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INDONESIA
Dialogia Iuridica
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 7 Documents
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Search results for , issue "Vol. 12 No. 2 (2021): Volume 12 Nomor 2 Tahun 2021" : 7 Documents clear
LARANGAN PRAKTIK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT DALAM INDUSTRI SEPEDA MOTOR (KAJIAN PUTUSAN MAHKAMAH AGUNG NOMOR 217 K/PDT.SUS-KPPU/2019)
Dialogia Iuridica Vol. 12 No. 2 (2021): Volume 12 Nomor 2 Tahun 2021
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v12i2.3121

Abstract

Business competition is an economic activity that runs in line with technological and industrial advances. With the existence of business competition, the Business Competition Supervisory Commission in Indonesia was formed which aims to supervise and protect business competition. This research will discuss the impact and legal consequences of the KPPU decision to the Supreme Court decision which still considers and uses circumstantial evidence and testimony based on hearing from other people. Based on the description above, the writer chooses the research title "Judicial Review of the Prohibition of Monopolistic Practices and Unfair Business Competition in the Motorcycle Industry (Review of Supreme Court Decision No. 217 K / Pdt.Sus-KPPU / 2019) with the formulation of the problem of legal impact from the Assembly's decision. The Cassation Judge proven not to consider and examine the objections / demands of the Cassation Appellant as well as whether the legal consequences of the verdict of the Cassation Panel of Judges use testimony from other people (testimonium de auditu) and indirect evidence (circumstantial evidence / indirect evidence) as a means trial evidence. So the authors want to examine this and use normative research methods that use interviews as supporting data. Keywords: Monopoly, Business Competition, Indirect Evidence
PENERAPAN PRINSIP MENGENAL NASABAH PADA BANK PERKREDITAN RAKYAT BERDASARKAN PBI NOMOR 12/20/PBI/2010
Dialogia Iuridica Vol. 12 No. 2 (2021): Volume 12 Nomor 2 Tahun 2021
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v12i2.3148

Abstract

ABSTRACT With the development of the BPR (Bank Perkreditan Rakyat) industry with the development of People's Credit Bank products and services, especially those based on information technology, the risk of using Rural Banks in money laundering and terrorism financing is getting higher. The prevailing provisions concerning the Application of Know Your Customer Principles (KYC) for Rural Banks need to be revised by referring to general principles that apply internationally in supporting efforts to prevent money laundering and prevent terrorism financing. so that the authors are interested in conducting research with the title: Implementation of Bank Indonesia Regulation Number 12/20 / PBI / 2010 in the Application of Know Your Customer Principles at Rural Banks. The creation of this journal is expected to provide an integral understanding of scientific concepts regarding the Application of Know Your Customer Principles at Rural Banks and contribute to ideas in the field of law in general and in particular in the field of banking law related to the application of the principle of knowing the customers of rural credit banks in the implementation of Bank Indonesia Regulation Number 12/20 / PBI / 2010. The method used in writing this journal is a normative research method with literature study through books, journal references, and laws and regulations that are relevant to the issues examined in the journal. Keywords: Customers, Indonesian Bank Regulations, People's Credit Banks.
PERSPEKTIF HUKUM ISLAM MENGENAI PRAKTIK GHARAR DALAM TRANSAKSI PERBANKAN SYARIAH: Indonesia
Dialogia Iuridica Vol. 12 No. 2 (2021): Volume 12 Nomor 2 Tahun 2021
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v12i2.3323

Abstract

The industrial era 4.0 has presented sophisticated online transactions, this has also brought changes to the banking and investment sector in Indonesia. The phenomenon of online transactions in banking and investment practices has made Islamic finance, which prohibits the concept of giving interest or usury, becomes "grey", in other words, unclear or uncertain. There is no prohibition in Islamic law for a contract, which is only related to something that is not certain. However, if something uncertain causes the other party to suffer losses and the other party gains, then it becomes gharar. This study raises a legal issue, namely how gharar practices in banking and investment in Indonesia. The research method used is normative juridical. The results of the study concluded that gharar should be avoided in banking and investment institutions because the practice of gharar has the potential to occur in all (commercial) business contracts. where there is incomplete information due to the uncertainty of both parties who transact and even change something that should be certain to be uncertain. So that to realize a good transaction system according to Islam, it needs support from Muslims, namely by applying the concept of investment in Islam. Islamic financial transactions must be constructed carefully and avoid things that are prohibited by Islam.
PERLINDUNGAN HUKUM TERHADAP PEMILIK MEREK TIDAK TERDAFTAR DITINJAU DARI PRINSIP “USE IN COMMERCE”
Dialogia Iuridica Vol. 12 No. 2 (2021): Volume 12 Nomor 2 Tahun 2021
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v12i2.3337

