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INDONESIA
Diponegoro Private Law Review
Published by Universitas Diponegoro
ISSN : 25982354     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal ilmiah berkala dari Bagian Hukum Keperdatan Fakultas Hukum Universitas Diponegoro. Jurnal ilmiah ini akan berisi tulisan dari akademisi yang mendalami hukum perdata (perdata barat, perdata agraria, perdata islam, perdata dagang, perdata adat, dan lain-lain).
Arjuna Subject : -
Articles 81 Documents
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PERKAWINAN DALAM PERSPEKTIF HUKUM DAN AGAMA (KAJIAN ATAS JIWA RELIGIUS UUP DAN PRAKTIK PERKAWINAN CAMPURAN INTERRELIGIUS) Yunanto Yunanto
Diponegoro Private Law Review Vol 1, No 1 (2017)
Publisher : Fakultas Hukum, Universitas Diponegoro

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Abstract

The legitimacy of marriage always refers to two laws, religious law and state law. The emphasis on religious law brings consequences to the ban on marriage that is done outside of religious law. Recording of marriage as a manifestation of state law carries the implication that the marriage recording agency only serves to record a marriage when marriage has been committed under religious law. The concept of legitimacy of marriage thus becomes inconsistent when interreligious mixed marriage practices occur. Keywords: Marriage, interreligius
DAMPAK NIKAH SIRRI TERHADAP HAK WARIS ANAK DALAM PERSPEKTIF FIQIH DAN HUKUM POSITIF Mas'ut Mas'ut
Diponegoro Private Law Review Vol 2, No 1 (2018)
Publisher : Fakultas Hukum, Universitas Diponegoro

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Abstract

Marriage is an institution that unites between a man with a woman to be husband and wife in fostering and forming a family sakinah mawaddah and rahmah There are still many people who make marriages that are not in accordance with the pillars and conditions of marriage in accordance with religious teachings. And so there is a marriage that is in accordance with the pillars and religious requirements, but not registered in the Officer of Marriage Certificate in the Office of Religious Affairs. Such marriages are commonly called marriage sirri or marriage under the hands. The marriage of sirah will result in the law of the born child, which is not subject to legal protection of the rights of the child, including the right to obtain inheritance from his real father. However, if viewed with the glass eyes jurisprudence children born are considered to still get his rights from his father, including can inherit his father's property. Keyword : The Marriage of Sirri,Inheritance Rights
HUKUM WAKAF TANAH DAN PENSERTIFIKATANNYA DI INDONESIA Mas'ut Mas'ut
Diponegoro Private Law Review Vol 1, No 1 (2017)
Publisher : Fakultas Hukum, Universitas Diponegoro

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Abstract

Waqf is a legal act of wakif to separate and / or surrender some of his property to be used permanently or for a certain period of time in accordance with its importance for the purpose of worship and / or general welfare according to sharia. While in the Islamic Law Compilation of waqf is the act of a person or group of persons or law that separates part of his or her belongings and institutes them for the purpose of worship or other common purposes in accordance with the teachings of Islam.The wakaf land application process is made after wakif wakaf pledge wakaf to nadzir waqf before the Authorization Pledge of the Wakaf Pledge (PPAIW). Upon PPAIW to make a Wakaf Pledge Act, PPAIW on behalf of nadzir filed an application at the Local Authority Office of the District / City by enclosing some of the requirements; the certificate of land concerned, the Wakaf Pledge Deed, and the letter of confirmation from the KUA of the local subdistrict on the relevant nadzir. Keywords : wakaf, nadzir, waqf land certificate, deed of pledge of waqf.
SISTEM ANALISA YURIDIS TUGAS KOMITE STABILITAS SISTEM KEUANGAN DALAM PENCEGAHAN KRISIS KEUANGAN DI INDONESIA Paramita Prananingtyas
Diponegoro Private Law Review Vol 1, No 1 (2017)
Publisher : Fakultas Hukum, Universitas Diponegoro

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Abstract

Monetary crisis that happened during 1997-1998 had made the Indonesian Government to reform its policy in the monetary system. The most important reformation is in the financial institution. Indonesian government decided to establish a special committee to stabilize the financial system. The legal issue of this paper is the establishment of the Financial System Stability Committee. The purpose of this paper is to understand the reasoning behind the establishment and the operating system of the committee from the point . This is a normative legal research based on secondary sources. This research showed that Financial System Stability Committee based on the Law Number 9 year 2016 on Prevention and Mitigation of Financial System Crisis had to coordinate with its committee member : to preserve and maintain the financial system stability; to handle if the crisis actually happened; to handle the systemic banking problem both in the crisis situation or normal situation.Key words : Bank systemic, financial crisis
PENGANGKATAN ANAK INTERNASIONAL DI INDONESIA Aminah Aminah
Diponegoro Private Law Review Vol 2, No 1 (2018)
Publisher : Fakultas Hukum, Universitas Diponegoro

