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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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Pertanggungjawaban Produk (Product Liability) sebagai Salah Satu Alternatif Perlindungan Konsumen Liya Sukma
Dialogia Iuridica Vol. 7 No. 2 (2016): Volume 7 Nomor 2 April 2016
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v7i2.714

Abstract

Law No 8 of 1999 on Consumer Protection regulate product liability as a kind of form liability of businesses man in terms of compensation for the damage, pollution and consumer loss due to the consumption of either produced or traded goods. Burden of proof to denote elements of faults exist or not is hold by businesses man. Main issue of this research is to know how producers liability on its products to consumers. Meanwhile, this research goal is to seek application of liability product principle to protect consumer from harms made by businesses man. This research used juridical-normative methodology with descriptive analysis.
Pertanggungjawaban Pidana Bank dalam Pelanggaran Kegiatan Operasional Didasarkan pada Undang-Undang Nomor 10 Tahun 1998 Johannes Ibrahim; Hassanain Haykal
Dialogia Iuridica Vol. 7 No. 2 (2016): Volume 7 Nomor 2 April 2016
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v7i2.715

Abstract

Banks are the intermediation institutions which have important role in economic of a nation. In order to supervise and monitor bankong activities, government has issued Law Number 10 of 1998 on amandement of Law Number 7 of 1992 on banking which is blogated compulsive to all banking stakeholders. This law regulates administrative and criminal sanctions. In accordance with criminal sanction, any action determine as a violation based on its offence related to any norm. This article will examine operational vilogation, which qualified as crime offence. This article also examine bank accountability for every violation statedabove.
Relasi Kekuasaan Komisi Yudisial - Dewan Perwakilan Rakyat dan Presiden dalam Pengangkatan Hakim Agung Idul Rishan
Dialogia Iuridica Vol. 7 No. 2 (2016): Volume 7 Nomor 2 April 2016
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v7i2.716

Abstract

This research aim to answer 2 (two) problems in accordance to relation of authority of Judicial Commision-House of Representative and President in promoting supreme judges. First, this article analyze model of relation of authority between Judicial Commision-House of Representative and President in promoting supreme judges in Indonesia. Second, the article analyze implication of Constitutional Court’s Verdict Number 27/PUU-XI/2013 to relation of authority between Judicial Commision-House of Representative and President in promoting supreme judges in Indonesia.This article is using qualitative descriptive method. Type of research is normative juridical by exercising library research on study of positive law and nature of prescriptive.This article conclude that (1), basically, relation of authoritybetween Judicial Commision-House of Representative and President designed to create check and balance principle in promoting supreme judges. Existency and involvement of Judicial Commision in democratic transition was expected as an answer and ending of bitter history in previous mechanism in promoting supreme judges which loaded with intervention of rulers. That expectation was not propotional when integrated to level of statute. Friction of paradigm occurred when House Representative expropriate the role as main actor in promoting supreme judge and negate the roles of Judicial Commision to relation of Authority which based on ratio. This friction triggered by accidental amandement of constitution, which evoke strong wave of reformation and the effort in preserving back classic model. (2), after the verdict of Constitutional Court issued, there are logic consequence to relation of Authority between Judicial Commision-House of Representative and Presidentin promoting supreme judges. Legally, it caused to inconstitutionality of ratio-based relation of authority. It also cause adisapovowal of fit and proper test of House of Representative, productivity of Supreme Court and inefficiency of budget. An idea to improve should be taken by creating corporate culture, changing flow of supervision of House of Representative and emerging mutual trust between involved organs in relation to promote supreme judges. That idea intended to transform inconstitutionality of “rasio-based” relation of authority into “trust-based” relation of authority.
Penerapan Costumer Due Dilligence (CDD) dalam Pencegahan Pendanaan Terorisme melalui Perbankan Ilmi Vedian
Dialogia Iuridica Vol. 7 No. 2 (2016): Volume 7 Nomor 2 April 2016
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v7i2.717

