SIGn Jurnal Hukum

Oversight Function of the Regional House of Representatives over Regional Budget Utilization in Mamuju Regency

Sudarsono Sudarsono, Muhammad Kamal, Askari Razak — Tue, 26 Nov 2024 00:00:00 +0000

This study aims to gain an in-depth understanding of how the Mamuju Regency House of Representatives carries out its oversight function and its accountability mechanisms over Regional Budget utilization in the Mamuju Regency. The study employs a normative legal research method with a statute approach. The collected legal materials are then analyzed qualitatively to describe the issues and address the research objectives. The results of this study indicate that the oversight function of the Mamuju Regency House of Representatives is an integral element of good local governance. This function is crucial in ensuring the accountability and transparency of Regional Budget utilization as a vital instrument for regional development. The optimization of the Mamuju Regency House of Representatives’s oversight function, including the exercise of the rights of interpellation, inquiry, and expressing opinions, is a determining factor in preventing corruption and guaranteeing the effectiveness of Regional Budget utilization. The accountability mechanisms for Regional Budget management encompass coherent and systematic stages, including the democratic and participatory formulation and enactment of the Regional Budget, the closely monitored implementation by the Mamuju Regency House of Representatives, and the submission of accountability reports and audit reports that present comprehensive evaluations. Therefore, it is recommended that the supporting elements of the Mamuju Regency House of Representatives enhance synergy and coordination in carrying out the oversight function. The Audit Board is expected to improve the quality of audits and expand the scope of audits over Regional Budget utilization. The Regency Government should enhance transparency and accountability in Regional Budget management. Public participation in overseeing Regional Budget utilization must also be enhanced through various mechanisms that facilitate public engagement.

Judicial Review of Pretrial Rulings: A Critical Analysis of Their Authority and Influence

Sahat Simamora, Zainal Abidin Pakpahan, Toni Toni — Thu, 28 Nov 2024 00:00:00 +0000

This study aims to analyze the legal authority related to filing for Judicial Review against Pretrial Rulings and its implications for the enforcement of justice in Indonesia. The study employs a normative legal research method with a statute approach. The collected legal materials are then analyzed qualitatively to describe the issues and address the research objectives. The research findings indicate that the authority to file for Judicial Review against Pretrial Rulings is a complex legal issue. Although Law Number 8 of 1981 does not explicitly provide for it, there are legal grounds that allow for such Judicial Review to be pursued. Suspects, Legal Advisor, and Prosecutors are the legal subjects authorized to file for Judicial Review. However, implementing Judicial Review against Pretrial Rulings still faces several challenges, particularly concerning public understanding and accessibility to the justice system. The Decision of Judicial Review on Pretrial Rulings has broad implications, not only affecting the fate of the individuals involved in the case but also contributing significantly to the protection of human rights, legal certainty, and improving the quality of law enforcement in Indonesia. The Supreme Court has a crucial role in providing clear and comprehensive guidelines regarding the technical implementation of Judicial Review against Pretrial Rulings, whether through the issuance of jurisprudence, a Circular of the Supreme Court, or reform of criminal procedural law. Reforming the procedure for filing for Judicial Review, which includes simplifying the procedure, intensifying public awareness campaigns, and optimizing the role of legal aid institutions, becomes crucial in enhancing access to justice and the protection of human rights.

Investigative Effectiveness in the Digital Era: A Case Study of Technological Innovation at the Rokan Hilir Police Resort

Rikky Pranata Sihombing, Kusno Kusno, Ahmad Ansyari Siregar — Sun, 01 Dec 2024 00:00:00 +0000

This study aims to analyze the extent to which implemented technological innovations enhance investigative effectiveness and identify the supporting factors and obstacles to technology adoption at the Rokan Hilir Police Resort. To achieve these objectives, this study employs a mixed-methods approach combining field research and normative legal analysis, where the collected data is analyzed qualitatively to describe the issues and address the research objectives. The findings indicate that technology implementation at the Rokan Hilir Police Resort positively impacts investigative effectiveness, particularly in terms of speed and efficiency, accountability and transparency, and inter-unit coordination. Furthermore, technology plays a crucial role in evidence management, improving data accuracy, and handling complex cases, as demonstrated in the digital theft case study. The application of investigative technology at the Rokan Hilir Police Resort aligns with the relevant legal framework in Indonesia. However, technology implementation still faces challenges such as budget limitations, lack of technological skills, and resistance to change. Nevertheless, this study finds that technological innovation at the Rokan Hilir Police Resort has contributed to increasing public trust in the police institution, suggesting that the modernization of investigations through technology adoption is a strategic step that needs continuous support and optimization.

