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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 185 Documents

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VIOLENCE AGAINST WOMEN, EQUALITY OF GENDER AND SOCIAL ETHICS Fransiska Novita Eleanora
Diponegoro Law Review Vol 3, No 2 (2018): Diponegoro Law Review October 2018
Publisher : Fakultas Hukum, Universitas Diponegoro

Humans are created interdependent and complement each other, as well as mutual respect and respect that is what is called a social creature, and live in pairs between men and women to continue offspring, which is a natural human nature that has been hereditary. But in reality, in social life, a woman often gets inhumane treatment, be it in public life or domestic life, is treated rudely, and impressed as not considered, women are very vulnerable to violence, whether physical violence, psychic violence, violence sexual even neglect of household. Or even men do not respect women in the realm of the outside or inside the dwelling. Result in a significant difference to gender equality itself. The most important and protected women's rights are freedom, being treated equally in the eyes of law, teaching and education is absolute, as well as health, legal certainty and justice and legal certainty. Social ethics arises in everyone, according to their nature and character. Human nature can be seen from their actions in treating and respecting others, especially treating the opposite sex, not in accordance with ethics and social sense, then the person is considered disrespectful to others. The literature study is the method used in this study is to have a purpose to know gender and its equality be the cause of violence against women, and its relation to social ethics. The result is a patriarchal culture that assumes that men as rulers, while women are in a weak position or are perceived as "male" owners, and social ethics greatly affect respect for women, where social ethics strongly determines one's behavior and how to respect and respect for women's rights.

CONFLICT RESOLUTION: THE DYNAMICS OF AGRARIAN CONFLICT SOLUTION BETWEEN HARJOKUNCARAN VILLAGERS AND TNI-AD (ARMY) IN MALANG Haidar Fikri
Diponegoro Law Review Vol 3, No 2 (2018): Diponegoro Law Review October 2018
Publisher : Fakultas Hukum, Universitas Diponegoro

Indonesia as state law has several problems which related to the various sector. Land is a sector where the conflict often occurs, so this problem had a very close relationship with the law. The land problems in Harjokuncaran village is not apart with farmer community life who fight for their land right.One form of resistance in Harjokuncaran village was the agrarian conflict that causing physical violence between TNI-AD (Army) and Harjokuncaran villagers. This study using social movement theory and conflict resolution, this theory was chosen to review about how to form farmers movement stage until its conflict resolution. The method used is a qualitative descriptive method as the data analysis form obtained in the field. The process to collect the data using: observation, literature study, interview, and documentation. The result showed that how the most important potential to bring up the movement as the result of complaint and disappointment faced by Harjokuncaran villagers. After the social movement occurred through this resistance, their existence had been recognized by Magelang Regency Government, therefore the government had tried as much as possible to give the best solution in order to create a peaceful life. In another word, there is a conflict resolution for this problem.

CUSTOMARY COURT AS ALTERNATIVE TO SETTLEMENT OF DISPUTE IN SOUTH SULAWESI Andika Prawira Buana; Hardianto Djanggih
Diponegoro Law Review Vol 3, No 2 (2018): Diponegoro Law Review October 2018
Publisher : Fakultas Hukum, Universitas Diponegoro

Customary court is a process conducted in connection with the duty to examine, to adjudicate and to decide a case in the community, which has long ago become a means to seek for justice. Customary court aims at returning broken order resulted from existing dispute. This research mainly focuses on how the essence of customary court in South Sulawesi is and how customary court serves to settle dispute in South Sulawesi. Employing socio-legal method, the research results explain that the Customary court in South Sulawesi has no longer been relied on in settlement of disputes existing in the community as the result of modern court domination.

THE ROLE OF LAW AND SHARIAH GOVERNANCE IN ISLAMIC FINANCE TOWARDS SOCIAL JUSTICE IN DIVERSITY Ruzian Markom
Diponegoro Law Review Vol 3, No 2 (2018): Diponegoro Law Review October 2018
Publisher : Fakultas Hukum, Universitas Diponegoro

Comprehensive law and Shariah governance framework are important in ensuring the sustainability of Islamic financial goal. Both elements contributed in the process of social justice in diversity between the industry and the society. This article is aimed to discuss on the role of law and Shariah governance in Islamic finance towards social justice in diversity. It defined the meaning of laws, Shariah governance and social justice in diversity in the context of Islamic finance. Then, it analysed the challenges of Islamic finance in promoting social justice in diversity. Finally, in resolving the challenges, it is recommended to adopt the six key areas laid down in the World Global Report 2016.

