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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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Implementasi Asas Keadilan dalam Pembentukan Peraturan Pemerintah Pengganti Undang-Undang Nomor 2 Tahun 2022 tentang Cipta Kerja (Sebagaimana yang Telah Ditetapkan Menjadi Undang-Undang) Demson Tiopan
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.v15i1.7449

Abstract

Prosperity can be achieved through the realization of order and organization within society. The principle of justice serves as one of the indicators that determine the attainment of the desired order and organization. In the concrete legal context, the process of forming legislation is required to reflect the presence of the justice principle inherent within it. A legal product is considered to fulfill the justice principle if it falls under the category of responsive law. Responsive law takes into account both functional and procedural aspects of its formation. This research uses a normative juridical research method with a statutory approach. The statutory approach is an approach used by basing it on the provisions of the applicable laws and regulations. This research aims to examine the implementation of the principle of justice in the substance and formation Government Regulation in Lieu of Law on Job Creation (Perppu Cipta Kerja). Perppu Cipta Kerja is perceived to not reflect the justice principle as it lacks the elements characteristic of responsive law. Consequently, the Perppu Cipta Kerja is categorized as a legal product that does not embody the value of justice, falling into the classification of conservative legal products. Therefore, it is imperative for the government to conduct a reevaluation of the formation process and functional aspects, particularly regarding the substantive content, to ensure it aligns with the justice principles mandated by the law. This alignment would facilitate the realization of order and organization within society, ultimately contributing to the welfare of the populace.
The Socio–Juridical Dimensions of Passing Off in Indonesia Fatihani Baso; Andi Novita Mudriani Djaoe; Redita Septia Sari H
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.v15i1.7538

Abstract

There are many business actors marketing products that resemble well-known brands in Indonesia. To prove whether the Passing Off phenomenon occurs or not in Indonesia, the authors use The Classical Trinity Theory. The article’s aim is to explain the socio–juridical dimensions of passing off in Indonesia. Seeing that in Indonesia there are many business actors marketing products that resemble well-known brands. To prove whether the Passing Off phenomenon occurs or not in Indonesia, the author uses The Classical Trinity Theory. The research uses a juridical-normative method, with statute and conceptual approach based on literature study, analyzed qualitatively. The Classical Trinity Theory is a theory used as a basis for assessment which states whether a passing-off action occurred or not. First, Goodwill, is whether business actors use the reputation of well-known brand owners to support their business. Second, misrepresentation, there is confusion by consumers regarding genuine products and fake products. Third, damage, there is an element of deceptive branding and goods or services which could very well result in losses experienced by the owner of the well-known brand as a result of copying the company's identity.
Latin: English Andreas M. D. Ratuanak
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.v15i1.7565

Abstract

The theme of the law and its changes is still being discussed in the academic community. The fact that law requires social society as its habitat makes it difficult to maintain the status quo. The social community always changes according to the era and place where it makes the laws also voluntarily or is forced to make adjustments to its habitat. The article will discuss how the law cannot always be consistent because it is influenced by the social conditions in which the law lives, how the process of change occurs, and what factors influence the inconsistency of the law, in a philosophical reflection. By using a literature research approach, this research aims to explore two main questions, namely: does law change society or vice versa? and; what factors are most influential in encouraging legal change? This study reflects that jurists from various views seem to agree on one thing, that the law is changing and they only provide different criteria and procedures. This reflection culminates with a statement that the law is always changing, and it reforms itself all the time.
PEMERINTAH DAERAH DALAM DINAMIKA PEREKONOMIAN MASYARAKAT: PERSPEKTIF HUKUM DAN SOSIOLOGI: Local Government in The Dynamics of The Commuity Economy: A Legal and Sociological Perspective Ajeng Permana; Aji Mulyana; Mia Amalia
Dialogia Iuridica Vol. 15 No. 2 (2024): Dialogia Iuridica Journal Vol. 15 No. 2 Year 2024
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v15i2.7872

Abstract

This research highlights the long-term impact of economic events such as the 1990 crisis and the impact of the Covid-19 pandemic, emphasising the important role of government and community participation in managing an economy that still lacks synergy. This research aims to provide a better understanding of the role of local government in the economic dynamics of the community as well as the importance of community participation in economic development. The research method used is a document study with a qualitative approach. Data was obtained from various sources, including relevant laws and regulations, journals and reports. The qualitative approach allows an in-depth understanding of individual views on the issue under study. Local governments have great authority in managing economic resources in their regions, including budget management and development infrastructure, in accordance with Law No. 9/2015 on the Second Amendment to Law No. 23/2014 on Regional Government. However, local government intervention in the economy can also create new dynamics in the social structure and affect the distribution of wealth. Prudent economic policies from the government play a crucial role in economic development, through the creation of policies that support investment, incentives for the development of small and medium enterprises, and the provision of infrastructure that supports economic growth in the region. The importance of community participation and the implementation of policies that support regional autonomy are key to building an inclusive and sustainable economy.
Kebijakan Non Penal untuk Menekan Tindak Pidana Narkotika Melalui Double Track System Januar Rahadian Mahendra
Dialogia Iuridica Vol. 15 No. 2 (2024): Dialogia Iuridica Journal Vol. 15 No. 2 Year 2024
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v15i2.7888

