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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 128 Documents
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Tinjauan Konsep Hak Eksklusif dalam Hak Cipta Berdasarkan Teori Hegel Anastasia Theresia Puspasari
Dialogia Iuridica Vol. 13 No. 2 (2022): Journal Dialogia Iuridica Vol 13, No.2 Year 2022
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v13i2.4577

Abstract

Copyright is a protection in a form of an exclusive right which is attached with the creator, including moral rights which are possessed by the creator for the embodiment for their personality in the creation. The referred moral rights are recognized in the international treaties, specifically in Berne Convention and TRIPS Agreement, which put forward the moral rights as a copyright protection. The protection of moral rights evolved from the Continental Europe countries, which recognizes author’s rights. The principle of moral rights could be analyzed with Hegel’s theory from the writing in his book entitled “Philosophy of Rights”, postulating the principle of how a person could claim his right of property possessions. In accordance with Hegel’s theory, this research will be focused on the scope of copyright as an exclusive right, which will also analyze the copyright law of Indonesia regulated in Law Number 28/2014. The copyright protection regarding moral rights in Law Number 28/2014 principally regulates the right given to the creator to signify their identities in their creation or to claim for their creation which adheres with their personalities. Moral rights are also given to performers in the form of related rights, as a right for the performers to claim the performance of the creation.
Diskursus Limitasi Hak Imunitas Ahli dalam Konstruksi Hukum Nasional Arman Tjoneng; Dian Narwastuty; Keysha Azkia Salsabila
Dialogia Iuridica Vol. 13 No. 2 (2022): Journal Dialogia Iuridica Vol 13, No.2 Year 2022
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v13i2.4585

Abstract

Expert testimony in criminal evidence is needed to explain a case clearly so that the judge can decide a legal case with full objectivity. In fact, experts who provide their statements are often used as defendants because their statements are considered detrimental to the defendant's position so that the defendant sues the expert to court. The approach method used is a normative legal research method, namely legal research conducted by examining library materials or secondary data. The approach used is a statutory approach, a case approach and a conceptual approach. Experts have immunity in providing their statements based on professionalism and good faith, so that the Expert cannot be prosecuted either criminally or civilly. If forced, there will be a weakening of the independence of the Experts and will disrupt the existing judicial system. However, if the Expert in providing his statement is not based on good faith and manipulates the data so that it benefits a certain party, then the Expert can be prosecuted through the PMH channel. In order to strengthen the immunity of the Expert, there must be a strict rule stating the protection of the expert who has good intentions.
Insentif Pajak Bagi Dunia Bisnis Sebagai Upaya Pencegahan Kepailitan Pada Masa Pandemi Corona Virus Disease 2019 (Covid-19) Yenny Yuniawaty Lunandi
Dialogia Iuridica Vol. 13 No. 2 (2022): Journal Dialogia Iuridica Vol 13, No.2 Year 2022
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v13i2.4593

Abstract

The development of the national economy is supported by various business activities carried out in Indonesia. In business activities there is the potential to obtain economic benefits so that it cannot be separated from the obligation of entrepreneurs as business actors to pay taxes. Therefore, business and taxes are two things that are very crucial in the Indonesian economy to support public welfare. The Corona Virus Disease 2019 (Covid-19) pandemic has had a huge impact on the condition of the business world in Indonesia. With the policy of limiting community activities to control the spread of Corona Virus Disease 2019 (Covid-19), there are several affected business sectors experiencing financial distress. The financial distress can cause business actors whose business capital is loans from other parties, for example, banks cannot fulfill their obligations to pay debts that have matured and are threatened with bankruptcy. During the Corona Virus Disease (Covid-19) pandemic, there was an increase in bankruptcy cases which resulted in a slowdown in Indonesia's economic recovery. Government support for the business world in order to survive in the face of the Corona Virus Disease 2019 (Covid-19) pandemic by making policies in the field of taxation in the form of providing tax incentives to business people is an effort to prevent bankruptcy. Therefore, during the Corona Virus Disease 2019 (Covid-19) pandemic, the government needs to extend the period of providing tax incentives and expand sectors that are given tax incentives.
PROTECTION OF TRADITIONAL CLOTH TAPIS LAMPUNG IN COMMUNAL INTELLECTUAL PROPERTY RIGHTS REGIME Yunita Maya Putri; Ria Wierma Putri; Rehulina
Dialogia Iuridica Vol. 14 No. 1 (2022): Dialogia Iuridica Journal Vol. 14 No. 1 Year 2022
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/dialogiaiuridica.v14i1.5231

