Diponegoro Law Review

Journal Information
EISSN : 2527-4031
Published by: Diponegoro University (10.14710)
Total articles ≅ 140
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Latest articles in this journal

Rofi Wahanisa, Suhadi Suhadi, Aprila Niravita
Published: 28 April 2022
Diponegoro Law Review, Volume 7, pp 70-87; https://doi.org/10.14710/dilrev.7.1.2022.70-87

Abstract:
A number of activities related to land acquisition for public interest use waqf. The principle of waqf is derived from Islamic Law in which wakif (the owner) donates waqf (in the form of land) to nazhir (the manager of the edified property) for worship purposes. The problems in this paper consist of whether there is a system regarding waqf land acquired for public interest, and how compensation and supervision are given regarding waqf land acquired for developing public interest. Using normative legal research with legislation and conceptual approach, this paper argues that acquisition of waqf land is regulated in Law No. 2/2012 on Land Acquisition for Developing Public Interest and Law No. 41/2004 on Waqf. it is regulated that compensation will be given to nazhir for waqf land acquired. It also regulates that the status of waqf land can be changed into non-waqf one for public interest through exchange mechanism. In order to provide legal certainty over waqf land acquired for public interest, legislation on land acquisition needs to be harmonized with legislation on waqf.
Iffah Karimah
Published: 28 April 2022
Diponegoro Law Review, Volume 7, pp 88-105; https://doi.org/10.14710/dilrev.7.1.2022.88-105

Abstract:
Islamic Bank has unique risk due to its Sharia-compliance principles. Two of risksknown in Islamic Banking are legal risk and sharia risk. This paper aims to explain the legal risk and sharia risk faced by Islamic Banking in Indonesia. Moreover, this paper also will discuss the cause of these risks and its mitigation strategy using Shariah Governance concept. This paper using literature studies from previous research and existing regulation in Indonesia. This research shows that Islamic Banking in Indonesia has unique legal risks and sharia risk due to its adherence to a dual law system: shariah law and national law. There are several causes of legal risk and sharia risk in Islamic Banking in Indonesia, such as lack of supporting legal system and regulation, lack of standardization contract in Islamic Banking, and lack of Court Systems to resolve Islamic Banking’sproblem. Moreover, there are severalissues on the product development process in Islamic Bank. In addition, this paper explores the role of Shariah Governance such as Sharia Supervisory Body and National Shariah Board as a solution to address the problem stemming from legal risk and sharia risk.
Ahmad Ghozi
Published: 28 April 2022
Diponegoro Law Review, Volume 7, pp 34-52; https://doi.org/10.14710/dilrev.7.1.2022.34-52

Abstract:
The development of the Financial Technology (FinTech) Industry in Indonesia is very rapid. Financial Technology (FinTech) can generally be defined as an industry that combines technology and financial features as its business model. One of the advantages FinTech business is the speed and convenience for parties to conduct transactions. The speed and simplicity of transactions in the FinTech business are due to the use of technology in the financial services provided. Furthermore, the FinTech industry facilitates parties to conduct non-face-to-face transactions. The advantages offered by the FinTech industry raise concerns that this business could be used by criminals to commit money laundering crimes. This research tries to see the vital role of using Know Your Customer (KYC) customer principles which are carried out electronically to be applicable in preventing FinTech businesses from being used as a means of committing money laundering crimes.
Nurdeng Deuraseh, Raihana Mohd Raffi, Amalina Roslan, Rahmadi Indra Tektona
Published: 28 April 2022
Diponegoro Law Review, Volume 7, pp 121-137; https://doi.org/10.14710/dilrev.7.1.2022.121-137