Abstract

This research will analyze the problems contained in the implementation of the double track system for narcotics crimes using Lawrence M. Friedman's legal system theory. The author uses normative legal research with a conceptual approach and deductive method accompanied by supporting data to produce a comprehensive and critical analysis to answer the problem. The purpose of this research is to find problems in the use of the double track system in narcotics crimes using Friedman's legal system theory, this is done because in Friedman's legal system theory will divide through three aspects, namely legal substance, legal structure, and legal culture in narcotics crimes. Based on the results of the research, the legal substance problem in narcotics crime is the existence of strict liability which can cause overcriminalization so that depenalization, decriminalization, and diversion policies are needed in the Narcotics Law. In addition, there is a tendency for judges in deciding narcotics cases to only use imprisonment without accompanying it with rehabilitation. In the legal structure, there are problems in the form of a lack of drug rehabilitation facilities, the strong retributive influence so that imprisonment is the main answer in dealing with problems, abuse of power committed by law enforcers, and imprisonment which is a criminogenic factor for narcotics crimes. While the problems in legal culture are stigmatization by the community, the need for confidentiality of identity, the influence of the surrounding environment, and the level of education and employment affect the incidence of drug crimes.
PERETASAN SITUS MILIK DEWAN KEHORMATAN PENYELENGGARA PEMILU OLEH H DITINJAU DARI UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK: Criminal Sanction Aggravation for Hacking of Sites Owned by Indonesian Election Organizer’s Honor Board Felicia Shadily; Go Lisanawati; Peter Jeremiah Setiawan
Dialogia Iuridica Vol. 15 No. 2 (2024): Dialogia Iuridica Journal Vol. 15 No. 2 Year 2024
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v15i2.8362

Abstract

This article was prepared based on the case of a person with the initials H who hacked a website belonging to the Election Organizer Honorary Council (DKPP). Due to his actions, the court found H guilty of committing a criminal act, without considering the aggravating elements as regulated in the criminal provisions. Based on these issues, the case study in this article aims to examine the application of criminal law penalties for hacking DKPP sites in the criminal provisions of the Law on Electronic Transactions and Information. Based on the normative juridical method and in accordance with the statutory regulatory approach and conceptual approach, H should be proven to fulfill the aggravation element with the addition of one third of the main criminal threat. This was because H hacked intentionally and without the right to change, add, subtract, or hide electronic information belonging to the government, namely the site www.dkpp.go.id. The site belongs to a government agency that has duties and authority regarding violations of the code of ethics by election organizers. The site is also used for various public services related to violations of the code of ethics by election organizers, including complaints and various information services related to DKPP and its duties and authorities.
EFEKTIVITAS HUKUM ADAT SASI DALAM PELESTARIAN SUMBER DAYA ALAM PADA MASYARAKAT AMBON: The Effectiveness of Sasi Customary Law in Preserving Natural Resources in the Ambon Community Alfons Vindy; Aryo Subroto
Dialogia Iuridica Vol. 15 No. 2 (2024): Dialogia Iuridica Journal Vol. 15 No. 2 Year 2024
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v15i2.8432

Abstract

This research aims to examine and analyze the regulation of Sasi customary law and the effectiveness of Sasi law in the right to conserve natural resources in Ambon society. This research is conducted using empirical legal research method. The results of the study show that Sasi customary law plays an important role in the conservation of natural resources of the Ambon community. Sasi customary law provides general guidelines on human behavior, establishes women's rights, prevents crime, distributes natural resources fairly, and determines how to manage natural resources at sea and on land.This research is also to determine the effectiveness of sasi customary law in saving the natural resources of the Ambon community, and that sasi customary law is able to be applied amidst social, economic and environmental changes in natural resource management, and researchers also examine the obstacles and challenges of implementing sasi customary law and evaluate the role of government and related stakeholders ini supporting natural resource conservation. Based on data analysis, there is a gap between the application of Sasi customary law and the real need to preserve environmental functions. As a recommendation, efforts are needed to create synergy between Sasi customary law and  regulation which applies, like Basic Agrarian Law, for ensure conservation sustainability and can provide insight into customary law which ca contribute to the conservation of natural resources. Strengthening the Ambon community's understanding and awareness of the importance of Sasi customary law is also key to improving its effectiveness.
Implementasi IMPLEMENTASI PENERAPAN HUKUMAN KEBIRI KIMIAWI TERKAIT KEPENTINGAN KORBAN DAN FUNGSI PEMIDANAAN :: TELAAH PERBANDINGAN NEGARA INDONESIA- AMERIKA SERIKAT Dian Simanjuntak Narwastuty
Dialogia Iuridica Vol. 15 No. 2 (2024): Dialogia Iuridica Journal Vol. 15 No. 2 Year 2024
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v15i2.8623

Abstract

Sexual crimes are a form of crime that is rife today. This can arise due to imbalances in the role of community oversight, weaknesses in law enforcement, and misuse of technology among the younger generation. It has transformed a form of conventional sexual crime into a modern sexual crime involving advanced technology and complicated syndicates. On the side of victims of sexual crimes, special handling is needed to solve sexual crime cases.  On the side of victims of sexual crimes, special handling is needed to solve sexual crime cases. This is done in the pattern of examination, submission of evidence, determination of suspects, even for trials that are carried out specifically. The victim needs to be protected, so a chemical castration is required. This study uses descriptive analysis methods for a number of regulations applicable in Criminal Law and Criminal Procedure Law. This research is also complemented by a literature approach in the form of Indonesian legal literature and legal journals to provide support for the implementation of chemical castration for sexual crimes. This paper shows that the Indonesian government should immediately impose chemical castration penalties against child predators. The Indonesian government must also ensure the certainty of the rights of children who are victims of child predators through chemical castration.

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