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Sinergi International Journal of Law
Published by YAYASAN SINERGI KAWULA MUDA
ISSN : -     EISSN : 30217989     DOI : https://doi.org/10.61194/law
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Sinergi International Journal of Law with ISSN Number 3021-7989 (Online) published by Yayasan Sinergi Kawula Muda, published original scholarly papers across the whole spectrum of law. The journal attempts to assist in the understanding of the present and potential ability of law to aid in the recording and interpretation of international law practices.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 70 Documents
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Analysis of Evidence of Witchcraft Crimes Based on the New Indonesian Criminal Code Jeremia Hutagalung; Setiadi, Edi; Yanto, Oksidelfa
Sinergi International Journal of Law Vol. 3 No. 3 (2025): August 2025
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v3i3.798

Abstract

The pluralistic life of beliefs about spiritual matters in Indonesia is very thick and sensitive, especially the occurrence of criminal acts that are beyond common sense or cannot be proven by scientific criminal investigations, namely criminal acts of black magic perpetrators or victims of black magic which result in violations of human rights (HAM). Belief in religion which is a source of morality and spirituality which is considered as part of a tradition that has never been abandoned by Indonesian society with situations and conditions of high spiritual values makes Indonesian people's belief in God and spirits that live around humans or those that smell mystical or black magic not uncommon in every region with their respective cultural characteristics, for example human rights violations in Banyumas Regency, namely the massacre allegedly carried out by black magic perpetrators with 250 victims. With this belief, it is not uncommon for people in some areas to have or even have the ability to see supernatural things or study black magic, for their own interests. So the question arises as a problem identification, namely 1. How are efforts to prove the crime of black magic according to Law Number 1 of 2023 concerning the Criminal Code? 2. How can the elements of black magic be called a criminal act based on Law Number 1 of 2023 concerning the Criminal Code? The research method used by the author is the normative legal approach method. The normative legal approach is a legal research conducted by examining library materials or secondary data as a basis for research by tracing laws and regulations and literature related to the problems studied by the author.
Status of Nullity by Law the Agreement Due to Standard Clauses in the Consumer Protection Law Sibagariang, Rudini; Yanto, Oksidelfa; Runaeni, Neni
Sinergi International Journal of Law Vol. 3 No. 4 (2025): November 2025
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v3i4.803

Abstract

Current legal issues greatly affect several aspects in the field of business law which often not infrequently end in civil lawsuits in court, although it has been clearly regulated in the Consumer Protection Law regarding several things that may be agreed upon in a contract, however, business actors often also ignore the rules that are prohibited from being made in the agreement, such as applying standard clauses which in the legal norms of the standard clauses in the Consumer Protection Law such things are not permitted, so that the situation becomes null and void, which in which such a situation can harm not only consumers but can also have an impact on the business actors themselves, in daily practice of course such things must be a serious concern not only in the field of business or business but in all aspects related to the law, especially those agreed upon in an agreement, because an agreement requires several provisions that cannot be simply ignored, although sometimes it seems that the existing agreement arises from existing problems, not actually prepared before a dispute occurs, because apart from the agreement being prepared to minimize more complicated disputes, it is also expected that there is good ethics in the implementation and obedience to follow what is it has been agreed that both individual subjects and legal entities such as companies are parties to an agreement.
Legal Protection for Cessie Deed Holders in Indonesia: An Analysis of Court Execution in Case Number 1/Pdt.Eks/2022/PA.Bgl at the Bangil Religious Court Barawaja; Yusdiansyah, Efik; Santoso, Bambang
Sinergi International Journal of Law Vol. 3 No. 4 (2025): November 2025
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v3i4.807

Abstract

A credit contract serves as an initial framework for the redistribution of financial resources between a lending party and a borrowing party. When the borrower fails to fulfill the obligations stipulated within the credit arrangement, a transfer of receivables commonly known as a cession is carried out, wherein the original debtor transfers their obligations to a successor debtor. This is subsequently followed by a formal amendment of the registered ownership title at the Land Office, particularly for the property used as collateral. Several years after the certificate was changed, a dispute lawsuit arose in Court without involving the new Debtor holding the cession deed who had controlled and changed the name on the certificate as a party. In accordance with Execution Decision Number 1/Pdt.Eks/2022/PA.Bgl, the Bangil Religious Court enforced the seizure and auction of the property that had been pledged as collateral by the assignee, reflecting the court’s authority to enforce judgments involving transferred debts. This research adopts a normative legal methodology, primarily due to the absence of comprehensive legal provisions governing the transfer of property rights via cession, particularly as they are not explicitly regulated under Article 37 of Government Regulation No. 24 of 1997 concerning Land Registration. The research applies both a conceptual framework and a case-study method, enabling an analysis that bridges theoretical understanding with practical application. This study investigates the process of title change at the Land Office following the execution of a deed of cession. The analysis seeks to evaluate the procedural legitimacy and legal safeguards available to the new rights holder, particularly in cases where the cession is not acknowledged in execution proceedings by the Religious Court.
Reconstructing Legal Responsibility for Digital Signatures: A Socio-Semiotic Perspective in Indonesian Cyber Law Kadriah, Ayyub; Hasibuan, Faizie Yusuf; Suganda, Atma
Sinergi International Journal of Law Vol. 3 No. 4 (2025): November 2025
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v3i4.813

