan dalam Menggunakan Media Sosial Z. Zainuddin; Salle Salle
SIGn Jurnal Hukum Vol 3 No 2: Oktober 2021 - Maret 2022
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v3i2.177

Abstract

This research aims to determine the legal awareness of juveniles in archipelagic areas using social media. This type of research is empirical legal research. The data was collected using a questionnaire and direct interviews. The data obtained in this research were then analyzed descriptively qualitatively with a sociological juridical approach to conclude the research's object. The results show that most of the legal awareness of juveniles in archipelagic areas is still low using social media. In this case, most juveniles do not know (54%) and do not understand (66%) on regulations for using social media. In addition, most behaviors of juveniles have violated (72%) of the regulations for using social media. Therefore, it is recommended for parents, teachers, and law enforcement officers to provide assistance and education to juveniles in using social media. In addition, law enforcement and local government officials can involve the participation of the community to be more intense in conducting legal counseling for juveniles. In this case, juveniles in archipelagic areas will have more legal awareness and comply with laws and regulations in the future.
Dikotomi Pendekatan dalam Kajian Ilmu Hukum: Sebuah Tinjauan Kritis Nurul Qamar; Farah Syah Rezah
SIGn Jurnal Hukum Vol 4 No 2: Oktober 2022 - Maret 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v4i2.162

Abstract

This study aims to examine and analyze the dichotomy between doctrinal and non-doctrinal approaches in the study of legal science. This research uses normative research methods. The collection of legal materials is done by using literature study techniques. The legal material obtained in this study was then analyzed qualitatively with a comparative approach to present conclusions and answer the research objectives. The results show that the dichotomy of approach in the study of legal science is a scientific dynamic in line with social changes in the community. The doctrinal approach is a normative legal study that always focuses on norms that are none other than the character of legal science itself. In contrast, the non-doctrinal approach is an empirical legal study that crosses other scientific disciplines and does not ignore legal norms as the character of legal science. In addition, the doctrinal approach determines substantially what is allowed and what is not (das sollen). At the same time, the non-doctrinal approach corrects legal behavior as nothing but a judiciary that creates justice, certainty, and utility in the empirical realm (das sein). Therefore, it is recommended for legal academics to have progressive legal thought construction. In addition, the government must ensure every legal academic’s competence when making academic manuscripts of Laws and Regulations Draft. In this case, the rule of law must achieve social justice for Indonesia’s people.
Penunjukan Wali Anak Berdasarkan Asas Audi Et Alteram Partem dan Asas Wali Anak Hanya Satu Nathania Amadea; Fatmi Utarie Nasution; Sherly Ayuna Putri
SIGn Jurnal Hukum Vol 4 No 1: April - September 2022
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v4i1.185

Abstract

This study examines and analyzes the dispute resolution of appointing a legal guardian based on the audi et alteram partem principle and only one legal guardian principle. This research combines normative juridical and empirical research methods. The types and sources of data used in this research are primary and secondary data. The primary data were collected using direct interviews with an informant. While the secondary data was collected using literature study techniques on primary, secondary, and tertiary legal materials. The data obtained in this research were then analyzed juridically qualitatively. The results show that implementing the dispute resolution of appointing a legal guardian through a lawsuit realizes the principle of audi et alteram partem. Furthermore, with the realization of the audi et alteram partem principle, it will also directly realize the principle of only one guardian or what is known as the principle of one and indivisible. Therefore, it is recommended that the Government make amendments to Government Regulation No. 29 of 2019. In this case, explicitly and regulated disputes over guardianship rights should be examined through the jurisdictio contentiosa mechanism. Thus, anyone has the right to apply as a legal guardian, as long as they meet the requirements, have closeness, and the Child’s willingness.
Subjek Hukum Kegiatan Pengelolaan Rumah Susun Bukan Hunian: Pasar Sentral Ujung Pandang M. Ridjal Adelansyah Syam; Farida Pattitingi; Sri Susyanti Nur
SIGn Jurnal Hukum Vol 4 No 1: April - September 2022
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v4i1.186

