Diponegoro Law Review
EISSN : 25274031
Current Publisher: Diponegoro University (10.14710)
Total articles ≅ 100
Latest articles in this journal
Diponegoro Law Review, Volume 5, pp 77-91; doi:10.14710/dilrev.5.1.2020.77-91
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.
Diponegoro Law Review, Volume 5, pp 108-123; doi:10.14710/dilrev.5.1.2020.108-123
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.
Diponegoro Law Review, Volume 5, pp 92-107; doi:10.14710/dilrev.5.1.2020.92-107
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.
Diponegoro Law Review, Volume 5, pp 34-50; doi:10.14710/dilrev.5.1.2020.34-50
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.
Diponegoro Law Review, Volume 5, pp 67-76; doi:10.14710/dilrev.5.1.2020.67-76
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.
Diponegoro Law Review, Volume 5, pp 1-18; doi:10.14710/dilrev.5.1.2020.1-18
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.
Diponegoro Law Review, Volume 5, pp 124-139; doi:10.14710/dilrev.5.1.2020.124-139
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?
Diponegoro Law Review, Volume 5, pp 140-155; doi:10.14710/dilrev.5.1.2020.140-155
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.
Diponegoro Law Review, Volume 5, pp 51-66; doi:10.14710/dilrev.5.1.2020.51-66
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.
Diponegoro Law Review, Volume 5, pp 19-33; doi:10.14710/dilrev.5.1.2020.19-33
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.