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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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INDONESIA
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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The Hidden Cost of Creativity: How Poster Design Competitions Facilitate Economic and Moral Rights Appropriation in Indonesia Afriansyah Tanjung
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.v17i2.11692

Abstract

Design competitions have become a prominent avenue for students and emerging designers in Indonesia to gain visibility, yet the copyright terms embedded in these contests often conceal significant legal and ethical risks. This study investigates whether poster design competitions genuinely empower creators or instead function as mechanisms for the systematic appropriation of economic and moral rights. Using an empirical legal research methodology with qualitative online ethnography, the study observes competition cycles across ministries, local governments, universities, and private institutions. Competition guidelines, terms and conditions, and post-competition publications were coded to identify patterns of copyright transfer, exclusivity obligations, and moral rights waivers, these findings were interpreted against Indonesia’s 2014 Copyright Law and broader socio-legal scholarship. The analysis reveals that many competitions require participants to automatically transfer full copyright ownership merely by submitting their work without a valid written agreement rendering such transfers legally defective. Moreover, several competitions implicitly or explicitly demand waivers of moral rights, which are inalienable under Indonesian law. These practices compromise fair attribution, limit portfolio development, and disadvantage young designers who rely on credited works for career advancement. Rather than fostering creativity, many competitions replicate power imbalances and extract value from creators without adequate recognition or compensation. By exposing how design competitions blur the line between opportunity and exploitation, this study invites deeper reflection on the governance of creative labor in Indonesia. The findings underscore the need for clearer contractual safeguards and regulatory oversight to ensure that competitions operate ethically, legally, and in genuine support of creative development.
Antara Hukum dan Geopolitik: Peran Amerika Serikat dan Independensi Mahkamah Internasional pada Sengketa Essequibo Diva Islami Putri Ansor
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.v17i2.12163

Abstract

The Guyana–Venezuela territorial dispute over the Essequibo has re-emerged following the discovery of offshore oil reserves in 2015 and the growing involvement of the United States (US) through diplomatic support and military cooperation. This study examines the legal limits of third-state involvement under the principle of non-intervention and the intervention mechanism before the International Court of Justice (ICJ), while assessing the impact of US support on perceptions of the ICJ’s impartiality and independence. The research adopts a normative juridical approach with a descriptive-analytical method. Data was collected through library research covering primary legal instruments, relevant jurisprudence, academic literature, and official documents. The findings indicate that, although the ICJ’s institutional independence remains intact, US involvement surrounding the proceedings may generate external pressure that could affect perceptions of impartiality during dispute settlement. Accordingly, the parties should comply with the ICJ’s provisional measures, and third states should limit their support to non-coercive forms.
Tantangan Penyelesaian Sengketa Internasional melalui Investor-State Dispute Settlement (ISDS): Studi terhadap Posisi Indonesia dalam Melindungi Kepentingan Umum Fiant Lintang
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.v17i2.12166

Abstract

This study examines the structural challenges arising from the Investor-State Dispute Settlement (ISDS) mechanism and its impact on a country’s ability, particularly Indonesia, to protect the public interests. In practice, ISDS often positions the state in a subordinate role, where policies designed to safeguard societal rights, environmental protection, and public health become targets of foreign investor claims. The study aims to analyze structural imbalances within ISDS, assess their effects on Indonesia’s regulatory sovereignty, and explore strategies for reforming investment law to balance investor protection with public interest. The research employs a normative juridical approach, analyzing bilateral and multilateral investment agreements, arbitral decisions, and relevant national policies. The findings of this study indicate that the dominance of the investor-centric paradigm in ISDS weakens the capacity of developing states to formulate progressive public policies. Therefore, Indonesia needs to restructure its investment law instruments by emphasizing social justice, transparency, and sustainability, without diminishing legal certainty for investors. The results of this research are expected to contribute to the formulation of an investment law framework that is fair, democratic, and aligned with sustainable development.
Rationale for Indonesia-EFTA Regional Trade Agreement Formation Linked to GATT 1994's 'Substantially All Trade' Fachrudin Sembiring
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.v17i2.13006