Restorative Justice and Living Law Based on Dayak Ngaju Adat Law: A Comprehensive Analysis

Filpan Fajar Dermawan Laia — Tue, 03 Dec 2024 16:08:41 +0000

This article aims to explain the importance of the restorative justice concept in Indonesia. It analyses the implementation of this concept under the Indonesian criminal procedural law and the Dayak Ngaju Adat Law. The following analysis gathers legal doctrines concerning restorative justice, the Indonesian criminal procedural code concerning prosecution, and the Dayak Ngaju Adat Law cases. From the first discussion of this article, it can be understood that restorative justice is a concept that upholds reparation and a win-win solution for the victim and the offender. This concept is constituted under Article 139 of Law Number 8 of 1981 and the Attorney General Regulation Number 15 of 2020. The second discussion indicates that this practice is also well recognized under the Dayak Ngaju Adat Law. This Indigenous community implements the Tumbang Anoi Peace Agreement, an adat law that upholds the reparation concept and the win-win solution in solving criminal issues. Last but not least, from the third discussion, this article arrives at a recommendation where restorative justice shall be preserved and enhanced under both the Indonesian positive law and the living law. This is because restorative justice is in line with the Pancasila or the Indonesian five principles which are the main sources of the Indonesian law.

Social Security and Compensation: Analyzing the Protection of Fixed-Term Employment Contract Workers under the Omnibus Law on Job Creation

Ayu Anggi Deviona, Sriono Sriono, Nimrot Siahaan — Thu, 05 Dec 2024 00:00:00 +0000

This study aims to analyze the legal protection afforded to fixed-term employment contract workers under Law Number 6 of 2023, which introduces significant changes to the legal framework governing fixed-term employment in Indonesia. Focusing on working conditions and compensation, this research employs a normative legal research method with a statute approach and utilizes qualitative analysis with a content analysis approach. The findings reveal that Law Number 6 of 2023 establishes a new paradigm in protecting fixed-term employment contract workers by affirming their right to wages during probationary periods, providing flexibility in contract renewals, and regulating the provision of compensation. However, implementing this Omnibus Law also presents new dynamics and challenges, such as the potential for job insecurity due to excessive flexibility in contract extensions. A case simulation further exposes the gap between legal norms and the reality on the ground, where some companies still neglect their obligation to compensate fixed-term employment contract workers. These findings underscore the urgent need for commitment and active participation from all stakeholders, including the government, companies, and workers, in realizing harmonious, productive, and equitable industrial relations.

Legal Consequences for Debt Collectors Exceeding Their Authority: A Case Study of PT Mega Central Finance Bagan Batu

Dea Anggrayni, Sriono Sriono, Nimrot Siahaan — Sat, 07 Dec 2024 22:12:08 +0000

This study aims to analyze the authority of debt collectors from a civil law perspective, focusing on a case study of PT Mega Central Finance Bagan Batu. To achieve this objective, this study employs a mixed method of field research and normative legal research, where the collected data is analyzed qualitatively to describe the problems and answer the research objectives. The results show that the problem of bad credit encourages financing companies to use debt collectors’ services to optimize the collection process. Meanwhile, debt collectors must have competency certification and act based on an extraordinary power of attorney from the financing company, as regulated in Financial Services Authority Regulation Number 35/POJK.05/2018 and Article 1795 of the Civil Code. Despite having compiled a standard operating procedure for collection, PT Mega Central Finance Bagan Batu still encounters deviant debt collector practices that harm debtors, such as intimidation, threats, and seizure of collateral without legal procedures. These actions violate the rights of debtors and legal principles. The legal consequences and implications cover criminal law, civil law, consumer protection law, and administrative sanctions from the Financial Services Authority.

