SIGn Jurnal Hukum

Journal Information
ISSN / EISSN : 2685-8614 / 2685-8606
Published by: CV. Social Politic Genius (SIGn) (10.37276)
Total articles ≅ 43
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Nathania Amadea, Fatmi Utarie Nasution, Sherly Ayuna Putri
Published: 16 April 2022
SIGn Jurnal Hukum, Volume 4, pp 124-139; https://doi.org/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.
Efraint Pangondian Sinaga, Nadia Maulisa
Published: 16 April 2022
SIGn Jurnal Hukum, Volume 4, pp 72-86; https://doi.org/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.
Syarif Saddam Rivanie, Slamet Sampurno Soewondo, Nur Azisa, Muhammad Topan Abadi, Ismail Iskandar
Published: 16 April 2022
SIGn Jurnal Hukum, Volume 4, pp 113-123; https://doi.org/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.
Dian Ayu Meika Putri, Ana Silviana
Published: 16 April 2022
SIGn Jurnal Hukum, Volume 4, pp 99-112; https://doi.org/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.
Z. Zainuddin
Published: 16 April 2022
SIGn Jurnal Hukum, Volume 4, pp 46-57; https://doi.org/10.37276/sjh.v4i1.159

Abstract:
This study aims to examine and analyze the legal due diligence approach to land acquisition for the public interest. In addition, to analyze aspects of legal due diligence as a preventive effort to minimize land acquisition problems. This research was conducted using a normative juridical approach with analytical descriptive specifications. The literature study was used to obtain the legal materials needed in this research. The collected legal materials are then analyzed using a qualitative descriptive analysis method. The results show that legal due diligence of land acquisition for the public interest has several objectives: obtaining legal status or legal clarity regarding land documents; checking the validity of the right of ownership to land; checking the legal compliance of land rights owners; providing an opinion for legal certainty of a policy taken by the Government. Furthermore, legal due diligence as a preventive effort to minimize land acquisition problems include: information and data must be valid, comprehensive, and objective; the transaction must be carried out in good faith; investigation and evaluate facts on relevant land objects based on research analysis. Therefore, it is recommended that the Government implement legal due diligence of land acquisition for the public interest as a preventive effort to suppress and minimize the risk of potential legal remedies such as lawsuits that will arise in the future.
Safira Ayudiatri, Akhmad Budi Cahyono
Published: 16 April 2022
SIGn Jurnal Hukum, Volume 4, pp 30-45; https://doi.org/10.37276/sjh.v4i1.131

Abstract:
This study aims to examine and analyze the legality of granting by Singaporean citizens to Indonesian citizens before the Notary Public of Singapore on land objects located in the territory of Indonesia based on Decision No. 912/Pdt.G/2018/PA.Jmb. In addition, this study further analyzes the laws and regulations that should apply in handling grants case based on international civil law. This research was conducted using a normative juridical approach with analytical descriptive specifications. The literature study was used to obtain the legal materials needed in this research. The collected legal material is then analyzed using qualitative data analysis methods with a statute and case approach. The results show that the legality of granting the object of land wills in Indonesia from former Indonesian citizens who have become foreign citizens to Indonesian citizens based on Decision No. 912/Pdt.G/2018/PA.Jmb is invalid and void by law. This case is contrary to Article 21 section (3) of Law No. 5 of 1960 and Article 37 section (1) of Government Regulation No. 24 of 1997. Based on the concept of International Civil Law, that action can be categorized as law smuggling, namely an act committed in a foreign country and recognized as legal in that foreign country. As for immovable objects, the general principle accepted in international civil law has stated that immovable objects in their status are based on the principle of lex situs or lex rei sitae. Therefore, it is recommended that every foreign citizen who has land rights or other property rights in Indonesia must relinquish the right of ownership within one year. The granting of land rights or property rights must be made in the grant agreement before the Land Deed Official of Indonesia. Furthermore, the registration of the transfer of land rights will be carried out at the National Land Agency of the Republic of Indonesia. Thus, land rights or property rights will get guarantees, protection, and legal certainty to avoid disputes in the future.
Ginora Roma Ida Sinaga, Bambang Daru Nugroho, Fatmi Utarie Nasution
Published: 16 April 2022
SIGn Jurnal Hukum, Volume 4, pp 1-14; https://doi.org/10.37276/sjh.v4i1.128

