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208 Documents
<![CDATA[Akibat Hukum bagi PPAT yang Mengungkapkan Data Pribadi Pihak yang Bertransaksi: Studi Perlindungan Hukum ]]>
<![CDATA[Miranda Damayanti]]>;
<![CDATA[Ery Agus Priyono]]>
<![CDATA[ SIGn Jurnal Hukum Vol 4 No 2: Oktober 2022 - Maret 2023 ]]>
Publisher : <![CDATA[CV. Social Politic Genius (SIGn) ]]>
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DOI: 10.37276/sjh.v4i2.217
<![CDATA[This study will examine and analyze the legal consequences for LDMO disclosing the personal data of transacting parties. In addition, this study also aims to determine the legal protection for parties who suffer losses due to violations committed by the LDMO. This study uses a normative juridical method. The collection of primary, secondary, and tertiary legal materials is carried out using literature study techniques. The collected legal material is then analyzed using qualitative data analysis methods with a statute approach. The results show that LDMO will get a sanction of dishonorable dismissal, payment of compensation, imprisonment for a maximum of four years, and or a fine for a maximum of four billion rupiahs. In this case, if the LDMO is legally and convincingly proven to have violated the oath of office and caused loss to several parties by disclosure of personal data. At the same time, forming the LDMO Guiders and Supervisors Council is a form of legal protection for all parties who commit legal acts before LDMO. In this case, any party that suffers a loss can complain about the alleged violation committed by LDMO to the Guiders and Supervisors Council. In addition, any party that suffers a loss also gets compensation from LDMO as regulated in laws and regulations. Therefore, it is recommended that LDMO uphold the oath of office as a moral code regulated in the Code of Ethics and Head of the NLA Regulation. In this case, to maintain their profession’s dignity and public trust in their noble role (officium nobile).]]>
<![CDATA[Status dan Kedudukan SHM Satuan Rumah Susun Pasca Kebakaran: Pusat Perbelanjaan Makassar Mall ]]>
<![CDATA[M. Ridjal Adelansyah Syam]]>;
<![CDATA[Abd. Kahar Muzakkir]]>
<![CDATA[ SIGn Jurnal Hukum Vol 4 No 2: Oktober 2022 - Maret 2023 ]]>
Publisher : <![CDATA[CV. Social Politic Genius (SIGn) ]]>
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DOI: 10.37276/sjh.v4i2.218
<![CDATA[This study will examine and analyze the status and position of the SHM of Condominium Units in the building Blok-A of Makassar Mall after a fire. 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 SHM of Condominium Units in building Blok-A of Makassar Mall is still in the status quo. Meanwhile, the fire phenomenon and implementation of the construction of the new building Blok-A of Makassar Mall cannot be qualified as a requirement for the removal of the SHM of Condominium Units. In this case, implementing that construction is a form of PT. MTIR’s obligation to the Makassar Municipal Government based on the agreement held under the BOT system. In contrast, PT. MTIR made efforts to usurp the rights owned by traders as holders of SHM of Condominium Units in the building Blok-A of Makassar Mall. Therefore, it is recommended that the Makassar Municipal Government re-evaluate the involvement of PT. MTIR as the Holder of the Right to Build for Makassar Mall Shopping Center. In addition, it is recommended that PT MTIR register for the transfer of the right based on Government Regulation No. 24 of 1997 if they continue to impose their will to become the holder of the SHM of Condominium Units in building Blok-A of Makassar Mall. Furthermore, it is recommended that law enforcement agencies conduct investigations related to the Collaboration Agreement No. 44/511.2/SP/HK along with the accompanying addendums. In this case, traders must get legal certainty and protection as holders of SHM of Condominium Units in the building Blok-A of Makassar Mall.]]>
<![CDATA[Independensi dan Akuntabilitas Mahkamah Konstitusi dalam Sistem Ketatanegaraan di Indonesia ]]>
<![CDATA[Farah Syah Rezah]]>;
<![CDATA[Andi Tenri Sapada]]>
<![CDATA[ SIGn Jurnal Hukum Vol 4 No 2: Oktober 2022 - Maret 2023 ]]>
Publisher : <![CDATA[CV. Social Politic Genius (SIGn) ]]>
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DOI: 10.37276/sjh.v4i2.166