Reformation of Cannabis Legalization Policy for Medical Purposes: A Criminal Law Perspective

Dewi Ayu Lestari — Thu, 12 Dec 2024 00:00:00 +0000

This research examines the imperative for reforming cannabis legalization policies in Indonesia, specifically for medical purposes, from both juridical and criminal law perspectives. Employing a normative legal research methodology with a tripartite approach encompassing statutory analysis, comparative jurisprudence, and case study examination, this study critically analyzes the current legal framework governing cannabis in Indonesia and its juxtaposition with international trends. Findings reveal that while medical cannabis legalization is gaining momentum globally, demonstrating positive impacts on patient health, public health, and economic development, Indonesia’s regulatory approach remains mired in ambiguity and inconsistency. This dissonance stems from a conflict between the restrictive provisions of Law Number 35 of 2009 and the growing body of scientific evidence supporting the therapeutic potential of cannabis in treating various conditions, including autism spectrum disorder, epilepsy, Tourette syndrome, and multiple sclerosis. This research argues for a more humane and progressive policy framework that aligns with scientific advancements and prioritizes public health. It proposes two primary pathways for reform: judicial review challenging the constitutionality of existing prohibitive legislation and legislative amendments to Law Number 35 of 2009. Crucially, any reform effort must be grounded in rigorous scientific evidence and accompanied by the development of comprehensive regulatory protocols and public education campaigns to ensure the safe and responsible use of medical cannabis. This research critically analyses the legal and policy landscape surrounding medical cannabis in Indonesia, offering evidence-based recommendations to guide policymakers towards a more just and effective regulatory framework.

Palm Oil Smallholders in Peril: Indonesia Urgency in Aiding Smallholders to Compete Fairly in their Playing Field

Oktavani Yenny, Putu George Matthew Simbolon — Thu, 12 Dec 2024 00:00:00 +0000

This research is conducted to express the urgency for the Government of Indonesia to adopt a regulation concerning the protection of palm oil smallholders. Such adoption is necessary since the partnership agreement between this minor group with the non-plantation enterprise is ineffective due to the conflicting interests between the Minister of Agriculture and the Minister of Industry. To achieve this purpose, this article is written based on doctrinal research by gathering rules under the MSMEs Law, the Competition Law, the Capital Investment Law, the Job Creation Law, and the SCM Agreement. This article is also supported by the justice fairness theory by Rawls. The first discussion of this article discusses the urgency to adopt this government regulation based on the MSMEs Law and the Competition Law which is to enforce the partnership agreement. Furthermore, the second discussion analyzes the Capital Investment Law and the Job Creation Law so that this aspired law shall balance the rights and obligations of the smallholders and the non-plantation enterprise. Last but not least, the third discussion discusses what to anticipate according to the WTO rules on subsidies. In the aftermath, this article suggested next research discussing the distribution of authorities between the MOA and the MOI.

Disparity in the Charges of Customs Crimes: A Study of Decision Number 42/Pid.B/2024/PN Rhl and Decision Number 43/Pid.B/2024/PN Rhl

Ricki Hardiansyah, Muhammad Yusuf Siregar, Wahyu Simon Tampubolon — Sun, 15 Dec 2024 00:00:00 +0000

This research aims to analyze the disparity in the charges of customs crimes in a case study of Decision Number 42/Pid.B/2024/PN Rhl and Decision Number 43/Pid.B/2024/PN Rhl. This normative legal research employs a tripartite approach, encompassing a statute approach, a comparative approach, and a case study approach. Data analysis uses a qualitative content analysis approach to describe the problems and address the research objectives. The research results indicate a significant disparity in the charges between the two decisions, while both defendants were proven to have jointly committed acts that fulfil the elements of a criminal offence as regulated and punishable under Article 102 point an of Law Number 17 of 2006 Juncto Article 55 section (1) of the Penal Code. Conversely, the Public Prosecutor presented substantially different charges: two years imprisonment for one defendant and four years for the other defendant. This disparity in the charges, which reached twice as much, raises serious issues regarding proportionality and fairness, violates the principle of equality before the law, negatively impacts legal certainty (rechtszekerheid), which in turn can erode public trust in the judicial system and hinder fair law enforcement. To mitigate the disparity in the charges, comprehensive and systemic efforts are needed, including the establishment of detailed and structured sentencing guidelines, increasing the capacity and professionalism of Public Prosecutors, strengthening oversight and evaluation mechanisms of the Public Prosecutor’s performance, and implementing an effective case management system to identify potential disparities early on.

