Dialogia Iuridica | Maranatha Christian University (original) (raw)

Papers by Dialogia Iuridica

– Supreme Court Regulation Number 2 of 2015 on Procedure of Small Claim Court is a good step of S... more – Supreme Court Regulation Number 2 of 2015 on Procedure of Small Claim Court is a good step of Supreme Court to realize dispute settlement acoording to principle of fast, simple and light-cost. At first, this regulation enable people to settle their dispute faster than what previous regulation set, but in fact, since the establishment of this regulation in August 7, 2015, the benefit still not at full. This article examine the challenge or obstacle in implementing Supreme Court Regulation Number 2 of 2015. The result show that the reluctance of people to use small claim court mechanism is an obligation that claimer and defendant legally domiciled in same place. Single judge in small claim court also becomes the reason aside from it is not required to use this mechanism.

Business is one of main activity in supporting national economic matter. Business activity run by... more Business is one of main activity in supporting national economic matter. Business activity run by businessman, varied according to their existence in regulation, activity or legal standing. In lower level for example, businessman are person with limited resources, but for middle or higher level, the activity run by business entity including incorporated and not a legal entity such person or cooperative as a corporation. This article examine legal aspect in applying criminal sanction to businessmen who act fraud in business according to Article 379a Criminal Code of Indonesia (KUHP). This article also examine the reason for those fraud action and analyze the enforcement by law enforcer. The result show that business is one of economic activity that seek profit but in some way the activity run by using inappropriate action which hurm other businessman. The reason for those fraud action are the weaknes of human resources; unethical behavior in business activity; and the weakness of law enforcement. Enforcement of article 379a in order to ensure legal certainty, equality before the law and legal protection still work slowly.

The sovereignty is the highest attribute of a state that should be respected by another states. I... more The sovereignty is the highest attribute of a state that should be respected by another states. In any situation it must not be violated by others but the result of this research shows that F-18 Hornet air craft is state air craft has done a sovereignty collision over Indonesian air space with fly without permission of Indonesian government and made some manuver in civil flight line that endangered the safety of navigation of civil air craft aviation. This reserch also shows that the military strenght of USA is bigger than Indonesian's, influence the sovereignty colission over Indonesian air space, made by F-18 Hornet. Therefore in the international relationship between states, then diplomatic settlement is the best way to choose. Beside that, it is important to determine the limit between air space and outer space, then coul be knew how far the souvereingty of a state over air space.

With so many Indonesian Workers who work abroad showed that the government's ability to provide j... more 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.

This article describes the legal responsibility for the government officials involved lawsuit of ... more 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

Legal protection for all workers/employees, especially for lecturers working under foundation, is... more Legal protection for all workers/employees, especially for lecturers working under foundation, is absolutely necessary, since there are still many cases involving the university and the foundation. These problems still continue to haunt lecturers, 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 lecturers at the level of subordinate more than the foundation. The phenomenon wont be occured 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.

The development of e-commerce business system in Indonesia required a variety of rules and regula... more The 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.

This article will give a slighty perspective according to Indonesian Investment law and other sup... more This article will give a slighty perspective according to Indonesian Investment law and other supportive law, both national and international. 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.

Brand is a sign in the form of pictures, names, words of letters, numbers, arrangement of colors,... more Brand is a sign in the form of pictures, names, words of letters, numbers, arrangement of colors, or combinations of those elements which have distinguishthing power and are used in goods or service trade activities. The terms in the brand, especially regarding the protection of famous brands, can actually be applied in the case of domain names. "There is a provision in the TRIPs that governs the issue of protection of this famous brand, and the public becomes bound by the provision because it has been ratified". The meaning is Article 16 (3) TRIPs (Trade Related Aspect of Intellectual Property Rights). Article 16 (3) states that Article 6 bis of the Paris Convention on Protection of Industrial Property Rights shall apply, mutatis mutandis to goods and services which are not similar to goods and services to which a trademark has been registered..

This study examines the justification of institutionalize the court of ethic. This type of resear... more This study examines the justification of institutionalize the court of ethic. This type of research is normative juridical. The approach used is a historical, statue, and conceptual approach. The results show that urgency of institutionalization court of ethic is justified by three things. First, philosophical justification. Philosophically, as staatsfundamental norm, Pancasila as the source of rule of ethic in nation and state. Second, juridical justification. After the amendment of UUD 1945, the constitution provides assurance of the importance of the rule of ethic in the body of the Constitution. It is based on the imperative phrase of the Constitution which provides a good behavior prerequisite for becoming a state official. Third, sociological justification. The proliferation of ethical supervisory body after the amendment of the Constitution requires institutional consolidation, due to the weak internal adjudication process conducted by each supervisory institution at this time. Therefore, the institutionalization of court of ethic can be an alternative to enforce the function of adjudication of ethical violations in an integrated manner.

The implementation of good governance become the main agenda that has to be done by any governmen... more The implementation of good governance become the main agenda that has to be done by any government agencies. Because this is a requirement that shows the Government's commitment in carrying out theirs duty to serve the community. All officers must have an understanding of public information disclosure / Keterbukaan Informasi Publik (KIP) based on Act Number 14 of 2008, the principles which referred to is accountability, transparency and the supremacy of law. This article is a normative legal research studying the principles/laws that is a research on applied regulations related to The Implementation of Trust +Positif Concerning Good Governance. This research aims to reveal the regulations related to the implementation of community service in conducting good governance in order to prepare ASEAN Economic Community. The conclusion of this research are that to create a good governance as expected by the community, the implementation of the function of Trust +Positif service is needed and we have to create synergy between the governmental officers who implement the policy and the community whom the policy applied to. Therefore, it is necessary to have cooperation between the two parties.

