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Diponegoro Law Review

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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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MODEL OF BUSINESS ACTIVITIESS OF MICROFINANCE INSTITUTIONS IN INDONESIA Etty Mulyati; Kartikasari Kartikasari; Rai Mantili; Nun Harrieti
Diponegoro Law Review Vol 2, No 2 (2017): Diponegoro Law Review October 2017
Publisher : Fakultas Hukum, Universitas Diponegoro

Micro Finance Institutions (LKM) as non-bank financial institutions, are growing very rapidly in Indonesia. A very large number and scope of business in villages/sub-districts and sub-districts or districts can play a role in an inclusive financial program. The existence of LKM operation much help expand employment and improve the welfare and improving the economy and productivity of the people, especially low-income communities. The problem is how to model the business activities of LKM in Indonesia. This research will use normative juridical approach method, with analytical descriptive research specification. In an effort to provide financial services, which are intended for low-income communities and do not have access to bank financial institutions. LKM can bridge the problems of micro business access to capital is needed in business development. LKM has a different character with the other financial sector businesses, because it is not solely intended for profit. LKM business activities can be done in a conventional or sharia, includes loan/financing for micro enterprises for capital needs in business development, and management of deposits in an effort to bring awareness to the community's fond of saving, besides that LKM also provide consulting services for the purpose of business development community empowerment. To provide legal certainty for the LKM service user community, LKM institutions are regulated in LKM Laws, according to the law the LKM must be a legal entity of the Cooperative or Limited Liability Company Fostering, regulating, and supervising and licensing of LKM is performed by the Financial Services Authority (OJK).

CRIMINAL JUSTICE SYSTEM IN ERADICATION OF CORRUPTION IN INDONESIA Bambang Dwi Baskoro; Hartiwiningsih Hartiwiningsih; Hari Purwadi
Diponegoro Law Review Vol 3, No 1 (2018): Diponegoro Law Review April 2018
Publisher : Fakultas Hukum, Universitas Diponegoro

Criminal Justice System in eradication corruption is spesialisation in around General Trial, not yet the same as Usually Criminal Justice System. It’s not integrated like normal criminal justice system, because each other institution work in criminal justice system itself so appearance the fragmentaris and egosectoral.The regulating in Law is criminal justice systemsin eradication corruption emplacedCorruption Eradication Commission ( KPK) as coordinator, supervision, trigger mechanism institution besides as investigators and prosecutor corruption.

LEGAL IMPLICATION OF THE AUDIT BOARD OF INDONESIA ON MANAGEMENT AUDIT AND FINANCIAL LIABILITY OF THE STATE AGAINST STATE-OWNED ENTERPRISES Henny Juliani
Diponegoro Law Review Vol 3, No 1 (2018): Diponegoro Law Review April 2018
Publisher : Fakultas Hukum, Universitas Diponegoro

The objectives of tis research is to find out implication of BPK (Auditor Board of Republic of Indonesia) in the implementation of auditing and responsibility of state finance which is manage by state own company as regulated by national regulations. This study used normative juridical and analytic descriptive approach. The study indicated that BPK has authorities to conduct finance audit and control and ask responsibility to BUMN management board because assets of BUMN is belonged to state assest although the assests is separated, it cannot be converted to be BUMN assest. Its juridical implication, there is not transformation from state finance to private finance in managing separated state assests, consequently BPK as independent external auditor has authority to audit professionally.

