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Dialogia Iuridica

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Published by Universitas Kristen Maranatha

ISSN : 20859945 EISSN : 25793527 DOI : -

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Dialogia Iuridica: Jurnal Hukum Investasi telah terakreditasi Peringkat 4 Sinta berdasarkan Keputusan Dirjen Penguatan Riset dan Pengembangan, Kemenristek Dikti Nomor: 21/E/KPT/2018.

Arjuna Subject : -

Articles 128 Documents

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Kebijakan Sekaya Maritim dalam Rangka Peningkatan Kesejahteraan Nelayan di Lampung Timur: Analisis Tantangan dan Peluang
Dialogia Iuridica Vol. 7 No. 1 (2015): Volume 7 Nomor 1 November 2015
Publisher : Faculty of Law, Maranatha Christian University

Fishing has been a traditional occupation for millennia, supporting a plethora of communities, both along the sea coast and inland. However, traditional fishermen are under pressure from large scale unregulated industrialization, export-oriented, mechanized fishing and aquaculture. Therefore, itâ€™s community faced with deprivations of many kinds. The Ministry of Marine Affairs and Fisheries has been launching Sekaya Maritim program since early 2015, as an effort to improve the welfare of traditional fishermen. Considering that every region has different culture and problems to each other, then it should be a policy which appropriated to the real needs of local fishing communities. Nevertheless, one fits for all could not always fix all. Through descriptive approach and case study analysis, this paper reviews the Sekaya Maritim program applied in East Lampung, as well as map out the challenges and opportunities that should be a reflective matter for the government, so that the program could be optimally implemented and precisely targeted.

Aspek Hubungan Dewan Perwakilan Rakyat dan Presiden dalam Pembahasan Bersama Suatu Undang-Undang
Dialogia Iuridica Vol. 7 No. 1 (2015): Volume 7 Nomor 1 November 2015
Publisher : Faculty of Law, Maranatha Christian University

The term â€œholding authorityâ€ according to Article 20 (1), Constitution of 1945, Indonesia means as an obligation. House of Representative holding authority to establish laws refer to a its authority to propose Draft of Laws.Formulation or construction concerning on authority on establishing laws, which regards to three state institutions: House of Representative, President and Regional Representative Council is not designed in a complete and best design.

Eksistensi BUMN sebagai Korporasi yang Dikuasai oleh Negara
Dialogia Iuridica Vol. 7 No. 1 (2015): Volume 7 Nomor 1 November 2015
Publisher : Faculty of Law, Maranatha Christian University

Indonesian state owned enterprises (BUMN) is a corporation, which is a large part or entirely (stoke) controlled by the state. State presents through Indonesian state-owned enterprises in order to carry out the mandate of Article 33 of UUD 1945, where the economic sectors that dominate the life of people controlled by the state. BUMN as a corporation must be clarified, either its functions or its objectives. Article 4 (1) of Law No 19 of 2003 on state enterprises, should be explanatory, that the state is only the owners of capital, and no longer consider BUMN as a state institution funded by the state. BUMN as a corporation should be clarified either in law or on the level of implementation. The number of governmentâ€™s intervention in BUMN, shows that the country is not ready to have a corporation in order to carry out the mandate of Article 33 of the Constitution of 1945. It makes BUMN intervened by political interests, rather than corporate interests.

Peran Mahkamah Konstitusi sebagai Lembaga Penguji Undang-Undang dalam Masyarakat Ekonomi ASEAN
Dialogia Iuridica Vol. 7 No. 1 (2015): Volume 7 Nomor 1 November 2015
Publisher : Faculty of Law, Maranatha Christian University

Constitutional Court is the guardian and single interpreter of the Constitution of 1945. Constitutional Court has authorities to review law against constitution including a law, which based on ratification of a treaty or convention. . Therefore, Constitutional Court has a role to implement and guard constitution of Indonesia in case the implementation of ASEAN Economic Community (AEC) as one main focus of ASEAN Charter could harm constitutional right of citizen and if the AEC is not in line with national goals of Indonesia according to constitution of 1945.

Mewujudkan Indonesia sebagai Negara Poros Maritim Dunia
Dialogia Iuridica Vol. 7 No. 1 (2015): Volume 7 Nomor 1 November 2015
Publisher : Faculty of Law, Maranatha Christian University

Indonesia, a country that has given abundant natural resources with strategic geographical position and supported by the geostrategic, geopolitical, geoekonomi and geososial culture as the largest archipelago in the world. Indonesia maritime glories of the past to make the government plans to make Indonesia as the Axis Maritime World. This has become a priority of the government Jokowi-JK.With all the challenges, related to the implementation of the vision of Indonesia as Axis Maritime world, so many things need to be corrected and must be repaired as well as various strategic steps to be taken by the government in particular is associated mindset (mind-set) of Indonesia, reform the legal system and the enforcement of maritime sovereignty in Indonesia.In order to realize the vision of Indonesia as a maritime axis, the active participation of all parties, especially the government and the all community are needed to restore the glory of Indonesia in the field of maritime with the slogan "JALASVEVA JAYAMAHE"

Kurikulum Nasional yang Berbasis Kompetensi Perguruan Tinggi dengan Mengacu pada Kerangka Kualifikasi Nasional Indonesia (KKNI) Untuk Menghasilkan Kualitas Manusia yang Kompeten
Dialogia Iuridica Vol. 7 No. 1 (2015): Volume 7 Nomor 1 November 2015
Publisher : Faculty of Law, Maranatha Christian University

Human resource needs, especially in the economy is the main source to sustain a nation. Human resources are created in a competent workforce and quality into its own competitiveness. Indonesian nation will enter the ASEAN Economic Community (AEC) will need to create a competent human resources. College as one of the graduates are ready to use in the workplace. One key factor is the quality of college graduates through the curriculum. Competency-based national curriculum with reference to national qualifications frameworks Indonesia will generate human resources in Indonesia are competent and competitive.