Abstract:
Fatwa has been issued in Brunei since the appointment of the first state mufti in 1961, releasing a total of 1525 fatwas throughout his service until 1994. This effort is being continued by Brunei’s current state of mufti since 1994. Various categories of fatwas have been issued and compiled in a series of books as public references. Halal consumption especially in food has been a continuing phenomenon among Muslims. Analyzing previous fatwas can help to interpret patterns or trends for the benefit of future studies or matters of improvement. This study aims to achieve those objectives by analyzing historical data, focusing on fatwas issued about halal consumption. The document analysis method was used to look through fatwas issued from 1994 to 2015 It was found that 6 different areas such as alcohol, ingredients, animal slaughter, food handling, non-muslim involvement, and halal status of the animal. Past fatwas have also shown the importance of laboratory analysis in deducing fatwa. The effect of law implementation can also be seen in this analysis.
Fx. Joko Priyono, Audrey Kartika Putri
Published: 28 April 2022
Diponegoro Law Review, Volume 7, pp 106-120; https://doi.org/10.14710/dilrev.7.1.2022.106-120

Abstract:
The principle of non-refoulement has become jus cogens which obliges every country, both ratifying and not ratifying the 1951 Refugee Convention and the 1967 Protocol not to refuse refugees and asylum seekers to enter the territory of a country and not be returned to their country of origin because their lives will be threatened, persecuted. and tortured. The right to life is a right that cannot be reduced and must be protected and respected by everyone under any circumstances. The pandemic reason cannot be used as an excuse to refuse refugees and asylum seekers on the grounds of protecting the right to health for its citizens. Efforts to quarantine asylum seekers and refugees suspected of or affected by Covid-19/Omicron is a policy that is in accordance with human rights as well as according to the principle of non-refoulement.
Luh Putu Sudini, Made Wiryani
Published: 28 April 2022
Diponegoro Law Review, Volume 7, pp 53-69; https://doi.org/10.14710/dilrev.7.1.2022.53-69

Abstract:
Peraturan Daerah (Perda) are actually formed in the context of implementing provincial/district/city regional autonomy and co-administration tasks, as well as further elaborating the provisions of higher laws and regulations. Ecotourism is a concept of nature-based travel. Law Number 23 of 2014 concerning Regional Government, regulates the affairs and authorities of the provinces, districts and cities. Tourism, environment and forestry affairs are concurrent government affairs, namely the authority is divided between the central government and local governments. Government support in developing ecotourism in the regions is stated in the Regulation of the Minister of Home Affairs Number 33 of 2009 regulating the development of ecotourism in the regions optimally. It needs a strategy of planning, utilization, control, institutional strengthening and community empowerment by taking into account social, economic principles and involving stakeholders interest. However, there are no regulations that more technically regulate the development of ecotourism in the regions. So, there is a vacuum of legal norms. Therefore, local governments have a central role in forming ecotourism regulations in accordance with the ecotourism resource potential of each region. The research was conducted on the problems at which local government level has the authority to form an ecotourism regional regulation and what is the process of its formation. This research uses normative legal research methods, statutory approach, conceptual approach. This study uses an analysis of the Theory of Authority, the elaboration of norms and legislation. The results of the study found that Ecotourism Regional Regulations can be formed by each level of Regional Government according to the government affairs and regional authorities concerned. The obstacle that occurs is that there are still many regions that do not have local regulations on the Master Plan of Regional Tourism Development. This causes the Dinas Pariwisata, Kepemudaan dan Olahraga (Dispaspora) of the area does not have the basis of legal authority to make a document Rencana Induk Pengembangan Parwisata Daerah (RIPPARDA) which serves as a guide to Tourism Management in the area.
Sekar Anggun Gading Pinilih, Aditya Yuli Sulistyawan, Irma Cahyaningtyas, Adya Paramita Prabandari
Published: 28 April 2022
Diponegoro Law Review, Volume 7, pp 17-33; https://doi.org/10.14710/dilrev.7.1.2022.17-33

