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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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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.
MENAKAR PELUANG PELINDUNGAN INDIKASI GEOGRAFIS PADA BIDANG JASA DALAM KERANGKA HUKUM INDONESIA: SEBUAH DIAGNOSA AWAL Muh. Ali Masnun
Dialogia Iuridica Vol. 13 No. 1 (2021): Journal Dialogia Iuridica Vol 13, No.1 Year 2021
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v13i1.3198

Abstract

The protection of geographical indications in Indonesia is still limited to the goods sector, but not yet for the service sector. The purpose of this study is to analyze the opportunities for the protection of geographical indications in the service sector within the legal framework in Indonesia. This research is a doctrinal research using a conceptual and statute approachs. The results of the study can be concluded that the opportunity for protection of geographical indications in the service sector is very good with an argument consisting of 4 aspects, including the provisions of the TRIPS agreement which are open, the potential for uniqueness of the region. based services, protection through the relative geographical indications still has weaknesses, and protection through communal intellectual property (traditional knowledge) is also relatively weak. The opportunities for the protection of geographical indications are also very relevant to several legal protection theories, including: predictive and anticipatory legal protection theory, integrative and coordinative theory, and social ownership theory.
RELEVANSI PENGECUALIAN PRAKTIK MONOPOLI TERHADAP PERUSAHAAN BUMN DALAM MERGER TIGA BANK SYARIAH BUMN Chandra Manungsa Alit; Yeti Sumiyati
Dialogia Iuridica Vol. 13 No. 1 (2021): Journal Dialogia Iuridica Vol 13, No.1 Year 2021
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v13i1.3618

Abstract

This study examines the following issues: first, whether the merger of 3 state-owned sharia banks is included in the criteria for monopolistic practice as an activity prohibited in the Law on monopolistic practices and unfair business competition. Second, what is the relevance of the provisions of the exclusion of monopolistic practices on BUMN in the Law on monopolistic practices and unfair business competition to the merger of 3 BUMN sharia banks. This study uses a normative juridical method. The results showed that the merger or merger of 3 state-owned sharia banks could potentially lead to monopolistic practices and unfair business competition as prohibited by Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition.
URGENSI PEMIDANAAN BAGI PELAKU PERDAGANGAN PENGARUH (TRADING IN INFLUENCE) DARI KALANGAN NON PEJABAT PUBLIK DALAM RANGKA PEMBERANTASAN TINDAK PIDANA KORUPSI Joice Viladelfia; Rahel Octora
Dialogia Iuridica Vol. 13 No. 1 (2021): Journal Dialogia Iuridica Vol 13, No.1 Year 2021
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v13i1.3660

Abstract

Cases of trading in influence in Indonesia have been rife with different modes, but there is no explicit regulation regarding the offense of influence trading so far. Trading in influence is mostly carried out by both state officials and non-public officials, who have access to public authorities. This paper discusses how the regulation of trading in influence by non-public officials is related to the enactment of the Corruption Act , as well as how the urgency of criminalizing the act of trading in influence (trading in influence) in order to optimize the eradication of Corruption. This research uses a juridical-normative method, with a statutory approach and a conceptual approach. Data collection is carried out by means of a literature study. This data processing is processed and analyzed qualitatively. The result of this research is that the legal system in Indonesia (in this case the Anti-Corruption Law) has not strictly regulated the actions of Trading Influence Influence, so it is necessary to revise the PTPK Law, to include the rules of Trading Influence. The formulation of the offense of trading in influence in Indonesia as part of a criminal act of corruption is considered very urgent in order to optimize the eradication of corruption.
TINJAUAN HUKUM INTERNASIONAL TERKAIT PENETAPAN WILAYAH KONSERVASI OLEH INGGRIS TERHADAP KEPULAUAN CAGOS YANG MASIH DALAM PERSENGKETAAN DENGAN MAURITIUS Yanti Fristikawati; Ronaldo Lado
Dialogia Iuridica Vol. 13 No. 1 (2021): Journal Dialogia Iuridica Vol 13, No.1 Year 2021
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v13i1.3699

Abstract

Every states have the rights or jurisdiction over their territory in the land and sea, and to protect their specific environment, they also have the right to purpose part of their territory as a Protected Area. Chagos archipelago is rich in the marine biodiversity which have to protect This island which place in the Indian Ocean used to be a British Colony, and in 1968 after Mauritius independence, British still exist in Chagos island based on their agreement with Mauritius to use this island for a few year, because British also have the agreement with US to use one of the island (Diego Garcia) as US Millitary Camp. In 2010 British purpose the Chagos archipelago as a protected area, which against by Mauritius, because the Cahgos Island is not British territory, its Mauritius’s territory. Based on UNCLOS 1982 only the coastal state have the rights of their marine biodiversity in their ZEE. The Convention on Biodiversity 1992, also mentioned about the rights of states to protect their biodiversity by using as protected area. IUCN as an international organization has the guidance about protected area that can be use to discuss the Chagos marine protected areas.
URGENSI PENGATURAN UNDANG-UNDANG PASAR FISIK ASET KRIPTO (CRYPTO ASSET) Hans Christoper Krisnawangsa; Christian Tarapul Anjur Hasiholan; Made Dharma Aditya Adhyaksa; Lourenthya Fleurette Maspaitella
Dialogia Iuridica Vol. 13 No. 1 (2021): Journal Dialogia Iuridica Vol 13, No.1 Year 2021
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v13i1.3718

Abstract

Crypto Assets is a new alternative investment concept in Indonesia. The legal basis for regulating crypto assets currently in force in Indonesia cannot accommodate the development of the Crypto assets concept which continues to undergo significant changes. The physical market for crypto assets is incompatible when regulated by the provisions of Law Number 32 of 1997 on commodity futures trading and its amendments, namely Law Number 10 of 2011 because the physical market has conceptual differences with the provisions of the futures market in general. The object traded in the physical market is the commodity, while in the commodity futures market the object is futures contracts (and their derivatives) for commodities traded in the physical market. The scope of the commodity futures market as regulated in Article 1 of the Commodity Futures Trading Law does not accommodate commodity trading in the physical market. The urgency of regulating the physical market for crypto assets with a separate law is the implementation of the principle of legal certainty and protection of crypto asset investors. The method used in writing this journal is normative research using books, journal references, and laws and regulations that are relevant to the legal issues in this study. The results of this study indicate that the regulation of the physical law on crypto assets is needed because crypto assets should be regulated into two separate arrangements so that it is not appropriate if the regulation regarding crypto assets is only accommodated by the Commodity Futures Trading Law.

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