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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 193 Documents

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LEGAL POLITICS IN THE AMENDMENT OF REGIONAL HEAD ELECTORAL LAW Fayreizha Destika Putri; Ani Purwanti
Diponegoro Law Review Vol 3, No 1 (2018): Diponegoro Law Review April 2018
Publisher : Fakultas Hukum, Universitas Diponegoro

Legal politics means that in every legislations are the result of political calculation from actors in legislative-making. The political context regarding the issue such legislation is based upon has a profound effect in the changing course of that legislation. This paper explores the political calculation, thus legal politics, behind the promulgation of Pilkada (regional leader election) law. It is found that there are two fundamental context within the promulgation of Pilkada; civil society and political party. On the former issue, Pilkada law is intended to encourage more public participation in election as to which the system has been revolutionized into a direct type of election. Meanwhile, the political party tends sought a regulation that will ease their voter mobilization. However, the problem emerges when people starts disinterested with the election which has been stained with dirty competition and nepotism. One can argue that if this problem has not been solved in the foreseeable future, the negative impact will be a disarray of social harmony divided by politically-driven social categories.

THE DIRECTION OF SPACE REGULATION IN GLOBAL DYNAMICS Agus Pramono
Diponegoro Law Review Vol 2, No 2 (2017): Diponegoro Law Review October 2017
Publisher : Fakultas Hukum, Universitas Diponegoro

Space regulation initially acts as the orientation for activities in space which primarily concerns with research and development. As space exploration progresses, the regulation took a more practical direction which covers not only civil but also commercial activities. In line with this, development in commercial space activities took place such as telemetrics, remote sensor, space transportation, space industry, space tourism, space insurance, etc. To ensure that the commercialization of space activities is performed in a peaceful and safe manner as well as in ways that benefit all people, regulations in the form of anticipative laws are needed. These measures cover legal issues. Space commercialization is closely related to many aspects of life such as politics, social, economy, and security and defense which have been experiencing rapid development in that the presence of regulation for modern space law regime becomes an absolute necessity.

CONCEPT AND APPLICATION OF AKAD WAKALAH IN MURABAHA FINANCING IN ISLAMIC BANKING (A COMPARATIVE STUDY BETWEEN INDONESIA AND MALAYSIA) Bagya Agung Prabowo; Jasri Bin Jamal
Diponegoro Law Review Vol 2, No 1 (2017): Diponegoro Law Review April 2017
Publisher : Fakultas Hukum, Universitas Diponegoro

Islamic banks have grown stronger by continuing to provide innovative products and services to successfully increase the number of customers. So far, the majority of financing by Islamic banks controlled by murabaha financing almost 80% - 95%. In the bank's murabaha scheme as the seller (ba’i) to purchase necessary items and then resell it to customers, clients (musytari) with a sales price equivalent to the purchase price and profitability of banks. In reality, Islamic banks using wakalah empower customers to purchase their goods. Step wakalah apply concepts to customers is unwise because MUI Fatwa No.04 / DSN-MUI / IV / 2000 has determined that the sale of murabaha contracts made after the goods become the property of Islamic banking principles. The main problem in Indonesia is that there are legal provisions that are not in harmony and not based on actual consumer rights. It is geared toward legal uncertainty. To overcome various problems, this research adopted the method of analysis based on doctrinal content, by implementing four types of approaches to the law, namely: (i) history / historical; (ii) Jurisprudence / philosophy; (iii) comparison; and (iv) analytical and critical. In addition, harmonized approach is also necessary for legislative alignment with Islamic philosophy and the philosophy of consumer protection. By making Malaysia as a reference, this thesis aims to identify the application wakalah perspective and consumer protection improvement in Indonesia. In addition to this, the restructuring of the existing system in Indonesia is required by legislation harmony, improvement and diversification of institutional oversight mechanisms Islamic banking operations

THE PROLIFERATION SYMPTOMS OF POLITICAL DYNASTIES IN BANTEN UNDER THE ERA OF GOVERNOR RATU ATUT CHOSIYAH'S Agus Sutisna
Diponegoro Law Review Vol 2, No 2 (2017): Diponegoro Law Review October 2017
Publisher : Fakultas Hukum, Universitas Diponegoro

