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Program Sarjana Ilmu Hukum Fakultas Hukum dan Bisnis Digital Universitas Kristen Maranatha Jl. Surya Sumantri No. 65 Sukawarna, Kec. Sukajadi, Kota Bandung, Jawa Barat, 40164
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Dialogia Iuridica
Published by Universitas Kristen Maranatha
ISSN : 20859945     EISSN : 25793527     DOI : https://doi.org/10.28932/di
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The scope of the articles published in this journal deal with a broad range of topics, including: Administration Law; Banking Law; Business and Investment Law; Intellectual Property Law; Competition Law; Consumer Protection Law; Constitutional Law; Criminal Law; Medical Law; Environmental Law; Economic Law; Employment Law; Environmental Law; Franchise Law; Insurance Law; Private Law; Private International Law; Procedural Law; Public International Law; Taxation Law; Related Legal Issues.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 149 Documents
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POLA DAN PEMERINTAH DALAM PENCEGAHAN TRAFFICKING IN PERSONS DI LOMBOK TIMUR Nunung Rahmania; Atika Zahra Nirmala; Zahratul'ain Taufik; Aryadi Almau Dudy; Suheflihusnaini Ashady
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.v15i1.7564

Abstract

Human Trafficking is an iceberg phenomenon that is growing all over the world including in Indonesia. Indonesia is a tier 2 surveillance country because human trafficking cases are still high and one of the regions contributing to human trafficking cases is East Lombok Regency, West Nusa Tenggara. The purpose of this study is to analyze and find out how pattern of human trafficking in East Lombok and the role of the East Lombok Regency government in preventing human trafficking. The results showed that first, pattern human trafficking in East Lombok Regency which starts from the recruitment process carried out by neighbors, family, friends, and people who first go abroad, document forgery and manipulation of victims' data are made outside the East Lombok Regency area, and the departure process is relay and departure is not from East Lombok Regency but from the area where the documents are made. Second, the role of the East Lombok Regency Government for prevent human trafficking by conducting scheduled socialization in villages/villages that are vulnerable to human trafficking victims, forming Productive Migrant Villages, and providing training to retired migrant workers/families by forming novice business heroes. However, the Government's efforts to prevent human trafficking have not been maximized and effective due to the lack of coordination between related institutions and public awareness of the dangers of trafficking in persons.
Dampak hukum, lahan sawah dilind Dampak Hukum Keputusan Menteri Atr/Bpn Nomor 1589/Sk-Hk.02.01/Xii/2021 Tentang Lahan Sawah Dilindungi Terhadap Hak Milik Atas Tanah. Wahyuddin Wahyuddin; Allan Mustafa Umami; Fatria Hikmatiar Al Qindy
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.v15i1.7566

Abstract

Land ownership rights are the strongest, fullest rights and can be defended by anyone. According to Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles, the state has the right to control. The government issued a regulation regarding protected rice fields which only determines the area of ​​rice fields for each region as determined by the Minister of Atr/Bpn Decree Number 1589/Sk-Hk.02.01/Xii/2021 concerning Protected Rice Fields without explaining in more detail the government's responsibilities towards the communities involved. The land is designated as a protected rice field. The formulation of the problem in this research are what is the impact and legal force of the Decree of the Minister of Atr/Bpn Number 1589/Sk-Hk.02.01/Xii/2021 have on land ownership rights. The objectives of this research are to determine the legal impact and the legal strength of the Decree of the Minister of Atr/Bpn Number 1589/Sk-Hk.02.01/Xii/2021 on land ownership rights. The research method in this study uses normative research methods, namely examining regulations and legal doctrine from legal experts. The results of this research, with the Decree of the Minister of Atr/Bpn Number 1589/Sk-Hk.02.01/Xii/2021, have resulted in the ownership rights to land affected by the designation of protected rice fields not being able to be fully utilized. Then the legal force of the Decree of the Minister of Atr/Bpn Number 1589/Sk-Hk.02.01/Xii/2021 concerning protected rice fields becomes less strong and irrelevant because the rules are unclear and conflict with higher regulations.
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.
Adopting European Union Legal Frameworks for Restructuring ASEAN: Pathways to Regional Stability Isroni Muhammad Miraj Mirza; Oksha Dwi Anugrah Panjaitan; Andre Arya Pratama
Dialogia Iuridica Vol. 16 No. 1 (2024): Dialogia Iuridica Journal Vol. 16 No. 1 Year 2024
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v16i1.8663