<![CDATA[This study aims to examine and analyze the independence and accountability of the Constitutional Court in the constitutional system in Indonesia. This study uses a normative juridical method with a statute approach. The collection of primary, secondary, and tertiary legal materials is carried out using literature study techniques. The collected legal material is analyzed using qualitative data analysis methods to describe the problem and answer study purposes. The results show that the Constitutional Court acts as the interpreter and guardian of the constitution. In addition, the Constitutional Court also acts as a guardian of human rights, citizens’ constitutional rights, and democracy. Furthermore, independence and accountability in a judicial process are like two sides of a coin. These cannot be separated because the two principles complement each other. Although the Constitutional Court has implemented duties and functions based on the principle of accountability. However, the independence of the Constitutional Court as the executor of Judicial Power has finally been lost. The Constitutional Court is now a judicial institution whose position is limited to sub-ordination from the other spheres of State Power which proposes Judges to fill in the Constitutional Court. Therefore, it is recommended that Constitutional Judges maintain their independence even though their positions result from proposals by other spheres of State Power. It is also recommended that the President and the House of Representatives uphold the mechanism of checks and balances between spheres of state power based on democratic principles. In this case, to realize the ideals of a law-based and democratic-based state for the sake of a more recognized national and state life.]]>
<![CDATA[Pemberdayaan Masyarakat Nelayan di Desa Pabeanudik: Studi Kasus Perlindungan Hukum ]]>
<![CDATA[Mulyadi Mulyadi]]>;
<![CDATA[Kayus K. Lewoleba]]>;
<![CDATA[Yuliana Yuli Wahyuningsih]]>;
<![CDATA[Satino Satino]]>;
<![CDATA[Dwi Aryanti Ramadhani]]>
<![CDATA[ SIGn Jurnal Hukum Vol 4 No 2: Oktober 2022 - Maret 2023 ]]>
Publisher : <![CDATA[CV. Social Politic Genius (SIGn) ]]>
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DOI: 10.37276/sjh.v4i2.221
<![CDATA[This study aims to examine the implementation of legal protection for the fishermen community in Pabeanudik Village. 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 to describe the problem and answer study purposes. The results show that there are contradictory explanations from several laws and regulations regarding the status of fishermen as legal subjects. In addition, most Fishers do not receive guarantees of safety and security from Fishing Vessel Owner when going to sea on the high seas. In addition to weak legal protection, Fishers also received less guidance and guarantees for legal assistance from the Local Government. Therefore, it is recommended that the Government make amendments to several laws and regulations. In this case, to equalize the explanation of the status of fishermen as legal subjects. Furthermore, the Local Government must implement protection and empowerment policies regulated in laws and regulations. These include business certainty, elimination of high-cost economic practices, provision of production facilities and infrastructure, guarantees against risks in the fishing business, and assistance for fishermen who have difficulty catching fish. In addition, support in the form of protection and empowerment is given exclusively to small fishermen and fishers so that the series of problems described can be minimized in the future.]]>
<![CDATA[Perselisihan Penetapan Anggota Komisi Pemilihan Umum: Studi Penerapan Upaya Administratif ]]>
<![CDATA[Muhammad Rinaldy Bima]]>
<![CDATA[ SIGn Jurnal Hukum Vol 4 No 2: Oktober 2022 - Maret 2023 ]]>
Publisher : <![CDATA[CV. Social Politic Genius (SIGn) ]]>
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DOI: 10.37276/sjh.v4i2.163
<![CDATA[This study aims to describe the position of the Selection Team at the State Administrative Court, as well as analyze dispute resolution procedures within the scope of the General Election Commission administration. This study uses a normative juridical method. The collected legal material is analyzed using qualitative data analysis methods with a statute approach to describe the problem and answer study purposes. The results show that the position of the Selection Team is a witness in the process of dispute resolution at the State Administrative Court. Furthermore, the detrimental parties may submit an objection and appeal effort. In this case, administrative dispute resolution has been regulated in General Election Commission Regulation No. 3 of 2021. On the other hand, Judges will only adjudicate cases and resolve disputes at the State Administrative Court after the plaintiff has undergone administrative efforts. Therefore, it is recommended for the Judge to reject lawsuits from the plaintiffs if the lawsuit positions the Selection Team as the defendant. In addition, it is also recommended that the plaintiff know and understand dispute resolution procedures on the determination of members of the General Election Commission at the State Administrative Court. In contrast, if the plaintiff has undergone administrative effort while the General Election Commission rejects the effort. So to get legal certainty, the plaintiff must submit a lawsuit by positioning the Commissioner of the General Election Commission as the defendant at the State Administrative Court.]]>