Since forming into independent provinces, apart from West Java, Banten political life was marked by the strengthening of the symptoms of a political dynasty, both at the provincial and district and city. At the provincial level, the dominance of the local strongmen, Tb. Chasan Sochib in political of Banten very prominent and managed to put his son, Ratu Atut Chosiyah the governorship for almost two periods (2006-2011 and 2011-2014). Post success in occupying the post of governor, hypothetically Ratu Atut successfully build and develop a political dynasty to the various arenas of public life. This research was carried out on the object of governance and practices of government power governor of Banten province, with the aim to identify and explain how the practice of political dynasties or political kinship in Banten province in the era of the leadership of Governor Ratu Atut Chosiyah proliferate (distribution, diasporic) in various arenas of public life. This study used a qualitative approach, the method of collecting data and information through interviews, triangulation, literature and documents. The results showed that the practice of political dynasties in the era of the leadership of Governor Ratu Atut Chosiyah in Banten show any symptoms of the spread (proliferation, diasporic), not only in the realm of executive and legislative power, but also spread in many arenas of life of society, such as the arena business life, socio-cultural, educational, and organizational.

SHARIA GOVERNANCE ON ISLAMIC BANKING: SPIRITUAL RIGHTS PERSPECTIVE ON CONSUMER PROTECTION IN INDONESIA Ro’fah Setyowati; Lastuti Abubakar; Nunung Rodliah
Diponegoro Law Review Vol 2, No 1 (2017): Diponegoro Law Review April 2017
Publisher : Fakultas Hukum, Universitas Diponegoro

Governance is a trait that should be attached to the institutions that perform public services. In Islamic banking, known as sharia governance, so that the principles of sharia could be optimized. But in reality, the Islamic banking practices do not meet the basic principles of the sharia governance. Based on these problems, this paper aims to examine in depth about the urgency of sharia governance; further it also explore the intersection between the sharia governance with the concept of spiritual rights for consumers. This paper using a philosophical approach, juridical, and practical. The result of this study, as a right, that right of spiritual need to get the guaranteed protection of the implementation of sharia governance. Attention to these spiritual rights protections needed to build the Islamic banking industry has high credibility, in order to gain public confidence. Credibility is meant is that if customers have confidence that Islamic banking upholds Islamic principles in operation

RECOGNITION OF ILLEGITIMATE CHILDREN IN VARIOUS LAWS IN INDONESIA Yunanto Yunanto
Diponegoro Law Review Vol 2, No 1 (2017): Diponegoro Law Review April 2017
Publisher : Fakultas Hukum, Universitas Diponegoro

In any regulations in Indonesia, there are differences in the inherent status and rights between legitimate and illegitimate children. Consequently, it surely affects the relationship between the children and their parents. Illegitimate children only have the civil relationship with their mothers. In order that the illegitimate children have a certain relationship with their biological fathers, it requires a legal action in the form of the recognition of biological father. However, there are legal ambiguities in the regulations that govern the institution of the recognition of children as stated in the Indonesian Civil Code, Law No. 23 of 2006 in conjunction with Law No. 24 of 2013, and the Decisions of the Constitutional Court No. 46/ PUU-VIII/ 2010 as a corrective provision to the Marriage Law (UUP), and the Islamic Law Compilation (KHI). The legal effects are: the discrimination derived from legal injustice and certainty in the implementation of the child recognition.

JUSTICE A YEARNING IN THE IMPLEMENTATION OF THE CONTRACT IN THE SOCIETY Siti Malikhatun Badriyah
Diponegoro Law Review Vol 2, No 1 (2017): Diponegoro Law Review April 2017
Publisher : Fakultas Hukum, Universitas Diponegoro

The contract is very important in the life of society in the activities of economy, especially since the Foundation in various business activities. The contract is based on the agreement that creates a legal relationship between debtor and creditor. On the other hand often arise out of various problems in the contract, especially concerning the imbalance of legal relationship between the parties. The existence of an imbalance that ultimately gives rise to injustice. Even to this day still be a yearning for Justice, has not realized in various implementation contract in Indonesia

