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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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TRANSFER OF INTELLECTUAL PROPERTY RIGHT AS A COMPANY ASSET IN BANKRUPTCY IN INDONESIA Al Asy'arie, Moh. Asadullah Hasan; Rahmanda, Bagus; Prasetyo, Khanza Anindita
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.9.1.2024.53-69

Abstract

The transfer of intellectual property rights (IPR) as a company asset during bankruptcy proceedings in Indonesia presents a complex legal landscape. This study examines the gap between existing legal frameworks and the practical realities faced by companies undergoing bankruptcy. Specifically, the research addresses the lack of clear guidelines on the valuation, transfer, and protection of IP rights, which are critical assets in the modern economy. This  study  utilizes the three research methods, which are Normative Approach and Conceptual Approach. Findings indicate significant inconsistencies and ambiguities in the legal treatment of IPR in bankruptcy cases. The aim of this research is to provide an understanding of how IPR can be included in the bankruptcy estate and distributed to entitled creditors based on an assessment by the curator. In conclusion, this research found that recommendations for legal amendments and policy interventions to bridge the identified gaps, thereby enhancing the protection and transferability of IP rights in bankruptcy contexts in Indonesia.
LEGALIZE CUSTOM-RELATED LANDOWNERSHIP TRANSACTIONS: THE INDONESIAN EXPERIENCE Abdul Wahid; Siti Malikhatun Badriyah; Ahmad Muhamad Mustain Nasoha; Zamzami Zamzami
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.8.2.2023.274-286

Abstract

The secret sale of land raises changes in certificate ownership dilemma. The absence of seller during creation of the Deed of Sale and Purchase (AJB) poses a severe obstacle, coupled with the buyer's lack of knowledge. Another constraint is buyer's inability to create a deed due to seller's unknown address. This research highlights buyer's efforts to overcome obstacles in transferring land certificates from off-the-record land transactions. This is a normative legal approach through literature analysis. The results show that buyers can overcome obstacles by filing a lawsuit for unlawful actions in the district court where the land is located. This lawsuit is related to unlawful actions by the defendant, such as rejection or hindrance to changing the land certificate's name. Through the trial, the court can issue an order instructing the National Land Agency (Badan Pertanahan Nasional or BPN) to transfer the land certificate in the buyer's name. Even without the Deed of Sale and Purchase (AJB), the court order serves as a legal basis for BPN to execute this process. Upon completion, the buyer obtains legal certainty regarding land ownership, and despite lacking AJB, the renamed land certificate becomes valid proof of the buyer's land ownership.
DIVORCE SETTLEMENT THROUGH MEDIATION PROCESS IN LHOKSEUMAWE SHARIA COURT Faisal, Faisal; Said, Muhammad Helmi MD; Manfarisyah, Manfarisyah; Jumadiah, Jumadiah; Herinawati, Herinawati; Effida, Dara Quthni
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.9.1.2024.153-166

Abstract

This study examines the effectiveness of mediators in resolving divorce cases based on the Supreme Court Regulation on Mediation Procedures and the function of mediators to reduce divorce rates. The type of research is empirical juridical, and primary data, and secondary adopts a juridical approach.. This research reveals that the implementation of the Supreme Court Regulation No. 1 of 2016 at the Lhokseumawe Sharia Court has not been maximized so it is necessary to strengthen the education of the judges-mediator regarding how judges handle mediation. In addition, a persuasive approach is needed so that mediation can be run effectively to prevent divorce. The mediator has to maximize his role in reconciling the litigants in the Court so that the parties do not consider mediation as a mere formality. Socialization is needed in the community regarding the importance of resolving disputes peacefully as determined under supreme court regulation.
MODELS OF CANING IN ACEH AND MALAYSIA: A COMPARISON Hamdani Hamdani; Muhammad Nasir; Muhammad Helmi Md Said; Laila M. Rasyid; Putri Ismalinda
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.8.2.2023.190-208