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Abstract

Nowadays, the number of international adoption child has been increased and many people do not know about the regulation. This article wants to know the regulation, implementation and legal consequences of the international adoption child. Based on normative yuridical approach with analytical descriptive specification show that there are regulation concerning international adoption child which focuses on welfare and child protection aspects, while the implementation process can be done through 10 stages, and the legal effect of the international adoption is two namely the adoption  through a state court causing legal consequences of unlinking the relationship of adopted child with their biological parents, but adopted child also inherited from their adoptive parents, the emergence of custody rights and rights of alimentation. for the  adoption through the Religious court does not result in a new legal effect between an adopted child and an adoptive parent but only raises the rights of safeguarding and education for the adopted child and the will of the will for both. Keywords: adoption of child, International, Indonesia
REVITALISASI DAN AKTUALISASI HUKUM ADAT SEBAGAI SUMBER HUKUM PIDANA POSITIF Sukirno Sukirno
Diponegoro Private Law Review Vol 2, No 1 (2018)
Publisher : Fakultas Hukum, Universitas Diponegoro

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Abstract

Article 2 of the Draft of the Criminal Code Law of 2015 provides a living law opportunity (adat law) in the community as the basis of criminal imposition or is also called the principle of material legality. However, the enactment of living law must be in accordance with the values of Pancasila, human rights and the principles of common law. In relation with the matter, there are three questions that need to be answered, i.e.: the legal expert's response to the addition of the living law in the Draft of the Criminal Code Law, living law requirements, preparation of regional  governments to welcome the application of the principle of material legality. Living law is needed to overcome the gap between the acts derived from the living laws conceived by the community rather than the criminal. However, in the Criminal Code, it is conceived as a crime. Living law should be in accordance with Pancasila, human rights and the principles of common law. For this reason, adat law community needs to revitalize the laws, and, the regional governments should actualize the living laws with their regional regulations afterwards. Keywords: living law, the principle of material legality, revitalization, actualization
REFORMULASI HUKUM ISLAM DALAM PERSPEKTIF PANCASILA Islamiyati Islamiyati
Diponegoro Private Law Review Vol 1, No 1 (2017)
Publisher : Fakultas Hukum, Universitas Diponegoro

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Abstract

Misunderstanding between Islamic law based on Islamic faith and Pancasila based on the agreement of the founders of the Indonesian nation, makes Islamic law unfit to appear in the realm of law science, so it is necessary to study analysis of the relationship between Islamic law with Pancasila and study efforts to reform Islamic law in the perspective of Pancasila. His analysis explains that between Pancasila and Islamic law, both of which go together in realizing the ideals and goals of national law. Pancasila is formed from the principle of unity, social justice, humanity, populist and Belief in the Almighty, all of which is a form of Islamic law practice Keywords: Reformulation, Islamic Law, Pancasila
PENGARUH KESETARAAN GENDER DI ERA GLOBALISASI TERHADAP KONSEP HARTA BERSAMA DALAM SISTEM KEWARISAN ISLAM Muhyidin Muhyidin
Diponegoro Private Law Review Vol 2, No 1 (2018)
Publisher : Fakultas Hukum, Universitas Diponegoro

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Abstract

Fiqh as part of Islamic law is not impermeable to social change, even the development of fiqh in Islam shows the answers of the fuqaha to the circumstances and conditions of his time. Likewise, in the era of globalization that shows a broad change in the level of human life, the changes which will actually give impact to the thought of fiqh which has been held and used as a guide. This paper will try to see to what extent the concept of gender equality as one of the products of globalization will affect the system of common property in the system of Islamic inheritance. The author sees the change in the concept of gender should affect the concept of common property that has been constructed in legislation. Keywords: Gender Equality, Globalization and Joint Treasure
PERANAN ASAS ITIKAD BAIK DALAM KONTRAK BAKU (Upaya Menjaga Keseimbangan bagi Para Pihak) Ery Agus Priyono
Diponegoro Private Law Review Vol 1, No 1 (2017)
Publisher : Fakultas Hukum, Universitas Diponegoro

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Abstract

Good faith is a value that becomes a benchmark in determining whether a contract is feasible or not to be implemented. Good faith is a filter based on morality and propriety for the existence of a contract, after the contract is declared to have been valid under the terms of the legal contract as stipulated in Article 1320 Civil Code. Standard contracts are contracts that tend to be unilateral and tend to violate the principle of freedom of contract. Contracts that in its formation are less involving the other party is often disifati as take it or leave it contract. This exposure aims to examine the function of the principle of good faith in judging a standard contract and its legal consequences if the principle is violated. Descriptive and normative analysis becomes an option in the discussion.sebagai conclusion then the result of the violation of the principle of good faith is the agreement null and void or can be canceled  Keywords : Good faith, standard contract, unilateral,normative
PERLINDUNGAN HUKUM BAGI PARA PIHAK DALAM PERJANJIAN KEMITRAAN PETERNAKAN Ery Agus Priyono
Diponegoro Private Law Review Vol 2, No 1 (2018)
Publisher : Fakultas Hukum, Universitas Diponegoro

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Abstract

This study aims to determine the model of legal protection for parties in the livestock business against the contract clause in the form of partnership cooperation between nucleus and plasma. Legal protection for both employers and workers engaged in livestock business. The research method is normative law research using comparative approach, statutory approach, conceptual approach, and historical approach. The results of research indicate that in the legal protection for the parties can be done by means of the plasma, forming an association in order to be together as one of the parties who will make agreements with the core parties in case of partnership cooperation. This is done so that there is a balance in terms of negotiations in the preparation of contract clauses. So as to achieve a sense of justice, balance and protection of the basic rights of the parties who do the partnership. Keywords: Legal Protection, Livestock Industry, Contracts, Partnership

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