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Diponegoro Law Review
Published by Universitas Diponegoro
ISSN : -     EISSN : 25274031     DOI : -
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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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SECURING PERSONAL DATA IN E-KYC: VITAL FOR DIGITAL ECONOMY GROWTH Fitriyanti, Fadia; Devty, Stephanie; Putri, Syahmilian; Thora, Reyhan Edgarda
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.9.1.2024.104-120

Abstract

As the world enters the era of Industrial Revolution 4.0, Indonesia's creative industry has tremendous potential for economic growth. During this transformation, the digital economy of financial services, such as e-KYC (electronic Know Your Customer), has emerged as a crucial element for authenticating banking and financial technology customers. To safeguard consumer data, e-KYC procedures typically employ electronic methods, such as facial recognition and biometric scanning. In addition to qualitative analysis and secondary data, this research employs legal methodology to evaluate the protection of consumers’ personal dataThis study also aims to better understand the impact of the Personal Data Protection Law on the e-KYC process and its function in driving the growth of the digital economy. This study contributes to a deeper understanding of Indonesia’s evolving digital landscape and economic outlook by emphasizing the legal framework governing consumer data protection. The results of this study indicate that customer personal data in the implementation of e-KYC are already protected by the newly enacted Personal Data Protection Law No. 27 of 2022.
DESIGN ELEMENTS AND RISKS OF CENTRAL BANK DIGITAL CURRENCY IN TAILORING A PRUDENT ‘RUPIAH DIGITAL’ Wahyu Yun Santoso; Araya Anggara Putra; Laras Susanti; Faiz Rahman
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.8.2.2023.141-158

Abstract

Alongside with the increasing of risks associated with the use of stablecoins, Central Bank of Indonesia is considering the issuance of Central Bank Digital Currencies (CBDCs) to mitigate these risks. However, as a manifestation of   innovation in financial sector, its characteristic must carefully address potential consequences and risks. Central Bank of Indonesia asserts that a robust legal framework forms the cornerstone of CBDC implementation. This paper aims to examine the legal considerations that could arise during CBDC’s utilization in Indonesia. Given the nascent state of Indonesia's legal framework concerning cyber privacy and security, this paper also explores the privacy and cybersecurity risks correlated with CBDC’s implementation. This research finds indicate that Indonesia's regulatory framework is currently insufficient to support CBDC implementation adequately. The legitimacy of CBDC hinges on whether it is classified as currency or mere payment instruments. Moreover, existing regulations do not fully address privacy concerns, necessitating additional provisions to safeguard retail CBDC users, despite the recent enactment of overarching legislation on Indonesian personal data protection. Regarding cybersecurity, urgent measures are needed to pass a comprehensive Cybersecurity Law, as current provisions do not provide adequate safeguards for CBDC.
REDEFINING INDONESIA’S BLASPHEMY LAW IN THE DIGITAL AGE: A HUMAN RIGHTS PERSPECTIVE Wardana, Khansadhia Afifah; Rahayu, Rahayu; Sukirno, Sukirno
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.9.1.2024.19-35

Abstract

This paper aims to examine the cascading impact of current conditions on the freedoms of expression and religious belief within Indonesia's online sphere, particularly amidst a rising trend of religious blasphemy cases. The dynamic nature of social interactions and discussions in cyberspace has fostered diverse interpretations influenced by subjective understandings of religion, often resulting in disputes of religious blasphemy. Employing a qualitative research method, the study analyses pertinent literary sources to provide insights into the practice of blasphemy laws and their detrimental effects on the freedoms of religion and expression. Indonesia, as a signatory of ICCPR and the Rabat Plan of Action, upholds constitutional guarantees of these freedoms. However, the current application of blasphemy regulations needs reform to better safeguard the rights of its citizens. By targeting laws that prohibit incitement to religious hatred, the legal framework can more effectively fulfill its primary objective of protecting people from discrimination and ensuring their dignity. This research underscores the urgency for Indonesia to recalibrate its approach to blasphemy laws, aligning them with international human rights standards. So that Indonesia can enhance its commitment to protecting freedom of expression and religious belief, fostering a more inclusive and rights-respecting environment for its diverse population.
SHOULD THE VIOLATORS OF MANDATORY COVID-19 VACCINATION BE PUNISHED IN INDONESIA?: HUMAN RIGHTS PERSPECTIVE Zaid Zaid
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.8.2.2023.243-259

