2024-03-29T07:38:30Z
https://ejournal.undip.ac.id/index.php/index/oai
oai:ojs.ejournal.undip.ac.id:article/18131
2020-11-14T01:39:19Z
dlr:ART
"171030 2017 eng "
2527-4031
dc
THE DIRECTION OF SPACE REGULATION IN GLOBAL DYNAMICS
Pramono, Agus
Faculty of Law, Diponegoro University https://scholar.google.co.id/citations?user=svHHIA0AAAAJ&hl=en
Array
Space regulation initially acts as the orientation for activities in space which primarily concerns with research and development. As space exploration progresses, the regulation took a more practical direction which covers not only civil but also commercial activities. In line with this, development in commercial space activities took place such as telemetrics, remote sensor, space transportation, space industry, space tourism, space insurance, etc. To ensure that the commercialization of space activities is performed in a peaceful and safe manner as well as in ways that benefit all people, regulations in the form of anticipative laws are needed. These measures cover legal issues. Space commercialization is closely related to many aspects of life such as politics, social, economy, and security and defense which have been experiencing rapid development in that the presence of regulation for modern space law regime becomes an absolute necessity.
Fakultas Hukum, Universitas Diponegoro
2017-10-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/18131
Diponegoro Law Review; Vol 2, No 2 (2017): Diponegoro Law Review October 2017
eng
Copyright (c) 2017 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/21130
2020-04-17T17:05:10Z
dlr:ART
"181030 2018 eng "
2527-4031
dc
THE POSITION OF THE WORKERS' OR LABORERS' SEVERANCE PAY AND OTHER RIGHTS IN THE BANKRUPTCY OF A COMPANY
Sonhaji, Sonhaji
Faculty of Law, Diponegoro University
Array
Bankruptcy shall mean general confiscation of all assets of a debtor who could no longer afford to pay the debts that are due and could be billed. In Indonesia, bankruptcy is already known before 1945. Bankruptcy is Commercial Court ruling which put all assets of a debtor in a public attachment status thereafter the appointed curator could manage and liquidate the assets of the bankrupt debtor (bankruptcy properties) which would be sold and distributed to all creditors based on their respective levels of entitlement including the wages owed and other rights (Severance pay, gratuity and other compensation benefits). Problems would rise if the company hiring the laborers is declared bankrupt by the Commercial Court. In such circumstances, wage repayments or remunerations to the laborers became an interesting topic to be studied. The company and the government are responsible upon the fulfillment of the laborers' wage rights. In case that responsibility is not fulfilled, then there had been a violation of the rights of the laborers' welfare and violations and blasphemy of human rights. In reality, the laborers' wages sometimes are not paid by the company where they worked because it had bankrupt and is unable to pay, because the company did not want to pay even though there is a decision from the Industrial Relations Court which required the employer (company) to pay the wages or the severance pays.
Fakultas Hukum, Universitas Diponegoro
2018-10-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/21130
Diponegoro Law Review; Vol 3, No 2 (2018): Diponegoro Law Review October 2018
eng
Copyright (c) 2018 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/24133
2020-04-17T17:06:32Z
dlr:ART
"190430 2019 eng "
2527-4031
dc
STATE PROTECTION UPON ADOLESCENT VICTIM OF INCEST RAPE THROUGH GENDER LENS
Rahmi, Elita
Faculty of Law, Jambi University
Sudarti, Elly
Faculty of Law, Jambi University
Array
The state obligations to fulfill and protect the rights of adolescent victim of incest rape post-abortion and other rights have not been exercised during the legal process of investigation until court verdict as it is indicated that the adolescent victim is unfairly detained without due process for illegally practicing abortion. This occasion indicates that the law is being unfair towards the adolescent victim without considering the precondition which inevitably forces the abortion. This article scrutinizes such case of Muara Bulian county in which the local court’s verdict No. 5/Pid.Sus.Anak/2018/PN.Mbn did not accommodate the substantive justice which take stand of the rights of adolescent victim of incest rape. The verdict indicates that such court verdict does not express gender sensitivity to the right of adolescent female victim of incest rape to which the state is obliged to fulfil and protect.
Fakultas Hukum, Universitas Diponegoro
2019-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/24133
Diponegoro Law Review; Vol 4, No 1 (2019): Diponegoro Law Review April 2019
eng
Copyright (c) 2019 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/26716
2020-04-30T23:41:36Z
dlr:ART
"200430 2020 eng "
2527-4031
dc
REINFORCEMENT OF PANCASILA AS A PHILOSOPHY OF REGULATION-MAKING
ALW, Lita Tyesta
Faculty of Law, Universitas Diponegoro
Array
The purpose of law is to implement the ideals of order and justice into the interpersonal space of life that is society. Therefore, every legal regulation must abide and be based on norms that exist in society which envisages the modern ordered and just society. The law should be prospective, understandable, clear, fixed and certain. In Indonesia, Pancasila is a set of five principles by which the whole systems of government, law, and social life should be adopted by the nation. However, the current political climate has changed the political reception towards reinforcing Pancasila as the basic philosophy of regulation-making. This conceptual article discussed about how the process of regulation-making should be based on Pancasila as grundnorm, or basic norms of the nation’s life. This article concluded that the elaboration of the grundnorm in the formation of laws and regulations by taking into account the principles of the formation of laws and regulations as well as the principles of material content along with the guidelines and techniques for their formation, so that the formation of laws and regulations fulfills the rules in substance (materially) and formally.
Fakultas Hukum, Universitas Diponegoro
2020-04-30 18:06:48
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/26716
Diponegoro Law Review; Vol 5, No 1 (2020): Diponegoro Law Review April 2020
eng
Copyright (c) 2020 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/37967
2021-05-12T08:38:03Z
dlr:ART
"210430 2021 eng "
2527-4031
dc
SHARIAH COMPLIANCE ON RETAKAFUL IN MALAYSIA
Ali, Nurwajihah Ajlaa
Faculty of Law, Universiti Kebangsaan Malaysia
Markom, Ruzian
Faculty of Law, Universiti Kebangsaan Malaysia
Array
Retakaful is an Islamic alternative to the reinsurance industry in ensuring the stability of takaful companies. In Malaysia, the takaful operators need to depend on retakaful operators to ensure the takaful industry's long-term continuity by sharing the risk with the retakaful operators due to the small numbers of takaful operators. As a result, they reinsure their Takaful with the conventional reinsurance companies to meet the market demand. This practice continues to be acceptable based on an argument of unavoidable circumstances such as a necessity (darurah) and a dire need (hajah) due to insufficient retakaful companies. The Shari'ah issues arose on the needs for retakaful operators with conventional reinsurers or operators. Therefore, the paper aims to analyze the role of retakaful and its potential within the industry by identifying. Then it explores the Shari'ah principle and the arguments, existing rules, and regulations on the said issues. This study utilized the doctrinal research method with the content analysis. The data is collected from the library consisting of primary and secondary sources. The study's findings revealed that the Shariah scholars resolution plays essential roles in enhancing the roles of the retakaful industry based on darurah and hajah.
Fakultas Hukum, Universitas Diponegoro
2021-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/37967
Diponegoro Law Review; Vol 6, No 1 (2021): Diponegoro Law Review April 2021
eng
Copyright (c) 2021 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/31088
2021-10-31T18:19:27Z
dlr:ART
"211031 2021 eng "
2527-4031
dc
CRITICAL EXAMINATION ON THE MECHANISM OF APPLICATION SUBMISSION FOR LEGAL ASSISTANCE BUDGETING IN INDUSTRIAL RELATION DISPUTES
Handias, Agisa Tri
Faculty of Law, Universitas Diponegoro
Sa'adah, Nabitatus
Faculty of Law, Universitas Diponegoro
Array
Imbalances and difficulties when workers experience industrial disputes bring out possibility of defeat in the trial. So the Government has an obligation to fight for justice by providing the budget for legal aid derived from the state budget and allocated to the budget of the Ministry of Law and Human rights. The research method used is normative, which is research that sees the effectiveness of prevailing laws. The results showed that the provision of legal aid budgets hasn’t been able to run optimally because government hasn’t provided a forum for applying legal aid budgets to legal remedies of cassation in Industrial disputes.
Fakultas Hukum, Universitas Diponegoro
2021-10-31 17:43:39
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/31088
Diponegoro Law Review; Vol 6, No 2 (2021): Diponegoro Law Review October 2021
eng
Copyright (c) 2021 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/44935
2023-08-23T05:24:11Z
dlr:ART
"230430 2023 eng "
2527-4031
dc
IMPLEMENTATION OF SIMPLE, FAST AND LOW-COST PRINCIPLES IN E-SUMMONS WITH THE E-COURT SYSTEM
Latifiani, Dian
Faculty of Law, Universitas Negeri Semarang https://orcid.org/0000-0003-2119-2964
Yusriyadi, Yusriyadi
Faculty of Law, Universitas Diponegoro https://orcid.org/0000-0002-9560-6683
Sarono, Agus
Faculty of Law, Universitas Diponegoro https://orcid.org/0000-0001-6736-4755
Pudjirahayu, Esmi Warassih
Faculty of Law, Universitas Diponegoro
Widigdo, Suryo Adi
Faculty of Law, Universitas Negeri Semarang
Nugraha, Nur Arif
University of Sussex
Array
Courts are expected to provide various advantages, namely speed, consistency, accuracy, and reliability. The judiciary in Indonesia adheres to a simple, fast, and low-cost trial. The reality in Indonesia is that case resolution is long-winded, expensive, and inefficient. The existence of technological developments brings benefits, especially in the world of justice where the judicial system that was originally based on conventional has shifted to an electronic-based justice system from then a new problem arose. E-Summon, which should make it easier to call parties, does not apply to people who are not familiar with technology. E-Summon is considered ineffective because the e-court system sometimes has errors and is considered long-winded because justice seekers who are not yet technologically savvy are required to have an email, be able to operate it, and must be ready if they get a call. This study examines how to optimize the E-Summons feature in realizing a simple, fast, and inexpensive E-Summons system. settlement of civil cases. The results show that the implementation of E-Summons has not been able to run optimally. The not yet optimal implementation of E-Summons is caused by the legal culture of the community that has not been able to accommodate the implementation of E-Summons. The legal culture of the people who are not used to operating e-mail and the lack of openness of technological insight which is the main capital in the implementation of E-Summons, the implementation of E-Summons has not run optimally.
Fakultas Hukum, Universitas Diponegoro
2023-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/44935
Diponegoro Law Review; Vol 8, No 1 (2023): Diponegoro Law Review April 2023
eng
Copyright (c) 2023 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/40680
2022-12-19T01:56:21Z
dlr:ART
"221027 2022 eng "
2527-4031
dc
THE EXISTENCE OF PANCASILA IN RESOLVING CONFLICTS OF DIFFERING VIEWS ON RELIGIOUS RIGHTS IN INDONESIA
Herlindah, Herlindah
Faculty of Law, Universitas Brawijaya
Qurbani, Indah Dwi
Faculty of Law, Universitas Brawijaya https://scholar.google.co.id/citations?user=G5HaCDgAAAAJ&hl=en
Prisilia, Dorra
Faculty of Law, Universitas Brawijaya
Array
This research investigates how Pancasila (the Five Principles) could serve as an equilibrium in regulating the freedom of religion in Indonesia and how these five principles could negotiate the concept of this freedom within the coverage of national Human Rights affected by western human rights related to the concept of the freedom of religions within the scope of Islam. The three different regulatory concepts regarding freedom of religion in Indonesia, constituting Islamic law, International Human Rights, and Particular Human Rights, have always sparked conflict unless these three concepts are accommodated by law. The analysis was performed by employing the doctrine of margin of appreciation. This research reveals that Pancasila could serve as the fundamental of Indonesia in facilitating the freedom of religion. This research also employed a normative-juridical method, interdisciplinary, statutory, and conceptual approaches.
Fakultas Hukum, Universitas Diponegoro
2022-10-27 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/40680
Diponegoro Law Review; Vol 7, No 2 (2022): Diponegoro Law Review October 2022
eng
Copyright (c) 2022 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/15325
2019-09-27T10:41:56Z
dlr:ART
"170428 2017 eng "
2527-4031
dc
LAW ENFORCEMENT OF ELECTRICAL AND ELECTRONIC WASTE SMUGGLING IN BATAM, INDONESIA
Priyono, FX.Joko
Faculty of Law, Diponegoro University
Array
Electrical and electronic waste (e-waste) are dangerous for human health and environment. The e-waste may comes from both external (import) and domestic industries. Batam as part of Indonesia jurisdiction have been a place of e-waste dumping. The e-waste mostly comes from Singapore. The rest is from Malaysia, Thailand, and Vietnam. The influx of electronic waste is done through smuggling at certain place. Police actually knows about the smuggling but not take any action. This crimes was backed up by any army and police. It reflects the ineffectiveness of law enforcement in Batam regarding e-waste smuggling. The ignorance causes the environment and human health is not well protected. Lack of understanding of legal knowledge by law enforcement agencies should be a particular concern for the government. On the other hand, for the people of Batam, e-waste still have economic value. Therefore, they don’t care about the menace of e-waste to human health and environment. The government should develop them in order to manage e-waste properly. The government may refer to the Government of India's Bangalore city with regard to how the people manage e-waste.
Fakultas Hukum, Universitas Diponegoro
2017-04-28 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/15325
Diponegoro Law Review; Vol 2, No 1 (2017): Diponegoro Law Review April 2017
eng
Copyright (c) 2017 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/48639
2024-03-15T03:41:38Z
dlr:ART
"231031 2023 eng "
2527-4031
dc
GREECE MILITARIZATION IN AEGEAN ISLAND: AN INTERNATIONAL LAW PERSPECTIVE
Gunawan, Yordan
Facultat de Dret, Universitat Pompeu Fabra https://orcid.org/0000-0001-8402-4656
Febrila, Aldha
Faculty of Law, Universitas Muhammadiyah Yogyakarta
Novendra, Carissa Shifa
Faculty of Law, Universitas Muhammadiyah Yogyakarta
Dzakiyyah, Siti Asdilla
Faculty of Law, Universitas Muhammadiyah Yogyakarta
Array
In June 2022, President Erdogan suspended bilateral contact with Greece, citing their alleged militarization of islands in the eastern Aegean Sea, as a violation of international law. The problem that Turkey and Greece currently dealing with was caused in the first place by Greece's militarization of an island in the Aegean Sea, which was supposed to be demilitarized in the Lausanne Peace Treaty. Greece claimed that the militarization was for self-defense. In the research, the author will examine the demilitarized state of the island from the perspective of international law, and the claim that Greece has the right to act in self-defense and within the framework of world norms, as well as to make recommendations regarding what Turkey needs to do in response. The research method used is normative legal research with a case approach. Greece has indeed violated the terms of the Lausanne Peace Treat and Greece's claims of self-defense are invalid because there were no circumstances that meet the definition of self-defense. Therefore, Turkey could potentially address the matter by bringing it before the International Court of Justice.
Fakultas Hukum, Universitas Diponegoro
2023-10-31 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/48639
Diponegoro Law Review; Vol 8, No 2 (2023): Diponegoro Law Review October 2023
eng
Copyright (c) 2023 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/19916
2020-04-17T17:04:48Z
dlr:ART
"180430 2018 eng "
2527-4031
dc
REPOSITION OF WIDOW BY DEATH DIVORCE IN BATAKNESSE INHERITANCE LAW FROM GENDER PERSPECTIVE
Sihotang, Amri Panahatan
Doctoral Program of Law, Sultan Agung Islamic University Semarang
Array
This journal is to study the reposition of widow in traditional Batak’s hereditary law by using gender approach. The Batak’s hereditary Law, tends to be referring to patrilineal kinship which is determined from the line of father’s or husband’s descent so the Widow is not the beneficiary of the husband but the son in the Batak’s ethnic and culture. Along with the current development and important role of a mother/woman in family life, it is important to re-study more deeply the position of a widow in Batak’s hereditary law and some related theories which one of themis gender approach .This is considerably important because there are some modern thinker related to customary law who intend to renew the law especially the beneficiary for the sake of gender equality in the current ages by bilaterally repositioning widow to the national hereditary law . By Educating Batak’s hereditary law from gender perspective, the Batak’s ethic will be able to critically think and flexibly find solution to share the property by positioning the widow as the beneficiary or the heir.
Fakultas Hukum, Universitas Diponegoro
2018-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/19916
Diponegoro Law Review; Vol 3, No 1 (2018): Diponegoro Law Review April 2018
eng
Copyright (c) 2018 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/22343
2020-04-17T17:05:57Z
dlr:ART
"190430 2019 eng "
2527-4031
dc
THE HISTORY OF THE ESTABLISHMENT OF LAW NUMBER 9 OF 2013 REGARDING PREVENTION AND ERADICATION OF TERRORIST FINANCING
Listawati, Listawati
Postgraduate Program of Law, University of Indonesia
Array
To response to various acts of terror which occurred in various countries, the Financial Action Task Force (FATF) issued a policy in the form of a recommendations that contained a basic framework for the prevention and eradication of criminal acts of terrorist financing that could be universally applied. This implementation of the FATF standard is obligatory for all countries including Indonesia. One component of Indonesia's commitment to implementing the FATF standard is evidenced by the Establishment of Law Number 9 of 2013 concerning the Prevention and Eradication of Terrorist Financing (TPPT Law). In this paper, we will discuss the history of the formation of the TPPT Law detailed with 2 (two) main focuses, namely the process of criminalizing acts of terrorist financing in the TPPT Law and the factors that encouraged the Government of the Republic of Indonesia to draft special regulations related to anti-terrorist financing. The review of the complexity of the two focuses shows the strong commitment of the state to preventing and eradicating terrorist financing crimes
Fakultas Hukum, Universitas Diponegoro
2019-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/22343
Diponegoro Law Review; Vol 4, No 1 (2019): Diponegoro Law Review April 2019
eng
Copyright (c) 2019 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/22898
2020-04-17T17:07:01Z
dlr:ART
"190930 2019 eng "
2527-4031
dc
INDONESIA’S AIR SOVEREIGNTY ISSUES IN THE GLOBAL ERA
Prabandari, Adya Paramita
Faculty of Law, Diponegoro University http://orcid.org/0000-0003-0016-0453
Array
A state has a government as the supreme authority that has a complete and exclusive jurisdiction over its territory. It is very important to Indonesia, with its vast territory, to preserve and uphold the state’s sovereignty, particularly over its airspace. Especially in this global era, when the rapid development of technologies resulting in the end of geography era, and the world seems to be borderless. The issue discussed in this paper is Indonesia’s air sovereignty issues in the global era. The things to be concerned by the Government of Indonesia on the management and protection of the state’s sovereignty over the airspace in the global era are: (1) the take over of the Flight Information Region above Riau and Natuna from Singapore FIR; (2) the prevention and suppression of airspace violation incidents; and (3) the impact of Indonesia’s ratification on the ASEAN Open Skies Policy to the protection of the sovereignty over Indonesia’s airspace. A state’s airspace is very strategic because it is the first fortress of a state, in which all foreign forces can fly in first. Therefore as a state with vast territory, the Government of Indonesia must work hard to be able to preserve and uphold the sovereignty over its territory, especially in defending the state’s sovereignty over its airspace in the global era.
Fakultas Hukum, Universitas Diponegoro
2019-09-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/22898
Diponegoro Law Review; Vol 4, No 2 (2019): Diponegoro Law Review October 2019
eng
Copyright (c) 2019 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/29775
2020-10-31T07:48:13Z
dlr:ART
"201030 2020 eng "
2527-4031
dc
DEVELOPMENT OF AN IDEAL MODEL BASED ON POSITIVISM AND ITS IMPLICATION TOWARDS LEGAL SCIENCE AND LAW ENFORCEMENT
Yusriyadi, Yusriyadi
Faculty of Law, Universitas Diponegoro
Array
The development of legal science and law enforcement is one of the main issues in many countries. The focus of this writing is positivism and its implication towards legal science and law enforcement. Two problems are proposed in this writing there are the implication of positivism towards legal science and law enforcement and the development of legal science and law enforcement ideally. To analyze the problems, socio-legal concept and approach are applied. The analysis found that there is an implication of positivism towards legal science and law enforcement. The implication is more negative than positive. Legal science has turned into a practical science with scientific object limited to legal regulation (lege, lex), while law enforcement has turned into being formalistic and legalistic in nature, and no longer a search of justice and expediency. From the findings, it is concluded with a recommendation of an ideal model of legal science and enforcement, which is called integration/harmonization model. To achieve this ideal model, a change of mindset from mere formalistic-legalistic positivism into a new mindset of integration/harmonization of idealism, positivism, and sociological schools of thought is required.
.
Fakultas Hukum, Universitas Diponegoro
2020-10-30 23:35:33
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/29775
Diponegoro Law Review; Vol 5, No 2 (2020): Diponegoro Law Review October 2020
eng
Copyright (c) 2020 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/31984
2021-10-31T18:17:07Z
dlr:ART
"211031 2021 eng "
2527-4031
dc
SPACE-CENTRIC CONCEPT TO ANSWER TOMORROW SPACE CHALLENGE: A SMALL STEP FOR FUTURE SPACE LAW
Nugraha, Taufik Rachmat
Faculty of Law, Universitas Padjadjaran https://orcid.org/0000-0002-4016-6238
Array
Space activities have shown significant progress since they begin in the late '50s. Under current development, the U.S. with Artemis program and Luxembourg with its space mining program will enhance their outer space involvement. Most of those programs will elevate private sector involvement. Furthermore, the future space program will mainly intersect with the space environment as the primary consideration. It remains high-risk activities that could have catastrophic results if not regulated immediately. However, the current existing space law began obsolete because it was composed more than 50 years ago and too geocentric by putting the earth as the primary protection area. Consequently, existing space law could not govern future space programs properly, including protecting the space environment defense, Etc. Afterward, this paper will introduce the space-centric concept. Space-centric concepts create to answer future space challenges from legal perspectives. This concept emphasizes how future regulation and policy should cover all space objects equally, recalling outer space is vulnerable to such activities by humans, and how the best way to mitigate unforeseeable calamity on outer space.
Fakultas Hukum, Universitas Diponegoro
2021-10-31 17:43:39
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/31984
Diponegoro Law Review; Vol 6, No 2 (2021): Diponegoro Law Review October 2021
eng
Copyright (c) 2021 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/44426
2022-05-18T04:43:45Z
dlr:ART
"220428 2022 eng "
2527-4031
dc
THE PATTERN AND TREND OF FATWA RELATED TO HALAL CONSUMPTION LAW IN NEGARA BRUNEI DARUSSALAM: ANALYZING HISTORICAL DATA OF PREVIOUS FATWAS ISSUED
Deuraseh, Nurdeng
Halalan Thayyiban Research Centre, Universiti Islam Sultan Sharif Ali
Raffi, Raihana Mohd
Halalan Thayyiban Research Centre, Universiti Islam Sultan Sharif Ali
Roslan, Amalina
Halalan Thayyiban Research Centre, Universiti Islam Sultan Sharif Ali
Tektona, Rahmadi Indra
Faculty of Law, Universitas Jember
Array
Fatwa has been issued in Brunei since the appointment of the first state mufti in 1961, releasing a total of 1525 fatwas throughout his service until 1994. This effort is being continued by Brunei’s current state of mufti since 1994. Various categories of fatwas have been issued and compiled in a series of books as public references. Halal consumption especially in food has been a continuing phenomenon among Muslims. Analyzing previous fatwas can help to interpret patterns or trends for the benefit of future studies or matters of improvement. This study aims to achieve those objectives by analyzing historical data, focusing on fatwas issued about halal consumption. The document analysis method was used to look through fatwas issued from 1994 to 2015 It was found that 6 different areas such as alcohol, ingredients, animal slaughter, food handling, non-muslim involvement, and halal status of the animal. Past fatwas have also shown the importance of laboratory analysis in deducing fatwa. The effect of law implementation can also be seen in this analysis.
Fakultas Hukum, Universitas Diponegoro
2022-04-28 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/44426
Diponegoro Law Review; Vol 7, No 1 (2022): Diponegoro Law Review April 2022
eng
Copyright (c) 2022 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/19912
2020-04-17T17:04:41Z
dlr:ART
"180430 2018 eng "
2527-4031
dc
MUDHARABAH FINANCING SUPERVISION OF ISLAMIC BANKING IN INDONESIA
Heradhyaksa, Bagas
Faculty of Law, Universiti Kebangsaan Malaysia
Markom, Ruzian
Faculty of Law, Universiti Kebangsaan Malaysia
Array
The regulation in Indonesia states that the supervision of mudharabah financing is the right of Islamic bank. The Regulation of Indonesian Bank number 7/46/PBI/2005 section 6 subsection C and in The Circular Letter of Indonesian Bank number 10/14/Dpbs states that the supervision is done by reviewing and requesting evidence from customer's business result report without being given more detailed about the procedure of conducting mudharabah financing supervision. The purpose of this research is to analyze regulation that regarding the mudharabah financing supervision inIslamic banking. The methodology used in this research is empirical juridical method. We applied the method by comparing between the existing regulations with the reality that occurred in the field. This study found that a more detailed regulation regarding supervision of mudharabah financing was needed. This is so that the process of monitoring mudharabah financing has a strong legal basis and standard among Islamic bank. Moreover, the customer can also understand the steps that should be taken in the implementation of mudharabah financing supervision.
Fakultas Hukum, Universitas Diponegoro
2018-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/19912
Diponegoro Law Review; Vol 3, No 1 (2018): Diponegoro Law Review April 2018
eng
Copyright (c) 2018 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/37021
2023-08-23T05:24:11Z
dlr:ART
"230430 2023 eng "
2527-4031
dc
RIGHTS AND DUTIES OF FOREIGN SHIPS TO INDONESIAN ARCHIPELAGIC SEA LANES PASSAGE
L, St Fatmawati
Faculty of Law, Universitas Sulawesi Tenggara
Rahman, Rifkah Anniza
Faculty of Law, Universitas Sulawesi Tenggara
Yusran, Nadya Khaeriyah
Faculty of Law, Universitas Hasanuddin
Array
Every country has the right to sail in its territorial sea, exclusive economic zone, high seas, and other countries' territorial seas. However, when crossing the territorial areas of other countries, foreign ships must obey and follow all regulations in that area to go through. This research uses a normative legal research typology method which includes field research focusing on positive legal norms in the form of laws and regulations and literature research to determine the regulation of the rights and obligations of foreign ships to cross the Indonesian archipelagic sea lanes. The results of this study indicate that the rights and obligations of foreign ships to cross the Indonesian archipelagic sea lanes have been regulated in several regulations, both national regulations and international regulations, but in practice, the high intensity of foreign ships passing through ALKI causes many problems. The problems that arise because of these passages have not all been resolved by existing laws and regulations, so these regulations are considered ineffective and insufficient in overcoming the problems of the Indonesian archipelagic sea lanes.
Fakultas Hukum, Universitas Diponegoro
2023-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/37021
Diponegoro Law Review; Vol 8, No 1 (2023): Diponegoro Law Review April 2023
eng
Copyright (c) 2023 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/15336
2019-09-27T10:41:56Z
dlr:ART
"170428 2017 eng "
2527-4031
dc
SHARIA GOVERNANCE ON ISLAMIC BANKING: SPIRITUAL RIGHTS PERSPECTIVE ON CONSUMER PROTECTION IN INDONESIA
Setyowati, Ro’fah
Faculty of Law, Diponegoro University
Abubakar, Lastuti
Faculty of Law, Padjajaran University
Rodliah, Nunung
Faculty of Law, Lampung University
Array
Governance is a trait that should be attached to the institutions that perform public services. In Islamic banking, known as sharia governance, so that the principles of sharia could be optimized. But in reality, the Islamic banking practices do not meet the basic principles of the sharia governance. Based on these problems, this paper aims to examine in depth about the urgency of sharia governance; further it also explore the intersection between the sharia governance with the concept of spiritual rights for consumers. This paper using a philosophical approach, juridical, and practical. The result of this study, as a right, that right of spiritual need to get the guaranteed protection of the implementation of sharia governance. Attention to these spiritual rights protections needed to build the Islamic banking industry has high credibility, in order to gain public confidence. Credibility is meant is that if customers have confidence that Islamic banking upholds Islamic principles in operation
Fakultas Hukum, Universitas Diponegoro
2017-04-28 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/15336
Diponegoro Law Review; Vol 2, No 1 (2017): Diponegoro Law Review April 2017
eng
Copyright (c) 2017 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/50754
2024-03-19T01:46:35Z
dlr:ART
"231031 2023 eng "
2527-4031
dc
ARE AVIATION REGULATIONS EFFECTIVE IN MANAGING FOREIGN AIRCRAFT VIOLATIONS IN INDONESIA?
