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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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Prosecutor's Intelligence Functions in Preventing Corruption: Strategic Development Security Technical Guideline Perspective Andri Dharma; Madiasa Ablisar; Mahmud Mulyadi; Mirza Nasution
Dialogia Iuridica Vol. 14 No. 2 (2023): Vol. 14 No. 2 (2023): Dialogia Iuridica Journal Vol. 14 No. 2 Year 2023
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v14i2.5557

Abstract

Corruption crimes are cracked down not only by repressive efforts but also by preventive efforts. The Indonesian Public Prosecutor's Office has several stages of preventive efforts to carry out its intelligence functions. Indonesia's Attorney General's Office has introduced a new program called Security for Strategic Development - Regional Investment in implementing intelligence functions. The issue is what the legal status of the Technical Guidelines on Security for Strategic Development and Regional Investments of the Indonesian Public Prosecutor's Office in Anti-Corruption will be in terms of legal certainty. This study is a prescriptive legal study, descriptive analysis. A legal approach is used as the data is subject to various laws and regulations. Data collection through library and field research surveys accompanied by documentary study and interviews. Based on the qualitative analysis, the results show that the Strategic Development of the Indonesian Public Prosecutor's Office for Prevention of Corruption Crimes and Technical Guidelines for Security of Local Investments regulation was made by Law No.16 of 2004 concerning the Attorney General's Office of the Republic of Indonesia, Law No.17 of 2011 concerning State Intelligence, as well as the Regulation of the Attorney General No.PER-006/A/JA/07/2017 concerning the Organization and Work Procedure of the Indonesian Prosecutor's Office does not include the authority to prevent corruption based on the 2004 Attorney General's Law. B-484/D/Dpp/03/2020, dated March 12, 2020, by adapting it to Law No.11 of 2021 concerning the Indonesian Attorney General's Office, to provide legal certainty to prevent corruption.
Good Faith in Plantation Management Contract between PTPN V and Koperasi Nenek Eno Senamanenek Firdaus Firdaus; Ulfia Hasanah; Samariadi Samariadi
Dialogia Iuridica Vol. 14 No. 2 (2023): Vol. 14 No. 2 (2023): Dialogia Iuridica Journal Vol. 14 No. 2 Year 2023
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v14i2.5569

Abstract

Good faith is fundamentals in every contract, without which a contract will find it difficult to achieve its goals. In 2019, through a contract made before a notary in the hall of Kampar Regent Office, Kooperasi Nenek Eno Senamanenek and PT. Perkebunan Nusantara IV start a new beginning after a long period of dispute over Senamanenek community’s customary land. The good faith in fulfillment of contract between KNES and PTPN V would affect the legal relationship between these two parties. For KNES, the realization of the clauses within the contract will affect senamanenek community who become the member of the cooperative. The contract object was a palm oil plantation owned by the cooperative member. This empirical legal study scrutinized the implementation of good faith in the contract between KNES and PTPN V By identifying the law and the effectiveness of legal principles in the community. It took place in Kampar Regency. Primary, secondary, and tertiary data were collected through interviews and literature review. This study concludes that the good faith has not been fully implemented in the contract between PTPN V and KNES due to legal and non-legal factors. Therefore, both parties are suggested to possess a good faith in all stages of the contract-making process, from the pre-contract, contract, and post-contract stages. They are also suggested to minimize factors inhibiting good faith in the contract.
PENGATURAN/FORMULASI PIDANA MATI TERHADAP TINDAK PIDANA KORUPSI DI CHINA, VIETNAM, DAN THAILAND Irvino Rangkuti
Dialogia Iuridica Vol. 14 No. 2 (2023): Vol. 14 No. 2 (2023): Dialogia Iuridica Journal Vol. 14 No. 2 Year 2023
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v14i2.5961

