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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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TAKAFUL AGENT MUST FOSTER PUBLIC UNDERSTANDING OF TAKAFUL Muhammad Adi Zhafri Ahmad Samsuri; Jasri Jamal
Diponegoro Law Review Vol 2, No 2 (2017): Diponegoro Law Review October 2017
Publisher : Fakultas Hukum, Universitas Diponegoro

The Takaful industries need agents to market the Takaful products to the public. Takaful agents play a great role in current marketing practice for Takaful distribution. Besides representing their operators and products, the agents would present this Takaful as an Islamic Insurance. The agents need to foster public understanding of Takaful instead of Conventional Insurance. To achieve this, all of the values as stated in the Al-Quran and practice through the Sunnah will be implemented by the Takaful agents to realize the objective of Takaful as an Islamic alternative for conventional Insurance. Of course this can be an option for the public to choose either one, but still, as Muslim people, we should support Takaful for Muslim sake.

MANAGEMENT, DISTRIBUTION, AND REDEMPTION OF VILLAGE FUND Amalia Diamantina
Diponegoro Law Review Vol 2, No 1 (2017): Diponegoro Law Review April 2017
Publisher : Fakultas Hukum, Universitas Diponegoro

One on the policies following the change of politics of law in village management is the allocation of Village Fund in the state budget. The management, distribution, and redemption of Village Fund, as well as the obstacles and how to overcome the problems were studied. The research method used was normative. The distribution and redemption arrangements of Village Fund were related to the coordination and communication of three Ministries, Regency / City and Village, village assistants, the requirements of administration and finance, and human resource capacity. The obstacles in the management, distribution, and redemption of Village Fund were that the requirements in the management and the coordination of distribution and redemption of Village Fund have not been met by villages and the villages lacked of preparation. It was overcome by the harmonization of legislation, improved coordination, acceleration of compliance, and increase in the capacity of village officials

PROTECTING TRADITIONAL BALINESE WEAVING TROUGH COPYRIGHT LAW : IS IT APPROPRIATE? Ni Ketut Supasti Dharmawan
Diponegoro Law Review Vol 2, No 1 (2017): Diponegoro Law Review April 2017
Publisher : Fakultas Hukum, Universitas Diponegoro

As part of traditional cultural expressions (TCEs) , traditional weaving including “Traditional Balinese weaving” may be appropriately protected based on article 38 (1) Law No. 28 of 2014 concerning Indonesian Copyright Law. However, the new Indonesian copyright law seem unclearly protect traditional weaving expression as it is. As WIPO, in international level, protects traditional knowledge, the previous Indonesian copyright law (Law No. 19 of 2002) relatively clearly provides a legal basis to protect traditional weaving, especially when a foreigner uses traditional expression works for comercial purposes, the law empasizes that users should get a license from the state. Meanwhile, the new law is silent for a similar discourse. Therefore, the appropriate protection for traditional weaving through copyright regime is still called into question. The sui generis law, both in international and national levels, is espected to provide a legal basis protecting TCEs. Unfortunatly, it is still in the form of a bill until now in Indonesia. By understanding this phenomenon, some grounds to protect TCEs including traditional Balinese weaving can be considered such as human rights approach for traditional cultural community as well as the intangible cultural harritage approaches from UNESCO schema. In addition, sui-generis model provisions as well as inventorying and documenting can be considered as an appropriate way to prove and to preserve, safeguard, maintain, and protect traditional weaving including traditional Balinese weaving, although there are still challenges because a traditional motive of Balinese weaving is easily produced as an industrial fabric material through modern technology

INTERACTIONS BETWEEN LEGAL SYSTEMS IN THE JUDICIAL PROCESS OF KENDENG CASE (A CRITICAL ANALYSIS OF ACCESS TO JUSTICE) Wahyu Nugroho
Diponegoro Law Review Vol 3, No 1 (2018): Diponegoro Law Review April 2018
Publisher : Fakultas Hukum, Universitas Diponegoro

