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<![CDATA[URGENCY OF REGULATION: AIRCRAFT AS OBJECT OF CREDIT GUARANTEE ]]>
<![CDATA[Annalisa Yahanan]]>;
<![CDATA[Murzal Murzal]]>;
<![CDATA[Mada Apriandi]]>;
<![CDATA[Febrian Febrian]]>
<![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.5.1.2020.19-33
<![CDATA[Until now in Indonesia, there is no specific regulation regarding aircraft as collateral object. As a result, in practice, the aviation industry players experienced obstacles related to aircraft financing by guarantee agreements with aircraft objects. Such conditions create legal uncertainty both for credit providers (creditors) and the aircraft guarantees (debtors), because there are no references or signs that can provide direction in the guarantee agreement. If there is a default by the debtor, the creditor has no legal basis for how to execute it. To fill the legal vacuum, in practice, a guarantee agreement was found with the fiduciary deed of the aircraft. Whereas the Fiduciary Law expressly states that it does not apply to (mortgages) aircraft. While on the other hand, Law No. 20 of 2014 concerning Notary Position gives authority to the notary to make an aircraft mortgage deed. Thus the regulations in Indonesia give signals to use aircraft as collateral object. Such a situation demands the urgency for regulations on aircraft guarantee that can provide legal certainty and legal protection for the parties.]]>
<![CDATA[THE IMPORTANCE OF LAND REGISTRATION TO SUPPORT SUCCESSFUL ENVIRONMENTAL MANAGEMENT ]]>
<![CDATA[Mira Novana Ardani]]>
<![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.5.1.2020.92-107
<![CDATA[Land registration provides legal certainty and protection to holders of land rights. In its implementation it does not always go well, so that what is the goal can not be achieved. A person or legal entity cannot prove that he is the legal owner of a parcel of land. This can lead to land conflicts. Land conflicts can cause overlapping land tenure and overlapping land permits which often results in environmental damage. This research uses a normative juridical approach. Normative juridical research is research focused on examining the application of rules or norms in positive law. The research objective is to find out what ways can be done so that through land registration activities can support the success of environmental management. The results of the study explained that land registration activities through systematic land registration acceleration resulted in land certification for plots of land that had met the requirements, and could strengthen the one map policy database, so that administrative order could be achieved. It also makes land use plans to support the achievement of national development goals and the greatest prosperity of the people, so as to realize environmental sustainability.]]>
<![CDATA[THOUGHTS ON THE RESPONSIBILITY OF LEGAL ENTITIES IN EUROPE ]]>
<![CDATA[Dimitris Liakopoulos]]>
<![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.5.1.2020.34-50
<![CDATA[The present work is concentrated on a construction of a legal person's model responsibility for the EU countries, with a particular attention for a comparative analyse of the systems assumed in certain European nations (Italian, France, Spain, German, Belgian systems). The end result of this system is oriented to corporates responsibilities that, after the mass transfer of general interest from public service to privates services, corporates have to attend to relatives guarantees. Because it was established a social insecurity level, we have produced a model of corporation’s organisation engaged of a security position, that exceed the traditional standard of culpability.]]>
<![CDATA[SUPERVISION OF KPPU ON THE ACTION OF MERGERS DONE BY MINING COMPANIES ]]>
<![CDATA[Preeti Kartika Putri]]>;
<![CDATA[Paramita Prananingtyas]]>
<![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.5.1.2020.108-123
<![CDATA[Mining companies conduct mergers to ensure and strengthen their position in their relevant market. Mining company mergers that aren’t supervised can result in monopoly and unfair business practices. The issue discussed is the supervision of mergers for mining companies by KPPU. This is a normative juridical research through a statutory and conceptual approach. The result indicates that mining companies are subject to legal provisions of limited liability company and competition law.There is no regulations regarding mergers in Indonesian mining law.Supervision of said mergers by KPPU can be carried out by voluntary consultation or by obligatory post merger notification. The scope of KPPU's supervision also includes mining companies’ compliances in case of notification. Delay of such notification will be examined by KPPU and subsequently fined if proven to have committed violation. However, post merger notification is only adopted by only a few countries for it is considered no longer guarantee legal certainty.]]>
