Dialogia Iuridica

Adopting European Union Legal Frameworks for Restructuring ASEAN: Pathways to Regional Stability

Isroni Muhammad Miraj Mirza, Oksha Dwi Anugrah Panjaitan, Andre Arya Pratama — Thu, 28 Nov 2024 00:00:00 +0000

Eversince its establishment, ASEAN has adopted a strict approach in tackling regional issues known as the ASEAN WAY including its non-intervention principle. In that regard, it requires consensus from all ASEAN member states without exception, no matter how long it takes before such problems can be addressed through ASEAN as a regional organization. If consensus is unfeasible, the problems will remain unresolved. Issues inflicting Rohingya ethnic, South China Sea, etc., are prime examples on ASEAN’s weakness as an institution. Compared to the European Union as a Supranational Organization, it has a more systematic and flexible approach in solving regional issues. The purpose of this research is to analyze to what extent EU law is applicable within ASEAN’s organizational structure to ensure a robust ASEAN integration so that one day it can achieve the status of a supranational organization like the European Union. This research method uses a normative juridical approach by analyzing the principles and instruments of international law applicable within ASEAN organizational structure, one of which is the ASEAN CHARTER as a legal basis that applies for all ASEAN member states, and further to what extent EU Law (EU LAW) is applicable within ASEAN organizational structure. The conclusion in this study is enhancing ASEAN's effectiveness in tackling regional issues and quickly adapting to global challenges such as the European Union, ASEAN countries must ignore differences and concentrate on restructuring ASEAN by redefining ASEAN Way and the Non-Intervention Principle for stronger regional integration and stability.

Telemedicine on the Legal System in Indonesia: Legal Protection of Patients and Health Workers

Muhammad Haris Makarim, Enggar Wijayanto — Thu, 28 Nov 2024 00:00:00 +0000

Technological developments in the use of telemedicine have many benefits and advantages, but the practice of telemedicine also has vulnerabilities related to certainty, justice and legal usefulness as a form of legal balance in providing legal protection for patients and health workers. This study aims to analyze telemedicine practices in Indonesia with the variables of protecting the rights of patients, health workers, and data security in the formulation of national policies after the enactment of Law Number 17 of 2023 concerning Health and also Government Regulation Number 28 of 2024 as its Implementing Regulations. The research methods used are doctrinal research with an analytical approach, and a conceptual approach. The results of the study show that after the enactment of Law Number 17 of 2023 concerning Health, there is a progressive direction towards telemedicine regulation which will be regulated in derivative regulations of the Law. From the review of responsive law, the state has the responsibility to be present to provide legal protection for the use of telemedicine for both patients and health workers, this is solely to achieve the principle of Gustav Radbruch's legal goals with certainty, justice, and legal benefits.

Copyright Protection of Owners for Commercialized Use of Created Song Without Permission

Maria Priska Seran, Lukman Hakim, Muhammad Ramadhana Alfaris — Thu, 28 Nov 2024 00:00:00 +0000

The current increase in the music industry in Indonesia is in line with the development of the complexity of the legal issues that accompany it. This then triggers the emergence of disputes over works in the music industry in cases of copyright for a work. Like the copyright infringement case that occurred between Ahmad Dhani and Once Mekel. This research aims to answer two legal issues, namely to analyze legal protection for copyright holders for commercial use of written songs without permission and to determine the legal consequences for commercial use of written songs without the creator's permission. The research method used in this research is analytical descriptive which describes the problems that occur which will be explained qualitatively. Based on the existing analysis, Ahmad Dhani has carried out preventive protection by informing the media that there is a prohibition on performing the song Dewa19 at commercial music concerts. The legal consequences for both civil and criminal violations have been regulated in Article 113 of Law No. 28 of 2014 concerning Copyright for violation of Economic Rights. The conclusion of this research is the issuance of Government Regulation No. 56 of 2021 to prioritize legal certainty and legal protection for creators regarding economic rights. The song copyright violation was committed by Once Mekel who sang the song Dewa19 without Ahmad Dhani's permission and did not pay royalties and this violation is regulated in Article 113 of Law No. 28 of 2014 concerning Copyright.

Penyelesaian Sengketa dan Konflik Pertanahan di Indonesia: Kajian Politik Hukum

Setiawan Wicaksono, Bintang Bagas, Agung Reyhansyah — Thu, 28 Nov 2024 00:00:00 +0000

Land plays a crucial role in the ecosystem for all living beings. It has many functions in human life due to its permanent nature and its necessity from birth until death. Its uses can be diverse, but the most evident is its role as a tool for production or profit extraction. In agrarian countries, land is essential for the prosperity and well-being of the people. However, in Indonesia, there are many agrarian disputes and conflicts caused by the increasing population and the decreasing availability of land, despite numerous legal and political efforts that have resulted in land-related regulations. This study aims to analyze the causes of the proliferation of land disputes in Indonesia. The research uses a normative method, which finds that the government lacks seriousness and political will to address the issue at its roots; government actions are limited to repressive measures and have not yet extended to preventive measures.

The Overview of Smart Contract: Legality and Enforceability

Thu, 28 Nov 2024 00:00:00 +0000

The purpose of the research is to provide an overview of the legality and enforceability of smart contracts. The research aims to examine the legal implications of the use of smart contracts in agreements. The study used qualitative research. The type of this study is normative. The second primary legal are from journals, books, and news. The recognition of the validity of smart contracts can be achieved through the setting of special clauses in contracts that recognize their validity, especially in cross-border transactions that require the addition of choice of law and choice of jurisdiction clauses. Smart contracts offer a great opportunity to revolutionize business transactions and contract law with greater efficiency and autonomy. However, for this technology to be well integrated in the legal framework, it requires the development of regulations that address the challenges of legal validity, enforceability, jurisdiction, and data security. In Indonesia, although smart contracts are permitted, legal uncertainties in various jurisdictions indicate the need for more dynamic legal adaptation to support the development of this technology.

Unfair Access to Justice for Non-Indonesian Speakers

Eni Candra Tampubolon — Thu, 28 Nov 2024 00:00:00 +0000

Legal interpreter assistance has a direct impact on the outcomes of legal cases. This paper examines the availability of legal interpreters in Bali as one of the two provinces in Indonesia with the highest demand for legal interpreters and its impact on non-Indonesian speakers. This paper adopts a qualitative research method and draws data from collaborative research conducted between RMIT University and the University of Warmadewa, Bali. It draws data from legal practitioners in Bali with experience working with interpreters. The data was obtained through interviews using semi-structured questions in Indonesian. Subsequently, the responses were translated into English, and the emerging themes were analysed using both inductive and deductive processes. Data collected reveals a concerning shortage of legal interpreters in Bali and a notable disparity between the availability of English-speaking interpreters versus non-English languages. It also exposes the practice of using English-Indonesian language pair interpreters for non-English-speaking individuals due to the unavailability of interpreters in certain languages. This practice negatively impacts fair access to justice in Bali and at the same time increases the potential for future appeals