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Diponegoro Law Review
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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POLITICAL AND LEGAL DEVELOPMENTS IN MINERAL AND COAL MINING LAWS: A CRITICAL REVIEW Natsir, Muhammad; Ilahi, Andi Hidayat Anugrah; Adnas, Titien Pratiwi
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.9.2.2024.186-203

Abstract

The revision of Indonesia’s Mineral and Coal Mining Law (Law Number 3 of 2020) has generated significant debate and resistance, especially from 2019 through the initial phases of the COVID-19 pandemic in 2020. Significant concerns encompass heightened corruption risks, compromised environmental protections, dependence on foreign labor, reduced community rights in mining regions, and challenges to democratic and decentralized governance structures. This study rigorously analyses the legal and practical implications of the law, concentrating on its application within the nickel mining industry. This approach employs a juridical-normative framework, integrating literature reviews and observational methods to evaluate recent legal cases and the effects of policy changes. The findings indicate that although the law is designed to simplify licensing procedures and encourage investment, it also presents issues related to diminished regional autonomy, possible environmental harm, and social disparities. The highlighted issues reveal Indonesia’s dependence on extractive industries, which starkly contrasts the global movement towards sustainable practices. The research underscores the necessity for regulatory reforms that harmonize economic development with environmental sustainability and fair resource management, providing critical insights for policymakers, legal professionals, and industry participants.
IHYA' AL-MAWAT'S RESISTANCE TO LAND LEGAL POLICY IN INDONESIA Abidin, Abidin; Suryanto, Tulus; Aslam, Mohd Mizan
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.9.2.2024.297-314

Abstract

The purpose of this study is to map and examine the manifestations, contributing elements, and ramifications of iḥyā' al-mawāt opposition to Indonesian land laws. Utilizing a qualitative-objectivity approach, the findings from material and interviews are positioned. The research results show that there has been iḥyā' al-mawāt resistance to land law policies in Indonesia due to prohibitions on use, management and ownership even though the goals are the same, namely community welfare and legal certainty over land. The factors causing resistance are based on the desire to prosper the earth, increase welfare, legal certainty, and resolve land legal relations with others. Open resistance was carried out in the form of demonstrations against state land control. Offering and enforcing the concept of iḥyā' al-mawāt continually, expressing irritation and curses in one's heart without showing it to others, and crying in private are all examples of closed resistance. Clever revenge plotting is another way that closed resistance is demonstrated. The action of iḥyā' al-mawāt resistance that must be taken against land law policy in Indonesia is the granting of rights to use and even own ownership of land resulting from the community's iḥyā' al-mawāt in a professional.
LEGAL AND SOCIO-ECONOMIC ISSUES OF AUTOMATED ISLAMIC BANKING IN UGANDA: LESSON FROM INDONESIA Aidonojie, Paul Atagamen; Adebayo, Adesoji Kolawole; Eregbuonye, Obieshi; Mukhlis, Muhammad Mutawalli; Ibeh, Success
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.9.2.2024.204-222

Abstract

The global surge in digital technology has revolutionized various sectors, including Islamic banking. While Indonesia has successfully incorporated digital automation into its Islamic banking system, Uganda's nascent Islamic banking system faces opportunities and challenges in adopting similar technologies. This study uses a hybrid research method with a conceptual approach to explore the prospects and challenges in automating Uganda's Islamic banking system by learning from Indonesia's progress. A total of 306 questionnaires were distributed to Ugandan respondents, and the data were analyzed descriptively and analytically. The findings show that automation has significantly improved the Islamic banking system in Indonesia, a model that Uganda can emulate. However, implementation in Uganda faces legal and socio-economic barriers that may affect its feasibility. This study recommends revising Uganda's legal framework to support and regulate a digitalized Islamic banking system while addressing socio-economic challenges. Ultimately, the study underscores that with the right reforms, automation can improve Uganda's Islamic banking landscape.
LEGALITY AND IMPACT ON SAVINGS AND LOAN COOPERATIVES IN MANAGING SAVINGS FROM NON-MEMBERS Prabowo, M. Shidqon
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.9.2.2024.315-331

Abstract

The writing of this research aims to explain the legality or validity when the Savings and Loan Cooperative raises funds from members outside the cooperative, describes the authority and supervision measures by the Financial Services Authority (OJK) and the Ministry of Small and Medium Enterprise Cooperatives (KUKM) for cooperatives that collect savings funds outside of cooperative members and to clarify the legal consequences if the Savings and Loan Cooperatives collect savings funds outside cooperative members. This article uses a normative juridical approach method. For secondary data sources, the study of original legal texts, secondary legal literature, and non-legal sources can conclude that: 1. There is a legal basis used in raising funds for non-cooperative members, which is based on Article 44 of the Cooperative Act No. 25 of 1992. 2. OJK and KUKM have authority over cooperatives that collect savings funds outside cooperative members.3. There are legal consequences if the Savings and Loan Cooperative collects savings funds outside the cooperative members.
THE URGENCY OF MEDICAL MARIJUANA LAWS IN INDONESIA Haque, Amarta Yasyhini Ilka; Susila, Muh Endriyo
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.9.2.2024.223-240

