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Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara
Published by Sekolah Tinggi Ilmu Syariah wal Aqidah Ash-Shofa Tasikmalaya
ISSN : -     EISSN : 30900549     DOI : https://doi.org/10.64367/dialoglegal.v2i1.97
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara adalah jurnal ilmiah yang berfokus pada kajian-kajian hukum Islam (syariah), hukum positif (jurisprudensi), serta tata negara. Jurnal ini bertujuan menjadi wadah akademik untuk mengembangkan pemikiran hukum berbasis integrasi nilai-nilai keislaman, keadilan, dan kemanusiaan, serta memberikan kontribusi nyata terhadap pembentukan sistem hukum dan tata negara yang berlandaskan prinsip-prinsip universal. Jurnal ini menerima artikel hasil penelitian, kajian konseptual, dan tinjauan kritis yang berkaitan dengan: Hukum Syariah: aspek hukum Islam dalam kehidupan individu, masyarakat, dan negara. Jurisprudensi: analisis hukum positif, perbandingan sistem hukum, dan pengembangan teori hukum. Tata Negara: pembahasan tentang konstitusi, lembaga negara, hukum administrasi, dan relasi hukum dengan politik. Artikel yang diterbitkan dalam jurnal ini melewati proses peer-review ketat, memastikan kualitas dan relevansi akademik sesuai dengan standar publikasi ilmiah internasional. Dengan frekuensi terbit dua kali setahun, Dialog Legal menjadi platform bagi akademisi, peneliti, praktisi hukum, dan mahasiswa untuk berbagi wawasan, hasil riset, dan gagasan inovatif di bidang hukum.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 50 Documents
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Reformulation Of Mineral And Coal Mining Legal Policy Towards Strengthening The Principles Of Sustainability And Ecological Justice In Support Of The National Energy Transition Rahardjo, Anthony; Budianto, Azis
Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara Vol. 2 No. 1 (2026): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Wal Aqidah Ash-Shofa Manonjaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64367/dialoglegal.v2i1.134

Abstract

Mineral and coal mining (Minerba) is a strategic sector in the Indonesian economy, but its management practices continue to raise serious issues related to environmental damage and ecological injustice. In the context of the national energy transition towards cleaner and more sustainable energy use, existing mining legal policies are deemed not fully adaptive to the need for environmental protection and the rights of affected communities. This study aims to analyze the current legal regulations for mineral and coal mining, identify their weaknesses, and formulate a direction for legal reform that can integrate the principles of sustainability and ecological justice. Using a normative juridical approach, this study looks at several relevant laws, such as Law Number 32 of 2009 concerning Environmental Protection and Management, Law Number 3 of 2020, and Law Number 6 of 2023 about Job Creation. The results indicate an imbalance between the interests of resource exploitation and environmental protection, as well as weak recognition of the rights of local and indigenous communities. Reformulation of mining legal policies needs to be directed at strengthening sustainable development principles, enforcing ecological obligations for mining businesses, and providing regulatory support for energy diversification. These efforts must be accompanied by increased oversight and law enforcement capacity to effectively and sustainably achieve the goals of the energy transition and ecological justice.
Islamic Legal Reform In Facing The Challenges of The Digital Economy And The Islamic Financial System Amrullah, Amrullah; Richard, Richard
Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara Vol. 2 No. 1 (2026): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Wal Aqidah Ash-Shofa Manonjaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64367/dialoglegal.v2i1.135

Abstract

The development of the digital economy, including fintech, e-commerce, and Sharia-compliant digital assets, has created an urgent need for reform of Islamic law in regulating modern financial transactions. Although the basic principles of Islamic law, such as the prohibition of riba (usury), gharar (gharar), and maysir (risk of betting), as well as the provisions of Sharia contracts, serve as primary guidelines, practice demonstrates a gap between classical norms and the dynamics of the digital economy. The primary legal bases, namely the Qur'an (Qur'an, Surah Al-Baqarah: 275-279, Surah An-Nisa': 29) and the Hadith concerning buying and selling and contracts, are sometimes difficult to directly apply to digital instruments such as Sharia crowdfunding, digital tokens, and Sharia e-wallet services. Furthermore, fatwas issued by the National Sharia Council (DSN-MUI) and international standards such as AAOIFI and IFSB do not fully cover all financial technology innovations, creating legal uncertainty and challenges to Sharia compliance. Some digital transaction practices, such as the use of smart contracts, digital asset trading, and peer-to-peer lending, still require new interpretations to fulfill the principles of fairness, transparency, and equality in contracts. This research employs a normative juridical method with statutory regulations approach and Islamic legal concepts, utilizing secondary data from Islamic legal literature, national regulations, fatwas from the National Sharia Council (DSN-MUI), and AAOIFI and IFSB standards. The analysis aims to identify areas of Islamic law that must be updated or developed to accommodate innovations in the digital economy and the Islamic financial system. It also provides recommendations for regulators, academics, and practitioners in creating a digital financial ecosystem that is compliant with Islamic principles and legally secure.
Legal Void Regarding Discretion In The Police and The Urgency of Its Reformulation I Made Juni Artawan; Evita Isretno Israhadi
Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara Vol. 2 No. 1 (2026): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Wal Aqidah Ash-Shofa Manonjaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64367/dialoglegal.v2i1.146

