Pub Date : 2021-04-30DOI: 10.14710/DILREV.6.1.2021.51-61
Dian Latifiani, Raden Muhammad Arvy Ilyasa
Moral values in legal science are important. However, the flow of law sees a variety of moral values. This paper aims to see the position of moral values in the science of law. Legal positivism separates strictly between law and morals. According to him, there is no law other than the command of the authorities. Even extreme identifying the law (Recht) as the law (wet). Legal positivism activities are aimed at concrete problems, which are different when compared to natural law thinking which engages itself with the validation of man-made law. For adherents of natural law theory, an unjust law is not law. there is an absolute relationship between law and morality. the two cannot be separated, so the law must refer to moral principles.
{"title":"THE POSITION OF MORAL VALUES IN LAW","authors":"Dian Latifiani, Raden Muhammad Arvy Ilyasa","doi":"10.14710/DILREV.6.1.2021.51-61","DOIUrl":"https://doi.org/10.14710/DILREV.6.1.2021.51-61","url":null,"abstract":"Moral values in legal science are important. However, the flow of law sees a variety of moral values. This paper aims to see the position of moral values in the science of law. Legal positivism separates strictly between law and morals. According to him, there is no law other than the command of the authorities. Even extreme identifying the law (Recht) as the law (wet). Legal positivism activities are aimed at concrete problems, which are different when compared to natural law thinking which engages itself with the validation of man-made law. For adherents of natural law theory, an unjust law is not law. there is an absolute relationship between law and morality. the two cannot be separated, so the law must refer to moral principles.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"494 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":"124309586","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}
Pub Date : 2021-04-30DOI: 10.14710/DILREV.6.1.2021.78-95
H. N. Widhiyanti, A. Saraswati
A number of regulations and policies implemented by some countries regarding the limitations of freedom to manifest religion or belief have been highly debated since the Covid-19 pandemic. Many argue such policies are discriminative and inconsistent with human rights law. Thus, this paper aims at analyzing the concept of human rights in the implementation of religion manifestation during the pandemic, and investigating how states implement policies according to the international human rights legal framework. This normative research which uses comparative and conceptual approach concludes that policies established by states in general can be legitimized on several conditions, among others for public health concerns. In addition, the proportionality and the non-discrimination principles need to be applied accordingly.
{"title":"LIMITATION OF RELIGIOUS FREEDOM IN RESPONSE TO COVID-19: FROM PUBLIC HEALTH REGULATIONS TO DISCRIMINATORY POLICIES","authors":"H. N. Widhiyanti, A. Saraswati","doi":"10.14710/DILREV.6.1.2021.78-95","DOIUrl":"https://doi.org/10.14710/DILREV.6.1.2021.78-95","url":null,"abstract":"A number of regulations and policies implemented by some countries regarding the limitations of freedom to manifest religion or belief have been highly debated since the Covid-19 pandemic. Many argue such policies are discriminative and inconsistent with human rights law. Thus, this paper aims at analyzing the concept of human rights in the implementation of religion manifestation during the pandemic, and investigating how states implement policies according to the international human rights legal framework. This normative research which uses comparative and conceptual approach concludes that policies established by states in general can be legitimized on several conditions, among others for public health concerns. In addition, the proportionality and the non-discrimination principles need to be applied accordingly.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"48 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":"133947816","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}
Pub Date : 2021-04-30DOI: 10.14710/DILREV.6.1.2021.1-16
Nurwajihah Ajlaa Ali, Ruzian Markom
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.
{"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}
Pub Date : 2021-04-30DOI: 10.14710/DILREV.6.1.2021.139-156
Y. Gunawan, D. Putri, Ravenska Marchdiva Sienda, Sigit Rosidi, Ami Cintia Melinda
The dispute in Jammu and Kashmir has been tensed by the revocation of Article 370 of the Indian Constitution by the Indian government in the end of 2019. The existence of Kashmir has become one of matters as the main focus between India-Pakistan conflicts. People are under diverse senses of de facto and de jure martial law. Estimated from 1990, thereabouts 70,000 people have been killed, 8,000 people have been subjected to enforced disappearances, thousand of them also victims of repressive laws and Indian security forces humiliate the protestors and detainees frequently. The research is normative legal research by using statute approach and case approach through literature review. The research aims to discuss and analyze the implementation of the rights of self-determination pursuant to Kashmir dispute between India and Pakistan. The results of the study indicate all the disputes should be ended by giving the right to self-determination, which should be given to the people of Kashmir, thus the disputes between the two countries can be resolved properly and making a clarity of Kashmir status.