Abstract

One of the punishments imposed on the offender in Aceh is caning based on Qanun Jinayah. This study compares the implementation of caning in Aceh and Malaysia. This study uses qualitative research methods with normative and empirical juridical approaches by applying prescriptive-analytic methods. The implementation of caning punishment in Aceh is the responsibility of prosecutor's office, the executor of wilayatul hisbah. The execution in an open place witnessed by the public according to the purpose of punishment and provides deterrence effect for the community and the convict. Based on regulation, implementation of caning punishment may not be accessible to children, but this cannot be fully implemented due to different district/city government policies. Caning in Malaysia is carried out in prison and witnessed by a few Muslims to achieve the purpose of punishment. In accordance with the conditions of local wisdom in Aceh and Malaysia. The Aceh government needs to provide a deterrent effect on convicts, caning is carried out at the convict's domicile and in accordance with applicable laws and committed to supporting Islamic law, including budget contributions.
THE RELEVANCE OF ‘CHARACTER WITNESS’ TESTIMONY IN CRIMINAL CASES IN INDONESIA Putri, Devita Kartika
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.9.1.2024.70-86

Abstract

Character witnesses evidentiary relevance remains underexplored in Indonesian academic discourse. This article addresses this gap by examining the circumstances in which character witness testimony holds significance. Using qualitative study referencing eleven court decisions in criminal cases, the research identifies three key contexts where character witness testimony proves relevant. First, it serves to elucidate elements crucial to the assessment of a crime. Second, it aids in determining whether a defendant should be exempted from criminal liability. Third, it may influence sentencing considerations by either mitigating or aggravating the severity of penalties imposed. Moreover, the article examines the limitations inherent in character witness testimony. It highlights that such testimony may lack relevance to provide contextual assistance to the judges Additionally, while character witness testimony can potentially enhance understanding of a defendant's disposition, it cannot serve as sole grounds for conviction. Propensity evidence derived from character witness statements may be considered in sentencing phases to influence severity but cannot independently establish guilt. This article contributes to a nuanced understanding of the role of character witnesses within the Indonesian legal framework, offering insights into their potential impact on judicial decision-making and the boundaries of their evidentiary value in criminal proceedings.
INDONESIAN CONSTITUTIONAL GUARANTEES AGAINST DISCRIMINATORY TREATMENT: AN EMPIRICAL STUDY Manitra, Ramalina Ranaivo Mikea; Prabandari, Adya Paramita
Diponegoro Law Review Vol 9, No 2 (2024): Diponegoro Law Review October 2024
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.9.2.2024.332-352

Abstract

The right to be free and protected from discriminatory treatment is universal. Such right is incorporated into the 1945 Constitution of the Republic of Indonesia. This paper examines the perception of international students (30 respondents) in Indonesia regarding the discriminatory treatment they have experienced and the effort of the Indonesian Government to address such issue in educational institutions. The study focuses on the operation of positive law, particularly Article 28I Paragraph (2) and Paragraph (4) of the 1945 Constitution. The method used was empirical legal research, combined with statutory and sociological approaches, utilizing primary data (from questionnaires) and secondary data. The analysis of questionnaire output reveals a concerning reality of discriminatory treatment in various forms experienced by the respondents. A significant percentage of them experience discriminatory treatment and perceive a lack of effective measures to address and prevent such discrimination in educational institutions. Recommendations are made to bridge the gap between constitutional guarantees and the actual experiences of international students: Indonesian government should strengthen the implementation of anti-discrimination laws, foster inclusive environments in educational institutions, and enhance government efforts through better monitoring, complaint systems, and legal remedies for victims, in alignment with constitutional guarantee.
WEST SUMATRA’S RETAIL POLICIES ON THE PERSPECTIVE OF COMPETITION AND ISLAMIC LAW Ulfanora, Ulfanora; Almaududi, Almaududi
Diponegoro Law Review Vol 9, No 2 (2024): Diponegoro Law Review October 2024
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.9.2.2024.241-257

Abstract

This study examines the legal framework regulating retail markets in Indonesia, focusing on balancing modern retail growth with the protection of micro, small, and medium enterprises (MSMEs). The introduction highlights the rapid expansion of modern retail chains and their impact on traditional markets, emphasizing West Sumatra’s unique approach of limiting the entry of major retail chains to support local businesses. However, this policy lacks clear written regulations, creating legal and operational uncertainties. Using a doctrinal legal research methodology, the study analyzes statutory laws, legal doctrines, and secondary sources. Key legal instruments include the Law on Prohibition of Monopolistic Practices and Unfair Business Competition, the Job Creation Law, and Regional Regulations on Fostering and Empowering People's Markets. The qualitative analysis focuses on identifying inconsistencies, gaps, and the synchronization of these regulations. The findings reveal the absence of explicit legal provisions supporting local governments’ restrictions on modern retail, despite their efforts to protect traditional markets. The study underscores the need for comprehensive and clear legal frameworks to ensure fair competition, safeguard MSMEs, and align with national socio-economic goals. Recommendations include regulatory reforms to address ambiguities and support sustainable retail market policies
CURRENT REGULATIONS AND ANTICIPATIONS ON CRIMINALIZING BLACK CAMPAIGNS FOR THE 2024 REGIONAL HEAD ELECTIONS Mirzana, Hijrah Adhyanti; Anas, Andi Muhammad Aswin; Rohman, Aditya Dwi
Diponegoro Law Review Vol 9, No 2 (2024): Diponegoro Law Review October 2024
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.9.2.2024.258-276