Abstract

The purpose of this study is to clarify the application of the death penalty against corruptors in other countries and to assess existing laws in Indonesia whether the death penalty is used against corruptors and causes conflict. The death penalty is classified as an extraordinary crime. This study uses research that uses prescriptive legal methods. This research is descriptive in nature. The analysis technique used is descriptive technique and the collection of legal material used is literature search. This study uses a statutory approach to evaluate existing regulations. The production of this journal is based on a comparative approach. This approach is carried out as a comparison of existing regulations in Indonesia with regulations in other countries. The conclusion from writing this diary is that there are differences in the rules for applying the death penalty for corruptors in Vietnam and in Thailand, where there is a degree of corruption that makes the death penalty a threat. On the other hand, in Indonesia, corrupt people can be executed because there is no fixed level of income from corruption. Another thing that affects the application of the death penalty in Indonesia is that Indonesia has regulations that conflict with the death penalty.
The Objectiveness of The Alleged Victims as A Parameter for Law Enforcement in A Defamation Case Emmilia Rusdiana
Dialogia Iuridica Vol. 14 No. 2 (2023): Vol. 14 No. 2 (2023): Dialogia Iuridica Journal Vol. 14 No. 2 Year 2023
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v14i2.5985

Abstract

Activities in the complaints form from victims who feel libel by others have increased and occurred at all levels of the police in Indonesia. Everyone can feel offended by different insults, so the law enforcement of criminal offenses based on Article 310 paragraph (3) of the Criminal Code requires objectivity to accusations of defamation. The research points to a detriment as the basis for defamation, it is the concrete form of this detrimental requires further study as a manifestation of the substitute for defamation in the public interest.  This article aims to validate the objectivity of the victim's alleged insult and defamation allegations.  Article uses normative research type and conceptual approach with qualitative analysis. The defamation case regarding the meaning of the public interest. Justice is a baseline with the realization in concrete situations. The interest form of the community through the property by demanding actions that are proportional, appropriate, balanced, and in harmony with the rights of everyone. An emphasis on values prevailing in society (morals and customs).  There are direct interests that are primarily economic.  Then, the basis for filing a victim's complaint requires concrete evidence of the consequences of the alleged defamation, namely losses. Calculation of Losses.  The specific requirement is that material or immaterial loss arise during the pre-contractual, contractual, and post-contractual periods.  The complainant or victim must show the contract between the complainant and the offender.
Pemenuhan Hak Atas Pendidikan bagi Anak-anak Pengungsi di ASEAN dengan Memperkuat Prinsip ASEAN Rachminawati Rachminawati; Stevanus Aditya Kebingin
Dialogia Iuridica Vol. 14 No. 2 (2023): Vol. 14 No. 2 (2023): Dialogia Iuridica Journal Vol. 14 No. 2 Year 2023
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v14i2.6195

Abstract

The right to education for refugees, particularly child refugees, is seen as a fundamental right. According to data from the United Nations High Commissioner for Refugees (UNHCR), nearly half of all child refugees have had no official or informal schooling. The realization of the right to education in the Association of Southeast Asian Nations (ASEAN) region presents unique problems, particularly for refugee children from Myanmar's Rakhine State. The ASEAN Ways are often being claimed as the main hindrance in tackling the problem. However, to some extent, it has proven in maintaining stability in the ASEAN region. This paper examines how ASEAN Ways approach fulfilling the right to education in terms of policy and implementation through the Bali Process consensus and relevant ASEAN organs such as the ASEAN Intergovernmental Commission on Human Rights (AICHR) and ASEAN organizations in education cooperation (SEAMEO). The legal and qualitative research methods have been used in this study. As the outcome, this study shows that the ASEAN Ways approach in protecting the right to education especially for refugee children from Rakhine states provides a stronger foundation for fulfilling their rights in each of ASEAN destination countries such as Indonesia, Malaysia, Philippines, and Thailand. Although national laws and regulations differ from one state to the next, it will promote the fulfillment of the right to education while sustaining stability in the ASEAN region with support from ASEAN as a regional organization via reinforcing the principles of ASEAN Ways.
Karakteristik Subrogasi pada Penyaluran Kredit Usaha Rakyat dalam Perspektif Hukum Perdata Eriza Izzati; Catherin Ariyanto; Nabillah Fitria Nugraha; Althea Salza Nastiti
Dialogia Iuridica Vol. 14 No. 2 (2023): Vol. 14 No. 2 (2023): Dialogia Iuridica Journal Vol. 14 No. 2 Year 2023
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v14i2.6234

