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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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Penyelesaian Sengketa dan Konflik Pertanahan di Indonesia: Kajian Politik Hukum: Resolution of Land Disputes and Conflicts in Indonesia: A Study of Legal Politics Setiawan Wicaksono; Bintang Bagas; Agung Reyhansyah
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.v16i1.9993

Abstract

Land plays a crucial role in the ecosystem for all living beings. It has many functions in human life due to its permanent nature and its necessity from birth until death. Its uses can be diverse, but the most evident is its role as a tool for production or profit extraction. In agrarian countries, land is essential for the prosperity and well-being of the people. However, in Indonesia, there are many agrarian disputes and conflicts caused by the increasing population and the decreasing availability of land, despite numerous legal and political efforts that have resulted in land-related regulations. This study aims to analyze the causes of the proliferation of land disputes in Indonesia. The research uses a normative method, which finds that the government lacks seriousness and political will to address the issue at its roots; government actions are limited to repressive measures and have not yet extended to preventive measures.
The Overview of Smart Contract: Legality and Enforceability Fatihani Baso; Dzakiyah Ulya Yusuf; Andi Novita Mudriani Djaoe; Iswandi Iswandi; Anisa Ramadhany
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.v16i1.10024

Abstract

The purpose of the research is to provide an overview of the legality and enforceability of smart contracts. The research aims to examine the legal implications of the use of smart contracts in agreements. The study used qualitative research. The type of this study is normative. The second primary legal are from journals, books, and news. The recognition of the validity of smart contracts can be achieved through the setting of special clauses in contracts that recognize their validity, especially in cross-border transactions that require the addition of choice of law and choice of jurisdiction clauses. Smart contracts offer a great opportunity to revolutionize business transactions and contract law with greater efficiency and autonomy. However, for this technology to be well integrated in the legal framework, it requires the development of regulations that address the challenges of legal validity, enforceability, jurisdiction, and data security. In Indonesia, although smart contracts are permitted, legal uncertainties in various jurisdictions indicate the need for more dynamic legal adaptation to support the development of this technology.
Unfair Access to Justice for Non-Indonesian Speakers Eni Candra Tampubolon
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.v16i1.10039

Abstract

Legal interpreter assistance has a direct impact on the outcomes of legal cases. This paper examines the availability of legal interpreters in Bali as one of the two provinces in Indonesia with the highest demand for legal interpreters and its impact on non-Indonesian speakers. This paper adopts a qualitative research method and draws data from collaborative research conducted between RMIT University and the University of Warmadewa, Bali. It draws data from legal practitioners in Bali with experience working with interpreters. The data was obtained through interviews using semi-structured questions in Indonesian. Subsequently, the responses were translated into English, and the emerging themes were analysed using both inductive and deductive processes. Data collected reveals a concerning shortage of legal interpreters in Bali and a notable disparity between the availability of English-speaking interpreters versus non-English languages. It also exposes the practice of using English-Indonesian language pair interpreters for non-English-speaking individuals due to the unavailability of interpreters in certain languages. This practice negatively impacts fair access to justice in Bali and at the same time increases the potential for future appeals
Urgensi Pengembangan Ruang Terbuka Hijau di Kota Bandung dalam Upaya Mewujudkan Kota Layak Anak : Urgency of Developing Bandung’s Green Open Spaces to Protect Children’s Right to a Healthy Environment Alifa Putriana; Ikhwan Aulia Fatahillah
Dialogia Iuridica Vol. 17 No. 1 (2025): Dialogia Iuridica Journal Vol. 17 No. 1 Year 2025
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v17i1.10241

Abstract

Abstract This article is written based on issues concerning the right to a healthy living environment through the development of Green Open Spaces and their relation to the concept of child-friendly cities. Every individual, regardless of background, is entitled to the right to a good and healthy environment. One of the key efforts to realize this right is to ensure the availability and proper development of Green Open Spaces. It would be much better if the green open spaces in every city were equipped with facilities that can support children's growth and development, especially in the city of Bandung which is currently on its way to becoming a Child-Friendly City. Based on empirical legal methods using primary sources and secondary ones obtained through literature research and interviews, the city of Bandung has not yet met the criteria for child-friendly green open spaces due to the lack of green open spaces equipped with children's play facilities as an effort to support children's growing process and development both educationally and psychologically. The necessity of providing green open spaces, such as city parks, with designs that consider the developmental stages of children, aims to create a comfortable and safe play environment for them, in order to realize Bandung City as a Child-Friendly City and to fulfil the right to a good and healthy living environment, as reflected in Article 65 (1) of Law Number 32 of 2009 on Environmental Protection and Management.
Ganti Rugi Korban Kecelakaan Pesawat Udara: Tanggung Jawab Maskapai atau Produsen Pesawat? (Studi Kasus Sriwijaya Air SJ 182): Compensation for Victims of Sriwijaya Air SJ182 Accident: Airline or Aircraft Manufacturer Responsibility? Dhafin Ramadhan; Rachminawati Rachminawati
Dialogia Iuridica Vol. 17 No. 1 (2025): Dialogia Iuridica Journal Vol. 17 No. 1 Year 2025
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v17i1.10493