<![CDATA[RESPONSIBILITY OF PUBLIC HEALTH SERVICE BASED ON THE CONSTITUTION OF INDONESIA ]]>
<![CDATA[Ardiansah Ardiansah]]>
<![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.5.1.2020.51-66
<![CDATA[The Indonesian Constitution has mandated health services for its people. Everyone has the right to receive health services, while the state is obliged to provide health services. The implementation of public health services faces problems concerning the president regulations about the increase of health insurance fee. The House of Representatives does not agree with the increase in health insurance fee, because the government should be responsible for the realization of public health services. This research uses normative legal research methods. The results showed that the government's policy of raising fees was considered unfair and burdensome to the people of Indonesia.Health services for the people of Indonesia has been mandated by The Indonesian Constitution. The denial of health services is a violation to the Indonesian constitution. The people have the right to get health services, whereas the state is responsible for providing health services. Therefore, even though the government raises fees, people expect the government to cancel the increase of the fee. Due to the fact that the Indonesian constitution has made it clear that the state is responsible for providing health services to its people.]]>
<![CDATA[HUMAN RIGHTS AND LAW ENFORCEMENT: THE USE OF FORCE IN COUNTER TERRORISM ]]>
<![CDATA[Tubagus Ami Prindani]]>;
<![CDATA[Imam Subandi]]>;
<![CDATA[Marthinus Hukom]]>;
<![CDATA[Fayreizha Destika Putri]]>
<![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.5.1.2020.124-139
<![CDATA[This paper aims at discussing the legal as well as the human rights impact on the use of force and firearms by law enforcement officers in the event of counter terrorism, case study of the Indonesian National Police Counter Terrorism Special Detachment 88 CT (Densus 88 AT Polri). The discussion focuses on the nature of the use of force as well as the use of lethal firearms by law enforcement officers made possible by international legislation and provisions on human rights. Is it possible that the use of force and lethal weapons is still in line with respecting and upholding human rights? How does the state's accountability in the event of use a force by law enforcement officers? How is the validity of the use of deadly forces in the event of arrest or raids conducted by police? Is it true that human rights are always contrary to police duties?]]>
<![CDATA[SHARIAH COMPLIANCE ON RETAKAFUL IN MALAYSIA ]]>
<![CDATA[Nurwajihah Ajlaa Ali]]>;
<![CDATA[Ruzian Markom]]>
<![CDATA[ Diponegoro Law Review Vol 6, No 1 (2021): Diponegoro Law Review April 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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DOI: 10.14710/dilrev.6.1.2021.1-16
<![CDATA[Retakaful is an Islamic alternative to the reinsurance industry in ensuring the stability of takaful companies. In Malaysia, the takaful operators need to depend on retakaful operators to ensure the takaful industry's long-term continuity by sharing the risk with the retakaful operators due to the small numbers of takaful operators. As a result, they reinsure their Takaful with the conventional reinsurance companies to meet the market demand. This practice continues to be acceptable based on an argument of unavoidable circumstances such as a necessity (darurah) and a dire need (hajah) due to insufficient retakaful companies. The Shari'ah issues arose on the needs for retakaful operators with conventional reinsurers or operators. Therefore, the paper aims to analyze the role of retakaful and its potential within the industry by identifying. Then it explores the Shari'ah principle and the arguments, existing rules, and regulations on the said issues. This study utilized the doctrinal research method with the content analysis. The data is collected from the library consisting of primary and secondary sources. The study's findings revealed that the Shariah scholars resolution plays essential roles in enhancing the roles of the retakaful industry based on darurah and hajah.]]>
<![CDATA[DEVELOPMENT OF AN IDEAL MODEL BASED ON POSITIVISM AND ITS IMPLICATION TOWARDS LEGAL SCIENCE AND LAW ENFORCEMENT ]]>
<![CDATA[Yusriyadi Yusriyadi]]>
<![CDATA[ Diponegoro Law Review Vol 5, No 2 (2020): Diponegoro Law Review October 2020 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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DOI: 10.14710/dilrev.5.2.2020.231-244
