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Diponegoro Law Review

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Published by Universitas Diponegoro

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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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UTILIZATION OF MEDIATION IN MEDICAL DISPUTE SETTLEMENT DURING COVID 19 PANDEMIC Anggraeni Endah Kusumaningrum
Diponegoro Law Review Vol 7, No 1 (2022): Diponegoro Law Review April 2022
Publisher : Fakultas Hukum, Universitas Diponegoro

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.

JURIDICAL ANALYSIS OF LOCAL GOVERNMENT AUTHORITY ON THE ESTABLISHMENT LOCAL REGULATIONS ECO-TOURISM DEVELOPMENT Luh Putu Sudini; Made Wiryani
Diponegoro Law Review Vol 7, No 1 (2022): Diponegoro Law Review April 2022
Publisher : Fakultas Hukum, Universitas Diponegoro

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.

METHOD AND PRINCIPLE OF MARITIME BOUNDARY DELIMITATION BETWEEN STATES WITH OPPOSITE OR ADJACENT COASTS (CASE OF INDONESIA AND TIMOR-LESTE) Jaya, Belardo Prasetya Mega; Cahyani, Ferina Ardhi; Idris, Idris; Permata, Rika Ratna
Diponegoro Law Review Vol 7, No 1 (2022): Diponegoro Law Review April 2022
Publisher : Fakultas Hukum, Universitas Diponegoro

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.

COMPENSATION SYSTEM OF WAQF LAND ACQUIRED FOR DEVELOPING PUBLIC INTEREST Rofi Wahanisa; Suhadi Suhadi; Aprila Niravita
Diponegoro Law Review Vol 7, No 1 (2022): Diponegoro Law Review April 2022
Publisher : Fakultas Hukum, Universitas Diponegoro

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.

BETWEEN LEGAL RISK AND SHARIA RISK IN ISLAMIC BANKING: HOW SHARIAH GOVERNANCE ADDRESS THE PROBLEM Iffah Karimah
Diponegoro Law Review Vol 7, No 1 (2022): Diponegoro Law Review April 2022
Publisher : Fakultas Hukum, Universitas Diponegoro

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.

COPYRIGHT ISSUE ON MUSIC BACK SOUND USAGE ON YOUTUBE VIDEO Normalita Destyarini; Idha Pratiwi Dyah Sinta Dewi; Ravina Savitri; Alifah Nur Fitriana Naridha
Diponegoro Law Review Vol 7, No 1 (2022): Diponegoro Law Review April 2022
Publisher : Fakultas Hukum, Universitas Diponegoro

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.

THE CONSTITUTIONAL INTERPRETATION OF WOMEN'S POLITICAL RIGHTS Tanto Lailam; Nita Andrianti
Diponegoro Law Review Vol 7, No 2 (2022): Diponegoro Law Review October 2022
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.7.2.2022.173-191

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.

STATE RESPONSIBILITY FOR IMPLEMENTING LARGE-SCALE SOCIAL RESTRICTIONS TO COMMUNITIES AFFECTED BY COVID-19 IN SURABAYA CITY Hezron Sabar Rotua Tinambunan; Hananto Widodo; Elisabeth Septin Puspoayu; Eliza Tiurmaida; Zefanya Annabella
Diponegoro Law Review Vol 7, No 2 (2022): Diponegoro Law Review October 2022
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.7.2.2022.279-295

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.

THE LEGALITY OF DOCUMENTS NEGLIGENTLY AFFIXED WITH FORGED STAMPS Benny Djaja
Diponegoro Law Review Vol 7, No 2 (2022): Diponegoro Law Review October 2022
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.7.2.2022.192-211

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).

REGIONAL AUTONOMY IN THE POLITICAL SYSTEM AND AUTHORITY IN INDONESIA Abdul Rahman Sabara
Diponegoro Law Review Vol 7, No 2 (2022): Diponegoro Law Review October 2022
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.7.2.2022.296-311

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.

Page 13 of 19 | Total Record : 185

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