Garuda - Garba Rujukan Digital

Article Per Year (5 Year)

All

Diponegoro Law Review

dlr
Website

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.

Arjuna Subject : -

Articles 185 Documents

5 6 7 8 9

AL-‘UQUD AL-MURAKKABAH IMPLEMENTATION ON AKAD AL MURABAHAH WA ARRAHN AS A SHARIA BANKING PRODUCT INNOVATION Bagya Agung Prabowo
Diponegoro Law Review Vol 4, No 2 (2019): Diponegoro Law Review October 2019
Publisher : Fakultas Hukum, Universitas Diponegoro

This article aims to determine the application of al-uqud al-murakkabah on akad al murabahah wa arrahn in sharia banking product innovation. This study uses analytic methods based on doctrinal content, by applying four types of legal approaches, namely: (i) historical / historical; (ii) Jurisprudence / philosophy; (iii) comparison; and (iv) analytical and critical. In addition, a harmonious approach is needed to align innovation of sharia banking products with sharia compliance principles. the conclusions in this study are: 1) The implementation of al-ququd al-murakkabah as an innovation of Islamic banking products by the majority of Hanafiyah scholars, some opinions of Malikiyah scholars, Shafi'i scholars, and Hanbali are of the opinion that law is legal and permissible according to Islamic law, 2) The implementation of al-uqud al-murakkabah in the Murabahah wa ar Rahn contract is not in accordance with the principles of sharia compliance. Because the al Murabahah wa ar Rahn contract combines several contracts that cause usury or resemble usury, such as primarily combining the murabahah contract with the qardh contract, in addition to the wakalah contract and rahn contract.

UNDERSTANDING OF THE BATIK LAWEYAN SOLO CREATOR FOR COPYRIGHT (STUDY OF LAW NUMBER 28 OF 2014 CONCERNING COPYRIGHT) Chandra Adi Mauli
Diponegoro Law Review Vol 4, No 1 (2019): Diponegoro Law Review April 2019
Publisher : Fakultas Hukum, Universitas Diponegoro

The focus of the discussion in this study is the First Copyright Law as an embodiment of penetration of the legal culture of Western (capitalist) countries with individualistic nuances as positive law. Secondly, the culture of the laws of the local community where the Copyright Law is applied as a living law in society (Living law). The purpose of this paper is to know and explain not the implementation of the law as a positive law (positive law) in this case what is meant is the Copyright Act, in an Indonesian society and the Batik Laweyan craftsmen in particular, so that it is expected to explain why Copyright Law cannot function optimally in Indonesia which is marked by the many violations or piracy of a copyrighted work. The method in this writing is a qualitative method with the Sociological Research approach, while the paradigm used as the basis is the Paradigm of Social Definition with the aim of understanding social behavior through interpretation by explaining the path of development and its consequences according to its causes. Based on the social definition paradigm, the theory used is interactionism theory, which mainly emphasizes sociopsychological perspectives, the main goal of which is the individual in his personal personality and the interaction between internal opinion and one's emotions with social behavior. With the Symbolic Interaction Theory approach, in this study will be able to further reveal the behavior of certain community groups by interacting with existing social behavior. And also with the Phenomenology Theory is that human action becomes a social relationship if humans give a certain meaning or meaning to their actions, and other human beings also understand their actions as appropriate which means that humans are social beings, so that the awareness of daily life is an absolute magnification. As for the study findings it turns out, the Copyright Act in the application in the Laweyan Batik Craftsman community is in conflict with the Javanese legal culture that promotes harmony between neighbors, ewuhpekeweuh, tepasliro, mutual cooperation. If the law of copyright is strictly enforced, it will result in disturbance of neighborly living conditions. Because most Batik Laweyan craftsmen live next to each other even there is still a kinship, so that when it comes to demanding or monopolizing a work, it will lead to neighboring reluctance. They assume that even the art of batik is their property from the property of their ancestors so that anyone can imitate and make it.

