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Analisis Yuridis Penanganan Pasien Gawat Darurat di Rumah Sakit Kurnia Cilegon Berdasarkan Undang-Undang Kesehatan Wawan Ari Kuncoro; Agus Ariadi
Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara Vol. 2 No. 2 (2026): Mei
Publisher : Sekolah Tinggi Ilmu Syariah Wal Aqidah Ash-Shofa Manonjaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64367/dialoglegal.v2i2.167

Emergency services in the Emergency Installation must prioritize the safety of patients' lives over administrative or financing interests. The birth of Law Number 17 of 2023 concerning Health has further strengthened the doctrine of anti-dumping or the prohibition of refusal of patients in health facilities. However, in today's society, there is a strong misconception that the restriction of emergency handling claims is a unilateral regulation issued by the Health Social Security Organizing Agency. This study aims to analyze the conformity of the Triage Operational Procedure Standard at Kurnia Cilegon Hospital with Law No. 17 of 2023 and to straighten out the juridical understanding of the origins of the emergency criteria regulation. The research method used is normative juridical with a statute approach through the analysis of legal documents. The results showed that the Standard Patient Triage Operating Procedures at Kurnia Cilegon Hospital has clinically adopted the Australasian Triage Scale. The main obstacle to the implementation of this rule stems from the disparity in the regulation of emergency criteria set by the Ministry with the absolute norm of life protection in the Health Law, the limitation of medical facilities, and the hospital's anxiety about the risk of unclaimed medical service costs. The public's lack of understanding regarding the restriction of emergency criteria accused of the Health Social Security Administration Agency needs to be straightened out, because the Health Social Security Administration Agency acts as the implementing agency for operational guarantees that comply with the regulatory order of the Ministry of Health.

Penerapan Restorative Justice Terhadap Tindak Pidana Pencemaran Nama Baik Pada Laman Whatsapp di Kampung Tebaci Jakarta Barat Vanya Ayu Andini; Agus Ariadi
Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara Vol. 2 No. 2 (2026): Mei
Publisher : Sekolah Tinggi Ilmu Syariah Wal Aqidah Ash-Shofa Manonjaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64367/dialoglegal.v2i2.186

This research is motivated by the rampant defamation in cyberspace along with the massive use of Whatsapp, especially in Kampung Tebaci, West Jakarta. The purpose of this study is to analyze regulations and identify obstacles and challenges in the implementation of Restorative Justice to defamation cases through Whatsapp in Tebaci Village. The research method used is empirical juridical with a sociological juridical approach, through in-depth interviews and literature studies. The legal basis used in the implementation of Restorative Justice includes the provisions of the new Criminal Code, the new ITE Law, Police Regulation Number 8 of 2021, and the Constitutional Court Decision Number 105/PUU-XXII/2024. The findings of this study show that the Restorative Justice approach is more suitable to be applied to complaints based on social relations because the main goal is not punishment, but the restoration of social relations that focuses on dialogue, mediation, and peace. In its implementation, it involves the Neighborhood Unit, Neighborhood Unit, National Police Headquarters, TNI Binmas, perpetrators, victims, families of perpetrators and victims until a peace agreement is reached. Meanwhile, the implementation of Restorative Justice in Tebaci Village still experiences obstacles and challenges, such as the egos of the disputing parties, dense settlement conditions, and the absence of technical guidelines for penal mediation in densely populated areas. Therefore, specific regulations, digital conflict mediation training for community institutions in Tebaci Village are needed, and improving people's digital literacy.

Penegakan Hukum Tindak Pidana Cybercrime Berdasarkan Undang-Undang ITE di Polres Empat Lawang Abdu Rozan Anugerah Pratama; Agus Ariadi
Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara Vol. 2 No. 2 (2026): Mei
Publisher : Sekolah Tinggi Ilmu Syariah Wal Aqidah Ash-Shofa Manonjaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64367/dialoglegal.v2i2.190

The development of information and communication technology has significantly contributed to the increase of digital-based crimes or cybercrime in Indonesia. cybercrime has evolved into various forms, including online fraud, personal data theft, hacking, dissemination of false information, and misuse of electronic media that cause losses to society. This research aims to determine the effectiveness of law enforcement against cybercrime from the perspective of the Electronic Information and Transactions Law within the jurisdiction of Empat Lawang Regional Police, South Sumatra Province, and to analyze the inhibiting factors in its enforcement. This study employed an empirical normative juridical method with a qualitative approach through literature study, interviews, and documentation. The results indicate that law enforcement against cybercrime has been implemented based on the provisions of Law Number 11 of 2008 in conjunction with Law Number 19 of 2016 concerning Electronic Information and Transactions. However, the effectiveness of law enforcement still faces several obstacles, including limited human resources, inadequate digital forensic facilities, difficulties in electronic evidence procedures, and low levels of public digital literacy. The findings imply the importance of strengthening the capacity of law enforcement officers, improving information technology facilities, and enhancing public legal awareness to support effective cybercrime law enforcement in Indonesia.

