Dialogia Iuridica: Jurnal Hukum Bisnis dan Investasi
ISSN : 20859945     EISSN : 25793520
Dialogia Iuridica: Jurnal Hukum Investasi telah terakreditasi Peringkat 4 Sinta berdasarkan Keputusan Dirjen Penguatan Riset dan Pengembangan, Kemenristek Dikti Nomor: 21/E/KPT/2018.
Articles 8 Documents
Search results for , issue " Volume 7 Nomor 1 November 2015" : 8 Documents clear
Kebijakan Sekaya Maritim dalam Rangka Peningkatan Kesejahteraan Nelayan di Lampung Timur: Analisis Tantangan dan Peluang Indriyani, Rachma; Satriyo, Ayub Torry; Sari, Diah Apriani Atika
Dialogia Iuridica: Jurnal Hukum Bisnis dan Investasi Volume 7 Nomor 1 November 2015
Publisher : Maranatha Christian University

Show Abstract | Original Source | Check in Google Scholar | Full PDF (297.443 KB) | DOI: 10.28932/di.v7i1.704

Abstract

Fishing has been a traditional occupation for millennia, supporting a plethora of communities, both along the sea coast and inland. However, traditional fishermen are under pressure from large scale unregulated industrialization, export-oriented, mechanized fishing and aquaculture. Therefore, it’s community faced with deprivations of many kinds. The Ministry of Marine Affairs and Fisheries has been launching Sekaya Maritim program since early 2015, as an effort to improve the welfare of traditional fishermen. Considering that every region has different culture and problems to each other, then it should be a policy which appropriated to the real needs of local fishing communities. Nevertheless, one fits for all could not always fix all. Through descriptive approach and case study analysis, this paper reviews the Sekaya Maritim program applied in East Lampung, as well as map out the challenges and opportunities that should be a reflective matter for the government, so that the program could be optimally implemented and precisely targeted.
Aneka Permasalahan Mengenai Perjanjian Kawin, Pengesahan atau Pencatatan Widjaja, Sylvia
Dialogia Iuridica: Jurnal Hukum Bisnis dan Investasi Volume 7 Nomor 1 November 2015
Publisher : Maranatha Christian University

Show Abstract | Original Source | Check in Google Scholar | Full PDF (379.853 KB) | DOI: 10.28932/di.v7i1.711

Abstract

To make a prenuptial agreement is still considered as taboo by Indonesian couple, although there has been awareness to make such prenuptial agreement for transnational couple. Marriage in Indonesia is regulated under Law No. 1 of 1974 on Marriage (“Marriage Law”). The prenuptial agreement is a term taken from the heading of the 5th Chapter of Marriage Law, which consist of only one article, i.e. article 29 paragraph 1, 2, 3 and 4, that only regulates the period of when the prenuptial agreement shall be made, it’s legality, the time of when it will enter into force and the possibility to amend such agreement. In other words, Marriage Law does not describe the definition of prenuptial agreement, and also does not determine matters that can be agreed upon, which priorly regulated under the Indonesian Civil Code. In relation to the prenuptial agreement under the Marriage Law, there occur several legal questions, among others: First, Does the registration officer from the Civil Registration Office will only make registration of the prenuptial agreement or will he/she also legalizing it?. Second, Does the prenuptial agreement only regulate assets which originated from the grant and inheritance? And Last, Why the prenuptial agreement may only be made prior to the marriage, meanwhile the Marriage Law allows the amendment of the prenuptial agreement?. This research analyzes and discusses, and will provide answers or views to the above questions, which hopefully could be helpful and give insight for all readers.
Pemberlakuan Sifat Melawan Hukum Materil Berfungsi Negatif dalam Tindak Pidana Korupsi Yustisiani, Septri
Dialogia Iuridica: Jurnal Hukum Bisnis dan Investasi Volume 7 Nomor 1 November 2015
Publisher : Maranatha Christian University

Show Abstract | Original Source | Check in Google Scholar | Full PDF (303.913 KB) | DOI: 10.28932/di.v7i1.710

Abstract

Law No. 31 of 1999 in connection with Law No. 20 of 2001 regarding Corruption Eradication has included the unlawful element, in both procedural and substantive nature, when formulating the corruption act provision. In the legal doctrine, the substantive unlawful nature is categorized, based on its function, into two categories, namely positive and negative. The negative substantive unlawful nature is important to keep the spirit in eradicating corruption to not run amok, and to give protection to the actor, which is innocent based on substantive law. However, such criminal law policy, that accommodates substantive unlawful nature, has been declared as not legally binding by the Constitutional Court in its Decision No. 003/PUU-IV/2006 as it is considered conflicting with the legal certainty, which is one of the principles in the rule of law. Therefore, this research will analyze the above decision and the continuity in applying the negative function of the substantive unlawful nature to the corruption crime, which could be seen from the court decisions; and relates it, with the purpose of law.
Kurikulum Nasional yang Berbasis Kompetensi Perguruan Tinggi dengan Mengacu pada Kerangka Kualifikasi Nasional Indonesia (KKNI) Untuk Menghasilkan Kualitas Manusia yang Kompeten Basani, Christin Septina
Dialogia Iuridica: Jurnal Hukum Bisnis dan Investasi Volume 7 Nomor 1 November 2015
Publisher : Maranatha Christian University