Debt Bondage: An Analysis of Decision Number 612/Pid.B/2023/PN Rhl Concerning Crimes against Personal Freedom

Syahid Al Khoiri, Zainal Abidin Pakpahan, Toni Toni — Sun, 15 Dec 2024 00:00:00 +0000

This research aims to analyze Decision Number 612/Pid.B/2023/PN Rhl concerning the crime of kidnapping as a crime against personal freedom motivated by debt issues. This normative legal research employs a statute approach and a case study. Data analysis uses a qualitative content analysis to describe the issues and answer the research objectives. The research results indicate that Decision Number 612/Pid.B/2023/PN Rhl explicitly criminalizes acts of deprivation of liberty committed to resolving debt problems. The Panel of Judges’ considerations highlight the psychological impact of trauma on the victim as an aggravating factor, while the Defendants’ remorse and attempts at reconciliation serve as mitigating factors. Nevertheless, this act of kidnapping remains an ordinary offence whose legal process cannot be overridden by agreements between the parties. The implications of this decision provide a comprehensive understanding of the boundaries that must not be violated in debt collection. Thus, Decision Number 612/Pid.B/2023/PN Rhl contributes to creating a just and equitable legal climate and provides guaranteed protection of human rights in the context of debt collection.

The Right to Equitable Access to Higher Education: An Analysis Based on the Philosophy of Pancasila

Rahmad Lubis, Desi Purnama, Heri Sulaiman — Mon, 23 Dec 2024 00:00:00 +0000

This research aims to comprehensively analyze citizens’ right to equitable access to higher education in Indonesia based on Pancasila’s philosophy. Employing a normative legal research methodology, this study examines the issue through statute and conceptual approaches. Data were analyzed using qualitative content analysis techniques to describe and address the research problem in depth. The findings indicate that equitable access to higher education is a constitutional right of every Indonesian citizen guaranteed by Pancasila and the 1945 Constitution. As an embodiment of the welfare state principle, the state is obliged to create a just, equitable, quality, and affordable higher education system for all levels of society. It requires affirmative regulations, innovative and equitable financing schemes, and a reliable quality assurance system. Higher education must be seen as a strategic instrument to break the cycle of structural poverty, enhance social mobility, and realize distributive justice by prioritizing the principle of social solidarity. Therefore, the projection towards free higher education, especially in state universities, is a strategic step that needs to be realized gradually and sustainably, supported by progressive tax system reform, increased allocation of education budgets, and optimization of alternative funding sources, as a form of progressive interpretation of Article 31 section (1) of the 1945 Constitution.

The Legal Consequence of Fingerprint Forgery Substitute for Signature in Authentic Deed

Mon, 23 Dec 2024 00:00:00 +0000

This research aims to comprehensively examine the juridical implications of fingerprint forgery as a substitute for signatures in authentic deeds and analyze the judicial considerations in handling such cases, using Decision Number 87/Pdt.G/2014/PN.Kpn as a case study. This normative legal research utilizes a statutory approach and a case study approach. Data analysis employs a qualitative content analysis to describe the problem and answer the research objectives. The results show that fingerprint forgery in authentic deeds has multidimensional legal consequences, covering civil, criminal, and administrative law aspects. In civil law, such a deed has the potential to be null and void due to a defect in the element of consensus, which results in the invalidity of the transfer of rights. From a criminal law perspective, this act constitutes the crime of document forgery. Meanwhile, notary publics or land deed officials involved or who are negligent may be subject to administrative sanctions. The analysis of Decision Number 87/Pdt.G/2014/PN.Kpn shows that the judicial considerations were based on the principles of legal certainty, justice, and benefit while emphasizing the importance of due diligence, integrity, and professionalism, especially for Land Deed Officials in carrying out their duties and functions to ensure the validity and authenticity of authentic deeds.