Abstract

Eversince its establishment, ASEAN has adopted a strict approach in tackling regional issues known as the ASEAN WAY including its non-intervention principle. In that regard, it requires consensus from all ASEAN member states without exception, no matter how long it takes before such problems can be addressed through ASEAN as a regional    organization. If consensus is unfeasible, the problems will remain unresolved. Issues inflicting Rohingya ethnic, South China Sea, etc., are prime examples on ASEAN’s weakness     as an institution. Compared to the European Union as a Supranational Organization, it has a more systematic and flexible approach in solving regional issues. The purpose of this research   is to analyze to what extent EU law is applicable within ASEAN’s organizational structure to ensure a robust ASEAN integration so that one day it can achieve the status of a supranational organization like the European Union. This research method uses a normative juridical approach by analyzing the principles and instruments of international law applicable within ASEAN organizational structure, one of which is the ASEAN CHARTER as a   legal basis that applies for all ASEAN member states, and further to what extent EU Law (EU     LAW) is applicable within ASEAN organizational structure. The conclusion in this study is enhancing ASEAN's effectiveness in tackling regional issues and quickly adapting to global challenges such as the European Union, ASEAN countries must ignore differences and concentrate on restructuring ASEAN by redefining ASEAN   Way and the Non-Intervention Principle for stronger regional integration and stability.
DIGITAL-BASED HEALTH LAW SYSTEM TRANSFORMATION IN INDONESIA: LEGAL PROTECTION FOR PATIENTS AND HEALTHCARE WORKERS Muhammad Haris Makarim; Enggar Wijayanto
Dialogia Iuridica Vol. 16 No. 1 (2024): Dialogia Iuridica Journal Vol. 16 No. 1 Year 2024
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v16i1.9422

Abstract

Technological developments in the use of telemedicine have many benefits and advantages, but the practice of telemedicine also has vulnerabilities related to certainty, justice and legal usefulness as a form of legal balance in providing legal protection for patients and health workers. This study aims to analyze telemedicine practices in Indonesia with the variables of protecting the rights of patients, health workers, and data security in the formulation of national policies after the enactment of Law Number 17 of 2023 concerning Health and also Government Regulation Number 28 of 2024 as its Implementing Regulations. The research methods used are doctrinal research with an analytical approach, and a conceptual approach. The results of the study show that after the enactment of Law Number 17 of 2023 concerning Health, there is a progressive direction towards telemedicine regulation which will be regulated in derivative regulations of the Law. From the review of responsive law, the state has the responsibility to be present to provide legal protection for the use of telemedicine for both patients and health workers, this is solely to achieve the principle of Gustav Radbruch's legal goals with certainty, justice, and legal benefits.
Copyright Protection of Owners for Commercialized Use of Created Song Without Permission Maria Priska Seran; Lukman Hakim; Muhammad Ramadhana Alfaris
Dialogia Iuridica Vol. 16 No. 1 (2024): Dialogia Iuridica Journal Vol. 16 No. 1 Year 2024
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v16i1.9503

Abstract

The current increase in the music industry in Indonesia is in line with the development of the complexity of the legal issues that accompany it. This then triggers the emergence of disputes over works in the music industry in cases of copyright for a work. Like the copyright infringement case that occurred between Ahmad Dhani and Once Mekel. This research aims to answer two legal issues, namely to analyze legal protection for copyright holders for commercial use of written songs without permission and to determine the legal consequences for commercial use of written songs without the creator's permission. The research method used in this research is analytical descriptive which describes the problems that occur which will be explained qualitatively. Based on the existing analysis, Ahmad Dhani has carried out preventive protection by informing the media that there is a prohibition on performing the song Dewa19 at commercial music concerts. The legal consequences for both civil and criminal violations have been regulated in Article 113 of Law No. 28 of 2014 concerning Copyright for violation of Economic Rights. The conclusion of this research is the issuance of Government Regulation No. 56 of 2021 to prioritize legal certainty and legal protection for creators regarding economic rights. The song copyright violation was committed by Once Mekel who sang the song Dewa19 without Ahmad Dhani's permission and did not pay royalties and this violation is regulated in Article 113 of Law No. 28 of 2014 concerning Copyright.

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