Dialogia Iuridica

Ganti Rugi Korban Kecelakaan Sriwijaya Air SJ182: Tanggung Jawab Maskapai atau Produsen Pesawat?

Dhafin Ramadhan — 2025-04-30

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.

Urgensi Pengembangan Ruang Terbuka Hijau Kota Bandung sebagai Perlindungan Hak Anak atas Lingkungan Sehat

Alifa Putriana — 2025-04-30

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.

Curator's Immunity Right Against Civil Claims In The Management Of Bankruptcy Boedel

Dedi Irwansyah — 2025-04-30

The uncertainty of legal protection for curators in executing the settlement of bankrupt estates, who often face civil lawsuits. Although curators perform their duties based on court orders, they are not equipped with adequate immunity rights like other legal professions, such as advocates and notaries. The right to immunity is a freedom and or immunity of the curator profession from all lawsuits in carrying out the administration of bankruptcy assets as long as it is carried out in good faith. The lack of immunity for the curator has the effect of disrupting the task of administering the bankruptcy estate. This study aims to analyze the regulations regarding immunity rights for legal professions in Indonesia and the implementation of curatorial immunity in facing civil lawsuits. The research employs a normative juridical method with a legislative and analytical approach. The findings of this research indicate that, despite the crucial role curators play in the bankruptcy process, there is no explicit regulation providing immunity rights against civil lawsuits. There is a need for revisions to the applicable laws so that the immunity rights of curators can be clearly and comprehensively regulated, thereby providing legal certainty, utility, and justice for curators in carrying out the settlement of bankrupt estates. The findings offered are to revise the Bankruptcy Law to add a regulation on Curator immunity, or make a special regulation on the Curator Profession by including the Right to Immunity, or establish a joint ethics board as a performance supervisor by the curator.

The Urgency of Updating Buton Regency’s RTRW to Support Sustainable Tourism Development

Samsul Samsul — 2025-04-30

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.

Analisis Ganti Kerugian Nelayan Akibat Kebijakan Ekspor Pasir Laut Melalui Gugatan Perdata kepada Pemerintah

Clivio Rahardjo — 2025-04-30

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 Validity of Song Modifications Made by Unknown Identities (Anonymous) Under the Copyright Law

Ahmad Khusnan Junaidi — 2025-04-30

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.