Abstract

Marijuana legalization remains a contentious public health issue in Indonesia. Despite public debates sparked by a mother's appeal for medicinal marijuana last June, Indonesia maintains strict anti-drug measures under its Narcotics Law, which prohibits the use of all elements of marijuana in medical treatments. However, medicinal marijuana has gained recognition in other jurisdictions for its potential to treat various chronic illnesses. This study employs a doctrinal legal research methodology, relying on secondary sources, legislation, and scholarly analyses. The findings emphasize the urgent need to legalize medicinal marijuana as a critical intervention for specific medical conditions. While possession and use of marijuana remain illegal, Indonesia's ratification of the Single Convention on Narcotic Drugs 1961 allows for research and the controlled use of medicinal marijuana. By examining the experiences of nations with established medical marijuana legislation and emphasizing further research on its applications, this study advocates for the legalization of medicinal marijuana in Indonesia under stringent regulations.
STRENGTHENING INDONESIA’S MARITIME SOVEREIGNTY: IMPLEMENTING A SINGLE AGENCY MULTI-TASKS MODEL TO COMBAT IUU FISHING Wartoyo, Franciscus Xaverius; Jaya, Belardo Prasetya Mega; Arafat, Muhammad Rusli; bin Mohd Rusli, Mohd Hazmi; Taufiqurrohman, Asari; Malik, Imam Ibnu; Rakhmatika, Devi
Diponegoro Law Review Vol 10, No 1 (2025): Diponegoro Law Review April 2025
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.10.1.2025.1-15

Abstract

Indonesia’s location between the Indian and Pacific Oceans positions it as a crucial maritime route, thereby revealing significant maritime opportunities. This strategic location also presents significant vulnerabilities, especially from foreign vessels involved in unlawful activities, including illegal, unreported, and unregulated (IUU) fishing. IUU fishing represents a widespread issue that threatens regional security and the sustainability of marine ecosystems, ultimately impacting food security and economic viability.  This research adopts a normative legal methodology, incorporating an extensive literature review to examine the philosophical underpinnings and regulatory benchmarks pertinent to Indonesia's enforcement framework addressing IUU fishing.  This analysis scrutinizes current legal resources and explores the intricate dynamics of overlapping jurisdictions among maritime agencies, intensifying enforcement inefficiencies and generating operational uncertainties. This study proposes implementing the Single Agency Multi-Tasks (SAMT) system as a comprehensive approach to enhance law enforcement efforts targeting foreign vessels involved in IUU fishing within Indonesia's Fisheries Management Areas (FMAs), considering the existing challenges.  The SAMT framework aims to centralize authority within the Marine Security Agency (BAKAMLA) to streamline operations and improve regulatory compliance, ultimately contributing to a strong maritime governance structure. The results highlight the importance of implementing legal reforms and establishing coordinated governance mechanisms by national and international maritime regulations. This study significantly enhances the discussion surrounding optimizing fisheries management and reinforcing Indonesia’s sovereignty in its maritime areas while also tackling the widespread challenges IUU fishing activities present.
RETHINKING LEGISLATIVE TERM LIMITS: SAFEGUARDING DEMOCRATIC RENEWAL IN CONSTITUTIONAL STATE OF INDONESIA Ristyawati, Aprista; Utama, Yos Johan; Wardhani, Lita Tyesta Addy Listya; Hanum, Willy Naresta
Diponegoro Law Review Vol 10, No 1 (2025): Diponegoro Law Review April 2025
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.10.1.2025.16-28

Abstract

Indonesia’s constitutional framework enshrines the separation of powers among the executive, legislative, and judicial branches, yet only the legislature lacks explicit term‐limit provisions for its members. This normative legal analysis examines the democratic and legal implications arising from this regulatory gap and proposes strategies to safeguard legislative renewal. Utilizing primarily on secondary sources—statutes, academic literature, and comparative analyses—the research employed both statutory and conceptual approaches to assess existing laws, notably Law No. 17 of 2014 on the People’s Consultative Assembly and House of Representatives and Law No. 7 of 2017 on General Elections. The analysis identifies three core deficiencies: first, the lack of term limits undermines legal certainty by leaving tenure duration indeterminate and susceptible to arbitrary interpretation; second, unlimited re‐election fosters power entrenchment, increasing risks of corruption, collusion, and nepotism, and weakening the legislature’s oversight and budgetary functions; third, perpetual incumbency impedes generational renewal, diminishing internal party democracy and restricting political recruitment. Drawing comparative insights from Australia’s staggered Senate terms illustrate how structured tenure can promote dynamism while retaining institutional memory. In response, the study advocates for a clear legislative amendment that caps legislators’ service to two consecutive terms, aligned with principles of accountability, rotation of power, and open political recruitment. Additionally, it recommends that political parties institutionalize transparent internal mechanisms and enforce term‐limit rules to ensure cadre development and democratic governance. By codifying legislative term limits and fostering proactive party roles, Indonesia can strengthen constitutional checks and balances, enhance the legislative quality, and secure sustainable democratic renewal.
CREDITOR OF FIDUCIARY FACING BANKRUPTCY, WHAT SHOULD THEY DO? Ningsih, Ayup Suran
Diponegoro Law Review Vol 10, No 1 (2025): Diponegoro Law Review April 2025
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.10.1.2025.29-41