Abstract

This study explores human rights perspectives on Indonesia's mandatory COVID-19 vaccination policy, particularly examining the associated penalties for non-compliance. This research is applying a normative methods and descriptive analysis of secondary data, utilizing conceptual and legal approaches, the research identifies complexities inherent in implementing mandatory vaccination policies during the COVID-19 pandemic. The study reveals diverse viewpoints, conflicting interests, and considerations of pros and cons surrounding policy enforcement and penalties. However,it concludes that the mandatory COVID-19 vaccination policy and its associated sanctions are legitimate from a human rights standpoint. The primary reason to protect others by reducing transmission and the health threat has become a main objective and solid justification behind it. Nonetheless, human rights still do not approve the types of punishment that damage a person's physical health or cause mental or psychological harm and damage or reduce rights that cannot be diminished fundamental rights. It urges the importance of ensuring that any penalties imposed are proportionate, respect human dignity, and do not unjustly curtail rights that are inviolable. Thus, while acknowledging the legitimacy of the mandatory vaccination policy and advocates for careful consideration of human rights principles in the formulation and implementation of penalties associated with it.
THE CHALLENGES OF ISLAMIC CRIMINAL LAW IMPLEMENTATION IN ACEH SHARIAH COURT Nasrullah, Nasrullah; Novendra, Carissa Shifa; Reyhan, M. Farel
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.9.1.2024.121-135

Abstract

This paper explores the reconstruction of Islamic criminal law within the Aceh Shariah Court, highlighting its historical, socio-cultural, and legal context. Aceh, recognized for its special autonomy and predominantly Muslim population, has enacted various qanuns (regional Islamic laws) since 2001 to implement Islamic Sharia, encompassing both civil and criminal law. The study employs non doctrinal research to analyze the framework and challenges of implementing Islamic criminal law in Aceh. The legal substance, including Law No. 11 of 2006 and various qanuns, facilitates public participation and supports the integration of Islamic principles into regional governance. The research discusses the pluralistic legal system in Aceh, incorporating state law, customary law, and Islamic law, and examines the role of the Sharia Court in adjudicating cases under Islamic law. The study identifies two main issues: the enforceability of the qanun concerning non-Muslims and human rights, and the proportionality of punishments. Despite criticisms, the qanuns aim to enhance justice and prosperity in Aceh, reflecting the strong religious and cultural identity of the region. The paper concludes by emphasizing the necessity of ongoing adaptation and refinement in the application of Islamic criminal law to address societal needs and uphold human rights.
GREECE MILITARIZATION IN AEGEAN ISLAND: AN INTERNATIONAL LAW PERSPECTIVE Yordan Gunawan; Aldha Febrila; Carissa Shifa Novendra; Siti Asdilla Dzakiyyah
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.8.2.2023.159-174

Abstract

In June 2022, President Erdogan of Turkey suspended bilateral contact with Greece, alleging that Greece's militarization of islands in the eastern Aegean Sea violated international law. This issue stems from Greece's decision to militarize an island in the Aegean Sea, which was designated as demilitarized under the Lausanne Peace Treaty. Greece argues that this militarization is necessary for self-defense and conforms to international norms. This research critically examines the status of the demilitarized island under international law and evaluates Greece's justification for self-defense within the framework of global norms. Utilizing normative legal research with a case study approach, the study finds that Greece has indeed breached the terms of the Lausanne Peace Treaty. Furthermore, Greece's claims of self-defense are deemed invalid since they are not qualified meet the criteria under international law. The research concludes by recommending that Turkey pursue legal recourse, potentially through the International Court of Justice, to address this breach. This approach aims to uphold the principles of international agreements and seek resolution through established legal mechanisms.
ILLEGAL LOGGING ENFORCEMENT: DYNAMICS OF PENAL SANCTIONS IN KEBUMEN COURT Budiyono, Budiyono; Lirëza, Linert
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.9.1.2024.36-52