Abstract

Digital signatures play a vital role in facilitating electronic legal transactions. Despite being regulated by various Indonesian laws, their effective implementation remains limited due to gaps in legal culture, institutional readiness, and technical validation. This study addresses two core questions: (1) How is the legal basis for digital signature protection situated within Indonesia’s digital legal culture? and (2) How can a fair legal accountability model be developed? The study offers a novel interdisciplinary perspective by combining legal protection theory, social change theory, legal responsibility theory, and legal semiotics. It frames digital signatures as legal symbols whose meaning has yet to be fully internalized by legal institutions and society. Using a normative-critical and qualitative approach, the study gathers insights from legal practitioners, regulators, academics, and digital signature users through semi-structured interviews. The data are thematically analyzed to identify institutional gaps and social perceptions. Findings indicate that digital signature protection in Indonesia remains overly formalistic. In judicial practice, they are not consistently accepted as legitimate legal evidence. Moreover, there is no strong accountability framework for misuse or digital identity fraud. The study concludes that digital signature protection must go beyond statutory recognition. It requires building legal meaning within society through increased public awareness, technological integration, and institutional reform. The state must develop an inclusive, adaptive framework that unites law, technology, and legal culture to ensure justice and trust in digital legal interactions.
The Implementation of The Restorative Justice System in the New Indonesian Criminal Law Imanuddin, Iman; Darusman, Yoyon Mulyana; Yanto, Oksidelfa
Sinergi International Journal of Law Vol. 3 No. 4 (2025): November 2025
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v3i4.836

Abstract

The regulations of Indonesian criminal law are inherited from Dutch colonial legislation that was incorporated into the Indonesian national legal framework through Article 2 of the transitional provisions of the 1945 Constitution, than officially was established in Law no. 1 of 1945 pertaining to Criminal Law after the independence proclamation. When it was established, the Indonesian penal system was a criminal law intended to offer a punishment and generate a deterrent effect on offenders of criminal activities. As time progresses, with swift societal changes and advancements in information technology, there is a public inclination towards adopting a criminal law system focused on retribution and creating a deterrent effect on offenders that could contemplate utilizing a diversion or restorative justice model. This study employs a socio-legal method utilizing secondary data by analyzing all laws and regulations pertinent to the research. The findings of this study indicate that the government, in reference to Law No. 1 of 2023 on New Criminal Law, has aimed to align with community expectations by releasing policies in the form of regulations from multiple law enforcement bodies to facilitate diversion or restorative justice.
Dual Residency and the OECD Model Tax Convention: A Normative Analysis of Tie-Breaker Rules in the Indonesian Legal Context Silalahi, Heriantonius; Han, Steven
Sinergi International Journal of Law Vol. 3 No. 4 (2025): November 2025
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v3i4.860

Abstract

The rapid digitalization of the global economy and the increasing cross-border mobility of individuals have challenged the effectiveness of traditional residency-based taxation systems. For Indonesia, which relies heavily on domestic revenue, these developments create legal and fiscal tensions between safeguarding its tax base and adhering to international standards. This study addresses a significant research gap in the normative analysis of how OECD Model Tax Convention tie-breaker rules are applied within the Indonesian legal framework to resolve dual residency situations, particularly involving migrant workers and digital nomads. Using a doctrinal legal research approach, the study systematically examines Indonesia’s regulatory framework at three levels: (i) substantive norms under the Income Tax Law, (ii) administrative instruments such as PMK 18/PMK.03/2021, and (iii) technical guidelines such as SE-52/PJ/2021. These are then compared with the residency and tie-breaker provisions of the OECD Model Tax Convention to assess their coherence and effectiveness in providing legal certainty. The findings reveal significant gaps between Indonesia’s domestic regulations and international standards, particularly regarding the interpretation and implementation of tie-breaker rules. These gaps increase the risk of double taxation, double non-taxation, and tax base erosion in dual residency cases. Theoretically, this study enriches the literature by contextualizing the relevance of tie-breaker rules in the era of global mobility and digitalization. Practically, it offers policy recommendations for harmonizing domestic regulations with international instruments, strengthening treaty clauses, and enhancing administrative capacity to better protect Indonesia’s fiscal interests.
Risks of Increased Defensive Medicine Due to the Medical World Digitalization and the Legal Implications Based on Indonesian Health Laws Ginting, James Davidta; Yanto, Oksidelfa; Suminar, Sri Ratna
Sinergi International Journal of Law Vol. 4 No. 1 (2026): February 2026
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v4i1.809