Abstract

The increasing number of Regional Trade Agreements (RTAs) worldwide reflects the shift from multilateral to regional trade liberalization, posing challenges to the World Trade Organization (WTO) framework under Article XXIV of GATT 1994. Indonesia’s participation in the Indonesia–EFTA Comprehensive Economic Partnership Agreement (IE-CEPA) raises the question of whether the agreement satisfies the “substantially all trade” requirement and whether it is driven by economic or political rationale. This paper hypothesizes that Indonesia’s formation of the IE-CEPA was predominantly political rather than economic, aiming to strengthen diplomatic relations and strategic positioning in Europe rather than to expand market access. Using a normative legal method supported by trade data analysis. The findings reveal that while Indonesia and EFTA have formally satisfied the legal test of “substantially all trade,” the underlying rationale for Indonesia’s participation is predominantly political rather than economic. The agreement reflects Indonesia’s diplomatic ambition to strengthen its strategic relations with Europe, indicating that compliance with the “substantially all trade” clause serves more as a legal formality than an instrument of genuine trade liberalization.
Kenotariatan Reformasi Tata Kelola Majelis Pengawas Notaris untuk Mewujudkan Akuntabilitas Profesi Kenotariatan di Indonesia Romy Agus Setiyanto
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.v17i2.13273

Abstract

Notaries play an essential role in ensuring legal certainty through authentic deeds, yet the governance of the Supervisory Council of Notaries in Indonesia continues to face regulatory, institutional, and digitalization challenges. This study aims to formulate governance reforms to strengthen the accountability of the notarial profession. It employs a narrative review of 25 international journal articles selected through a structured process of identification, screening, and thematic analysis. The articles were examined across four thematic areas: ethics, regulation, institutional governance, and digital technology. The findings show that formal regulation alone is insufficient to guarantee accountability without the support of strong professional ethics and effective institutional mechanisms. The Supervisory Council of Notaries remains weak in terms of resources and sanction enforcement. Meanwhile, digitalization through electronic deeds, online promotion, and blockchain offers opportunities for transparency while simultaneously presenting risks to professional integrity. In conclusion, governance reform for the Supervisory Council of Notaries requires a hybrid approach that integrates ethics, regulation, institutional capacity, and technology. As recommendations, this study encourages strengthening the human resource capacity of the Supervisory Council, harmonizing regulations on electronic deeds and online promotion, and developing more transparent and independent oversight mechanisms, including the adoption of relevant technological tools. This study contributes to the literature on professional accountability in law and provides practical guidance for enhancing notarial oversight in Indonesia.
Analysis Analisis Efektivitas Program Penyuluhan Hukum dalam Menekan Penyakit Masyarakat dan Kenakalan Remaja di Kota Bogor Andri Brawijaya; Henny Nuraeny
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.v17i2.13451

Abstract

Legal awareness is a crucial factor in preventing the emergence of social ills and juvenile delinquency. The phenomena of drug abuse, promiscuity, brawls, and various other forms of deviant behavior reflect a weak understanding and compliance with legal norms among the community, especially the younger generation. This low legal awareness not only has an impact on increasing the potential for legal violations, but also threatens social order and security stability in the community. This study focuses on two main problems, namely (1) the factors causing low legal awareness in the community, and (2) a conceptual model of legal awareness that can be applied to prevent deviant behavior. The purpose of this study is to identify the determinants that influence low legal awareness and to formulate a collaboration-based legal awareness model that can be implemented in an integrated manner by the government, law enforcement officers, educational institutions, community leaders, and families. The method used is a literature study with a qualitative approach through analysis of literature, laws and regulations, and the results of relevant previous research. The results of the study indicate that low legal awareness is influenced by the low level of legal education in the community, weak social control functions of families, minimal involvement of religious and community leaders in moral development, and inconsistency in law enforcement. The proposed conceptual model emphasizes early legal education, strengthening the role of the family, optimizing religious and social activities, increasing persuasive public campaigns, and implementing firm but humane law enforcement.
Konstruksi Hukum Unsur Mens Rea Dan Kerugian Keuangan Negara Dalam Tindak Pidana Korupsi Pada Badan Usaha Milik Negara (BUMN): Legal Construction of State Financial Loss and the Implementation of the Business Judgment Rule in Act Number 16 of 2025 Beniharmoni Harefa; Siswanto Siswanto
Dialogia Iuridica Vol. 18 No. 1 (2026): Dialogia Iuridica Journal Vol 18 No. 1 Year 2026
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v18i1.13869