Pemberlakuan Sifat Melawan Hukum Materil Berfungsi Negatif dalam Tindak Pidana Korupsi
Dialogia Iuridica Vol. 7 No. 1 (2015): Volume 7 Nomor 1 November 2015
Publisher : Faculty of Law, Maranatha Christian University

Law No. 31 of 1999 in connection with Law No. 20 of 2001 regarding Corruption Eradication has included the unlawful element, in both procedural and substantive nature, when formulating the corruption act provision. In the legal doctrine, the substantive unlawful nature is categorized, based on its function, into two categories, namely positive and negative. The negative substantive unlawful nature is important to keep the spirit in eradicating corruption to not run amok, and to give protection to the actor, which is innocent based on substantive law. However, such criminal law policy, that accommodates substantive unlawful nature, has been declared as not legally binding by the Constitutional Court in its Decision No. 003/PUU-IV/2006 as it is considered conflicting with the legal certainty, which is one of the principles in the rule of law. Therefore, this research will analyze the above decision and the continuity in applying the negative function of the substantive unlawful nature to the corruption crime, which could be seen from the court decisions; and relates it, with the purpose of law.

Aneka Permasalahan Mengenai Perjanjian Kawin, Pengesahan atau Pencatatan
Dialogia Iuridica Vol. 7 No. 1 (2015): Volume 7 Nomor 1 November 2015
Publisher : Faculty of Law, Maranatha Christian University

To make a prenuptial agreement is still considered as taboo by Indonesian couple, although there has been awareness to make such prenuptial agreement for transnational couple. Marriage in Indonesia is regulated under Law No. 1 of 1974 on Marriage (â€œMarriage Lawâ€). The prenuptial agreement is a term taken from the heading of the 5th Chapter of Marriage Law, which consist of only one article, i.e. article 29 paragraph 1, 2, 3 and 4, that only regulates the period of when the prenuptial agreement shall be made, itâ€™s legality, the time of when it will enter into force and the possibility to amend such agreement. In other words, Marriage Law does not describe the definition of prenuptial agreement, and also does not determine matters that can be agreed upon, which priorly regulated under the Indonesian Civil Code. In relation to the prenuptial agreement under the Marriage Law, there occur several legal questions, among others: First, Does the registration officer from the Civil Registration Office will only make registration of the prenuptial agreement or will he/she also legalizing it?. Second, Does the prenuptial agreement only regulate assets which originated from the grant and inheritance? And Last, Why the prenuptial agreement may only be made prior to the marriage, meanwhile the Marriage Law allows the amendment of the prenuptial agreement?. This research analyzes and discusses, and will provide answers or views to the above questions, which hopefully could be helpful and give insight for all readers.

Tanggung Jawab Pelaku Usaha kepada Konsumen tentang Keamanan Pangan dalam Perspektif Hukum Perlindungan Konsumen
Dialogia Iuridica Vol. 7 No. 2 (2016): Volume 7 Nomor 2 April 2016
Publisher : Faculty of Law, Maranatha Christian University

Food security is very crucial in every aspect of human lives that all humans will fulfill their food needs by producing the food on their own or buy readily consumed food. When consumers consume food, they badly expect foods that are safe for their bodies. We might often encounter consumers who have problems with their health, which sometimes leads them to death due to consuming dangerous foods. A food entrepreneur should be responsible of the mistakes they have made on producing dangerous foods which harm and endanger the health of their consumers, and cause their death at some cases, either the mistakes are on purpose or unintended. The responsibility of entrepreneurs is the responsibility that is based on the harm caused on the consumers and the consumers in this case have to prove the mistake of the entrepreneur. However, there is another alternative of responsibility that ease the consumers, which is called strict liability. This kind of responsibility is a form of risk from the entrepreneur and proving the mistakes should use reverse proof system, in which the entrepreneur is responsible to prove their own mistakes in the food production.

Indikasi Kartel Komunditas Strategis dalam Perspektif Hukum Persaingan Usaha Tidak Sehat (Studi Kajian Perlindungan Hukum)
Dialogia Iuridica Vol. 7 No. 2 (2016): Volume 7 Nomor 2 April 2016
Publisher : Faculty of Law, Maranatha Christian University

In general, the competition was fair, if done honestly but the competition was not always done honestly. The fraudulent acts one of which was the cartel. Cartels were agreements made by businesses to other businesses in similar production to influence prices and production process. The cartel action usually choose products that have strategic value, as well as production of meat and soy. In the production of strategic community such as meat and soy currently were alleged (indication) the occurence of a cartel. To avoid these allegations, to marketing, production businesses must leave the Antimonopoly Law No.5/1999. Where in the legislation there was a ban on cartel action by businesses that contained in Article 11 of the law. However, the setting of the cartel was still considered less clear and complete, because it does not provide clear and unequivocal definition of the cartel as well as the type of the cartel. To avoid the vagueness of the norm government in formulating laws and should be careful and able to provide legal protection of a clear and unequivocal to the consumer to prevent arbitrary actions of businesses.

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