Abstract

The Sriwijaya Air SJ 182 plane crash killed 62 passengers and cabin crew. For the death of passengers, the airline gave compensation to the victims of the plane crash. Some passengers accepted, but some refused because they wanted to sue Boeing as the aircraft manufacturer in the United States national court. This research attempts to analyse which party actually has the responsibility in providing compensation to victims of aircraft accidents. This research uses a normative juridical approach with an analytical descriptive method. This research uses the literature research method, with the main focus on primary, secondary, and tertiary legal sources. International law that regulates the responsibility for compensation of victims of aircraft accidents, namely the Warsaw Convention 1929 and the Montreal Convention 1999, only regulates airlines as the responsible party so there is a legal gap. Indonesian national law, which is supposed to fill the existing legal gap, also does not regulate the responsibility of aircraft manufacturers and only regulates the responsibility of airlines as the main carriers. Other countries such as the United States and the European Union fill the legal vacuum by using Consumer Protection Law, but this has not been implemented in Indonesia. The author concludes that there is a need for aviation regulatory reform at both the national and international levels that further regulates the liability of aircraft manufacturers to promote justice for victims and improve the security and safety of the global aviation industry.
Promoting Policy Awareness on the Rights of Special Needs Persons for Inclusive Education in Nigeria Odinakachukwu Emmanuel Okeke; Albert Ulutorti Green
Dialogia Iuridica Vol. 17 No. 2 (2025): Dialogia Iuridica Journal Vol. 17 No. 2 Year 2025
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v17i2.10895

Abstract

In order to effectively promote inclusion, this essay analyzes the urgent need for policy knowledge of the rights of people with special needs in Nigeria. Even with the passage of laws such as the Discrimination Against Persons with Disabilities Act, systemic obstacles and general ignorance still make it difficult to put these laws into practice. The importance of policy knowledge is examined in the article, with particular attention paid to how it may empower people with disabilities, promote social justice and equity, increase policy implementation, and foster community integration. According to the report, key tactics for increasing awareness include government accountability, capacity building, stakeholder engagement, technology distribution, and grassroots community-based activities. Examples include training teachers in inclusive education, using local languages in campaigns, advocating on social media, and putting in place monitoring systems to make sure laws pertaining to disabilities are being followed. These tactics highlight the value of teamwork in closing the gap between practice and policy. The paper concludes by emphasizing the moral and developmental imperatives of promoting awareness of disability rights. It demands effective public education campaigns, cooperation with NGOs and commercial sector stakeholders, accessible communication, digital activism, and the inclusion of disability rights in school curricula. Lastly, it suggests accountability and monitoring systems to guarantee that the policy is followed. Policymakers, educators, campaigners, and stakeholders who are dedicated to building a more inclusive society should use this article as a guide since it offers practical insights and real-world examples.
Analisis Pemenuhan Ganti Kerugian Nelayan Akibat dari Kebijakan Ekspor Pasir Laut Melalui Gugatan Perdata Clivio Rahardjo
Dialogia Iuridica Vol. 17 No. 1 (2025): Dialogia Iuridica Journal Vol. 17 No. 1 Year 2025
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v17i1.11286

Abstract

The issue in this research concerns an analysis of lawsuits filed by fishermen arising from the sea sand export policy, which may result in economic losses to their livelihoods. The purpose of this research is to analyze the legal claims submitted by fishermen against the government regarding the sea sand export policy that negatively affects their economic livelihood. This study employs a normative juridical methodology, utilizing a statutory, methodical, and conceptual approach based on a literature review. The Indonesian government reinstated the sea sand export scheme it had implemented after nearly 20 years. The sea sand export policy is regulated under Government Regulation Number 26 of 2023. This strategy has been largely rejected by the public, especially by environmental activists, due to concerns that it may damage the marine ecosystem. damage to the marine ecosystem will negatively impact the economic conditions of fishermen. This policy is considered to be in conflict with Article 33 paragraph (4) of the 1945 Constitution of the Republic of Indonesia. One of the initiatives taken by fishing communities to protect their economic rights is to take legal action against the government as the policymaker. Based on research, the sea sand export policy can be categorized as an unlawful act (perbuatan melawan hukum). Fishermen may file a civil lawsuit against the government on the basis of unlawful acts related to the sea sand export policy which is detrimental to their economic life.
The Urgency of Updating Buton Regency’s RTRW to Support Sustainable Tourism Development: Bahasa Indonesia Samsul Samsul; Eko Satria; L.M. Ricard Zeldi Putra; Muhammad Rahmatul; Muhamad Suntjungi
Dialogia Iuridica Vol. 17 No. 1 (2025): Dialogia Iuridica Journal Vol. 17 No. 1 Year 2025
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v17i1.11288