Abstract:
This study aims to examine and analyze inheritance dispute resolution related to the position of adopted son based on Batak Toba indigenous law. This research was conducted using a normative juridical approach with analytical descriptive specifications. The data obtained were then analyzed using qualitative juridical methods. The results show that the indigenous inheritance law positions the adopted son on par with the biological son. Suppose there is an inheritance dispute between the adopted son and the biological child. In that case, the inheritance dispute resolution based on the Batak Toba indigenous law can go through three stages: family deliberation, indigenous institutions, and the courts are the final stage or step that must be chosen. Most of the Batak Toba indigenous people choose dispute resolution through indigenous institutions. In this case, the chance of failure of agreement in dispute resolution through indigenous institutions is tiny because indigenous institutions involve indigenous leaders who understand and control the Batak Toba indigenous law. Therefore, it is recommended to all Batak Toba indigenous people who are in dispute to carry out a resolution through three stages based on the Batak Toba indigenous law. In addition, it is hoped that all Batak Toba indigenous community elements will supervise the implementation of dispute resolution decisions, considering that Batak Toba indigenous people prioritize and uphold the values of kinship and peace in dispute resolution.
Sri Nosita, Syaifuddin Zuhdi
Published: 16 April 2022
SIGn Jurnal Hukum, Volume 4, pp 15-29; https://doi.org/10.37276/sjh.v4i1.132

Abstract:
This study aims to examine and analyze the effect of determining adult status in Law No. 16 of 2019 against adult status in Islamic law and positive law in Indonesia. This research was conducted using a normative juridical approach with analytical descriptive specifications. Literature study was used to obtain the legal materials needed in this research. The legal materials that have been collected are then analyzed using hermeneutic analysis and interpretation methods. The results show that determining adult status is a preventive effort from the Government to avoid discrimination or prevent the deprivation of rights for children. Therefore, it is recommended that all parents continue to provide incentive supervision to their children until their children reach adulthood. In this case, the child avoids promiscuity so that there is no marriage by accident. In addition, it is recommended to the public not to carry out forced marriages and the practice of child marriage which is part of the Indigenous Peoples Law. Furthermore, it is suggested that the Indonesian Ulema amend the KHI, and the Government subsequently enacted it in laws and regulations.
Wiredarme Wiredarme, M. Zaenul Muttaqin
Published: 16 April 2022
SIGn Jurnal Hukum, Volume 4, pp 58-71; https://doi.org/10.37276/sjh.v4i1.168

Abstract:
This study aims to analyze the regulation on challenges and strategies to minimize campaign violations of the Regional Head Election simultaneously in 2020 during the Covid-19 pandemic. The research method used is normative juridical. Data was collected using literature study techniques on primary, secondary, and tertiary legal materials. The collected legal materials were then analyzed using qualitative data analysis methods. The results show that Law No. 6 of 2020, Regulation of General Election Commission No. 5 of 2020, Regulation of General Election Commission No. 13 of 2020, and Regulation of Election Supervisory Board No. 4 of 2020 has not been able to address the various violations of the 2020 Regional Head Elections campaign during the Covid-19 pandemic. In this case, mass mobilization exceeds the amount determined based on Regulation of General Election Commission No. 13 of 2020. In addition, the massive role of political buzzers indicates that money politics is rarely absent during the Regional Head Election campaign. Therefore, it is recommended to establish special regulations for pandemic situations, including prohibiting donations or other money politics. Furthermore, the involvement of political buzzers in online media who often use anonymous accounts requires specific regulations, including account legalization, content configuration, and content narrative. In addition, the application of health protocols in the Regional Head Election campaign should be based on Law No. 6 of 2018, which contains strict sanctions for violators of health protocols. From these recommendations, it is hoped that it will minimize the campaign violations of the Regional Head Election simultaneously in the future.
Farah Hamdah Rahmawati, Syaifuddin Zuhdi
Published: 16 April 2022
SIGn Jurnal Hukum, Volume 4, pp 87-98; https://doi.org/10.37276/sjh.v4i1.167

Abstract:
This study examines and analyzes grant deed cancellation in inheritance cases based on Decision No. 0492/Pdt.G/2020/PA.Klt. 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 cancellation of grant deeds in inheritance cases is based on Decision No. 0492/Pdt.G/2020/PA.Klt consists of several of the Judge’s considerations. First, Article 211 of the Compilation of Islamic Law regulates that grants from parents to their children can be equalized with inheritance. Second, Article 832 of the Civil Code and Article 174 section (1) of the Compilation of Islamic Law regulates that those entitled to become inheritors are blood-related families. Third, Article 841 and Article 842 of the Civil Code and Article 185 section (1) of the Compilation of Islamic Law regulates the rights transferred from inheritor to substitute inheritor. In addition, the transfer of the right from someone who dies to their inheritor applies automatically because of Allah’s provisions in Q.S. An-Nisa’ verse 7. Therefore, it is recommended for the plaintiffs and defendant to file a claim for certificate cancellation in the Administrative Courts. Proportionality of inheritance distribution: the defendant gets 3/6 inheritance, and three substitute inheritors each get 1/6 inheritance. Thus, the principle of justice can be felt and implemented by and for inheritance and substitute inheritors.
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