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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 199 Documents
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FROM PHILOSOPHY TO NORMATIVE CONFIGURATION: A SCOPING REVIEW OF INDONESIAN COPYRIGHT LAW Fajar Sugianto; Ellora Sukardi; Atsuko Yamamoto
Diponegoro Law Review Vol 10, No 2 (2025): Diponegoro Law Review October 2025
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 Iryna Banasevych; Ruslana Heints; Ivan Kostiv; Nadiia Petechel
Diponegoro Law Review Vol 10, No 2 (2025): Diponegoro Law Review October 2025
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 Ardian Kurniawan; Hendri K.; Syamsu Hadi; Anggi Purnama Harahap; Burhanuddin Burhanuddin
Diponegoro Law Review Vol 10, No 2 (2025): Diponegoro Law Review October 2025
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.
DECONSTRUCTING TRADEMARK AUTHENTICITY: A COMPARATIVE STUDY OF LEGAL INTERPRETATIONS IN INDONESIA, OMAN, AND THE PHILIPPINES I Gede Agus Kurniawan; Ni Made Dyah Sukasmini Merthada; I Made Wirya Darma; Ni Gusti Agung Ayu Mas Tri Wulandari; Souad Ahmed Ezzerouali; Princess Alyssa Tee-anastacio
Diponegoro Law Review Vol 10, No 2 (2025): Diponegoro Law Review October 2025
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.10.2.2025.310-322

Abstract

This study examines the concept of trademark authenticity in Indonesia, Oman, and the Philippines through Jacques Derrida’s deconstruction theory. In trademark law, authenticity is commonly perceived as a stable attribute of a product and its origin. However, this notion is contested by the varying ways national legal systems apply trademark law. In this pluralistic context, authenticity is not a fixed legal fact but a matter of interpretation. By employing Derrida's theory, this research investigates how the meaning of authenticity is constructed, destabilized, and reconstructed across different intellectual property frameworks. It also explores how each country's legal system addresses or resists the inherent instability of trademark meanings. Using a comparative legal analysis, doctrinal research, and a post-structuralist interpretive approach, the study finds that in Indonesia, authenticity is closely tied to consumer perception; in Oman, it is linked to origin and moral identity; and in the Philippines, fairness and commercial honesty play a significant role. The novelty of this research lies in its assertion that brand authenticity is a legal construct subject to reinterpretation, challenging the notion of fixed legal definitions. The findings urge a reconsideration of national intellectual property systems, advocating for a more flexible, culturally situated view of brands that accommodates the evolving global context. This study also reveals that the legal understanding of trademark authenticity in these jurisdictions is shaped by a logocentric and hierarchical legal structure, opening space for critique of the dominance of a single legal narrative over diverse social realities. A limitation of this study is its reliance on conceptual analysis without empirical data, suggesting the need for further research through case studies to strengthen the findings.
PHILOSOPHICAL AND CONSTITUTIONAL CRITIQUE OF THE NEGATIVE PUBLICATION SYSTEM IN INDONESIAN LAND REGISTRATION Abdul Wahid; I Gusti Ayu Ketut Rachmi Handayani; Lego Karjoko
Diponegoro Law Review Vol 11, No 1 (2026): Diponegoro Law Review April 2026
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.11.1.2026.1-23

