Diponegoro Law Review最新文献_第4页

THE POSITION OF MORAL VALUES IN LAW 道德价值在法律中的地位

Diponegoro Law Review Pub Date : 2021-04-30 DOI: 10.14710/DILREV.6.1.2021.51-61

Dian Latifiani, Raden Muhammad Arvy Ilyasa

引用次数: 3

LIMITATION OF RELIGIOUS FREEDOM IN RESPONSE TO COVID-19: FROM PUBLIC HEALTH REGULATIONS TO DISCRIMINATORY POLICIES 为应对covid-19限制宗教自由:从公共卫生条例到歧视性政策

Diponegoro Law Review Pub Date : 2021-04-30 DOI: 10.14710/DILREV.6.1.2021.78-95

H. N. Widhiyanti, A. Saraswati

引用次数: 1

SHARIAH COMPLIANCE ON RETAKAFUL IN MALAYSIA 遵守伊斯兰教法在马来西亚的报复行为

Diponegoro Law Review Pub Date : 2021-04-30 DOI: 10.14710/DILREV.6.1.2021.1-16

Nurwajihah Ajlaa Ali, Ruzian Markom

{"title":"SHARIAH COMPLIANCE ON RETAKAFUL IN MALAYSIA","authors":"Nurwajihah Ajlaa Ali, Ruzian Markom","doi":"10.14710/DILREV.6.1.2021.1-16","DOIUrl":"https://doi.org/10.14710/DILREV.6.1.2021.1-16","url":null,"abstract":"Retakaful is an Islamic alternative to the reinsurance industry in ensuring the stability of takaful companies. In Malaysia, the takaful operators need to depend on retakaful operators to ensure the takaful industry's long-term continuity by sharing the risk with the retakaful operators due to the small numbers of takaful operators. As a result, they reinsure their Takaful with the conventional reinsurance companies to meet the market demand. This practice continues to be acceptable based on an argument of unavoidable circumstances such as a necessity (darurah) and a dire need (hajah) due to insufficient retakaful companies. The Shari'ah issues arose on the needs for retakaful operators with conventional reinsurers or operators. Therefore, the paper aims to analyze the role of retakaful and its potential within the industry by identifying. Then it explores the Shari'ah principle and the arguments, existing rules, and regulations on the said issues. This study utilized the doctrinal research method with the content analysis. The data is collected from the library consisting of primary and secondary sources. The study's findings revealed that the Shariah scholars resolution plays essential roles in enhancing the roles of the retakaful industry based on darurah and hajah.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134461654","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

PAKISTAN-INDIA CONFLICT AND THE RIGHT OF SELF-DETERMINATION OF KASHMIR 巴印冲突和克什米尔的自决权

Diponegoro Law Review Pub Date : 2021-04-30 DOI: 10.14710/DILREV.6.1.2021.139-156

Y. Gunawan, D. Putri, Ravenska Marchdiva Sienda, Sigit Rosidi, Ami Cintia Melinda

引用次数: 0

POTENTIAL OCCUPATION IN HALAL INDUSTRY FOR REINFORCEMENT SHARIA ECONOMIC LAW 潜在的职业在清真产业加强伊斯兰经济法律

Diponegoro Law Review Pub Date : 2020-10-30 DOI: 10.14710/dilrev.5.2.2020.156-171

Nurdeng Deuraseh, Bagas Heradhyaksa

{"title":"POTENTIAL OCCUPATION IN HALAL INDUSTRY FOR REINFORCEMENT SHARIA ECONOMIC LAW","authors":"Nurdeng Deuraseh, Bagas Heradhyaksa","doi":"10.14710/dilrev.5.2.2020.156-171","DOIUrl":"https://doi.org/10.14710/dilrev.5.2.2020.156-171","url":null,"abstract":"One of the main critical but interesting issues today to be discussing and debated even there is no right or wrong answer to this issue, is the job opportunity and career for young graduates in almost all educational disciplines especially social and religious science which including also halal science in the current of uncertain and bad economy situation. It is a known fact that everyone of us including myself has gone through a rough start in our life or career upon graduations many years ago. We grabbed whatever came along the way before we built our successful career. We have to pick up any jobs along the line as we have got bills to pay and stomach to feed and later on family to take care. In this article, discussion will be made to identify the challenge and job opportunity for halal science graduates. Its challenge is not so critical as others because halal education is a new discipline that rooted in the Holy Quran and the Sunnah of the Prophet Muhammad (s.a.w) and emerges in modern life as a result of high demand of global society since halal business proposition is ready to be the next world market force in global. In this regards, various Islamic political policies have been determined and implemented in Muslim countries notably Negara Brunei Darussalam for the purpose of disseminating and developing halal education for global reach. It is found that the graduates of halal science may try to secure their job and career in many positions notably as government servant in several Ministries i.e.., education, health, agriculture, trade, finance, etc.; halal auditors; halal consultants; working in Industry/company; research assistant & researcher in Universities; Educationist i.e., teacher; religious preachers (Da`i); academician; halal- entrepreneur and MA & PhD Students.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123802807","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

