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<![CDATA[DECISION ON THE CIVIL EXCEPTION DEVIATES FROM ARTICLE 136 HIR (ANALYSIS OF THE DECISION OF PN SEMARANG NUMBER: 73/Pdt.G/2010/PN.SMG) ]]>
<![CDATA[Mochammad Dja’is]]>
<![CDATA[ Diponegoro Law Review Vol 2, No 2 (2017): Diponegoro Law Review October 2017 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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DOI: 10.14710/dilrev.2.2.2017.43-55
<![CDATA[Exceptions should be examined and decided along with the subject matter (Article 136 HIR). The Semarang District Court (PN Semarang) has cut a separate exception from the principal issue of the case. The purpose of the study to know whether exactly the decision of PN Semarang. Data were obtained through literature study and participant observation. Based on the qualitative analysis known, the decision of the exception separated from the principal case by PN Semarang is appropriate. The makers of the National Civil Law Procedure should determine, the decision of the exception is left to the judge's discretion.]]>
<![CDATA[JUVENILE JUSTICE SYSTEM THROUGH DIVERSION AND RESTORATIVE JUSTICE POLICY ]]>
<![CDATA[Dyah Listyarini]]>
<![CDATA[ Diponegoro Law Review Vol 2, No 1 (2017): Diponegoro Law Review April 2017 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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DOI: 10.14710/dilrev.2.1.2017.168-184
<![CDATA[Indonesia as a state of law has ratified several international human rights instruments, especially the Convention on the Rights of the Child, in which the state should ensure the protection, respect, fulfillment, promotion, and enforcement of children's rights. In fact, many children have been treated unjustly in the fulfillment of their rights when conflicting with the law. Methods of legal protection of the rights of children conflicting with the law are based on the provision that “every child has the right to survive, grow and develop as well as the right to protection from violence and discrimination”. Other ways to protect children’s rights may also include the policy that children conflicting with the law should be treated humanely in accordance with their dignity and rights; special personnel should be provided for their companion and counseling; sanctions should be appropriated for the best interests of the children; and special facilities and infrastructure for children should be equally provided. This means that appropriate sanctions should hence be supported through the process of resolving cases using the principle of “diverse and restorative justice The concept of diverse and restorative justice can be applied to the crime of under 7th-year punishments and non-repeated crime. Methods for handling children who have conflicts with the law have hitherto emphasized on normative juridical processes such as investigation, prosecution, and examination of the case by the judge (in court). The processes, however, have not guidelines or technical manuals for law enforcement officers to implement the non-litigation settlement for children cases]]>
<![CDATA[THE ROLE OF JUSTICE COLLABORATOR IN UNCOVERING CRIMINAL CASES IN INDONESIA ]]>
<![CDATA[Hambali Thalib]]>;
<![CDATA[Sufirman Rahman]]>;
<![CDATA[Abdul Haris Semendawai]]>
<![CDATA[ Diponegoro Law Review Vol 2, No 1 (2017): Diponegoro Law Review April 2017 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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DOI: 10.14710/dilrev.2.1.2017.27-39
<![CDATA[The purpose of this research is to study the role of justice collaborator in uncovering who is the mastermind behind a major crime in the act of criminal law, and also not only end on a minor defendant (field defendant). The empirical law research methods is conducted on the Commission Eradication Commission (KPK) and the Witness and Victim Protection Agency (LPSK). The results shows that the role of justice collaborator facilitates the verification in the criminal judicial process in order to totally reveal the well-organized transnational crime. In this context, corruption in Indonesia is committed collectively, the existence of regulations on justice collaborator is a legal instrument that is expected to strengthen the collection of Form of Evidence dan Real Evidence at the trial]]>
<![CDATA[DEMOCRATIC CHALLENGES OF INDONESIA IN THE SOCIAL MEDIA ERA ]]>
<![CDATA[Nunik Nurhayati]]>;
<![CDATA[Rohmad Suryadi]]>
<![CDATA[ Diponegoro Law Review Vol 2, No 2 (2017): Diponegoro Law Review October 2017 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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DOI: 10.14710/dilrev.2.2.2017.105-114