ICAO’s ROLE IN ENVIRONMENTAL PROTECTION AND ITS SHORTCOMINGS UNDER RAPID GROWTH OF AVIATION INDUSTRY Jean Claude Geofrey Mahoro
Diponegoro Law Review Vol 4, No 2 (2019): Diponegoro Law Review October 2019
Publisher : Fakultas Hukum, Universitas Diponegoro

The growth of the aviation sector has significantly contributed to the global interconnectivity since World War II and presented a strong need for regulation. The Chicago Convention is the first air law that shaped the aviation industry. With that, the United Nations General Assembly set up the International Civil Aviation Organisation (ICAO) with responsibilities that could realise the aviation’s ideal. Despite this development, environmental protection was not a serious concern. However, aviation emissions and noise were later documented to be a serious threat to human health and welfare. ICAO, in its remits, has played a significant role in by establishing a regulatory framework through its policies and standards. With doctrinal method, the researcher discusses those policies and standards in the environmental perspective and their shortcomings in the prevention of GHG emissions and aircraft noise. He also reflects the importance of the United Nations Framework Convention on Climate Change (UNFCCC) 1992 and Kyoto Protocol 1997. Considerably, this paper highlights some areas that need improvements such as ICAO policies and standards’ implementation mechanisms, Global Market-Based Measure (GMBM), Radio Frequency (RF) spectrum, and conventional framework in ICAO. Hence, the researcher recommends respective stakeholders to enhance their partnership by embracing the concept of sustainability in the aviation industry.

THE HISTORY OF THE ESTABLISHMENT OF LAW NUMBER 9 OF 2013 REGARDING PREVENTION AND ERADICATION OF TERRORIST FINANCING Listawati Listawati
Diponegoro Law Review Vol 4, No 1 (2019): Diponegoro Law Review April 2019
Publisher : Fakultas Hukum, Universitas Diponegoro

To response to various acts of terror which occurred in various countries, the Financial Action Task Force (FATF) issued a policy in the form of a recommendations that contained a basic framework for the prevention and eradication of criminal acts of terrorist financing that could be universally applied. This implementation of the FATF standard is obligatory for all countries including Indonesia. One component of Indonesia's commitment to implementing the FATF standard is evidenced by the Establishment of Law Number 9 of 2013 concerning the Prevention and Eradication of Terrorist Financing (TPPT Law). In this paper, we will discuss the history of the formation of the TPPT Law detailed with 2 (two) main focuses, namely the process of criminalizing acts of terrorist financing in the TPPT Law and the factors that encouraged the Government of the Republic of Indonesia to draft special regulations related to anti-terrorist financing. The review of the complexity of the two focuses shows the strong commitment of the state to preventing and eradicating terrorist financing crimes

OPTIMALIZATION OF LEGAL PROTECTION FOR FEMALE HOUSEMAIDS IN INDONESIA Marzellina Hardiyanti; Ani Purwanti
Diponegoro Law Review Vol 4, No 2 (2019): Diponegoro Law Review October 2019
Publisher : Fakultas Hukum, Universitas Diponegoro

Housemaids are one of the most vulnerable groups to violence and unfair wage. The problem is that, in Indonesia, female comprised 90% of the housemaids, thus making them even more vulnerable. Several cases of physical, psychological, and sexual violence that happened against housemaids are due to discriminative environment. This problem is what urges for the access of justice for female housemaids in Indonesia, thus the focus of this article. The research of this article used the normative legal approach based on literature studies and descriptive analysis towards the problem. The urgency of legal protection for female housemaids in Indonesia is caused by the prevalence of domestic violence and unfair compensation. Therefore, a comprehensive and exhaustive legal framework is needed to provide a sufficient access of justice mechanism for female housemaids, such as a legislative act specified for them. Rehabilitation is also a vital mechanism, especially to housemaids who suffered from violence by providing them temporary shelters, counseling, and protection from retalitation.

