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COMMUNITY TRENDS TO CHOOSE THE SHARIA ECONOMIC SETTLEMENT AGREEMENT 社区倾向于选择伊斯兰经济和解协议
Diponegoro Law Review Pub Date : 2018-04-30 DOI: 10.14710/DILREV.3.1.2018.104-121
Rabith Madah Khulaili Harsya
{"title":"COMMUNITY TRENDS TO CHOOSE THE SHARIA ECONOMIC SETTLEMENT AGREEMENT","authors":"Rabith Madah Khulaili Harsya","doi":"10.14710/DILREV.3.1.2018.104-121","DOIUrl":"https://doi.org/10.14710/DILREV.3.1.2018.104-121","url":null,"abstract":"The tendency of people to choose the Sharia Economic Dispute Settlement Institution. The facts of the lack of sharia economic case submitted and decided by litigation and non-litigation institutions are the background of the research. This research is a kind of explorative research that uses qualitative approach to mengunggkap legal facts in the context of sharia economy. Data in the form of questionnaires / questionnaires processed only to describe the percentage percentage of the economic tendency of sharia community to choose dispute settlement institutions. This description is a preliminary data that lead researchers to explore the points of question needed in the interview between the results of quantitative data processing with the facts on the ground shows that people choose various options in solving the dispute sharia economy.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"29 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114105865","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
LEGAL POLITICS IN THE AMENDMENT OF REGIONAL HEAD ELECTORAL LAW 区长选举法修改中的法律政治
Diponegoro Law Review Pub Date : 2018-04-30 DOI: 10.14710/DILREV.3.1.2018.122-131
Fayreizha Destika Putri, Ani Purwanti
{"title":"LEGAL POLITICS IN THE AMENDMENT OF REGIONAL HEAD ELECTORAL LAW","authors":"Fayreizha Destika Putri, Ani Purwanti","doi":"10.14710/DILREV.3.1.2018.122-131","DOIUrl":"https://doi.org/10.14710/DILREV.3.1.2018.122-131","url":null,"abstract":"Legal politics means that in every legislations are the result of political calculation from actors in legislative-making. The political context regarding the issue such legislation is based upon has a profound effect in the changing course of that legislation. This paper explores the political calculation, thus legal politics, behind the promulgation of Pilkada (regional leader election) law. It is found that there are two fundamental context within the promulgation of Pilkada; civil society and political party. On the former issue, Pilkada law is intended to encourage more public participation in election as to which the system has been revolutionized into a direct type of election. Meanwhile, the political party tends sought a regulation that will ease their voter mobilization. However, the problem emerges when people starts disinterested with the election which has been stained with dirty competition and nepotism. One can argue that if this problem has not been solved in the foreseeable future, the negative impact will be a disarray of social harmony divided by politically-driven social categories.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121117035","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
CRIMINAL JUSTICE SYSTEM IN ERADICATION OF CORRUPTION IN INDONESIA 印尼刑事司法系统在根除腐败中的作用
Diponegoro Law Review Pub Date : 2018-04-30 DOI: 10.14710/DILREV.3.1.2018.132-141
Bambang Dwi Baskoro, H. Hartiwiningsih, H. Purwadi
{"title":"CRIMINAL JUSTICE SYSTEM IN ERADICATION OF CORRUPTION IN INDONESIA","authors":"Bambang Dwi Baskoro, H. Hartiwiningsih, H. Purwadi","doi":"10.14710/DILREV.3.1.2018.132-141","DOIUrl":"https://doi.org/10.14710/DILREV.3.1.2018.132-141","url":null,"abstract":"Criminal Justice System  in eradication corruption is spesialisation in around General Trial, not yet the same as Usually Criminal Justice System. It’s not  integrated  like normal  criminal  justice  system, because  each other  institution  work  in  criminal justice system  itself  so  appearance  the fragmentaris  and  egosectoral.The regulating in Law  is criminal justice systemsin  eradication  corruption  emplacedCorruption Eradication Commission ( KPK)  as  coordinator, supervision, trigger mechanism institution besides  as  investigators  and  prosecutor  corruption.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123561489","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
JUSTICE IN MANY ROOMS IN SHARIA BANKING DISPUTE RESOLUTION TO ACHIEVE JUSTICE 正义在许多伊斯兰银行纠纷的解决中实现了正义
Diponegoro Law Review Pub Date : 2018-04-30 DOI: 10.14710/dilrev.3.1.2018.43-63
N. Triana, Deddy Purwinto
