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185 Documents
<![CDATA[RISK MANAGEMENT IN THE PROVISION OF PEOPLE’S BUSINESS CREDIT AS IMPLEMENTATION OF PRUDENTIAL PRINCIPLES ]]>
<![CDATA[Hari Sutra Disemadi]]>
<![CDATA[ Diponegoro Law Review Vol 4, No 2 (2019): Diponegoro Law Review October 2019 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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DOI: 10.14710/dilrev.4.2.2019.194-208
<![CDATA[The bank is a financial institution that has an intermediary function that bridges the interests of parties who are excess funds (creditors) and those who need funds (debtors). Banks in channeling funds, among others, through the provision of credit to the public. However, loans issued by banks contain a lot of risk, one of them is People's Business Credit (KUR). Issues regarding the risks of granting credit above will be discussed in this study, which this study uses a normative juridical method using the statutory approach. This study shows the arrangements regarding risk management are regulated in PBI Number 11/25/PBI/2009 concerning the Application of Risk Management in Commercial Banks and in Regulation of the Financial Services Authority Number 18 / POJK.03 / 2016 Regarding the Implementation of Risk Management for Commercial Banks. The implementation of the prudential principle internally for a bank's Human Resources (HR) is to apply the Banking Risk Management Principles. Banking practices usually assess five aspects of debtors (the five C’s analysis), namely: character, capital, capacity, economic conditions and collateral.]]>
<![CDATA[THE LIQUIDATOR LIABILITY IN THE PROCESS OF CORPORATE LIQUIDATION ]]>
<![CDATA[Agus Nurudin]]>
<![CDATA[ Diponegoro Law Review Vol 4, No 1 (2019): Diponegoro Law Review April 2019 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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DOI: 10.14710/dilrev.4.1.2019.114-121
<![CDATA[Provisions of Article 149 paragraph (1) of Law Number 40 of 2007 concerning Limited Company/Limited Liability Company do not mention the authority to verify bill of creditors and the authority to sell property assets. In practice, the liquidator often acts as the seller of the company’s assets. This was doneto fill the legal vacuumfor the smooth liability of the liquidator. Therefore, the problem is how are the provisions of the legislation to the obligations of the liquidator in the process of liquidation of the limited liability company? The study approach method used is a description of juridical ciritical analysis. The urgency of writing this article is so that the liquidator is authorized to verify creditor bills and authority and sell assest. The result of a descriptive study of critical analysis are normal obligations of the liquidator to do the liquidation of the company’sassest other than those stipulated in article 149 paragraph (1) namely the authority to verify the creditor’s bill as well as the authority to sell Limited Liability Company assets.]]>
<![CDATA[INDONESIA’S AIR SOVEREIGNTY ISSUES IN THE GLOBAL ERA ]]>
<![CDATA[Adya Paramita Prabandari]]>
<![CDATA[ Diponegoro Law Review Vol 4, No 2 (2019): Diponegoro Law Review October 2019 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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DOI: 10.14710/dilrev.4.2.2019.181-193
<![CDATA[A state has a government as the supreme authority that has a complete and exclusive jurisdiction over its territory. It is very important to Indonesia, with its vast territory, to preserve and uphold the state’s sovereignty, particularly over its airspace. Especially in this global era, when the rapid development of technologies resulting in the end of geography era, and the world seems to be borderless. The issue discussed in this paper is Indonesia’s air sovereignty issues in the global era. The things to be concerned by the Government of Indonesia on the management and protection of the state’s sovereignty over the airspace in the global era are: (1) the take over of the Flight Information Region above Riau and Natuna from Singapore FIR; (2) the prevention and suppression of airspace violation incidents; and (3) the impact of Indonesia’s ratification on the ASEAN Open Skies Policy to the protection of the sovereignty over Indonesia’s airspace. A state’s airspace is very strategic because it is the first fortress of a state, in which all foreign forces can fly in first. Therefore as a state with vast territory, the Government of Indonesia must work hard to be able to preserve and uphold the sovereignty over its territory, especially in defending the state’s sovereignty over its airspace in the global era.]]>