<![CDATA[The development of legal science and law enforcement is one of the main issues in many countries. The focus of this writing is positivism and its implication towards legal science and law enforcement. Two problems are proposed in this writing there are the implication of positivism towards legal science and law enforcement and the development of legal science and law enforcement ideally. To analyze the problems, socio-legal concept and approach are applied. The analysis found that there is an implication of positivism towards legal science and law enforcement. The implication is more negative than positive. Legal science has turned into a practical science with scientific object limited to legal regulation (lege, lex), while law enforcement has turned into being formalistic and legalistic in nature, and no longer a search of justice and expediency. From the findings, it is concluded with a recommendation of an ideal model of legal science and enforcement, which is called integration/harmonization model. To achieve this ideal model, a change of mindset from mere formalistic-legalistic positivism into a new mindset of integration/harmonization of idealism, positivism, and sociological schools of thought is required..]]>
<![CDATA[THE LEGALITY OF EX-ISIS CITIZENSHIP FROM INDONESIA IN IRAQ AND SYRIA ]]>
<![CDATA[Pulung Widhi Hari Hananto]]>
<![CDATA[ Diponegoro Law Review Vol 6, No 1 (2021): Diponegoro Law Review April 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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DOI: 10.14710/dilrev.6.1.2021.96-107
<![CDATA[After the death of the supreme commander of the Islamic State of Iraq and Syria (ISIS), Abu Bakar Al Baghdadi, marked the end of ISIS's legitimacy and hegemony in the Arabian Peninsula. The incident actually led to a new polemic related to the fate of combatants or sympathizers whose support the ISIS (Foreign Terrorist Fighter). With the defeat of ISIS, many FTF are trapped unable to return to their home/ origin countries. On the other side, the sentiment of the country of origin has arisen to not accept its citizens back and lead to revocation of citizenship status. As one of the donor countries for ISIS member, the Government of Indonesia is faced with serious problems regarding the legality of citizenship status and the threat of radical ideology. The dilemmatic attitude to revoke Indonesian citizenship or to repatriate the Ex-ISIS becomes a matter of climax. The issue of this article to centralize and highlight the legality toward the ex-ISIS citizenship from Indonesia in Iraq and Syria. In addition, this article also to give the perspective and elaboration in matter of consequences to repatriate those former ISIS or to withdraw their citizenship. The results of the study of this article are criticized and also analyze the legality of citizenship of ex ISIS member from Indonesia.]]>
<![CDATA[POTENTIAL OCCUPATION IN HALAL INDUSTRY FOR REINFORCEMENT SHARIA ECONOMIC LAW ]]>
<![CDATA[Nurdeng Deuraseh]]>;
<![CDATA[Bagas Heradhyaksa]]>
<![CDATA[ Diponegoro Law Review Vol 5, No 2 (2020): Diponegoro Law Review October 2020 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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DOI: 10.14710/dilrev.5.2.2020.156-171
<![CDATA[One of the main critical but interesting issues today to be discussing and debated even there is no right or wrong answer to this issue, is the job opportunity and career for young graduates in almost all educational disciplines especially social and religious science which including also halal science in the current of uncertain and bad economy situation. It is a known fact that everyone of us including myself has gone through a rough start in our life or career upon graduations many years ago. We grabbed whatever came along the way before we built our successful career. We have to pick up any jobs along the line as we have got bills to pay and stomach to feed and later on family to take care. In this article, discussion will be made to identify the challenge and job opportunity for halal science graduates. Its challenge is not so critical as others because halal education is a new discipline that rooted in the Holy Quran and the Sunnah of the Prophet Muhammad (s.a.w) and emerges in modern life as a result of high demand of global society since halal business proposition is ready to be the next world market force in global. In this regards, various Islamic political policies have been determined and implemented in Muslim countries notably Negara Brunei Darussalam for the purpose of disseminating and developing halal education for global reach. It is found that the graduates of halal science may try to secure their job and career in many positions notably as government servant in several Ministries i.e.., education, health, agriculture, trade, finance, etc.; halal auditors; halal consultants; working in Industry/company; research assistant & researcher in Universities; Educationist i.e., teacher; religious preachers (Da`i); academician; halal- entrepreneur and MA & PhD Students.]]>