Abstract

With the increasingly widespread crime of terrorism in Indonesia lately, required the efforts of law enforcement authorities to combat such crimes. The crime of terrorism is very closely related to the financing of terrorism, because terrorism crime plan will not run without their financial support. Financing of Terrorism is deeds in order to provide, collect, give, or lend funds, either directly or indirectly for use / carry out terrorist activities, terrorist organization or a terrorist. In contrast to the Money Laundering Act that aim to disguise the origin of the assets, then the purpose of the crime of terrorism financing is helping terrorism activities, both with wealth that is the result of a crime or of property that is acquired legally. There is a phenomenon inwhich usually use Bank as its media because Bank is a financialinstitution that guarantee the privacy and confidentiality of its customer as confidential Bank.To face the increasing number of terrorist financingactivites, the Bank apply the Customer Due Diligence (CDD)where’s one of Bank’s obligation is reportingthe suspicious customer’s transaction to Indonesian Financial Transaction Reports and Analysis Centre (INTRAC).This may open the possibility of sharing the customer information into Indonesian Financial Transaction Reports and Analysis Centre (INTRAC) or authorities which is actually non-compliace with Bank secrecy legal principle. This paper use normative juridical research method with an analytical description in order to understand the process of Customer Due Diligence (CDD) and implementation of Combating Terrorist Financing into Bank secrecy.
Peranan Bank Penerbit Bank Garansi sebagai Penjamin Pelaksanaan Pekerjaan Konstruksi Pembangunan Rumah Susun dalam Meningkatkan Perlindungan Hak Konsumen Johannes Ibrahim; Rahel Octora; Yohanes Hermanto Sirait
Dialogia Iuridica Vol. 7 No. 2 (2016): Volume 7 Nomor 2 April 2016
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v7i2.718

Abstract

Bank guarantee is a promise from a bank that the liabilities of a debtor will be met in the event that you fail to fulfill your contractual obligations (event of default). Bank guarantee also known as surety agreement where third party, for owing, attach their self to fulfill owing’s obligation when those owing unable to do. This article examine how does an agreement between bank guarantee and developer on project of flat construction in the case of event of default. This article also examine whether bank guarantee agreement able to ensure legal certainty to developer and protect consumer right. Last, this article will see how does bank guarantee can protect and fulfill the rights of consumers.
Foreign investment in Indonesia The Legal Aspects under the New Indonesian Investment Law Petra Bunawan
Dialogia Iuridica Vol. 8 No. 2 (2017): Volume 8 Nomor 2 April 2017
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v8i2.719

Abstract

Indonesia plays an important role in the ASEAN region as well as in the global community, therefore investment policy become one of the major concern to government. To meet and accomodate the business enviroment both domestic and overseas that need capital investment, thus to develop the economic growth and build a suistainable economic stability in the region as well as for the people of Indonesia, it is  neccessary to stipulate the inevestment law that provide all the need . Therefore the government has replaced the old law with the new  Investment Law, the law No 25 of 2007.  The Law provides the basic principle of legal certainty, non discrimination and  same treatment for investors both domestic and overseas. The principles of opennes, accountability, togetherness and the concept of repatriation support the friendly investment atmosphere in Indonesia. As well as the supportive fasilities and easy procedure for investors to invest and build business in Indonesia. One of important issues regarding to Investment law is to increase the direct investment, instead of indirect investment that its contribution has a difference impact to the real sectors and economic growth.The question is the law and supportive law accomodatively provides the need of investment enviroment, knowing the economic growth has been influenced by the era of globalization and in fact Indonesia has signed and ratified international agreement as well. This writing will give a slighty persfective according to Indonesian Investment law and other supportive law, both national and international . Keywords: Law, Investment, Government Regulation, Principles, international law
Aspek Hukum Transaksi Perdagangan Melalui Media Elektronik Dikaitkan dengan Undang-Undang Nomor 19 Tahun 2016 tentang Informasi dan Transaksi Elektronik Tasya Safiranita
Dialogia Iuridica Vol. 8 No. 2 (2017): Volume 8 Nomor 2 April 2017
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v8i2.720