Abstract

This study investigates the legal framework surrounding fiduciary guarantees in Indonesia, elucidates the position of secured creditors when debtors face bankruptcy, and scrutinizes the procedural regulations for enforcing fiduciary liens in the aftermath of bankruptcy proceedings. The research utilizes a normative legal methodology and an analytical-descriptive approach, referencing foundational doctrines in the Civil Code and the provisions of Law No. 37 of 2004 regarding the Suspension of Debt Payment Obligations and Bankruptcy. Data were gathered from primary legal texts, particularly Law No. 42 of 1999 on Fiduciary Guarantees. They were further supported by secondary literature in legal scholarship and relevant non-legal sources that provide insights into practical enforcement trends. The examination starts by delineating the legal framework of fiduciary security: identifying qualifying collateral (including movable and specific immovable assets), specifying registration and perfection criteria, and differentiating fiduciary liens from traditional pledges and mortgages. The focus then shifts to the point of insolvency, examining the classification of fiduciary creditors within the bankruptcy hierarchy—distinguished as preferred or concurrent claimants—and the rights they maintain to identify and reclaim collateral beyond the general estate. The study delineates the procedural steps required by Law No. 37/2004 for post-bankruptcy enforcement, encompassing notice provisions, valuation, auction sale, and distribution of proceeds. The findings indicate that Indonesian law establishes a structured framework for fiduciary guarantees; however, there are notable tensions between the insolvency moratorium and the secured creditor’s entitlement to timely enforcement. Furthermore, instances of priority conflicts can emerge in practice, highlighting the necessity for more explicit guidelines regarding the ranking of creditor claims. This study integrates doctrinal theory, statutory text, and procedural detail to provide a thorough reference for practitioners and policymakers. It proposes specific reforms to enhance predictability and boost creditor confidence in Indonesia’s secured lending framework.
QUALITATIVE STUDY OF FRAUD IN HEALTH SERVICES AND LEGAL FRAMEWORK IN INDONESIA: A LITERATURE REVIEW Zuvarcan, Diaz Alifarizki; Yuspin, Wardah; Budiono, Arief
Diponegoro Law Review Vol 10, No 1 (2025): Diponegoro Law Review April 2025
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.10.1.2025.42-53

Abstract

Health sector fraud is a significant global challenge that undermines health systems by exploiting financial gains through methods like upcoding and false insurance claims. Despite legal updates, healthcare fraud remains a persistent issue. This study systematically examines fraud detection techniques and the legal framework, providing insights to guide policymakers in developing effective prevention strategies in Indonesia. This research employs a doctrinal research methodology with a literature review approach. Using secondary data from Scopus, PubMed, ScienceDirect, and Google Scholar, this study investigates the patterns, causes, and effects of fraud in the Indonesian healthcare system. This paper reviews nine selected articles and compares them with updated Indonesian legal instruments, mainly Law No. 17 of 2023 on Healthcare and Law No. 1 of 2023 on Criminal Code. The findings demonstrate that although legislative reforms have introduced stricter provisions, their implementation remains inconsistent due to lack of oversight and technology. This study proposes integrative strategies, such as digital audit systems, strengthening legislation, and public reporting mechanisms, to improve fraud prevention. It contributes to the debate by identifying gaps in enforcement and proposing regulatory and technological solutions to strengthen the transparency and integrity of the Indonesian healthcare system.
ANALYSIS OF EQUATORIAL STATES' SOVEREIGN RIGHTS OVER GEOSTATIONARY ORBIT UNDER OUTER SPACE TREATY Gunawan, Yordan; Putri, Ayi Leoni; Setya, Putri Nurhaliza Anugerah
Diponegoro Law Review Vol 10, No 1 (2025): Diponegoro Law Review April 2025
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.10.1.2025.54-67

Abstract

Until 2024, equatorial countries are going to stand for the right to sovereignty and even the right to fair and proportional use of geostationary orbit. Equatorial states, despite their geographical advantages, face unequal access and disadvantages when it comes to the geostationary orbit. The prevailing procedures in place actually pose challenges for these states. This research employs normative legal methods to examine the rights and sovereignty claims of equatorial countries in relation to the utilisation of the geostationary orbit. Based on the findings of this study, it is evident that equatorial countries' assertions of sovereignty lack justification under current international legal frameworks. However, this research also provides a solution to revamp the mechanism for governing the utilisation of geostationary orbits. This solution is built upon the principle of special and differential treatment, which has been adopted by the World Trade Organisation (WTO). By embracing this principle, there is optimism that equatorial countries will have a better chance at accessing the geostationary orbit in a just and balanced manner. This will enable them to fully utilise their geographical advantages while staying within the boundaries of international regulations.

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