EFFORTS TO PROTECT CONSUMER’S SPIRITUAL RIGHTS IN ORGANIZING ISLAMIC MICROFINANCE INSTITUTIONS IN INDONESIA 在印度尼西亚组织伊斯兰小额信贷机构，努力保护消费者的精神权利

Diponegoro Law Review Pub Date : 2020-10-30 DOI: 10.14710/dilrev.5.2.2020.172-187

H. Disemadi, A. Ningsih

{"title":"EFFORTS TO PROTECT CONSUMER’S SPIRITUAL RIGHTS IN ORGANIZING ISLAMIC MICROFINANCE INSTITUTIONS IN INDONESIA","authors":"H. Disemadi, A. Ningsih","doi":"10.14710/dilrev.5.2.2020.172-187","DOIUrl":"https://doi.org/10.14710/dilrev.5.2.2020.172-187","url":null,"abstract":"Microfinance Institutions (MFIs) are part of non-bank financial institutions. In organizing, MFIs can be implemented with sharia principles, but not a few people who assume that this Sharia-based MFI is only a label to attract the sympathy of the Muslim community. Based on this, this study aims to determine the legal policies for the implementation of MFIs in Indonesia and to find out regulatory policies regarding sharia principles in the organization of MFIs as an effort to protect the spiritual rights of consumers. This study uses a normative juridical research method with a conceptual approach and a statutory approach. This study shows the legal basis for the organization of MFIs is Law Number 1 of 2013, POJK Number 14/POJK.05/2014, POJK Number 61/POJK.05/2015, and POJK Number 62/POJK.05/2015. The policy of regulating the application of sharia principles as an effort to protect the spiritual rights of consumers has also been regulated in the MFI Law and the implementing regulations namely POJK Number 62/POJK.05/2015 concerning Business Administration of MFIs which in the implementation of sharia-based MFIs must use mudharabah, musyarakah, murabahah, ijarah, salam, istishna, ijarah muntahiah bit tamlik or other contracts (akad) that do not conflict with sharia principles. The policy of applying sharia principles in organizing MFIs is intended to guarantee the protection of the spiritual rights of consumers from Islamic MFIs.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"78 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125261204","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

JUDICIAL REFORMS IN CHINA: THE WAY OF STRENGTHENING THE JUDICIAL INDEPENDENCE 中国司法改革:加强司法独立的途径

Diponegoro Law Review Pub Date : 2020-04-30 DOI: 10.14710/dilrev.5.1.2020.1-18

M. Islam, X. Xin

引用次数: 2

INDONESIA’S AIR SOVEREIGNTY ISSUES IN THE GLOBAL ERA 全球化时代印尼的空中主权问题

Diponegoro Law Review Pub Date : 2019-09-30 DOI: 10.14710/dilrev.4.2.2019.181-193

A. Prabandari

{"title":"INDONESIA’S AIR SOVEREIGNTY ISSUES IN THE GLOBAL ERA","authors":"A. Prabandari","doi":"10.14710/dilrev.4.2.2019.181-193","DOIUrl":"https://doi.org/10.14710/dilrev.4.2.2019.181-193","url":null,"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.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116925887","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

THE ROLE OF GENERAL ATTORNEY IN ERADICATION OF CORRUPTION BY CORPORATION 总检察长在根除公司腐败中的作用

Diponegoro Law Review Pub Date : 2019-09-30 DOI: 10.14710/dilrev.4.2.2019.152-166

Satya Marta Ruhiyat, Ismansyah Ismansyah, Nani Mulyati

{"title":"THE ROLE OF GENERAL ATTORNEY IN ERADICATION OF CORRUPTION BY CORPORATION","authors":"Satya Marta Ruhiyat, Ismansyah Ismansyah, Nani Mulyati","doi":"10.14710/dilrev.4.2.2019.152-166","DOIUrl":"https://doi.org/10.14710/dilrev.4.2.2019.152-166","url":null,"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.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121875812","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

AL-‘UQUD AL-MURAKKABAH IMPLEMENTATION ON AKAD AL MURABAHAH WA ARRAHN AS A SHARIA BANKING PRODUCT INNOVATION Al - uquud Al - murakkabah实施上对akad Al murabahawa arrahn作为伊斯兰银行产品的创新

Diponegoro Law Review Pub Date : 2019-09-30 DOI: 10.14710/dilrev.4.2.2019.244-255

B. Prabowo

{"title":"AL-‘UQUD AL-MURAKKABAH IMPLEMENTATION ON AKAD AL MURABAHAH WA ARRAHN AS A SHARIA BANKING PRODUCT INNOVATION","authors":"B. Prabowo","doi":"10.14710/dilrev.4.2.2019.244-255","DOIUrl":"https://doi.org/10.14710/dilrev.4.2.2019.244-255","url":null,"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.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132220900","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1