Sa'adah, Aisyatus
Faculty of Law, Universitas Indonesia
Nureda, Kania Rahma
Faculty of Law, Institute of Human Rights and Peace Studies, Mahidol University
Putra, Aista Wisnu
Faculty of Law, Universitas Diponegoro
Array
Sovereignty is an essential thing for a country to maintain, and every country has exclusive jurisdiction and authority to control the air space above its territory, Indonesia is a country that has a large area, but with a large area that is owned if it is not used and maintained correctly it will become a threat to its sovereignty, as evidenced by the existence of cases of airspace violations every year, one of which is carried out by foreign aircraft in Indonesian airspace at this time. This study aims to determine how regulations or rules and law enforcement in airspace violations by foreign aircraft in Indonesia are increasing and what the causes or factors are in the increase in these violations. This is legal research with a normative perspective, a statutory approach, a conceptual approach, and interviews. The results of study explain that there are legal rules that are used in carrying out law enforcement and control of air space in Indonesia's territory. However, these rules are considered ineffective, and because the ineffectiveness of the existing rules affects law enforcement, the impact on law enforcement could be more optimal—committed for violations of foreign aircraft in the territory of Indonesia.
Fakultas Hukum, Universitas Diponegoro
2023-10-31 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/50754
Diponegoro Law Review; Vol 8, No 2 (2023): Diponegoro Law Review October 2023
eng
Copyright (c) 2023 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/19835
2020-04-17T17:04:07Z
dlr:ART
"180430 2018 eng "
2527-4031
dc
INTERACTIONS BETWEEN LEGAL SYSTEMS IN THE JUDICIAL PROCESS OF KENDENG CASE (A CRITICAL ANALYSIS OF ACCESS TO JUSTICE)
Nugroho, Wahyu
Doctoral Programme Faculty of Law, Padjadjaran University
Array
The Indonesian state has the characteristic of legal system plurality in a national legal system, it is interesting to be observed from law making, licencing, law implementation, to judiciary process. State organizers in the context of government (executive power) as the licensors of business activities and the judiciary (judicial power) State Administration, as absolute competence over the objects of environmental administration disputes require optical and comprehensive holistic understanding, amidst the very diverse conditions of the legal system (legal pluralism) and a pluralistic society to be bound in a single national legal system (unification). The problem formulation in this paper is: (1) How is the interaction of continental European legal system and customary law system on kendeng case in the tiered judicial process? And (2) how does the interaction affect the legal system on the judge's mindset over environmental permit disputes objects? In relation to executive power as a licensor, the involvement of the public in the process of publishing environmental documents becomes a very important matter. Kendeng Community of Rembang Regency Central Java Province is fighting for its rights and various access to justice, finally choosing the judicial route as the main tool against the state, namely the State Administrative Court (PTUN) Semarang, High Administrative Court (PT TUN) Surabaya, Until the most recent legal remedy in the judicial system in Indonesia, namely the Review Supreme of Court. In this paper, it shows the interaction between the legal system, the continental European legal system and the customary law system in the process of tiered justice as an access to justice for the kendeng mountain community.
Fakultas Hukum, Universitas Diponegoro
2018-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/19835
Diponegoro Law Review; Vol 3, No 1 (2018): Diponegoro Law Review April 2018
eng
Copyright (c) 2018 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/19307
2020-04-17T17:04:51Z
dlr:ART
"181030 2018 eng "
2527-4031
dc
LEGAL ANALYSIS OF THE DOCTRINE OF ESSENTIAL FACILITIES DUTIES IN THE INDONESIA COMPETITION LAW
Wardhana, Nandi
Faculty of Law, Diponegoro University
Array
Indonesian competition law today requires a renewal of one of them concerning the doctrine of essential facilities duties. The doctrine essential facilities duties is a doctrine imposed on a dominant business actor who has access to essential facilities to provide access for competing business actors to use the facility. Regulation of essential facilities duties are needed to reduce dominance of a dominant firm in a particular market. This study uses a statutory approach, conceptual approach, and a comparative approach between the arrangements in the United States, Europe and Indonesia. The approach is expected to illustrate, harmonize problems arising, and provide better legal protection in the world of business competition. The doctrine essential facilities duties were first applied in the United States and then followed by European countries. The doctrine of essential facilities duties in the United States is based on the sherman act and uses theapproach rule of reason. The doctrine of essential facilities duties in European countries based on EC focuses on refusal to deal. The doctrine of essential facilities duties is explicitly implied in Law No. 5 of 1999. From this study it is concluded that the regulation on essential facilities duties in Law No. 5 of 1999 still can not provide a good legal protection for business competition in Indonesia.
Fakultas Hukum, Universitas Diponegoro
2018-10-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/19307
Diponegoro Law Review; Vol 3, No 2 (2018): Diponegoro Law Review October 2018
eng
https://ejournal.undip.ac.id/index.php/dlr/article/download/19307/49733
https://ejournal.undip.ac.id/index.php/dlr/article/download/19307/49734
Copyright (c) 2018 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/24904
2020-04-17T17:07:14Z
dlr:ART
"190930 2019 eng "
2527-4031
dc
RISK MANAGEMENT IN THE PROVISION OF PEOPLE’S BUSINESS CREDIT AS IMPLEMENTATION OF PRUDENTIAL PRINCIPLES
Disemadi, Hari Sutra
Faculty of Law, Diponegoro University
Array
The bank is a financial institution that has an intermediary function that bridges the interests of parties who are excess funds (creditors) and those who need funds (debtors). Banks in channeling funds, among others, through the provision of credit to the public. However, loans issued by banks contain a lot of risk, one of them is People's Business Credit (KUR). Issues regarding the risks of granting credit above will be discussed in this study, which this study uses a normative juridical method using the statutory approach. This study shows the arrangements regarding risk management are regulated in PBI Number 11/25/PBI/2009 concerning the Application of Risk Management in Commercial Banks and in Regulation of the Financial Services Authority Number 18 / POJK.03 / 2016 Regarding the Implementation of Risk Management for Commercial Banks. The implementation of the prudential principle internally for a bank's Human Resources (HR) is to apply the Banking Risk Management Principles. Banking practices usually assess five aspects of debtors (the five C’s analysis), namely: character, capital, capacity, economic conditions and collateral.
Fakultas Hukum, Universitas Diponegoro
2019-09-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/24904
Diponegoro Law Review; Vol 4, No 2 (2019): Diponegoro Law Review October 2019
eng
Copyright (c) 2019 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/33001
2020-11-06T00:47:17Z
dlr:ART
"201030 2020 eng "
2527-4031
dc
POTENTIAL OCCUPATION IN HALAL INDUSTRY FOR REINFORCEMENT SHARIA ECONOMIC LAW
Deuraseh, Nurdeng
Halalan Thayyiban Research Centre, Universiti Islam Sultan Sharif Ali
Heradhyaksa, Bagas
Faculty of Sharia and Law, UIN Walisongo Semarang
Array
One of the main critical but interesting issues today to be discussing and debated even there is no right or wrong answer to this issue, is the job opportunity and career for young graduates in almost all educational disciplines especially social and religious science which including also halal science in the current of uncertain and bad economy situation. It is a known fact that everyone of us including myself has gone through a rough start in our life or career upon graduations many years ago. We grabbed whatever came along the way before we built our successful career. We have to pick up any jobs along the line as we have got bills to pay and stomach to feed and later on family to take care. In this article, discussion will be made to identify the challenge and job opportunity for halal science graduates. Its challenge is not so critical as others because halal education is a new discipline that rooted in the Holy Quran and the Sunnah of the Prophet Muhammad (s.a.w) and emerges in modern life as a result of high demand of global society since halal business proposition is ready to be the next world market force in global. In this regards, various Islamic political policies have been determined and implemented in Muslim countries notably Negara Brunei Darussalam for the purpose of disseminating and developing halal education for global reach. It is found that the graduates of halal science may try to secure their job and career in many positions notably as government servant in several Ministries i.e.., education, health, agriculture, trade, finance, etc.; halal auditors; halal consultants; working in Industry/company; research assistant & researcher in Universities; Educationist i.e., teacher; religious preachers (Da`i); academician; halal- entrepreneur and MA & PhD Students.
Fakultas Hukum, Universitas Diponegoro
2020-10-30 23:35:33
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/33001
Diponegoro Law Review; Vol 5, No 2 (2020): Diponegoro Law Review October 2020
eng
Copyright (c) 2020 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/28330
2021-05-12T08:37:45Z
dlr:ART
"210430 2021 eng "
2527-4031
dc
THE LEGALITY OF EX-ISIS CITIZENSHIP FROM INDONESIA IN IRAQ AND SYRIA
Hananto, Pulung Widhi Hari
Faculty of Law, Universitas Diponegoro
Array
After the death of the supreme commander of the Islamic State of Iraq and Syria (ISIS), Abu Bakar Al Baghdadi, marked the end of ISIS's legitimacy and hegemony in the Arabian Peninsula. The incident actually led to a new polemic related to the fate of combatants or sympathizers whose support the ISIS (Foreign Terrorist Fighter). With the defeat of ISIS, many FTF are trapped unable to return to their home/ origin countries. On the other side, the sentiment of the country of origin has arisen to not accept its citizens back and lead to revocation of citizenship status. As one of the donor countries for ISIS member, the Government of Indonesia is faced with serious problems regarding the legality of citizenship status and the threat of radical ideology. The dilemmatic attitude to revoke Indonesian citizenship or to repatriate the Ex-ISIS becomes a matter of climax. The issue of this article to centralize and highlight the legality toward the ex-ISIS citizenship from Indonesia in Iraq and Syria. In addition, this article also to give the perspective and elaboration in matter of consequences to repatriate those former ISIS or to withdraw their citizenship. The results of the study of this article are criticized and also analyze the legality of citizenship of ex ISIS member from Indonesia.
Fakultas Hukum, Universitas Diponegoro
2021-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/28330
Diponegoro Law Review; Vol 6, No 1 (2021): Diponegoro Law Review April 2021
eng
Copyright (c) 2021 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/34447
2022-05-18T04:42:38Z
dlr:ART
"220428 2022 eng "
2527-4031
dc
THE URGENCY OF ELECTRONIC KNOW YOUR CUSTOMER (E-KYC): HOW ELECTRONIC CUSTOMER IDENTIFICATION WORKS TO PREVENT MONEY LAUNDERING IN THE FINTECH INDUSTRY
Ghozi, Ahmad
Faculty of Law, Universitas Indonesia
Array
The development of the Financial Technology (FinTech) Industry in Indonesia is very rapid. Financial Technology (FinTech) can generally be defined as an industry that combines technology and financial features as its business model. One of the advantages FinTech business is the speed and convenience for parties to conduct transactions. The speed and simplicity of transactions in the FinTech business are due to the use of technology in the financial services provided. Furthermore, the FinTech industry facilitates parties to conduct non-face-to-face transactions. The advantages offered by the FinTech industry raise concerns that this business could be used by criminals to commit money laundering crimes. This research tries to see the vital role of using Know Your Customer (KYC) customer principles which are carried out electronically to be applicable in preventing FinTech businesses from being used as a means of committing money laundering crimes.
Fakultas Hukum, Universitas Diponegoro
2022-04-28 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/34447
Diponegoro Law Review; Vol 7, No 1 (2022): Diponegoro Law Review April 2022
eng
Copyright (c) 2022 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/12207
2020-04-17T17:03:06Z
dlr:ART
"161007 2016 eng "
2527-4031
dc
HUMAN RIGHTS BASED LAW ENFORCEMENT FOR THE VIOLATION OF LOCAL REGULATION BY CIVIL SERVICE POLICE OF SEMARANG MUNICIPALITY
Setiyono, Joko
Faculty of Law, Diponegoro University http://ejournal.undip.ac.id/index.php/dlr
Array
In the era of regional autonomy, the role of civil service police in the enforcement of Local Regulations is crucial to support regional development. However in practice, civil service police often find obstacles and resistance from the public they face. Therefore, it is required for civil service police to act on the base of human rights during the regulation enforcement process. The results hows that the performance of Semarang civil service police in conducting the Local Regulations enforcement process during 2009-2014 had been done based on human rights. There are still any resistance from the public in some actions, but it can be understood as the result of lack of socialization about the regulations, lack of dialogue and coordination with the citizens, as well as lack of satisfaction of citizens in the solution or redress given to them.
Keywords : human rights, enforcement, violation, local regulation, municipality
Fakultas Hukum, Universitas Diponegoro
2016-10-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/12207
Diponegoro Law Review; Vol 1, No 1 (2016): Diponegoro Law Review October 2016
eng
Copyright (c) 2016 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/41273
2022-12-19T01:56:21Z
dlr:ART
"221027 2022 eng "
2527-4031
dc
LEGAL POLICY ON ECO-PARTNERSHIPS TO ACHIEVE SUSTAINABLE DEVELOPMENT
Absori, Absori
Faculty of Law, Universitas Muhammadiyah Surakarta
Bangsawan, Mohammad Indra
Faculty of Law, Universitas Muhammadiyah Surakarta
Budiono, Arief
Faculty of Law, Universitas Muhammadiyah Surakarta https://orcid.org/0000-0002-5284-5684
Disemadi, Hari Sutra
Faculty of Law, Universitas Internasional Batam https://orcid.org/0000-0002-2056-5952
Array
There is a lack of maximum realization of sustainable development in the Surakarta City Government’s partnerships. This study proposes a fishbone diagram that seeks the root causes that affect the realization of partnerships that encourage sustainable development in Surakarta. The study aimed to convey ideas on environment-based local government partnership policies (Eco-Partnerships) to achieve sustainable development. It was a descriptive, doctrinal-method legal research. The primary data was sourced from library research, and the author also carried out some field research. The research used several indicators, namely Surakarta City Government’s Partners, Regulations, and Culture as the small bones and the analysis result of the failure to realize eco-friendly partnerships as the big bone. The result of the study showed that the implementation status of 19 out of 52 regional partners and five regional partners with a focus on environmental activities had not yet been followed up by the regional government. The regulation was ineffective because the Surakarta Government lacked adequate policies on eco-partnerships. Therefore, the Surakarta City Government needed to enforce a policy based on regional regulations on partnerships that integrate economic, social, and environmental aspects (Eco-Partnership).
Fakultas Hukum, Universitas Diponegoro
2022-10-27 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/41273
Diponegoro Law Review; Vol 7, No 2 (2022): Diponegoro Law Review October 2022
eng
Copyright (c) 2022 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/15331
2019-09-27T10:41:56Z
dlr:ART
"170428 2017 eng "
2527-4031
dc
BATANG STEAM POWER PLANT, THE STRUGGLE OF INTERESTS BETWEEN THE CENTRAL GOVERNMENT AND THE LOCAL COMMUNITY
Priyono, Ery Agus
Faculty of Law, Diponegoro University
Array
The electricity power crisis will hit the island of Java 2018 due to growth in electrical load continues to increase with growth per year to reach about nine percent. Steam Power Plant in Batang District has become the main hope in overcoming the electricity power crisis, especially in Java and Bali.Construction of the power plant in the district of Batang situated on land and at sea. There is no problem with land area because it has in accordance with the Spatial Batang District regulation, but the position at sea It crash to Government Law (PP) no. 26 year 2008 of National Spatial Plan. It triggers a conflict between central and local governments on the one hand with the local community on the other hand. Resolution of the conflict can not be patterned positivistic application of the law but the application of laws that are pluralism that enables a win-win solution.
Fakultas Hukum, Universitas Diponegoro
2017-04-28 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/15331
Diponegoro Law Review; Vol 2, No 1 (2017): Diponegoro Law Review April 2017
eng
Copyright (c) 2017 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/18132
2020-11-14T01:39:19Z
dlr:ART
"171030 2017 eng "
2527-4031
dc
DECISION ON THE CIVIL EXCEPTION DEVIATES FROM ARTICLE 136 HIR (ANALYSIS OF THE DECISION OF PN SEMARANG NUMBER: 73/Pdt.G/2010/PN.SMG)
Dja’is, Mochammad
Faculty of Law, Diponegoro University https://scholar.google.co.id/citations?user=p5xVsb0AAAAJ&hl=en
Array
Exceptions should be examined and decided along with the subject matter (Article 136 HIR). The Semarang District Court (PN Semarang) has cut a separate exception from the principal issue of the case. The purpose of the study to know whether exactly the decision of PN Semarang. Data were obtained through literature study and participant observation. Based on the qualitative analysis known, the decision of the exception separated from the principal case by PN Semarang is appropriate. The makers of the National Civil Law Procedure should determine, the decision of the exception is left to the judge's discretion.
Fakultas Hukum, Universitas Diponegoro
2017-10-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/18132
Diponegoro Law Review; Vol 2, No 2 (2017): Diponegoro Law Review October 2017
eng
Copyright (c) 2017 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/21131
2020-04-17T17:05:14Z
dlr:ART
"181030 2018 eng "
2527-4031
dc
THE PROLIFERATION SYMPTOMS OF POLITICAL DYNASTIES IN BANTEN UNDER THE ERA OF GOVERNOR RATU ATUT CHOSIYAH'S
Sutisna, Agus
Government Science Study Program, Universitas Muhamamdiyah Tangerang
Array
Since forming into independent provinces, apart from West Java, Banten political life was marked by the strengthening of the symptoms of a political dynasty, both at the provincial and district and city. At the provincial level, the dominance of the local strongmen, Tb. Chasan Sochib in political of Banten very prominent and managed to put his son, Ratu Atut Chosiyah the governorship for almost two periods (2006-2011 and 2011-2014). Post success in occupying the post of governor, hypothetically Ratu Atut successfully build and develop a political dynasty to the various arenas of public life. This research was carried out on the object of governance and practices of government power governor of Banten province, with the aim to identify and explain how the practice of political dynasties or political kinship in Banten province in the era of the leadership of Governor Ratu Atut Chosiyah proliferate (distribution, diasporic) in various arenas of public life. This study used a qualitative approach, the method of collecting data and information through interviews, triangulation, literature and documents. The results showed that the practice of political dynasties in the era of the leadership of Governor Ratu Atut Chosiyah in Banten show any symptoms of the spread (proliferation, diasporic), not only in the realm of executive and legislative power, but also spread in many arenas of life of society, such as the arena business life, socio-cultural, educational, and organizational.
Fakultas Hukum, Universitas Diponegoro
2018-10-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/21131
Diponegoro Law Review; Vol 3, No 2 (2018): Diponegoro Law Review October 2018
eng
Copyright (c) 2018 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/24134
2020-04-17T17:06:35Z
dlr:ART
"190430 2019 eng "
2527-4031
dc
THE FREEDOM OF CONTRACT IN PLANTATION CORE ESTATE AND SMALLHOLDERS
Fahamsyah, Ermanto
Faculty of Law, Jember University
Array
The Plantation Core Estate and Smallholders (PIR/Perkebunan Inti Rakyat) is a partnership scheme of the estates whereby a large estate acts as the core of development to small local farms in a mutually beneficial, integral, and continous system. Simply put, PIR is one form of contract farming. The PIR scheme was first introduced in by Indonesia government in order to encourage the development in local farms. Moreover, the partnership system is based on patron-client relationship and regulated through a contract in which the large estate is the patron and local farms are the client. However, the PIR system involves state within the contract. The state’s involvement is important so as to safeguard the interests of local farms (client) which are prone to predatory exploitation by the patron (large estate) and thus, balancing the bargaining powers of each party in the contract. This paper problematizes the contractual mechanism of PIR in respect to the freedom of contract. Thus, it can be concluded that the state’s involvement in the PIR shows that the freedom of contract principles are rigged to a degree which restricts some of the patron’s powers such as controls on supply and price in order to protect the local farms from being exploited.
Fakultas Hukum, Universitas Diponegoro
2019-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/24134
Diponegoro Law Review; Vol 4, No 1 (2019): Diponegoro Law Review April 2019
eng
Copyright (c) 2019 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/28671
2020-05-07T02:15:44Z
dlr:ART
"200430 2020 eng "
2527-4031
dc
IMPLEMENTATION OF INVESTMENT FUNDS SHARING AGREEMENT IN SHARIA BANKING SYSTEM IN INDONESIA
Israhadi, Evita Isretno
Faculty of Law, Universitas Borobudur
Array
Mudharabah financing investment, also known as trust financing, is a method of distributing funds in Sharia banking to comply with the religious prohibition of interest on loans. However, the use of legal protection has not been maximized in increasing the growth of mudharabah financing investment products, especially for SMEs (Micro, Small and Medium Enterprises), due to the complicated process of filing and guarantees needed by the bank. This study, therefore aims to implement adequate investment funds sharing agreement in Indonesia’s Sharia Banking System for mudharabah investments to be felt in all categories. The result showed that regulatory restructuring is needed for the application of mudharabah investment to be a real sector driver without eliminating the purity of Islamic principles.
Fakultas Hukum, Universitas Diponegoro
2020-04-30 18:06:48
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/28671
Diponegoro Law Review; Vol 5, No 1 (2020): Diponegoro Law Review April 2020
eng
Copyright (c) 2020 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/28870
2021-05-12T08:37:49Z
dlr:ART
"210430 2021 eng "
2527-4031
dc
DOUBLE TRACK CRIMINAL SYSTEM OF INDONESIA: CRIMINAL SANCTION AND CHEMICAL CASTRATION TREATMENT POLICY ON PEDHOFILIA?
Appludnopsanji, Appludnopsanji
Faculty of Law, Universitas Diponegoro
Purwanti, Ani
Faculty of Law, Universitas Diponegoro
Array
Cases of sexual contact with threats or violence perpetrated against children by adult offenders may be subject to criminal penalties and treatment of chemical castration. This is governed by Law No. 17 of 2016, which passed the Government Regulation in lieu of Law No. 17 of 2016. The existence of criminal sanctions and acts in the form of chemical castration is a breakthrough and a manifestation of the implementation of double-track sentencing. The chemical castration treatment has led to the opposition of society. Consequently, to find out how the regulation of chemical castration treatment and to know what chemical castration is appropriate with the double-track criminal system. It is necessary to researching doctrinal research. The results showed that chemical castration is an treatment and castration has been contradicted with the double-track criminal system adopted by Indonesia.
Fakultas Hukum, Universitas Diponegoro
2021-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/28870
Diponegoro Law Review; Vol 6, No 1 (2021): Diponegoro Law Review April 2021
eng
Copyright (c) 2021 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/34577
2021-10-31T18:19:57Z
dlr:ART
"211031 2021 eng "
2527-4031
dc
TRANSPARENCY INFORMED CONSENT RELATED TO PATIENT DISHONESTY AMID COVID-19 PANDEMIC IN INDONESIA: IN LAW PERSPECTIVE
Herawati, Tiwuk
Master of Law, Universitas Muhammadiyah Malang
Wiryani, Fifik
Master of Law, Universitas Muhammadiyah Malang
Nasser, M.
Master of Law, Universitas Muhammadiyah Malang
Najih, Mokhammad
Master of Law, Universitas Muhammadiyah Malang
Array
To break the chain of transmission of covid-19 outbreak, the public is expected to be honest in explaining chronological physical contact when treating to health facilities, especially if the patient experiences symptoms of covid-19. Honesty of patients indicated by COVID-19 is very important so that the chain of transmission of covid-19 does not expand and facilitate health workers in data collection. Denial, lies, even like the refusal of covid-19 corpses if it continues to be left, does not mean the countermeasures of covid-19 are increasingly stretched. This article tries to review the transparency of informed consent in relation to patient dishonesty, where transparent communication is expected by the patient to be honest and not to cover the perceived symptoms or various things related to covid-19. This research is normative juridical research. In normative legal research, library material is the basic data that in research science is classified as secondary data.
Fakultas Hukum, Universitas Diponegoro
2021-10-31 17:43:39
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/34577
Diponegoro Law Review; Vol 6, No 2 (2021): Diponegoro Law Review October 2021
eng
Copyright (c) 2021 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/36299
2023-08-23T05:24:11Z
dlr:ART
"230430 2023 eng "
2527-4031
dc
IMPROVEMENT OF SUBSTANTIVE PROVISIONS OF THE VALIDITY OF AGREEMENT IN THE INDONESIAN CIVIL CODE
Sugiastuti, Natasya Yunita
Faculty of Law, Universitas Trisakti
Purnamasari, Dian
Faculty of Law, Universiti Kebangsaan Malaysia
Array
The legal effect of non-fulfillment of the requirement for the validity of the agreement is that the existence of such agreement is not recognized, cancellation can be requested or it can be declared null and void. Due to the significance of such legal requirements and consequences for the validity of the agreement, it is in need of analysis. With the emergence of the idea of reforming national contract law, this research intends to provide some thoughts for the improvement of the national law of obligations, particularly with regard to the validity of the agreement. These reflections are results of the study regarding to contract validity as regulated under Nieuw Burgerlijk Wetboek. This is normative legal research; with the legislative, conceptual, and comparative law approach, the data used is in the form of secondary data, obtained through a literature review. Based on the results of the study, several recommendations are being put forward for the improvement of the national law of obligations, both with regard to the subjects entering into agreement (provisions concerning consent and capacity) as well as recommendations with regard to the object of agreement (provisions concerning certain things and the contents of agreement).
Fakultas Hukum, Universitas Diponegoro
2023-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/36299
Diponegoro Law Review; Vol 8, No 1 (2023): Diponegoro Law Review April 2023
eng
Copyright (c) 2023 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/41400
2022-12-19T01:56:21Z
dlr:ART
"221027 2022 eng "
2527-4031
dc
SHIFTING THE ROLE OF MEDIATION IN ISLAMIC INHERITANCE DISPUTES: AN OVERVIEW OF ISLAMIC LEGAL PHILOSOPHY
Rohman, Adi Nur
Faculty of Law, Universitas Bhayangkara Jakarta Raya
Array
This article aims to see the other side of mediation as an alternative settlement of inheritance disputes. The general view of the community is that mediation is carried out after the occurrence of a dispute as a form of dispute resolution between the disputing parties. However, the perspective of Islamic legal philosophy sees the other side of the role of mediation in dealing with disputes, including inheritance disputes. The writing of this paper is done in an analytical descriptive manner that combines a normative juridical approach with a philosophical approach. The study results show that the settlement of inheritance disputes can be done in two ways; litigation and non-litigation. As one of the non-litigation channels and acting as a dispute resolution institution, mediation also prevents disputes. Mediation is positioned to avoid disputes arising at the philosophical level in inheritance cases. This argument can be seen from the statements in the Qur'an and hadith regarding inheritance law which indicate that the existence of inheritance law is intended as an effort to prevent disputes.
Fakultas Hukum, Universitas Diponegoro
2022-10-27 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/41400
Diponegoro Law Review; Vol 7, No 2 (2022): Diponegoro Law Review October 2022
eng
Copyright (c) 2022 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/15326
2019-09-27T10:41:56Z
dlr:ART
"170428 2017 eng "
2527-4031
dc
PROTECTING TRADITIONAL BALINESE WEAVING TROUGH COPYRIGHT LAW : IS IT APPROPRIATE?
Dharmawan, Ni Ketut Supasti
Faculty of Law, Udayana University
Array
As part of traditional cultural expressions (TCEs) , traditional weaving including “Traditional Balinese weaving” may be appropriately protected based on article 38 (1) Law No. 28 of 2014 concerning Indonesian Copyright Law. However, the new Indonesian copyright law seem unclearly protect traditional weaving expression as it is. As WIPO, in international level, protects traditional knowledge, the previous Indonesian copyright law (Law No. 19 of 2002) relatively clearly provides a legal basis to protect traditional weaving, especially when a foreigner uses traditional expression works for comercial purposes, the law empasizes that users should get a license from the state. Meanwhile, the new law is silent for a similar discourse. Therefore, the appropriate protection for traditional weaving through copyright regime is still called into question. The sui generis law, both in international and national levels, is espected to provide a legal basis protecting TCEs. Unfortunatly, it is still in the form of a bill until now in Indonesia. By understanding this phenomenon, some grounds to protect TCEs including traditional Balinese weaving can be considered such as human rights approach for traditional cultural community as well as the intangible cultural harritage approaches from UNESCO schema. In addition, sui-generis model provisions as well as inventorying and documenting can be considered as an appropriate way to prove and to preserve, safeguard, maintain, and protect traditional weaving including traditional Balinese weaving, although there are still challenges because a traditional motive of Balinese weaving is easily produced as an industrial fabric material through modern technology
Fakultas Hukum, Universitas Diponegoro
2017-04-28 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/15326
Diponegoro Law Review; Vol 2, No 1 (2017): Diponegoro Law Review April 2017
eng
Copyright (c) 2017 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/47490
2024-03-15T03:41:38Z
dlr:ART
"231031 2023 eng "
2527-4031
dc
COMPARISON OF SHARIA SUPERVISORY REGULATIONS ON ISLAMIC VENTURE CAPITAL IN INDONESIA AND MALAYSIA
Heradhyaksa, Bagas
Faculty of Sharia and Law, UIN Walisongo Semarang http://orcid.org/0000-0003-1214-5488
Octaviani, Rahma
Faculty of Economics and Management Sciences, International Islamic University Malaysia
Pamesti, Pas Ingrid
Faculty of Economics and Business, Universitas Negeri Semarang https://scholar.google.com/citations?user=3iBlDEQAAAAJ&hl=en&oi=ao
Array
Indonesia and Malaysia are two countries that have the potential to become world Sharia financial centers. These two countries have enormous potential because they are countries with a majority Muslim population. One of the sharia financial institutions that is proliferating is sharia venture capital. Basically, sharia venture capital has the same business concept as conventional venture capital. Vanture capital is an institution that can fund a group of parties to develop their business. However, sharia venture capital must comply with Islamic law principles in all its activities. Therefore, it is necessary to monitor sharia compliance in sharia venture capital institutions. This is crucial because all sharia financial institutions must avoid things prohibited by Islamic principles. Therefore, the independence of the Sharia Supervisory Board must be guaranteed. So that it can carry out its supervisory function well. This article aims to compare the concept of sharia supervision in sharia venture capital in Indonesia and Malaysia. The data used comes from library data, both from literature and regulations. These data were analyzed qualitatively. Thus, it was found that there were differences between sharia supervisors in Indonesia and in Malaysia. Sharia venture capital institutions appoint sharia supervisors in Indonesia. Meanwhile, in Malaysia, the Sharia Supervisor is part of the Sharia Commission of Malaysia.
