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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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PROSECUTING RAPE ATROCITIES IN TIGRAY: SHOULD INTERNATIONAL CRIMINAL COURT TAKE OVER THE CASE? Made Ananda Bella Cahyani; I Made Budi Arsika
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.8.1.2023.41-58

Abstract

Thousands of women in Tigray have experienced massive atrocities of rape since early November 2020, the beginning of the wage of war between the Tigray People’s Liberation Front and the Ethiopian Government. This article examines rape in Tigray as a war crime and analyzes the prospect of holding perpetrators criminally responsible before the International Criminal Court (ICC). This paper is legal research using the statutory, case, fact, and conceptual approaches. The result suggested that there exist war crimes of rape in Tigray. In order to achieve justice for the victims and the sake of a sense of the humanity of people over the world, the case must be tried before an impartial and reliable court, which in this regard, is the ICC. Facts that both Ethiopia and Eritrea are not state parties of the Rome Statute of the ICC do not prevent the case from being prosecuted before the ICC. The most potential means is that international society urges the United Nations Security Council to refer the present case before the ICC to hold the perpetrators criminally responsible.
SAFEGUARDING CONSUMER RIGHTS: ENHANCING LEGAL PROTECTION AGAINST UNLABELED FOOD PRODUCTS Palmawati Tahir; Dwi Andayani Budisetyowati; Ani Purwanti; Evis Garunja
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.8.1.2023.59-75

Abstract

This article addresses the deficient regulations that fail to prioritize consumer interests, resulting in inadequate consumer rights protection. As a result, an abundance of food products disregards labeling requirements in the community. This research seeks to identify remedies and legal safeguards to protect consumers from the dangers of unlabeled food products. The study uses a normative legal research methodology to focus predominantly on a literature review. The data sources include both primary and secondary legal scholarship. The study's findings indicate that the current legal protection for consumers against unlabeled food products needs to be improved. In addition, the supervision of circulating food products intended to protect consumers has yet to be implemented effectively.
VILLAGE DEPENDENCY TO LOCAL GOVERNMENTS IN THE VILLAGE HEAD POSITION FILLING ACCORDING TO VILLAGE LAW Amalia Diamantina; Fajar Ahmad Setiawan
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.8.1.2023.93-106

Abstract

The election of village heads in Indonesia is implementation of democracy and people's sovereignty in Indonesia. However, in practice, the Village Head Election is still very dependent on Regency / City Government. The aim of the study is to analyze the dependency of the Village Head filling on the Regency/City Government and the involvement of the Regency/City Regional Government in filling the position of Village Head. This study uses a normative juridical research method using a dogmatic legal approach and secondary data as the source. The results of the study indicate that the involvement of the Regency/City Government in filling the position of Village Head is the result of the concept of division of power, which is a territorial division of power adopted by the Unitary State of the Republic of Indonesia. As a result, the Regency/City Regional Government has a relatively large portion of involvement in filling the Village Head positions as regulated by applicable laws and regulations. This is what should be reduced for the sake of village development in Indonesia.
IMPLEMENTATION OF SIMPLE, FAST AND LOW-COST PRINCIPLES IN E-SUMMONS WITH THE E-COURT SYSTEM Dian Latifiani; Yusriyadi Yusriyadi; Agus Sarono; Esmi Warassih Pudjirahayu; Suryo Adi Widigdo; Nur Arif Nugraha
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.8.1.2023.107-123

