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Diponegoro Law Review
Published by Universitas Diponegoro
ISSN : -     EISSN : 25274031     DOI : -
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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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FROM PHILOSOPHY TO NORMATIVE CONFIGURATION: A SCOPING REVIEW OF INDONESIAN COPYRIGHT LAW Sugianto, Fajar; Sukardi, Ellora; Yamamoto, Atsuko
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.10.2.2025.254-276

Abstract

The development of Intellectual Property Rights (IPR) is significantly shaped by John Locke’s theory of property, along with subsequent philosophical discourse, which provides a foundation for granting exclusive rights to creators and inventors. IPR aims to balance the protection of individual interests with the greater public good, while fostering innovation. In the Indonesian context, a comprehensive legal framework and effective enforcement mechanisms are crucial to maintaining this equilibrium, particularly within the domain of copyright law. This research investigates whether Indonesia’s copyright system reflects the philosophical foundations of intellectual property, examines the integration of these principles into legal norms, and evaluates their role in supporting the growth of the national creative economy. Using a scoping review methodology, the study reveals a strong alignment between philosophical principles of ownership and Indonesia’s legal framework. This alignment highlights the dual role of copyright law: protecting individual creators' rights while stimulating a thriving creative economy. Furthermore, the research underscores the importance of balancing the interests of creators, industries, and the public. The study also explores how the Indonesian government has updated copyright legislation to better protect and promote creative industries, acknowledging the significant role of copyright in economic development. Recent policy reforms, such as the restructuring of the National Collective Management Institute (LMKN) and the digitalization of royalty databases, demonstrate a commitment to harmonizing legal practices with philosophical ideals. These reforms reflect an evolving copyright system that adapts to global dynamics, addressing technological challenges while ensuring effective protection of intellectual property rights.
DIGITAL TRANSFORMATION OF CONTRACT LAW IN UKRAINE Banasevych, Iryna; Heints, Ruslana; Kostiv, Ivan; Petechel, Nadiia
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.10.2.2025.277-293

Abstract

The rapid digitalization of society has fundamentally reshaped how contracts are concluded, executed, and disputed, particularly accelerating during the COVID-19 pandemic. While legal scholarship has addressed isolated aspects, such as the validity of smart contracts, electronic signatures, or digital property rights, there remains a significant gap in analyzing how digital tools collectively transform all stages of contractual relations. This study addresses that gap by systematically examining the legal challenges arising from digitalization, including party identification, verification of intent, probative value of electronic evidence, and liability for algorithmic decision-making. The novelty of this work lies in its integrated and comparative approach: combining doctrinal analysis of Ukrainian law, empirical case studies, and benchmarking against international standards such as the EU eIDAS Regulation and the UN Convention on Electronic Communications. The study contributes to legal science and practice by identifying inconsistencies in current regulation, evaluating the adaptability of Ukraine’s legal system to global digital standards, and proposing targeted reforms to strengthen contract law in the digital age. These findings are intended to support policymakers, practitioners, and academics in developing a more flexible, secure, and harmonized framework for digital contractual relations.
RECOLONIZING FORMAL RESTORATIVE JUSTICE: A SOCIO-LEGAL CRITIQUE OF INDONESIA’S SHIFT FROM CUSTOMARY JUSTICE TO STATE LAW Kurniawan, Ardian; K., Hendri; Hadi, Syamsu; Harahap, Anggi Purnama; Burhanuddin, Burhanuddin
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.10.2.2025.294-309

Abstract

This study critically examines the legal dynamics of restorative justice (RJ) implementation in Indonesia, focusing on the marginalization of customary legal systems as a result of state-driven formalization. While RJ is normatively intended to promote reconciliation and community-based dispute resolution, its centralization particularly through prosecutor-led Restorative Justice Houses has led to the symbolic domestication of indigenous justice practices. The central legal issue addressed in this study is the recolonization of customary law within the framework of state-administered RJ, which systematically weakens the roles of traditional mediators such as hakam and ninik mamak. Employing an empirical juridical method and a socio-legal approach, this research draws on field data from Jambi Province and offers comparative insights from RJ practices in New Zealand, Canada, and Rwanda to uncover the tension between formal legal norms and living customary law. The findings suggest that Indonesia’s RJ model reflects a form of legal recolonization rather than genuine legal pluralism. This article proposes a hybrid legal model that substantively empowers indigenous justice mechanisms within a plural legal framework. The main contribution of this research lies in its decolonial critique of state dominance in RJ practices and its proposal for a multilevel reconstruction strategy local, national, and international, that institutionalizes customary-based justice. The study is limited by its geographical scope and the absence of quantitative evaluation. Future research is encouraged to broaden regional coverage and empirically assess the effectiveness of hybrid legal models in balancing state authority with community autonomy.

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