{"title":"JUSTICE IN MANY ROOMS IN SHARIA BANKING DISPUTE RESOLUTION TO ACHIEVE JUSTICE","authors":"N. Triana, Deddy Purwinto","doi":"10.14710/dilrev.3.1.2018.43-63","DOIUrl":"https://doi.org/10.14710/dilrev.3.1.2018.43-63","url":null,"abstract":"This paper examines the dispute resolution of Sharia Banking. The method is a non-doctrinal legal research using qualitative research  and Socio Legal approach. Sharia banking cannot be separated from the problems between the banking and the Customer. This problem is calledproblematic financing. The resolution  of problematic financing of sharia banks in litigation is now the absolute authority of the Religious Courts. The downside of litigation settlement usually takes a long time, the need for proof, the cost is quite expensive and the result is winningor lost. Therefore, the settlement of sharia banking is very rarely resolved through litigation. Alternative Dispute Resolution is a choice of dispute settlement chosen by Sharia Banking. The first stage isto carry out negotiation between all parties, namely Banking (lender) and The Customer (Debtor) in the form of warning and guidance. If it does not succeed, there will bedebt restructuration. The second step is mediation, in the form of consultation with third party as a mediator.  The mediation determines the rescue process of debt by Banks when a debtor is still unable to return his debt, executed by the bank. According to Marc Galanter these various dispute resolutionsis called justice in many rooms. In Islamic Law it is known as Sulh (peace). However, to a large extent this non-litigation settlement is more satisfactory to both parties in resolving the dispute because it senses fairness and a win-win solution.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115538758","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: 3
PROGRESSIVE LAW REVEALED: A LEGAL PHILOSOPHICAL OVERVIEW 进步的法律揭示:法律哲学概览
Diponegoro Law Review Pub Date : 2018-04-30 DOI: 10.14710/DILREV.3.1.2018.28-42
Erlyn Indarti
{"title":"PROGRESSIVE LAW REVEALED: A LEGAL PHILOSOPHICAL OVERVIEW","authors":"Erlyn Indarti","doi":"10.14710/DILREV.3.1.2018.28-42","DOIUrl":"https://doi.org/10.14710/DILREV.3.1.2018.28-42","url":null,"abstract":"Progressivism is in essence the principles, beliefs, or practices of progressives, i.e. ones believing in moderate social and political  progress in the human condition by means of governmental action. Today’s progressives still fail to offer a coherent account of their core philosophy. They are identified more often by 'what it is not' than by 'what it is'. Progressive law requires the state to embrace a boundless function and use its power to tell people what they must and must not do so as to allow them to get hold of their desired affluence. This concept is embodied in the legal principle Malum Prohibitum. Legal philosophical overview reveals that with this principle progressive law may have the potential to manufacture a system of laws that excessively empowers the state so that liberty is crushed and the light of a free society is replaced with the darkness of tyranny.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"11 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120845397","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
REPOSITION OF WIDOW BY DEATH DIVORCE IN BATAKNESSE INHERITANCE LAW FROM GENDER PERSPECTIVE 从性别视角看bataknesse继承法中寡妇死亡离婚的重新定位
Diponegoro Law Review Pub Date : 2018-04-30 DOI: 10.14710/DILREV.3.1.2018.84-103
A. Sihotang
{"title":"REPOSITION OF WIDOW BY DEATH DIVORCE IN BATAKNESSE INHERITANCE LAW FROM GENDER PERSPECTIVE","authors":"A. Sihotang","doi":"10.14710/DILREV.3.1.2018.84-103","DOIUrl":"https://doi.org/10.14710/DILREV.3.1.2018.84-103","url":null,"abstract":"This journal is to study the reposition of widow in traditional Batak’s hereditary law by using gender approach.  The Batak’s hereditary Law, tends  to be referring  to patrilineal kinship which is determined from the line of father’s or husband’s descent  so the Widow is not the beneficiary  of the husband but the son in the Batak’s ethnic and culture.  Along with the current development and important role of a mother/woman in family life, it is important to re-study more deeply the position of a widow in Batak’s hereditary law and some related theories  which one of themis gender approach .This is considerably important because there are some modern thinker related to customary law who intend to renew the law especially the beneficiary for the sake of gender equality in the current ages by bilaterally repositioning widow to the national  hereditary law . By Educating Batak’s hereditary law from gender perspective, the Batak’s ethic will be able to critically think and flexibly find solution to share the property by positioning the widow as the beneficiary or the heir.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122357463","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
INTERACTIONS BETWEEN LEGAL SYSTEMS IN THE JUDICIAL PROCESS OF KENDENG CASE (A CRITICAL ANALYSIS OF ACCESS TO JUSTICE) 肯登案司法过程中法律制度之间的互动(司法公正的批判性分析)
Diponegoro Law Review Pub Date : 2018-04-30 DOI: 10.14710/DILREV.3.1.2018.15-27
Wahyu Nugroho