Abstract:
The issue of citizenship is one of the basic human needs, therefore citizenship status is a right for every citizen that is protected by law. The purpose of this study is to find out how the legal politics of Indonesia in the context of stateless person citizenship rights. This research is normative juridical research that uses a statute approach and a conceptual approach. Based on the results of the study, it was found that legal politics in the form of regulations regarding citizenship in Indonesia from time to time was sufficient to guarantee the rights of Indonesian citizens. However, the Indonesian Citizenship Law does not specifically regulate the stateless person. In addition, there is no policy regarding the granting of citizenship status to stateless persons, so many cases of stateless persons in Indonesia are detained by immigration authorities. Thus, the Indonesian government should emphasize its legal policy in order to optimize legal protection for stateless persons in Indonesia.
Normalita Destyarini, Idha Pratiwi Dyah Sinta Dewi, Ravina Savitri, Alifah Nur Fitriana Naridha
Published: 28 April 2022
Diponegoro Law Review, Volume 7, pp 1-16; https://doi.org/10.14710/dilrev.7.1.2022.1-16

Abstract:
The emergence of social media Youtube also raises new legal problems in the field of copyright. The use of music as a video background by a content creator is often done without the permission of the creator. Using the work without the author's permission violates the exclusive rights of the creator. This paper will describe the policies that YouTube has in protecting music creators as well as law enforcement efforts for Content Creators who use music as a background without the creator's permission in connection with copyright regulations in Indonesia. The research is normative research using a statutory approach, data collection through library research, and analysis using descriptive-analytical techniques. The results of the study show that the protection of music as a background for videos uploaded on the Youtube site is regulated in Article 5, Article 9, and Article 20 of the Copyright Law. Copyright legal protection is provided by Youtube by granting a license, through this license copyright holders can claim Content ID in the event of a violation of copyrighted material. The Indonesian government provides repressive measures that can be taken in the event of copyright infringement through litigation and non-litigation.
Belardo Prasetya Mega Jaya, Ferina Ardhi Cahyani, Idris Idris, Rika Ratna Permata
Published: 28 April 2022
Diponegoro Law Review, Volume 7, pp 150-172; https://doi.org/10.14710/dilrev.7.1.2022.150-172

Abstract:
In the practice the maritime boundary delimitations can cause the overlap of claims between states with opposite or adjacent coasts. Regarding the maritime boundary between Indonesia and Timor-Leste, there was never a maritime boundary between both States, so it needs a settlement of disputes of maritime boundary delimitation between both parties. Therefore, these research aims to explain the methods and principles that could be used in resolving maritime boundary delimitation dispute between state with opposite or adjacent coasts based on international law and analyze how obstacles and solution to solve maritime boundary delimitation dispute between Indonesia and Timor-Leste (East Timor). This research uses normative legal research and Empirical Research Methods. The results of the research show that: (1) the maritime boundary delimitation between Indonesia and Timor-Leste uses enclaving, equidistant, and three-step approach method. (2), Indonesia and Timor Leste have the potential to determine maritime boundaries in the three areas, namely the area to the north of the Oecusse (Ombai Strait), to the north of Timor Island (Wetar Strait) and to the south of Timor Island (Timor Sea). Timor-Leste will still get a maritime territory in District Oecusse but the extent would be negotiated with Indonesia first, while in the Wetar Strait, the territorial sea division of the two countries would consider the outer islands of both countries.
Anggraeni Endah Kusumaningrum
Published: 28 April 2022
Diponegoro Law Review, Volume 7, pp 138-149; https://doi.org/10.14710/dilrev.7.1.2022.138-149

Abstract:
Health services provided by doctors to patients during the COVID-19 pandemic can lead to medical disputes, such as the case of a patient who feels he has been infected with the virus even though the results of the PCR swab are negative, as well as the refusal of patients who are about to give birth because they have not had a PCR swab. Mediation can be used as an alternative to medical dispute resolution outside the court by involving the mediator in order to achieve a final result that is acceptable to the parties. This study uses a normative juridical approach and secondary data sources as the main data through primary, secondary, and tertiary legal materials and will be analyzed qualitatively. The obligation to carry out mediation in medical disputes is considered a faster and relatively inexpensive dispute resolution process and fulfills a sense of justice as regulated in Article 29 of Law No. 36 of 2009 concerning Health in accordance with Article 130 HIR and Article 154 Rbg that cases that do not take the Mediation procedure are a violation. To the provisions of HIR and Rbg. Similarly, PERMA No. 1/2016 concerning Mediation Procedures in Court as a substitute for PERMA No. 1/2008.
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