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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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GREENWASHING AS CONTRACTUAL FRAUD: EXAMINING ITS LEGAL IMPLICATIONS AND IMPACT ON CONTRACT VALIDITY UNDER INDONESIAN LAW Prisandani, Ulya Yasmine
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.10.1.2025.68-84

Abstract

Greenwashing, the practice of making false or exaggerated environmental claims to deceive consumers, has emerged as a pressing issue in various industries. This study explores the legal implications of greenwashing under Indonesian law, particularly its impact on the validity of contracts. Utilizing a normative legal research methodology, this paper examines the gap in Indonesian regulations regarding greenwashing, highlighting its connection to deceptive marketing and contractual fraud. According to the Indonesian Civil Code, contracts are only valid if there is mutual consent between the parties. Greenwashing, by distorting the truth about a product or service's environmental impact, undermines this essential element of consensus, potentially rendering contracts voidable. This research draws parallels between greenwashing and contractual fraud, explaining how deceptive claims can mislead parties, disrupting their agreement and affecting the contract’s legitimacy. Furthermore, the paper analyzes how greenwashing can be classified as fraud under the Indonesian Criminal Code, with implications for both civil and criminal liability. Despite the lack of specific regulations addressing greenwashing, the study proposes that its deceptive nature should be treated as a distinct legal issue, separate from general fraud. It also emphasizes the need for legal reforms to protect consumers and ensure that companies are held accountable for their environmental claims. The study concludes by advocating for stricter regulations and oversight mechanisms to mitigate the environmental and financial harm caused by greenwashing in Indonesia.
PROTEST VOTE: MITIGATING THE IMPACT OF SINGLE CANDIDATES IN LOCAL HEAD ELECTIONS Ramadani, Rizki; Asriati, Asriati; Wahida, Wahida
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.10.1.2025.85-104

Abstract

In the 2024 local head elections, voters in 37 regions face a growing trend of single candidates. While voters can express dissent, the blank box option is often viewed as a mere procedural formality, with current regulations failing to address the negative impact of single candidates. This paper examines the protest vote as a form of voter engagement and explores its potential institutionalization as a solution to the single-candidate issue in local head elections. Using a normative approach, the research combines conceptual and legislative analysis, along with a qualitative review of existing literature. The protest vote, viewed from a political participation perspective, should not be seen as anti-political, but rather as a way for voters to voice dissatisfaction with the system or political elites. Few countries officially recognize the protest vote, but this study argues for its institutionalization through four measures: 1) ensuring the right to protest votes in local head elections, 2) recognizing blank, null, or spoiled ballots as valid votes, 3) defining empty boxes as "None of The Above" (NOTA) and preventing unsuccessful single candidates from re-running, and 4) protecting and encouraging campaigns for protest votes.
ENHANCING CYBERSECURITY AND LEGAL INTEGRATION: REFORMING INDONESIA'S CYBER LAW TO FOSTER SUSTAINABLE GROWTH IN THE DIGITAL ECONOMY Widayanti, Tri Fenny; Rohman, Aditya Dwi; Haris, A. Nuril Zamharir; Djafar, Eka Merdekawati; Hakim, Muhammad Zulfan
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.10.1.2025.105-119

