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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 193 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.
NAVIGATING FATWA-TO-REGULATION TRANSFORMATION IN ISLAMIC FINANCE: CHALLENGES AND INNOVATIONS POST-OMNIBUS LAW 2023 Karni, Asrori S.; Setyowati, Ro’fah; Sa'adah, Nabitatus; Adzkia, Maula Azharil
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.10.2.2025.157-172

Abstract

The transformation of fatwas into regulations in the financial sector has been widely studied, but there is a lack of analysis on the dynamics following the 2023 Omnibus Law, particularly regarding the implementation of DSN-MUI Fatwa No. 153/2022 on Early Settlement of Murabahah Debt. This study addresses this research gap by employing a normative legal approach, supplemented by empirical observations at two Islamic financing institutions. The findings reveal that, although the fatwa has been disseminated through three annual forums and incorporated into OJK (Financial Services Authority) guidelines, it has yet to attain legal finality as a binding regulation. The first institution continues to follow the earlier fatwa, citing insufficient legal certainty in the new regulation, and maintains a non-discounted early repayment model. In contrast, the second institution, which has long provided early settlement discounts, finds the OJK guideline’s calculation formula commercially inequitable. As a result, they developed an alternative simulation model to remain Sharia-compliant while ensuring business competitiveness. The novelty of this research lies in its exploration of on-the-ground regulatory interactions and its proposal for a legal codification framework based on feedback from industry stakeholders. This study recommends a more flexible and adaptive model for the fatwa-to-regulation transformation, attuned to operational realities. A sustained tripartite dialogue between fatwa authorities, regulators, and industry players is crucial to navigating field complexities and ensuring that regulations uphold Sharia principles while fostering sustainable business practices.
EXPLORING INTERSECTIONALITY: THE LEGAL CHALLENGES FACED BY INDIGENOUS WOMEN IN PALM OIL LAND CONFLICTS Natalis, Aga; Wibowo, Shannon Lorelei; Aspin N, Ester Elisabeth; Hardiyanti, Marzellina; Putrijanti, Aju
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.10.2.2025.173-198

Abstract

This study explores the dual challenges faced by indigenous women in palm oil land conflicts through an intersectionality framework to understand their unique oppression. In Indonesia, the palm oil industry’s expansion has exacerbated gender-based, ethnic, economic, and ecological injustices faced by these women. Indigenous women are often excluded from decision-making processes regarding land disputes and development projects, leading to the loss of vital resources that sustain their livelihoods. This research demonstrates that these women bear an additional burden of domestic responsibilities, which are largely unrecognised, while also being marginalised in the socio-political and legal spheres. Through an intersectional lens, this study unveils the complex interactions of gender, ethnicity, and class, which create distinct forms of oppression, complicating the struggle of indigenous women to protect their land and culture. These conflicts are not simply issuing of agriculture; they represent a broader fight for recognition, autonomy, and the protection of ecosystems. In conclusion, the legal and policy frameworks often fail to adequately address the rights of indigenous women, highlighting the need for inclusive policies that ensure their participation in decision-making processes. It argues for the recognition of their ecological knowledge and cultural heritage in addressing and resolving land conflicts.
FAST TRACK LEGISLATION WITHOUT A LEGAL TRACK: A COMPARATIVE CRITIQUE OF ACCELERATED LAW-MAKING IN INDONESIA AND OTHER JURISDICTIONS Kaharuddin, Kaharuddin; Moechthar, Oemar; Sekarmadji, Agus; Karunia, Dinar; Kristianti, Dwi Rahayu; Widianti, Ekawestri Prajwalita; Katherina, Ave Maria Frisa; Hidayat, Yogi
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.10.2.2025.199-216