The Indonesian state has the characteristic of legal system plurality in a national legal system, it is interesting to be observed from law making, licencing, law implementation, to judiciary process. State organizers in the context of government (executive power) as the licensors of business activities and the judiciary (judicial power) State Administration, as absolute competence over the objects of environmental administration disputes require optical and comprehensive holistic understanding, amidst the very diverse conditions of the legal system (legal pluralism) and a pluralistic society to be bound in a single national legal system (unification). The problem formulation in this paper is: (1) How is the interaction of continental European legal system and customary law system on kendeng case in the tiered judicial process? And (2) how does the interaction affect the legal system on the judge's mindset over environmental permit disputes objects? In relation to executive power as a licensor, the involvement of the public in the process of publishing environmental documents becomes a very important matter. Kendeng Community of Rembang Regency Central Java Province is fighting for its rights and various access to justice, finally choosing the judicial route as the main tool against the state, namely the State Administrative Court (PTUN) Semarang, High Administrative Court (PT TUN) Surabaya, Until the most recent legal remedy in the judicial system in Indonesia, namely the Review Supreme of Court. In this paper, it shows the interaction between the legal system, the continental European legal system and the customary law system in the process of tiered justice as an access to justice for the kendeng mountain community.

BATANG STEAM POWER PLANT, THE STRUGGLE OF INTERESTS BETWEEN THE CENTRAL GOVERNMENT AND THE LOCAL COMMUNITY Ery Agus Priyono
Diponegoro Law Review Vol 2, No 1 (2017): Diponegoro Law Review April 2017
Publisher : Fakultas Hukum, Universitas Diponegoro

The electricity power crisis will hit the island of Java 2018 due to growth in electrical load continues to increase with growth per year to reach about nine percent. Steam Power Plant in Batang District has become the main hope in overcoming the electricity power crisis, especially in Java and Bali.Construction of the power plant in the district of Batang situated on land and at sea. There is no problem with land area because it has in accordance with the Spatial Batang District regulation, but the position at sea It crash to Government Law (PP) no. 26 year 2008 of National Spatial Plan. It triggers a conflict between central and local governments on the one hand with the local community on the other hand. Resolution of the conflict can not be patterned positivistic application of the law but the application of laws that are pluralism that enables a win-win solution.

THE POSITION OF THE WORKERS' OR LABORERS' SEVERANCE PAY AND OTHER RIGHTS IN THE BANKRUPTCY OF A COMPANY Sonhaji Sonhaji
Diponegoro Law Review Vol 3, No 2 (2018): Diponegoro Law Review October 2018
Publisher : Fakultas Hukum, Universitas Diponegoro

Bankruptcy shall mean general confiscation of all assets of a debtor who could no longer afford to pay the debts that are due and could be billed. In Indonesia, bankruptcy is already known before 1945. Bankruptcy is Commercial Court ruling which put all assets of a debtor in a public attachment status thereafter the appointed curator could manage and liquidate the assets of the bankrupt debtor (bankruptcy properties) which would be sold and distributed to all creditors based on their respective levels of entitlement including the wages owed and other rights (Severance pay, gratuity and other compensation benefits). Problems would rise if the company hiring the laborers is declared bankrupt by the Commercial Court. In such circumstances, wage repayments or remunerations to the laborers became an interesting topic to be studied. The company and the government are responsible upon the fulfillment of the laborers' wage rights. In case that responsibility is not fulfilled, then there had been a violation of the rights of the laborers' welfare and violations and blasphemy of human rights. In reality, the laborers' wages sometimes are not paid by the company where they worked because it had bankrupt and is unable to pay, because the company did not want to pay even though there is a decision from the Industrial Relations Court which required the employer (company) to pay the wages or the severance pays.