Abstract

Digitalization in the healthcare sector, such as electronic medical records (EMR), has opened new horizons in the storage and management of patient medical records. This may also trigger an increase in defensive medicine practice, namely providing more careful medical treatment just to avoid potential lawsuits even though it is not always mesdically necessary. This research aims to study the risk of increased defensive medicine from the digitalization of medical records and the legal implications that arise and evaluate the extent to which legal regulations in Law Number 17 of the Year 2023 concerning Health in addressing defensive medicine practices. The method used is juridical analysis using a literature study approach that examines various legal literature, statutory regulations, and previous research related to digitalization in the medical world and the legal responsibilities of medical personnel. According to the results of this research, it was found that although digitalization can increase the efficiency of health services, it also risks exacerbating the practice of defensive medicine in Indonesia. Existing legal regulations are not yet responsive enough to overcome this challenge, especially in balancing the protection of the rights of both patients and medical personnel.
Legal Certainty in Resolving Medical Malpractice Issue in Indonesia: A Review of the 2023 Health Law Purwanto, Agus; Yusdiansyah, Efik; Kurrohman, Taufik; Ginting, James Davidta
Sinergi International Journal of Law Vol. 4 No. 1 (2026): February 2026
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v4i1.810

Abstract

Medical malpractice disputes can occur in health services, treatments, actions, and care when patients feel disadvantaged or do not get the results they expected. It often arises when there are patients who are sick or unhealthy, then receive medical/medical actions that cause their illness to not heal or even become sicker or can also cause disability to the patient and even death or death. Medical malpractice disputes are disputes about bad practices, namely doing what should not be done or not doing what should be done. This incident often occurs in health services, both in hospitals, health centers, clinics, and even in independent practice places that end up in court. The purpose of the study is to understand and analyze the implementation of health law in Indonesia in resolving medical malpractice disputes with a legal certainty approach based on Law Number 17 of 2023 in conjunction with Government Regulation Number 20 of 2024, to understand, analyze, and seek proposals on what government policy should be in regulating the settlement of medical malpractice. The research method used is descriptive analysis with a normative legal approach through library and field research with data collection techniques through literature studies. Results of the study show that the policies contained in Law Number 17 Year 2023 still lack clarity because the law has yet to establish a precise and authoritative definition of medical malpractice which results in there being no legal certainty.
Legal Protection Against the Transfer of Fiducia Rights in the Takeover of Creditors Suwarno, Ernawati; Suriaatmadja, Toto Tohir; Kurrohman, Taufik
Sinergi International Journal of Law Vol. 4 No. 1 (2026): February 2026
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v4i1.811

Abstract

Fiduciary security is a form of collateral over property or material security over movable objects, both tangible and intangible, which remain in the control of the fiduciary. This means that the pledged object is not physically handed over to the beneficiary, but the security right over it is recorded through a deed and registered at the fiduciary registration office. The construction of a fiduciary guarantee is the transfer of property rights in trust, over the debtor's property or movable goods to the creditor with physical control over the goods remaining with the debtor. Provided that if the debtor repays the debt in accordance with the stipulated time, the creditor is obliged to return the title to the property or goods to the debtor. In the repertoire of legal science, the transfer of property like this is called "Constitutum Possessorium." With the aim of knowing the legal protection of the transfer of fiduciary rights in law number 42 of 1999 concerning fiduciary guarantees and knowing the legal certainty in the takeover of creditors. This research method uses the foundation of the answer to the formulation of the problem is to use the main basis of the approach of legislation (Statue Approach) and conceptual approach (conceptual approach). The results of this study can be formulated that in the transfer of fiduciary rights in terms of the fiduciary law there is no mention of the fiduciary transfer process, while in the takeover of creditors it is mentioned in the limited liability company law that debts and shares in the form of assets all switch.
Legal Implications of the P5 Veto Power on the Enforcement of ICJ Judgments and its Impact on the Credibility of the UN Security Council Aidonojie, Paul Atagamen; Ismiala, Hassan Adebowale; Antai, Godswill Owoche; Ekpenisi, Collins; Obieshi , Eregbuonye
Sinergi International Journal of Law Vol. 4 No. 1 (2026): February 2026
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v4i1.916

Abstract

The formation of the United Nations and its organs is meant to steer global community affairs. Hence, the International Court of Justice (ICJ), as one of the UN organs, has been positioned to address conflicts between states. Although the enforcement of its judgment depends mainly on the UN Security Council, which has often been constrained by the P5 Veto Power. Hence, this study examines the legal implications and impact of the P5 Veto power in the enforcement of the ICJ Judgement. The study adopts a doctrinal method of study by utilising the PRISMA Guide to systematically search, evaluate and assess primary and secondary sources of research materials. Hence, several international laws and case law were relied on. Also, 48 scientific peer-reviewed secondary sources were relied on. Results indicate that enforcement outcomes are shaped less by legal obligation than by P5 political alignment, producing recurrent compliance deficits. The study therefore concludes that the P5 Veto Power generate significant legal impact and consequences in circumventing the enforcement of the ICJ Judgement. The study recommends amending the UN Charter to limit the power of the P5 in the enforcement of the ICJ Judgement. In the alternative, there should be regional cooperation in recognising and implementing the ICJ Judgement. This research is a breakthrough in the sense that it associates the P5 veto with the systematic obstruction of ICJ judgment enforcement and not with the general UN decision-making. It additionally illustrates the obstruction's impact on the Security Council's credibility in its role as the international justice custodian.

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