Diponegoro Law Review
EISSN : 25274031
Current Publisher: Diponegoro University (10.14710)
Total articles ≅ 80
Latest articles in this journal
Diponegoro Law Review, Volume 4, pp 136-151; doi:10.14710/dilrev.4.2.2019.136-151
Abstract: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.
Diponegoro Law Review, Volume 4, pp 244-255; doi:10.14710/dilrev.4.2.2019.244-255
Abstract: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.
Diponegoro Law Review, Volume 4, pp 152-166; doi:10.14710/dilrev.4.2.2019.152-166
Abstract:Considerable efforts have been made to fight corruption, however it continues to occur in Indonesia. In the present time, corruptions do not only carry out by individuals but also by corporations. However, the Criminal Code and Criminal Procedure Code do not recognize and regulate corporations as the subject of criminal acts, so that law enforcement officials, especially prosecutors, have difficulty in charging corporations. This paper tries to answer question about the role of prosecutors in the eradication of corruption by corporation based on The General Attorney Regulation Number: PER-028/A/JA/10/2014 on guidelines for prosecuting corporation. The research method employed is normative juridical method, where the data is analyzed with qualitative methodology. The General Attorney Regulation on Corporate Legal Subjects explains more apparent criteria for actions that can be attributed to the corporation. The regulation combines several theories of corporate criminal liability not only heavily rely on vicarious criminal liability theory. It also provides direction about the separation of corporate liability and director’s liability. With this guideline, the public prosecutors have clearer direction to be able to charge the corporation so that it can restore the state finances that have been harmed by the corruption act.
Diponegoro Law Review, Volume 4, pp 167-180; doi:10.14710/dilrev.4.2.2019.167-180
Abstract:Nowadays, in marriage life, spouse often dealing with big problem as like infertility which make them unable to have offspring. However, due to infertility, the spouse has obtained some efforts to solve their problems. One way to solve the problem is by obtaining surrogacy with the help of surrogate mother. Nevertheless, in Indonesia, especially, surrogacy as well as surrogate mother is still considered to be taboo things and no legal system which regulate the surrogacy and/or surrogate mother. Yet other countries have allowed or legalize the surrogacy practice as well as surrogate mother. Hence, this study aimed to reveal a comparison of legal system on surrogate mother and surrogacy law in Indonesia and India. This study used comparative legal research methodology through the functional method since Indonesia has the same function over the purpose of law establishment on the surrogate mother in India. The result reveals that it needs a legal system on surrogacy and surrogate mother as the legal certainty for any individual especially spouse who could not have offspring along with some reasons such as minimalize prostitution and unregistered marriage, prevent dispute, and to develop scientific field.
Diponegoro Law Review, Volume 4, pp 226-243; doi:10.14710/dilrev.4.2.2019.226-243
Abstract: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.
Diponegoro Law Review, Volume 4, pp 274-290; doi:10.14710/dilrev.4.2.2019.274-290
Abstract: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.
Diponegoro Law Review, Volume 4, pp 256-273; doi:10.14710/dilrev.4.2.2019.256-273
Abstract: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.
Diponegoro Law Review, Volume 4, pp 194-208; doi:10.14710/dilrev.4.2.2019.194-208
Abstract: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.
Diponegoro Law Review, Volume 4, pp 181-193; doi:10.14710/dilrev.4.2.2019.181-193
Abstract: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.
Diponegoro Law Review, Volume 4, pp 209-225; doi:10.14710/dilrev.4.2.2019.209-225
Abstract:Insurance is a risk transfer agreement from the insured to the guarantor. Insurance is a financial institution whose development is quite rapid, both in the world and in Indonesia. Insurance in Indonesia has three forms, namely conventional, sharia, and social. Social Security Organizing Board in Indonesia named BPJS (Badan Penyelenggara Jaminan Sosial). Although all of them are the forms of insurance but has several differences. The fundamental differences are juridical differences and philosophical differences. The purpose of this study is to determine the juridical differences and philosophies of conventional, sharia, and social insurance. This research uses the juridical normative method. This method is used to analyze differences in conventional, sharia and social insurance by studying legal data related to the field. The results of this study found that the legal basis used in conventional, sharia, social insurance has differences. The philosophy of conventional insurance, sharia, and social also has differences. Therefore, although they are both in the form of insurance, conventional, sharia, and social insurance have significant differences respectively.