Abstract

Indonesia does not have a specific legislation that regulates traditional culture (Traditional Cultural Expression) issues until right now. Lampung Province has a TCE heritage in the form of tapis, which if not maintained properly will be vulnerable to recognition by other countries that take advantage of its existence. Currently, regulations in Indonesia regulate cloth’s Protection in the copyright regime. However, the copyright regime has limitations in protecting it, for example, the limited time of protection provided. In addition, Tapis handicrafts have Intellectual Property Rights (IPR) potential, not only in copyright protected motifs but also other IPR potentials such as original materials and crafts that can be protected by Geographical Indications. So this can maintain the existence as well as the work of art and culture itself. In this study, the method used is the empirical normative legal method that examines and interviews the cloth weaver group through historical and historical approaches. Protection for Tapis Lampung can be achieved using two means, namely preventive legal protection, by implementing an integrated cultural data collection system that carries out cultural recording and documentation efforts with the aim of preventing claims of intellectual property rights protection against culture. In repressive legal protection, rules are made that can provide a legal basis for parties who will take action against outside parties who are considered to have taken or recognized the rights to cultural property in a clear and systematic manner.
CRIMINAL LAW TREATS FOR ONLINE GAMBLING PERFORMERS: INVESTMENT FRAUD MODES Iqbal Kamalludin; Heris Suhendar; Bunga Desyana Pratami; 'Alamul Yaqin; Nur Afifah
Dialogia Iuridica Vol. 14 No. 1 (2022): Dialogia Iuridica Journal Vol. 14 No. 1 Year 2022
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/dialogiaiuridica.v14i1.5252

Abstract

Since 2018 to July 2022, the Ministry of Communication and Information has cut off access to 534,138 gambling content on various digital platforms. This very high number will continue to grow. One of the reasons for the rise of online gambling content is the mode that is used, namely the "bodong" investment mode. Society is promised with unreasonable profits. Blocking efforts are actually one way to prevent and protect the public. Criminal law has regulated gambling in the Criminal Code, as well as if it is done using technology media, it is regulated in the Information and Electronic Transaction Law. This paper examines the regulation of criminal law regarding online gambling in the present, and in the future. This normative law research uses a statutory, comparative, and conceptual approach with prescriptive analysis. The results show that the regulation of gambling in the Criminal Code does not regulate online gambling, the ITE Law still has weak juridical problems in juridical consequences. While in the Draft Criminal Code, it is actually regulated more comprehensively, namely by regulating criminal acts committed with technology in general provisions, but regarding gambling, the 2019 Criminal Code Concept with 2022, has a significant difference, namely in the 2022 Criminal Code concept there are exceptions to permit arrangements taking into account laws that apply in society. Gambling, which has been licensed by the government, has a negative impact on people's lives. The word “without permission” has a meaning that tends to be ambiguous and less relevant.
BAJO’S LIVING LAW ON ENVIRONMENTAL PRESERVATION TO SUPPORT ECONOMIC IMPROVEMENT Amanda Adelina Harun
Dialogia Iuridica Vol. 14 No. 1 (2022): Dialogia Iuridica Journal Vol. 14 No. 1 Year 2022
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/dialogiaiuridica.v14i1.5359

Abstract

Bajo is a tribe that has a uniqueness, they settled in coastal or shallow water areas. The uniqueness of the settlements and the natural conditions of the Bajo people can be a tourism potential to improve the economic conditions of the Bajo people. Tourism requires preserved environmental conditions. The Bajo has a 'living law' related to the preservation of coastal and marine areas, such as the prohibition of throwing garbage and household waste into the sea, the prohibition of killing turtles, the prohibition of destroying corals, and the prohibition of going to sea during the spawning period of fish. Bajo's 'living law' is in the form of unwritten law, so it has several weaknesses. First, because the unwritten form is feared to shift and could be lost, second, the implementation could not be enforced by the official because it is not official law. A good official law is one that is in accordance with the 'living law', so it would be better to adopt the 'living law' of Bajo in the official law, for the sake of preserving the environment, and support economic improvement through tourism.
PRINCIPLE OF GOOD FAITH IN CONFIDENTIALITY AGREEMENTS OF TRADE SECRET INFORMATION Sudjana
Dialogia Iuridica Vol. 14 No. 1 (2022): Dialogia Iuridica Journal Vol. 14 No. 1 Year 2022
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/dialogiaiuridica.v14i1.5376

Abstract

This study aims to determine the category of agreement on confidentiality of Trade Secret Information in the perspective of contract law, Good Faith Criteria, and Legal Consequences for Disclosure of Trade Secrets in Confidentiality Agreement. Study results: (1). The category of confidentiality agreement based on its arrangement includes an anonymous agreement (not regulated in the Civil Code); according to the method of preparation including standard agreements (determined unilaterally by the owner of the Trade Secret) based on the principle of freedom of contract; is a formal agreement, namely the confidentiality agreement occurs not only in an agreement but also stated in a deed (under the hand); and in written form, namely Confidentiality Agreement; (2). The criteria for good faith based on the doctrine of subjective good faith and objective good faith are not disclosing Trade Secrets but Law no. 30 of 2000 does not explicitly regulate so that the criteria for good faith relate to the obligation to keep confidential referring to Article 1338 paragraph (3) of the Civil Code and doctrine or expert opinion. The legal consequences of disclosing a Trade Secret give rise to the right of the owner of the Trade Secret to take legal action, both litigation and non-litigation.
ARE THE INTERESTS OF BUSINESS ACTORS AND CONSUMERS BALANCED IN THE INDONESIAN COMPETITION LAW? Moch Zairul Alam; Kukuh Tejomurti
Dialogia Iuridica Vol. 14 No. 1 (2022): Dialogia Iuridica Journal Vol. 14 No. 1 Year 2022
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/dialogiaiuridica.v14i1.5114