REVEALING RELATIONSHIP CAPITALISM, DEMOCRACY AND GLOBALIZATION IN CRITICAL LEGAL STUDIES APPROACH FX.Adji Samekto
Diponegoro Law Review Vol 2, No 1 (2017): Diponegoro Law Review April 2017
Publisher : Fakultas Hukum, Universitas Diponegoro

The dominance of global capitalism is the result of a long historical process in Western Europe since the Enlightenment in the seventeenth century, the philosophers led by a very large influence on the political-economic thought and legal relationship with the state and its citizens.Capitalism and free market mechanisms become increasingly strong with sustained legal concept of rule of law. The principle of the rule of law actually originally not intended to be a means of achieving public objectives or to solve the problems of society such as the problem of poverty. Rule of law is intended to create a stable structure for individuals and businesses associated with economic activities.Linkage between laissez faire, the rule of law is logically implicated in the growth of the view that the existence of the state is to protect the free market. That is phenomena of globalization. The dominance of the rules of law which is intended to facilitate the interests of the free market encourage the implementation of adjustment programs by the state in Third World. As a result, however, it become difficult to realize policies in favor of poverty, meeting basic needs and alignments on the rights of local communities, the embodiment of social justice and environmental protection.

THE PARENTAL RESPONSIBILITY CONCEPT IN REPLACING CRIMINAL RESPONSIBILITY OF CHILD TO PARENT (THE STUDY OF INDONESIAN TRIBES CULTURE IN LAMPUNG AND AGA BALINESE TRIBES) Umi Rozah
Diponegoro Law Review Vol 2, No 2 (2017): Diponegoro Law Review October 2017
Publisher : Fakultas Hukum, Universitas Diponegoro

Crime is some action which declared that it should not be done by anyone, no matters adults, juveniles or child. Anyone should be punished if he/she has done any crime which harmed or injuried someone or violated social order, as that was formulated in an Act and threated by punishment. An interesting question here are : How is the roles of parents in liability for any crimes which done by her/his child? Why the parents should endure liabilities for any crime that he/she did not do it but just for child that may be they know nothing about that.This written based on research which is performed in Lampung Tribe Society and Balinese Tribe Society. Law is a mirror of society become an entry poin to access and to understand how cultures both of Lampung and Balinese Tribes Society to solve any crime that was done by the child . Here, the author wrote based on the penal codes Cepalo Walu Ngepuluh which is prevailing in Lampung Tribes Culture and Kitab Manawa Dharmacastra which is applying at Balinese Tribes Culture.This method research was performed by sociol legal research approach, that mixed socio research approach to search values of both tribes society behavior in resolve the matters or crimes which was done by juveniles in the one hand, and in the other hand this research used libraries approach to search any documents or any literatures that be related with how to resolve any crime was done by a juvenile.This article is very interesting because in Indonesian Penal Codes did not impose parental responsibility for the child’s offence . So this article could be the way out to relocating the child’s criminal responsibility to his/her parents.

LEGAL PROTECTION TO INDIVIDUAL RIGHTS IN LAND PROCUREMENT FOR PUBLIC INTEREST Aartje Tehupeiory
Diponegoro Law Review Vol 2, No 1 (2017): Diponegoro Law Review April 2017
Publisher : Fakultas Hukum, Universitas Diponegoro

In principle land procurement is done by a method that between the party requiring land and the right owner of land, whose land is required for public interest, under the principle applicable on land control and legal protection provided by the national law on land to the right to the land holders. In the legislation setting forth the land procurement for public interest a fair treatment is given to individual right so the legal protection and certainty for individuals in land procurement can be achieved. However, in the implementation the empirical cases get insufficient protection and fair treatment. There is no balance, equitability and harmony between the state’s right to control and protection to individual’s property right. On one side, the development for public interest is in an urgent need of sufficient lands, but on the other side individuals also need land for their life continuity. If by reason of development, the land is forcefully confiscated, it means ignoring the protection to individual right on land. Consequently, individuals and community get inadequate justice and protection, legal certainty. This writing is intended to analyze the role of legal protection to individual right in land procurement for public interest. By applying the statute approach method, the state’s role in providing legal protection to its citizens can be learnt. In conclusion there is lack of protection and respect to individual right and community provided on proportional basis because the delegation of state’s land control authority gives impression of extremely wide and great power.

Page 3 of 20 | Total Record : 193

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