Fakultas Hukum, Universitas Diponegoro
2023-10-31 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/47490
Diponegoro Law Review; Vol 8, No 2 (2023): Diponegoro Law Review October 2023
eng
Copyright (c) 2023 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/19838
2020-04-17T17:04:14Z
dlr:ART
"180430 2018 eng "
2527-4031
dc
COMMUNITY TRENDS TO CHOOSE THE SHARIA ECONOMIC SETTLEMENT AGREEMENT
Harsya, Rabith Madah Khulaili
Doctoral Program in Law Science, the Faculty of Law, Sebelas Maret University
Array
The tendency of people to choose the Sharia Economic Dispute Settlement Institution. The facts of the lack of sharia economic case submitted and decided by litigation and non-litigation institutions are the background of the research. This research is a kind of explorative research that uses qualitative approach to mengunggkap legal facts in the context of sharia economy. Data in the form of questionnaires / questionnaires processed only to describe the percentage percentage of the economic tendency of sharia community to choose dispute settlement institutions. This description is a preliminary data that lead researchers to explore the points of question needed in the interview between the results of quantitative data processing with the facts on the ground shows that people choose various options in solving the dispute sharia economy.
Fakultas Hukum, Universitas Diponegoro
2018-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/19838
Diponegoro Law Review; Vol 3, No 1 (2018): Diponegoro Law Review April 2018
eng
Copyright (c) 2018 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/24129
2020-04-17T17:06:00Z
dlr:ART
"190430 2019 eng "
2527-4031
dc
RELIGIOSITY IN CRIMINAL LAW: ISLAMIC PERSPECTIVE
Haqqi, Abdurrahman Raden Aji
Faculty of Shariah and Law, Universiti Islam Sultan Sharif Ali (UNISSA)
Array
The fundamental premises of Islamic law are that Allah has revealed His will for human-kind in the Holy Quran and the inspired example of the Prophet Muhammad (Peace be Upon Him), and that society's law must conform to Allah's revealed will. The scope of Islamic law is broader than the common law or civil law. In addition to core legal doctrines covering the family, wrongs, procedure, and commercial transactions, Islamic law also includes detailed rules regulating religious ritual and social etiquette. In Islam, religiosity is not asceticism in monasteries nor is it chattering from the pulpits. Instead, it is behaving in a manner that is requested from the Creator under all circumstances, places and times, in belief, statement and actions. Historically, law and religion have never been completely separated. They have never been so independent as to achieve complete autonomy from each other. Religion has essentially been embodied in legal systems, even in those that have aspired to privatize religion. Based on this fact, this paper discusses such fact i.e religiosity on specific theme of Islamic law that is criminal law which means the body of law dealing with wrongs that are punishable in Islamic law with the object of deterrence.
Fakultas Hukum, Universitas Diponegoro
2019-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/24129
Diponegoro Law Review; Vol 4, No 1 (2019): Diponegoro Law Review April 2019
eng
Copyright (c) 2019 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/28332
2020-05-07T02:09:20Z
dlr:ART
"200430 2020 eng "
2527-4031
dc
JUDICIAL REFORMS IN CHINA: THE WAY OF STRENGTHENING THE JUDICIAL INDEPENDENCE
Islam, Mohammad Saiful
Beijing Institute of Technology, International Islamic University Chittagong (IIUC)
Xin, Xu
Institute for Advanced Judicial Studies (IAJS), & Professor, School of Law, Beijing Institute of Technology
Array
The idea of judicial independence and Chinese courts are the parallel subject matter of discourse among the scholars in several fields in place of either judicial independence strengthen or restricted as Chinese authority continually pushes numerous judicial reform strategy year to year. The westerns, frequently, utter China’s courts are beyond enjoying appropriate independence to decide judicial verdicts solely and independently. Conversely, the Chinese leaders enunciate they entirely extempore to swallow the Western impresses as they are a cradle of rescinding the unique Chinese features. This paper, broadly, attempts to address the design of several rounds of judicial reform policy till nowadays as a means of strengthening the independence of courts. The study catches that the Chinese authority invests rigorous reform efforts to the efficient management of court administrations; to recruit better-qualified judges; to reduce internal interference from party leaders and courts seniors. They also amended laws to progress decisional independence that will extend the Chinese judiciary closer to unaffected judicial independence.
Fakultas Hukum, Universitas Diponegoro
2020-04-30 18:06:48
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/28332
Diponegoro Law Review; Vol 5, No 1 (2020): Diponegoro Law Review April 2020
eng
Copyright (c) 2020 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/28466
2020-10-31T07:47:51Z
dlr:ART
"201030 2020 eng "
2527-4031
dc
EXECUTION MECHANISM OF MORTGAGE RIGHTS USING EXECUTORIAL TITLE IN SHARIA BANKING IS WHOSE AUTHORITY?
Noor, Afif
Faculty of Sharia and Law, UIN Walisongo Semarang http://orcid.org/0000-0003-1214-5488
Heradhyaksa, Bagas
Faculty of Sharia and Law, UIN Walisongo Semarang
Array
Mortgage Right is a guaranteed right to land that is attached to the debt process. The authority to execute the guarantee of Liability on Sharia banks is an important matter to be discussed in the study of business law or commercial law as an effort to return loans that have been given by creditors (sharia banks) to debtors (customers) on financing problems or breach of contract. The Guarantee of Mortgage will not have meaning if the guarantee cannot be executed. The significance of this study is to know the mechanism of request for execution of guarantee of mortgage rights at a sharia bank after the decision of the Constitutional Court No. 93/PUU-X/2012. The research methodology used in this article is the research library. This article analyzes the laws related to the mechanism of execution of mortgage rights in sharia banks. Finally, this research found that the execution of mortgage righst in Islamic banks is the authority of the Religious Court. The mechanism for requesting the execution of a mortgage guarantee at a sharia bank is also the same as the mechanism for requesting mortgage rights at a district court.
Fakultas Hukum, Universitas Diponegoro
2020-10-30 23:35:33
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/28466
Diponegoro Law Review; Vol 5, No 2 (2020): Diponegoro Law Review October 2020
eng
Copyright (c) 2020 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/35291
2021-10-31T18:17:31Z
dlr:ART
"211031 2021 eng "
2527-4031
dc
KNOWING COMPANY SECRETS THROUGH EMPLOYEE POSTS ON SOCIAL MEDIA
Johan, Suwinto
Faculty of Business, President University http://orcid.org/0000-0002-8427-162X
Array
In today's digital era, many young employees like to upload their activities every day. Uploads in the form of activities, feelings to the outpour of the heart. Company activities include meeting activities, company announcements, to computer screens that display reports that are being made. In addition to company activities, employees also like to upload complaints about work, colleagues, superiors, companies, business partners to customers. There are also employees wearing company uniforms but uploading an activity that does not represent the company but is personal. These posts may leak company secrets or defame the company and coworkers. These posts create legal events. This research uses normative judicial. This study aims to determine whether uploads of company activities or uploads regarding company information can be subject to applicable legal sanctions? This study concludes that uploads that offend personally can be subject to sanctions if any offended party makes a report. Employees upload company secrets, trade secrets, or material company information. Companies can impose sanctions in the form of warning letters to termination of employment. The company's relationship with employees is based on work agreements and company regulations.
Fakultas Hukum, Universitas Diponegoro
2021-10-31 17:43:39
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/35291
Diponegoro Law Review; Vol 6, No 2 (2021): Diponegoro Law Review October 2021
eng
Copyright (c) 2021 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/37090
2022-05-18T04:43:58Z
dlr:ART
"220428 2022 eng "
2527-4031
dc
UTILIZATION OF MEDIATION IN MEDICAL DISPUTE SETTLEMENT DURING COVID 19 PANDEMIC
Kusumaningrum, Anggraeni Endah
Faculty of Law, Universitas 17 Agustus 1945 Semarang https://orcid.org/0000-0001-7118-0406
Array
Health services provided by doctors to patients during the COVID-19 pandemic can lead to medical disputes, such as the case of a patient who feels he has been infected with the virus even though the results of the PCR swab are negative, as well as the refusal of patients who are about to give birth because they have not had a PCR swab. Mediation can be used as an alternative to medical dispute resolution outside the court by involving the mediator in order to achieve a final result that is acceptable to the parties. This study uses a normative juridical approach and secondary data sources as the main data through primary, secondary, and tertiary legal materials and will be analyzed qualitatively. The obligation to carry out mediation in medical disputes is considered a faster and relatively inexpensive dispute resolution process and fulfills a sense of justice as regulated in Article 29 of Law No. 36 of 2009 concerning Health in accordance with Article 130 HIR and Article 154 Rbg that cases that do not take the Mediation procedure are a violation. To the provisions of HIR and Rbg. Similarly, PERMA No. 1/2016 concerning Mediation Procedures in Court as a substitute for PERMA No. 1/2008.
Fakultas Hukum, Universitas Diponegoro
2022-04-28 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/37090
Diponegoro Law Review; Vol 7, No 1 (2022): Diponegoro Law Review April 2022
eng
Copyright (c) 2022 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/22242
2020-04-17T17:06:47Z
dlr:ART
"190930 2019 eng "
2527-4031
dc
THE ROLE OF GENERAL ATTORNEY IN ERADICATION OF CORRUPTION BY CORPORATION
Ruhiyat, Satya Marta
Andalas University
Ismansyah, Ismansyah
Andalas University
Mulyati, Nani
Andalas University
Array
Considerable efforts have been made to fight corruption, however it continues to occur in Indonesia. In the present time, corruptions do not only carry out by individuals but also by corporations. However, the Criminal Code and Criminal Procedure Code do not recognize and regulate corporations as the subject of criminal acts, so that law enforcement officials, especially prosecutors, have difficulty in charging corporations. This paper tries to answer question about the role of prosecutors in the eradication of corruption by corporation based on The General Attorney Regulation Number: PER-028/A/JA/10/2014 on guidelines for prosecuting corporation. The research method employed is normative juridical method, where the data is analyzed with qualitative methodology. The General Attorney Regulation on Corporate Legal Subjects explains more apparent criteria for actions that can be attributed to the corporation. The regulation combines several theories of corporate criminal liability not only heavily rely on vicarious criminal liability theory. It also provides direction about the separation of corporate liability and director’s liability. With this guideline, the public prosecutors have clearer direction to be able to charge the corporation so that it can restore the state finances that have been harmed by the corruption act.
Fakultas Hukum, Universitas Diponegoro
2019-09-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/22242
Diponegoro Law Review; Vol 4, No 2 (2019): Diponegoro Law Review October 2019
eng
Copyright (c) 2019 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/39925
2023-08-23T05:24:11Z
dlr:ART
"230430 2023 eng "
2527-4031
dc
PROSECUTING RAPE ATROCITIES IN TIGRAY: SHOULD INTERNATIONAL CRIMINAL COURT TAKE OVER THE CASE?
Cahyani, Made Ananda Bella
Faculty of Law, Universitas Udayana
Arsika, I Made Budi
Faculty of Law, Universitas Udayana
Array
Thousands of women in Tigray have experienced massive atrocities of rape since early November 2020, the beginning of the wage of war between the Tigray People’s Liberation Front and the Ethiopian Government. This article examines rape in Tigray as a war crime and analyzes the prospect of holding perpetrators criminally responsible before the International Criminal Court (ICC). This paper is legal research using the statutory, case, fact, and conceptual approaches. The result suggested that there exist war crimes of rape in Tigray. In order to achieve justice for the victims and the sake of a sense of the humanity of people over the world, the case must be tried before an impartial and reliable court, which in this regard, is the ICC. Facts that both Ethiopia and Eritrea are not state parties of the Rome Statute of the ICC do not prevent the case from being prosecuted before the ICC. The most potential means is that international society urges the United Nations Security Council to refer the present case before the ICC to hold the perpetrators criminally responsible.
Fakultas Hukum, Universitas Diponegoro
2023-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/39925
Diponegoro Law Review; Vol 8, No 1 (2023): Diponegoro Law Review April 2023
eng
Copyright (c) 2023 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/16053
2020-11-14T01:39:19Z
dlr:ART
"171030 2017 eng "
2527-4031
dc
MODEL OF BUSINESS ACTIVITIESS OF MICROFINANCE INSTITUTIONS IN INDONESIA
Mulyati, Etty
Faculty of Law, Padjadjaran University
Kartikasari, Kartikasari
Faculty of Law, Padjadjaran University
Mantili, Rai
Faculty of Law, Padjadjaran University
Harrieti, Nun
Faculty of Law, Padjadjaran University
Array
Micro Finance Institutions (LKM) as non-bank financial institutions, are growing very rapidly in Indonesia. A very large number and scope of business in villages/sub-districts and sub-districts or districts can play a role in an inclusive financial program. The existence of LKM operation much help expand employment and improve the welfare and improving the economy and productivity of the people, especially low-income communities. The problem is how to model the business activities of LKM in Indonesia. This research will use normative juridical approach method, with analytical descriptive research specification. In an effort to provide financial services, which are intended for low-income communities and do not have access to bank financial institutions. LKM can bridge the problems of micro business access to capital is needed in business development. LKM has a different character with the other financial sector businesses, because it is not solely intended for profit. LKM business activities can be done in a conventional or sharia, includes loan/financing for micro enterprises for capital needs in business development, and management of deposits in an effort to bring awareness to the community's fond of saving, besides that LKM also provide consulting services for the purpose of business development community empowerment. To provide legal certainty for the LKM service user community, LKM institutions are regulated in LKM Laws, according to the law the LKM must be a legal entity of the Cooperative or Limited Liability Company Fostering, regulating, and supervising and licensing of LKM is performed by the Financial Services Authority (OJK).
Fakultas Hukum, Universitas Diponegoro
2017-10-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/16053
Diponegoro Law Review; Vol 2, No 2 (2017): Diponegoro Law Review October 2017
eng
Copyright (c) 2017 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/35569
2024-03-15T03:41:38Z
dlr:ART
"231031 2023 eng "
2527-4031
dc
LEGALIZE CUSTOM-RELATED LANDOWNERSHIP TRANSACTIONS: THE INDONESIAN EXPERIENCE
Wahid, Abdul
Faculty of Law, Universitas Muhammadiyah Cirebon https://orcid.org/0000-0001-5285-3425
Badriyah, Siti Malikhatun
Faculty of Law, Universitas Diponegoro
Nasoha, Ahmad Muhamad Mustain
Faculty of Sharia, UIN Raden Mas Said
Zamzami, Zamzami
Faculty of Sharia, Imam Syafi'i Hadhramaut University
Array
The secret sale of land raises changes in certificate ownership dilemma. The absence of seller during creation of the Deed of Sale and Purchase (AJB) poses a severe obstacle, coupled with the buyer's lack of knowledge. Another constraint is buyer's inability to create a deed due to seller's unknown address. This research highlights buyer's efforts to overcome obstacles in transferring land certificates from off-the-record land transactions. This is a normative legal approach through literature analysis. The results show that buyers can overcome obstacles by filing a lawsuit for unlawful actions in the district court where the land is located. This lawsuit is related to unlawful actions by the defendant, such as rejection or hindrance to changing the land certificate's name. Through the trial, the court can issue an order instructing the National Land Agency (Badan Pertanahan Nasional or BPN) to transfer the land certificate in the buyer's name. Even without the Deed of Sale and Purchase (AJB), the court order serves as a legal basis for BPN to execute this process. Upon completion, the buyer obtains legal certainty regarding land ownership, and despite lacking AJB, the renamed land certificate becomes valid proof of the buyer's land ownership.
Fakultas Hukum, Universitas Diponegoro
2023-10-31 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/35569
Diponegoro Law Review; Vol 8, No 2 (2023): Diponegoro Law Review October 2023
eng
Copyright (c) 2023 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/19845
2020-04-17T17:04:30Z
dlr:ART
"180430 2018 eng "
2527-4031
dc
PROGRESSIVE LAW REVEALED: A LEGAL PHILOSOPHICAL OVERVIEW
Indarti, Erlyn
Faculty of Law, Diponegoro University
Array
Progressivism is in essence the principles, beliefs, or practices of progressives, i.e. ones believing in moderate social and political progress in the human condition by means of governmental action. Today’s progressives still fail to offer a coherent account of their core philosophy. They are identified more often by 'what it is not' than by 'what it is'. Progressive law requires the state to embrace a boundless function and use its power to tell people what they must and must not do so as to allow them to get hold of their desired affluence. This concept is embodied in the legal principle Malum Prohibitum. Legal philosophical overview reveals that with this principle progressive law may have the potential to manufacture a system of laws that excessively empowers the state so that liberty is crushed and the light of a free society is replaced with the darkness of tyranny.
Fakultas Hukum, Universitas Diponegoro
2018-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/19845
Diponegoro Law Review; Vol 3, No 1 (2018): Diponegoro Law Review April 2018
eng
Copyright (c) 2018 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/19606
2020-04-17T17:04:54Z
dlr:ART
"181030 2018 eng "
2527-4031
dc
VIOLENCE AGAINST WOMEN, EQUALITY OF GENDER AND SOCIAL ETHICS
Eleanora, Fransiska Novita
Faculty of Law Bhayangkara, University Jakarta Raya
Array
Humans are created interdependent and complement each other, as well as mutual respect and respect that is what is called a social creature, and live in pairs between men and women to continue offspring, which is a natural human nature that has been hereditary. But in reality, in social life, a woman often gets inhumane treatment, be it in public life or domestic life, is treated rudely, and impressed as not considered, women are very vulnerable to violence, whether physical violence, psychic violence, violence sexual even neglect of household. Or even men do not respect women in the realm of the outside or inside the dwelling. Result in a significant difference to gender equality itself. The most important and protected women's rights are freedom, being treated equally in the eyes of law, teaching and education is absolute, as well as health, legal certainty and justice and legal certainty. Social ethics arises in everyone, according to their nature and character. Human nature can be seen from their actions in treating and respecting others, especially treating the opposite sex, not in accordance with ethics and social sense, then the person is considered disrespectful to others. The literature study is the method used in this study is to have a purpose to know gender and its equality be the cause of violence against women, and its relation to social ethics. The result is a patriarchal culture that assumes that men as rulers, while women are in a weak position or are perceived as "male" owners, and social ethics greatly affect respect for women, where social ethics strongly determines one's behavior and how to respect and respect for women's rights.
Fakultas Hukum, Universitas Diponegoro
2018-10-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/19606
Diponegoro Law Review; Vol 3, No 2 (2018): Diponegoro Law Review October 2018
eng
https://ejournal.undip.ac.id/index.php/dlr/article/download/19606/50742
Copyright (c) 2018 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/25237
2020-04-17T17:07:19Z
dlr:ART
"190930 2019 eng "
2527-4031
dc
THE COMPARISON BETWEEN CONVENTIONAL, SHARIA, AND SOCIAL INSURANCE IN INDONESIA
Heradhyaksa, Bagas
Walisongo State Islamic University
Hikmah, Nurul
Ombudsman of Republic of Indonesia
Array
Insurance is a risk transfer agreement from the insured to the guarantor. Insurance is a financial institution whose development is quite rapid, both in the world and in Indonesia. Insurance in Indonesia has three forms, namely conventional, sharia, and social. Social Security Organizing Board in Indonesia named BPJS (Badan Penyelenggara Jaminan Sosial). Although all of them are the forms of insurance but has several differences. The fundamental differences are juridical differences and philosophical differences. The purpose of this study is to determine the juridical differences and philosophies of conventional, sharia, and social insurance. This research uses the juridical normative method. This method is used to analyze differences in conventional, sharia and social insurance by studying legal data related to the field. The results of this study found that the legal basis used in conventional, sharia, social insurance has differences. The philosophy of conventional insurance, sharia, and social also has differences. Therefore, although they are both in the form of insurance, conventional, sharia, and social insurance have significant differences respectively.
Fakultas Hukum, Universitas Diponegoro
2019-09-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/25237
Diponegoro Law Review; Vol 4, No 2 (2019): Diponegoro Law Review October 2019
eng
Copyright (c) 2019 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/26621
2020-11-10T01:11:24Z
dlr:ART
"201030 2020 eng "
2527-4031
dc
EFFORTS TO PROTECT CONSUMER’S SPIRITUAL RIGHTS IN ORGANIZING ISLAMIC MICROFINANCE INSTITUTIONS IN INDONESIA
Disemadi, Hari Sutra
Faculty of Law, Universitas Internasional Batam
Ningsih, Ayup Suran
Faculty of Law, Universitas Negeri Semarang
Array
Microfinance Institutions (MFIs) are part of non-bank financial institutions. In organizing, MFIs can be implemented with sharia principles, but not a few people who assume that this Sharia-based MFI is only a label to attract the sympathy of the Muslim community. Based on this, this study aims to determine the legal policies for the implementation of MFIs in Indonesia and to find out regulatory policies regarding sharia principles in the organization of MFIs as an effort to protect the spiritual rights of consumers. This study uses a normative juridical research method with a conceptual approach and a statutory approach. This study shows the legal basis for the organization of MFIs is Law Number 1 of 2013, POJK Number 14/POJK.05/2014, POJK Number 61/POJK.05/2015, and POJK Number 62/POJK.05/2015. The policy of regulating the application of sharia principles as an effort to protect the spiritual rights of consumers has also been regulated in the MFI Law and the implementing regulations namely POJK Number 62/POJK.05/2015 concerning Business Administration of MFIs which in the implementation of sharia-based MFIs must use mudharabah, musyarakah, murabahah, ijarah, salam, istishna, ijarah muntahiah bit tamlik or other contracts (akad) that do not conflict with sharia principles. The policy of applying sharia principles in organizing MFIs is intended to guarantee the protection of the spiritual rights of consumers from Islamic MFIs.
Fakultas Hukum, Universitas Diponegoro
2020-10-30 23:35:33
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/26621
Diponegoro Law Review; Vol 5, No 2 (2020): Diponegoro Law Review October 2020
eng
Copyright (c) 2020 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/28333
2021-05-12T08:37:47Z
dlr:ART
"210430 2021 eng "
2527-4031
dc
LEGITIMIZATION OF JERUSALEM EMBASSY ACT ACCORDING TO INTERNATIONAL LAW
Noviani, Riktin
Faculty of Law, Universitas Padjadjaran
Pratama, Garry Gumelar
Faculty of Law, Universitas Padjadjaran
Array
Jerusalem is a special entity under the administrative power of United Nations according to United Nations General Assembly Resolution 181, where Jerusalem does not fall under the sovereignty of any state. Jerusalem Embassy Act is the public law of United States which recognized Jerusalem as the capital city of Israel by establishing a diplomatic mission in the city.This paper concludes that Jerusalem Embassy Act is illegitimate according to international law. It turns its back to international obligation under the Vienna Convention on Diplomatic Relations 1961 and UN resolutions.Thus, the Jerusalem Embassy Act has to be pulled back by the US parliament in order to maintain international peace and security, bearing in mind the ongoing dispute between Palestine and Israel.
Fakultas Hukum, Universitas Diponegoro
2021-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/28333
Diponegoro Law Review; Vol 6, No 1 (2021): Diponegoro Law Review April 2021
eng
Copyright (c) 2021 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/44644
2022-05-18T04:42:49Z
dlr:ART
"220428 2022 eng "
2527-4031
dc
JURIDICAL ANALYSIS OF LOCAL GOVERNMENT AUTHORITY ON THE ESTABLISHMENT LOCAL REGULATIONS ECO-TOURISM DEVELOPMENT
Sudini, Luh Putu
Faculty of Law, Universitas Warmadewa https://sinta.kemdikbud.go.id/authors/detail?id=5991717&view=overview
Wiryani, Made
Faculty of Law, Universitas Warmadewa https://sinta.kemdikbud.go.id/authors/detail?id=6646537&view=overview
Array
Peraturan Daerah (Perda) are actually formed in the context of implementing provincial/district/city regional autonomy and co-administration tasks, as well as further elaborating the provisions of higher laws and regulations. Ecotourism is a concept of nature-based travel. Law Number 23 of 2014 concerning Regional Government, regulates the affairs and authorities of the provinces, districts and cities. Tourism, environment and forestry affairs are concurrent government affairs, namely the authority is divided between the central government and local governments. Government support in developing ecotourism in the regions is stated in the Regulation of the Minister of Home Affairs Number 33 of 2009 regulating the development of ecotourism in the regions optimally. It needs a strategy of planning, utilization, control, institutional strengthening and community empowerment by taking into account social, economic principles and involving stakeholders interest. However, there are no regulations that more technically regulate the development of ecotourism in the regions. So, there is a vacuum of legal norms. Therefore, local governments have a central role in forming ecotourism regulations in accordance with the ecotourism resource potential of each region. The research was conducted on the problems at which local government level has the authority to form an ecotourism regional regulation and what is the process of its formation. This research uses normative legal research methods, statutory approach, conceptual approach. This study uses an analysis of the Theory of Authority, the elaboration of norms and legislation. The results of the study found that Ecotourism Regional Regulations can be formed by each level of Regional Government according to the government affairs and regional authorities concerned. The obstacle that occurs is that there are still many regions that do not have local regulations on the Master Plan of Regional Tourism Development. This causes the Dinas Pariwisata, Kepemudaan dan Olahraga (Dispaspora) of the area does not have the basis of legal authority to make a document Rencana Induk Pengembangan Parwisata Daerah (RIPPARDA) which serves as a guide to Tourism Management in the area.
Fakultas Hukum, Universitas Diponegoro
2022-04-28 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/44644
Diponegoro Law Review; Vol 7, No 1 (2022): Diponegoro Law Review April 2022
eng
Copyright (c) 2022 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/12208
2020-04-17T17:03:10Z
dlr:ART
"161007 2016 eng "
2527-4031
dc
CONSTITUTIONAL HERMENEUTIC: A FAITH IN CONSTITUTION INTERPRETATION
Hermawan, M. Ilham
Faculty of Law, Pancasila University http://ejournal.undip.ac.id/index.php/dlr
Array
Hermeneutics can be used as a foundation of understanding on the interpretation of the constitution. Hermeneutic goal is not to develop a set of rules or procedures (methods) on textual interpretation, but as meta in the interpretation. Problems of constitutional interpretation cannot be blasted between theories that exist in the interpretation of the constitution. Clash between theories will not be able to resolve the constitutional issue. Each theory has a foundation of rationality and justification of each method. Therefore, the settlement should be drawn more into the realm of deep again, i.e. into the realm of ontology. The purpose is not to develop a set of rules or procedures on the interpretation of the text “method (be cognitive)” but the search for answers to no interpretation itself “ontis”. So objectivity lies in philosophy, then identified “not on what we do or we should do (in interpretation), but what happens to us other than what we want and do”. So it is clear that the hermeneutic assemble themselves on things that are ontological, and identify relationships that cannot be changed between the reader with the text, in the past and the present, which appears at the beginning of understanding.