Abstract

Government creates various programs in order to achieve public welfare. One of them is Kredit Usaha Rakyat, a micro credit program, through which micro, small, and medium-scale enterprises (MSMEs) are expected to strengthen their capital. The distribution mechanism of KUR appears to indicate a subrogation pattern. The term subrogation refers to substitution of creditors by a third party, consequently creating a new party and affecting the KUR agreement.   Grounded from this phenomenon, this work aimed to find out the legal relationship among creditors, debtors, and insurance companies in respect to KUR distribution and to find out the legal consequence of subrogation in KUR. To this end, a normative legal study with statute and conceptual approaches was conducted by reviewing and prescriptively analyzing relevant literature.  The finding showed that subrogation pattern in KUR distribution did not comply with the subrogation principle regulated in the Indonesian Civil Code, as it did not annul the old agreement between the debtor and creditor and created new arrangement between the debtor, creditor, and the third party (insurance company). In other words, KUR distribution does not implement subrogation as the old arrangement between the debtor and creditor is not void when an insurance company warrants the debtor's debt to the creditor.
Investigating the Existence of Gorontalo Customary Law in the National Criminal Code Apripari Apripari; Vifi Swarianata; Jufryanto Puluhulawa; Irlan Puluhulawa; Dewi Nuramanah Matte
Dialogia Iuridica Vol. 14 No. 2 (2023): Vol. 14 No. 2 (2023): Dialogia Iuridica Journal Vol. 14 No. 2 Year 2023
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v14i2.6250

Abstract

Through Article 2 paragraph (1) of Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code (National Criminal Code), customary law opportunities are open to existing through the prerequisites contained in the Explanation to Article 2 paragraph (1). For this reason, this study aims to determine the opportunities for the existence of Gorontalo customary law through the prerequisites contained in the Explanation of Article 2 paragraph (1) of the National Criminal Code. This research uses normative legal research methods with a statutory approach and conceptual approach and uses primary, secondary and tertiary legal materials. The legal material is then analyzed qualitatively using grammatical, systematic, and historical interpretations. The results showed that Gorontalo customary law exists through the presence of several regional regulations, including (1) Gorontalo Provincial Regulation Number 2 of 2016 concerning the Implementation of Customary Institutions; (2) Gorontalo Mayor Regulation Number 10 of 2020 concerning the Implementation of the Dulohupa Customary Institution of Gorontalo City; and (3) Regional Regulation of Bone Bolango Regency Number 8 of 2020 concerning the Implementation of Customary Institutions. Furthermore, through regulations at the regional level, Gorontalo customary law is also present through concrete events such as the management of customary institutions carried out periodically. Based on this, the regulation of concrete norms related to acts prohibited under living law in regional regulations as required by the Explanation to Article 2 paragraph (1) of the National Criminal Code will have a very large opportunity.
PENGAJUAN PENINJAUAN KEMBALI OLEH JAKSA PENUNTUT UMUM BERDASARKAN PASAL 30C UU NO. 11 TAHUN 2021 TENTANG PERUBAHAN UU NO. 16 TAHUN 2004 TENTANG KEJAKSAAN DIKAITKAN DENGAN PUTUSAN MK NO. 33/PUU-XIV/2016 DALAM PERSPEKTIF KEPASTIAN HUKUM DAN KEADILAN Arman Tjoneng; Dian Narwastuty
Dialogia Iuridica Vol. 14 No. 2 (2023): Vol. 14 No. 2 (2023): Dialogia Iuridica Journal Vol. 14 No. 2 Year 2023
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v14i2.6377

