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Diponegoro Law Review
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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THE EXISTENCE OF PANCASILA IN RESOLVING CONFLICTS OF DIFFERING VIEWS ON RELIGIOUS RIGHTS IN INDONESIA Herlindah Herlindah; Indah Dwi Qurbani; Dorra Prisilia
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.7.2.2022.212-229

Abstract

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.
LEGAL POLICY ON ECO-PARTNERSHIPS TO ACHIEVE SUSTAINABLE DEVELOPMENT Absori Absori; Mohammad Indra Bangsawan; Arief Budiono; Hari Sutra Disemadi
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.7.2.2022.312-327

Abstract

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).
SHIFTING THE ROLE OF MEDIATION IN ISLAMIC INHERITANCE DISPUTES: AN OVERVIEW OF ISLAMIC LEGAL PHILOSOPHY Adi Nur Rohman
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.7.2.2022.230-244

Abstract

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.
CUSTOMARY LAW OF THE FOREST IN NORTH ACEH REGENCY Yulia Yulia; Herinawati Herinawati
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.7.2.2022.328-343

Abstract

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.
EXISTENCE AND CHARACTERISTICS OF SOLE PROPRIETORSHIP IN INDONESIA Aliza Madina Putri; Paramita Prananingtyas
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.7.2.2022.245-261

Abstract

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.
LEGAL ANALYSIS OF CRYPTO INVESTMENT IN ERA 4.0 VIEW FROM CREDO THEORY Dedah Jubaedah; Hisam Ahyani; Haris Maiza Putra; Armelia Prakasa; Naeli Mutmainah
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.7.2.2022.262-278

Abstract

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.
JUDGES PERSPECTIVE ON THE THIRD TALAK IMPOSED OUTSIDE OF COURT SESSION Nur Rofiq; Ro’fah Setyowati; Meydora Cahya Nugrahenti; Wahyu Prabowo; Ahmad Asroni; Halisma Amili; Taufik Setyaudin; Musthafa Musthafa
Diponegoro Law Review Vol 8, No 1 (2023): Diponegoro Law Review April 2023
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.8.1.2023.76-92

Abstract

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.
DISTRIBUTION OF ZAKAT FOR CORRECTIONAL INMATES AS AZNAF RIQAB AT BAZNAS OF BARRU DISTRICT Zainuddin Zainuddin; Salle Salle
Diponegoro Law Review Vol 8, No 1 (2023): Diponegoro Law Review April 2023
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.8.1.2023.1-13

Abstract

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.
REFORMULATION OF CONSUMER PROTECTION LEGAL POLICIES IN THE DIGITAL BUSINESS ERA IN INDONESIA Muchammad Shidqon Prabowo; Dewi Sulistianingsih
Diponegoro Law Review Vol 8, No 1 (2023): Diponegoro Law Review April 2023
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.8.1.2023.14-24

Abstract

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.
RIGHTS AND DUTIES OF FOREIGN SHIPS TO INDONESIAN ARCHIPELAGIC SEA LANES PASSAGE St Fatmawati L; Rifkah Anniza Rahman; Nadya Khaeriyah Yusran
Diponegoro Law Review Vol 8, No 1 (2023): Diponegoro Law Review April 2023
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.8.1.2023.25-40

Abstract

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.

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