Abstract

Discretion is an integral part of the authority of law enforcement officers in the modern state administration system, including within the Indonesian National Police. In the context of dynamic police duties and functions that often confront unexpected situations, discretion provides a means for officers to act swiftly to maintain public order and security. However, the use of discretion by the police also carries the potential for legal issues if not supported by a clear and measurable normative framework. The fundamental problem that arises is the indication of a legal vacuum or unclear boundaries and mechanisms for implementing such discretion, which have implications for the accountability of officers' actions in the field. The absence of detailed guidelines often leads to overlapping legal interpretations and opens up loopholes for abuse of authority. It raises an urgent need to reformulate the regulation of discretion in Indonesian police law to align with the principles of a state based on the rule of law that guarantee legal certainty, justice, and the protection of human rights. This research uses a normative juridical method, an approach that focuses on the study of primary and secondary legal materials, including laws, legal literature, and other relevant normative documents. This approach aims to analyze the concept of discretion in administrative law, evaluate applicable laws and regulations, and identify normative deficiencies in current police discretionary arrangements. With this framework, this research is expected to provide theoretical and practical contributions to the development of a more responsive and accountable police legal system
Perkawinan Campuran antara WNI dan WNA: Tinjauan Yuridis atas Status Kewarganegaraan dan Akibat Hukum di Indonesia Muhammad Muhammad
Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara Vol. 1 No. 3 (2025): September
Publisher : Sekolah Tinggi Ilmu Syariah Wal Aqidah Ash-Shofa Manonjaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64367/dialoglegal.v1i3.152

Abstract

Mixed marriages between Indonesian Citizens (WNI) and Foreign Citizens (WNA) are a phenomenon that is increasing along with global mobility. The difference in nationality in marriage raises various legal issues, especially related to citizenship status, the rights and obligations of husband and wife, and the status of children. This research aims to analyze legal problems in mixed marriages, identify the legal consequences caused, and formulate solutions based on the national legal framework that applies in Indonesia. This research uses normative legal research methods with legislative and conceptual approaches. The legal materials used include primary, secondary, and tertiary legal materials obtained through literature studies. The analysis was carried out qualitatively to examine the provisions in Law Number 1 of 1974 concerning Marriage as amended by Law Number 16 of 2019 concerning Marriage, as well as Law Number 12 of 2006 concerning Citizenship of the Republic of Indonesia. The results of the study show that the Marriage Law has not comprehensively regulated the consequences of the law on mixed marriage, especially related to legal choices and the common property regime. Arrangements regarding the status of children are regulated through provisions that link citizenship status to applicable law. Meanwhile, the Citizenship Act of 2006 provides more progressive legal protections, notably by removing citizenship provisions that discriminate against women and providing limited dual citizenship recognition for children of mixed marriages. The findings of this study confirm the need for more explicit harmonization of regulations and regulations regarding the legal consequences of mixed marriage to ensure legal certainty and protection for the parties.
Aktivisme Digital dan Demokrasi di Indonesia: Menegakkan Hak-Hak Konstitusional Warga Negara Dalam Kontitusionalisme Digital Indra Budi Jaya
Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara Vol. 2 No. 1 (2026): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Wal Aqidah Ash-Shofa Manonjaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64367/dialoglegal.v2i1.153

