Dialogia Iuridica

Promoting Policy Awareness on the Rights of Special Needs Persons for Inclusive Education in Nigeria

Odinakachukwu Emmanuel Okeke — 2025-11-30

In order to effectively promote inclusion, this essay analyzes the urgent need for policy knowledge of the rights of people with special needs in Nigeria. Even with the passage of laws such as the Discrimination Against Persons with Disabilities Act, systemic obstacles and general ignorance still make it difficult to put these laws into practice. The importance of policy knowledge is examined in the article, with particular attention paid to how it may empower people with disabilities, promote social justice and equity, increase policy implementation, and foster community integration. According to the report, key tactics for increasing awareness include government accountability, capacity building, stakeholder engagement, technology distribution, and grassroots community-based activities. Examples include training teachers in inclusive education, using local languages in campaigns, advocating on social media, and putting in place monitoring systems to make sure laws pertaining to disabilities are being followed. These tactics highlight the value of teamwork in closing the gap between practice and policy. The paper concludes by emphasizing the moral and developmental imperatives of promoting awareness of disability rights. It demands effective public education campaigns, cooperation with NGOs and commercial sector stakeholders, accessible communication, digital activism, and the inclusion of disability rights in school curricula. Lastly, it suggests accountability and monitoring systems to guarantee that the policy is followed. Policymakers, educators, campaigners, and stakeholders who are dedicated to building a more inclusive society should use this article as a guide since it offers practical insights and real-world examples.

Institutionalizing Non-Domination Principle in Anti-Corruption Reform of Indonesia’s Energy Governance

Alfin Dwi Novemyanto — 2025-11-30

Corruption in energy governance in Indonesia reveals an imbalance of power between bureaucratic actors, corporations, and the public, giving rise to a form of structural domination that is difficult to overcome through conventional administrative approaches. This study offers a theoretical contribution by applying the principle of non-domination in republicanism theory as an analytical framework to understand the roots of this domination and assess the weaknesses in institutional design that enable corrupt practices, particularly in oil procurement and imports. Through a normative juridical method combined with doctrinal analysis and a case study of corruption at Pertamina during the 2018–2023 period, this study finds that corruption not only causes fiscal losses but also reduces the state's capacity to regulate the supply chain, deepens dependence on private and foreign actors, and weakens economic sovereignty as intended by Article 33 of the 1945 Constitution. The results of the study identify three institutional mechanisms that can operationalize the principle of non-domination in energy governance, namely procedural openness, independence of supervision and management of state-owned enterprises, and public objection mechanisms to review energy policies. These findings emphasize that anti-corruption reform requires a reconstruction of power structures, not just increased administrative compliance. This research contributes to the literature by combining republicanism theory with energy law and anti-corruption studies, while also opening space for further research on the application of the non-domination framework in other energy sub-sectors and in the governance of strategic resources in developing countries.

The Hidden Cost of Creativity: How Poster Design Competitions Facilitate Economic and Moral Rights Appropriation in Indonesia

Afriansyah Tanjung — 2025-11-30

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.

Between Law and Geopolitics: The Role of the United States and the Independence of the International Court of Justice in the Essequibo Dispute

Diva Islami Putri Ansor — 2025-11-30

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.

Challenges in the Settlement of International Disputes under the Investor–State Dispute Settlement (ISDS) Mechanism: A Study of Indonesia’s Approach to Protecting the Public Interest

Fiant Lintang — 2025-11-30

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 — 2025-11-30

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.

Reforming the Governance Architecture of the Notary Supervisory Council to Strengthen the Accountability Regime Governing Indonesia’s Notarial Profession

Romy Agus Setiyanto — 2025-11-30

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 of the Effectiveness of Legal Counseling Programs in Reducing Social Illnesses and Juvenile Delinquency in Bogor City

Andri Brawijaya — 2025-11-30

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.