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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 208 Documents
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Unjuk Rasa Anarkis Saat Pelaksanaan Hak Atas Kebebasan Berpendapat Siti Zubaidah; Kamsilaniah Kamsilaniah; M. Amil Shadiq; Abd. Haris Hamid; Fitriani Fitriani
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.v4i2.222

Abstract

This research analyzed anarchist demonstrations by undergraduate students while expressing opinions in public. The study used normative and empirical research methods, including direct interviews and a literature review of legal materials. Results showed that these anarchist demonstrations occur in Indonesia and other countries. Several factors motivated the protest masses to participate in anarchist demonstrations: the Government’s failure to respond to their aspirations, the presence of certain provocateurs, and the Police’s inability to control the protest masses. Meanwhile, the Police take measures to prevent anarchist demonstrations: the field coordinators of the protest masses must inform before the demonstration, urge the protest masses for a peaceful demonstration and respect citizens’ rights around the demonstration location, and disband anarchist demonstrations. In addressing the root causes of anarchist demonstrations, it is recommended that the Government and members of Parliament take proactive measures, such as responding to the protest masses’ aspirations. At the same time, the Police and undergraduate students in demonstration locations should continue enforcing the provisions under applicable legislation. These efforts can maintain peace and order for undergraduate students during demonstrations while protecting the rights of citizens to express opinions in public.
Kedudukan Hukum Majelis Rakyat Papua dan Ratio Decidendi Mahkamah Konstitusi: Studi Putusan Pengadilan Fahri Bachmid
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.v3i2.225

Abstract

This study aims to analyze the legal standing and interest of the MRP as an embodiment of asymmetrical decentralization policies and the ratio decidendi of the Constitutional Court in Decision Number 47/PUU-XIX/2021. This normative legal study uses the statute and case approaches and collects data through a literature study technique. Results showed that asymmetrical decentralization policy prioritizes the specificity, uniqueness, diversity of regions, and unity of society through indigenous law and traditional rights. The granting of special autonomy to Papua aims to reduce disparities and improve living standards for the indigenous people. The MRP, established as a cultural representation with specific authority in protecting the rights of the indigenous people of Papua, evaluated that some provisions in Law Number 21 of 2001 and Law Number 2 of 2021 contradict the 1945 Constitution. In contrast, MRP’s request does not contain constitutional issues, and some are in line with the interests of the Local Government. In Decision 47/PUU-XIX/2021, the Constitutional Court stated that part of the complainant’s request could not be accepted and rejected the complainant’s request other than and the rest. Therefore, it is recommended that the MRP collaborate with the Local Government to promote the interests of the indigenous people of Papua. The Government must also continuously monitor the progress and evaluate the asymmetrical decentralization policy in reducing disparities and improving the standard of living for the indigenous people of Papua. Furthermore, the Government should ensure that the rights of the indigenous people of Papua remain protected and respected.
Kewenangan PPAT dalam Pembuatan AJB Terkait Tanah Warisan Milik Anak di Bawah Umur Yuli Adha Hamzah; Arianty Anggraeny Mangarengi
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.v4i2.253

Abstract

This research aims to examine and analyze the authority of PPAT in making AJB related to heritage land owned by a minor and identify the factors that hinder the sale and purchase of heritage land rights. The study used normative and empirical research methods, including direct interviews and a literature review of legal materials. Results showed that the PPAT will conduct a preliminary examination of the documents of the sale and purchase of land rights to avoid problems arising due to failure to meet material and formal requirements. Specifically, the seller must attach the Court Decision on the legal guardian, the testator’s death certificate, and the inheritor’s certificate to fulfill the formal requirement of the legal acts. Furthermore, the factors that hinder the sale and purchase of heritage land rights: are document availability, coordination among related parties, legal and bureaucratic procedures, and personal or psychological factors. Therefore, it is recommended that PPAT, Courts, and other parties involved in the sale and purchase of heritage land rights actively improve communication and coordination. Additionally, it is essential to simplify legal procedures and bureaucracy associated with making AJB, including managing required documents such as the Court Decision on the legal guardian, the testator’s death certificate, and the inheritor’s certificate. Furthermore, legal training and education for PPAT and related parties are needed to increase understanding of the material and formal requirements that must be met in the legal act of the sale and purchase of heritage land rights.
Kedudukan Harta Bawaan dan Harta Bersama setelah Perceraian: Studi Perjanjian Pranikah Abdul Muthalib Rimi
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.v4i2.226