Abstract

State-Owned Enterprises (SOEs) hold a strategic position in the national economic as both economic actor and instruments of the state in promoting public welfare. However, this position gives rise to juridical complexities, particularly concerning directors’ liability for corporate losses that are often classified as state financial losses. This issue has become more prominent following the enactment of Law Number 16 of 2025 on SOEs, which not only strengthens corporate governance but also clarifies the boundary between business risk and unlawful conduct. This research aims to analyze the relationship between mens rea, state financial losses, and corruption offenses within the newly established legal framework governing SOEs, as well as to examine the application of the BJR in limiting the criminalization of business decisions. The research employs a normative juridical method with statutory, case, comparative, and conceptual approaches. The findings indicate that not all losses incurred by SOEs can be classified as state financial losses in the criminal law sense. Criminal liability requires the cumulative fulfillment of state loss, unlawful conduct, and mens rea. In this context, the BJR serves as a legal protection mechanism for directors who act in good faith, with due care, and without conflict of interest, while maintaining a balance between legal certainty, accountability, and managerial discretion
ANTINOMI KONSTITUSI: TRANSISI MASA JABATAN DAN QUO VADIS PEMILU PASCA PUTUSAN MAHKAMAH KONSTITUSI No. 135/PUU-XXII/2024 Adhe Ismail Ananda; La Ode Dedihasriadi
Dialogia Iuridica Vol. 18 No. 1 (2026): Dialogia Iuridica Journal Vol 18 No. 1 Year 2026
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v18i1.14276

Abstract

The Constitutional Court's Decision No. 135/PUU-XXII/2024 marks a fundamental reformulation of the design of election synchronization in Indonesia. The separation between the national and regional elections ordered by the Court opens up space for the rearrangement of the electoral system in a more functional direction, but at the same time creates new tensions in terms of term of office and power transition scheme. This article analyzes the constitutional implications of the ruling using a normative juridical research method, which relies on the legislative approach and the Constitutional Court's ruling. The discussion focused on two main aspects: first, the tension between the Constitutional Court's decision and the constitutional provisions related to the term of office; Second, the draft of a legitimate and legitimate transition of power, including the idea of a "limited extension with constitutional basis." This study shows that the implementation of the Constitutional Court's decision must be differentiated based on the normative sources of public office, and that the transitional design must uphold the supremacy of the constitution and the principles of electoral democracy. Without the prudence of legal design, the potential for power engineering will overshadow this post-verdict democratization process.
Assessing the Role of Social Control in Criminal Policy on Grave Desecration in Bantul and Yogyakarta Fuadi Isnawan
Dialogia Iuridica Vol. 18 No. 1 (2026): Dialogia Iuridica Journal Vol 18 No. 1 Year 2026
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v18i1.15213

Abstract

This study examines the phenomenon of juvenile delinquency, specifically the act of vandalizing graves, which not only violates the law but also undermines the social, cultural, and religious values within society. A legal approach alone is deemed insufficient to explain and prevent this phenomenon; therefore, a more comprehensive criminological perspective is required. This study aims to analyze the role of Hirschi’s Social Control Theory in explaining the causes and prevention efforts regarding juvenile delinquency. This study employs an empirical method using a legal sociology approach, along with data collection techniques through observation and literature review. The results indicate that weak social bonds within family, school, and community environments contribute to increased risks of deviant behavior among adolescents. Specifically, low emotional attachment, weak commitment to values and the future, lack of involvement in positive activities, and a weak belief in social norms and the law are the primary factors driving such behavior. Conversely, strengthening these four elements has been shown to effectively reduce the potential for juvenile delinquency through preventive measures; therefore, various approaches are needed to reinforce these elements so that adolescents can avoid such behavior. This study emphasizes that preventing juvenile delinquency is not sufficient through a legal approach alone but must be balanced with the comprehensive strengthening of social control in the daily lives of adolescents.

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