Legalitas Pemanfaatan Open Source Intelligence oleh Direktorat Jenderal Pajak Dalam Penggalian Potensi dan Pengawasan Wajib Pajak Muchammad Rochandi Alif; Agus Ariadi
Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara Vol. 2 No. 2 (2026): Mei
Publisher : Sekolah Tinggi Ilmu Syariah Wal Aqidah Ash-Shofa Manonjaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64367/dialoglegal.v2i2.193

Over the past three years, tax revenue in Indonesia has faced significant structural challenges, largely driven by the expansion of the shadow economy and insufficient voluntary compliance among digital business operators. In response, the Directorate General of Taxes has leveraged Open Source Intelligence as a strategic tool for tax potential mapping and taxpayer oversight, particularly within the e-commerce and social media landscape. This study examines the operational legality of Open Source Intelligence usage under Indonesian positive law, alongside the judicial boundaries dictated by the principle of legality and personal data protection frameworks. Employing a normative juridical method, this research finds that the use of Open Source Intelligence is firmly grounded in Article 35A of the Law on General Provisions and Tax Procedures, in conjunction with Directorate General of Taxes Regulation No. PER-15/PJ/2019. To ensure legal certainty and compliance with Law No. 27 of 2022 on Personal Data Protection, the DGT must establish rigorous standard operating procedures for public electronic data collection, thereby preventing constitutional privacy infringements. Ultimately, this research proposes the harmonization of DGT’s internal regulations with national data protection laws to balance the state’s fiscal interests with the preservation of civil rights.

Pelaksanaan Diversi dalam Penyelesaian Perkara Pidana Anak pada Cabang Kejaksaan Negeri Tanjung Jabung Timur di Nipah Panjang, Provinsi Jambi Disfany Aprillia Putri; Agus Ariadi
Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara Vol. 2 No. 2 (2026): Mei
Publisher : Sekolah Tinggi Ilmu Syariah Wal Aqidah Ash-Shofa Manonjaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64367/dialoglegal.v2i2.194

This study aims to find out the procedure for handling diversion of child criminal cases and the application of diversion in practice along with the obstacles that are obstacles in its implementation. The research uses a mixed legal approach, namely normative and empirical with an analytical descriptive method. Data was obtained through literature studies of laws and regulations, books, and legal journals, as well as field data through observation and interviews with law enforcement officials, community supervisors, and community leaders in the East Tanjung Jabung District Attorney's Branch Area in Nipah Panjang, Jambi Province. The data obtained was analyzed qualitatively. The results of the study show that the procedure for implementing diversion has been carried out in accordance with the provisions of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System through deliberations involving perpetrators, victims, families, community leaders, and law enforcement officials. However, in practice, the implementation of diversion has not been running optimally because it is still influenced by the rejection of victims, low public understanding of diversion, limited mediation capabilities of law enforcement officials, and limited facilities of support and community guidance. This study concludes that the implementation of diversion has been carried out in accordance with the provisions of the law, but there are still structural and cultural obstacles that affect the effectiveness of its implementation, so it is necessary to increase the capacity of law enforcement officials, strengthen socialization to the community, and optimize the role of child assistance institutions so that

Peran Strategis dan Upaya Kepolisian Dalam Menanggulangi Serta Menangkal Tindak Pidana Curanmor di Wilayah Hukum Polres Kabupaten Ogan Ilir Provinsi Sumatera Selatan Febri Anugrah Pertama; Agus Ariadi
Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara Vol. 2 No. 2 (2026): Mei
Publisher : Sekolah Tinggi Ilmu Syariah Wal Aqidah Ash-Shofa Manonjaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64367/dialoglegal.v2i2.198

Economic growth and accelerated regional development in Ogan Ilir Regency have contributed to a significant rise in motor vehicle ownership, which has simultaneously driven an escalation of motor vehicle theft (curanmor). This phenomenon causes material losses for victims and generates pervasive insecurity within the community. This study aims to analyze the strategic role of the Ogan Ilir Resort Police in combating motor vehicle theft, identify the underlying causes and operational obstacles encountered, and formulate concrete measures to enhance crime control effectiveness. A descriptive qualitative approach was employed through library research. Data were gathered from statutory regulations, legal texts, and relevant scientific sources, and analyzed systematically using content analysis techniques. Findings reveal that the Ogan Ilir Resort Police has implemented three primary functions: prevention (preventif), law enforcement (represif), and community guidance (preemtif). However, overall effectiveness remains suboptimal due to insufficient infrastructure, evolving perpetrator methods, and low levels of active community participation in environmental surveillance. Effective suppression of motor vehicle theft requires integrated synergy among the police, the community, and local government. Cross-sector collaboration is identified as a fundamental prerequisite for achieving a safe and law-abiding environment in Ogan Ilir Regency.

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