{"title":"INTERACTIONS BETWEEN LEGAL SYSTEMS IN THE JUDICIAL PROCESS OF KENDENG CASE (A CRITICAL ANALYSIS OF ACCESS TO JUSTICE)","authors":"Wahyu Nugroho","doi":"10.14710/DILREV.3.1.2018.15-27","DOIUrl":"https://doi.org/10.14710/DILREV.3.1.2018.15-27","url":null,"abstract":"The Indonesian state has the characteristic of legal system plurality in a national legal system, it is interesting to be observed from law making, licencing, law implementation, to judiciary process. State organizers in the context of government (executive power) as the licensors of business activities and the judiciary (judicial power) State Administration, as absolute competence over the objects of environmental administration disputes require optical and comprehensive holistic understanding, amidst the very diverse conditions of the legal system (legal pluralism) and a pluralistic society to be bound in a single national legal system (unification). The problem formulation in this paper is: (1) How is the interaction of continental European legal system and customary law system on kendeng case in the tiered judicial process? And (2) how does the interaction affect the legal system on the judge's mindset over environmental permit disputes objects? In relation to executive power as a licensor, the involvement of the public in the process of publishing environmental documents becomes a very important matter. Kendeng Community of Rembang Regency Central Java Province is fighting for its rights and various access to justice, finally choosing the judicial route as the main tool against the state, namely the State Administrative Court (PTUN) Semarang, High Administrative Court (PT TUN) Surabaya, Until the most recent legal remedy in the judicial system in Indonesia, namely the Review Supreme of Court. In this paper, it shows the interaction between the legal system, the continental European legal system and the customary law system in the process of tiered justice as an access to justice for the kendeng mountain community.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"186 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123720550","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
LEGAL IMPLICATION OF THE AUDIT BOARD OF INDONESIA ON MANAGEMENT AUDIT AND FINANCIAL LIABILITY OF THE STATE AGAINST STATE-OWNED ENTERPRISES 印尼审计委员会对国有企业管理审计和国家财务责任的法律含义
Diponegoro Law Review Pub Date : 2018-04-30 DOI: 10.14710/DILREV.3.1.2018.75-83
H. Juliani
{"title":"LEGAL IMPLICATION OF THE AUDIT BOARD OF INDONESIA ON MANAGEMENT AUDIT AND FINANCIAL LIABILITY OF THE STATE AGAINST STATE-OWNED ENTERPRISES","authors":"H. Juliani","doi":"10.14710/DILREV.3.1.2018.75-83","DOIUrl":"https://doi.org/10.14710/DILREV.3.1.2018.75-83","url":null,"abstract":"The objectives of tis research is to find out implication of BPK (Auditor Board of Republic of Indonesia) in the implementation of auditing and responsibility of state finance which is manage by state own company as regulated by national regulations. This study used normative juridical and analytic descriptive approach. The study indicated that BPK has authorities to conduct finance  audit and control and ask responsibility to BUMN management board because assets of BUMN is belonged to state assest although the assests is separated, it cannot be converted to be BUMN assest. Its juridical implication, there is not transformation from state finance to private finance in managing separated state assests, consequently BPK as independent external auditor has authority  to audit professionally.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124242762","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 PROLIFERATION SYMPTOMS OF POLITICAL DYNASTIES IN BANTEN UNDER THE ERA OF GOVERNOR RATU ATUT CHOSIYAH'S 总督拉图·乔希亚时代万丹政治王朝扩散的征兆
Diponegoro Law Review Pub Date : 2017-10-30 DOI: 10.14710/DILREV.3.2.2018.182-198
Agus Sutisna
{"title":"THE PROLIFERATION SYMPTOMS OF POLITICAL DYNASTIES IN BANTEN UNDER THE ERA OF GOVERNOR RATU ATUT CHOSIYAH'S","authors":"Agus Sutisna","doi":"10.14710/DILREV.3.2.2018.182-198","DOIUrl":"https://doi.org/10.14710/DILREV.3.2.2018.182-198","url":null,"abstract":"Since forming into independent provinces, apart from West Java, Banten political life was marked by the strengthening of the symptoms of a political dynasty, both at the provincial and district and city. At the provincial level, the dominance of the local strongmen, Tb. Chasan Sochib in political of Banten very prominent and managed to put his son, Ratu Atut Chosiyah the governorship for almost two periods (2006-2011 and 2011-2014). Post success in occupying the post of governor, hypothetically Ratu Atut successfully build and develop a political dynasty to the various arenas of public life. This research was carried out on the object of governance and practices of government power governor of Banten province, with the aim to identify and explain how the practice of political dynasties or political kinship in Banten province in the era of the leadership of Governor Ratu Atut Chosiyah proliferate (distribution, diasporic) in various arenas of public life. This study used a qualitative approach, the method of collecting data and information through interviews, triangulation, literature and documents. The results showed that the practice of political dynasties in the era of the leadership of Governor Ratu Atut Chosiyah in Banten show any symptoms of the spread (proliferation, diasporic), not only in the realm of executive and legislative power, but also spread in many arenas of life of society, such as the arena business life, socio-cultural, educational, and organizational.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114455703","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
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