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Diponegoro Law Review

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Published by Universitas Diponegoro

ISSN : - EISSN : 25274031 DOI : -

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Diponegoro Law Review (Diponegoro Law Rev. - DILREV) is a peer-reviewed journal published by Faculty of Law, Diponegoro University. DILREV published two times a year in April and October. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge.

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Articles 165 Documents

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AIR SOVEREIGNTY AND NO-FLY ZONES Agus Pramono
Diponegoro Law Review Vol 1, No 1 (2016): Diponegoro Law Review October 2016
Publisher : Fakultas Hukum, Universitas Diponegoro

Sovereignty of a state in essence is an embedded, basic element of a state as a supreme power. However, the sovereignty of a state can only be applied within its own borders, where outside of its own territory the sovereignty of another country takes over. This research was carried out based on the approach of current legal regulations and review of literature. The study showed that airspace sovereignty is, in principle, embedded to a state of which ownership is exclusive in nature. No-fly zones are airspace in which a sovereign state determines to be restricted for flight traffic based on the existing international and national regulations. Keywords: State sovereignty, No-fly zone, International law

REMODELLING AND REPOSITIONING OF COURT’S MEDIATION IN INDONESIA R. Benny Riyanto
Diponegoro Law Review Vol 1, No 1 (2016): Diponegoro Law Review October 2016
Publisher : Fakultas Hukum, Universitas Diponegoro

This article is intended to explain the failure of the use of mediation in Indonesia, particularly mediation which is integrated with the court (court connected mediation). The focus of the problem in this study is about the ideal model of court connected mediation as a strategy to achieve the hope of strengthening and to maximize the function of judiciary institutions in resolving dispute in Indonesia. A method of socio-legal research is used to reveal things that make mediation has not worked effectively in resolving civil case in court. This study resulted that the practice of mediation in civil court is very limited, especially dealing with a model applied by mediators, so it is not always appropriate to the situation faced by the parties in disputes. Moreover, although the Supreme Court Regulation allows co-mediation, in practice, it is never implemented. Even court connected mediation has become part of the dispute because it has been registered and published to public. So that it becomes a non-legal factor that influence the parties to reach agreement. Keywords : mediation, mediator, civil case, model, court.

THE STRATEGIES OF WOMEN PROTECTION IN SOLVING DOMESTIC VIOLENCE CASES IN CENTRAL JAVA THROUGH SHELTERED HOUSE Suteki Suteki; Ani Purwanti
Diponegoro Law Review Vol 1, No 1 (2016): Diponegoro Law Review October 2016
Publisher : Fakultas Hukum, Universitas Diponegoro

Domestic Violence is a highly occured violence which is pervasively victimizing women. Several study show that in the handling process, women, as the victim of domestic violence, has difficulty to go back home, which means she is going to face tortures again by her husband in her house. The problems are: the protection of women in eradicating Domestic Violence in Central Java and; and the ideal protection for women in solving Domestic Violence through Sheltered house. this research uses Socio-Legal method. The existence of sheltered house can become the alternative to protect the victimized women and handle the domestic violence whether in the family sphere or in the public sphere.The increasing number of women as the victim of violence time by time is spreading to the small city but based on the data of 35 regencies and cities in Central Java, only 7 areas which have sheltered house. Keywords: Sheltered House, Domestic Violence, Central Java

IMPACT OF SHADOW BANKING ACTIVITIES AS NON BANK INTERMEDIATION TOWARD REGULATORY DEVELOPMENTS IN FUNCTION CONTROL OF FINANCIAL SERVICES SECTOR IN INDONESIA Lastuti Abubakar; C. Sukmadilaga; Tri Handayani
Diponegoro Law Review Vol 1, No 1 (2016): Diponegoro Law Review October 2016
Publisher : Fakultas Hukum, Universitas Diponegoro

Based on the Global Shadow Banking Monitory Report 2015 issued by the Financial Stability Board, global shadow banking activities manage 80% of global GDP and 90% of the global financial system assets. Hence, this study aimed to examine the regulation and supervision of shadow banking activities in Indonesia. The method used is normative juridical with descriptive analytical research specifications. Based on the research results as follows : regulation of shadow banking in Indonesia's financial services sector covers all financial institutions outside the banking sector or Non-Bank Financial Institutions that the regulations are scattered in various rules. Indonesia has developed an integrated surveillance system for the entire financial services sector, include NBFIs. Development of shadow banking regulation will be based on the strengthening of reporting, monitoring, supervision and regulation. Keywords : regulatory developments, shadow banking, and supervision

CORPORATION CRIMINAL RESPONSIBILITY MODEL BASED ON RESTORATIVE JUSTICE APPROACH IN INDONESIA Pujiyono Pujiyono
Diponegoro Law Review Vol 1, No 1 (2016): Diponegoro Law Review October 2016
Publisher : Fakultas Hukum, Universitas Diponegoro

Based on delinquiry non-potes doctrine, perpetrator and criminal responsibility are done by human (natuurlijk persoonen). Modernity can not be avoided by the development of corporation function. A research is needed to be conducted to answer questions whether criminal law is effective to overcome corporate crime and which corporation criminal responsibility model that can keep the balance of the protection of society and corporation interests through restorative justice approach. This study focuses on finding a win-win solution model of corporation criminal responsibility policy to keep the balance of the protection of society and corporation interests. This study used normative juridical method based on the secondary data,. The result of this research shows that criminal law with its retributive approach and its action which focus on the perpetrator is ineffective to handle corporate crime, because it ignores the victim To overcome those problems, corporation criminal responsibility model based on restorative justice approach in the form of “dual track system selective” is introduced. Keywords: Criminal Responsibility, Corporation and Restorative Justice