Abstract

Courts are expected to provide various advantages, namely speed, consistency, accuracy, and reliability. The judiciary in Indonesia adheres to a simple, fast, and low-cost trial. The reality in Indonesia is that case resolution is long-winded, expensive, and inefficient. The existence of technological developments brings benefits, especially in the world of justice where the judicial system that was originally based on conventional has shifted to an electronic-based justice system from then a new problem arose. E-Summon, which should make it easier to call parties, does not apply to people who are not familiar with technology. E-Summon is considered ineffective because the e-court system sometimes has errors and is considered long-winded because justice seekers who are not yet technologically savvy are required to have an email, be able to operate it, and must be ready if they get a call. This study examines how to optimize the E-Summons feature in realizing a simple, fast, and inexpensive E-Summons system. settlement of civil cases. The results show that the implementation of E-Summons has not been able to run optimally. The not yet optimal implementation of E-Summons is caused by the legal culture of the community that has not been able to accommodate the implementation of E-Summons. The legal culture of the people who are not used to operating e-mail and the lack of openness of technological insight which is the main capital in the implementation of E-Summons, the implementation of E-Summons has not run optimally.
IMPROVEMENT OF SUBSTANTIVE PROVISIONS OF THE VALIDITY OF AGREEMENT IN THE INDONESIAN CIVIL CODE Natasya Yunita Sugiastuti; Dian Purnamasari
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.8.1.2023.124-140

Abstract

The legal effect of non-fulfillment of the requirement for the validity of the agreement is that the existence of such agreement is not recognized, cancellation can be requested or it can be declared null and void. Due to the significance of such legal requirements and consequences for the validity of the agreement, it is in need of analysis. With the emergence of the idea of reforming national contract law, this research intends to provide some thoughts for the improvement of the national law of obligations, particularly with regard to the validity of the agreement. These reflections are results of the study regarding to contract validity as regulated under Nieuw Burgerlijk Wetboek. This is normative legal research; with the legislative, conceptual, and comparative law approach, the data used is in the form of secondary data, obtained through a literature review. Based on the results of the study, several recommendations are being put forward for the improvement of the national law of obligations, both with regard to the subjects entering into agreement (provisions concerning consent and capacity) as well as recommendations with regard to the object of agreement (provisions concerning certain things and the contents of agreement).
LEGAL CONSIDERATION TOWARDS ECO-TERRORISM AS A NEW FORM OF THE ENVIRONMENTAL LAW CRIME AND TORTS Rahandy Rizki Prananda; Pulung Widhi Hari Hananto; Muhammad Dzaki Ramadhan; Grandson Tamaro Simanjuntak; Haniff Ahamat
Diponegoro Law Review Vol 8, No 2 (2023): Diponegoro Law Review October 2023
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.8.2.2023.287-300

Abstract

The global climate action movement has gained diverse support, leading to the rise of both activists and extremists. Eco-terrorism has grown significantly and cause property damage and financial losses over two decades ago. This action concern to further environmental protection through destructive actions. However, glorifying any heroic action often leads to unintended consequences, including harm to certain subject’s property right and environmental damage. This study employs qualitative research with comparative approach to investigate the impacts of eco-terrorism and the evolution of laws addressing this issue at both national and international levels. Additionally, this research intent to examine the consequences of eco-terrorism and consider to put it into a novel form of environmental crime and torts. The research found that current international regulations, such as the United Nations World Charter for Nature and the United Nations Convention on the Law of the Sea, which indirectly address eco-terrorism but lack specificity.  several countries use general provision to handle eco-terrorism regarding violation against civil rights. Even though existing rules able to manage some aspect of eco-terrorism, the new form and adaptive law need to be arranged against this issue in future.
PARTICIPATION OF WOMEN IN SHAPING INTERNATIONAL LAW: A MANISFESTATION OF WOMEN CIVIL AND POLITICAL RIGHTS Zunnuraeni Zunnuraeni; Erlies Septiana Nurbani; Aisyah Wardatul Jannah
Diponegoro Law Review Vol 8, No 2 (2023): Diponegoro Law Review October 2023
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.8.2.2023.209-225