Abstract

This study aims to examine and analyze the position of the premarital property and joint property in the prenuptial agreement and the legal consequences after the divorce. This normative legal study uses a statute and comparative approaches with a literature study technique. The results show that premarital and joint property have different marital positions. Premarital property refers to property owned individually by the husband or wife before marriage. In contrast, joint property refers to property acquired during the marriage and jointly owned by husband and wife. At the time of the divorce, the joint property becomes the object of division, whereas the premarital property remains excluded from division unless regulated in the prenuptial agreement. If the divorce occurs without a prenuptial agreement, the division of joint property must be executed after a court decision is obtained, which has become final and binding. On the other hand, although the prenuptial agreement serves as a legal means of proof, the judge may ignore it for several reasons. That judge’s consideration can provide legal consequences for the prenuptial agreement in a divorce decision. Therefore, it is recommended that prospective spouses, notaries, and judges, need to understand the differences between premarital and joint property and the legal consequences related to divorce. Prospective spouses are advised to make clear and detailed prenuptial agreements regarding property division in the event of a divorce, thereby reducing potential conflicts and disputes. The notary should assist prospective spouses in drafting fair agreements under applicable laws. Judges, in turn, need to objectively consider prenuptial agreements and ensure that decisions align with both parties’ interests and the principles of justice.
Konstitusionalitas dan Ideologi dalam Sistem Pemilu: Tafsir Moral Pancasila pada Sistem Representasi Proporsional Syafruddin Muhtamar; Fahri Bachmid
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.v3i2.227

Abstract

This study aims to examine and analyze the constitutionality of the electoral system to the relevance of the philosophische grondslag and staatsfundamentalnorm of Pancasila and to investigate the constitutional ideological degree of the electoral system in Indonesia. This study uses normative legal research with a statute, historical, and comparative 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 constitutionality of the PR system in Indonesian state governance is an effort to create an inclusive and democratic government. However, since the Reform Era and the post-amendment of the 1945 Constitution, the moral values of Pancasila are embedded in the preamble of the 1945 Constitution as philosophische grondslag and staatsfundamentalnorm, its implementation has not been realized in every subject matter. Additionally, Pancasila should be the standard measure of the ideological degree of the electoral system in Indonesia. Therefore, it is recommended that the Government and the House of Representatives prioritize implementing Pancasila’s moral values in the electoral system by amending the 1945 Constitution and Law Number 7 of 2017. Implementing Pancasila’s values must be concretely realized in each main subject regulated in the body of the 1945 Constitution and the norms of Law Number 7 of 2017. Furthermore, systematic evaluations of Indonesia’s electoral system should be carried out periodically to ensure alignment between the electoral system and Pancasila as the country’s ideological foundation. Thus, the design of the electoral system will become an ideological means for realizing national goals based on Pancasila ideology in the future.
Dewan Perwakilan Daerah dalam Sistem Ketatanegaraan Indonesian: Studi Sistem Bikameral Raden Siti Rachmah Wardani
SIGn Jurnal Hukum Vol 5 No 1: April - September 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v5i1.228

Abstract

This study aims to examine and analyze the authority of the DPD in the law-forming process based on the bicameral system. This study uses normative legal research with the statute and comparative approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that the DPD members possess strong political legitimacy, because members of both chambers within the legislative branch are elected through the electoral process in Indonesia. However, no provision in the legislation grants the DPD a legislative function. Instead, the DPD holds limited authority in the law-forming process, only able to propose, participate in discussions, and provide considerations to the DPR over draft laws. In comparison, Indonesia’s DPD has significantly more limited authority than senates in other countries with bicameral systems. Additionally, several perspectives, paradigms, and differentiating factors help explain the reasons and objectives behind implementing bicameral systems. Therefore, it is recommended that stakeholders understand the various perspectives, paradigms, and differentiating factors that explain the reasons and objectives behind implementing bicameral systems in other countries. This understanding aims to enhance the authority of the DPD as a legislative power within the Indonesian state governance system. This understanding can also serve as a consideration for stakeholders in amending the 1945 Constitution, Law Number 17 of 2014, and Law Number 12 of 2011. In this context, the legislative function in a bicameral system refers to forming and ratifying laws by both chambers within the legislative branch. Consequently, Indonesia’s bicameral system can become more effective, responsive, and inclusive, ultimately promoting a more democratic and stable state governance system in the future.
Perjanjian Jasa Titip Beli Barang melalui Platform E-Commerce: Studi Kasus Perlindungan Konsumen Agussalim A. Gadjong
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.v4i2.230

Abstract

This research examines and analyzes the legal relationship and protection between service providers and consumers in the agreement of personal shopping services through e-commerce platforms. This empirical legal research was conducted in Makassar from December 2022 to February 2023. Data is collected through direct interviews with the two informants and questionnaires for the 30 respondents. The obtained data is then quantitatively analyzed and presented in argumentative and infographic forms to describe the problem and address the research purposes. The results show that the legal relationship occurring in personal shopping service transactions can be categorized as a legal relationship of sale and purchase because there is no substantial difference in the elements. In principle, the service provider can be held accountable if the consumer suffers a loss due to the non-fulfillment of legal obligations within the transaction. In this research, the service provider has fulfilled its obligation to provide compensation, damages, or product replacements if the products consumers receive do not conform to the agreement of personal shopping service through e-commerce platforms. Therefore, it is recommended that consumers should be diligent in understanding the agreement’s terms and conditions of personal shopping services. Service providers must ensure transparent communication, maintain high-quality services, and fulfill their obligations by providing compensation or product replacements when necessary. Meanwhile, the Government should establish and enforce regulations to protect service providers and consumers, creating a fair and reliable e-commerce environment for personal shopping services. In addition, these regulations are also intended to prevent fraud that can be detrimental to all parties in the agreement of personal shopping services through e-commerce platforms in the future.
Peredaran Produk Kedaluwarsa dalam Parsel: Kajian Perlindungan Konsumen Tahshinatus Salamah; Retno Catur Kusuma Dewi
SIGn Jurnal Hukum Vol 5 No 1: April - September 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v5i1.261