<![CDATA[The era of social media today bring significant change to democracy in Indonesia. Social media can to bring the expansion of the public space in cyberspace, citizens can directly deliver aspirations regarding the state policy. However, on the other side, social media vulnerable to abuse because of many the anonymous account, which acts as the buzzer political influence public perceptions and to get political support but is not elegant way. This shows, social media provides a challenge to democracy, including Indonesia as a third largest country that has access to the social media in the world's. Based on it’s the problems, this research aims to identify the impact of the social media on democratic life, and how the challenges of democracy in Indonesia ahead in the social media today.This Research using qualitative methods. Data collection through the study of literature. Then analyzed with a critical discourse analysis. The results of the study showed that the impact of social media in Indonesia has brought problems such as hoax, which is currently a serious concern of the government. Attempts were made through the campaign against hoax and make regulation, Information and Electronic Transactions Law (ITE Law), which aims to regulate the use of social media and to prevent hoaxes. The life of democracy in Indonesia receive significant challenges,but of the repressive laws against users of social media may actually weaken the democratic life in Indonesia.]]>
<![CDATA[THE FUNCTION OF IDEAL LAW IN PREPARATION REGULATION LEGISLATION IN ORDER TO CREATING EQUITABLE REGIONAL DEVELOPMENT ]]>
<![CDATA[Retno Saraswati]]>
<![CDATA[ Diponegoro Law Review Vol 2, No 1 (2017): Diponegoro Law Review April 2017 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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DOI: 10.14710/dilrev.2.1.2017.114-122
<![CDATA[Indonesia as a country that adheres to the concept of the welfare of the duty of the welfare, in order to achieve the necessary guidance in the formation of the law, in the form of legal ideas. Indonesia has set a goal of Pancasila as the law, which includes the noble values developed from their own community. Efforts to create equitable regional development can be achieved through legislation that is based on the ideals of the law.]]>
<![CDATA[LEGAL STUDY ON THE FOUNDATION OF THE FLAT OWNERS AND RESIDENTS ASSOCIATION(PPPSRS) ]]>
<![CDATA[R. Suharto]]>;
<![CDATA[Yudhi Hendra Kristian]]>
<![CDATA[ Diponegoro Law Review Vol 2, No 2 (2017): Diponegoro Law Review October 2017 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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DOI: 10.14710/dilrev.2.2.2017.15-25
<![CDATA[Practically, many developers did not facilitate the foundation of the flat owners and residents association (PPPSRS) as what has been regulated in Law No.20/2011 on Flats. Many owners or residents of flats do not really care on the responsibility of creating PPPRS based on article 74 number 1. The researcher wanted to know the lawful effects to the developer after the absence of PPPSRS and the lawful follow up should be done in the end.]]>
<![CDATA[LEGAL POLITICS OF PROTECTION OF INDONESIAN TRADITIONAL CULTURAL EXPRESSIONS / FOLKLORE ]]>
<![CDATA[Kholis Roisah]]>
<![CDATA[ Diponegoro Law Review Vol 2, No 1 (2017): Diponegoro Law Review April 2017 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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DOI: 10.14710/dilrev.2.1.2017.185-202
<![CDATA[This research discusses about the politics of legal protection of traditional cultural expressions/ folklore in Indonesia. It is important to note that the protection of traditional cultural expressions is necessary in order to form a national identity. Protecting traditional cultural expressions legally can also be the indication of civilization in order to force the state to conduct its obligation to develop national culture. The method of approach used in this study was non doctrinal or socio-legal approach. From the result of the research, it is found that first, constitutionally, politics of legal protection of traditional cultural expressions has obliged a state to develop its national culture, guarantee the freedom or independence of all components of the people in preserving and developing the culture and enjoy the product of the culture, in this case including in preserving and developing traditional cultural expressions/folklore. It must also guarantee the collective rights of all components of people including communities of people who preserve traditional cultural expressions for the sake of the wellbeing and the progress of the communities, or to a broader sense for the sake of the wellbeing of all Indonesian people. The second, operationally, politics of protection of traditional cultural expressions gives the state the authority to formulate policies, regulate, administrate, manage, promote and supervise the use of traditional cultural expressions. The state must be able to protect and guarantee all people’s rights related to traditional cultural expressions/folklore and various national cultural properties that can directly enjoy by the people. In addition, the state must also be able to prevent and handle the use of traditional cultural expressions that cause people to lose their access and rights to the traditional cultural expressions.]]>