<![CDATA[Table of Content and Editorial ]]>
<![CDATA[Diponegoro Law Review]]>
<![CDATA[ Diponegoro Law Review Vol 2, No 2 (2017): Diponegoro Law Review October 2017 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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<![CDATA[Diponegoro Law Review, October 2017, Volume 02, Number 02Table of ContentEditorial ]]>
<![CDATA[REGULATIONS FOR E-COMMERCE AGREEMENT ACCORDING TO ICT ACT AND TITLE III OF INDONESIAN CIVIL CODE ]]>
<![CDATA[Ery Agus Priyono]]>;
<![CDATA[Budiharto Budiharto]]>;
<![CDATA[Asri Hayyunniarizka Wulandari]]>
<![CDATA[ Diponegoro Law Review Vol 4, No 1 (2019): Diponegoro Law Review April 2019 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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DOI: 10.14710/dilrev.4.1.2019.76-88
<![CDATA[As a fruit of technological telecommunication prowess that is the internet, e-commerce has unveil the barrier that obstructs economic growth due to the unnecessarily complicated conventional procedures of bureaucracy. Technological deveopment in telecommunication has a great contribution to the economic growth for which we should be thankful. Yet at the same time, it needs to be regulated in order to construct a condusive and viable climates for economic growth. This article intends to disclose the availability of regulations that can ensure the safety and stability of the economy and keep the investors, consumers and entrepreneurs in accordance with the Title III of Indonesian Civil Code. The research method of this paper is normative approach that is based on secondary data. The outcome of the research is we found out that e-commerce practices shall be subjected under paragraphs 1320, 1321, 1337, 1338 and 1339 of Indonesian Civil Code.]]>
<![CDATA[IMPLEMENTATION OF STATE OF EMERGENCY WITHIN THE CONSTITUTIONAL LAW SYSTEM IN INDONESIA ]]>
<![CDATA[Muhammad Rinaldy Bima]]>
<![CDATA[ Diponegoro Law Review Vol 4, No 1 (2019): Diponegoro Law Review April 2019 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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DOI: 10.14710/dilrev.4.1.2019.122-135
<![CDATA[This research aims at analyzing the state governance practice which frequently and extraordinarily takes place when governing the state administration, in which the common legal system is unable to accommodate the people's interests. Self-governance is highly necessary that the state function may effectively run independently as the state organ by ensuring respect and compliance of right guaranteed by the state 1945 constitution of the Republic of Indonesia (UUD NRI 1945) as the highest legal document in governing the state. The legal equipment should be able to anticipate various possibilities of emergency conditions to ensure the sustainability of state life]]>
<![CDATA[REINFORCEMENT OF PANCASILA AS A PHILOSOPHY OF REGULATION-MAKING ]]>
<![CDATA[Lita Tyesta ALW]]>
<![CDATA[ Diponegoro Law Review Vol 5, No 1 (2020): Diponegoro Law Review April 2020 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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DOI: 10.14710/dilrev.5.1.2020.67-76
<![CDATA[The purpose of law is to implement the ideals of order and justice into the interpersonal space of life that is society. Therefore, every legal regulation must abide and be based on norms that exist in society which envisages the modern ordered and just society. The law should be prospective, understandable, clear, fixed and certain. In Indonesia, Pancasila is a set of five principles by which the whole systems of government, law, and social life should be adopted by the nation. However, the current political climate has changed the political reception towards reinforcing Pancasila as the basic philosophy of regulation-making. This conceptual article discussed about how the process of regulation-making should be based on Pancasila as grundnorm, or basic norms of the nation’s life. This article concluded that the elaboration of the grundnorm in the formation of laws and regulations by taking into account the principles of the formation of laws and regulations as well as the principles of material content along with the guidelines and techniques for their formation, so that the formation of laws and regulations fulfills the rules in substance (materially) and formally.]]>