Abstract

The development of digital technology has shifted people's mindsets and brought about significant changes in democratic practices in Indonesia. Public activity spaces are now no longer limited to conventional spaces, but rather digital spaces, which have become new arenas for every citizen to freely express opinions, conduct oversight, and disseminate information as part of their digital rights. However, the discourse on democracy in the digital era raises serious challenges to the enforcement and protection of constitutional rights, which have subsequently transformed into digital constitutionalism. The background to this problem encourages the importance of discussing digital activism and its relevance to digital democracy, as well as how the government upholds citizens' constitutional rights within the framework of digital constitutionalism in Indonesia. The problem formulation in this paper is: First, How is digital activism and digital democracy in Indonesia? Second, the digital constitutional framework and its implementation on citizens' rights in Indonesia. The analytical method used in this study is normative juridical research with a conceptual approach and a statutory approach. The results of the analysis show that digital activism has become a new space for political participation and public control that creates a digital society (digital citizenship). However, digital activism should not be reduced to mere techno-determinism, considering the shadow of pseudo-participation often follows digital activism. The digital constitutional framework actually starts from constitutional rights guaranteed through the Constitution and other implementing regulations. Adaptation of technological applications has shifted the concept of human rights to be broader, such as the right to data privacy, the right to express oneself on the Internet, and the right to obtain information.
Kepastian Hukum dalam Perjanjian Sebagai Fondasi Kepercayaan Publik Terhadap Lembaga Penegak Hukum di Indonesia Indriati Indriati
Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara Vol. 1 No. 3 (2025): September
Publisher : Sekolah Tinggi Ilmu Syariah Wal Aqidah Ash-Shofa Manonjaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64367/dialoglegal.v1i3.156

Abstract

Legal certainty in contracts constitutes a fundamental foundation for safeguarding the rights and obligations of the parties and for strengthening public trust in law enforcement institutions. However, in practice, contract litigation often encounters various obstacles, including the complexity of evidentiary procedures, prolonged case resolution, and difficulties in enforcing court judgments. These conditions influence public perceptions of the integrity and institutional capacity of the judiciary in delivering justice. This study aims to analyze the relationship between legal certainty in contracts and the level of public trust in law enforcement institutions, particularly through public experiences in litigation processes involving breaches of contract. This research employs a qualitative approach using a literature review method that examines relevant academic literature, statutory regulations, and court decisions related to contract law and the effectiveness of the judicial system. The findings indicate that the complexity of evidentiary procedures, extended duration of case resolution, and challenges in enforcing court decisions are key factors shaping public perceptions of judicial effectiveness. An analysis of Decision Number 05/PDT/2020/PT SMR demonstrates that the quality of judicial decisions and the effectiveness of their enforcement are closely linked to the level of public trust in legal authorities. Therefore, improving the quality of judicial reasoning, simplifying procedural mechanisms, and strengthening enforcement processes are essential steps to reinforce legal certainty in contractual relations while enhancing public confidence in Indonesia’s legal system.
Analisis Yuridis Penanganan Pasien Gawat Darurat di Rumah Sakit Kurnia Cilegon Berdasarkan Undang-Undang Kesehatan Wawan Ari Kuncoro; Agus Ariadi
Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara Vol. 2 No. 2 (2026): Mei
Publisher : Sekolah Tinggi Ilmu Syariah Wal Aqidah Ash-Shofa Manonjaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64367/dialoglegal.v2i2.167

Abstract

Emergency services in the Emergency Installation must prioritize the safety of patients' lives over administrative or financing interests. The birth of Law Number 17 of 2023 concerning Health has further strengthened the doctrine of anti-dumping or the prohibition of refusal of patients in health facilities. However, in today's society, there is a strong misconception that the restriction of emergency handling claims is a unilateral regulation issued by the Health Social Security Organizing Agency. This study aims to analyze the conformity of the Triage Operational Procedure Standard at Kurnia Cilegon Hospital with Law No. 17 of 2023 and to straighten out the juridical understanding of the origins of the emergency criteria regulation. The research method used is normative juridical with a statute approach through the analysis of legal documents. The results showed that the Standard Patient Triage Operating Procedures at Kurnia Cilegon Hospital has clinically adopted the Australasian Triage Scale. The main obstacle to the implementation of this rule stems from the disparity in the regulation of emergency criteria set by the Ministry with the absolute norm of life protection in the Health Law, the limitation of medical facilities, and the hospital's anxiety about the risk of unclaimed medical service costs. The public's lack of understanding regarding the restriction of emergency criteria accused of the Health Social Security Administration Agency needs to be straightened out, because the Health Social Security Administration Agency acts as the implementing agency for operational guarantees that comply with the regulatory order of the Ministry of Health.
Peran Pemerintah dalam Mengatur Dampak Pertambangan Tanah di Kecamatan Tambang Ulang Berdasarkan UU Nomer 3 Tahun 2020 dan UU Nomer 38 Tahun 2004 Hikmah Aulia
Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara Vol. 2 No. 2 (2026): Mei
Publisher : Sekolah Tinggi Ilmu Syariah Wal Aqidah Ash-Shofa Manonjaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64367/dialoglegal.v2i2.79