Abstract

This paper aims to provide a critical analysis to the relations between economic efficiency and justice as the objectives of business competition law in Indonesia within the framework of legal philosophy. Philosophical aspects explores view on equal opportunities for every citizen in their business behavior, relation between the principles of justice and efficiency considering that in the Law 5 of 1999 there is no any word “justice” mentioned. Several related schools of legal philosophy will use to analyse the problems, such as, Utilitarianism in dissecting the phrase "public interest and welfare", John Stuart Mill's theory of lliberty in examining "equal opportunities for citizens", The article uses the legal research by emphasising the critical analysis on economic efficiency and justice principles in Indonesian competition law and compare FTC. Article 3 of Law Number 5 of 1999 aims to improve economic efficiency as one of the efforts to improve people's welfare. From a philosophical point of view, people's welfare law is closely related to the "greatest benefit for the greatest people" (Jeremy Bentham). However, if we look at the interests between business actors and consumers, thiscondition can still be seen that the interest in efficiency still prioritizes the interests of business actors. Fulfilment of consumer justice is only placed as an "object" rather than a subject whose rights must be protected due to violations of business competition.
LIFE INSURANCE IN MARITIME LABOUR AGREEMENT AS LEGAL PROTECTION AND CERTAINTY FOR FISHERMEN Christin Septina Basani
Dialogia Iuridica Vol. 14 No. 1 (2022): Dialogia Iuridica Journal Vol. 14 No. 1 Year 2022
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/dialogiaiuridica.v14i1.5348

Abstract

Fishermen in working with weather, climate and sea wave problems, which are determinants of the catch, including the risk of life which causes necessity of insurance. The government has been holding fisheries insurance for fishermen, which aimed at fishermen, fish raisers and salt farmers. In addition, there is life insurance for catching fish fishermen. Unfortunately, not all fishermen follow this insurance. On average, those who participate in life insurance, are fishermen who have vessels with a capacity above 20 GT (gross tonnage or gross tonnage), while for vessels measuring 30 GT can employ 15-20 crew members. The fact that fishermen’s welfare must be prioritized has made the government issue Law Number 7 of 2016 concerning the Protection and Empowerment of Fishermen, Fish Farmers and Salt Farmers. This law relates to welfare and legal protection for fishermen, where the rights of fishermen are to seek welfare for their lives. Guarantees for fishermen participating in life insurance can be included in the Sea Work Agreement where ship owners or companies and fishing workers who work have an awareness of safety, welfare and a decent life as the state’s objectives as stipulated in the 1945 Constitution and Pancasila. To improve economic viability, especially for fishing workers, the government's role should focus on the welfare of labor fishermen as a further step from Law Number 7 of 2016 which regulates fisheries insurance or life insurance for fishermen. This research is conducted in Regency of Indramayu, using literature study, statute and conceptual approach.
ONE NUMBER ONE CITIZEN IN INDONESIA: SOLUTION FOR PROBLEMATIC IN COURT EXECUTION ISSUES Hassanain Haykal; Theo Negoro
Dialogia Iuridica Vol. 14 No. 1 (2022): Dialogia Iuridica Journal Vol. 14 No. 1 Year 2022
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/dialogiaiuridica.v14i1.5462

Abstract

Implementation of executions in civil cases in the Indonesian legal system hitherto still leaves legal problems, one of which is in the event that Execution Applicant is not aware of the assets is under collateral upon the execution request while Execution Respondent refuse to implement a final and binding court judgment. Therefore, the study aims to further examine concept of One Number One Citizen as a proposed regime.   The study wields a normative juridical method with a conceptual approach that aims to explain the importance of the implementation of a new concept of One Number One Citizen in order to support the confiscation execution process. The result obtained that the One Number One Citizen concept was inspired by the Social Security Number policy of the United States, where every citizen has an integrated Population Identification Number managed by the population system of the Ministry of General Affairs that includes, among others: Personal Data, Transactions, Assets, Insurance, Police Records, whole community activities, varying from identification number, tax activities, banking transaction activities, motorized vehicles activities, property registration activities, and so on, that could be implemented through the Execution Respondent for the execution confiscation could be carried out.  Recommendation for government also included accordingly.

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