Keywords : constitutional, hermeneutic, constitution interpretation
Fakultas Hukum, Universitas Diponegoro
2016-10-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/12208
Diponegoro Law Review; Vol 1, No 1 (2016): Diponegoro Law Review October 2016
eng
Copyright (c) 2016 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/15337
2017-07-22T17:28:31Z
dlr:ART
oai:ojs.ejournal.undip.ac.id:article/15332
2019-09-27T10:41:56Z
dlr:ART
"170428 2017 eng "
2527-4031
dc
JUSTICE A YEARNING IN THE IMPLEMENTATION OF THE CONTRACT IN THE SOCIETY
Badriyah, Siti Malikhatun
Faculty of Law, Diponegoro University
Array
The contract is very important in the life of society in the activities of economy, especially since the Foundation in various business activities. The contract is based on the agreement that creates a legal relationship between debtor and creditor. On the other hand often arise out of various problems in the contract, especially concerning the imbalance of legal relationship between the parties. The existence of an imbalance that ultimately gives rise to injustice. Even to this day still be a yearning for Justice, has not realized in various implementation contract in Indonesia
Fakultas Hukum, Universitas Diponegoro
2017-04-28 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/15332
Diponegoro Law Review; Vol 2, No 1 (2017): Diponegoro Law Review April 2017
eng
Copyright (c) 2017 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/18134
2020-11-14T01:39:19Z
dlr:ART
"171030 2017 eng "
2527-4031
dc
LEGAL STUDY ON THE FOUNDATION OF THE FLAT OWNERS AND RESIDENTS ASSOCIATION(PPPSRS)
Suharto, R.
Faculty of Law, Diponegoro University https://scholar.google.co.id/citations?user=aZs0AnIAAAAJ&hl=en
Kristian, Yudhi Hendra
Faculty of Law, Diponegoro University
Array
Practically, many developers did not facilitate the foundation of the flat owners and residents association (PPPSRS) as what has been regulated in Law No.20/2011 on Flats. Many owners or residents of flats do not really care on the responsibility of creating PPPRS based on article 74 number 1. The researcher wanted to know the lawful effects to the developer after the absence of PPPSRS and the lawful follow up should be done in the end.
Fakultas Hukum, Universitas Diponegoro
2017-10-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/18134
Diponegoro Law Review; Vol 2, No 2 (2017): Diponegoro Law Review October 2017
eng
Copyright (c) 2017 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/21132
2020-04-17T17:05:21Z
dlr:ART
"181030 2018 eng "
2527-4031
dc
LEGAL PERSPECTIVE ON ASEAN ECONOMIC COMMUNITY
Hartono, Darminto
Faculty of Law, Diponegoro University
Hardiwinoto, Soekotjo
Faculty of Law, Diponegoro University
Array
Since 2015, the ASEAN Economic Community (AEC) applied in its member countries, Including Indonesia. The preparation effort is regulatory legislation related to the AEC as a guide to achieve country's goals. The research aims to focus on how to inventory of the AEC regulations and how to find out in passing the AEC. The method uses the normative juridical approach and qualitative descriptive data analysis method. These research results that have a global market share, exporting country, investment destination country, a liberalization of ASEAN goods trade, large demographic bonuses, open services sector, aand smoother capital flows constantly. While the challenge is the elevation of the rate of export-import and the inflation rate, the negative impact of broader capital flows, the similarity of export products Which is still diverse must be solved. The Indonesian Government has an authority to regulate the role and function through it policies optimally, because of the opportunities and the existence of Indonesia. It is a matter of course that each member country to face AEC still not enough of expectations.
Fakultas Hukum, Universitas Diponegoro
2018-10-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/21132
Diponegoro Law Review; Vol 3, No 2 (2018): Diponegoro Law Review October 2018
eng
Copyright (c) 2018 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/24237
2020-04-17T17:06:39Z
dlr:ART
"190430 2019 eng "
2527-4031
dc
REGULATIONS FOR E-COMMERCE AGREEMENT ACCORDING TO ICT ACT AND TITLE III OF INDONESIAN CIVIL CODE
Priyono, Ery Agus
Faculty of Law, Diponegoro University
Budiharto, Budiharto
Faculty of Law, Diponegoro University
Wulandari, Asri Hayyunniarizka
Faculty of Law, Diponegoro University
Array
As a fruit of technological telecommunication prowess that is the internet, e-commerce has unveil the barrier that obstructs economic growth due to the unnecessarily complicated conventional procedures of bureaucracy. Technological deveopment in telecommunication has a great contribution to the economic growth for which we should be thankful. Yet at the same time, it needs to be regulated in order to construct a condusive and viable climates for economic growth. This article intends to disclose the availability of regulations that can ensure the safety and stability of the economy and keep the investors, consumers and entrepreneurs in accordance with the Title III of Indonesian Civil Code. The research method of this paper is normative approach that is based on secondary data. The outcome of the research is we found out that e-commerce practices shall be subjected under paragraphs 1320, 1321, 1337, 1338 and 1339 of Indonesian Civil Code.
Fakultas Hukum, Universitas Diponegoro
2019-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/24237
Diponegoro Law Review; Vol 4, No 1 (2019): Diponegoro Law Review April 2019
eng
Copyright (c) 2019 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/28280
2020-04-30T23:41:53Z
dlr:ART
"200430 2020 eng "
2527-4031
dc
THE IMPORTANCE OF LAND REGISTRATION TO SUPPORT SUCCESSFUL ENVIRONMENTAL MANAGEMENT
Ardani, Mira Novana
Faculty of Law, Universitas Diponegoro
Array
Land registration provides legal certainty and protection to holders of land rights. In its implementation it does not always go well, so that what is the goal can not be achieved. A person or legal entity cannot prove that he is the legal owner of a parcel of land. This can lead to land conflicts. Land conflicts can cause overlapping land tenure and overlapping land permits which often results in environmental damage. This research uses a normative juridical approach. Normative juridical research is research focused on examining the application of rules or norms in positive law. The research objective is to find out what ways can be done so that through land registration activities can support the success of environmental management. The results of the study explained that land registration activities through systematic land registration acceleration resulted in land certification for plots of land that had met the requirements, and could strengthen the one map policy database, so that administrative order could be achieved. It also makes land use plans to support the achievement of national development goals and the greatest prosperity of the people, so as to realize environmental sustainability.
Fakultas Hukum, Universitas Diponegoro
2020-04-30 18:06:48
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/28280
Diponegoro Law Review; Vol 5, No 1 (2020): Diponegoro Law Review April 2020
eng
Copyright (c) 2020 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/37372
2021-05-12T08:38:01Z
dlr:ART
"210430 2021 eng "
2527-4031
dc
A MODEL OF ISLAMIC PUBLIC FINANCE IN MALAYSIA’S CONSTITUTION
Ismail, Abdul Ghafar
Faculty of Economics and Muamalat, Universiti Sains Islam Malaysia
Array
This study asks five questions. How does the Constitution define the framework for its governance and the principles under which it must operate? How do the provisions lay out the core public finance matters? How are Islamic religious defined? How could we interpret the provisions in the Constitution? How do Islamic religious revenues affect socioeconomic development? Based on the analysis of these questions, and the Federal Constitution of Malaysia, this study will try to explain the choice of alternative sets of legal-institutional-constitutional rules that constrain the choices and activities of economic and political agents (government). In particular, this study will prove that the Constitution results from both conventional and Islamic scholars' preferences. The constitutional rules lead to the introduction of Islamic religious revenues as the sources of government revenues. Furthermore, in Malaysia, constitutional economics also provides another view that treats Islamic religious revenues as socioeconomic development tools.
Fakultas Hukum, Universitas Diponegoro
2021-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/37372
Diponegoro Law Review; Vol 6, No 1 (2021): Diponegoro Law Review April 2021
eng
Copyright (c) 2021 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/36292
2021-10-31T18:20:39Z
dlr:ART
"211031 2021 eng "
2527-4031
dc
MARRIAGE UNDER AGE AND THEIR EFFECT ON THE RATE OF DIVORCE IN ROKAN HILIR DISTRICT
Hanifah, Mardalena
Faculty of Law, Universitas Riau
Array
Article 1 of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage, marriage is an outer and inner bond between a man and a woman as husband and wife to form an eternal and happy family based on the One Godhead. One. In general, no one wants their marriage to end in divorce, different environments make the marriage untenable. The problem is the factors that cause underage marriage. The research method is sociological juridical with descriptive research nature. This study deals with family law. Based on the results of the research conducted, the factors causing underage marriage are a moral factor because married by accident, economic factors because their parents had arranged an arranged marriage with the following percentages, 40% experienced underage marriages because they were not mentally and religiously prepared, 30% Divorce occurs because they do not have a permanent job, and another 30% are due to arranged marriages and forced marriages.
Fakultas Hukum, Universitas Diponegoro
2021-10-31 17:43:39
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/36292
Diponegoro Law Review; Vol 6, No 2 (2021): Diponegoro Law Review October 2021
eng
Copyright (c) 2021 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/12203
2020-04-17T17:02:41Z
dlr:ART
"161007 2016 eng "
2527-4031
dc
BRIDGING THE GAPS : A PARADIGMATIC INSIGHT INTO PHILOSOPHY OF LAW
Indarti, Erlyn
Faculty of Law, Diponegoro University http://ejournal.undip.ac.id/index.php/dlr
Array
Paradigm represents a worldview that defines, for its holder, the nature of theworld, the individual's place in it, and the range of possible relationships to thatworld and its parts. It comprises of four main elements, i.e. ontology, epistemology,methodology, and methods. Within the discipline of law, there seem to be two setsof gaps separating philosophy of law's building blocks that dissociate, first, legalpractice from legal theory and, second, legal science from legal philosophy. It isthe purpose of this article, with the help of paradigmatic insight, to bridge thosegaps.
Keywords: law, philosophy of law, paradigm, paradigmatic study of law
Fakultas Hukum, Universitas Diponegoro
2016-10-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/12203
Diponegoro Law Review; Vol 1, No 1 (2016): Diponegoro Law Review October 2016
eng
Copyright (c) 2016 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/44257
2022-12-19T01:56:21Z
dlr:ART
"221027 2022 eng "
2527-4031
dc
EXISTENCE AND CHARACTERISTICS OF SOLE PROPRIETORSHIP IN INDONESIA
Putri, Aliza Madina
Faculty of Law, Universitas Diponegoro
Prananingtyas, Paramita
Faculty of Law, Universitas Diponegoro
Array
Sole proprietorship is the simplest business form and most used for Micro, Small and Medium Enterprises that has been dominating Indonesia’s economy. Sole proprietorship wasn’t a legal entity, therefore it has an unlimited liability. This become a consideration for entrepreneurs when they start a business. The issue discussed the existence and characteristics of sole proprietorship in Indonesia after Law 11/2020. This is a normative juridical research through a statutory and conceptual approach. The purpose of this research is to explain the characteristic of sole proprietorship in Indonesia and compares it with other Asian countries. The result indicates that sole proprietorship based on Law 11/2020 is a new legal entity as the concept expansion of Limited Liability Company with a limited liability that meets the criteria of micro and small business. It provides legality for entrepreneurs and a facility to access sources of funding. The regulation that determines sole proprietorship as a legal entity is only adopted by few countries like India.
Fakultas Hukum, Universitas Diponegoro
2022-10-27 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/44257
Diponegoro Law Review; Vol 7, No 2 (2022): Diponegoro Law Review October 2022
eng
Copyright (c) 2022 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/15327
2019-09-27T10:41:56Z
dlr:ART
"170428 2017 eng "
2527-4031
dc
RECOGNITION OF ILLEGITIMATE CHILDREN IN VARIOUS LAWS IN INDONESIA
Yunanto, Yunanto
Faculty of Law, Diponegoro University
Array
In any regulations in Indonesia, there are differences in the inherent status and rights between legitimate and illegitimate children. Consequently, it surely affects the relationship between the children and their parents. Illegitimate children only have the civil relationship with their mothers. In order that the illegitimate children have a certain relationship with their biological fathers, it requires a legal action in the form of the recognition of biological father. However, there are legal ambiguities in the regulations that govern the institution of the recognition of children as stated in the Indonesian Civil Code, Law No. 23 of 2006 in conjunction with Law No. 24 of 2013, and the Decisions of the Constitutional Court No. 46/ PUU-VIII/ 2010 as a corrective provision to the Marriage Law (UUP), and the Islamic Law Compilation (KHI). The legal effects are: the discrimination derived from legal injustice and certainty in the implementation of the child recognition.
Fakultas Hukum, Universitas Diponegoro
2017-04-28 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/15327
Diponegoro Law Review; Vol 2, No 1 (2017): Diponegoro Law Review April 2017
eng
Copyright (c) 2017 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/49701
2024-03-15T03:41:38Z
dlr:ART
"231031 2023 eng "
2527-4031
dc
MODELS OF CANING IN ACEH AND MALAYSIA: A COMPARISON
Hamdani, Hamdani
Faculty of Law, Universitas Malikussaleh
Nasir, Muhammad
Faculty of Law, Universitas Malikussaleh
Said, Muhammad Helmi Md
Faculty of Law, Universiti Kebangsaan Malaysia
Rasyid, Laila M.
Georg-August-Universität Göttingen
Ismalinda, Putri
Faculty of Law, Universitas Malikussaleh
Array
One of the punishments imposed on the offender in Aceh is caning based on Qanun Jinayah. This study compares the implementation of caning in Aceh and Malaysia. This study uses qualitative research methods with normative and empirical juridical approaches by applying prescriptive-analytic methods. The implementation of caning punishment in Aceh is the responsibility of prosecutor's office, the executor of wilayatul hisbah. The execution in an open place witnessed by the public according to the purpose of punishment and provides deterrence effect for the community and the convict. Based on regulation, implementation of caning punishment may not be accessible to children, but this cannot be fully implemented due to different district/city government policies. Caning in Malaysia is carried out in prison and witnessed by a few Muslims to achieve the purpose of punishment. In accordance with the conditions of local wisdom in Aceh and Malaysia. The Aceh government needs to provide a deterrent effect on convicts, caning is carried out at the convict's domicile and in accordance with applicable laws and committed to supporting Islamic law, including budget contributions.
Fakultas Hukum, Universitas Diponegoro
2023-10-31 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/49701
Diponegoro Law Review; Vol 8, No 2 (2023): Diponegoro Law Review October 2023
eng
Copyright (c) 2023 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/19836
2020-04-17T17:04:11Z
dlr:ART
"180430 2018 eng "
2527-4031
dc
LEGAL POLITICS IN THE AMENDMENT OF REGIONAL HEAD ELECTORAL LAW
Putri, Fayreizha Destika
Faculty of Law, Diponegoro University
Purwanti, Ani
Faculty of Law, Diponegoro University
Array
Legal politics means that in every legislations are the result of political calculation from actors in legislative-making. The political context regarding the issue such legislation is based upon has a profound effect in the changing course of that legislation. This paper explores the political calculation, thus legal politics, behind the promulgation of Pilkada (regional leader election) law. It is found that there are two fundamental context within the promulgation of Pilkada; civil society and political party. On the former issue, Pilkada law is intended to encourage more public participation in election as to which the system has been revolutionized into a direct type of election. Meanwhile, the political party tends sought a regulation that will ease their voter mobilization. However, the problem emerges when people starts disinterested with the election which has been stained with dirty competition and nepotism. One can argue that if this problem has not been solved in the foreseeable future, the negative impact will be a disarray of social harmony divided by politically-driven social categories.
Fakultas Hukum, Universitas Diponegoro
2018-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/19836
Diponegoro Law Review; Vol 3, No 1 (2018): Diponegoro Law Review April 2018
eng
Copyright (c) 2018 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/24130
2020-04-17T17:06:05Z
dlr:ART
"190430 2019 eng "
2527-4031
dc
THE LIQUIDATOR LIABILITY IN THE PROCESS OF CORPORATE LIQUIDATION
Nurudin, Agus
Faculty of Law, Tujuh Belas Agustus University
Array
Provisions of Article 149 paragraph (1) of Law Number 40 of 2007 concerning Limited Company/Limited Liability Company do not mention the authority to verify bill of creditors and the authority to sell property assets. In practice, the liquidator often acts as the seller of the company’s assets. This was doneto fill the legal vacuumfor the smooth liability of the liquidator. Therefore, the problem is how are the provisions of the legislation to the obligations of the liquidator in the process of liquidation of the limited liability company? The study approach method used is a description of juridical ciritical analysis. The urgency of writing this article is so that the liquidator is authorized to verify creditor bills and authority and sell assest. The result of a descriptive study of critical analysis are normal obligations of the liquidator to do the liquidation of the company’sassest other than those stipulated in article 149 paragraph (1) namely the authority to verify the creditor’s bill as well as the authority to sell Limited Liability Company assets.
Fakultas Hukum, Universitas Diponegoro
2019-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/24130
Diponegoro Law Review; Vol 4, No 1 (2019): Diponegoro Law Review April 2019
eng
Copyright (c) 2019 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/28029
2020-04-30T23:41:44Z
dlr:ART
"200430 2020 eng "
2527-4031
dc
URGENCY OF REGULATION: AIRCRAFT AS OBJECT OF CREDIT GUARANTEE
Yahanan, Annalisa
Faculty of Law, Universitas Sriwijaya https://scholar.google.co.id/citations?user=a4crR_gAAAAJ&hl=id
Murzal, Murzal
Faculty of Law, Universitas Sriwijaya
Apriandi, Mada
Faculty of Law, Universitas Sriwijaya
Febrian, Febrian
Faculty of Law, Universitas Sriwijaya
Array
Until now in Indonesia, there is no specific regulation regarding aircraft as collateral object. As a result, in practice, the aviation industry players experienced obstacles related to aircraft financing by guarantee agreements with aircraft objects. Such conditions create legal uncertainty both for credit providers (creditors) and the aircraft guarantees (debtors), because there are no references or signs that can provide direction in the guarantee agreement. If there is a default by the debtor, the creditor has no legal basis for how to execute it. To fill the legal vacuum, in practice, a guarantee agreement was found with the fiduciary deed of the aircraft. Whereas the Fiduciary Law expressly states that it does not apply to (mortgages) aircraft. While on the other hand, Law No. 20 of 2014 concerning Notary Position gives authority to the notary to make an aircraft mortgage deed. Thus the regulations in Indonesia give signals to use aircraft as collateral object. Such a situation demands the urgency for regulations on aircraft guarantee that can provide legal certainty and legal protection for the parties.
Fakultas Hukum, Universitas Diponegoro
2020-04-30 18:06:48
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/28029
Diponegoro Law Review; Vol 5, No 1 (2020): Diponegoro Law Review April 2020
eng
Copyright (c) 2020 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/28435
2020-10-31T07:47:48Z
dlr:ART
"201030 2020 eng "
2527-4031
dc
INTEGRATED POLICY MANAGEMENT OF NARCOTICS TRAFFICKING AS TRANSNATIONAL ORGANIZED CRIME IN INDONESIA
Setiyono, Joko
Faculty of Law, Universitas Diponegoro https://scholar.google.co.id/citations?user=lLxSST4AAAAJ&hl=en
Array
Indonesia is the closest state to the Southeast Asian Golden Triangle which is Asia's largest source of opium. Since 1990 until now, Indonesia has become marketing drugs for existence. The indicator of narcotics could be categorized as transnational crimes because of their internal factors and external factors, including drug abuse to the misuses authority by state officials to oversee on narcotics. As a sovereign state, Indonesia has policies in dealing with drug trafficking including transnational organized crime. One of them is by strengthening the performance of the National Narcotics Board of Correctional Institutions in combating narcotics in Indonesia.
Fakultas Hukum, Universitas Diponegoro
2020-10-30 23:35:33
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/28435
Diponegoro Law Review; Vol 5, No 2 (2020): Diponegoro Law Review October 2020
eng
Copyright (c) 2020 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/28846
2021-10-31T18:18:03Z
dlr:ART
"211031 2021 eng "
2527-4031
dc
SAFEGUARD RE-INVESTIGATION BY MADAGASCAR GOVERNMENT ON PASTA PRODUCTS FROM INDONESIA BASED ON GATT/WTO FRAMEWORK
Hutagaol, Tirza Gracia Shekinah
Faculty of Law, Universitas Diponegoro
Priyono, FX. Joko
Faculty of Law, Universitas Diponegoro https://scholar.google.co.id/citations?hl=en&user=Iq-chYAAAAAJ
Trihastuti, Nanik
Faculty of Law, Universitas Diponegoro https://scholar.google.co.id/citations?hl=en&user=HLxxBxEAAAAJ
Array
Due to the increase of import in the last 4 years, Madagascar investigated imported pastain October 2018, terminated it on July 10, 2019, and reinvestigated it on July 18, 2019. They were followed with Provisional Safeguard Measures(PSM). This study aimed to know whether Madagascar had been fulfilling the elements of Article XIX GATT in the preliminary determination of investigation and whether a safeguard reinvestigation is in accordance with the GATT/WTO. Researchers used a juridical normative approach. The result showed that serious injuries and causal links from Article XIX GATT were undetermined in the preliminary determination. Neither the GATT nor Agreement on Safeguard (SA) were not regulating safeguard reinvestigation, so it can proceed but without PSM in the second investigation, because it violated the provisions of Article 6 SA.Madagascar shall immediately completing the elements that had not been determined and revoke the PSM in the second investigation.
Fakultas Hukum, Universitas Diponegoro
2021-10-31 17:43:39
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/28846
Diponegoro Law Review; Vol 6, No 2 (2021): Diponegoro Law Review October 2021
eng
Copyright (c) 2021 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/40495
2022-05-18T04:44:14Z
dlr:ART
"220428 2022 eng "
2527-4031
dc
METHOD AND PRINCIPLE OF MARITIME BOUNDARY DELIMITATION BETWEEN STATES WITH OPPOSITE OR ADJACENT COASTS (CASE OF INDONESIA AND TIMOR-LESTE)
Jaya, Belardo Prasetya Mega
Faculty of Law, Universitas Sultan Ageng Tirtayasa https://bit.ly/BelardoPrasetyaMegaJaya
Cahyani, Ferina Ardhi
Faculty of Law, Universitas Sultan Ageng Tirtayasa https://scholar.google.com/citations?user=G-rpFPcAAAAJ&hl=id
Idris, Idris
Faculty of Law, Universitas Padjadjaran https://scholar.google.co.id/citations?user=4lGWZAwAAAAJ&hl=en
Permata, Rika Ratna
Faculty of Law, Universitas Padjadjaran https://scholar.google.co.id/citations?user=57m3f04AAAAJ&hl=id
Array
In the practice the maritime boundary delimitations can cause the overlap of claims between states with opposite or adjacent coasts. Regarding the maritime boundary between Indonesia and Timor-Leste, there was never a maritime boundary between both States, so it needs a settlement of disputes of maritime boundary delimitation between both parties. Therefore, these research aims to explain the methods and principles that could be used in resolving maritime boundary delimitation dispute between state with opposite or adjacent coasts based on international law and analyze how obstacles and solution to solve maritime boundary delimitation dispute between Indonesia and Timor-Leste (East Timor). This research uses normative legal research and Empirical Research Methods. The results of the research show that: (1) the maritime boundary delimitation between Indonesia and Timor-Leste uses enclaving, equidistant, and three-step approach method. (2), Indonesia and Timor Leste have the potential to determine maritime boundaries in the three areas, namely the area to the north of the Oecusse (Ombai Strait), to the north of Timor Island (Wetar Strait) and to the south of Timor Island (Timor Sea). Timor-Leste will still get a maritime territory in District Oecusse but the extent would be negotiated with Indonesia first, while in the Wetar Strait, the territorial sea division of the two countries would consider the outer islands of both countries.
Fakultas Hukum, Universitas Diponegoro
2022-04-28 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/40495
Diponegoro Law Review; Vol 7, No 1 (2022): Diponegoro Law Review April 2022
eng
Copyright (c) 2022 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/15322
2019-09-27T10:41:56Z
dlr:ART
"170428 2017 eng "
2527-4031
dc
CONCEPT AND APPLICATION OF AKAD WAKALAH IN MURABAHA FINANCING IN ISLAMIC BANKING (A COMPARATIVE STUDY BETWEEN INDONESIA AND MALAYSIA)
Prabowo, Bagya Agung
Faculty of Law, The National University of Malaysia
Jamal, Jasri Bin
Faculty of Law, The National University of Malaysia
Array
Islamic banks have grown stronger by continuing to provide innovative products and services to successfully increase the number of customers. So far, the majority of financing by Islamic banks controlled by murabaha financing almost 80% - 95%. In the bank's murabaha scheme as the seller (ba’i) to purchase necessary items and then resell it to customers, clients (musytari) with a sales price equivalent to the purchase price and profitability of banks. In reality, Islamic banks using wakalah empower customers to purchase their goods. Step wakalah apply concepts to customers is unwise because MUI Fatwa No.04 / DSN-MUI / IV / 2000 has determined that the sale of murabaha contracts made after the goods become the property of Islamic banking principles. The main problem in Indonesia is that there are legal provisions that are not in harmony and not based on actual consumer rights. It is geared toward legal uncertainty. To overcome various problems, this research adopted the method of analysis based on doctrinal content, by implementing four types of approaches to the law, namely: (i) history / historical; (ii) Jurisprudence / philosophy; (iii) comparison; and (iv) analytical and critical. In addition, harmonized approach is also necessary for legislative alignment with Islamic philosophy and the philosophy of consumer protection. By making Malaysia as a reference, this thesis aims to identify the application wakalah perspective and consumer protection improvement in Indonesia. In addition to this, the restructuring of the existing system in Indonesia is required by legislation harmony, improvement and diversification of institutional oversight mechanisms Islamic banking operations
Fakultas Hukum, Universitas Diponegoro
2017-04-28 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/15322
Diponegoro Law Review; Vol 2, No 1 (2017): Diponegoro Law Review April 2017
eng
Copyright (c) 2017 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/43342
2023-08-23T05:24:11Z
dlr:ART
"230430 2023 eng "
2527-4031
dc
SAFEGUARDING CONSUMER RIGHTS: ENHANCING LEGAL PROTECTION AGAINST UNLABELED FOOD PRODUCTS
Tahir, Palmawati
Faculty of Law, Universitas Sultan Ageng Tirtayasa
Budisetyowati, Dwi Andayani
Faculty of Law, Universitas Bhayangkara Jakarta Raya
Purwanti, Ani
Faculty of law, Universitas Diponegoro
Garunja, Evis
University of Aleksander Moisiu - Durres
Array
This article addresses the deficient regulations that fail to prioritize consumer interests, resulting in inadequate consumer rights protection. As a result, an abundance of food products disregards labeling requirements in the community. This research seeks to identify remedies and legal safeguards to protect consumers from the dangers of unlabeled food products. The study uses a normative legal research methodology to focus predominantly on a literature review. The data sources include both primary and secondary legal scholarship. The study's findings indicate that the current legal protection for consumers against unlabeled food products needs to be improved. In addition, the supervision of circulating food products intended to protect consumers has yet to be implemented effectively.
Fakultas Hukum, Universitas Diponegoro
2023-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/43342
Diponegoro Law Review; Vol 8, No 1 (2023): Diponegoro Law Review April 2023
eng
Copyright (c) 2023 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/16560
2020-11-14T01:39:19Z
dlr:ART
"171030 2017 eng "
2527-4031
dc
DEMOCRATIC CHALLENGES OF INDONESIA IN THE SOCIAL MEDIA ERA
Nurhayati, Nunik
Faculty of Law, Universitas Muhammadiyah Surakarta
Suryadi, Rohmad
Faculty of Communication and Information, Universitas Muhammadiyah Surakarta
Array
The era of social media today bring significant change to democracy in Indonesia. Social media can to bring the expansion of the public space in cyberspace, citizens can directly deliver aspirations regarding the state policy. However, on the other side, social media vulnerable to abuse because of many the anonymous account, which acts as the buzzer political influence public perceptions and to get political support but is not elegant way. This shows, social media provides a challenge to democracy, including Indonesia as a third largest country that has access to the social media in the world's. Based on it’s the problems, this research aims to identify the impact of the social media on democratic life, and how the challenges of democracy in Indonesia ahead in the social media today.This Research using qualitative methods. Data collection through the study of literature. Then analyzed with a critical discourse analysis. The results of the study showed that the impact of social media in Indonesia has brought problems such as hoax, which is currently a serious concern of the government. Attempts were made through the campaign against hoax and make regulation, Information and Electronic Transactions Law (ITE Law), which aims to regulate the use of social media and to prevent hoaxes. The life of democracy in Indonesia receive significant challenges,but of the repressive laws against users of social media may actually weaken the democratic life in Indonesia.
Fakultas Hukum, Universitas Diponegoro
2017-10-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/16560
Diponegoro Law Review; Vol 2, No 2 (2017): Diponegoro Law Review October 2017
eng
Copyright (c) 2017 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/59604
2024-03-15T03:41:38Z
dlr:ART
"231031 2023 eng "
2527-4031
dc
LEGAL CONSIDERATION TOWARDS ECO-TERRORISM AS A NEW FORM OF THE ENVIRONMENTAL LAW CRIME AND TORTS
Prananda, Rahandy Rizki
Faculty of Law, Universitas Diponegoro
Hananto, Pulung Widhi Hari
Faculty of Law, Universitas Diponegoro
Ramadhan, Muhammad Dzaki
Faculty of Law, Universitas Diponegoro
Simanjuntak, Grandson Tamaro
Faculty of Law, Universitas Diponegoro
Ahamat, Haniff
Faculty of Law, Universiti Kebangsaan Malaysia
Array
The global climate action movement has gained diverse support, leading to the rise of both activists and extremists. Over the past two decades, environmental extremists have grown into significant organizations, engaging in disruptive activities that cause property damage and financial losses, classified as eco-terrorism. Eco-terrorism aims to further environmental protection through destructive actions. However, glorifying these acts as heroic often leads to unintended consequences, including property destruction and environmental damage. This study utilizes three different research methods, namely the Normative Approach, Conceptual Approach, and Comparative Approach. The aim of this research is to gain insights into the consequences of eco-terrorism, a novel form of environmental crime, and examine the development of laws at both national and international levels to tackle this problem. In conclusion, this research found that several countries use general provision to handle eco-terrorism regarding violation against civil rights and emphasize the urgency to formulate the new form adaptive law to resolve this issue.