Abstract

This study aims to examine and analyze the principles and legal forms of consumer protection against the circulation of expired products in parcels. This study uses normative legal research with the statute and comparative approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that the principles of consumer protection laws have become the primary focus of the global community. Furthermore, the principles and legal forms of consumer protection against the circulation of expired products in parcels encompass comprehensive policy-making, dispute resolution systems, information transparency, and consumer privacy protection. In addition, enhancing consumers’ knowledge, skills, and self-confidence in utilizing their rights to obtain compensation is a priority. Compliance by businesses with laws and responsive business practices also constitutes the principles and legal forms of consumer protection. Therefore, it is recommended that governments increase supervision against the circulation of expired products through stricter regulations and effective law enforcement while providing support for vulnerable and disadvantaged consumers. Businesses must ensure compliance with laws, regulations, and international consumer protection standards and implement clear and accessible product return, compensation, and replacement policies. Society, including consumers, must actively advocate and acquire the knowledge and skills to identify and avoid expired products in parcels. Finally, the collaboration between universities, businesses, and governments in researching and developing consumer protection policies related to expired products in parcels should be enhanced to generate innovative and effective solutions in the future.
Inkonsistensi Definisi Nelayan Kecil dalam Kerangka Hukum Indonesia: Studi Perbandingan Peraturan Perundang-Undangan Muhammad Rinaldy Bima
SIGn Jurnal Hukum Vol 5 No 1: April - September 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v5i1.259

Abstract

This study aims to examine and analyze the norm conflict regarding the definition of small fishermen in legislation at the same hierarchical level. This study uses normative legal research with the statute, conceptual, and comparative approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that there is a conflict of norms between Law Number 45 of 2009 with Law Number 7 of 2016 in defining small fishermen. Law Number 45 of 2009 refers to fishermen with a maximum vessel size of 5 GT, while Law Number 7 of 2016 refers to fishermen who use their own or others’ vessels with a maximum size of 10 GT. On the other hand, GT is a unit of measure agreed upon as the provisions of the Convention on the International Tonnage Measurement of 1969 in determining the vessel category. To eliminate norm conflict concerning the definition of small fishermen, the Government enacted the GR in Lieu of Law Number 2 of 2022. Fatally, GR in Lieu of Law Number 2 of 2022 raises ambiguity which shows the definition of small fishermen is increasingly unclear. Therefore, it is recommended that the House of Representatives initiate amendments to Law Number 7 of 2016 and GR in Lieu of Law Number 2 of 2022. These amendments must accommodate a more specific indicator regarding vessel size, aligned with the provisions in Law Number 45 of 2009. These steps are expected to create greater legal clarity and certainty for small fishermen and provide improved guidance for all stakeholders in the maritime and fisheries sector.
Dinamika Konflik dan Penyelesaian Sengketa dalam Perjanjian Kemitraan Usaha Kuliner Desy Crisyanti; Nurlaily Nurlaily; Triana Dewi Seroja
SIGn Jurnal Hukum Vol 5 No 1: April - September 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v5i1.260

Abstract

This research examines the dynamics of conflict and dispute resolution in culinary business partnership agreements in Batam. This study combines normative and empirical research methods. Primary data collection was done through direct interviews with informants, while secondary data were obtained through a literature review of legal materials. Subsequently, the collected data were analyzed qualitatively to describe the problem and address the research purposes. The results show that the parties still commit breaches of contract within culinary business partnership agreements in Batam. For instance, in the steak franchise partnership case, the receiving partner unilaterally breached the contract with the providing partner by purchasing some of the raw materials from traditional markets. Dispute resolution in culinary business partnership agreements can occur through court and out-of-court proceedings. The T-brand cake business case is an example of dispute resolution at all court levels. Meanwhile, alternative dispute resolution is a method of resolving disputes outside the court proceedings, encompassing various methods such as negotiation, mediation, arbitration, and conciliation. Therefore, it is recommended that the involved parties in culinary business partnership agreements enhance their understanding of dispute resolution methods. Moreover, business actors must ensure they comprehend and comply with the legal provisions in their partnership agreements. In this regard, the government and business associations should play an active role in providing information and training related to dispute resolution and valid partnership agreements, as well as ensuring that fair business policies and practices are implemented in the culinary business sector in Batam.

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