Abstract

This study aims to analyze the role of the government in regulating the impact of soil mining activities on public roads in Tambang Ulang District, South Kalimantan. Using a normative juridical approach, the research examines the effectiveness of the implementation of Law No. 3 of 2020 on Mineral and Coal Mining and Law No. 38 of 2004 on Roads. The findings indicate that although a regulatory framework exists, its implementation remains weak due to the centralization of licensing and oversight authority to the national government. This has limited the role of local governments in mitigating the negative impacts of mining. Poor inter-agency coordination, weak supervision, and a lack of firm law enforcement have allowed illegal mining activities to flourish. As a result, public roads suffer from severe damage, environmental pollution increases, and the health and comfort of local communities are compromised. Mining operators often neglect their obligations to carry out land reclamation and road maintenance, shifting the social and economic burden onto the surrounding population. This study recommends stronger synergy between central and local governments in monitoring and law enforcement, enhanced local capacity in environmental management, and increased community participation in overseeing mining activities. These efforts are essential to ensure that mining operations are conducted in a sustainable and responsible manner, without undermining public infrastructure and welfare.
Implementasi Kebijakan Pemerintah Daerah Dalam Perda No. 5 Tahun 2016 Tentang Pengelolaan Usaha Perkebunan Kelapa Sawit di Kabupaten Barito Kuala Kalimantan Selatan Muna Havid
Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara Vol. 2 No. 2 (2026): Mei
Publisher : Sekolah Tinggi Ilmu Syariah Wal Aqidah Ash-Shofa Manonjaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64367/dialoglegal.v2i2.90

Abstract

Regional regulation (Perda) number 5 of 2016 in Barito Kuala Regency specifically regulates the management of oil palm plantation businesses which are the main plantation products in Indonesia and have a major influence on the regional and national economy. The implementation of this policy is crucial because it is directly related to environmental sustainability, business governance, and the welfare of local residents. This study aims to examine the Implementation of the Regional Government Policy of Barito Kuala Regency through Regional Regulation Number 5 of 2016 concerning Management of Oil Palm Plantation Businesses. The results of the study indicate that the policy has provided a direction for sustainable management, but its implementation faces a number of obstacles such as limited supervision, administrative obstacles, and land conflicts. Regional Regulations play an important role in organizing oil palm businesses that support community welfare while maintaining environmental sustainability.
Meninjau Posisi Mitra Ojek Online Dalam Hukum Ketenagakerjaan di Indonesia Rinaldi Adie Putro; Agus Ariadi
Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara Vol. 2 No. 2 (2026): Mei
Publisher : Sekolah Tinggi Ilmu Syariah Wal Aqidah Ash-Shofa Manonjaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64367/dialoglegal.v2i2.182

Abstract

Based on the online motorcycle taxi (ojek online) sector in Indonesia, such as Gojek and Grab, this has given rise to a new form of working relationship that cannot be fully defined as an ordinary employment relationship. Partnering with online motorcycle taxi platforms is based solely on a partnership agreement rather than an employment agreement, meaning these partners do not receive the legal protection granted to workers or laborers as regulated under Manpower Law No. 13 of 2003 and its amendment under the Job Creation Law. This research aims to examine the legal position of online motorcycle taxi partners within Indonesia's labor law system and to identify the gaps in their legal protection. This research employs a normative juridical research method, comprising legislative, conceptual, and comparative legal approaches. The research findings indicate that, structurally, digital platforms and driver-partners exist in a relationship of subordination similar to that found in an employment relationship, yet the relationship formally takes the shape of a partnership. This situation creates a legal protection vacuum for partners, who face risks of income insecurity, inadequate social security, and the absence of a clear process for resolving disputes. Therefore, this research recommends establishing a distinct legal status for digital platform workers in Indonesia, in line with the concept of a third category of worker, or independent worker, applied in several other countries.

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