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<![CDATA[TRANSPARENCY INFORMED CONSENT RELATED TO PATIENT DISHONESTY AMID COVID-19 PANDEMIC IN INDONESIA: IN LAW PERSPECTIVE ]]>
<![CDATA[Tiwuk Herawati]]>;
<![CDATA[Fifik Wiryani]]>;
<![CDATA[M. Nasser]]>;
<![CDATA[Mokhammad Najih]]>
<![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.6.2.2021.279-288
<![CDATA[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.]]>
<![CDATA[KNOWING COMPANY SECRETS THROUGH EMPLOYEE POSTS ON SOCIAL MEDIA ]]>
<![CDATA[Suwinto Johan]]>
<![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.6.2.2021.203-216
<![CDATA[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.]]>
<![CDATA[MARRIAGE UNDER AGE AND THEIR EFFECT ON THE RATE OF DIVORCE IN ROKAN HILIR DISTRICT ]]>
<![CDATA[Mardalena Hanifah]]>
<![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.6.2.2021.289-303
<![CDATA[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.]]>
<![CDATA[SAFEGUARD RE-INVESTIGATION BY MADAGASCAR GOVERNMENT ON PASTA PRODUCTS FROM INDONESIA BASED ON GATT/WTO FRAMEWORK ]]>
<![CDATA[Tirza Gracia Shekinah Hutagaol]]>;
<![CDATA[FX. Joko Priyono]]>;
<![CDATA[Nanik Trihastuti]]>
<![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.6.2.2021.217-230
<![CDATA[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.]]>
<![CDATA[THE EUROPEAN UNION DISTINCTIVENESS: A CONCEPT OF THE RULE OF LAW ]]>
<![CDATA[Adnan Mahmutovic]]>;
<![CDATA[Helza Nova Lita]]>
<![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.6.2.2021.157-171
<![CDATA[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.]]>
<![CDATA[INTERPRETATION OF OPEN LEGAL POLICY BY THE CONSTITUTIONAL JUDGES IN JUDICIAL REVIEW OF PARLIAMENTARY THRESHOLDS ]]>
<![CDATA[Sholahuddin Al-Fatih]]>
<![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.6.2.2021.231-246
<![CDATA[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.]]>
<![CDATA[NON-REFOULMENT PRINCIPLE AND PROHIBITION OF ENTRY FOR REFUGEES DUE TO THE COVID-19 PANDEMIC ]]>
<![CDATA[FX. Joko Priyono]]>;
<![CDATA[Audrey Kartika Putri]]>
<![CDATA[ Diponegoro Law Review Vol 7, No 1 (2022): Diponegoro Law Review April 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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DOI: 10.14710/dilrev.7.1.2022.106-120
<![CDATA[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.]]>
<![CDATA[THE LEGAL POLICY OF CITIZENSHIP IN FULFILLING THE RIGHTS OF STATELESS PERSONS AS AN EFFORT TO FULFILL HUMAN RIGHTS IN INDONESIA ]]>
<![CDATA[Sekar Anggun Gading Pinilih]]>;
<![CDATA[Aditya Yuli Sulistyawan]]>;
<![CDATA[Irma Cahyaningtyas]]>;
<![CDATA[Adya Paramita Prabandari]]>
<![CDATA[ Diponegoro Law Review Vol 7, No 1 (2022): Diponegoro Law Review April 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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DOI: 10.14710/dilrev.7.1.2022.17-33
<![CDATA[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.]]>
<![CDATA[THE PATTERN AND TREND OF FATWA RELATED TO HALAL CONSUMPTION LAW IN NEGARA BRUNEI DARUSSALAM: ANALYZING HISTORICAL DATA OF PREVIOUS FATWAS ISSUED ]]>
<![CDATA[Nurdeng Deuraseh]]>;
<![CDATA[Raihana Mohd Raffi]]>;
<![CDATA[Amalina Roslan]]>;
<![CDATA[Rahmadi Indra Tektona]]>
<![CDATA[ Diponegoro Law Review Vol 7, No 1 (2022): Diponegoro Law Review April 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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DOI: 10.14710/dilrev.7.1.2022.121-137
<![CDATA[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.]]>
<![CDATA[THE URGENCY OF ELECTRONIC KNOW YOUR CUSTOMER (E-KYC): HOW ELECTRONIC CUSTOMER IDENTIFICATION WORKS TO PREVENT MONEY LAUNDERING IN THE FINTECH INDUSTRY ]]>
<![CDATA[Ahmad Ghozi]]>
<![CDATA[ Diponegoro Law Review Vol 7, No 1 (2022): Diponegoro Law Review April 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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DOI: 10.14710/dilrev.7.1.2022.34-52
<![CDATA[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.]]>