Table of Content and Editorial Diponegoro Law Review
Diponegoro Law Review Vol 3, No 1 (2018): Diponegoro Law Review April 2018
Publisher : Fakultas Hukum, Universitas Diponegoro

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Diponegoro Law Review, April 2018, Volume 03, Number 01Table of ContentEditorial

REPOSITION OF WIDOW BY DEATH DIVORCE IN BATAKNESSE INHERITANCE LAW FROM GENDER PERSPECTIVE Amri Panahatan Sihotang
Diponegoro Law Review Vol 3, No 1 (2018): Diponegoro Law Review April 2018
Publisher : Fakultas Hukum, Universitas Diponegoro

This journal is to study the reposition of widow in traditional Batak’s hereditary law by using gender approach. The Batak’s hereditary Law, tends to be referring to patrilineal kinship which is determined from the line of father’s or husband’s descent so the Widow is not the beneficiary of the husband but the son in the Batak’s ethnic and culture. Along with the current development and important role of a mother/woman in family life, it is important to re-study more deeply the position of a widow in Batak’s hereditary law and some related theories which one of themis gender approach .This is considerably important because there are some modern thinker related to customary law who intend to renew the law especially the beneficiary for the sake of gender equality in the current ages by bilaterally repositioning widow to the national hereditary law . By Educating Batak’s hereditary law from gender perspective, the Batak’s ethic will be able to critically think and flexibly find solution to share the property by positioning the widow as the beneficiary or the heir.

THE INDONESIAN DISABILITY NATIONAL COMMISSION AS A STRATEGIC POLICY IN FULFILLING THE RIGHTS OF PEOPLE WITH DISABILITY Galuh Wahyu Kumalasari
Diponegoro Law Review Vol 2, No 2 (2017): Diponegoro Law Review October 2017
Publisher : Fakultas Hukum, Universitas Diponegoro

The disability or different ability is every people who had physical limitation, intellectual, mental, and/or sensory for a long time in interacting with their environment, could run into obstacles and difficulties to participate in full and effective with other citizens by equality rights. The law 8/2016 about people with disability is being law enforcement to fulfill the rights for the people with disability. Social Affairs Ministry through the Social Directorate of Disability Rehabilitation is the instrument of the state to implement the fulfillment of the rights. This writing is used normative juridical method to dig the formation policy of the National Commission with Disability to guarantee the disability rights. This study found that function given to social affairs ministry actually flawed, considering rights of people with disabilities is not simply about economic needs, but also the right to life, health, education, accessibility, political, and others. There are so many disabilities in various areas experienced discrimination and treated very inhuman, not only related accessibility but also about neglect practices and put the people with disabilities in a stocks. The formation of a national commission with disability as instructed in article 131-134 Act 8/2016 is very urgent to crystallize, so the implementation of the disability rights can be optimized. The formation of the national commission with disability will give certainty of a special institution that focus to handle and ensure the fulfillment rights of people with disabilities as citizens.

PROGRESSIVE LAW REVEALED: A LEGAL PHILOSOPHICAL OVERVIEW Erlyn Indarti
Diponegoro Law Review Vol 3, No 1 (2018): Diponegoro Law Review April 2018
Publisher : Fakultas Hukum, Universitas Diponegoro

Progressivism is in essence the principles, beliefs, or practices of progressives, i.e. ones believing in moderate social and political progress in the human condition by means of governmental action. Today’s progressives still fail to offer a coherent account of their core philosophy. They are identified more often by 'what it is not' than by 'what it is'. Progressive law requires the state to embrace a boundless function and use its power to tell people what they must and must not do so as to allow them to get hold of their desired affluence. This concept is embodied in the legal principle Malum Prohibitum. Legal philosophical overview reveals that with this principle progressive law may have the potential to manufacture a system of laws that excessively empowers the state so that liberty is crushed and the light of a free society is replaced with the darkness of tyranny.

COMMUNITY TRENDS TO CHOOSE THE SHARIA ECONOMIC SETTLEMENT AGREEMENT Rabith Madah Khulaili Harsya
Diponegoro Law Review Vol 3, No 1 (2018): Diponegoro Law Review April 2018
Publisher : Fakultas Hukum, Universitas Diponegoro

The tendency of people to choose the Sharia Economic Dispute Settlement Institution. The facts of the lack of sharia economic case submitted and decided by litigation and non-litigation institutions are the background of the research. This research is a kind of explorative research that uses qualitative approach to mengunggkap legal facts in the context of sharia economy. Data in the form of questionnaires / questionnaires processed only to describe the percentage percentage of the economic tendency of sharia community to choose dispute settlement institutions. This description is a preliminary data that lead researchers to explore the points of question needed in the interview between the results of quantitative data processing with the facts on the ground shows that people choose various options in solving the dispute sharia economy.