<![CDATA[LAW ENFORCEMENT BASED ON THE ENVIRONMENT: SOLUTION OF LAND PROBLEMS AFTER TSUNAMI, LIQUEFACTION, AND EARTHQUAKE IN CENTRAL SULAWESI ]]>
<![CDATA[Sulbadana Sulbadana]]>
<![CDATA[ Diponegoro Law Review Vol 5, No 1 (2020): Diponegoro Law Review April 2020 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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DOI: 10.14710/dilrev.5.1.2020.140-155
<![CDATA[On September 28, 2018, there was a natural disaster in the form of Tsunami, Liquefaction, and Earthquake that struck Palu City. Sigi Regency and Donggala Regency, Central Sulawesi Province, in addition to damaging various infrastructures, the natural disaster also claimed lives that made the government have to issue a policy by setting red zones or areas that are not habitable. With the policy to determine the red zone, it will certainly cause problems related to the status of the land after being abandoned by the owner and until now there is no certainty related to what is the basis for the determination of the red zone by the government, there is no guarantee that the red zone is an uninhabitable area, giving rise to a polemic what if after being abandoned for a long time it turns out that nothing happened as feared in the red zone. The law is demanded to be present to answer the problem and provide solutions for all parties with a legal approach based on ecology and the values of natural balance.]]>
<![CDATA[JUDICIAL REFORMS IN CHINA: THE WAY OF STRENGTHENING THE JUDICIAL INDEPENDENCE ]]>
<![CDATA[Mohammad Saiful Islam]]>;
<![CDATA[Xu Xin]]>
<![CDATA[ Diponegoro Law Review Vol 5, No 1 (2020): Diponegoro Law Review April 2020 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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DOI: 10.14710/dilrev.5.1.2020.1-18
<![CDATA[The idea of judicial independence and Chinese courts are the parallel subject matter of discourse among the scholars in several fields in place of either judicial independence strengthen or restricted as Chinese authority continually pushes numerous judicial reform strategy year to year. The westerns, frequently, utter China’s courts are beyond enjoying appropriate independence to decide judicial verdicts solely and independently. Conversely, the Chinese leaders enunciate they entirely extempore to swallow the Western impresses as they are a cradle of rescinding the unique Chinese features. This paper, broadly, attempts to address the design of several rounds of judicial reform policy till nowadays as a means of strengthening the independence of courts. The study catches that the Chinese authority invests rigorous reform efforts to the efficient management of court administrations; to recruit better-qualified judges; to reduce internal interference from party leaders and courts seniors. They also amended laws to progress decisional independence that will extend the Chinese judiciary closer to unaffected judicial independence. ]]>
<![CDATA[IMPLEMENTATION OF INVESTMENT FUNDS SHARING AGREEMENT IN SHARIA BANKING SYSTEM IN INDONESIA ]]>
<![CDATA[Evita Isretno Israhadi]]>
<![CDATA[ Diponegoro Law Review Vol 5, No 1 (2020): Diponegoro Law Review April 2020 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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DOI: 10.14710/dilrev.5.1.2020.77-91
<![CDATA[Mudharabah financing investment, also known as trust financing, is a method of distributing funds in Sharia banking to comply with the religious prohibition of interest on loans. However, the use of legal protection has not been maximized in increasing the growth of mudharabah financing investment products, especially for SMEs (Micro, Small and Medium Enterprises), due to the complicated process of filing and guarantees needed by the bank. This study, therefore aims to implement adequate investment funds sharing agreement in Indonesia’s Sharia Banking System for mudharabah investments to be felt in all categories. The result showed that regulatory restructuring is needed for the application of mudharabah investment to be a real sector driver without eliminating the purity of Islamic principles.]]>