THE POSITION OF THE GUARANTOR IN RECONCILIATION ON THE BANKRUPTCY ACT ACCORDING TO THE LAW OF BANKRUPTCY IN INDONESIA Siti Mahmudah; Siti Malikhatun Badriyah; Bagus Rahmanda
Diponegoro Law Review Vol 3, No 2 (2018): Diponegoro Law Review October 2018
Publisher : Fakultas Hukum, Universitas Diponegoro

The existence of the guarantor in the world of business is widely known and required in the business world. Guarantor is stipulated in the agreement of guarantor which states that the Guarantor will pay the debt of debtor to its creditor if the debtor do not pay. The debt fulfillment of debtor to creditor can be done through the Bankruptcy Act which ended with reconciliation. The purpose of this research is to examine the position of the Guarantor in reconciliation on the Bankruptcy Act according to the Law of Bankruptcy in Indonesia, with the problem of how the position of the guarantor against debt fulfillment of debtor which ended with reconciliation in bankruptcy in Indonesia, and as a result of the approval of reconciliation in the bankruptcy of the submission of the claim the statement of bankrupt guarantor. The approach used in this research is the normative juridical, with a descriptive specifications analysis with the type of secondary data through the study of primary, secondary and tertiary legal material library which is then analyzed by qualitative research. The reconciliation that passed in bankruptcy does not always result to receivables of the creditors being paid for. Based on the provisions of Article 165 paragraph (1) Of Law No. 37 Of 2004 on Bankruptcy and Suspension of Obligation for Payment of Debts,Guarantor will still be obligated to pay off the debtor's debts that are borne which can cause the guarantor privileged as the debtor so it can be filed for bankruptcy if fulfilled the provisions of Article 2 paragraph (1) Of Law No. 37 Of 2004 on Bankruptcy and Suspension of Obligation for Payment of Debts.

THE COMPARISON BETWEEN CONVENTIONAL, SHARIA, AND SOCIAL INSURANCE IN INDONESIA Bagas Heradhyaksa; Nurul Hikmah
Diponegoro Law Review Vol 4, No 2 (2019): Diponegoro Law Review October 2019
Publisher : Fakultas Hukum, Universitas Diponegoro

Insurance is a risk transfer agreement from the insured to the guarantor. Insurance is a financial institution whose development is quite rapid, both in the world and in Indonesia. Insurance in Indonesia has three forms, namely conventional, sharia, and social. Social Security Organizing Board in Indonesia named BPJS (Badan Penyelenggara Jaminan Sosial). Although all of them are the forms of insurance but has several differences. The fundamental differences are juridical differences and philosophical differences. The purpose of this study is to determine the juridical differences and philosophies of conventional, sharia, and social insurance. This research uses the juridical normative method. This method is used to analyze differences in conventional, sharia and social insurance by studying legal data related to the field. The results of this study found that the legal basis used in conventional, sharia, social insurance has differences. The philosophy of conventional insurance, sharia, and social also has differences. Therefore, although they are both in the form of insurance, conventional, sharia, and social insurance have significant differences respectively.

