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<![CDATA[PAKISTAN-INDIA CONFLICT AND THE RIGHT OF SELF-DETERMINATION OF KASHMIR ]]>
<![CDATA[Yordan Gunawan]]>;
<![CDATA[Desi Nur Cahya Kusuma Putri]]>;
<![CDATA[Ravenska Marchdiva Sienda]]>;
<![CDATA[Sigit Rosidi]]>;
<![CDATA[Ami Cintia Melinda]]>
<![CDATA[ Diponegoro Law Review Vol 6, No 1 (2021): Diponegoro Law Review April 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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DOI: 10.14710/dilrev.6.1.2021.139-156
<![CDATA[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.]]>
<![CDATA[THE RECONSTRUCTION OF POLICY RELATED TO THE OPTIMISATION ON NATIONAL SOCIAL SECURITY PUBLIC MEMBERSHIP ]]>
<![CDATA[Nabitatus Sa'adah]]>
<![CDATA[ Diponegoro Law Review Vol 5, No 2 (2020): Diponegoro Law Review October 2020 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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DOI: 10.14710/dilrev.5.2.2020.200-214
<![CDATA[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.]]>
<![CDATA[THE LEGAL ISSUES OF CASH WAQF IN CENTRAL JAVA, INDONESIA ]]>
<![CDATA[Islamiyati Islamiyati]]>;
<![CDATA[Dewi Hendrawati]]>;
<![CDATA[Aisyah Ayu Musyafah]]>
<![CDATA[ Diponegoro Law Review Vol 6, No 1 (2021): Diponegoro Law Review April 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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DOI: 10.14710/dilrev.6.1.2021.62-77
<![CDATA[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.]]>
<![CDATA[APPLICABLE LIMITATIONS ON THE CRIMINAL CODE BASED ON THE 1945 CONSTITUTION, LAW NO. 1 OF 1946 AND THE GOVERNMENT REGULATION NO. 2 OF 1945 ]]>
<![CDATA[Ade Adhari]]>;
<![CDATA[Tundjung Herning SB]]>
<![CDATA[ Diponegoro Law Review Vol 5, No 2 (2020): Diponegoro Law Review October 2020 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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DOI: 10.14710/dilrev.5.2.2020.296-312
<![CDATA[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.]]>
<![CDATA[GREEN LOAN BANKS POLICY TO PROVIDE ENVIRONMENT FRIENDLY PROJECT ]]>
<![CDATA[Tri Handayani]]>;
<![CDATA[Lastuti Abubakar]]>;
<![CDATA[C. Sukmadilaga]]>
<![CDATA[ Diponegoro Law Review Vol 5, No 2 (2020): Diponegoro Law Review October 2020 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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DOI: 10.14710/dilrev.5.2.2020.215-230
<![CDATA[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. ]]>
<![CDATA[LIMITATION OF RELIGIOUS FREEDOM IN RESPONSE TO COVID-19: FROM PUBLIC HEALTH REGULATIONS TO DISCRIMINATORY POLICIES ]]>
<![CDATA[Hanif Nur Widhiyanti]]>;
<![CDATA[Anak Agung Ayu Nanda Saraswati]]>
<![CDATA[ Diponegoro Law Review Vol 6, No 1 (2021): Diponegoro Law Review April 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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DOI: 10.14710/dilrev.6.1.2021.78-95
<![CDATA[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.]]>
<![CDATA[INCONSISTENCIES IN ICSID AWARDS ON DISPUTES RELATED TO MFN AND UMBRELLA CLAUSE ]]>
<![CDATA[Herliana Herliana]]>
<![CDATA[ Diponegoro Law Review Vol 6, No 2 (2021): Diponegoro Law Review October 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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DOI: 10.14710/dilrev.6.2.2021.247-264
<![CDATA[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.]]>
<![CDATA[ASSESSING FISHERY LEGISLATION FOR GENDER EQUALITY AND EMPOWERMENT IN FISHERY COMMUNITIES IN INDONESIA ]]>
<![CDATA[Ani Purwanti]]>;
<![CDATA[Dyah Wijaningsih]]>;
<![CDATA[Muh. Afif Mahfud]]>;
<![CDATA[Fajar Ahmad Setiawan]]>
<![CDATA[ Diponegoro Law Review Vol 6, No 2 (2021): Diponegoro Law Review October 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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DOI: 10.14710/dilrev.6.2.2021.172-190
<![CDATA[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.]]>
<![CDATA[CRITICAL EXAMINATION ON THE MECHANISM OF APPLICATION SUBMISSION FOR LEGAL ASSISTANCE BUDGETING IN INDUSTRIAL RELATION DISPUTES ]]>
<![CDATA[Agisa Tri Handias]]>;
<![CDATA[Nabitatus Sa'adah]]>
<![CDATA[ Diponegoro Law Review Vol 6, No 2 (2021): Diponegoro Law Review October 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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DOI: 10.14710/dilrev.6.2.2021.265-278
<![CDATA[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.]]>
<![CDATA[SPACE-CENTRIC CONCEPT TO ANSWER TOMORROW SPACE CHALLENGE: A SMALL STEP FOR FUTURE SPACE LAW ]]>
<![CDATA[Taufik Rachmat Nugraha]]>
<![CDATA[ Diponegoro Law Review Vol 6, No 2 (2021): Diponegoro Law Review October 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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DOI: 10.14710/dilrev.6.2.2021.191-202
<![CDATA[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.]]>