This article aim to examine establishment of law in using Information Technology for economic goa... more This article aim to examine establishment of law in using Information Technology for economic goals which able to actualize nation security. This research is normative juridical research, uses secondary data consisting of primary, secondary and tertiary legal material. This article analyzed descriptively and used statute and conceptual approach. The result show that, establishment of cyber law is necessary as the result of the development of Information and Communication Technology, especially in economic activity of society. Development of cyber law also expected to raise standard of living in society, promote general welfare while maintaining and enforcing justice for all citizen. To achieve it, state must complete and establish law on economic utilization based on information and communication technology, upgrade the knowledge of legal expert and legislator comprehensively on technology for futuristic view, cultivate legal culture, and encourage the function of legislation.

Article 28 Consumer Protection Act (CPA) regulates the reversal burden of proof that imposing the... more Article 28 Consumer Protection Act (CPA) regulates the reversal burden of proof that imposing the proof of fault to businesses. However, it is not sufficiently clear and decisive set in CPA, so the implementation still poses various problems. The legal issues examined in this research are about the process of sharing the burden of proof in consumer disputes settlement at BPSK and juridical implications of a BPSK decision that is not in accordance with the process of proof that has been regulated in CPA. The results obtained from this study show that the reversal burden of proof principle can not be applied literally without seeing the case being handled. Implementation of reversal burden of proof principle should still consider the general principle of proof in Article 1865 of the The Code of Civil Law. This provision authorizes BPSK Assembly to order one party to prove on matters presented by referring to the reversal burden of proof principle. In addition, the exceptions in Article 19 Paragraph (5) and Article 27 of CPA should still be considered. BPSK decision can be accepted and implemented or can be denied due process of evidence is not in accordance with the regulation. Discordance procedures of the process of proof creates legal implication in the form of BPSK decision cancellation which can only be reached through the legal remedy of objection and appeal as provided in Article 56 Paragraph (2) and Article 58 Paragraph (2)CPA.

Implementation of the Law No. 23 of 2014 concerning Local Government gave a change against separa... more Implementation of the Law No. 23 of 2014 concerning Local Government gave a change against separation of spatial planning and the implication to local policy. The purpose of this research is to know the regulation of spatial planning in Mataram City before and after the implementation of law concerning local government by multi perspective especially about authority of government as well as knowing how the harmonization and synchronization local regulation of Spatial Planning in Mataram City with law concerning local government. This research used empiric-normative method, studying about regulation and seeing how the regulation can be implemented in the society. The result of this research showed that Mataram City local government in regulating about spatial planning, before and after the implementation of Law concerning local government, still referred to Local Regulation No. 12 of 2012 concerning Spatial Planning (Revised). This thing showed that the activity of spatial planning in Mataram City just referred to the local regulation No. 12 of 2011, both in the authority and things that related. There were disharmony in several article in local regulation concerning spatial planning of Mataram City with Law concerning Local Government, such as in article 11 subsection 2 point 5 Regulation of Spatial Planning Mataram City and article 14 subsection (1), article 27 subsection (1)and (2), article 28, and article 29 related with authority of marine resource management.

The Act No. 6 of 2014 on Village, mandates the establishment of Village Owned Enterprise (BUMDES)... more The Act No. 6 of 2014 on Village, mandates the establishment of Village Owned Enterprise (BUMDES) as an effort to increase the Village Generated Revenue (PADes) for creating an independent village. This research begins by analyzing the BUMDES practice in each village within Babalan sub-district, and adjusting it to the regulation, so the problems in the management of BUMDES in each village within Babalan Sub-district (Langkat Regency) are found. The research method of this research is using qualitative research with empirical juridical approach. The result shows that the process of establishing BUMDES in each village within Babalan sub-district has not been running well. The establishment of BUMDES is done in haste due to the "order" of the legislation of BUMDES (Ministerial Regulation No. 4 of 2015). The establishment of BUMDES is more due to the existence of a command to equity capital to BUMDes, so, the form and business sector of BUMDes is determined without deliberation of all elements of the village community. Then the mechanism of equity is not according to the regulation. Usually, the manager of BUMDES has to do some presentation the proposal and proposes the required budget, but in practice, the budget amount is promised first by the headman even the proposal is not submitted yet by the BUMDES. Consequently, the BUMDES budget must be adjusted to the budget which promised by the Headman. Furthermore, BUMDES has not played a significant role in increasing the village generated revenue, this can be seen from Village Budget 2016 where BUMDES has not paid dividends.

The aims of this study was to explain the validity of the lease contract based on the principle o... more The aims of this study was to explain the validity of the lease contract based on the principle of Ijarah Muntahiya Bittamlik on sharia bank, to explain the transfer of rights of Ijarah Muntahiya Bittamlik contract object which states the grant promise in accordance with sharia principles, and to explain the legal protection against Mustajir in Ijarah Muntahiya Bittamlik based on Principle of Sharia.This research is normative legal research, and used legislation and conceptual approach. Analysis of legal materials was done by analyzing various regulations that specifically regulate the contract of Lease Rent Based on Ijarah Muntahiya Bittamlik Principle. Based on the results of the research that the validity of Ijarah Muntahiya Bittamlik must be in accordance with the rules and conditions stipulated in accordance with Law Number 21 of 2008 concerning Sharia Banking, Compilation of Islamic Economic Law, and other related rules. That Ijarah Muntahiya Bittamlik based on the transtition of ownership of objects with the condition (waad) of grant is not valid. That the protection of the Law against Mustajir in Ijarah Muntahiya Bittamlik based on Sharia Principle is in the form of protection of preventive law.