Abstract

AbstrakDengan berkembangnya sistem bisnis e-commerce di Indonesia diperlukan berbagai peraturan dan regulasi untuk menghadirkan  aturan main yang jelas dan memberikan kepastian hukum kepada para pelaku usaha bisnis e-commerce di Indonesia. Pada tahun 2014, Pemerintah Republik Indonesia telah mengeluarkan peraturan Perundang-undangan yang mengatur bisnis e-commerce di Indonesia dengan terbitnya Undang - undang No. 7 Tahun 2014 tentang Perdagangan. Peraturan ini dijadikan dasar hukum penyelenggara Perdagangan Melalui Sistem Elektronik (PMSE) dan konsumen dalam kegiatan perdagangan via sistem elektronik. Undang - undang No. 7 Tahun 2014 mendefinisikan PMSE sebagai perdagangan yang transaksinya dilakukan dengan serangkaian perangkat atau prosedur elektronik. Dalam hal ini yang termasuk dalam PMSE adalah pedagang/merchant dan PPSE (Penyelenggara Perdagangan Secara Elektronik) seperti penyelenggara komunikasi elektronik, iklan elektronik, penyelenggara sistem aplikasi transaksi elektronik, penyelenggara sistem aplikasi transaksi elektronik, penyelenggara jasa aplikasi sistem pembayaran secara elektronik, serta penyelenggara jasa dan sistem aplikasi pengiriman barang yang secara keseluruhannya digunakan dalam transaksi perdagangan secara elektronik. Kata kunci : bisnis, e commerce, konsumen, perdagangan, transaksi. AbstractThe development of e-commerce business system in Indonesia required a variety of rules and regulations to present clear rules and provide legal certainty to businesses e-commerce in Indonesia. In 2014, the Government of the Republic of Indonesia has issued a regulation legislation governing e-commerce business in Indonesia with the publication of Law - Law No. 7 Year 2014 regarding Trade. This regulation is used as the legal basis organizer Trading Through Electronic Systems (PMSE) and consumers in trading activity via an electronic system. Law - Law No. 7 of 2014 defines PMSE as trade transactions are conducted with a series of devices or electronic procedure. In this case that is included in PMSE is a trader / merchant and PPSE (Organizer Trading Electronically) as providers of electronic communication, electronic advertising, organizing systems for electronic commerce applications, organizer systems for electronic commerce applications, a service provider payment system applications electronically, as well as service providers delivery and application systems in total are used in electronic commerce transactions. Keywords: business, e commerce, consumer, trade, transaction.
PERLINDUNGAN HUKUM BAGI DOSEN SEBAGAI TENAGA PENDIDIK UNTUK MEMPEROLEH HAK KETENAGAKERJAANNYA Ilmal Yaqin
Dialogia Iuridica Vol. 8 No. 2 (2017): Volume 8 Nomor 2 April 2017
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v8i2.721

Abstract

Legal protection for all workers/employees, especially for educators who work on the foundation, is absolutely necessary, since there are still many cases involving the university and the foundation. These problems still continue to haunt educators, so it needs concerted effort to minimize existing problems. Although there are regulations governing the relations between workers/employees with employers, but in a practical level is still not fully implemented. It is associated with several problems, one of which is the position of educators at the level of sub-ordinate more than the foundation. The phenomenon can’t be happen when educators take the advantage of legal protection that already regulated by legislation. This study will elaborate on legal protection for the workers, especially for educators. The research method is a normative juridical approach using approach legislation. The results are legal protections for educators stipulated in Law No. 21 Year 2000 on the labor Unions, in particular regarding the purpose of the establishment of labor unions. In addition, Law No. 13 of 2003 on Employment already protect workers/employees, including educators, namely through union/employee
Pertanggungjawaban Hukum yang Berkeadilan terhadap Aparatur Pemerintah pada Kasus Pengadaang Barang dan Jasa Kukuh Tejomurti
Dialogia Iuridica Vol. 8 No. 2 (2017): Volume 8 Nomor 2 April 2017
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v8i2.722

Abstract

This article describes the legal responsibility for the government officials involved lawsuit of the procurement of goods and services. Each year the government officials (budget users, official commitment maker, and procurement officer) is requiered to absorb optimally budget in order to succed the government development program, yet the other side they will experience “quandary” in the audit process by the Audit Board of The Republic Indonesia. the lower decree of checks and verification set off civil and administrative lawsuit attracted to the criminal responsibility. This causes the psichological effect for the government officials related to the procurement of goods and services. The problems researched: firstly, what is the factor causing the government officials of the procurement which will be able to involve law suit concerning on the corruption which has type of the financial harm state?; secondly, How is the legal responsibility for the government officials of the procurement fairly involved the corruption lawsuit having the type of the financial harm state. The research methods used by this research is the normative legal research applying the conceptual and legislation approach. The result of first discussion often find in the field of procurement officers and officials is a commitment-makers who are not competent in their field so the procurement process does not give good results and obey the law. The second result, law enfocer often has checked and verified a procurement lawsuit easily concerning in the corruption which has type of the financial harm state even though the facts found to be more civil and administrative
Perlindungan Tenaga Kerja Indonesia di Luar Negeri Melalui Sertifikasi Kompetensi Ahmad Firdaus Sukomono
Dialogia Iuridica Vol. 8 No. 2 (2017): Volume 8 Nomor 2 April 2017
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v8i2.723

Abstract

With so many Indonesian Workers who work abroad showed that the government's ability to provide jobs is very limited. Statistical news 2016 states that the number of placement of Indonesian workers Abroad in 2016 amounted to 153. 804 with details of Indonesian manpower formal 82.443 Indonesian workers and informal 71.361 Indonesian workers. Comparing the two types of workers in the formal and informal sectors, the subject-matter of the author adopted is to provide protection to informal workers thus have a legal position that is better and stronger through a certificate of competence so as to protect the rights of workers and bargaining power balanced between giver employers and workers. Keywords: Legal Protection, Labor Indonesia, Certificate of Competency.

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