Fakultas Hukum, Universitas Diponegoro
2023-10-31 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/59604
Diponegoro Law Review; Vol 8, No 2 (2023): Diponegoro Law Review October 2023
eng
Copyright (c) 2023 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/19834
2020-04-17T17:04:04Z
dlr:ART
"180430 2018 eng "
2527-4031
dc
JUSTICE IN MANY ROOMS IN SHARIA BANKING DISPUTE RESOLUTION TO ACHIEVE JUSTICE
Triana, Nita
Pascasarjana, IAIN-Purwokerto
Purwinto, Deddy
Pascasarjana, IAIN-Purwokerto
Array
This paper examines the dispute resolution of Sharia Banking. The method is a non-doctrinal legal research using qualitative research and Socio Legal approach. Sharia banking cannot be separated from the problems between the banking and the Customer. This problem is calledproblematic financing. The resolution of problematic financing of sharia banks in litigation is now the absolute authority of the Religious Courts. The downside of litigation settlement usually takes a long time, the need for proof, the cost is quite expensive and the result is winningor lost. Therefore, the settlement of sharia banking is very rarely resolved through litigation. Alternative Dispute Resolution is a choice of dispute settlement chosen by Sharia Banking. The first stage isto carry out negotiation between all parties, namely Banking (lender) and The Customer (Debtor) in the form of warning and guidance. If it does not succeed, there will bedebt restructuration. The second step is mediation, in the form of consultation with third party as a mediator. The mediation determines the rescue process of debt by Banks when a debtor is still unable to return his debt, executed by the bank. According to Marc Galanter these various dispute resolutionsis called justice in many rooms. In Islamic Law it is known as Sulh (peace). However, to a large extent this non-litigation settlement is more satisfactory to both parties in resolving the dispute because it senses fairness and a win-win solution.
Fakultas Hukum, Universitas Diponegoro
2018-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/19834
Diponegoro Law Review; Vol 3, No 1 (2018): Diponegoro Law Review April 2018
eng
Copyright (c) 2018 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/20282
2020-04-17T17:04:59Z
dlr:ART
"181030 2018 eng "
2527-4031
dc
CUSTOMARY COURT AS ALTERNATIVE TO SETTLEMENT OF DISPUTE IN SOUTH SULAWESI
Buana, Andika Prawira
Faculty of Law, Universitas Muslim Indonesia https://scholar.google.com/citations?user=PewB2PsAAAAJ&hl=en
Djanggih, Hardianto
Faculty of Law, Universitas Tompotika Luwuk Banggai https://scholar.google.com/citations?user=I5idRpUAAAAJ&hl=en http://orcid.org/0000-0002-9163-6308
Array
Customary court is a process conducted in connection with the duty to examine, to adjudicate and to decide a case in the community, which has long ago become a means to seek for justice. Customary court aims at returning broken order resulted from existing dispute. This research mainly focuses on how the essence of customary court in South Sulawesi is and how customary court serves to settle dispute in South Sulawesi. Employing socio-legal method, the research results explain that the Customary court in South Sulawesi has no longer been relied on in settlement of disputes existing in the community as the result of modern court domination.
Fakultas Hukum, Universitas Diponegoro
2018-10-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/20282
Diponegoro Law Review; Vol 3, No 2 (2018): Diponegoro Law Review October 2018
eng
Copyright (c) 2018 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/25255
2020-04-17T17:07:34Z
dlr:ART
"190930 2019 eng "
2527-4031
dc
AL-‘UQUD AL-MURAKKABAH IMPLEMENTATION ON AKAD AL MURABAHAH WA ARRAHN AS A SHARIA BANKING PRODUCT INNOVATION
Prabowo, Bagya Agung
Faculty of Law, Universitas Islam Indonesia
Array
This article aims to determine the application of al-uqud al-murakkabah on akad al murabahah wa arrahn in sharia banking product innovation. This study uses analytic methods based on doctrinal content, by applying four types of legal approaches, namely: (i) historical / historical; (ii) Jurisprudence / philosophy; (iii) comparison; and (iv) analytical and critical. In addition, a harmonious approach is needed to align innovation of sharia banking products with sharia compliance principles. the conclusions in this study are: 1) The implementation of al-ququd al-murakkabah as an innovation of Islamic banking products by the majority of Hanafiyah scholars, some opinions of Malikiyah scholars, Shafi'i scholars, and Hanbali are of the opinion that law is legal and permissible according to Islamic law, 2) The implementation of al-uqud al-murakkabah in the Murabahah wa ar Rahn contract is not in accordance with the principles of sharia compliance. Because the al Murabahah wa ar Rahn contract combines several contracts that cause usury or resemble usury, such as primarily combining the murabahah contract with the qardh contract, in addition to the wakalah contract and rahn contract.
Fakultas Hukum, Universitas Diponegoro
2019-09-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/25255
Diponegoro Law Review; Vol 4, No 2 (2019): Diponegoro Law Review October 2019
eng
Copyright (c) 2019 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/28275
2020-10-31T07:47:42Z
dlr:ART
"201030 2020 eng "
2527-4031
dc
INDONESIAN DEATH PENALTY: SEEN FROM THE CONCEPT BASED ON HUMAN RIGHTS
Hakim, Muhammad Andy
Faculty of Law, Universitas Diponegoro
Setiyono, Joko
Faculty of Law, Universitas Diponegoro
Array
In the case of death penalty, Indonesia is a retentionist state of death penalty. It is evidenced through the regulation such as The Act Number 35 year 2009 on narcotics, The Act Number 1 year 1946 on criminal law regulation, The Act Number 31 year 1999 Jo The Act number 20 year 2001 about corruption and so on. Although Indonesia belongs to a retentionist country against death penalty, in the implementation remains in accordance with human rights. It was evidenced by ratifying international treaties relating to human rights and having legislation on human rights.
Fakultas Hukum, Universitas Diponegoro
2020-10-30 23:35:33
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/28275
Diponegoro Law Review; Vol 5, No 2 (2020): Diponegoro Law Review October 2020
eng
Copyright (c) 2020 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/28327
2021-05-12T08:37:42Z
dlr:ART
"210430 2021 eng "
2527-4031
dc
POLICY OF LIMITATION OF MARRIAGE MINIMUM AGE ON MARRIAGE LAW REVISION BASED ON SOCIOLOGICAL AND ANTHROPOLOGICAL APPROACHES
Adawiyah, Robiatul
Faculty of Law, Universitas Diponegoro
Pudjirahayu, Esmi Warassih
Faculty of Law, Universitas Diponegoro
Array
The policy of limitation of marriage minimum age is regulated by the government through the Marriage Law and have been revised. The struggle to determine the marriage minimum age has basically been debated for quite a long and time even each country determines these limits differently depending on problem needs and social realities that develop in the community. Therefore, this research is very important to do based on a sociological and anthropological approaches. The research purpose is to analisyst the minimum marriage age policy in the Marriage Law revision based on a sociological and anthropological approaches. The research method used socio-legal research. According to research, the minimum marriage age policy on the revision of the Marriage Law based on a sociological and anthropological approaches is not support the new norm and difficult to be effective and even cause a new impact, which is increasing marriage dispensation, depriving the right to continue marriage, and being criminogen factor.
Fakultas Hukum, Universitas Diponegoro
2021-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/28327
Diponegoro Law Review; Vol 6, No 1 (2021): Diponegoro Law Review April 2021
eng
Copyright (c) 2021 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/36378
2022-05-18T04:43:05Z
dlr:ART
"220428 2022 eng "
2527-4031
dc
COMPENSATION SYSTEM OF WAQF LAND ACQUIRED FOR DEVELOPING PUBLIC INTEREST
Wahanisa, Rofi
Faculty of Law, Universitas Negeri Semarang
Suhadi, Suhadi
Faculty of Law, Universitas Negeri Semarang
Niravita, Aprila
Faculty of Law, Universitas Negeri Semarang
Array
A number of activities related to land acquisition for public interest use waqf. The principle of waqf is derived from Islamic Law in which wakif (the owner) donates waqf (in the form of land) to nazhir (the manager of the edified property) for worship purposes. The problems in this paper consist of whether there is a system regarding waqf land acquired for public interest, and how compensation and supervision are given regarding waqf land acquired for developing public interest. Using normative legal research with legislation and conceptual approach, this paper argues that acquisition of waqf land is regulated in Law No. 2/2012 on Land Acquisition for Developing Public Interest and Law No. 41/2004 on Waqf. it is regulated that compensation will be given to nazhir for waqf land acquired. It also regulates that the status of waqf land can be changed into non-waqf one for public interest through exchange mechanism. In order to provide legal certainty over waqf land acquired for public interest, legislation on land acquisition needs to be harmonized with legislation on waqf.
Fakultas Hukum, Universitas Diponegoro
2022-04-28 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/36378
Diponegoro Law Review; Vol 7, No 1 (2022): Diponegoro Law Review April 2022
eng
Copyright (c) 2022 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/12209
2020-04-17T17:03:14Z
dlr:ART
"161007 2016 eng "
2527-4031
dc
AIR SOVEREIGNTY AND NO-FLY ZONES
Pramono, Agus
Faculty of Law, Diponegoro University http://ejournal.undip.ac.id/index.php/dlr
Array
Sovereignty of a state in essence is an embedded, basic element of a state as a supreme power. However, the sovereignty of a state can only be applied within its own borders, where outside of its own territory the sovereignty of another country takes over. This research was carried out based on the approach of current legal regulations and review of literature. The study showed that airspace sovereignty is, in principle, embedded to a state of which ownership is exclusive in nature. No-fly zones are airspace in which a sovereign state determines to be restricted for flight traffic based on the existing international and national regulations.
Keywords: State sovereignty, No-fly zone, International law
Fakultas Hukum, Universitas Diponegoro
2016-10-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/12209
Diponegoro Law Review; Vol 1, No 1 (2016): Diponegoro Law Review October 2016
eng
Copyright (c) 2016 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/41182
2022-12-19T01:56:21Z
dlr:ART
"221027 2022 eng "
2527-4031
dc
CUSTOMARY LAW OF THE FOREST IN NORTH ACEH REGENCY
Yulia, Yulia
Faculty of Law, Universitas Malikussaleh https://sinta.ristekbrin.go.id/authors/detail?id=6030209&view=overview https://orcid.org/0000-0002-0030-4712
Herinawati, Herinawati
Faculty of Law, Universitas Malikussaleh
Array
The life of woodland area management based totally on commonplace forest regulation has been practiced by the Acehnese. This pastime is done via the wooded area Pawang commonplace organization which has been shown in Aceh Qanun No. 10 of 2008 regarding Customary Institution. This has a look at uses empirical prison research with a qualitative approach the use of primary information and secondary information. In acquiring number one records, respondents and informants had been decided. The effects of research in North Aceh District, forest control based totally on commonplace wooded area regulation has not been practiced optimally. It can be visible that there are nevertheless numerous sub-districts in North Aceh that don't but have the woodland Pawang Customary Institution. Paradoxically, this sub-district has a huge forest area. Then the sub-district authorities and community leaders also do now not understand approximately the woodland Pawang commonplace organization as confirmed in the Aceh Governance regulation and the Qanun on customary institutions. The woodland Pawang customary organization additionally does now not have the capacity and information of forest management based totally on customary wooded area law, so they have no longer been maximal in carrying out their responsibilities. There are numerous limitations in forest management primarily based on Customary law by the wooded area Pawang, such as infrastructure and types of networks and local government cooperation.
Fakultas Hukum, Universitas Diponegoro
2022-10-27 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/41182
Diponegoro Law Review; Vol 7, No 2 (2022): Diponegoro Law Review October 2022
eng
Copyright (c) 2022 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/15333
2019-09-27T10:41:56Z
dlr:ART
"170428 2017 eng "
2527-4031
dc
JUVENILE JUSTICE SYSTEM THROUGH DIVERSION AND RESTORATIVE JUSTICE POLICY
Listyarini, Dyah
,Akademi Kesejahteraan Sosial
Array
Indonesia as a state of law has ratified several international human rights instruments, especially the Convention on the Rights of the Child, in which the state should ensure the protection, respect, fulfillment, promotion, and enforcement of children's rights. In fact, many children have been treated unjustly in the fulfillment of their rights when conflicting with the law. Methods of legal protection of the rights of children conflicting with the law are based on the provision that “every child has the right to survive, grow and develop as well as the right to protection from violence and discrimination”. Other ways to protect children’s rights may also include the policy that children conflicting with the law should be treated humanely in accordance with their dignity and rights; special personnel should be provided for their companion and counseling; sanctions should be appropriated for the best interests of the children; and special facilities and infrastructure for children should be equally provided. This means that appropriate sanctions should hence be supported through the process of resolving cases using the principle of “diverse and restorative justice The concept of diverse and restorative justice can be applied to the crime of under 7th-year punishments and non-repeated crime. Methods for handling children who have conflicts with the law have hitherto emphasized on normative juridical processes such as investigation, prosecution, and examination of the case by the judge (in court). The processes, however, have not guidelines or technical manuals for law enforcement officers to implement the non-litigation settlement for children cases
Fakultas Hukum, Universitas Diponegoro
2017-04-28 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/15333
Diponegoro Law Review; Vol 2, No 1 (2017): Diponegoro Law Review April 2017
eng
Copyright (c) 2017 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/18136
2020-11-14T01:39:19Z
dlr:ART
"171030 2017 eng "
2527-4031
dc
TAKAFUL AGENT MUST FOSTER PUBLIC UNDERSTANDING OF TAKAFUL
Ahmad Samsuri, Muhammad Adi Zhafri
Faculty of Law, Universiti Kebangsaan Malaysia
Jamal, Jasri
Faculty of Law, Universiti Kebangsaan Malaysia
Array
The Takaful industries need agents to market the Takaful products to the public. Takaful agents play a great role in current marketing practice for Takaful distribution. Besides representing their operators and products, the agents would present this Takaful as an Islamic Insurance. The agents need to foster public understanding of Takaful instead of Conventional Insurance. To achieve this, all of the values as stated in the Al-Quran and practice through the Sunnah will be implemented by the Takaful agents to realize the objective of Takaful as an Islamic alternative for conventional Insurance. Of course this can be an option for the public to choose either one, but still, as Muslim people, we should support Takaful for Muslim sake.
Fakultas Hukum, Universitas Diponegoro
2017-10-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/18136
Diponegoro Law Review; Vol 2, No 2 (2017): Diponegoro Law Review October 2017
eng
Copyright (c) 2017 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/21133
2020-04-17T17:05:29Z
dlr:ART
"181030 2018 eng "
2527-4031
dc
CONFLICT RESOLUTION: THE DYNAMICS OF AGRARIAN CONFLICT SOLUTION BETWEEN HARJOKUNCARAN VILLAGERS AND TNI-AD (ARMY) IN MALANG
Fikri, Haidar
Faculty of Social Studies and Politics, Sebelas Maret University
Array
Indonesia as state law has several problems which related to the various sector. Land is a sector where the conflict often occurs, so this problem had a very close relationship with the law. The land problems in Harjokuncaran village is not apart with farmer community life who fight for their land right.One form of resistance in Harjokuncaran village was the agrarian conflict that causing physical violence between TNI-AD (Army) and Harjokuncaran villagers. This study using social movement theory and conflict resolution, this theory was chosen to review about how to form farmers movement stage until its conflict resolution. The method used is a qualitative descriptive method as the data analysis form obtained in the field. The process to collect the data using: observation, literature study, interview, and documentation. The result showed that how the most important potential to bring up the movement as the result of complaint and disappointment faced by Harjokuncaran villagers. After the social movement occurred through this resistance, their existence had been recognized by Magelang Regency Government, therefore the government had tried as much as possible to give the best solution in order to create a peaceful life. In another word, there is a conflict resolution for this problem.
Fakultas Hukum, Universitas Diponegoro
2018-10-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/21133
Diponegoro Law Review; Vol 3, No 2 (2018): Diponegoro Law Review October 2018
eng
Copyright (c) 2018 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/22662
2020-04-17T17:06:51Z
dlr:ART
"190930 2019 eng "
2527-4031
dc
RETRACTED: THE EVALUATION OF SURROGACY’S LEGAL SYSTEM IN INDONESIA AS COMPARISON TO INDIA’S LEGISLATION
Ambarwati, Mega Dewi
Master’s Program in Law, Faculty of Law, Airlangga University http://orcid.org/0000-0001-7276-8236
Kamila, Ghina Azmita
Master’s Program in Law, Faculty of Law, Airlangga University
Array
This article has been retracted from the journal Diponegoro Law Review Vol. 4 No. 2, October 2019.
Please refer to the article THE EVALUATION OF SURROGACY’S LEGAL SYSTEM IN INDONESIA AS COMPARISON TO INDIA’S LEGISLATION on the following link: https://jurnal.unej.ac.id/index.php/eJLH/article/view/10842
Fakultas Hukum, Universitas Diponegoro
2019-09-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/22662
Diponegoro Law Review; Vol 4, No 2 (2019): Diponegoro Law Review October 2019
eng
Copyright (c) 2019 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/27982
2020-04-30T23:41:41Z
dlr:ART
"200430 2020 eng "
2527-4031
dc
SUPERVISION OF KPPU ON THE ACTION OF MERGERS DONE BY MINING COMPANIES
Putri, Preeti Kartika
Faculty of Law, Universitas Diponegoro
Prananingtyas, Paramita
Faculty of Law, Universitas Diponegoro
Array
Mining companies conduct mergers to ensure and strengthen their position in their relevant market. Mining company mergers that aren’t supervised can result in monopoly and unfair business practices. The issue discussed is the supervision of mergers for mining companies by KPPU. This is a normative juridical research through a statutory and conceptual approach. The result indicates that mining companies are subject to legal provisions of limited liability company and competition law.There is no regulations regarding mergers in Indonesian mining law.Supervision of said mergers by KPPU can be carried out by voluntary consultation or by obligatory post merger notification. The scope of KPPU's supervision also includes mining companies’ compliances in case of notification. Delay of such notification will be examined by KPPU and subsequently fined if proven to have committed violation. However, post merger notification is only adopted by only a few countries for it is considered no longer guarantee legal certainty.
Fakultas Hukum, Universitas Diponegoro
2020-04-30 18:06:48
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/27982
Diponegoro Law Review; Vol 5, No 1 (2020): Diponegoro Law Review April 2020
eng
Copyright (c) 2020 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/31537
2021-05-12T08:37:56Z
dlr:ART
"210430 2021 eng "
2527-4031
dc
THE POSITION OF MORAL VALUES IN LAW
Latifiani, Dian
Faculty of Law, Universitas Negeri Semarang https://orcid.org/0000-0003-2119-2964
Ilyasa, Raden Muhammad Arvy
Faculty of Law, Universitas Negeri Semarang
Array
Moral values in legal science are important. However, the flow of law sees a variety of moral values. This paper aims to see the position of moral values in the science of law. Legal positivism separates strictly between law and morals. According to him, there is no law other than the command of the authorities. Even extreme identifying the law (Recht) as the law (wet). Legal positivism activities are aimed at concrete problems, which are different when compared to natural law thinking which engages itself with the validation of man-made law. For adherents of natural law theory, an unjust law is not law. there is an absolute relationship between law and morality. the two cannot be separated, so the law must refer to moral principles.
Fakultas Hukum, Universitas Diponegoro
2021-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/31537
Diponegoro Law Review; Vol 6, No 1 (2021): Diponegoro Law Review April 2021
eng
Copyright (c) 2021 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/41456
2021-10-31T18:16:06Z
dlr:ART
"211031 2021 eng "
2527-4031
dc
THE EUROPEAN UNION DISTINCTIVENESS: A CONCEPT OF THE RULE OF LAW
Mahmutovic, Adnan
College of Business and Law, Dar Al Hekma University
Lita, Helza Nova
Faculty of Law, Universitas Padjadjaran https://www.linkedin.com/in/helza-nova-lita-29940b94/?originalSubdomain=id
Array
This paper discusses the distinctiveness of the European Union with focus on the Rule of Law and its importance for the EU integration process. Rule of Law is a notion that is very frequently used, but at the same time quite controversial as it is not so easy always to reach generally accepted meaning. Therefore, this paper provides a analysis of the EU Rule of Law as multidimensional legal principle gravitating between values and principles. The paper acknowledges that a concept of the EU rule of law can be the subject of diverse interpretations and implementation. High-ranking government officials of a two EU member states, Poland and Hungary, have argued recently that a concept of the EU rule of law lacks well-defined rules and remains the subject of much debate. Therefore, the paper provides for better understanding of the concept itself within the specific supranational legal environment. Also, the paper argues that the future of the EU and its integrations depends largely on the respect of the rule of law that remains to be a core and the element of unity within Europe’s legal space. The relationship between the principles and values upon which the EU is founded remain close and interrelated. The EU Rule of law with all its distinctiveness can be concluded with certainty that it reflects a specific character and nature of the EU legal system.
Fakultas Hukum, Universitas Diponegoro
2021-10-31 17:43:39
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/41456
Diponegoro Law Review; Vol 6, No 2 (2021): Diponegoro Law Review October 2021
eng
Copyright (c) 2021 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/12204
2020-04-17T17:02:53Z
dlr:ART
"161007 2016 eng "
2527-4031
dc
IMPORTANCE OF ISLAMIC FINANCIAL SERVICES ACT 2013 IN TAKAFUL INDUSTRY AFTER THE REPELLED TAKAFUL ACT 1984
Jamil, Siti Norshila
Faculty of Law, National University of Malaysia http://ejournal.undip.ac.id/index.php/dlr
Jamal, Jasri
Faculty of Law, National University of Malaysia
Array
The new Malaysian Islamic Financial Services Act 2013 (Act 759) (‘IFSA 2013’) came into force on the 30th June 2013. Its main objectives are to promote financial stability and compliance to Shariah and further strengthen the regulation of Islamic financial institutions. By this, the IFSA 2013 aims to strengthen consumer protection and further increase the confidence of the public in Takaful. At the same time, it remains to be seen if the IFSA 2013 will also encourage Takaful Operators to take their social and religious responsibility more into consideration, which is fundamental behind the concept of Takaful.
Keywords: Takaful, Islamic Financial Services Act 2013
Fakultas Hukum, Universitas Diponegoro
2016-10-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/12204
Diponegoro Law Review; Vol 1, No 1 (2016): Diponegoro Law Review October 2016
eng
Copyright (c) 2016 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/42938
2022-12-19T01:56:21Z
dlr:ART
"221027 2022 eng "
2527-4031
dc
LEGAL ANALYSIS OF CRYPTO INVESTMENT IN ERA 4.0 VIEW FROM CREDO THEORY
Jubaedah, Dedah
UIN Sunan Gunung Djati Bandung https://orcid.org/0000-0002-7430-5283
Ahyani, Hisam
Islamic University of Miftahul Huda Al Azhar (STAIMA) Banjar City https://scholar.google.com/citations?user=hSmlYWYAAAAJ&hl=id https://orcid.org/0000-0001-6709-1195
Putra, Haris Maiza
STAI Al-Falah Cicalengka https://orcid.org/0000-0002-6396-1445
Prakasa, Armelia
Universitas Pendidikan Indonesia https://orcid.org/0000-0001-9233-9973
Mutmainah, Naeli
Islamic University of Miftahul Huda Al Azhar (STAIMA) Banjar City https://orcid.org/0000-0002-4556-5318
Array
Today in the era of disruption 4.0, an interesting thing in Indonesia is related to the presence of Crypto Investments such as Bitcoin (digital currency), where which is one of the economic indicators that can affect the global economy. Now business transactions are using online media (digitalization). Therefore, the Indonesian people need legal certainty in utilizing transactions for this crypto investment activity. This study aims to legally analyze crypto investments used for buying and selling transactions in Indonesia from the perspective of Islamic law and creed theory. This study uses the Library Research Method, where the data is obtained by means of a literature study through laws, government regulations, Fatwa DSN MUI, and the theory of creed / testimony / Shahadah. As a result, by referring to the creed theory that Crypto Investments such as Bitcoin have laws that are permitted when used as a medium of exchange. This law only applies to parties who acknowledge and are willing to use it. Meanwhile, Bitcoin as an investment is illegal. However, Crypto as a transaction tool in online trade is a renewable innovation in economic development in Indonesia today. So there is a need for special regulations to use Crypto.
Fakultas Hukum, Universitas Diponegoro
2022-10-27 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/42938
Diponegoro Law Review; Vol 7, No 2 (2022): Diponegoro Law Review October 2022
eng
Copyright (c) 2022 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/15328
2019-09-27T10:41:56Z
dlr:ART
"170428 2017 eng "
2527-4031
dc
LEGAL PROTECTION TO INDIVIDUAL RIGHTS IN LAND PROCUREMENT FOR PUBLIC INTEREST
Tehupeiory, Aartje
Faculty of Law, The Christian University of Indonesia
Array
In principle land procurement is done by a method that between the party requiring land and the right owner of land, whose land is required for public interest, under the principle applicable on land control and legal protection provided by the national law on land to the right to the land holders. In the legislation setting forth the land procurement for public interest a fair treatment is given to individual right so the legal protection and certainty for individuals in land procurement can be achieved. However, in the implementation the empirical cases get insufficient protection and fair treatment. There is no balance, equitability and harmony between the state’s right to control and protection to individual’s property right. On one side, the development for public interest is in an urgent need of sufficient lands, but on the other side individuals also need land for their life continuity. If by reason of development, the land is forcefully confiscated, it means ignoring the protection to individual right on land. Consequently, individuals and community get inadequate justice and protection, legal certainty. This writing is intended to analyze the role of legal protection to individual right in land procurement for public interest. By applying the statute approach method, the state’s role in providing legal protection to its citizens can be learnt. In conclusion there is lack of protection and respect to individual right and community provided on proportional basis because the delegation of state’s land control authority gives impression of extremely wide and great power.
Fakultas Hukum, Universitas Diponegoro
2017-04-28 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/15328
Diponegoro Law Review; Vol 2, No 1 (2017): Diponegoro Law Review April 2017
eng
Copyright (c) 2017 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/54020
2024-03-15T03:41:38Z
dlr:ART
"231031 2023 eng "
2527-4031
dc
PARTICIPATION OF WOMEN IN SHAPING INTERNATIONAL LAW: A MANISFESTATION OF WOMEN CIVIL AND POLITICAL RIGHTS
Zunnuraeni, Zunnuraeni
Faculty of Law, Universitas Mataram
Nurbani, Erlies Septiana
School of Law, University of New England
Jannah, Aisyah Wardatul
Faculty of Syaria, Universitas Islam Negeri Mataram
Array
This article aims at outlining the women participation in making international human rights law which covered international conventions and international court decisions. Additionally, it critically examines whether the existing international instruments are sufficient to embody the equality of women and men in civil and political rights. This study is conducted in doctrinal method by analyzing the international norm using historical and conceptual approach. The discussion determines that After the 2nd World War, women began involving in the formation of international law either through international treaties making or court decisions. However, women’s involvement in international law making is still limited due to gender bias in international law-making processes and bound on the male parameter. Male domination in making international law resulted in the emergence of human rights rules that provide rights and equality for women in fulfilling civil and political rights as a mere formality, therefore, it has not significantly contributed to the effective human rights instruments in guaranteeing the fulfillment and equality of civil and political rights for women. The overall arguments in this study provide sufficient reasonings for the transformation toward more-gender responsive international law that featuring reformulation and reinterpretation of international law, involving more women as state delegate in international law-making process, and the parity of women in International Court Bench.