Abstract

This research investigates the multifaceted nature of criminal punishment, considering its purposes such as deterrence, retribution, rehabilitation, and the maintenance of societal order. Specifically focusing on Article 78, paragraph 15 of forestry law, which delineates penal sanctions, the study explores the application of confiscatory penalties in cases of forestry offenses, particularly illegal logging. The research centers on the practices of the Kebumen District Court in enforcing sanctions against illicit logging, examining the discretionary powers exercised by judges. Despite the existence of the 2005 Judicial and Court Management Technical Instructions governing evidence seizure in illegal logging cases which constrain judicial authority in sentencing. Adopting a non doctrinal research through interview to the judges and literature research as data collection. Those data are analysed qualitatively. the study reveals intricate challenges in penalty enforcement at the Kebumen District Court, encompassing imprisonment, fines, and the confiscation of forest products. Notably, disagreements among judges regarding adherence to Supreme Court guidelines highlight the complexities of balancing judicial autonomy with technical directives. The findings underscore the need for clarifying legal frameworks and enhancing judicial training to harmonize the application of penalties in forestry crime cases, thereby ensuring consistency and fairness in sentencing practices.
ARE AVIATION REGULATIONS EFFECTIVE IN MANAGING FOREIGN AIRCRAFT VIOLATIONS IN INDONESIA? Aisyatus Sa'adah; Kania Rahma Nureda; Aista Wisnu Putra
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.8.2.2023.260-273

Abstract

Sovereignty is an essential thing for a country to maintain, and every country has exclusive jurisdiction and authority to control the air space above its territory, Indonesia is a country that has a large area, but with a large area that is owned if it is not used and maintained correctly it will become a threat to its sovereignty, as evidenced by the existence of cases of airspace violations every year, one of which is carried out by foreign aircraft in Indonesian airspace at this time. This study aims to determine how regulations or rules and law enforcement in airspace violations by foreign aircraft in Indonesia are increasing and what the causes or factors are in the increase in these violations. This is legal research with a normative perspective, a statutory approach, a conceptual approach, and interviews. The results of study explain that there are legal rules that are used in carrying out law enforcement and control of air space in Indonesia's territory. However, these rules are considered ineffective, and because the ineffectiveness of the existing rules affects law enforcement, the impact on law enforcement could be more optimal—committed for violations of foreign aircraft in the territory of Indonesia.
CRITIQUING DELEGATED LEGISLATION ON PREVENTING SEXUAL HARASSMENT OF WOMEN IN INDIAN HIGHER EDUCATION INSTITUTIONS Budhiartie, Arrie; Pradhan, David; Devi, Arti
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.9.1.2024.136-152

Abstract

Sexual harassment of women in the workplace is a serious issue in India, affecting all social and professional sectors, including elite higher education institutions. This problem violates women's fundamental rights to equality and livelihood, breaches professional ethics, and hampers the productivity and potential of many academics. Although the Indian Parliament enacted a comprehensive law in 2013 to address sexual harassment at workplaces, the implementation, especially in educational institutions, is flawed due to bureaucratic inefficiencies. There is a lack of unbiased analysis on how delegated regulations by administrative authorities undermine the law's intent. This research article conducts a legal analysis of the law's implementation in higher educational institutions, using doctrinal research methodology. It identifies subjective and ultra vires provisions introduced by ideologically driven bureaucrats that compromise the law's validity and effectiveness. The study highlights deviations in delegated legislation from the original law and suggests corrective measures to address significant flaws in the regulations framed by the University Grants Commission.
COMPARISON OF SHARIA SUPERVISORY REGULATIONS ON ISLAMIC VENTURE CAPITAL IN INDONESIA AND MALAYSIA Bagas Heradhyaksa; Rahma Octaviani; Pas Ingrid Pamesti
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.8.2.2023.175-189

Abstract

Indonesia and Malaysia are two countries that have the potential to become world Sharia financial centers. These two countries have enormous potential because they are countries with a majority Muslim population. One of the sharia financial institutions that is proliferating is sharia venture capital. Basically, sharia venture capital has the same business concept as conventional venture capital. Vanture capital is an institution that can fund a group of parties to develop their business. However, sharia venture capital must comply with Islamic law principles in all its activities. Therefore, it is necessary to monitor sharia compliance in sharia venture capital institutions. This is crucial because all sharia financial institutions must avoid things prohibited by Islamic principles. Therefore, the independence of the Sharia Supervisory Board must be guaranteed. So that it can carry out its supervisory function well. This article aims to compare the concept of sharia supervision in sharia venture capital in Indonesia and Malaysia. The data used comes from library data, both from literature and regulations. These data were analyzed qualitatively. Thus, it was found that there were differences between sharia supervisors in Indonesia and in Malaysia. Sharia venture capital institutions appoint sharia supervisors in Indonesia. Meanwhile, in Malaysia, the Sharia Supervisor is part of the Sharia Commission  of Malaysia.

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