STATE PROTECTION UPON ADOLESCENT VICTIM OF INCEST RAPE THROUGH GENDER LENS Elita Rahmi; Elly Sudarti
Diponegoro Law Review Vol 4, No 1 (2019): Diponegoro Law Review April 2019
Publisher : Fakultas Hukum, Universitas Diponegoro

The state obligations to fulfill and protect the rights of adolescent victim of incest rape post-abortion and other rights have not been exercised during the legal process of investigation until court verdict as it is indicated that the adolescent victim is unfairly detained without due process for illegally practicing abortion. This occasion indicates that the law is being unfair towards the adolescent victim without considering the precondition which inevitably forces the abortion. This article scrutinizes such case of Muara Bulian county in which the local court’s verdict No. 5/Pid.Sus.Anak/2018/PN.Mbn did not accommodate the substantive justice which take stand of the rights of adolescent victim of incest rape. The verdict indicates that such court verdict does not express gender sensitivity to the right of adolescent female victim of incest rape to which the state is obliged to fulfil and protect.

THE LEGAL REFORM OF THE WAQF LAW RESOLUTION BASED ON PANCASILA Islamiyati Islamiyati; Ahmad Rofiq; Ro’fah Setyowati; Dewi Padusi Daengmuri
Diponegoro Law Review Vol 4, No 2 (2019): Diponegoro Law Review October 2019
Publisher : Fakultas Hukum, Universitas Diponegoro

Nowadays, there are still some shortages in the rule of law of the waqf disputes resolution, therefore a lot of waqf disputes have not be solved, and moreover it has no justice value since it does not protect the rights of disputing parties. Why the legal renewal of waqf disputes resolution based on Pancasila is important? The urgency is as the media for the enforcement and the law enactment of the waqf dispute resolution based on Pancasila. This research is field research, and the approach method is juridical empirical. The result of the research is to explain that the legal reform of waqf dispute resolution is important because the waqf disputes always develope based on the socio-cultural development of the society. Besides, it also saves the waqf assets, gives the values of justice and certainty,makes the rule of the law not rigid and closed, can finish the waqf disputes, and makes waqf meaningful in the society. The legal reform of waqf disputes resolution which is based on Pancasila means making the policy that includes determining and deciding the rules of waqf dispute resolution, hence it will be suitable with the direction of national development based on Pancasila.

RELIGIOSITY IN CRIMINAL LAW: ISLAMIC PERSPECTIVE Abdurrahman Raden Aji Haqqi
Diponegoro Law Review Vol 4, No 1 (2019): Diponegoro Law Review April 2019
Publisher : Fakultas Hukum, Universitas Diponegoro

The fundamental premises of Islamic law are that Allah has revealed His will for human-kind in the Holy Quran and the inspired example of the Prophet Muhammad (Peace be Upon Him), and that society's law must conform to Allah's revealed will. The scope of Islamic law is broader than the common law or civil law. In addition to core legal doctrines covering the family, wrongs, procedure, and commercial transactions, Islamic law also includes detailed rules regulating religious ritual and social etiquette. In Islam, religiosity is not asceticism in monasteries nor is it chattering from the pulpits. Instead, it is behaving in a manner that is requested from the Creator under all circumstances, places and times, in belief, statement and actions. Historically, law and religion have never been completely separated. They have never been so independent as to achieve complete autonomy from each other. Religion has essentially been embodied in legal systems, even in those that have aspired to privatize religion. Based on this fact, this paper discusses such fact i.e religiosity on specific theme of Islamic law that is criminal law which means the body of law dealing with wrongs that are punishable in Islamic law with the object of deterrence.

STRENGTHENING FINANCIAL TECHNOLOGY REGULATION TO EMPOWERMENT FINANCIAL INCLUSIVE Lastuti Abubakar; Tri Handayani
Diponegoro Law Review Vol 4, No 2 (2019): Diponegoro Law Review October 2019
Publisher : Fakultas Hukum, Universitas Diponegoro

After the global crisis at 2008; Financial Inclusion became a focus in many international forums including developing countries and Indonesia. Refers to international best practice, the solution is made: the national financial inclusion strategies that conducted among other things such as launch a certain programs such as branchless banking and peer to peer lending are the solutions has made. One of the financial inclusive principles is technological innovation to expand public access using financial technology to reach financial systems. This research aims to study and analyze fintech regulation in Indonesia to empower the financial inclusive. Research method is used a normative juridical and descriptive analytics specification. Data has analyzed in a qualitative juridical. The results showed that Fintech has a role in broaden the access for community to financial systems so that it can be a tool for poverty alleviation and economic equality. Likewise, to strengthening and rearrange Fintech regulation is needed due to overcome the obstacles such as the misuse of personal data, the growth of shadow economy and consumer losses. Therefore, it is required a comprehensive regulation, cooperation between authorities and institutions in order that Fintech can be optimally empower the financial inclusion.