HUMAN RIGHTS BASED LAW ENFORCEMENT FOR THE VIOLATION OF LOCAL REGULATION BY CIVIL SERVICE POLICE OF SEMARANG MUNICIPALITY Joko Setiyono
Diponegoro Law Review Vol 1, No 1 (2016): Diponegoro Law Review October 2016
Publisher : Fakultas Hukum, Universitas Diponegoro

In the era of regional autonomy, the role of civil service police in the enforcement of Local Regulations is crucial to support regional development. However in practice, civil service police often find obstacles and resistance from the public they face. Therefore, it is required for civil service police to act on the base of human rights during the regulation enforcement process. The results hows that the performance of Semarang civil service police in conducting the Local Regulations enforcement process during 2009-2014 had been done based on human rights. There are still any resistance from the public in some actions, but it can be understood as the result of lack of socialization about the regulations, lack of dialogue and coordination with the citizens, as well as lack of satisfaction of citizens in the solution or redress given to them. Keywords : human rights, enforcement, violation, local regulation, municipality

BRIDGING THE GAPS : A PARADIGMATIC INSIGHT INTO PHILOSOPHY OF LAW Erlyn Indarti
Diponegoro Law Review Vol 1, No 1 (2016): Diponegoro Law Review October 2016
Publisher : Fakultas Hukum, Universitas Diponegoro

Paradigm represents a worldview that defines, for its holder, the nature of theworld, the individual's place in it, and the range of possible relationships to thatworld and its parts. It comprises of four main elements, i.e. ontology, epistemology,methodology, and methods. Within the discipline of law, there seem to be two setsof gaps separating philosophy of law's building blocks that dissociate, first, legalpractice from legal theory and, second, legal science from legal philosophy. It isthe purpose of this article, with the help of paradigmatic insight, to bridge thosegaps.Keywords: law, philosophy of law, paradigm, paradigmatic study of law

CONSTITUTIONAL HERMENEUTIC: A FAITH IN CONSTITUTION INTERPRETATION M. Ilham Hermawan
Diponegoro Law Review Vol 1, No 1 (2016): Diponegoro Law Review October 2016
Publisher : Fakultas Hukum, Universitas Diponegoro

Hermeneutics can be used as a foundation of understanding on the interpretation of the constitution. Hermeneutic goal is not to develop a set of rules or procedures (methods) on textual interpretation, but as meta in the interpretation. Problems of constitutional interpretation cannot be blasted between theories that exist in the interpretation of the constitution. Clash between theories will not be able to resolve the constitutional issue. Each theory has a foundation of rationality and justification of each method. Therefore, the settlement should be drawn more into the realm of deep again, i.e. into the realm of ontology. The purpose is not to develop a set of rules or procedures on the interpretation of the text “method (be cognitive)” but the search for answers to no interpretation itself “ontis”. So objectivity lies in philosophy, then identified “not on what we do or we should do (in interpretation), but what happens to us other than what we want and do”. So it is clear that the hermeneutic assemble themselves on things that are ontological, and identify relationships that cannot be changed between the reader with the text, in the past and the present, which appears at the beginning of understanding. Keywords : constitutional, hermeneutic, constitution interpretation

IMPORTANCE OF ISLAMIC FINANCIAL SERVICES ACT 2013 IN TAKAFUL INDUSTRY AFTER THE REPELLED TAKAFUL ACT 1984 Siti Norshila Jamil; Jasri Jamal
Diponegoro Law Review Vol 1, No 1 (2016): Diponegoro Law Review October 2016
Publisher : Fakultas Hukum, Universitas Diponegoro

The new Malaysian Islamic Financial Services Act 2013 (Act 759) (‘IFSA 2013’) came into force on the 30th June 2013. Its main objectives are to promote financial stability and compliance to Shariah and further strengthen the regulation of Islamic financial institutions. By this, the IFSA 2013 aims to strengthen consumer protection and further increase the confidence of the public in Takaful. At the same time, it remains to be seen if the IFSA 2013 will also encourage Takaful Operators to take their social and religious responsibility more into consideration, which is fundamental behind the concept of Takaful. Keywords: Takaful, Islamic Financial Services Act 2013

DPD (REGIONAL REPRESENTATIVE COUNCIL), AS A STATE AGENCY OF INDONESIAN STATE SYSTEM, RUNS THE AUTHORITY OF ITS ROLE AND FUNCTION TO CREATE THE EXISTENCE OF BICAMERAL SYSTEM IN INDONESIA John Paulus Pile Tukan; Lita Tyesta ALW
Diponegoro Law Review Vol 3, No 1 (2018): Diponegoro Law Review April 2018
Publisher : Fakultas Hukum, Universitas Diponegoro

DPD (Regional Representatives Council) which is the representative of the region can be a counterweight in strengthening the parliamentary system in Indonesia. Since the amendment begun, the Indonesian parliamentary system has changed from a unicameral system to a bicameral system. However, if noticed, the functions, powers and duties set forth in Article 22 D of the 1945 Constitution and Law No.22 of 2003 on the composition and position of MPR (People’s Consultative Assembly), DPR (House of Representatives), DPD (Regional Representatives Council) and DPRD (Regional People’s Representatives Council), there are many assumptions that whether the function of Regional Representative Council can represent regional’s interests. DPD does not only serve as a counselor of regional autonomy board, and does not serve the legislature, as a country that embraces bicameral system. Bicameral is a term of representation system consisting of two chambers, which in Indonesia are known as DPR RI (House of Representatives of the Republic of Indonesia) and DPD RI (Regional Representatives Council of the Republic of Indonesia) which aims to achieve good government and the achievement of checks and balances between institutions, particularly in the legislature, which is one of the most important elements in the constitutional of the State.

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