Abstract

This study critically examines the trend of "fast-track legislation" in Indonesia, particularly focusing on the Omnibus Law on Job Creation, the IKN Law, and the 2024 Constitutional Court Law. While fast-track legislation is often used as a tool for crisis management, Indonesia’s approach raises significant concerns due to its lack of a formal procedural framework. Unlike mature democracies such as the United Kingdom, the United States, and New Zealand, which have regulated systems for expedited law-making, Indonesia’s fast-track process is largely unregulated and accelerates policy changes without proper public scrutiny. The study uncovers a troubling pattern where speed becomes a substitute for thorough deliberation, leading to a democratic deficit and allowing executive power to bypass essential checks and balances. By comparing Indonesia’s practices with those of established democracies, the research highlights that fast-track mechanisms can be effective when guided by clear legal standards, judicial review, and transparency. However, Indonesia’s current system risks undermining democratic accountability, as urgency is often used as a tool to avoid public participation and scrutiny. The article concludes by calling for the urgent codification of a transparent, participatory framework for expedited legislation within Indonesia’s existing legal structures. This framework should define criteria for urgency, ensure procedural safeguards, and prioritize public involvement, ultimately ensuring that the pursuit of speed does not come at the cost of democratic integrity.
GUARDIAN OF THE CONSTITUTION: REVIEWING THE ROLE OF THE CONSTITUTIONAL COURT Mukhlis, Muhammad Mutawalli; Masum, Ahmad; Maskun, Maskun; Arowosaiye, Yusuf Ibrahim; Djafar, Eka Merdekawati
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.10.2.2025.217-233

Abstract

The Constitutional Court of Indonesia is entrusted with safeguarding constitutional supremacy within Indonesia’s constitutional order, yet it does not possess the authority to review amendments to the 1945 Constitution. This institutional limitation creates a structural gap because constitutional amendments, despite their far reaching consequences, remain beyond judicial scrutiny. This study examines the constitutional feasibility of granting the Court authority to conduct procedural and substantive review of constitutional amendments. Using doctrinal legal research supported by comparative constitutional analysis, the article draws on Hans Kelsen’s theory of the hierarchy of norms and the Basic Structure Doctrine as developed in India and Germany to construct an evaluative framework suitable for the Indonesian context. The analysis demonstrates that the absence of judicial oversight over constitutional amendments weakens constitutional supremacy and increases the risk of democratic erosion through formally valid political processes. The article proposes a structured model of limited amendment review grounded in Indonesia’s constitutional identity, particularly the foundational principles embodied in Pancasila and the commitment to the rule of law. By articulating a contextually grounded doctrinal framework, this study contributes to contemporary debates on unconstitutional constitutional amendments and offers a normative pathway for strengthening constitutional guardianship in Indonesia.
GOVERNANCE OF MINERAL AND COAL MINING PERMITS: LEGAL DYNAMICS IN INDONESIA AND NIGERIA Tinambunan, Hezron Sabar Rotua; Istislam, Istislam; Hadiyantina, Shinta; Kusumaningrum, Adi; Nte, Ngboawaji Daniel
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.10.2.2025.234-253

Abstract

This study examines the legal construction of authority for mineral and coal mining permits in Indonesia and Nigeria, using a normative approach grounded in statutory analysis and critical legal reasoning. It examines how central regional power configurations shape the effectiveness and justice of mining-licensing governance. The study finds that Indonesia’s regulatory framework, particularly since the enactment of the Mineral and Coal Mining Law and the Job Creation Law, consolidates licensing authority at the central level, reducing regional participation and limiting protections for indigenous and local communities. Similarly, Nigeria’s centralized licensing regime generates distributional inequities, weak transparency, and persistent conflict in resource-rich regions. The comparative findings demonstrate that excessive centralization, without substantive spatial and community participation, creates governance gaps and risks legitimacy. The study concludes that mining licensing systems in both jurisdictions require reconstruction toward a participatory decentralization model that incorporates regional involvement, community rights, and ecological justice. These insights offer implications for the design of more equitable, transparent, and sustainable natural resource governance.

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