Abstract

With the ratification of the prosecutor's law in 2021, it finally caused a polemic regarding the authority of the public prosecutor in filing a judicial review. The counter-opinion argues that the framers of the law did not understand the norms in the existing legislation. On the other hand, MK Decision No.33/PUU-XIV / 2016 which states that the review by the Public Prosecutor contrary to the code of Criminal Procedure is final and binding for anyone. Therefore, the prosecutor's authority in applying for judicial review is considered unlawful. But on the other side, the Internal Affairs of the prosecutor's actually took another view and strongly supported the authority for filing a judicial review by the prosecutor's under the new law. Based on this study, which uses normative juridical methods and legislative approaches and conceptual approaches, then with the ratification of the prosecutor's law in 2021, it is considered to provide more legal certainty for the authority of the public prosecutor in filing a judicial review and providing space for “justice” for victims and as an effort to correct and improve in realizing justice.
Kehancuran Benda Cagar Budaya Saat Konflik Bersenjata: Eksistensi Blue Shield Emblem Mokhamad Gisa Vitrana; Anna Anindita Nur Pustika
Dialogia Iuridica Vol. 15 No. 1 (2023): Dialogia Iuridica Journal Vol. 15 No. 1 Year 2023
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v15i1.6586

Abstract

The intentional destruction of cultural heritage in armed conflict that is not used for military purposes causes the greatest losses of mankind. Lots of cultural properties have great value as the cultural heritage of mankind. Creating the distinctive emblem through the 1954 Hague Convention and its two Protocols d become a crucial way in terms of the protection of cultural properties. Based on these instruments, three categories of distinctive emblem gave for cultural properties over general, special and enhanced protection. It could impact cultural property under unnecessary damage when armed conflict occurred. Therefore, this research d a crucial basic issue on how form, function, and assignation of the distinctive emblem should be, based on the provisions of the 1954 Hague Convention and its two Protocols, as well as related International Humanitarian Law. As the result of this research, it can be said that the existence of a distinctive emblem is remained unclear in terms of its size form and assignation on cultural property. This research ed that the use of distinctive emblem shall be regulated by decisive provisions through a Convention or such a guideline of implementation so that distinctive emblem can be seen by the dispute parties to avoid unnecessary damage to cultural property.
Empowerment of PT. MSEs/Individual for Participating in Government Procurement of Goods and Services Sandy Hukunala; Adolof Seleky
Dialogia Iuridica Vol. 15 No. 1 (2023): Dialogia Iuridica Journal Vol. 15 No. 1 Year 2023
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v15i1.7373

Abstract

The obstacles faced by micro, small, and medium enterprises (MSMEs) in participating in public procurement even though they are legal entities are related to the system, culture, and human resources implementing public procurement. The first obstacle is Indonesia's rigid and inflexible public procurement system. The qualification requirements set by the government often do not match the capabilities of MSMEs. In addition, the lack of internet network access support in the regions makes it difficult for MSMEs to participate in the procurement of goods and services. The second obstacle is the culture of corruption, collusion, and nepotism (KKN) that is still inherent in the Indonesian bureaucracy. Goods and services procurement is one of the biggest contributors to corruption cases in Indonesia. The third barrier is the limited human resources, both in terms of numbers and competencies, owned by MSMEs. MSMEs often have inadequate quality of human resources, especially in terms of knowledge and skills in the field of goods and services procurement. The research method used is normative juridical with a statutory approach and conceptual approach. The purpose of this research is to find out what causes MSEs to be difficult to participate in the procurement of government goods and services even though they are legal entities. This research is expected to contribute to the development and improvement of the public procurement system, so that in practice it can involve more micro, small, and medium enterprises, especially those that already have legality and meet technical requirements.

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