Abstract

“A trademark may be a sign that features a distinguishing power and is employed within the context of trading goods or services. In Indonesia, trademarks are protected supported the primary registrant protection system or constitutive principle. The protection system states that a protected brand may be a trademark that has been registered with the Directorate General of belongings or trademarks declared as well-known trademark. the matter that happens is said as to whether there's protection for ordinary trademark that don't seem to be registered when there are parties who aren't accountable for registering the trademark, in order that the rights to the trademark are given to parties who aren't the particular owners of the trademark. this suggests that the law only provides protection to the primary person to register. supported that, they get the exclusive rights and show that they're truth owner. Situation like this protects false registration and provides false protection. The trademark protection mechanism in America doesn't implement this type of protection. America uses the protection supported the utilization as a practical, which is should fulfill the necessities, prefer it should be employed in commerce or will be utilized in commerce. For trademarks that haven't yet been registered, Indonesia should implement a protection system implemented by the United States. that helps protect unregistered trademarks if they need been utilized in trade”.Keywords: Constitutive Principle, Trademarks, Use In Commerce
TANGGUNG JAWAB PELAKU USAHA TERHADAP PENAYANGAN IKLAN NIAGA YANG MENYESATKAN KONSUMEN
Dialogia Iuridica Vol. 12 No. 2 (2021): Volume 12 Nomor 2 Tahun 2021
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v12i2.3488

Abstract

This study aims to determine the qualifications of misleading commercial advertisements and the responsibilities of business actors including advertisers, advertising agencies and advertising media in connection with the delivery of misleading commercial advertisements. The results showed that the provisions of Article 9 of the UUPK were included false advertising classification, fraudulent advertising types, and deceptive criteria. The provisions of Article 10 and Article 12 of the Company Law are classified as false advertising, fraudulent advertising, straight forwardlie advertising, and misleading advertising criteria. The provisions of Article 13 of the Company Law include the classification of bait and switch advertising, fraudulent advertising, straight forwardlie advertising, and misleading advertising criteria. Article 17 paragraph (1) UUPK includes the classification of false advertising, types of fraudulent advertising, and criteria for misleading and deceptive advertising. The principle of accountability of business actors according to Article 20 of the Company Law is strict liability and vicarious liability. Meanwhile, in relation to Article 9 UUPK, the forms of responsibility are product and contractual liability (Articles 10, 11, 12, 13 and 17 of the UUPK), or professional liability for advertising agencies and advertising media or both and it does not rule out the possibility of business actors being subject to sanctions. based on the principle of the presumption of liability principle and the form of responsibility for criminal liability
OPTIMALISASI HAK PEMEGANG SAHAM ATAS KEWENANGAN OJK DALAM PELAKSANAAN AKUISISI LEMBAGA JASA KEUANGAN BANK PADA MASA PANDEMI COVID-19
Dialogia Iuridica Vol. 12 No. 2 (2021): Volume 12 Nomor 2 Tahun 2021
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v12i2.3501

Abstract

After the issuance of PERPPU Number 1 of 2020 concerning State Financial Policy and Financial System Stability for Handling the Corona Virus Disease 2019 (COVID-19) Pandemic and / or In the Context of Facing Threats That Endanger the National Economy and / or Financial System Stability, OJK can give written orders for the Bank to conduct restructuring, one of which is the Acquisition and is authorized to conduct due diligence on prospective Bank Controlling Shareholders. The method used in writing this article is a normative juridical research with a statutory and conceptual approach. The results of the discussion show that the authority of the OJK in implementing the Acquisition has not taken into account the Shareholders' Rights guaranteed in the Company Law as well as any illegal actions by OJK which resulted in a Forced Acquisition or Hostile Takeover. OJK's discretion regarding the implementation of the Acquisition is not in line with the Freedom of Contract Principle because the Bank has independence in the implementation of the GMS for the corporate agenda, the Bank is also part of a Limited Liability Company that is subject to the Company Law so that the Optimization of Shareholders' Rights needs to be improved.
Perlindungan Hukum Terhadap Penanaman Modal Asing Pada Sektor Pertambangan Mineral dan Batubara di Indonesia: - Vania Shafira Yuniar
Dialogia Iuridica Vol. 12 No. 2 (2021): Volume 12 Nomor 2 Tahun 2021
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v12i2.3555

Abstract

One of the indicators of Indonesia's economic development is investors. Investors are actors who have a role to empower and manage potential resources to serve as the country's economic strength. Mineral and coal mining plays an important role in the national economy and has great potential in the development of the national economy. The purpose of this research is to determine and analyze about legal protection for foreign investment in the mineral and coal mining sector in Indonesia. The research method used in this article is normative legal research and through a literature study approach with secondary assessment of legal materials and juridical data analysis. The results of this study indicate that the regulations related to foreign investment in the mining sector still use Law Number 25 of 2007 concerning Investment and Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining which are considered by the Government as a basic regulation that is still in accordance with current conditions in Indonesia regarding investment and mining of minerals and coal. Therefore, special arrangements are needed related to foreign investment in the mining sector, because the existing laws and regulations are unable to explain in detail the aspirations and needs of foreign investors in implementing cooperation contracts in mineral and coal mining activities.

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