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Diponegoro Law Review

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Published by Universitas Diponegoro

ISSN : - EISSN : 25274031 DOI : -

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Diponegoro Law Review (Diponegoro Law Rev. - DILREV) is a peer-reviewed journal published by Faculty of Law, Diponegoro University. DILREV published two times a year in April and October. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge.

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Articles 185 Documents

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DOUBLE TRACK CRIMINAL SYSTEM OF INDONESIA: CRIMINAL SANCTION AND CHEMICAL CASTRATION TREATMENT POLICY ON PEDHOFILIA? Appludnopsanji Appludnopsanji; Ani Purwanti
Diponegoro Law Review Vol 6, No 1 (2021): Diponegoro Law Review April 2021
Publisher : Fakultas Hukum, Universitas Diponegoro

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.

EXECUTION MECHANISM OF MORTGAGE RIGHTS USING EXECUTORIAL TITLE IN SHARIA BANKING IS WHOSE AUTHORITY? Afif Noor; Bagas Heradhyaksa
Diponegoro Law Review Vol 5, No 2 (2020): Diponegoro Law Review October 2020
Publisher : Fakultas Hukum, Universitas Diponegoro

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.

LEGITIMIZATION OF JERUSALEM EMBASSY ACT ACCORDING TO INTERNATIONAL LAW Riktin Noviani; Garry Gumelar Pratama
Diponegoro Law Review Vol 6, No 1 (2021): Diponegoro Law Review April 2021
Publisher : Fakultas Hukum, Universitas Diponegoro

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.

EFFORTS TO PROTECT CONSUMER’S SPIRITUAL RIGHTS IN ORGANIZING ISLAMIC MICROFINANCE INSTITUTIONS IN INDONESIA Hari Sutra Disemadi; Ayup Suran Ningsih
Diponegoro Law Review Vol 5, No 2 (2020): Diponegoro Law Review October 2020
Publisher : Fakultas Hukum, Universitas Diponegoro

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.

A MODEL OF ISLAMIC PUBLIC FINANCE IN MALAYSIA’S CONSTITUTION Abdul Ghafar Ismail
Diponegoro Law Review Vol 6, No 1 (2021): Diponegoro Law Review April 2021
Publisher : Fakultas Hukum, Universitas Diponegoro

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.

INTEGRATED POLICY MANAGEMENT OF NARCOTICS TRAFFICKING AS TRANSNATIONAL ORGANIZED CRIME IN INDONESIA Joko Setiyono
Diponegoro Law Review Vol 5, No 2 (2020): Diponegoro Law Review October 2020
Publisher : Fakultas Hukum, Universitas Diponegoro

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.

POLICY OF LIMITATION OF MARRIAGE MINIMUM AGE ON MARRIAGE LAW REVISION BASED ON SOCIOLOGICAL AND ANTHROPOLOGICAL APPROACHES Robiatul Adawiyah; Esmi Warassih Pudjirahayu
Diponegoro Law Review Vol 6, No 1 (2021): Diponegoro Law Review April 2021
Publisher : Fakultas Hukum, Universitas Diponegoro

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.

INDONESIAN DEATH PENALTY: SEEN FROM THE CONCEPT BASED ON HUMAN RIGHTS Muhammad Andy Hakim; Joko Setiyono
Diponegoro Law Review Vol 5, No 2 (2020): Diponegoro Law Review October 2020
Publisher : Fakultas Hukum, Universitas Diponegoro

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.

THE POSITION OF MORAL VALUES IN LAW Dian Latifiani; Raden Muhammad Arvy Ilyasa
Diponegoro Law Review Vol 6, No 1 (2021): Diponegoro Law Review April 2021
Publisher : Fakultas Hukum, Universitas Diponegoro

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.

INDONESIAN FINTECH: BUSINESS ECOSYSTEM AND REGULATION Sugeng Sugeng; Clara Ignatia Tobing; Rona Fajarwati
Diponegoro Law Review Vol 5, No 2 (2020): Diponegoro Law Review October 2020
Publisher : Fakultas Hukum, Universitas Diponegoro

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.

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