THE FREEDOM OF CONTRACT IN PLANTATION CORE ESTATE AND SMALLHOLDERS Ermanto Fahamsyah
Diponegoro Law Review Vol 4, No 1 (2019): Diponegoro Law Review April 2019
Publisher : Fakultas Hukum, Universitas Diponegoro

The Plantation Core Estate and Smallholders (PIR/Perkebunan Inti Rakyat) is a partnership scheme of the estates whereby a large estate acts as the core of development to small local farms in a mutually beneficial, integral, and continous system. Simply put, PIR is one form of contract farming. The PIR scheme was first introduced in by Indonesia government in order to encourage the development in local farms. Moreover, the partnership system is based on patron-client relationship and regulated through a contract in which the large estate is the patron and local farms are the client. However, the PIR system involves state within the contract. The state’s involvement is important so as to safeguard the interests of local farms (client) which are prone to predatory exploitation by the patron (large estate) and thus, balancing the bargaining powers of each party in the contract. This paper problematizes the contractual mechanism of PIR in respect to the freedom of contract. Thus, it can be concluded that the state’s involvement in the PIR shows that the freedom of contract principles are rigged to a degree which restricts some of the patron’s powers such as controls on supply and price in order to protect the local farms from being exploited.

Page 7 of 19 | Total Record : 185

5 6 7 8 9

Filter by Year

2016 2025

Filter By Issues

All Issue Vol 10, No 2 (2025): Diponegoro Law Review October 2025 (in progress) Vol 10, No 1 (2025): Diponegoro Law Review April 2025 Vol 9, No 2 (2024): Diponegoro Law Review October 2024 Vol 9, No 1 (2024): Diponegoro Law Review April 2024 Vol 8, No 2 (2023): Diponegoro Law Review October 2023 Vol 8, No 1 (2023): Diponegoro Law Review April 2023 Vol 7, No 2 (2022): Diponegoro Law Review October 2022 Vol 7, No 1 (2022): Diponegoro Law Review April 2022 Vol 6, No 2 (2021): Diponegoro Law Review October 2021 Vol 6, No 1 (2021): Diponegoro Law Review April 2021 Vol 5, No 2 (2020): Diponegoro Law Review October 2020 Vol 5, No 1 (2020): Diponegoro Law Review April 2020 Vol 4, No 2 (2019): Diponegoro Law Review October 2019 Vol 4, No 1 (2019): Diponegoro Law Review April 2019 Vol 3, No 2 (2018): Diponegoro Law Review October 2018 Vol 3, No 1 (2018): Diponegoro Law Review April 2018 Vol 2, No 2 (2017): Diponegoro Law Review October 2017 Vol 2, No 1 (2017): Diponegoro Law Review April 2017 Vol 1, No 1 (2016): Diponegoro Law Review October 2016 More Issue

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
Diponegoro Law Review

Contact Email
Diponegoro Law Review

Phone
-

Journal Mail Official
diponegorolawreview@gmail.com

Editorial Address
-

Location
Kota semarang,

Jawa tengah

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Diponegoro Law Review

Contact Email Diponegoro Law Review

Phone -

Journal Mail Official diponegorolawreview@gmail.com

Editorial Address -

Location Kota semarang, Jawa tengah INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Diponegoro Law Review

Contact Email
Diponegoro Law Review

Phone
-

Journal Mail Official
diponegorolawreview@gmail.com

Editorial Address
-

Location
Kota semarang,

Jawa tengah

INDONESIA