Fakultas Hukum, Universitas Diponegoro
2023-10-31 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/54020
Diponegoro Law Review; Vol 8, No 2 (2023): Diponegoro Law Review October 2023
eng
Copyright (c) 2023 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/19843
2020-04-17T17:04:26Z
dlr:ART
"180430 2018 eng "
2527-4031
dc
CRIMINAL JUSTICE SYSTEM IN ERADICATION OF CORRUPTION IN INDONESIA
Baskoro, Bambang Dwi
Faculty of Law, Diponegoro University
Hartiwiningsih, Hartiwiningsih
Faculty of Law, UNS Surakarta
Purwadi, Hari
Faculty of Law, UNS Surakarta
Array
Criminal Justice System in eradication corruption is spesialisation in around General Trial, not yet the same as Usually Criminal Justice System. It’s not integrated like normal criminal justice system, because each other institution work in criminal justice system itself so appearance the fragmentaris and egosectoral.The regulating in Law is criminal justice systemsin eradication corruption emplacedCorruption Eradication Commission ( KPK) as coordinator, supervision, trigger mechanism institution besides as investigators and prosecutor corruption.
Fakultas Hukum, Universitas Diponegoro
2018-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/19843
Diponegoro Law Review; Vol 3, No 1 (2018): Diponegoro Law Review April 2018
eng
Copyright (c) 2018 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/24131
2020-04-17T17:06:15Z
dlr:ART
"190430 2019 eng "
2527-4031
dc
REGULATION OF RADIO FREQUENCY SPECTRUM AND ITS IMPLEMENTATION CHALLENGES IN THE PERSPECTIVE OF INTERNATIONAL LAW
Mahoro, Jean Claude Geofrey
Faculty of Law, Diponegoro University
Pramono, Agus
Faculty of Law, Diponegoro University
Array
The radio frequency spectrum is a limited natural resource, which is very important and strategic in the operation of telecommunications. Considering that it is a limited natural resource, its management is regulated internationally by the International Telecommunication Union (ITU), in which details are set out in the radio regulations (RR) as an integral part of the ITU Convention. The study is based on applicable legal regulations and is supported by literature studies. The results of the study indicate that the regulation of the radio frequency spectrum is based on radio regulations, international agreements within the ITU through the World Radio communication Conference forum. The implications of regulating the use of the radio frequency spectrum always take into account the general public needs for the dynamics of the progress in telecommunications technology, of which implementation of its utilisation rests in the principle of fairness and equity between regions, and efficiency. Therefore, all policies made are directed at creating a market balance, ensuring fair competition between telecommunication operators as a potential to prevent market dominance, as well as protecting consumers.
Fakultas Hukum, Universitas Diponegoro
2019-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/24131
Diponegoro Law Review; Vol 4, No 1 (2019): Diponegoro Law Review April 2019
eng
Copyright (c) 2019 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/28208
2020-04-30T23:41:47Z
dlr:ART
"200430 2020 eng "
2527-4031
dc
THOUGHTS ON THE RESPONSIBILITY OF LEGAL ENTITIES IN EUROPE
Liakopoulos, Dimitris
Fletcher Law School, Massachusetts Law School, De Haagse Hogenschool http://orcid.org/0000-0002-1048-6468
Array
The present work is concentrated on a construction of a legal person's model responsibility for the EU countries, with a particular attention for a comparative analyse of the systems assumed in certain European nations (Italian, France, Spain, German, Belgian systems). The end result of this system is oriented to corporates responsibilities that, after the mass transfer of general interest from public service to privates services, corporates have to attend to relatives guarantees. Because it was established a social insecurity level, we have produced a model of corporation’s organisation engaged of a security position, that exceed the traditional standard of culpability.
Fakultas Hukum, Universitas Diponegoro
2020-04-30 18:06:48
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/28208
Diponegoro Law Review; Vol 5, No 1 (2020): Diponegoro Law Review April 2020
eng
Copyright (c) 2020 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/25484
2020-10-31T07:47:29Z
dlr:ART
"201030 2020 eng "
2527-4031
dc
INDONESIAN FINTECH: BUSINESS ECOSYSTEM AND REGULATION
Sugeng, Sugeng
Faculty of Law, Universitas Bhayangkara Jaya
Tobing, Clara Ignatia
Faculty of Law, Universitas Bhayangkara Jaya
Fajarwati, Rona
Faculty of Law, Universitas Bhayangkara Jaya
Array
This article will examine the development of the business ecosystem and regulation of Financial Technology (Fintech) in Indonesia, especially lending through electronic transactions, or peer to peer lending (P2P Lending). Although the Financial Services Authority (OJK) has closed the company's activities, but in a short time other illegal companies have emerged, even in larger numbers. This research uses the doctrinal method with the statutory approach. Secondary data is used to explain of legal and social phenomena related to the research topic.The Fintech industry requires specific provisions governing criminal offenses related to Illegal companies.
Fakultas Hukum, Universitas Diponegoro
2020-10-30 23:35:33
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/25484
Diponegoro Law Review; Vol 5, No 2 (2020): Diponegoro Law Review October 2020
eng
Copyright (c) 2020 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/34082
2021-10-31T18:18:33Z
dlr:ART
"211031 2021 eng "
2527-4031
dc
INTERPRETATION OF OPEN LEGAL POLICY BY THE CONSTITUTIONAL JUDGES IN JUDICIAL REVIEW OF PARLIAMENTARY THRESHOLDS
Al-Fatih, Sholahuddin
Faculty of Law, Universitas Muhammadiyah Malang https://orcid.org/0000-0003-1166-5182
Array
This study attempted to discuss the interpretation of open legal policy by constitutional judges in terms of reviewing legislation related to the legal norms of parliamentary thresholds. Through conceptual and statutory approaches, this study tries to examine the ways or models of interpretation conducted by constitutional judges. This research uses Aharon Barak's thinking on the concept of legal interpretation a benchmark and an analytical tool. The results of this study show that the interpretation conducted by the constitutional judge relating to a norm that is considered an open legal policy is appropriate. This research is expected to help academics and legal practitioners, especially with regard to election law to be able to dig deeper into models of legal interpretation, not only based on the idea of Aharon Barak but also by other thinkers or experts.
Fakultas Hukum, Universitas Diponegoro
2021-10-31 17:43:39
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/34082
Diponegoro Law Review; Vol 6, No 2 (2021): Diponegoro Law Review October 2021
eng
Copyright (c) 2021 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/42132
2022-12-19T04:54:56Z
dlr:ART
"221027 2022 eng "
2527-4031
dc
THE CONSTITUTIONAL INTERPRETATION OF WOMEN'S POLITICAL RIGHTS
Lailam, Tanto
University of Cologne
Andrianti, Nita
Goethe University Frankfurt Am Main
Array
The research focuses on the gender equality and justice interpretation of women's political rights in the Constitutional Court decisions. The problem is how does the interpretation of the constitution protect and fulfill women's political rights?. The research method is legal doctrinal, focusing on constitutional interpretation with several approaches, including the statutory, analytical, and case approaches. The result of the research shows that the function of the Court as a protector of women's political rights is a consequence of the existence of human rights in the 1945 Constitution. Its guarantees the constitutional review authority to protect human rights. Based on several decisions of the Court: affirmative action case, leadership positions in the house of representatives case, the women position of governor and vice governor's appointment in a Special Region of Yogyakarta. These decisions, which are above cases, are a form of protection and fulfillment of women's political rights in realizing gender equality and justice. Of course, it is motivated by the fact that women's representation must be present in every political decision-making in the national and local governance.
Fakultas Hukum, Universitas Diponegoro
2022-10-27 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/42132
Diponegoro Law Review; Vol 7, No 2 (2022): Diponegoro Law Review October 2022
eng
Copyright (c) 2022 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/15323
2019-09-27T10:41:56Z
dlr:ART
"170428 2017 eng "
2527-4031
dc
REVEALING RELATIONSHIP CAPITALISM, DEMOCRACY AND GLOBALIZATION IN CRITICAL LEGAL STUDIES APPROACH
Samekto, FX.Adji
Faculty of Law, Diponegoro University
Array
The dominance of global capitalism is the result of a long historical process in Western Europe since the Enlightenment in the seventeenth century, the philosophers led by a very large influence on the political-economic thought and legal relationship with the state and its citizens.Capitalism and free market mechanisms become increasingly strong with sustained legal concept of rule of law. The principle of the rule of law actually originally not intended to be a means of achieving public objectives or to solve the problems of society such as the problem of poverty. Rule of law is intended to create a stable structure for individuals and businesses associated with economic activities.Linkage between laissez faire, the rule of law is logically implicated in the growth of the view that the existence of the state is to protect the free market. That is phenomena of globalization. The dominance of the rules of law which is intended to facilitate the interests of the free market encourage the implementation of adjustment programs by the state in Third World. As a result, however, it become difficult to realize policies in favor of poverty, meeting basic needs and alignments on the rights of local communities, the embodiment of social justice and environmental protection.
Fakultas Hukum, Universitas Diponegoro
2017-04-28 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/15323
Diponegoro Law Review; Vol 2, No 1 (2017): Diponegoro Law Review April 2017
eng
Copyright (c) 2017 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/36382
2023-08-23T05:24:11Z
dlr:ART
"230430 2023 eng "
2527-4031
dc
JUDGES PERSPECTIVE ON THE THIRD TALAK IMPOSED OUTSIDE OF COURT SESSION
Rofiq, Nur
Faculty of Social and Political Sciences, Universitas Tidar
Setyowati, Ro’fah
Faculty of Law, Universitas Diponegoro
Nugrahenti, Meydora Cahya
Faculty of Social and Political Sciences, Universitas Tidar
Prabowo, Wahyu
Faculty of Social and Political Sciences, Universitas Tidar
Asroni, Ahmad
Faculty of Business and Economics, Universitas Islam Indonesia
Amili, Halisma
Faculty of Law, Universitas Pohuwato
Setyaudin, Taufik
Sekolah Tinggi Agama Islam Al-Hikmah 2
Musthafa, Musthafa
Department of Fiqh and Usul, Academy of Islamic Studies, University of Malaya
Array
The research aims to analyze the views of the Panel of Judges, Mediator Judges, Positive Law in Indonesia and Islamic Law regarding triple talak outside the Religious Court hearings. The research method uses the research Normative Law-Empirical and the nature of this research is descriptive-analytic. The results of this research, namely the views of the Panel of Judges, Mediator Judges and Positive Law in Indonesia state that triple talak handed down outside the courtroom is invalid according to Law No. 7 of 1989 concerning Religious Courts and Compilation of Islamic Law Article 117. Meanwhile, according to Law Islam, there are four opinions, namely; First, the one that punishes three divorces imposed at once is three divorces. Second, the opinion condemns that three divorces at the same time only fall one. Third, a detailed opinion, that is a wife who has not had intercourse and has had intercourse with her husband. Three divorces are pronounced simultaneously against a wife who has not had intercourse, then it is divorced one, while divorces against a wife who has been consummated, then it is divorced three. The fourth opinion condemning three divorces at once is not divorced.
Fakultas Hukum, Universitas Diponegoro
2023-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/36382
Diponegoro Law Review; Vol 8, No 1 (2023): Diponegoro Law Review April 2023
eng
Copyright (c) 2023 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/16638
2020-11-14T01:39:19Z
dlr:ART
"171030 2017 eng "
2527-4031
dc
THE INDONESIAN DISABILITY NATIONAL COMMISSION AS A STRATEGIC POLICY IN FULFILLING THE RIGHTS OF PEOPLE WITH DISABILITY
Kumalasari, Galuh Wahyu
Faculty of Law, Universitas Muhammadiyah Surakarta
Array
The disability or different ability is every people who had physical limitation, intellectual, mental, and/or sensory for a long time in interacting with their environment, could run into obstacles and difficulties to participate in full and effective with other citizens by equality rights. The law 8/2016 about people with disability is being law enforcement to fulfill the rights for the people with disability. Social Affairs Ministry through the Social Directorate of Disability Rehabilitation is the instrument of the state to implement the fulfillment of the rights. This writing is used normative juridical method to dig the formation policy of the National Commission with Disability to guarantee the disability rights. This study found that function given to social affairs ministry actually flawed, considering rights of people with disabilities is not simply about economic needs, but also the right to life, health, education, accessibility, political, and others. There are so many disabilities in various areas experienced discrimination and treated very inhuman, not only related accessibility but also about neglect practices and put the people with disabilities in a stocks. The formation of a national commission with disability as instructed in article 131-134 Act 8/2016 is very urgent to crystallize, so the implementation of the disability rights can be optimized. The formation of the national commission with disability will give certainty of a special institution that focus to handle and ensure the fulfillment rights of people with disabilities as citizens.
Fakultas Hukum, Universitas Diponegoro
2017-10-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/16638
Diponegoro Law Review; Vol 2, No 2 (2017): Diponegoro Law Review October 2017
eng
https://ejournal.undip.ac.id/index.php/dlr/article/download/16638/40565
Copyright (c) 2017 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/19271
2020-04-17T17:04:00Z
dlr:ART
"180430 2018 eng "
2527-4031
dc
DPD (REGIONAL REPRESENTATIVE COUNCIL), AS A STATE AGENCY OF INDONESIAN STATE SYSTEM, RUNS THE AUTHORITY OF ITS ROLE AND FUNCTION TO CREATE THE EXISTENCE OF BICAMERAL SYSTEM IN INDONESIA
Pile Tukan, John Paulus
Faculty of Law, Diponegoro University
Tyesta ALW, Lita
Faculty of Law, Diponegoro University
Array
DPD (Regional Representatives Council) which is the representative of the region can be a counterweight in strengthening the parliamentary system in Indonesia. Since the amendment begun, the Indonesian parliamentary system has changed from a unicameral system to a bicameral system. However, if noticed, the functions, powers and duties set forth in Article 22 D of the 1945 Constitution and Law No.22 of 2003 on the composition and position of MPR (People’s Consultative Assembly), DPR (House of Representatives), DPD (Regional Representatives Council) and DPRD (Regional People’s Representatives Council), there are many assumptions that whether the function of Regional Representative Council can represent regional’s interests. DPD does not only serve as a counselor of regional autonomy board, and does not serve the legislature, as a country that embraces bicameral system. Bicameral is a term of representation system consisting of two chambers, which in Indonesia are known as DPR RI (House of Representatives of the Republic of Indonesia) and DPD RI (Regional Representatives Council of the Republic of Indonesia) which aims to achieve good government and the achievement of checks and balances between institutions, particularly in the legislature, which is one of the most important elements in the constitutional of the State.
Fakultas Hukum, Universitas Diponegoro
2018-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/19271
Diponegoro Law Review; Vol 3, No 1 (2018): Diponegoro Law Review April 2018
eng
Copyright (c) 2018 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/21184
2020-04-17T17:05:50Z
dlr:ART
"190430 2019 eng "
2527-4031
dc
IMPLEMENTATION OF STATE OF EMERGENCY WITHIN THE CONSTITUTIONAL LAW SYSTEM IN INDONESIA
Bima, Muhammad Rinaldy
Faculty of Law, Universitas Muslim Indonesia
Array
This research aims at analyzing the state governance practice which frequently and extraordinarily takes place when governing the state administration, in which the common legal system is unable to accommodate the people's interests. Self-governance is highly necessary that the state function may effectively run independently as the state organ by ensuring respect and compliance of right guaranteed by the state 1945 constitution of the Republic of Indonesia (UUD NRI 1945) as the highest legal document in governing the state. The legal equipment should be able to anticipate various possibilities of emergency conditions to ensure the sustainability of state life
Fakultas Hukum, Universitas Diponegoro
2019-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/21184
Diponegoro Law Review; Vol 4, No 1 (2019): Diponegoro Law Review April 2019
eng
Copyright (c) 2019 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/25265
2020-04-17T17:07:37Z
dlr:ART
"190930 2019 eng "
2527-4031
dc
OPTIMALIZATION OF LEGAL PROTECTION FOR FEMALE HOUSEMAIDS IN INDONESIA
Hardiyanti, Marzellina
Faculty of Law, Diponegoro University
Purwanti, Ani
Faculty of Law, Diponegoro University
Array
Housemaids are one of the most vulnerable groups to violence and unfair wage. The problem is that, in Indonesia, female comprised 90% of the housemaids, thus making them even more vulnerable. Several cases of physical, psychological, and sexual violence that happened against housemaids are due to discriminative environment. This problem is what urges for the access of justice for female housemaids in Indonesia, thus the focus of this article. The research of this article used the normative legal approach based on literature studies and descriptive analysis towards the problem. The urgency of legal protection for female housemaids in Indonesia is caused by the prevalence of domestic violence and unfair compensation. Therefore, a comprehensive and exhaustive legal framework is needed to provide a sufficient access of justice mechanism for female housemaids, such as a legislative act specified for them. Rehabilitation is also a vital mechanism, especially to housemaids who suffered from violence by providing them temporary shelters, counseling, and protection from retalitation.
Fakultas Hukum, Universitas Diponegoro
2019-09-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/25265
Diponegoro Law Review; Vol 4, No 2 (2019): Diponegoro Law Review October 2019
eng
Copyright (c) 2019 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/29196
2020-10-31T07:47:56Z
dlr:ART
"201030 2020 eng "
2527-4031
dc
THE RECONSTRUCTION OF POLICY RELATED TO THE OPTIMISATION ON NATIONAL SOCIAL SECURITY PUBLIC MEMBERSHIP
Sa'adah, Nabitatus
Faculty of Law, Universitas Diponegoro https://ejournal.undip.ac.id/index.php/mmh/issue/view/2295
Array
One of the people’s needs in terms of effort to manifest the purpose of the state which is to establish national well-being is by providing social security. Social security is a form of social protection to meet citizens' basic needs. Associated with the implementation of national social security, the government obligates its citizens to participate in the program. However, the fact was there are still many citizens which are reluctantly participating in the program. It is leading to funding collection to be not optimal and affecting the implementation of social security. The research is adopting normative approach, which is stressed on the secondary data. The research specification is an analytic description with qualitative analysis. The national social security is a compulsory program for all of the Indonesian citizens particularly for the independent level, however, not all have joined it particularly self-referred participants. Several aspects causing this problematic program, such as the lack of people's awareness. The lack of people discipline toward the payment, ineffective sanctions and lack of service, are proved with the abundant number of payment arrears by independent participants. The reconstruction of optimization of National Social Security Program is managed with the improvement of legal substance, legal structure and legal culture.
Fakultas Hukum, Universitas Diponegoro
2020-10-30 23:35:33
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/29196
Diponegoro Law Review; Vol 5, No 2 (2020): Diponegoro Law Review October 2020
eng
Copyright (c) 2020 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/29297
2021-05-12T08:37:54Z
dlr:ART
"210430 2021 eng "
2527-4031
dc
PAKISTAN-INDIA CONFLICT AND THE RIGHT OF SELF-DETERMINATION OF KASHMIR
Gunawan, Yordan
Faculty of Law, Universitas Muhammadiyah Yogyakarta
Putri, Desi Nur Cahya Kusuma
Faculty of Law, Universitas Muhammadiyah Yogyakarta
Sienda, Ravenska Marchdiva
Faculty of Law, Universitas Muhammadiyah Yogyakarta
Rosidi, Sigit
Faculty of Law, Universitas Muhammadiyah Yogyakarta
Melinda, Ami Cintia
Faculty of Law, Universitas Muhammadiyah Yogyakarta
Array
The dispute in Jammu and Kashmir has been tensed by the revocation of Article 370 of the Indian Constitution by the Indian government in the end of 2019. The existence of Kashmir has become one of matters as the main focus between India-Pakistan conflicts. People are under diverse senses of de facto and de jure martial law. Estimated from 1990, thereabouts 70,000 people have been killed, 8,000 people have been subjected to enforced disappearances, thousand of them also victims of repressive laws and Indian security forces humiliate the protestors and detainees frequently. The research is normative legal research by using statute approach and case approach through literature review. The research aims to discuss and analyze the implementation of the rights of self-determination pursuant to Kashmir dispute between India and Pakistan. The results of the study indicate all the disputes should be ended by giving the right to self-determination, which should be given to the people of Kashmir, thus the disputes between the two countries can be resolved properly and making a clarity of Kashmir status.
Fakultas Hukum, Universitas Diponegoro
2021-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/29297
Diponegoro Law Review; Vol 6, No 1 (2021): Diponegoro Law Review April 2021
eng
Copyright (c) 2021 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/34538
2022-05-18T04:43:17Z
dlr:ART
"220428 2022 eng "
2527-4031
dc
BETWEEN LEGAL RISK AND SHARIA RISK IN ISLAMIC BANKING: HOW SHARIAH GOVERNANCE ADDRESS THE PROBLEM
Karimah, Iffah
Faculty of Law, Universitas Indonesia
Array
Islamic Bank has unique risk due to its Sharia-compliance principles. Two of risksknown in Islamic Banking are legal risk and sharia risk. This paper aims to explain the legal risk and sharia risk faced by Islamic Banking in Indonesia. Moreover, this paper also will discuss the cause of these risks and its mitigation strategy using Shariah Governance concept. This paper using literature studies from previous research and existing regulation in Indonesia. This research shows that Islamic Banking in Indonesia has unique legal risks and sharia risk due to its adherence to a dual law system: shariah law and national law. There are several causes of legal risk and sharia risk in Islamic Banking in Indonesia, such as lack of supporting legal system and regulation, lack of standardization contract in Islamic Banking, and lack of Court Systems to resolve Islamic Banking’sproblem. Moreover, there are severalissues on the product development process in Islamic Bank. In addition, this paper explores the role of Shariah Governance such as Sharia Supervisory Body and National Shariah Board as a solution to address the problem stemming from legal risk and sharia risk.
Fakultas Hukum, Universitas Diponegoro
2022-04-28 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/34538
Diponegoro Law Review; Vol 7, No 1 (2022): Diponegoro Law Review April 2022
eng
Copyright (c) 2022 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/12210
2020-04-17T17:03:23Z
dlr:ART
"161007 2016 eng "
2527-4031
dc
THE STRATEGIES OF WOMEN PROTECTION IN SOLVING DOMESTIC VIOLENCE CASES IN CENTRAL JAVA THROUGH SHELTERED HOUSE
Suteki, Suteki
Faculty of Law, Diponegoro University http://ejournal.undip.ac.id/index.php/dlr
Purwanti, Ani
Faculty of Law, Diponegoro University
Array
Domestic Violence is a highly occured violence which is pervasively victimizing women. Several study show that in the handling process, women, as the victim of domestic violence, has difficulty to go back home, which means she is going to face tortures again by her husband in her house. The problems are: the protection of women in eradicating Domestic Violence in Central Java and; and the ideal protection for women in solving Domestic Violence through Sheltered house. this research uses Socio-Legal method. The existence of sheltered house can become the alternative to protect the victimized women and handle the domestic violence whether in the family sphere or in the public sphere.The increasing number of women as the victim of violence time by time is spreading to the small city but based on the data of 35 regencies and cities in Central Java, only 7 areas which have sheltered house.
Keywords: Sheltered House, Domestic Violence, Central Java
Fakultas Hukum, Universitas Diponegoro
2016-10-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/12210
Diponegoro Law Review; Vol 1, No 1 (2016): Diponegoro Law Review October 2016
eng
Copyright (c) 2016 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/37136
2023-08-23T05:24:11Z
dlr:ART
"230430 2023 eng "
2527-4031
dc
DISTRIBUTION OF ZAKAT FOR CORRECTIONAL INMATES AS AZNAF RIQAB AT BAZNAS OF BARRU DISTRICT
Zainuddin, Zainuddin
Faculty of Law, Universitas Muslim Indonesia https://scholar.google.com/citations?view_op=list_works&hl=en&hl=en&user=iR4o4YAAAAAJ http://orcid.org/0000-0002-7321-8516
Salle, Salle
Faculty of Law, Universitas Muslim Indonesia
Array
Riqab in classical terminology is defined as a slave. The legal issue in this study is the interpretation of riqab law to make it more contextual. The purpose of this study is to determine: the meaning of riqab as zakat asnaf at BAZNAS in Barru District, and the distribution of zakat to riqab at BAZNAS in Barru District. This research is an empirical study with a qualitative approach and qualitative descriptive specifications. Data collection was carried out through interviews. BAZNAS of Barru interprets riqab contextually, riqab includes people who are shackled to their freedom because they are in a sentence period. The distribution of zakat to asnaf riqab is addressed to the Correctional inmates in the form of religious guidance consists of religious lectures, tahfidz of the Al-Quran, and skills development by providing capital to the Correctional inmates in the making of bricks.
Fakultas Hukum, Universitas Diponegoro
2023-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/37136
Diponegoro Law Review; Vol 8, No 1 (2023): Diponegoro Law Review April 2023
eng
Copyright (c) 2023 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/15334
2019-09-27T10:41:56Z
dlr:ART
"170428 2017 eng "
2527-4031
dc
LEGAL POLITICS OF PROTECTION OF INDONESIAN TRADITIONAL CULTURAL EXPRESSIONS / FOLKLORE
Roisah, Kholis
Faculty of Law, Diponegoro University
Array
This research discusses about the politics of legal protection of traditional cultural expressions/ folklore in Indonesia. It is important to note that the protection of traditional cultural expressions is necessary in order to form a national identity. Protecting traditional cultural expressions legally can also be the indication of civilization in order to force the state to conduct its obligation to develop national culture. The method of approach used in this study was non doctrinal or socio-legal approach. From the result of the research, it is found that first, constitutionally, politics of legal protection of traditional cultural expressions has obliged a state to develop its national culture, guarantee the freedom or independence of all components of the people in preserving and developing the culture and enjoy the product of the culture, in this case including in preserving and developing traditional cultural expressions/folklore. It must also guarantee the collective rights of all components of people including communities of people who preserve traditional cultural expressions for the sake of the wellbeing and the progress of the communities, or to a broader sense for the sake of the wellbeing of all Indonesian people. The second, operationally, politics of protection of traditional cultural expressions gives the state the authority to formulate policies, regulate, administrate, manage, promote and supervise the use of traditional cultural expressions. The state must be able to protect and guarantee all people’s rights related to traditional cultural expressions/folklore and various national cultural properties that can directly enjoy by the people. In addition, the state must also be able to prevent and handle the use of traditional cultural expressions that cause people to lose their access and rights to the traditional cultural expressions.
Fakultas Hukum, Universitas Diponegoro
2017-04-28 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/15334
Diponegoro Law Review; Vol 2, No 1 (2017): Diponegoro Law Review April 2017
eng
Copyright (c) 2017 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/18462
2020-11-14T01:39:19Z
dlr:ART
"171030 2017 eng "
2527-4031
dc
THE PROLIFERATION SYMPTOMS OF POLITICAL DYNASTIES IN BANTEN UNDER THE ERA OF GOVERNOR RATU ATUT CHOSIYAH'S
Sutisna, Agus
Government Science Study Program, Universitas Muhamamdiyah Tangerang
Array
Since forming into independent provinces, apart from West Java, Banten political life was marked by the strengthening of the symptoms of a political dynasty, both at the provincial and district and city. At the provincial level, the dominance of the local strongmen, Tb. Chasan Sochib in political of Banten very prominent and managed to put his son, Ratu Atut Chosiyah the governorship for almost two periods (2006-2011 and 2011-2014). Post success in occupying the post of governor, hypothetically Ratu Atut successfully build and develop a political dynasty to the various arenas of public life. This research was carried out on the object of governance and practices of government power governor of Banten province, with the aim to identify and explain how the practice of political dynasties or political kinship in Banten province in the era of the leadership of Governor Ratu Atut Chosiyah proliferate (distribution, diasporic) in various arenas of public life. This study used a qualitative approach, the method of collecting data and information through interviews, triangulation, literature and documents. The results showed that the practice of political dynasties in the era of the leadership of Governor Ratu Atut Chosiyah in Banten show any symptoms of the spread (proliferation, diasporic), not only in the realm of executive and legislative power, but also spread in many arenas of life of society, such as the arena business life, socio-cultural, educational, and organizational.
Fakultas Hukum, Universitas Diponegoro
2017-10-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/18462
Diponegoro Law Review; Vol 2, No 2 (2017): Diponegoro Law Review October 2017
eng
Copyright (c) 2017 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/21134
2020-04-17T17:05:41Z
dlr:ART
"181030 2018 eng "
2527-4031
dc
THE POSITION OF THE GUARANTOR IN RECONCILIATION ON THE BANKRUPTCY ACT ACCORDING TO THE LAW OF BANKRUPTCY IN INDONESIA
Mahmudah, Siti
Faculty of Law, Diponegoro University
Badriyah, Siti Malikhatun
Faculty of Law, Diponegoro University
Rahmanda, Bagus
Faculty of Law, Diponegoro University
Array
The existence of the guarantor in the world of business is widely known and required in the business world. Guarantor is stipulated in the agreement of guarantor which states that the Guarantor will pay the debt of debtor to its creditor if the debtor do not pay. The debt fulfillment of debtor to creditor can be done through the Bankruptcy Act which ended with reconciliation. The purpose of this research is to examine the position of the Guarantor in reconciliation on the Bankruptcy Act according to the Law of Bankruptcy in Indonesia, with the problem of how the position of the guarantor against debt fulfillment of debtor which ended with reconciliation in bankruptcy in Indonesia, and as a result of the approval of reconciliation in the bankruptcy of the submission of the claim the statement of bankrupt guarantor. The approach used in this research is the normative juridical, with a descriptive specifications analysis with the type of secondary data through the study of primary, secondary and tertiary legal material library which is then analyzed by qualitative research. The reconciliation that passed in bankruptcy does not always result to receivables of the creditors being paid for. Based on the provisions of Article 165 paragraph (1) Of Law No. 37 Of 2004 on Bankruptcy and Suspension of Obligation for Payment of Debts,Guarantor will still be obligated to pay off the debtor's debts that are borne which can cause the guarantor privileged as the debtor so it can be filed for bankruptcy if fulfilled the provisions of Article 2 paragraph (1) Of Law No. 37 Of 2004 on Bankruptcy and Suspension of Obligation for Payment of Debts.