PROTECTION AND REHABILITATION FOR WOMEN VICTIMS OF VIOLENCE ACCORDING TO INDONESIAN LAW (STUDY ON CENTRAL JAVA GOVERNMENT'S HANDLING THROUGH KPK2BGA) Ani Purwanti
Diponegoro Law Review Vol 2, No 2 (2017): Diponegoro Law Review October 2017
Publisher : Fakultas Hukum, Universitas Diponegoro

Based on the report of Indonesia’s National Commission of Women Rights, the data of violence against women in 2017 are distributed as 10205 cases of domestic violence (75%), 3092 cases in community level (22%), and 305 cases in nation sphere (3%). Domestic violence is the most occurred violence with 4281 cases of physical abuse (42%), followed by 3495 cases of sexual abuse (34%), 1451 cases of psychological abuse (14%), and 978 cases of economic abuse (10%). There are 3092 cases of violence in community level, where sexual abuse is placed in the first rank with 2.290 cases (74%), followed by physical abuse with 490 cases (16%), psychological abuse with 83 cases (3%), violence to migrant labor with 90 cases (3%), and trafficking with 139 cases (4%). The data in Central Java since 2014 until April 2017 noted 5881 victims of violence, consisting of 4724 female and male victims. The data showed that there are 5163 male and 425 female offenders in the violence cases.The fulfillment of the rights for women to get the protection and rehabilitation, especially to get quality, comprehensive, and continuous rehabilitation is urgently required. The regulation to protect and rehabilitate women as the victims of violence exists, although the implementation is not enough.This research used socio-legal approach; an approach overviews the legal and social aspect in observing and finding solution related to the problems in this research.Legal protection to women as the victims of violence exists in the Law and Regulation in Indonesia (Law of Domestic Violence, Law of Trafficking, Law of Victim and Witnesses Protection), while the rehabilitation to violence against women includes medical services, legal aid services, legal enforcement services, legal re-socialization, shelter service, home security services, and counselling services.

JUSTICE IN MANY ROOMS IN SHARIA BANKING DISPUTE RESOLUTION TO ACHIEVE JUSTICE Nita Triana; Deddy Purwinto
Diponegoro Law Review Vol 3, No 1 (2018): Diponegoro Law Review April 2018
Publisher : Fakultas Hukum, Universitas Diponegoro

This paper examines the dispute resolution of Sharia Banking. The method is a non-doctrinal legal research using qualitative research and Socio Legal approach. Sharia banking cannot be separated from the problems between the banking and the Customer. This problem is calledproblematic financing. The resolution of problematic financing of sharia banks in litigation is now the absolute authority of the Religious Courts. The downside of litigation settlement usually takes a long time, the need for proof, the cost is quite expensive and the result is winningor lost. Therefore, the settlement of sharia banking is very rarely resolved through litigation. Alternative Dispute Resolution is a choice of dispute settlement chosen by Sharia Banking. The first stage isto carry out negotiation between all parties, namely Banking (lender) and The Customer (Debtor) in the form of warning and guidance. If it does not succeed, there will bedebt restructuration. The second step is mediation, in the form of consultation with third party as a mediator. The mediation determines the rescue process of debt by Banks when a debtor is still unable to return his debt, executed by the bank. According to Marc Galanter these various dispute resolutionsis called justice in many rooms. In Islamic Law it is known as Sulh (peace). However, to a large extent this non-litigation settlement is more satisfactory to both parties in resolving the dispute because it senses fairness and a win-win solution.

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