Abstract

This article discusses about the participation of women in the creation of international human rights law through international conventions and court decisions. It evaluates whether existing international instruments effectively ensure equality between men and women in civil and political rights. This is a qualitative research with historical and conceptual approaches. This research reveals that woman involvement remains limited due to gender bias and male-dominated norms. This male dominance has resulted in human rights rules that provide formal equality but fail to significantly impact the substantive fulfillment of women's civil and political rights. This needs transformation towards gender-responsive international law, emphasizing the need for reformulation and reinterpretation of international norms, greater inclusion of women as state delegates in the law-making process, and achieving gender parity in international courts. This transformation is essential for ensuring that international law genuinely reflects and addresses the social and economic conditions of women, moving beyond mere formal equality to substantive equality. It is in need a more inclusive and effective approach to international law that truly embodies gender equality in civil and political rights.
ADAT NATIONAL PARK AS LEGAL POLITICS OF LIVING SPACE OF ANAK DALAM TRIBE Erwin, Muhamad; Yusriyadi, Yusriyadi
Diponegoro Law Review Vol 9, No 1 (2024): Diponegoro Law Review April 2024
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.9.1.2024.87-103

Abstract

The Anak Dalam Tribe in Bukit Dua Belas National Park faces significant challenges due to conflicting paradigms between state control over national parks and customary land rights which sacrifice the interest of Anak Dalam Tribe. This study underscores the urgent need for a shift in the conservation legal paradigm to safeguard the tribe's living space. Employing a non-doctrinal research method, it examines law as a social reality within the tribe's habitat. The findings advocate for a new conservation model termed "Adat National Park." This model integrates traditional, environmentally friendly practices in collaboration with the National Park Authority. Such an approach aims to harmonize state conservation efforts with indigenous land rights, ensuring the tribe's active participation in management and the preservation of their cultural and ecological heritage. By adopting this model, it is possible to create a balanced and sustainable conservation strategy that respects both state interests and the rights as well as traditions of the Anak Dalam Tribe.
ONE-PERSON LIMITED LIABILITY COMPANY: CONSIDERING COMPANY’S ORGAN GOVERNANCE OF THE INDONESIAN LEGAL ENTITIES FOR MICRO AND SMALL ENTERPRISES Kholifah, Ayu; Kurniawan, Shelly
Diponegoro Law Review Vol 9, No 1 (2024): Diponegoro Law Review April 2024
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.9.1.2024.1-18

Abstract

The government continues to strive to improve the ease of doing business, one of which is legitimizing the existence of a new entity intended for micro and small enterprises (MSEs). The entity is a One-Person Limited Liability Company, which is familiar for particular countries with higher ease of doing business than Indonesia. However, this new business form for MSEs is unique and has different characteristics from other countries. The new regulation restricts the founder and shareholders, who can only be natural persons and cannot be more than one. The problem is that the law obscurity of the company's organ emerges not following previous regulations because there is no obligation to have supervisory bodies on it. Being the only different entity can be an advantage, but it can also be a rash act. This normative legal research uses the comparative law method to identify problems in statutory regulation. The result shows a legal vacuum in the new regulation of Indonesian one-person companies’ organs, whether they should implement the one-tier board or have the option to adopt the two-tier board system. The thing to consider is supervisory bodies should remain within an entity with limited liability regardless of its system.
THE SHARIA COMPLIANCE OF SECURITIES CROWDFUNDING: A CASE STUDY ON SME Wardah Yuspin; Iramadya Dyah Marjanah; Arief Budiono; Jompon Pitaksantayothin
Diponegoro Law Review Vol 8, No 2 (2023): Diponegoro Law Review October 2023
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.8.2.2023.226-242

Abstract

The growth and development of Small Medium Enterprises (SME) have various challenges that must be overcome. Financing is one of the most challenging issues to be funded. Traditional finance is a funding instrument that is somewhat difficult to penetrate for SME as they are not yet bankable and are in the stage of business initiation. This is resolved by the stipulation of POJK regulation Number 37/POJK.04/2018 which was amended to POJK Number 16/POJK.04/2021 and becomes alternative funding for SME in Indonesia. This study uses emipirical research method with a qualitatif study approach. Primary data was obtained based on interviews and secondary data using desk research. There are two products issued by Securities Crowdfunding Sharia: Shares and Sukuk. These two products must fulfill the requirements of sharia principles, which should not incorporate with syariah compliance. The result of this research is that the products in SCF Syariah do not violate Sharia Compliance. Four categories have been analyzed, and the results show that they do not contain four categories that violate Sharia Compliance.

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