<![CDATA[LAW ENFORCEMENT OF ELECTRICAL AND ELECTRONIC WASTE SMUGGLING IN BATAM, INDONESIA ]]>
<![CDATA[FX.Joko Priyono]]>
<![CDATA[ Diponegoro Law Review Vol 2, No 1 (2017): Diponegoro Law Review April 2017 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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DOI: 10.14710/dilrev.2.1.2017.40-56
<![CDATA[Electrical and electronic waste (e-waste) are dangerous for human health and environment. The e-waste may comes from both external (import) and domestic industries. Batam as part of Indonesia jurisdiction have been a place of e-waste dumping. The e-waste mostly comes from Singapore. The rest is from Malaysia, Thailand, and Vietnam. The influx of electronic waste is done through smuggling at certain place. Police actually knows about the smuggling but not take any action. This crimes was backed up by any army and police. It reflects the ineffectiveness of law enforcement in Batam regarding e-waste smuggling. The ignorance causes the environment and human health is not well protected. Lack of understanding of legal knowledge by law enforcement agencies should be a particular concern for the government. On the other hand, for the people of Batam, e-waste still have economic value. Therefore, they don’t care about the menace of e-waste to human health and environment. The government should develop them in order to manage e-waste properly. The government may refer to the Government of India's Bangalore city with regard to how the people manage e-waste. ]]>
<![CDATA[LEGAL RELATIONSHIP BETWEEN DOCTORS AND PATIENTS IN MEDICAL SERVICE EFFORTS ]]>
<![CDATA[Endang Kusuma Astuti]]>
<![CDATA[ Diponegoro Law Review Vol 2, No 1 (2017): Diponegoro Law Review April 2017 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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DOI: 10.14710/dilrev.2.1.2017.123-140
<![CDATA[The relationship between doctor and patient is not equal. The relationship between doctor and patient gave birth to the legal aspects of which object of inspanningsverbintenis is maximum efforts for the recovery / maintaining the health of patients which performed with caution based on the knowledge and experience of the doctor to seek recovery of the patient. Legal relationship between doctor and patient in medical care effort began when the patient filed a complaint which responded to by a doctor. Doctor’s responsibility in medical services efforts include ethical, professional, and legal responsibility, which covers doctor’s responsibility related to criminal law, civil law and administrative law]]>
<![CDATA[MUDHARABAH FINANCING SUPERVISION OF ISLAMIC BANKING IN INDONESIA ]]>
<![CDATA[Bagas Heradhyaksa]]>;
<![CDATA[Ruzian Markom]]>
<![CDATA[ Diponegoro Law Review Vol 3, No 1 (2018): Diponegoro Law Review April 2018 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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DOI: 10.14710/dilrev.3.1.2018.1-14
<![CDATA[The regulation in Indonesia states that the supervision of mudharabah financing is the right of Islamic bank. The Regulation of Indonesian Bank number 7/46/PBI/2005 section 6 subsection C and in The Circular Letter of Indonesian Bank number 10/14/Dpbs states that the supervision is done by reviewing and requesting evidence from customer's business result report without being given more detailed about the procedure of conducting mudharabah financing supervision. The purpose of this research is to analyze regulation that regarding the mudharabah financing supervision inIslamic banking. The methodology used in this research is empirical juridical method. We applied the method by comparing between the existing regulations with the reality that occurred in the field. This study found that a more detailed regulation regarding supervision of mudharabah financing was needed. This is so that the process of monitoring mudharabah financing has a strong legal basis and standard among Islamic bank. Moreover, the customer can also understand the steps that should be taken in the implementation of mudharabah financing supervision.]]>