Fakultas Hukum, Universitas Diponegoro
2018-10-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/21134
Diponegoro Law Review; Vol 3, No 2 (2018): Diponegoro Law Review October 2018
eng
Copyright (c) 2018 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/22790
2020-04-17T17:06:57Z
dlr:ART
"190930 2019 eng "
2527-4031
dc
ICAO’s ROLE IN ENVIRONMENTAL PROTECTION AND ITS SHORTCOMINGS UNDER RAPID GROWTH OF AVIATION INDUSTRY
Mahoro, Jean Claude Geofrey
School of Law, University of Rwanda
Array
The growth of the aviation sector has significantly contributed to the global interconnectivity since World War II and presented a strong need for regulation. The Chicago Convention is the first air law that shaped the aviation industry. With that, the United Nations General Assembly set up the International Civil Aviation Organisation (ICAO) with responsibilities that could realise the aviation’s ideal. Despite this development, environmental protection was not a serious concern. However, aviation emissions and noise were later documented to be a serious threat to human health and welfare. ICAO, in its remits, has played a significant role in by establishing a regulatory framework through its policies and standards. With doctrinal method, the researcher discusses those policies and standards in the environmental perspective and their shortcomings in the prevention of GHG emissions and aircraft noise. He also reflects the importance of the United Nations Framework Convention on Climate Change (UNFCCC) 1992 and Kyoto Protocol 1997. Considerably, this paper highlights some areas that need improvements such as ICAO policies and standards’ implementation mechanisms, Global Market-Based Measure (GMBM), Radio Frequency (RF) spectrum, and conventional framework in ICAO. Hence, the researcher recommends respective stakeholders to enhance their partnership by embracing the concept of sustainability in the aviation industry.
Fakultas Hukum, Universitas Diponegoro
2019-09-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/22790
Diponegoro Law Review; Vol 4, No 2 (2019): Diponegoro Law Review October 2019
eng
Copyright (c) 2019 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/27436
2020-04-30T23:41:39Z
dlr:ART
"200430 2020 eng "
2527-4031
dc
HUMAN RIGHTS AND LAW ENFORCEMENT: THE USE OF FORCE IN COUNTER TERRORISM
Prindani, Tubagus Ami
Sekolah Kajian Stratejik dan Global, Universitas Indonesia
Subandi, Imam
Faculty of Law, Universitas Diponegoro
Hukom, Marthinus
Sekolah Tinggi Filsafat Driyarkara Jakarta
Putri, Fayreizha Destika
Indonesia National Police Headquarters
Array
This paper aims at discussing the legal as well as the human rights impact on the use of force and firearms by law enforcement officers in the event of counter terrorism, case study of the Indonesian National Police Counter Terrorism Special Detachment 88 CT (Densus 88 AT Polri). The discussion focuses on the nature of the use of force as well as the use of lethal firearms by law enforcement officers made possible by international legislation and provisions on human rights. Is it possible that the use of force and lethal weapons is still in line with respecting and upholding human rights? How does the state's accountability in the event of use a force by law enforcement officers? How is the validity of the use of deadly forces in the event of arrest or raids conducted by police? Is it true that human rights are always contrary to police duties?
Fakultas Hukum, Universitas Diponegoro
2020-04-30 18:06:48
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/27436
Diponegoro Law Review; Vol 5, No 1 (2020): Diponegoro Law Review April 2020
eng
Copyright (c) 2020 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/29278
2021-05-12T08:37:52Z
dlr:ART
"210430 2021 eng "
2527-4031
dc
THE LEGAL ISSUES OF CASH WAQF IN CENTRAL JAVA, INDONESIA
Islamiyati, Islamiyati
Faculty of Law, Universitas Diponegoro
Hendrawati, Dewi
Faculty of Law, Universitas Diponegoro
Musyafah, Aisyah Ayu
Faculty of Law, Universitas Diponegoro
Array
The implementation of waqf cash that is not in accordance with the laws and regulations, raises legal problems in the community. The study will analyze the problem of chash waqf law and its juridical solution’s. This research in Central Java, by taking research samples from Boyolali, Salatiga, Regency and City of Semarang. The aim was to analyze the implementation of cash waqf in Central Java and its benefits can be used as material for government policies in implementing cash waqf law. The research type was field research and data was in the form of primary and secondary data, which includes primary, secondary and tertiary legal materials. The data were analyzed using descriptive analysis. The research results of the problem of cash waqf law in Central Java is; low public interest in representing cash waqf, lack of coordination between cash waqf institutions (BWI and LKS-PWU), lack of human resources in understanding cash waqf, and misunderstandings about the meaning of cash waqf. Juridical solutions include; increasing BWI management resources, optimizing BWI's performance, socialization of waqf legal rules, forming a positive image of LKS-PWU, and increasing the professionalism of integrated management in managing waqf assets.
Fakultas Hukum, Universitas Diponegoro
2021-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/29278
Diponegoro Law Review; Vol 6, No 1 (2021): Diponegoro Law Review April 2021
eng
Copyright (c) 2021 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/36640
2023-03-01T07:39:42Z
dlr:ART
"220428 2022 eng "
2527-4031
dc
COPYRIGHT ISSUE ON MUSIC BACK SOUND USAGE ON YOUTUBE VIDEO
Destyarini, Normalita
Faculty of Law and Business, Universitas Duta Bangsa Surakarta
Dewi, Idha Pratiwi Dyah Sinta
Faculty of Law, Universitas Diponegoro
Savitri, Ravina
Faculty of Law, Universitas Diponegoro
Naridha, Alifah Nur Fitriana
Faculty of Law, Universitas Diponegoro
Array
The emergence of social media Youtube also raises new legal problems in the field of copyright. The use of music as a video background by a content creator is often done without the permission of the creator. Using the work without the author's permission violates the exclusive rights of the creator. This paper will describe the policies that YouTube has in protecting music creators as well as law enforcement efforts for Content Creators who use music as a background without the creator's permission in connection with copyright regulations in Indonesia. The research is normative research using a statutory approach, data collection through library research, and analysis using descriptive-analytical techniques. The results of the study show that the protection of music as a background for videos uploaded on the Youtube site is regulated in Article 5, Article 9, and Article 20 of the Copyright Law. Copyright legal protection is provided by Youtube by granting a license, through this license copyright holders can claim Content ID in the event of a violation of copyrighted material. The Indonesian government provides repressive measures that can be taken in the event of copyright infringement through litigation and non-litigation.
Fakultas Hukum, Universitas Diponegoro
2022-04-28 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/36640
Diponegoro Law Review; Vol 7, No 1 (2022): Diponegoro Law Review April 2022
eng
Copyright (c) 2022 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/12205
2020-04-17T17:02:59Z
dlr:ART
"161007 2016 eng "
2527-4031
dc
REMODELLING AND REPOSITIONING OF COURT’S MEDIATION IN INDONESIA
Riyanto, R. Benny
Faculty of Law, Diponegoro University http://ejournal.undip.ac.id/index.php/dlr
Array
This article is intended to explain the failure of the use of mediation in Indonesia, particularly mediation which is integrated with the court (court connected mediation). The focus of the problem in this study is about the ideal model of court connected mediation as a strategy to achieve the hope of strengthening and to maximize the function of judiciary institutions in resolving dispute in Indonesia. A method of socio-legal research is used to reveal things that make mediation has not worked effectively in resolving civil case in court. This study resulted that the practice of mediation in civil court is very limited, especially dealing with a model applied by mediators, so it is not always appropriate to the situation faced by the parties in disputes. Moreover, although the Supreme Court Regulation allows co-mediation, in practice, it is never implemented. Even court connected mediation has become part of the dispute because it has been registered and published to public. So that it becomes a non-legal factor that influence the parties to reach agreement.
Keywords : mediation, mediator, civil case, model, court.
Fakultas Hukum, Universitas Diponegoro
2016-10-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/12205
Diponegoro Law Review; Vol 1, No 1 (2016): Diponegoro Law Review October 2016
eng
Copyright (c) 2016 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/40887
2022-12-19T04:22:32Z
dlr:ART
"221027 2022 eng "
2527-4031
dc
STATE RESPONSIBILITY FOR IMPLEMENTING LARGE-SCALE SOCIAL RESTRICTIONS TO COMMUNITIES AFFECTED BY COVID-19 IN SURABAYA CITY
Tinambunan, Hezron Sabar Rotua
Faculty of Social Science and Law, Universitas Negeri Surabaya
Widodo, Hananto
Faculty of Social Science and Law, Universitas Negeri Surabaya
Puspoayu, Elisabeth Septin
Faculty of Social Science and Law, Universitas Negeri Surabaya
Tiurmaida, Eliza
Faculty of Social Science and Law, Universitas Negeri Surabaya
Annabella, Zefanya
Faculty of Social Science and Law, Universitas Negeri Surabaya
Array
There are significant numbers of the people of Surabaya City affected by the Government Regulation of Large-Scale Social Restrictions (PSBB), because they work in informal aspects, such as online motorcycle taxis and street vendors (PKL). Hence, it is necessary for the state to intervene in order to continue providing comfort for its citizens in the PSBB implementation. The purpose of this research is to show the responsibility of the state during the Covid-19 pandemic so as to provide social justice for the entire community. The empirical juridical research method was used to achieve the research objectives. The results of this study showed that the state’s responsibility for the economic and social life of the community was designed by the founding fathers, carried out by the state under any conditions, be it normal conditions or abnormal conditions. The state was responsible for the economic and social life of the community, given the fact that there was a gap between the rich and the poor in the society. Because there were economically and socially vulnerable groups of people, the role of the state was needed to eliminate oppression by the rich to the poor. The state could use its discretionary authority as a form of implementing state responsibilities to the community in accordance with the laws and regulations.
Fakultas Hukum, Universitas Diponegoro
2022-10-27 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/40887
Diponegoro Law Review; Vol 7, No 2 (2022): Diponegoro Law Review October 2022
eng
Copyright (c) 2022 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/15329
2019-09-27T10:41:56Z
dlr:ART
"170428 2017 eng "
2527-4031
dc
THE FUNCTION OF IDEAL LAW IN PREPARATION REGULATION LEGISLATION IN ORDER TO CREATING EQUITABLE REGIONAL DEVELOPMENT
Saraswati, Retno
Faculty of Law, Diponegoro University
Array
Indonesia as a country that adheres to the concept of the welfare of the duty of the welfare, in order to achieve the necessary guidance in the formation of the law, in the form of legal ideas. Indonesia has set a goal of Pancasila as the law, which includes the noble values developed from their own community. Efforts to create equitable regional development can be achieved through legislation that is based on the ideals of the law.
Fakultas Hukum, Universitas Diponegoro
2017-04-28 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/15329
Diponegoro Law Review; Vol 2, No 1 (2017): Diponegoro Law Review April 2017
eng
Copyright (c) 2017 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/55495
2024-03-15T03:41:38Z
dlr:ART
"231031 2023 eng "
2527-4031
dc
THE SHARIA COMPLIANCE OF SECURITIES CROWDFUNDING: A CASE STUDY ON SME
Yuspin, Wardah
Faculty of Law, Universitas Muhammadiyah Surakarta https://orcid.org/0000-0002-7475-4804
Marjanah, Iramadya Dyah
Faculty of Law, Universitas Muhammadiyah Surakarta https://orcid.org/0000-0001-5122-1688
Budiono, Arief
Faculty of Law, Universitas Muhammadiyah Surakarta https://orcid.org/0000-0002-5284-5684
Pitaksantayothin, Jompon
Hankuk University of Foreign Studies
Array
The growth and development of Small Medium Enterprises (SME) have various challenges that must be overcome. Financing is one of the most challenging issues to be funded. Traditional finance is a funding instrument that is somewhat difficult to penetrate for SME as they are not yet bankable and are in the stage of business initiation. This is resolved by the stipulation of POJK regulation Number 37/POJK.04/2018 which was amended to POJK Number 16/POJK.04/2021 and becomes alternative funding for SME in Indonesia. This study uses emipirical research method with a qualitatif study approach. Primary data was obtained based on interviews and secondary data using desk research. There are two products issued by Securities Crowdfunding Sharia: Shares and Sukuk. These two products must fulfill the requirements of sharia principles, which should not incorporate with syariah compliance. The result of this research is that the products in SCF Syariah do not violate Sharia Compliance. Four categories have been analyzed, and the results show that they do not contain four categories that violate Sharia Compliance.
Fakultas Hukum, Universitas Diponegoro
2023-10-31 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/55495
Diponegoro Law Review; Vol 8, No 2 (2023): Diponegoro Law Review October 2023
eng
Copyright (c) 2023 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/21129
2020-04-17T17:05:05Z
dlr:ART
"181030 2018 eng "
2527-4031
dc
THE ROLE OF LAW AND SHARIAH GOVERNANCE IN ISLAMIC FINANCE TOWARDS SOCIAL JUSTICE IN DIVERSITY
Markom, Ruzian
Faculty of Law, Universiti Kebangsaan Malaysia
Array
Comprehensive law and Shariah governance framework are important in ensuring the sustainability of Islamic financial goal. Both elements contributed in the process of social justice in diversity between the industry and the society. This article is aimed to discuss on the role of law and Shariah governance in Islamic finance towards social justice in diversity. It defined the meaning of laws, Shariah governance and social justice in diversity in the context of Islamic finance. Then, it analysed the challenges of Islamic finance in promoting social justice in diversity. Finally, in resolving the challenges, it is recommended to adopt the six key areas laid down in the World Global Report 2016.
Fakultas Hukum, Universitas Diponegoro
2018-10-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/21129
Diponegoro Law Review; Vol 3, No 2 (2018): Diponegoro Law Review October 2018
eng
Copyright (c) 2018 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/24132
2020-04-17T17:06:26Z
dlr:ART
"190430 2019 eng "
2527-4031
dc
UNDERSTANDING OF THE BATIK LAWEYAN SOLO CREATOR FOR COPYRIGHT (STUDY OF LAW NUMBER 28 OF 2014 CONCERNING COPYRIGHT)
Mauli, Chandra Adi
Faculty of Law, Sebelas Maret University
Array
The focus of the discussion in this study is the First Copyright Law as an embodiment of penetration of the legal culture of Western (capitalist) countries with individualistic nuances as positive law. Secondly, the culture of the laws of the local community where the Copyright Law is applied as a living law in society (Living law). The purpose of this paper is to know and explain not the implementation of the law as a positive law (positive law) in this case what is meant is the Copyright Act, in an Indonesian society and the Batik Laweyan craftsmen in particular, so that it is expected to explain why Copyright Law cannot function optimally in Indonesia which is marked by the many violations or piracy of a copyrighted work. The method in this writing is a qualitative method with the Sociological Research approach, while the paradigm used as the basis is the Paradigm of Social Definition with the aim of understanding social behavior through interpretation by explaining the path of development and its consequences according to its causes. Based on the social definition paradigm, the theory used is interactionism theory, which mainly emphasizes sociopsychological perspectives, the main goal of which is the individual in his personal personality and the interaction between internal opinion and one's emotions with social behavior. With the Symbolic Interaction Theory approach, in this study will be able to further reveal the behavior of certain community groups by interacting with existing social behavior. And also with the Phenomenology Theory is that human action becomes a social relationship if humans give a certain meaning or meaning to their actions, and other human beings also understand their actions as appropriate which means that humans are social beings, so that the awareness of daily life is an absolute magnification.
As for the study findings it turns out, the Copyright Act in the application in the Laweyan Batik Craftsman community is in conflict with the Javanese legal culture that promotes harmony between neighbors, ewuhpekeweuh, tepasliro, mutual cooperation. If the law of copyright is strictly enforced, it will result in disturbance of neighborly living conditions. Because most Batik Laweyan craftsmen live next to each other even there is still a kinship, so that when it comes to demanding or monopolizing a work, it will lead to neighboring reluctance. They assume that even the art of batik is their property from the property of their ancestors so that anyone can imitate and make it.
Fakultas Hukum, Universitas Diponegoro
2019-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/24132
Diponegoro Law Review; Vol 4, No 1 (2019): Diponegoro Law Review April 2019
eng
Copyright (c) 2019 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/28449
2020-04-30T23:41:58Z
dlr:ART
"200430 2020 eng "
2527-4031
dc
RESPONSIBILITY OF PUBLIC HEALTH SERVICE BASED ON THE CONSTITUTION OF INDONESIA
Ardiansah, Ardiansah
Faculty of Law, Universitas Lancang Kuning
Array
The Indonesian Constitution has mandated health services for its people. Everyone has the right to receive health services, while the state is obliged to provide health services. The implementation of public health services faces problems concerning the president regulations about the increase of health insurance fee. The House of Representatives does not agree with the increase in health insurance fee, because the government should be responsible for the realization of public health services. This research uses normative legal research methods. The results showed that the government's policy of raising fees was considered unfair and burdensome to the people of Indonesia.Health services for the people of Indonesia has been mandated by The Indonesian Constitution. The denial of health services is a violation to the Indonesian constitution. The people have the right to get health services, whereas the state is responsible for providing health services. Therefore, even though the government raises fees, people expect the government to cancel the increase of the fee. Due to the fact that the Indonesian constitution has made it clear that the state is responsible for providing health services to its people.
Fakultas Hukum, Universitas Diponegoro
2020-04-30 18:06:48
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/28449
Diponegoro Law Review; Vol 5, No 1 (2020): Diponegoro Law Review April 2020
eng
Copyright (c) 2020 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/29209
2020-10-31T07:48:01Z
dlr:ART
"201030 2020 eng "
2527-4031
dc
APPLICABLE LIMITATIONS ON THE CRIMINAL CODE BASED ON THE 1945 CONSTITUTION, LAW NO. 1 OF 1946 AND THE GOVERNMENT REGULATION NO. 2 OF 1945
Adhari, Ade
Faculty of Law, Universitas Tarumanagara
Herning SB, Tundjung
Faculty of Law, Universitas Tarumanagara
Array
The enactment of Criminal Code (Wetboek van Strafrecht) in Indonesia is based on the 1945 Constitution, Law No. 1 of 1946 and Government Regulation No. 2 of 1945. The existence of these regulations not only gives legitimacy to the implementation of the Criminal Code, but also provides 'boundary signs' in implementing them. This paper aims to examine the limitations of the enactment of the Criminal Code based on various provisions. The limiting signs include: first, the enactment of the Criminal Code is temporary until the Criminal Code is established based on the 1945 Constitution. This means that the Draft Law on the Criminal Code must be ratified immediately. It is a form of carrying out the mandate to renewal of criminal law as stated in the constitution. Second, there is a need to examine the norms of criminal law in the Criminal Code before it is applied (whether the criminal law norms are in accordance with the criteria "does not conflict with the position of the Republic of Indonesia as an independent state or not in conflict with the Constitution"), and third, the application of the articles in the Criminal Code must remain in the Indonesian context.
Fakultas Hukum, Universitas Diponegoro
2020-10-30 23:35:33
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/29209
Diponegoro Law Review; Vol 5, No 2 (2020): Diponegoro Law Review October 2020
eng
Copyright (c) 2020 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/34191
2021-10-31T18:18:58Z
dlr:ART
"211031 2021 eng "
2527-4031
dc
INCONSISTENCIES IN ICSID AWARDS ON DISPUTES RELATED TO MFN AND UMBRELLA CLAUSE
Herliana, Herliana
Faculty of Law, Universitas Gadjah Mada
Array
Investment arbitration has been acclaimed as an important part of Foreign Direct Investment (FDI) movement around the globe because it provides a neutral and trustable forum for settling investment dispute. However, many argue that investment arbitration often becomes advocates of foreign investors and neglect the developing country’s interests as the host of investment. This paper aims at studying the investment arbitration awards rendered by International Center for Settlement of Investment Dispute (ICSID) tribunals launched against developing countries. The question is whether and to what extent those awards have equally observed the interests of foreign investors and host states of investments. To answer the questions, this paper employs case study method and use publicly available ICSID cases. This research shows that some ICSID tribunals have inconsistent reasoning which led to contradictory decisions. Apparently, as some cases indicate ICSID tribunals gave more weight to the need to protect foreign investors rather than host countries’ development interests. As a consequence, inconsistency and ambiguity have led to uncertainty and unpredictability of the forum. This is not only disadvantaged the parties due to inability to foresee the likely outcome of the disputes but also endanger the ICSID tribunals’ credibility as neutral and reliable forum.
Fakultas Hukum, Universitas Diponegoro
2021-10-31 17:43:39
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/34191
Diponegoro Law Review; Vol 6, No 2 (2021): Diponegoro Law Review October 2021
eng
Copyright (c) 2021 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/50608
2023-08-23T05:24:11Z
dlr:ART
"230430 2023 eng "
2527-4031
dc
VILLAGE DEPENDENCY TO LOCAL GOVERNMENTS IN THE VILLAGE HEAD POSITION FILLING ACCORDING TO VILLAGE LAW
Diamantina, Amalia
Faculty of Law, Universitas Diponegoro
Setiawan, Fajar Ahmad
Institute of Human Rights and Peace Studies, Mahidol University
Array
The election of village heads in Indonesia is implementation of democracy and people's sovereignty in Indonesia. However, in practice, the Village Head Election is still very dependent on Regency / City Government. The aim of the study is to analyze the dependency of the Village Head filling on the Regency/City Government and the involvement of the Regency/City Regional Government in filling the position of Village Head. This study uses a normative juridical research method using a dogmatic legal approach and secondary data as the source. The results of the study indicate that the involvement of the Regency/City Government in filling the position of Village Head is the result of the concept of division of power, which is a territorial division of power adopted by the Unitary State of the Republic of Indonesia. As a result, the Regency/City Regional Government has a relatively large portion of involvement in filling the Village Head positions as regulated by applicable laws and regulations. This is what should be reduced for the sake of village development in Indonesia.
Fakultas Hukum, Universitas Diponegoro
2023-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/50608
Diponegoro Law Review; Vol 8, No 1 (2023): Diponegoro Law Review April 2023
eng
Copyright (c) 2023 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/35893
2022-12-19T01:56:21Z
dlr:ART
"221027 2022 eng "
2527-4031
dc
THE LEGALITY OF DOCUMENTS NEGLIGENTLY AFFIXED WITH FORGED STAMPS
Djaja, Benny
Faculty of Law, Universitas Tarumanagara https://orcid.org/0000-0003-4291-2019
Array
Since the last amendment was in force in 2000, the tariff charged for stamp duty has not been adjusted to suit the most recent monetary value up until Law No. 10 of 2020 on Stamp Duty was issued. In addition to tariff adjustment, the new Law also stipulates the levy of stamp duty on digital documents, which have become increasingly popular used in the recent years, with the expectation of boosting the inflow of State revenue generated from the levy of stamp duty. Nonetheless, the rampant distribution of illegal, forged stamps, aside of inflicting material losses on the State finance due to non-optimum revenue generation, also give rise to uncertainty amongst laypersons with regards to the legality of the document concerned. A document found to have used a forged stamp shall be considered legally equal to an unstamped document, leaving thereupon an obligation due for settlement prior to the document being eligible for use, which should be rectified through an administrative means called “pemeteraian kemudian/subsequent stamp” (nazegelen).
Fakultas Hukum, Universitas Diponegoro
2022-10-27 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/35893
Diponegoro Law Review; Vol 7, No 2 (2022): Diponegoro Law Review October 2022
eng
Copyright (c) 2022 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/15324
2019-09-27T10:41:56Z
dlr:ART
"170428 2017 eng "
2527-4031
dc
THE ROLE OF JUSTICE COLLABORATOR IN UNCOVERING CRIMINAL CASES IN INDONESIA
Thalib, Hambali
Faculty of Law, Universitas Muslim Indonesia
Rahman, Sufirman
Faculty of Law, Universitas Muslim Indonesia
Semendawai, Abdul Haris
,Chairman of Witness And Victim Protection Agency
Array
The purpose of this research is to study the role of justice collaborator in uncovering who is the mastermind behind a major crime in the act of criminal law, and also not only end on a minor defendant (field defendant). The empirical law research methods is conducted on the Commission Eradication Commission (KPK) and the Witness and Victim Protection Agency (LPSK). The results shows that the role of justice collaborator facilitates the verification in the criminal judicial process in order to totally reveal the well-organized transnational crime. In this context, corruption in Indonesia is committed collectively, the existence of regulations on justice collaborator is a legal instrument that is expected to strengthen the collection of Form of Evidence dan Real Evidence at the trial
Fakultas Hukum, Universitas Diponegoro
2017-04-28 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/15324
Diponegoro Law Review; Vol 2, No 1 (2017): Diponegoro Law Review April 2017
eng
Copyright (c) 2017 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/50691
2024-03-15T03:41:38Z
dlr:ART
"231031 2023 eng "
2527-4031
dc
DESIGN ELEMENTS AND RISKS OF CENTRAL BANK DIGITAL CURRENCY IN TAILORING A PRUDENT ‘RUPIAH DIGITAL’
Santoso, Wahyu Yun
Center for Law, Technology, RegTech and LegalTech Studies (CTRL), Faculty of Law,, Universitas Gadjah Mada https://orcid.org/0000-0003-0328-7855
Putra, Araya Anggara
Center for Law, Technology, RegTech and LegalTech Studies (CTRL), Faculty of Law,, Universitas Gadjah Mada
Susanti, Laras
School of Law, University of Pittsburgh
Rahman, Faiz
Leiden Law School, Universiteit Leiden
Array
As the risks associated with the use of stablecoins grow, BI intends to issue Indonesian CBDCs. However, as a financial system innovation, the design of a CBDC must also consider the consequences and risks that may arise from its implementation. In this regard, BI believes that the primary foundation for CBDC implementation should be a strong legal foundation. This normative paper discusses the legal concerns that could arise throughout CBDC implementation in Indonesia. However, because Indonesia's legal framework for cyber privacy and security is still in its infancy, this paper also investigates the privacy and cyber security risks of CBDC implementation. According to the research findings, Indonesia's regulatory framework is still far from being capable of accommodating CBDC implementation. The legality of this CBDC is primarily determined by whether it is a currency or merely a payment instrument. Furthermore, there are privacy and cybersecurity risks that are not mitigated by the current regulatory framework. Despite the passing of the umbrella regulation for Indonesian personal data protection, some aspects of privacy must be taken into account by enacting provisions that protect retail CBDC users. In terms of cybersecurity, there is an urgent need to enact a comprehensive Cybersecurity Law, given the existing cybersecurity provisions still lack adequate protection for CBDC.
Fakultas Hukum, Universitas Diponegoro
2023-10-31 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/50691
Diponegoro Law Review; Vol 8, No 2 (2023): Diponegoro Law Review October 2023
eng
Copyright (c) 2023 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/18130
2020-11-14T01:39:19Z
dlr:ART
"171030 2017 eng "
2527-4031
dc
PROTECTION AND REHABILITATION FOR WOMEN VICTIMS OF VIOLENCE ACCORDING TO INDONESIAN LAW (STUDY ON CENTRAL JAVA GOVERNMENT'S HANDLING THROUGH KPK2BGA)
Purwanti, Ani
Faculty of Law, Diponegoro University https://scholar.google.co.id/citations?user=vbFAKQYAAAAJ&hl=id
Array
Based on the report of Indonesia’s National Commission of Women Rights, the data of violence against women in 2017 are distributed as 10205 cases of domestic violence (75%), 3092 cases in community level (22%), and 305 cases in nation sphere (3%). Domestic violence is the most occurred violence with 4281 cases of physical abuse (42%), followed by 3495 cases of sexual abuse (34%), 1451 cases of psychological abuse (14%), and 978 cases of economic abuse (10%). There are 3092 cases of violence in community level, where sexual abuse is placed in the first rank with 2.290 cases (74%), followed by physical abuse with 490 cases (16%), psychological abuse with 83 cases (3%), violence to migrant labor with 90 cases (3%), and trafficking with 139 cases (4%). The data in Central Java since 2014 until April 2017 noted 5881 victims of violence, consisting of 4724 female and male victims. The data showed that there are 5163 male and 425 female offenders in the violence cases.
The fulfillment of the rights for women to get the protection and rehabilitation, especially to get quality, comprehensive, and continuous rehabilitation is urgently required. The regulation to protect and rehabilitate women as the victims of violence exists, although the implementation is not enough.