<![CDATA[Bentuk dan Perkembangan Tindak Pidana Narkotika di Masa Pandemi Covid-19: Studi Kasus Putusan Pengadilan ]]>
<![CDATA[Muhammad Djaelani Prasetya]]>;
<![CDATA[Iustika Puspa Sari]]>;
<![CDATA[Syahril Said]]>;
<![CDATA[Andi Akbar]]>
<![CDATA[ SIGn Jurnal Hukum Vol 4 No 2: Oktober 2022 - Maret 2023 ]]>
Publisher : <![CDATA[CV. Social Politic Genius (SIGn) ]]>
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DOI: 10.37276/sjh.v4i2.164
<![CDATA[This study aims to examine and analyze the juridical and victimological correlations to the forms and developments of narcotics crime based on several Decisions of the District Court of Makassar during the Covid-19 pandemic. This study uses normative legal research with a statute approach and a case approach. The collected legal material is analyzed using qualitative analysis techniques to describe the problem and answer study purposes. The results show juridical and victimological correlations: Law No. 8 of 1981, Law No. 35 of 2009, and Rehabilitation. The forms and developments of narcotics crime during the Covid-19 pandemic can be identified based on the application of investigator testimony, victims of abusers, rehabilitation, participation, criminal disparity, special minimum punishment, undercover buying, and the best interest principle for children. Therefore, it is recommended that all law enforcement agencies not abuse their authority in implementing the juridical and victimological correlations. In this case, eradicating narcotics crimes in Indonesia can be more effective in the future.]]>
<![CDATA[Asas Netralitas ASN dalam Pemilihan Kepala Daerah Tahun 2020: Studi Kasus di Kabupaten Maros ]]>
<![CDATA[Agussalim A. Gadjong]]>
<![CDATA[ SIGn Jurnal Hukum Vol 3 No 2: Oktober 2021 - Maret 2022 ]]>
Publisher : <![CDATA[CV. Social Politic Genius (SIGn) ]]>
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DOI: 10.37276/sjh.v3i2.165
<![CDATA[This study aims to examine and analyze the implementation, prevention, forms of violations, and factors influencing the ASN Neutrality principle in the 2020 Regional Head Elections in Maros Regency. This study uses empirical research methods. Primary data collection is done by direct interviews. The data obtained in this study were then analyzed qualitatively to analyze the problem and answer the research objectives. The results showed that the neutrality of civil servants in implementing the 2020 Regional Head Elections in the Maros Regency had not been carried out correctly. The worst condition was because three unscrupulous employees violated ASN neutrality more than once. Meanwhile, Bawaslu has taken various forms of efforts to prevent violations related to ASN Neutrality in Maros Regency: through coordination and outreach meetings, letters of appeal, and visual aids. The factors that influence the neutrality of ASN in the holding of Regional Head Elections: are patron-client culture, primordial (kinship relations), law enforcement, and motivation for positions. Therefore, it is recommended that the Ministry of Internal Affairs increasingly consider the principle of neutrality in the selection process for ASN candidates. In addition, it is recommended that KASN provide strict sanctions for ASN who are not neutral. In this case, in the future, there will be no more violations of ASN neutrality that are committed more than once.]]>
<![CDATA[Asas-Asas Pembentukan Peraturan Perundang-Undangan yang Baik: Sebuah Tinjauan Kritis ]]>
<![CDATA[Dachran S. Busthami]]>
<![CDATA[ SIGn Jurnal Hukum Vol 4 No 2: Oktober 2022 - Maret 2023 ]]>
Publisher : <![CDATA[CV. Social Politic Genius (SIGn) ]]>
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DOI: 10.37276/sjh.v4i2.223