Abstract

This study examines and analyzes the legal subject of the Ujung Pandang Central Market management activities, which are treated as Non-Residential Condominium buildings based on Law No. 20 of 2011. This research combines normative juridical and empirical research methods. The primary data were collected using direct interviews, while the secondary data was collected using literature study techniques. The data obtained in this research were then analyzed qualitatively. The results show that the legal subject of the Ujung Pandang Central Market management activities, which are treated as Non-Residential Condominium buildings, must be held by PPPSRS based on Article 59 of Law No. 20 of 2011. In this case, if PPPSRS has not been established, then PT. MTIR must establish PPPSRS no later than one year from the first delivery of the condominium unit to the owner. However, until now, PPPSRS has not been established and established by PT. MTIR. So strictly speaking, PT. MTIR deviated from its obligations in implementing Law No. 20 of 2011. Therefore, it is recommended that the Makassar Municipal Government re-evaluate the involvement of PT. MTIR as Holder of The Right to Build for Ujung Pandang Central Market. In addition, it is recommended to PT. MTIR to comply with Article 59 of Law No. 20 of 2011 by establishing PPPSRS. Furthermore, it is hoped that law enforcement and the Regional House of Representatives of Makassar Municipal will protect the interests of traders so that PPPSRS is established as a legal subject for the Ujung Pandang Central Market management activities.
Manfaat Merek Dagang Terdaftar Bagi Pelaku UMKM di Kota Surakarta: Studi Kasus Perlindungan HKI Patrica Ingarasi; Nany Pudianti Suwigno
SIGn Jurnal Hukum Vol 4 No 2: Oktober 2022 - Maret 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v4i2.187

Abstract

This research aims to examine and analyze the benefits obtained by MSME actors in Surakarta after registering their trademarks. This research uses the empirical research method. The primary data were collected using direct interviews. The data obtained in this research were then analyzed qualitatively to analyze problems and answer study purposes. The results show that the IPR has provided legal certainty and protection for the Owner. Apart from getting legal protection, the rights Owner of the trademark also gets material and immaterial benefits. In this case, the rights Owner of the Mal Mel trademark feels the immaterial benefits. Furthermore, the rights Owner of the Mal Mel trademark prefers to give a direct warning if she finds a social media account plagiarizing his trademark rather than through positive legal procedures. At the same time, the rights Owner of the Mal Mel trademark does not think of making a profit by earning and receiving compensation from plagiarists. Therefore, it is recommended for every business actor, especially those with large and developing scales, to register their trademarks. In addition, MSME actors can also register the trademark to DGIP using the collective system. On the other hand, it is also recommended for the Government increase public understanding and trust in solving problems through positive legal procedures, even though the crime of IPR plagiarism is included in the category of constituted complaint delict.
Analisis Hukum dan Ekonomi: Studi Kasus Pembinaan Kemandirian Narapidana Andi Armansyah Akbar; Musakkir Musakkir
SIGn Jurnal Hukum Vol 4 No 2: Oktober 2022 - Maret 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v4i2.205

Abstract

This study examines and analyzes the effectiveness and efficiency of the convict self-development program in the penitentiary using legal and economic approaches. This study uses empirical legal research methods. The primary data were collected using direct interviews with four informants. While the secondary data was collected using literature study techniques on primary, secondary, and tertiary legal materials. The data obtained in this research were then analyzed using qualitative data analysis methods with a legal and economic approach. The results show four concepts and five principles for conducting legal and economic analysis. Legal and economic analysis shows that the convict self-development program in Class 1 Penitentiary of Makassar is not running effectively and efficiently based on four factors: legal, law enforcement, facilities, and community. Therefore, it is recommended for MoLHR to make Regulations on observation, assessment, and reporting for implementing the convict development. Furthermore, it is recommended that the Director General of Correctional make Regulations on The guidance for implementing Correctional Guardian. In addition, there should be a restoration of regulations related to the role of correctional guardians as certain functional positions in the Penitentiary. In this case, the convict self-development program in the future can be carried out more focused, measurably, and systematically.
Aktivitas Pedagang Fisik Aset Kripto Tidak Bersertifikat: Studi Perlindungan Hukum Bagi Investor Shellma Riyaadhotunnisa; Muhamad Amirulloh; Deviana Yuanitasari
SIGn Jurnal Hukum Vol 4 No 2: Oktober 2022 - Maret 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v4i2.211

Abstract

This study examines and analyzes the legal protection for Investors from the activities of uncertified crypto asset physical Traders. This study uses a normative juridical research method with a statute approach. The data was collected using literature study techniques on primary, secondary, and tertiary legal materials. The collected legal material is then analyzed using qualitative data analysis methods. The results show that the Government has provided legal protection for investors from the activities of uncertified crypto asset physical traders based on Law No. 10 of 2011, CoFTRA Regulation No. 8 of 2021, and CoFTRA Regulation No. 11 of 2022. The crypto asset investment mechanism regulated in these laws and regulations is a form of preventive legal protection. In contrast, there is not a single CoFTRA Regulation that contains provisions on repressive legal protection for Investors suffering losses from uncertified Traders. However, Investors suffering losses from uncertified Traders can still take several legal actions: deliberation, civil lawsuit, and restorative justice on the criminal decision. Therefore, it is recommended for Investors to conduct crypto asset transactions with Traders by obtaining a registration certificate from CoFTRA. In addition, it is recommended to CoFTRA for more regulation on dispute resolution for Investors suffering losses from uncertified Traders. In this case, to create legal certainty and better legal protection in future crypto asset physical market trading.

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