This research used socio-legal approach; an approach overviews the legal and social aspect in observing and finding solution related to the problems in this research.
Legal protection to women as the victims of violence exists in the Law and Regulation in Indonesia (Law of Domestic Violence, Law of Trafficking, Law of Victim and Witnesses Protection), while the rehabilitation to violence against women includes medical services, legal aid services, legal enforcement services, legal re-socialization, shelter service, home security services, and counselling services.
Fakultas Hukum, Universitas Diponegoro
2017-10-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/18130
Diponegoro Law Review; Vol 2, No 2 (2017): Diponegoro Law Review October 2017
eng
Copyright (c) 2017 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/19840
2020-04-17T17:04:19Z
dlr:ART
"180430 2018 eng "
2527-4031
dc
LEGAL IMPLICATION OF THE AUDIT BOARD OF INDONESIA ON MANAGEMENT AUDIT AND FINANCIAL LIABILITY OF THE STATE AGAINST STATE-OWNED ENTERPRISES
Juliani, Henny
Faculty of Law, Diponegoro University
Array
The objectives of tis research is to find out implication of BPK (Auditor Board of Republic of Indonesia) in the implementation of auditing and responsibility of state finance which is manage by state own company as regulated by national regulations. This study used normative juridical and analytic descriptive approach. The study indicated that BPK has authorities to conduct finance audit and control and ask responsibility to BUMN management board because assets of BUMN is belonged to state assest although the assests is separated, it cannot be converted to be BUMN assest. Its juridical implication, there is not transformation from state finance to private finance in managing separated state assests, consequently BPK as independent external auditor has authority to audit professionally.
Fakultas Hukum, Universitas Diponegoro
2018-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/19840
Diponegoro Law Review; Vol 3, No 1 (2018): Diponegoro Law Review April 2018
eng
Copyright (c) 2018 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/21981
2020-04-17T17:05:53Z
dlr:ART
"190430 2019 eng "
2527-4031
dc
IMPLEMENTATION OF LEGAL PROTECTION BY THE GOVERNMENT IN ORDER TO EMPOWERMENT OF MICRO SMALL MEDIUM ENTERPRISE TO REALIZE THE JUSTICE ECONOMY (Research Study: The Office of Cooperative and Micro Small and Medium Enterprise Province of Central Java)
Wahyuni, Raden Ani Eko
Faculty of Law, Diponegoro University
Hartono, Darminto
Faculty of Law, Diponegoro University
Array
Micro, Small and Medium Enterprises try to grow and develop their business in order to build a national economy based on equitable economic democracy. The position of MSMEs is very important in economic development It is very important to do protection. Protection of MSMEs is assistance and support made by the government towards MSMEs. Protection in legal action, assistance in the production process to marketing and support in terms of capital. There is a debate that is found is how to issue law by the government in empowering MSMEs to realize equitable economic prosperity.
The research in this paper used a normative juridical research method. The approach used in this study is socio legal approach which the law is conceptualized as a set of regulation that is valid in the society and the validity will be affected by other factors.
This study intends to measure the extent of the role of the government and what efforts are being made especially by regional governments, in this case the Central Java Provincial Office of Cooperatives and SMEs in implementing legal protection in empowering MSMEs to realize economic welfare.
Fakultas Hukum, Universitas Diponegoro
2019-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/21981
Diponegoro Law Review; Vol 4, No 1 (2019): Diponegoro Law Review April 2019
eng
https://ejournal.undip.ac.id/index.php/dlr/article/download/21981/59324
Copyright (c) 2019 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/25339
2020-04-17T17:07:42Z
dlr:ART
"190930 2019 eng "
2527-4031
dc
STRENGTHENING FINANCIAL TECHNOLOGY REGULATION TO EMPOWERMENT FINANCIAL INCLUSIVE
Abubakar, Lastuti
Faculty of Law, Padjadjaran University https://scholar.google.co.id/citations?user=_U2NG-0AAAAJ&hl=en
Handayani, Tri
Faculty of Law, Padjadjaran University
Array
After the global crisis at 2008; Financial Inclusion became a focus in many international forums including developing countries and Indonesia. Refers to international best practice, the solution is made: the national financial inclusion strategies that conducted among other things such as launch a certain programs such as branchless banking and peer to peer lending are the solutions has made. One of the financial inclusive principles is technological innovation to expand public access using financial technology to reach financial systems. This research aims to study and analyze fintech regulation in Indonesia to empower the financial inclusive. Research method is used a normative juridical and descriptive analytics specification. Data has analyzed in a qualitative juridical. The results showed that Fintech has a role in broaden the access for community to financial systems so that it can be a tool for poverty alleviation and economic equality. Likewise, to strengthening and rearrange Fintech regulation is needed due to overcome the obstacles such as the misuse of personal data, the growth of shadow economy and consumer losses. Therefore, it is required a comprehensive regulation, cooperation between authorities and institutions in order that Fintech can be optimally empower the financial inclusion.
Fakultas Hukum, Universitas Diponegoro
2019-09-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/25339
Diponegoro Law Review; Vol 4, No 2 (2019): Diponegoro Law Review October 2019
eng
Copyright (c) 2019 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/29372
2020-10-31T07:48:09Z
dlr:ART
"201030 2020 eng "
2527-4031
dc
GREEN LOAN BANKS POLICY TO PROVIDE ENVIRONMENT FRIENDLY PROJECT
Handayani, Tri
Faculty of Law, Universitas Padjadjaran
Abubakar, Lastuti
Faculty of Law, Universitas Padjadjaran
Sukmadilaga, C.
Faculty of Economics and Business, Universitas Padjadjaran
Array
Banks have an important role in realizing SDGs, therefore the Bank must continue to develop its products and services to be directed towards sustainable economic activities and not too exploring resources. Based on The Appendix of the President Decree No. 59/2017 the Indonesian government directed the global target of economies inclusive regarding the participation of the financial services sector. The Banks will support the priority economic sectors development such as agriculture, processing industries, and infrastructure, Micro, Small, Medium Enterprises and Energy. Banks can participate by using a green loan policy. This research is a normative legal research, which focuses on examining the application of the rules or norms in positive law. The result is the Banks play a key role in society, banks have purpose to help develop sustainable economies and to empower people to build better futures. When banks will give a credit to those who have a business that has a direct impact to the environment, bank also can be offer a position as a manager of environmental recovery guarantee funds. In other side, Banks can provide green development, in a process of giving credit to the debtor; banks need to pay attention to the business legality of prospective debtors. Banks are required to ensure that prospective customers have a legal business and comply with all relevant laws and regulations.
Fakultas Hukum, Universitas Diponegoro
2020-10-30 23:35:33
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/29372
Diponegoro Law Review; Vol 5, No 2 (2020): Diponegoro Law Review October 2020
eng
Copyright (c) 2020 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/41631
2021-10-31T18:16:35Z
dlr:ART
"211031 2021 eng "
2527-4031
dc
ASSESSING FISHERY LEGISLATION FOR GENDER EQUALITY AND EMPOWERMENT IN FISHERY COMMUNITIES IN INDONESIA
Purwanti, Ani
Faculty of Law, Universitas Diponegoro https://scholar.google.co.id/citations?user=vbFAKQYAAAAJ&hl=id
Wijaningsih, Dyah
Faculty of Law, Universitas Diponegoro
Mahfud, Muh. Afif
Faculty of Law, Universitas Diponegoro
Setiawan, Fajar Ahmad
Faculty of Law, Universitas Diponegoro
Array
The research objective was to analyze the problem of fisherwomen empowerment and gender equality based on legal reviews in Indonesia. The research method used is normative legal studies. The results of the study found that there are discriminatory implications in Law Number 7 of 2016 concerning the Protection and Empowerment of Fishermen, Fish Farmers, and Salt Farmers or commonly referred to as the PEF Act (Protection and Empowerment of Fishermen) which is not in line with the empowerment of fisherwomen and is in conflict with gender equality. The findings make it clear that fisherwomen, unlike other economic actors in the fishing industry, are the most overlooked group rooted in socio-cultural prejudice. The PEF Act does not specifically recognize or even mandate any form of affirmative action for fisherwomen to gain equal access to protection and empowerment programs. This causes fisherwomen who have been culturally forcibly placed in households and away from the fishing industry. But instead, the PEF Act dwarfed the position of women as a mere secondary role in fishery households instead of the main breadwinner. Therefore, this study suggests that the government should make a strict amendment to the PEF Act. Namely recognizing gender equality in the role of fisherwomen and followed by reforming gender mainstreaming in the fisheries bureaucracy to accommodate fisherwomen's rights to access community empowerment programs for fishing communities.
Fakultas Hukum, Universitas Diponegoro
2021-10-31 17:43:39
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/41631
Diponegoro Law Review; Vol 6, No 2 (2021): Diponegoro Law Review October 2021
eng
Copyright (c) 2021 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/45317
2022-05-18T04:43:30Z
dlr:ART
"220428 2022 eng "
2527-4031
dc
NON-REFOULMENT PRINCIPLE AND PROHIBITION OF ENTRY FOR REFUGEES DUE TO THE COVID-19 PANDEMIC
Priyono, FX. Joko
Faculty of Law, Universitas Diponegoro
Putri, Audrey Kartika
Faculty of Law, Universitas Diponegoro
Array
The principle of non-refoulement has become jus cogens which obliges every country, both ratifying and not ratifying the 1951 Refugee Convention and the 1967 Protocol not to refuse refugees and asylum seekers to enter the territory of a country and not be returned to their country of origin because their lives will be threatened, persecuted. and tortured. The right to life is a right that cannot be reduced and must be protected and respected by everyone under any circumstances. The pandemic reason cannot be used as an excuse to refuse refugees and asylum seekers on the grounds of protecting the right to health for its citizens. Efforts to quarantine asylum seekers and refugees suspected of or affected by Covid-19/Omicron is a policy that is in accordance with human rights as well as according to the principle of non-refoulement.
Fakultas Hukum, Universitas Diponegoro
2022-04-28 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/45317
Diponegoro Law Review; Vol 7, No 1 (2022): Diponegoro Law Review April 2022
eng
Copyright (c) 2022 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/12212
2020-04-17T17:03:46Z
dlr:ART
"161007 2016 eng "
2527-4031
dc
CORPORATION CRIMINAL RESPONSIBILITY MODEL BASED ON RESTORATIVE JUSTICE APPROACH IN INDONESIA
Pujiyono, Pujiyono
Faculty of Law, Diponegoro University http://ejournal.undip.ac.id/index.php/dlr
Array
Based on delinquiry non-potes doctrine, perpetrator and criminal responsibility are done by human (natuurlijk persoonen). Modernity can not be avoided by the development of corporation function. A research is needed to be conducted to answer questions whether criminal law is effective to overcome corporate crime and which corporation criminal responsibility model that can keep the balance of the protection of society and corporation interests through restorative justice approach. This study focuses on finding a win-win solution model of corporation criminal responsibility policy to keep the balance of the protection of society and corporation interests. This study used normative juridical method based on the secondary data,. The result of this research shows that criminal law with its retributive approach and its action which focus on the perpetrator is ineffective to handle corporate crime, because it ignores the victim To overcome those problems, corporation criminal responsibility model based on restorative justice approach in the form of “dual track system selective” is introduced.
Keywords: Criminal Responsibility, Corporation and Restorative Justice
Fakultas Hukum, Universitas Diponegoro
2016-10-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/12212
Diponegoro Law Review; Vol 1, No 1 (2016): Diponegoro Law Review October 2016
eng
Copyright (c) 2016 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/41581
2023-08-23T05:24:11Z
dlr:ART
"230430 2023 eng "
2527-4031
dc
REFORMULATION OF CONSUMER PROTECTION LEGAL POLICIES IN THE DIGITAL BUSINESS ERA IN INDONESIA
Prabowo, Muchammad Shidqon
Faculty of Law, Universitas Wahid Hasyim
Sulistianingsih, Dewi
Faculty of Law, Universitas Negeri Semarang https://orcid.org/0000-0003-4152-0590
Array
This study discusses the Reformulation of Consumer Protection Legal Policies in the Digital Business Era in Indonesia. The purpose of this study is to understand and analyze the reformulation of consumer protection legal policies in the digital business era in Indonesia. The research method used is descriptive analytical method, normative juridical problem approach, primary and secondary legal materials. Descriptive data analysis qualitative deductive thinking. The result of the study is the current condition of consumer protection in Indonesia is measured through Law Number 8 of 1999 which regulates the behavior of business actors with the ultimate goal of providing protection to consumers. However, there are things that are considered so that this UUPK can be reformulated with the aim of perfecting the law. Consumers need to get protection not only from producers but also from the market place. These rules must be clear and firm so that consumers are truly protected.
Fakultas Hukum, Universitas Diponegoro
2023-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/41581
Diponegoro Law Review; Vol 8, No 1 (2023): Diponegoro Law Review April 2023
eng
Copyright (c) 2023 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/15335
2019-09-27T10:41:56Z
dlr:ART
"170428 2017 eng "
2527-4031
dc
MANAGEMENT, DISTRIBUTION, AND REDEMPTION OF VILLAGE FUND
Diamantina, Amalia
Faculty of Law, Diponegoro University
Array
One on the policies following the change of politics of law in village management is the allocation of Village Fund in the state budget. The management, distribution, and redemption of Village Fund, as well as the obstacles and how to overcome the problems were studied. The research method used was normative. The distribution and redemption arrangements of Village Fund were related to the coordination and communication of three Ministries, Regency / City and Village, village assistants, the requirements of administration and finance, and human resource capacity. The obstacles in the management, distribution, and redemption of Village Fund were that the requirements in the management and the coordination of distribution and redemption of Village Fund have not been met by villages and the villages lacked of preparation. It was overcome by the harmonization of legislation, improved coordination, acceleration of compliance, and increase in the capacity of village officials
Fakultas Hukum, Universitas Diponegoro
2017-04-28 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/15335
Diponegoro Law Review; Vol 2, No 1 (2017): Diponegoro Law Review April 2017
eng
Copyright (c) 2017 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/18171
2020-11-14T01:39:19Z
dlr:ART
"171030 2017 eng "
2527-4031
dc
THE PARENTAL RESPONSIBILITY CONCEPT IN REPLACING CRIMINAL RESPONSIBILITY OF CHILD TO PARENT (THE STUDY OF INDONESIAN TRIBES CULTURE IN LAMPUNG AND AGA BALINESE TRIBES)
Rozah, Umi
Faculty of Law, Diponegoro University https://scholar.google.co.id/citations?user=4HNjiDgAAAAJ&hl=id
Array
Crime is some action which declared that it should not be done by anyone, no matters adults, juveniles or child. Anyone should be punished if he/she has done any crime which harmed or injuried someone or violated social order, as that was formulated in an Act and threated by punishment. An interesting question here are : How is the roles of parents in liability for any crimes which done by her/his child? Why the parents should endure liabilities for any crime that he/she did not do it but just for child that may be they know nothing about that.
This written based on research which is performed in Lampung Tribe Society and Balinese Tribe Society. Law is a mirror of society become an entry poin to access and to understand how cultures both of Lampung and Balinese Tribes Society to solve any crime that was done by the child . Here, the author wrote based on the penal codes Cepalo Walu Ngepuluh which is prevailing in Lampung Tribes Culture and Kitab Manawa Dharmacastra which is applying at Balinese Tribes Culture.
This method research was performed by sociol legal research approach, that mixed socio research approach to search values of both tribes society behavior in resolve the matters or crimes which was done by juveniles in the one hand, and in the other hand this research used libraries approach to search any documents or any literatures that be related with how to resolve any crime was done by a juvenile.
This article is very interesting because in Indonesian Penal Codes did not impose parental responsibility for the child’s offence . So this article could be the way out to relocating the child’s criminal responsibility to his/her parents.
Fakultas Hukum, Universitas Diponegoro
2017-10-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/18171
Diponegoro Law Review; Vol 2, No 2 (2017): Diponegoro Law Review October 2017
eng
Copyright (c) 2017 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/21135
2020-04-17T17:05:47Z
dlr:ART
"181030 2018 eng "
2527-4031
dc
PENAL MEDIATION OF TREATMENTS FOR CHILDREN IN THE JUVENILE JUSTICE SYSTEM
Cahyaningtyas, Irma
Faculty of Law, Diponegoro University
Array
The protection of children becomes the responsibility of all parties, namely family, community and government. Indonesia through the Act No. 11 Year 2012 on Juvenile Justice System provides protection namely diversion which should be emphasized as a penal mediation which can be used to solve a juvenile cases. There are two main problems; firstly, how is the penal mediation process in the juvenile justice system; secondly, how is the implementation of the penal mediation which is based on Pancasila? The research method used in this paper was normative juridical research method. The approach used in this study is socio legal approach and the data analysis method used a qualitative analysis. The results that in penal mediation in the juvenile cases namely diversion aims to achieve restorative justice. The diversion process is very important and must involve the parties in order the mediation be effective. This process is what distinguishes from the treatments of juvenile’s cases before Act No. 11 Year 2012. In the previous times, penal mediation was not acknowledged so law enforcement procedure is always ends at Juvenile court. Penal mediation in juvenile justice system must be based on Pancasila as the philosophical foundation of Indonesia, which means diversion process must be in accordance with the values of Pancasila, which are are religious moral values; humanistic values; nationalistic values, democratic, and social justice.
Fakultas Hukum, Universitas Diponegoro
2018-10-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/21135
Diponegoro Law Review; Vol 3, No 2 (2018): Diponegoro Law Review October 2018
eng
Copyright (c) 2018 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/24882
2020-04-17T17:07:09Z
dlr:ART
"190930 2019 eng "
2527-4031
dc
THE LEGAL REFORM OF THE WAQF LAW RESOLUTION BASED ON PANCASILA
Islamiyati, Islamiyati
Faculty of Law, Diponegoro University
Rofiq, Ahmad
Walisongo State Islamic University
Setyowati, Ro’fah
Faculty of Law, Diponegoro University
Daengmuri, Dewi Padusi
Law Science Doctoral Program, Diponegoro University
Array
Nowadays, there are still some shortages in the rule of law of the waqf disputes resolution, therefore a lot of waqf disputes have not be solved, and moreover it has no justice value since it does not protect the rights of disputing parties. Why the legal renewal of waqf disputes resolution based on Pancasila is important? The urgency is as the media for the enforcement and the law enactment of the waqf dispute resolution based on Pancasila. This research is field research, and the approach method is juridical empirical. The result of the research is to explain that the legal reform of waqf dispute resolution is important because the waqf disputes always develope based on the socio-cultural development of the society. Besides, it also saves the waqf assets, gives the values of justice and certainty,makes the rule of the law not rigid and closed, can finish the waqf disputes, and makes waqf meaningful in the society. The legal reform of waqf disputes resolution which is based on Pancasila means making the policy that includes determining and deciding the rules of waqf dispute resolution, hence it will be suitable with the direction of national development based on Pancasila.
Fakultas Hukum, Universitas Diponegoro
2019-09-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/24882
Diponegoro Law Review; Vol 4, No 2 (2019): Diponegoro Law Review October 2019
eng
Copyright (c) 2019 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/28244
2020-04-30T23:41:50Z
dlr:ART
"200430 2020 eng "
2527-4031
dc
LAW ENFORCEMENT BASED ON THE ENVIRONMENT: SOLUTION OF LAND PROBLEMS AFTER TSUNAMI, LIQUEFACTION, AND EARTHQUAKE IN CENTRAL SULAWESI
Sulbadana, Sulbadana
Faculty of Law, Universitas Tadulako http://sinta2.ristekdikti.go.id/authors/detail?id=6060172&view=overview
Array
On September 28, 2018, there was a natural disaster in the form of Tsunami, Liquefaction, and Earthquake that struck Palu City. Sigi Regency and Donggala Regency, Central Sulawesi Province, in addition to damaging various infrastructures, the natural disaster also claimed lives that made the government have to issue a policy by setting red zones or areas that are not habitable. With the policy to determine the red zone, it will certainly cause problems related to the status of the land after being abandoned by the owner and until now there is no certainty related to what is the basis for the determination of the red zone by the government, there is no guarantee that the red zone is an uninhabitable area, giving rise to a polemic what if after being abandoned for a long time it turns out that nothing happened as feared in the red zone. The law is demanded to be present to answer the problem and provide solutions for all parties with a legal approach based on ecology and the values of natural balance.
Fakultas Hukum, Universitas Diponegoro
2020-04-30 18:06:48
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/28244
Diponegoro Law Review; Vol 5, No 1 (2020): Diponegoro Law Review April 2020
eng
Copyright (c) 2020 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/34472
2021-05-12T08:37:59Z
dlr:ART
"210430 2021 eng "
2527-4031
dc
LIMITATION OF RELIGIOUS FREEDOM IN RESPONSE TO COVID-19: FROM PUBLIC HEALTH REGULATIONS TO DISCRIMINATORY POLICIES
Widhiyanti, Hanif Nur
Faculty of Law, Universitas Brawijaya
Saraswati, Anak Agung Ayu Nanda
Faculty of Law, Universitas Brawijaya
Array
A number of regulations and policies implemented by some countries regarding the limitations of freedom to manifest religion or belief have been highly debated since the Covid-19 pandemic. Many argue such policies are discriminative and inconsistent with human rights law. Thus, this paper aims at analyzing the concept of human rights in the implementation of religion manifestation during the pandemic, and investigating how states implement policies according to the international human rights legal framework. This normative research which uses comparative and conceptual approach concludes that policies established by states in general can be legitimized on several conditions, among others for public health concerns. In addition, the proportionality and the non-discrimination principles need to be applied accordingly.
Fakultas Hukum, Universitas Diponegoro
2021-04-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/34472
Diponegoro Law Review; Vol 6, No 1 (2021): Diponegoro Law Review April 2021
eng
Copyright (c) 2021 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/43249
2022-05-18T04:42:26Z
dlr:ART
"220428 2022 eng "
2527-4031
dc
THE LEGAL POLICY OF CITIZENSHIP IN FULFILLING THE RIGHTS OF STATELESS PERSONS AS AN EFFORT TO FULFILL HUMAN RIGHTS IN INDONESIA
Pinilih, Sekar Anggun Gading
Faculty of Law, Universitas Diponegoro
Sulistyawan, Aditya Yuli
Faculty of Law, Universitas Diponegoro
Cahyaningtyas, Irma
Faculty of Law, Universitas Diponegoro
Prabandari, Adya Paramita
Faculty of Law, Universitas Diponegoro
Array
The issue of citizenship is one of the basic human needs, therefore citizenship status is a right for every citizen that is protected by law. The purpose of this study is to find out how the legal politics of Indonesia in the context of stateless person citizenship rights. This research is normative juridical research that uses a statute approach and a conceptual approach. Based on the results of the study, it was found that legal politics in the form of regulations regarding citizenship in Indonesia from time to time was sufficient to guarantee the rights of Indonesian citizens. However, the Indonesian Citizenship Law does not specifically regulate the stateless person. In addition, there is no policy regarding the granting of citizenship status to stateless persons, so many cases of stateless persons in Indonesia are detained by immigration authorities. Thus, the Indonesian government should emphasize its legal policy in order to optimize legal protection for stateless persons in Indonesia.
Fakultas Hukum, Universitas Diponegoro
2022-04-28 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/43249
Diponegoro Law Review; Vol 7, No 1 (2022): Diponegoro Law Review April 2022
eng
Copyright (c) 2022 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/12206
2020-04-17T17:03:03Z
dlr:ART
"161007 2016 eng "
2527-4031
dc
IMPACT OF SHADOW BANKING ACTIVITIES AS NON BANK INTERMEDIATION TOWARD REGULATORY DEVELOPMENTS IN FUNCTION CONTROL OF FINANCIAL SERVICES SECTOR IN INDONESIA
Abubakar, Lastuti
Faculty of Law,Padjajaran University http://ejournal.undip.ac.id/index.php/dlr
Sukmadilaga, C.
Faculty of Law,Padjajaran University
Handayani, Tri
Faculty of Law,Padjajaran University
Array
Based on the Global Shadow Banking Monitory Report 2015 issued by the Financial Stability Board, global shadow banking activities manage 80% of global GDP and 90% of the global financial system assets. Hence, this study aimed to examine the regulation and supervision of shadow banking activities in Indonesia. The method used is normative juridical with descriptive analytical research specifications. Based on the research results as follows : regulation of shadow banking in Indonesia's financial services sector covers all financial institutions outside the banking sector or Non-Bank Financial Institutions that the regulations are scattered in various rules. Indonesia has developed an integrated surveillance system for the entire financial services sector, include NBFIs. Development of shadow banking regulation will be based on the strengthening of reporting, monitoring, supervision and regulation.
Keywords : regulatory developments, shadow banking, and supervision
Fakultas Hukum, Universitas Diponegoro
2016-10-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/12206
Diponegoro Law Review; Vol 1, No 1 (2016): Diponegoro Law Review October 2016
eng
Copyright (c) 2016 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/37960
2022-12-19T01:56:21Z
dlr:ART
"221027 2022 eng "
2527-4031
dc
REGIONAL AUTONOMY IN THE POLITICAL SYSTEM AND AUTHORITY IN INDONESIA
Sabara, Abdul Rahman
Doctoral Study Program of Law, Universitas Katolik Parahyangan
Array
This article examines how the Regional Autonomy in the Political System and Authority in Indonesia. Political System and Authority in Indonesia greatly influence the implementation of the Regional Autonomy in Indonesia. When the Political System and Authority are more directed towards centralized control, the implementation of the Regional Autonomy will weaken, conversely when division of authority from the central government to the regions occurs, the Regional Autonomy should function according to the principle of decentralization. When the position of the Regional Autonomy strengthens, euphoria of the elites in the regions would emerge. With the increase of regional sentiment and ethnocentrism local kings and various other bad effects would also arise.The implementation of the Regional Autonomy should function optimally if the Political System and Authority work in equilibrium, when the central and regional elites have the same focus and orientation on the welfare and social justice for all people of Indonesia.
Fakultas Hukum, Universitas Diponegoro
2022-10-27 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/37960
Diponegoro Law Review; Vol 7, No 2 (2022): Diponegoro Law Review October 2022
eng
Copyright (c) 2022 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/15330
2019-09-27T10:41:56Z
dlr:ART
"170428 2017 eng "
2527-4031
dc
LEGAL RELATIONSHIP BETWEEN DOCTORS AND PATIENTS IN MEDICAL SERVICE EFFORTS
Astuti, Endang Kusuma
,Universitas Darul Ulum Islamic Center Sudirman
Array
The relationship between doctor and patient is not equal. The relationship between doctor and patient gave birth to the legal aspects of which object of inspanningsverbintenis is maximum efforts for the recovery / maintaining the health of patients which performed with caution based on the knowledge and experience of the doctor to seek recovery of the patient. Legal relationship between doctor and patient in medical care effort began when the patient filed a complaint which responded to by a doctor. Doctor’s responsibility in medical services efforts include ethical, professional, and legal responsibility, which covers doctor’s responsibility related to criminal law, civil law and administrative law
Fakultas Hukum, Universitas Diponegoro
2017-04-28 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/15330
Diponegoro Law Review; Vol 2, No 1 (2017): Diponegoro Law Review April 2017
eng
Copyright (c) 2017 Diponegoro Law Review
oai:ojs.ejournal.undip.ac.id:article/44534
2024-03-15T03:41:38Z
dlr:ART
"231031 2023 eng "
2527-4031
dc
SHOULD THE VIOLATORS OF MANDATORY COVID-19 VACCINATION BE PUNISHED IN INDONESIA?: HUMAN RIGHTS PERSPECTIVE
Zaid, Zaid
Institut Teknologi dan Bisnis Visi Nusantara Bogor http://orcid.org/0000-0002-4446-0397
Array
This study aims to explore the views of human rights regarding the mandatory COVID-19 vaccination policy in Indonesia and how the views related to the penalties imposed on violators of the mandatory COVID-19 vaccination. By utilizing normative methods and descriptive analysis based on secondary data, and using conceptual and legal approaches, this research ultimately found complexities in the mandatory vaccination policy, especially in COVID-19 cases. This is because there are different views, opposing interests, and pros and cons regarding its implementation and punishment. However, this study finds that the mandatory COVID-19 vaccination policy has legitimacy from a human rights perspective and the accompanying sanctions for violators. The reason to protect others by reducing transmission and the health threat has become a big reason and a solid justification behind it. On the other hand, human rights still do not approve of types of punishment that damage a person's physical health or cause mental or psychological harm and damage or reduce rights that cannot be reduced, such as fundamental rights.
Fakultas Hukum, Universitas Diponegoro
2023-10-31 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/dlr/article/view/44534
Diponegoro Law Review; Vol 8, No 2 (2023): Diponegoro Law Review October 2023
eng
Copyright (c) 2023 Diponegoro Law Review