REGULATION OF RADIO FREQUENCY SPECTRUM AND ITS IMPLEMENTATION CHALLENGES IN THE PERSPECTIVE OF INTERNATIONAL LAW Jean Claude Geofrey Mahoro; Agus Pramono
Diponegoro Law Review Vol 4, No 1 (2019): Diponegoro Law Review April 2019
Publisher : Fakultas Hukum, Universitas Diponegoro

The radio frequency spectrum is a limited natural resource, which is very important and strategic in the operation of telecommunications. Considering that it is a limited natural resource, its management is regulated internationally by the International Telecommunication Union (ITU), in which details are set out in the radio regulations (RR) as an integral part of the ITU Convention. The study is based on applicable legal regulations and is supported by literature studies. The results of the study indicate that the regulation of the radio frequency spectrum is based on radio regulations, international agreements within the ITU through the World Radio communication Conference forum. The implications of regulating the use of the radio frequency spectrum always take into account the general public needs for the dynamics of the progress in telecommunications technology, of which implementation of its utilisation rests in the principle of fairness and equity between regions, and efficiency. Therefore, all policies made are directed at creating a market balance, ensuring fair competition between telecommunication operators as a potential to prevent market dominance, as well as protecting consumers.

RETRACTED: THE EVALUATION OF SURROGACY’S LEGAL SYSTEM IN INDONESIA AS COMPARISON TO INDIA’S LEGISLATION Mega Dewi Ambarwati; Ghina Azmita Kamila
Diponegoro Law Review Vol 4, No 2 (2019): Diponegoro Law Review October 2019
Publisher : Fakultas Hukum, Universitas Diponegoro

This article has been retracted from the journal Diponegoro Law Review Vol. 4 No. 2, October 2019.Please refer to the article THE EVALUATION OF SURROGACY’S LEGAL SYSTEM IN INDONESIA AS COMPARISON TO INDIA’S LEGISLATION on the following link: https://jurnal.unej.ac.id/index.php/eJLH/article/view/10842

IMPLEMENTATION OF LEGAL PROTECTION BY THE GOVERNMENT IN ORDER TO EMPOWERMENT OF MICRO SMALL MEDIUM ENTERPRISE TO REALIZE THE JUSTICE ECONOMY (Research Study: The Office of Cooperative and Micro Small and Medium Enterprise Province of Central Java) Raden Ani Eko Wahyuni; Darminto Hartono
Diponegoro Law Review Vol 4, No 1 (2019): Diponegoro Law Review April 2019
Publisher : Fakultas Hukum, Universitas Diponegoro

Micro, Small and Medium Enterprises try to grow and develop their business in order to build a national economy based on equitable economic democracy. The position of MSMEs is very important in economic development It is very important to do protection. Protection of MSMEs is assistance and support made by the government towards MSMEs. Protection in legal action, assistance in the production process to marketing and support in terms of capital. There is a debate that is found is how to issue law by the government in empowering MSMEs to realize equitable economic prosperity.The research in this paper used a normative juridical research method. The approach used in this study is socio legal approach which the law is conceptualized as a set of regulation that is valid in the society and the validity will be affected by other factors.This study intends to measure the extent of the role of the government and what efforts are being made especially by regional governments, in this case the Central Java Provincial Office of Cooperatives and SMEs in implementing legal protection in empowering MSMEs to realize economic welfare.

THE ROLE OF GENERAL ATTORNEY IN ERADICATION OF CORRUPTION BY CORPORATION Satya Marta Ruhiyat; Ismansyah Ismansyah; Nani Mulyati
Diponegoro Law Review Vol 4, No 2 (2019): Diponegoro Law Review October 2019
Publisher : Fakultas Hukum, Universitas Diponegoro

Considerable efforts have been made to fight corruption, however it continues to occur in Indonesia. In the present time, corruptions do not only carry out by individuals but also by corporations. However, the Criminal Code and Criminal Procedure Code do not recognize and regulate corporations as the subject of criminal acts, so that law enforcement officials, especially prosecutors, have difficulty in charging corporations. This paper tries to answer question about the role of prosecutors in the eradication of corruption by corporation based on The General Attorney Regulation Number: PER-028/A/JA/10/2014 on guidelines for prosecuting corporation. The research method employed is normative juridical method, where the data is analyzed with qualitative methodology. The General Attorney Regulation on Corporate Legal Subjects explains more apparent criteria for actions that can be attributed to the corporation. The regulation combines several theories of corporate criminal liability not only heavily rely on vicarious criminal liability theory. It also provides direction about the separation of corporate liability and director’s liability. With this guideline, the public prosecutors have clearer direction to be able to charge the corporation so that it can restore the state finances that have been harmed by the corruption act.

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