Show Abstract | Original Source | Check in Google Scholar | Full PDF (269.564 KB) | DOI: 10.28932/di.v7i1.709

Abstract

Human resource needs, especially in the economy is the main source to sustain a nation. Human resources are created in a competent workforce and quality into its own competitiveness. Indonesian nation will enter the ASEAN Economic Community (AEC) will need to create a competent human resources. College as one of the graduates are ready to use in the workplace. One key factor is the quality of college graduates through the curriculum. Competency-based national curriculum with reference to national qualifications frameworks Indonesia will generate human resources in Indonesia are competent and competitive.
Mewujudkan Indonesia sebagai Negara Poros Maritim Dunia Tjoneng, Arman
Dialogia Iuridica: Jurnal Hukum Bisnis dan Investasi Volume 7 Nomor 1 November 2015
Publisher : Maranatha Christian University

Show Abstract | Original Source | Check in Google Scholar | Full PDF (204.173 KB) | DOI: 10.28932/di.v7i1.708

Abstract

Indonesia, a country that has given abundant natural resources with strategic geographical position and supported by the geostrategic, geopolitical, geoekonomi and geososial culture as the largest archipelago in the world. Indonesia maritime glories of the past to make the government plans to make Indonesia as the Axis Maritime World. This has become a priority of the government Jokowi-JK.With all the challenges, related to the implementation of the vision of Indonesia as Axis Maritime world, so many things need to be corrected and must be repaired as well as various strategic steps to be taken by the government in particular is associated mindset (mind-set) of Indonesia, reform the legal system and the enforcement of maritime sovereignty in Indonesia.In order to realize the vision of Indonesia as a maritime axis, the active participation of all parties, especially the government and the all community are needed to restore the glory of Indonesia in the field of maritime with the slogan "JALASVEVA JAYAMAHE"
Peran Mahkamah Konstitusi sebagai Lembaga Penguji Undang-Undang dalam Masyarakat Ekonomi ASEAN Sihotang, Januari
Dialogia Iuridica: Jurnal Hukum Bisnis dan Investasi Volume 7 Nomor 1 November 2015
Publisher : Maranatha Christian University

Show Abstract | Original Source | Check in Google Scholar | Full PDF (364.338 KB) | DOI: 10.28932/di.v7i1.707

Abstract

Constitutional Court is the guardian and single interpreter of the Constitution of 1945. Constitutional Court has authorities to review law against constitution including a law, which based on ratification of a treaty or convention. . Therefore, Constitutional Court has a role to implement and guard constitution of Indonesia in case the implementation of ASEAN Economic Community (AEC) as one main focus of ASEAN Charter could harm constitutional right of citizen and if the AEC is not in line with national goals of Indonesia according to constitution of 1945.
Eksistensi BUMN sebagai Korporasi yang Dikuasai oleh Negara Adhari, Agus
Dialogia Iuridica: Jurnal Hukum Bisnis dan Investasi Volume 7 Nomor 1 November 2015
Publisher : Maranatha Christian University

Show Abstract | Original Source | Check in Google Scholar | Full PDF (288.348 KB) | DOI: 10.28932/di.v7i1.706

Abstract

Indonesian state owned enterprises (BUMN) is a corporation, which is a large part or entirely (stoke) controlled by the state. State presents through Indonesian state-owned enterprises in order to carry out the mandate of Article 33 of UUD 1945, where the economic sectors that dominate the life of people controlled by the state. BUMN as a corporation must be clarified, either its functions or its objectives. Article 4 (1) of Law No 19 of 2003 on state enterprises, should be explanatory, that the state is only the owners of capital, and no longer consider BUMN as a state institution funded by the state. BUMN as a corporation should be clarified either in law or on the level of implementation. The number of government’s intervention in BUMN, shows that the country is not ready to have a corporation in order to carry out the mandate of Article 33 of the Constitution of 1945. It makes BUMN intervened by political interests, rather than corporate interests.
Aspek Hubungan Dewan Perwakilan Rakyat dan Presiden dalam Pembahasan Bersama Suatu Undang-Undang Anwary, Ichsan
Dialogia Iuridica: Jurnal Hukum Bisnis dan Investasi Volume 7 Nomor 1 November 2015
Publisher : Maranatha Christian University

Show Abstract | Original Source | Check in Google Scholar | Full PDF (277.945 KB) | DOI: 10.28932/di.v7i1.705

Abstract

The term “holding authority” according to Article 20 (1), Constitution of 1945, Indonesia means as an obligation. House of Representative holding authority to establish laws refer to a its authority to propose Draft of Laws.Formulation or construction concerning on authority on establishing laws, which regards to three state institutions: House of Representative, President and Regional Representative Council is not designed in a complete and best design.

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