PENAL MEDIATION OF TREATMENTS FOR CHILDREN IN THE JUVENILE JUSTICE SYSTEM Irma Cahyaningtyas
Diponegoro Law Review Vol 3, No 2 (2018): Diponegoro Law Review October 2018
Publisher : Fakultas Hukum, Universitas Diponegoro

The protection of children becomes the responsibility of all parties, namely family, community and government. Indonesia through the Act No. 11 Year 2012 on Juvenile Justice System provides protection namely diversion which should be emphasized as a penal mediation which can be used to solve a juvenile cases. There are two main problems; firstly, how is the penal mediation process in the juvenile justice system; secondly, how is the implementation of the penal mediation which is based on Pancasila? The research method used in this paper was normative juridical research method. The approach used in this study is socio legal approach and the data analysis method used a qualitative analysis. The results that in penal mediation in the juvenile cases namely diversion aims to achieve restorative justice. The diversion process is very important and must involve the parties in order the mediation be effective. This process is what distinguishes from the treatments of juvenile’s cases before Act No. 11 Year 2012. In the previous times, penal mediation was not acknowledged so law enforcement procedure is always ends at Juvenile court. Penal mediation in juvenile justice system must be based on Pancasila as the philosophical foundation of Indonesia, which means diversion process must be in accordance with the values of Pancasila, which are are religious moral values; humanistic values; nationalistic values, democratic, and social justice.

THE PROLIFERATION SYMPTOMS OF POLITICAL DYNASTIES IN BANTEN UNDER THE ERA OF GOVERNOR RATU ATUT CHOSIYAH'S Agus Sutisna
Diponegoro Law Review Vol 3, No 2 (2018): Diponegoro Law Review October 2018
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.

LEGAL ANALYSIS OF THE DOCTRINE OF ESSENTIAL FACILITIES DUTIES IN THE INDONESIA COMPETITION LAW Nandi Wardhana
Diponegoro Law Review Vol 3, No 2 (2018): Diponegoro Law Review October 2018
Publisher : Fakultas Hukum, Universitas Diponegoro

Indonesian competition law today requires a renewal of one of them concerning the doctrine of essential facilities duties. The doctrine essential facilities duties is a doctrine imposed on a dominant business actor who has access to essential facilities to provide access for competing business actors to use the facility. Regulation of essential facilities duties are needed to reduce dominance of a dominant firm in a particular market. This study uses a statutory approach, conceptual approach, and a comparative approach between the arrangements in the United States, Europe and Indonesia. The approach is expected to illustrate, harmonize problems arising, and provide better legal protection in the world of business competition. The doctrine essential facilities duties were first applied in the United States and then followed by European countries. The doctrine of essential facilities duties in the United States is based on the sherman act and uses theapproach rule of reason. The doctrine of essential facilities duties in European countries based on EC focuses on refusal to deal. The doctrine of essential facilities duties is explicitly implied in Law No. 5 of 1999. From this study it is concluded that the regulation on essential facilities duties in Law No. 5 of 1999 still can not provide a good legal protection for business competition in Indonesia.

LEGAL PERSPECTIVE ON ASEAN ECONOMIC COMMUNITY Darminto Hartono; Soekotjo Hardiwinoto
Diponegoro Law Review Vol 3, No 2 (2018): Diponegoro Law Review October 2018
Publisher : Fakultas Hukum, Universitas Diponegoro

Since 2015, the ASEAN Economic Community (AEC) applied in its member countries, Including Indonesia. The preparation effort is regulatory legislation related to the AEC as a guide to achieve country's goals. The research aims to focus on how to inventory of the AEC regulations and how to find out in passing the AEC. The method uses the normative juridical approach and qualitative descriptive data analysis method. These research results that have a global market share, exporting country, investment destination country, a liberalization of ASEAN goods trade, large demographic bonuses, open services sector, aand smoother capital flows constantly. While the challenge is the elevation of the rate of export-import and the inflation rate, the negative impact of broader capital flows, the similarity of export products Which is still diverse must be solved. The Indonesian Government has an authority to regulate the role and function through it policies optimally, because of the opportunities and the existence of Indonesia. It is a matter of course that each member country to face AEC still not enough of expectations.

Page 5 of 20 | Total Record : 193

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