Abstract

This study analyzes Indonesia’s land registration system from a constitutional and philosophical perspective, focusing on the persistence of the negative publication system and its implications for legal certainty and social justice. By tracing the colonial genealogy of cadastral administration, the study demonstrates that land registration in Indonesia originated as a fiscal and declaratory instrument serving colonial state interests rather than as a mechanism for guaranteeing definitive land rights. This legacy continues to shape contemporary land administration, where registration records ownership claims without conferring final legal force, thereby institutionalizing systemic legal uncertainty. Using prescriptive doctrinal (normative) legal research, this study examines the 1945 Constitution, the Basic Agrarian Law (UUPA), and the regulatory framework governing land registration, supported by legal and philosophical scholarship. The analysis reveals a normative paradox within Article 19 of the UUPA: although land registration is mandated to ensure legal certainty, the negative publication system leaves land certificates perpetually vulnerable to ex post judicial annulment. As administrative decisions (beschikkingen), certificates possess formal validity but lack material finality, reducing legal certainty to conditional legality. The study further finds that the limited positive elements introduced by Government Regulation No. 24 of 1997, particularly Article 32(2), the principle of openness, and the doctrine of rechtverwerking, function only as conditional safeguards and fail to ensure legal finality in practice. From a constitutional standpoint, this system is incompatible with Articles 28D(1) and 33(3) of the 1945 Constitution and with the Pancasila principle of social justice. The novelty of this research lies in its integrated constitutional philosophical critique, which justifies reconstructing Indonesia’s land registration system toward a positive publication model as a constitutional necessity to restore legal certainty, protect citizens’ land rights, and strengthen public trust in land administration.
DECENTRALIZATION AND LEGAL FRAGMENTATION: GOVERNANCE CHALLENGES IN THE POST-REFORM ERA Yusdiyanto Yusdiyanto; Tatiana Epifanova
Diponegoro Law Review Vol 11, No 1 (2026): Diponegoro Law Review April 2026
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.11.1.2026.24-37

Abstract

Post-reform decentralization in Indonesia has become pivotal for reinforcing democracy and improving governance. Implementation over two decades has led to serious problems, particularly legal fragmentation and regional governance disparities. In this article, we aim to explore the relationship between decentralization and legal fragmentation, and its implications for governance in the post-reform era. To this end, we use a combination of doctrinal and non-doctrinal approaches, with the primary emphasis remaining on the doctrinal method. Analysis, including national regulations, court decisions, government reports, and national and international academic research. The results highlight three main findings. First, decentralization has successfully nurtured local democratization through direct regional head elections and increased public participation, even though the practice of money politics and the dominance of local elites continue to pose challenges. Second, regional autonomy has resulted in legal fragmentation, marked by thousands of problematic regional regulations, either revoked for conflicting with higher-level regulations or for being discriminatory and impeding investment. Third, governance faces multidimensional challenges, including weak institutional capacity, a tug-of-war over central and regional authority, and corruption in several regions. This research provides a critical analysis of the dynamics of decentralization in Indonesia, underscoring the urgency of legal harmonization, institutional design, and regional government capacity. Accordingly, decentralization does not only symbolize democratization but can also be instrumental for strengthening legal certainty and governance.
DETERMINING LEGAL STATUS AND LIABILITY OF AUTONOMOUS ARTIFICIAL INTELLIGENCE SYSTEM IN ISLAMIC SMART CONTRACTS Ahmad Saparwadi; FX Joko Priyono; Ro'fah Setyowati
Diponegoro Law Review Vol 11, No 1 (2026): Diponegoro Law Review April 2026
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.11.1.2026.38-67

Abstract

The rapid development of artificial intelligence has given rise to autonomous systems capable of performing acts with legal consequences, particularly through smart contracts. This development presents a fundamental challenge to Islamic contract law: whether autonomous AI can possess the legal capacity required to become a contracting party and how liability arising from its acts should be determined. To address these questions, this study employs doctrinal legal research using philosophical and conceptual approaches. Primary, secondary, and tertiary legal materials were collected through documentary research and examined using argumentative legal analysis. The findings demonstrate that autonomous AI does not satisfy the requirement of al-‘āqil, namely a rational legal subject possessing full ahliyyah al-adā’ or legal capacity to perform legally valid acts, as attributed to human beings. Nevertheless, this study advances a novel argument based on qiyās al-adnā by analogizing the operational status of autonomous AI to the classical legal position of an authorized slave, or ‘abd ma’dhūn, who acts with the permission of his master. On this basis, autonomous AI may be understood not as an independent legal person, but as a non-human instrument operating within a delegated authority. Consequently, the validity of smart contracts may be recognized through the concept of wakālah muqayyadah, while liability for the AI’s acts is attributed to the principal or muwakkil. In cases involving multiple parties, this study further proposes the integration of kafālah and takāful as mechanisms for allocating and collectively managing liability.
HUMAN RIGHTS PROTECTION IN ARTIFICIAL INTELLIGENCE GOVERNANCE: COMPARATIVE LESSONS FOR INDONESIA’S REGULATORY FRAMEWORK Adhika Mahindra Satya; Radian Salman; Rosa Ristawati; Haryono Haryono; Ahmad Shabudin Ariffin
Diponegoro Law Review Vol 11, No 1 (2026): Diponegoro Law Review April 2026
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.11.1.2026.68-93