<![CDATA[This study aims to examine and analyze the fundamentality of the principles of good legislation forming. This study uses normative legal research with historical, conceptual, and statute approaches. The collection of legal materials is carried out using a literature study technique. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that the principles of law are the spirit or soul of the law. The law will exist and grow in society, only and if the law is rooted in the principles of law. Meanwhile, legislation means written regulations containing generally binding legal norms. So that the principles of good legislation forming are principles of law that provide guidelines and guidance for formulating the contents of regulations. Therefore, it is recommended for legal academics to have a construction of thought based on the principles of law. In addition, the Government must ensure every legal academic’s competence when making academic manuscripts of draft legislation. In this case, the law-based state must achieve social justice for Indonesia’s people.]]>
<![CDATA[Implikasi Perjanjian TRIMs terhadap Perekonomian Domestik di Abad 21: Studi Pengembangan Hukum ]]>
<![CDATA[Satrih Hasyim]]>;
<![CDATA[La Ode Husen]]>;
<![CDATA[Nasrullah Nasrullah]]>
<![CDATA[ SIGn Jurnal Hukum Vol 4 No 2: Oktober 2022 - Maret 2023 ]]>
Publisher : <![CDATA[CV. Social Politic Genius (SIGn) ]]>
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DOI: 10.37276/sjh.v4i2.224
<![CDATA[This study aims to analyze the implications of the TRIMs agreement for Indonesia. It discusses the exceptions to the TRIMs agreement, the utilization of transition periods, as well as the efforts of the Government to increase the investment value. This normative legal study uses statute, sociological, and comparative approaches with a literature study technique. The study results a show that Indonesia implements the TRIMs agreement, considering the exceptions and transition period. The Government’s efforts to increase investment include clear legal protection, improvement of human resources, a conducive investment environment, digital technology, innovative approach, and simplifying the investment process. Therefore, it is recommended that the Government strengthens investment regulations and policies that consider the development of society and the business world and increases investment in education and digital technology. The community must also actively participate in helping to increase investment by creating a conducive investment environment. With reasonable efforts and cooperation, investment in Indonesia is expected to increase and positively impact Indonesia’s economic growth in the 21st century.]]>
<![CDATA[Media Sosial dalam Proses Pembuktian Tindak Pidana Informasi dan Transaksi Elektronik ]]>
<![CDATA[Rionov Oktana]]>;
<![CDATA[Syukri Akub]]>;
<![CDATA[Maskun Maskun]]>
<![CDATA[ SIGn Jurnal Hukum Vol 4 No 2: Oktober 2022 - Maret 2023 ]]>
Publisher : <![CDATA[CV. Social Politic Genius (SIGn) ]]>
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DOI: 10.37276/sjh.v4i2.252
<![CDATA[This study aims to examine and analyze social media accounts’ status and seizure procedures in the evidentiary process of cybercrime. This study uses normative legal research with a statute and case approach. The collection of legal materials is carried out using a literature study technique. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that the status of social media as legal means of proof in the evidentiary process at trial is regulated in Law No. 11 of 2008 and Law no. 8 of 1981. Electronic evidence can be categorized as proof of indication by fulfilling the formal and material requirements regulated in Law No. 11 of 2008. Meanwhile, seizure procedures of social media accounts in the evidentiary process of cybercrime are preceded by searching mobile phone communication to obtain device specifications. Social media accounts, files, documents, and applications used by cybercrime perpetrators will be found in these specifications. Seizure of social media accounts is regulated in Article 43 section (3) of Law No. 19 of 2016, while the procedure is carried out based on Law No. 8 of 1981. Therefore, it is recommended that the government and law enforcement agencies issue implementing regulations regarding seizing social media accounts as legal means of proof in the evidentiary process of electronic information and transaction crimes. In addition, collaboration between the Ministry of Communications and Informatics and social media platforms is needed to handle more accessible and more efficient cases, mainly regarding seizures of social media accounts used by cybercrime perpetrators. On the other hand, it is necessary to expand the meaning of proof of indication as regulated in Law No. 8 of 1981 in order to be able to emphasize social media proof as a legal means of proof.]]>