Abstract

Campaigning plays a critical role in elections, enabling candidates to present their vision, mission, and programs to the public. However, Law Number 8 of 2015, lacks explicit regulations on black campaigning, especially when it occurs via electronic media. This research highlight the Regional Head Election Law only indirectly addresses defamation in Article 69 (b) and (c), which prohibits insults targeting individuals, religions, ethnicities, races, groups, and candidates. Other relevant regulations, such as the Criminal Code and the ITE Law, contain provisions on defamation, hate speech, and incitement, but they are not spesifically regulate in the context of election. This paper examines the urgency of reformulating explicit prohibitions and criminalization of black campaigning within the Regional Head Election Law. Using a normative juridical approach to examines the existing regulations, this research suggests that an amendment to the Regional Head Election Law is necessary to explicitly define and prohibit black campaigning, establishing it as a formal offense and identifying relevant legal subjects. By setting clear prohibitions, this reform would strengthen fairness and integrity in elections, prevent the spread of false information and incitement, and align with the principle of legality, ultimately enhancing the democratic process.
SUSTAINABLE ENVIRONMENTAL MANAGEMENT IN NUSANTARA CAPITAL CITY: LEGAL PERSPECTIVES AND BEST PRACTICES Ardani, Mira Novana; Yusriyadi, Yusriyadi; Silviana, Ana
Diponegoro Law Review Vol 9, No 2 (2024): Diponegoro Law Review October 2024
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.9.2.2024.167-185

Abstract

The establishment of Ibu Kota Nusantara (IKN), Indonesia’s future capital, introduces both challenges and opportunities for sustainable environmental management. Effective spatial planning is essential to balance developmental needs with ecological conservation. This study examines how spatial planning principles can be integrated within IKN’s environmental management framework, addressing key legal issues related to infrastructure development, environmental preservation, and the social and economic impacts of spatial policies. Through a normative legal research methodology, incorporating statutory and conceptual approaches, this paper assesses relevant laws, regulations, and environmental planning practices applicable to IKN. The findings highlight the importance of comprehensive spatial planning, robust legal enforcement, and continuous monitoring for long-term sustainability. The study argues that embedding spatial planning in policy-making is critical to mitigating environmental impacts, strengthening community resilience, and supporting sustainable development goals for Nusantara Capital City.  
RESTORING CUSTOMARY FOREST RIGHTS THROUGH AGRARIAN REFORM: CASE STUDY OF THE KAMPAR COMMUNITY, INDONESIA Fikri, Mhd Zakiul
Diponegoro Law Review Vol 9, No 2 (2024): Diponegoro Law Review October 2024
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.9.2.2024.277-296

Abstract

Approximately three-quarters of Kampar Regency is designated as state forest, despite the historical presence of indigenous communities for generations. Accordingly, this study examines on analyzing the framework for restoring the customary forest rights of these through agrarian reform, emphasizing social forestry. Employing a socio-legal research method, the study combines textual analysis of legal frameworks and case studies of Kampar's indigenous communities. The research examines two key issues: (1) the presence of indigenous communities and the concept of customary forest utilization in Kampar Regency, and (2) the importance of restoring indigenous communities’ rights to forests through social forestry initiatives. The findings reveal that indigenous communities in Kampar Regency maintain a strong connection to their ancestral heritage, viewing customary forest as inalienable heritage. The restoration of indigenous communities’ rights to these forest territories is considered essential. Social forestry is identified as a critical component of agrarian reform in Indonesia, with existing regulatory frameworks explicitly acknowledging indigenous communities as beneficiaries. Several areas of customary forest in Kampar Regency have also been identified as having potential for designation through social forestry programs. 

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