Abstract

The rapid development of artificial intelligence (AI) has raised significant concerns regarding the protection of human rights, particularly in relation to privacy, non-discrimination, accountability, and legal certainty. This study examines regulatory gaps in Indonesia’s AI governance from a human rights perspective and proposes regulatory recommendations through a comparative analysis of legal frameworks in the European Union (EU), China, and the United States (U.S.). Employing doctrinal legal research, this study applies statutory, conceptual, comparative, and case-based approaches. The findings reveal that, although Indonesia has adopted several legal instruments relevant to digital technologies, including the Electronic Information and Transactions Law and its amendments, the Personal Data Protection Law, and various ethical guidelines, these instruments were not specifically designed to address the distinctive risks associated with AI systems. In particular, the absence of clear AI-specific definitions, risk-classification mechanisms, algorithmic transparency and audit requirements, mandatory human oversight, and rules on synthetic-content labeling creates substantial regulatory gaps that may undermine effective human rights protection. Comparative analysis indicates that Indonesia could draw on the EU AI Act’s risk-based regulatory framework, human oversight requirements, and transparency obligations; China’s approach to algorithm governance and synthetic-content labeling; and the U.S. sectoral model, particularly the Colorado AI Act and state privacy laws addressing transparency and discriminatory outcomes in automated decision-making. This study argues that Indonesia should establish a dedicated AI regulatory framework incorporating clear legal definitions, risk-based classification, algorithmic auditing, meaningful human oversight, transparency requirements, and synthetic-content labeling. Such a framework is essential to ensure that the development and deployment of AI systems remain consistent with human rights protection and legal certainty within Indonesia’s national legal order.
MEDIA BLACKOUT IN INDONESIAN CRIMINAL JUSTICE SYSTEM: HOW SHOULD IT BE FORMULATED? Peter Jeremiah Setiawan; Elfina Lebrine Sahetapy; Bhanu Prakash Nunna
Diponegoro Law Review Vol 11, No 1 (2026): Diponegoro Law Review April 2026
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.11.1.2026.94-110

Abstract

Indonesia’s criminal justice system recognizes closed court hearings, yet it lacks a media blackout mechanism capable of restricting the dissemination of case information beyond the courtroom. This normative gap weakens the protective purpose of closed proceedings because victims’ identities, evidentiary materials, and sensitive information may still circulate through journalistic and non-journalistic media. This article examines how a media blackout should be formulated within Indonesia’s criminal justice system. Using a doctrinal method, the study analyzes legislation, legal doctrine, human rights principles, victimology, and comparative practices from the United Kingdom, Canada, and Australia. The analysis finds that a media blackout should be treated as an exceptional restriction on freedom of expression, access to information, press freedom, and the right to a fair and open trial. Its application should therefore be limited to three fundamental grounds: protection of national security and confidential state information; protection of victims, particularly children and victims of sexual violence; and protection of law-enforcement or criminal-justice interests. The blackout may take the form of temporary or permanent restrictions on publication concerning subjects or proceedings. To prevent arbitrariness, its implementation should require prior judicial authorization and provide an objection mechanism through pretrial proceedings. Courts should apply necessity and proportionality tests to determine whether no reasonable alternative can prevent serious harm and whether the protective benefits outweigh the adverse impact on individual rights, press freedom, open justice, and effective criminal adjudication.

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