Abstract

The rapid advancement of digital technologies has reshaped the global economy, with the digital economy becoming a key driver of growth and innovation. Indonesia, as the leader in Southeast Asia’s digital economy, has immense potential, with projected growth at 40% by 2018. However, the country’s digital economy remains hindered by an inadequate and fragmented cyber law framework. The existing laws are sector-specific, leading to overlapping institutional authority, weak enforcement, and a lack of clarity in jurisdiction, particularly regarding cross-border cyber threats. This fragmented legal landscape impedes the integration of Indonesia’s digital economy and undermines cybersecurity efforts. This study examines the challenges within Indonesia’s current cyber law and argues for comprehensive reforms to provide clear institutional authority, enhance inter-agency coordination, and create laws tailored to the digital economy and cybersecurity. Drawing insights from international frameworks, such as the European Union's General Data Protection Regulation (GDPR) and Australia's Critical Infrastructure Bill, the study advocates for a dual approach—ensuring both data privacy and critical infrastructure protection. Furthermore, the research highlights the need for collaboration between government, the private sector, and civil society, along with public education initiatives, to foster a secure and trustworthy digital ecosystem. By analyzing existing regulations and proposing targeted reforms, this study aims to contribute to improved cybersecurity governance, enabling sustainable digital transformation and economic growth in Indonesia.
EMPOWERING CULTURAL COMMUNITIES IN PROTECTING TRADITIONAL EXPRESSIONS: LEGAL CHALLENGES IN THE DIGITAL AGE Roisah, Kholis; Rahayu, Rahayu; Al Asy'arie, Moh. Asadullah Hasan; Mitskaya, Elena; Wahyudi, Bryan Fayyadh Haq
Diponegoro Law Review Vol 10, No 2 (2025): Diponegoro Law Review October 2025 (in progress)
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.10.2.2025.134-156

Abstract

Protecting Traditional Cultural Expressions (TCEs) is essential for safeguarding national identity and the values of communities that inherit and transmit cultural knowledge. This doctrinal study, grounded in comprehensive literature analysis, examines Indonesia’s regulatory framework and the practical challenges of TCEs protection. Research demonstrates that the limited positive influence on cultural holder communities' welfare stems from a noticeable dearth of clear technical policies outlining the institutions and systems for equitable benefit-sharing. The protection afforded to traditional cultural expressions (TCEs) is inherently twofold: it substantiates the importance of cultural diversity, spirituality, and religious practice while also functioning as an essential tool to preclude cultural plagiarism and inappropriate exploitation. The custodial  communities remain essential bearing the primary responsibility for maintaining, revitalizing, and transmitting local knowledge, artistic forms, and ritual practices. Concurrently, the digital era amplifies risks of misuse; specifically, the ease of digitization and rapid dissemination increase vulnerability to unauthorized appropriation and misrepresentation. To confront these risks, a combined approach is required, including positive and defensive measures within intellectual property regimes—such as tailored sui generis protections—alongside complementary policy instruments that emphasize community rights. Indonesia's legislative efforts, including the 2014 Copyright Law and the 2022 Government Regulation on Communal Intellectual Property (KIK), are compromised by major implementation deficits that undermine effective practical enforcement. The core argument here is for clearer, highly specific legal tools and stronger institutional arrangements that actively facilitate benefit-sharing and protect community interests. Ultimately, the study calls for a cohesive strategy that integrates protection with cultural-based economic growth and community empowerment to guarantee sustainable, intergenerational outcomes that preserve heritage while simultaneously lifting local welfare.
THE DEATH PENALTY AS DETERRENT PUNISHMENT: A REVIEW OF EFFECTIVENESS OF DEATH PENALTY IN BANGLADESH Erfan, Abdullah Mohammad; Islam, Mohammad Saiful; Malek, Abdul
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.10.1.2025.120-133

Abstract

Punishment is a crucial tool for crime prevention and deterrence. Among other punishments, the death penalty is the harshest punishment in Bangladesh. In the past, many have believed that the death penalty effectively deters crime. However, there remains debate over whether the death sentence actually works to prevent crime. Bangladesh encompasses a broad spectrum of offenses, including both serious crimes and nonviolent offenses, that are subject to the death penalty, and the country aims to expand the list of offenses punishable by this sentence. However, the effectiveness of the death penalty in deterring crimes is questionable. The most important resources for a State are its human resources. The death penalty, however, annihilates the right to life and dashes all of humanity's hopes and aspirations. Protecting their lives is crucial because of this. The study aims to examine and assess the current regulations of the death sentence in preventing crime. Subsequently, the study attempts to demonstrate how effectively the death penalty closes gaps in the justice system and deters crime. To conclude the study, it has been undertaken in doctrinal legal research with analytical approaches. The first part of this study looks at the offenses from numerous actions that might result in the death penalty. Second, statistics indicate that even when the death sentence is still in place, crime does not greatly decline. Finally, it recommends substitute punishments that can be carried out rather than the death penalty.

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