Professionalism and Medical Liability of Physician: Patient Protection and Civil Remedies

Muhammad Kamran, Syahrul Syahrul — Fri, 27 Dec 2024 00:00:00 +0000

This study aims to analyze physician professionalism and medical liability within the framework of civil law, particularly concerning patient protection and available legal remedies. Employing a normative legal research method and a statutory approach, this study examines relevant legal norms, primarily those contained in Law Number 8 of 1999, the Civil Code, and Law Number 17 of 2023. The data were analyzed prescriptively, not only to explain the prevailing law (das Sein) but also to formulate how the law should be applied or developed (das Sollen) in order to provide optimal legal protection for patients. The results indicate that physician professionalism, encompassing technical competence, moral integrity, and adherence to professional standards and medical ethics, is the basis for realizing quality and equitable healthcare services. Medical liability, which includes civil and criminal legal liability and ethical and moral responsibility, constitutes an important framework for establishing a balanced contractual relationship between physicians and patients. In medical malpractice, civil law instruments, specifically lawsuits based on breach of contract, tort, and negligence, provide avenues for patients to claim compensation for losses suffered and out-of-court dispute resolution mechanisms that need to be further encouraged.

The Role of the North Sumatra Regional Police in Combating Pornography in the Digital Era: A Criminal Psychology Perspective

Sapani Martua Rambe, Risdalina Risdalina, Indra Kumalasari — Fri, 27 Dec 2024 00:00:00 +0000

This research aims to examine the role of the North Sumatra Regional Police in combating cyber-pornography offenses in the digital era from a criminal psychology perspective. Field research and normative juridical methods were employed to collect primary and secondary data. Primary data were obtained through in-depth interviews, while secondary data were gathered through a literature review. The data were analyzed using a descriptive qualitative approach. The results indicate that cyber-pornography offenses in North Sumatra are a complex phenomenon with diverse modus operandi. The North Sumatra Regional Police has implemented comprehensive strategies, including strengthening investigator capacity, utilizing digital forensic technology, educating the public, and collaborating with internet service providers. However, challenges remain, such as substantiating digital evidence, navigating cross-border jurisdiction, and keeping pace with rapid technological advancements. In conclusion, synergy among stakeholders and public participation are crucial. Continuous evaluation and refinement of strategies are necessary to address the ever-evolving dynamics of cybercrime, considering the factors that influence criminal behavior in the digital realm.

Implications of Constitutional Court Decision Number 85/PUU-XX/2022 for the Dispute Resolution of Regional Head Election Results

Farah Syah Rezah, Andi Tenri Sapada — Fri, 27 Dec 2024 00:00:00 +0000

This study aims to analyze the juridical implications of Decision Number 85/PUU-XX/2022 for the dispute resolution of Regional Head Election results in Indonesia and examine the position and authority of the Constitutional Court following the decision. This research employs a normative legal research method with statutory and conceptual approaches. The analytical techniques used are qualitative-descriptive and interpretative analysis techniques to examine and interpret legislation, Constitutional Court decisions, and relevant legal literature. The results show that Decision Number 85/PUU-XX/2022 has re-established the Constitutional Court’s permanent authority to adjudicate disputes over Regional Head Election results, previously annulled through Decision Number 97/PUU-XI/2013. Decision Number 85/PUU-XX/2022 is based on a constitutional interpretation that there is no distinction between the General Elections regime and the Regional Head Election regime within the framework of the 1945 Constitution. The juridical implication of this decision is the establishment of legal certainty regarding the institution authorized to resolve disputes over Regional Head Election results, namely the Constitutional Court, with definitive authority that is no longer ad hoc. In addition, this decision can potentially increase the effectiveness of the dispute resolution of Regional Head Election results and strengthen the electoral democratic system at the local level. To strengthen the position and ensure the continuity of the Constitutional Court’s authority, it is recommended to amend Law Number 48 of 2009, Law Number 10 of 2016, and the 1945 Constitution to explicitly mention the Constitutional Court’s authority in adjudicating disputes over Regional Head Election results.