Abstract

Buton Regency possesses substantial tourism potential, encompassing natural, cultural, historical, and maritime attractions. However, the sector's contribution to the local economy remains limited due to misalignment between the Regional Spatial Plan (RTRW) and the Regional Tourism Development Master Plan (RIPPDA). This study aims to evaluate the alignment between the RTRW of Buton Regency (2013–2033) and the RIPPDA (2021–2026), and to propose strategic legal policy updates to support superior and sustainable tourism development. This is a normative legal research employing statutory and conceptual approaches. Data were obtained from regional legal documents, policy reports, and other secondary sources. The data were analyzed qualitatively using content analysis to assess the compatibility of legal norms and their impact on tourism development. The findings reveal significant inconsistencies between the RTRW and RIPPDA, particularly in tourism zoning and functional area designations. Such disharmony hampers tourism infrastructure development, reduces legal certainty, and poses risks to environmental sustainability. Proposed strategies include harmonizing RTRW norms with RIPPDA directives, conducting periodic reviews of the spatial plan, and integrating tourism needs into spatial planning frameworks. These efforts are expected to support the development of competitive and sustainable tourism destinations, contributing to economic growth in Buton Regency.
The Validity of Song Modifications Made by Unknown Identities (Anonymous) Under the Copyright Law Ahmad Khusnan Junaidi; Dwi Fidhayanti
Dialogia Iuridica Vol. 17 No. 1 (2025): Dialogia Iuridica Journal Vol. 17 No. 1 Year 2025
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v17i1.11404

Abstract

The rapid development of digital technology makes it easier for someone to disseminate music content illegally which causes harm to the creators or music copyright holders as a whole. This study aims to explain and analyze the validity of exclusive rights obtained by anonymous works that modify or rearrange other people's works. The research method used is normative juridical with a Legislative Approach and Conceptual Approach. Primary and secondary legal materials collected through literature study are then analyzed descriptively. The research findings show that the exclusive rights obtained by Anonymous for modifying other people's works without permission is an act of copyright infringement. So that the work produced by anonymous is considered invalid and cannot arise copyright, nor is it allowed for other parties to make new creations without the permission of the creator and / or copyright holder. Meanwhile, YouTube and TikTok have Terms of Service that regulate content uploads. However, there is a User Generated Content clause in TikTok which states that all uploaded content is not the responsibility of the platform. This research can contribute to the development of copyright law theory, especially related to the validity of exclusive rights to copyrighted works produced by anonymous identities.
Institutionalizing Non-Domination Principle in Anti-Corruption Reform of Indonesia’s Energy Governance Alfin Dwi Novemyanto; Rismawati Nur
Dialogia Iuridica Vol. 17 No. 2 (2025): Dialogia Iuridica Journal Vol. 17 No. 2 Year 2025
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v17i2.11558

Abstract

Corruption in energy governance in Indonesia reveals an imbalance of power between bureaucratic actors, corporations, and the public, giving rise to a form of structural domination that is difficult to overcome through conventional administrative approaches. This study offers a theoretical contribution by applying the principle of non-domination in republicanism theory as an analytical framework to understand the roots of this domination and assess the weaknesses in institutional design that enable corrupt practices, particularly in oil procurement and imports. Through a normative juridical method combined with doctrinal analysis and a case study of corruption at Pertamina during the 2018–2023 period, this study finds that corruption not only causes fiscal losses but also reduces the state's capacity to regulate the supply chain, deepens dependence on private and foreign actors, and weakens economic sovereignty as intended by Article 33 of the 1945 Constitution. The results of the study identify three institutional mechanisms that can operationalize the principle of non-domination in energy governance, namely procedural openness, independence of supervision and management of state-owned enterprises, and public objection mechanisms to review energy policies. These findings emphasize that anti-corruption reform requires a reconstruction of power structures, not just increased administrative compliance. This research contributes to the literature by combining republicanism theory with energy law and anti-corruption studies, while also opening space for further research on the application of the non-domination framework in other energy sub-sectors and in the governance of strategic resources in developing countries.

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