{"title":"PAKISTAN-INDIA CONFLICT AND THE RIGHT OF SELF-DETERMINATION OF KASHMIR","authors":"Y. Gunawan, D. Putri, Ravenska Marchdiva Sienda, Sigit Rosidi, Ami Cintia Melinda","doi":"10.14710/DILREV.6.1.2021.139-156","DOIUrl":"https://doi.org/10.14710/DILREV.6.1.2021.139-156","url":null,"abstract":"The dispute in Jammu and Kashmir has been tensed by the revocation of Article 370 of the Indian Constitution by the Indian government in the end of 2019. The existence of Kashmir has become one of matters as the main focus between India-Pakistan conflicts. People are under diverse senses of de facto and de jure martial law. Estimated from 1990, thereabouts 70,000 people have been killed, 8,000 people have been subjected to enforced disappearances, thousand of them also victims of repressive laws and Indian security forces humiliate the protestors and detainees frequently. The research is normative legal research by using statute approach and case approach through literature review. The research aims to discuss and analyze the implementation of the rights of self-determination pursuant to Kashmir dispute between India and Pakistan. The results of the study indicate all the disputes should be ended by giving the right to self-determination, which should be given to the people of Kashmir, thus the disputes between the two countries can be resolved properly and making a clarity of Kashmir status.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"109 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":"132435472","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}
Pub Date : 2020-10-30DOI: 10.14710/dilrev.5.2.2020.156-171
Nurdeng Deuraseh, Bagas Heradhyaksa
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.
{"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}
Pub Date : 2020-10-30DOI: 10.14710/dilrev.5.2.2020.172-187
H. Disemadi, A. Ningsih
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.
小额信贷机构(MFIs)是非银行金融机构的一部分。在组织方面，小额信贷机构可以根据伊斯兰教法的原则来实施，但也有不少人认为这个基于伊斯兰教法的小额信贷机构只是一个吸引穆斯林社区同情的标签。基于此，本研究旨在确定印度尼西亚小额信贷机构实施的法律政策，并找出小额信贷机构组织中有关伊斯兰教原则的监管政策，以保护消费者的精神权利。本研究采用一种规范的法律研究方法，包括概念研究方法和成文法研究方法。本研究表明，小额信贷机构组织的法律依据是2013年第1号法律，POJK第14号/POJK。2014年5月，POJK第61号。和POJK编号62/POJK.05/2015。作为保护消费者精神权利的一项努力，规范适用伊斯兰教法原则的政策也在小额信贷机构法和执行条例(即POJK第62/POJK号)中得到规定。关于小额信贷机构的工商管理，在实施基于伊斯兰教法的小额信贷机构必须使用mudharabah, musyarakah, murabahah, ijarah, salam, istishna, ijarah muntahiah bit tamlik或其他不与伊斯兰教法原则冲突的合同(akad)。在组织小额信贷机构时采用伊斯兰教法原则的政策旨在保障消费者免受伊斯兰小额信贷机构侵害的精神权利。
{"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}
Pub Date : 2020-04-30DOI: 10.14710/dilrev.5.1.2020.1-18
M. Islam, X. Xin
The idea of judicial independence and Chinese courts are the parallel subject matter of discourse among the scholars in several fields in place of either judicial independence strengthen or restricted as Chinese authority continually pushes numerous judicial reform strategy year to year. The westerns, frequently, utter China’s courts are beyond enjoying appropriate independence to decide judicial verdicts solely and independently. Conversely, the Chinese leaders enunciate they entirely extempore to swallow the Western impresses as they are a cradle of rescinding the unique Chinese features. This paper, broadly, attempts to address the design of several rounds of judicial reform policy till nowadays as a means of strengthening the independence of courts. The study catches that the Chinese authority invests rigorous reform efforts to the efficient management of court administrations; to recruit better-qualified judges; to reduce internal interference from party leaders and courts seniors. They also amended laws to progress decisional independence that will extend the Chinese judiciary closer to unaffected judicial independence.
{"title":"JUDICIAL REFORMS IN CHINA: THE WAY OF STRENGTHENING THE JUDICIAL INDEPENDENCE","authors":"M. Islam, X. Xin","doi":"10.14710/dilrev.5.1.2020.1-18","DOIUrl":"https://doi.org/10.14710/dilrev.5.1.2020.1-18","url":null,"abstract":"The idea of judicial independence and Chinese courts are the parallel subject matter of discourse among the scholars in several fields in place of either judicial independence strengthen or restricted as Chinese authority continually pushes numerous judicial reform strategy year to year. The westerns, frequently, utter China’s courts are beyond enjoying appropriate independence to decide judicial verdicts solely and independently. Conversely, the Chinese leaders enunciate they entirely extempore to swallow the Western impresses as they are a cradle of rescinding the unique Chinese features. This paper, broadly, attempts to address the design of several rounds of judicial reform policy till nowadays as a means of strengthening the independence of courts. The study catches that the Chinese authority invests rigorous reform efforts to the efficient management of court administrations; to recruit better-qualified judges; to reduce internal interference from party leaders and courts seniors. They also amended laws to progress decisional independence that will extend the Chinese judiciary closer to unaffected judicial independence. ","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129467083","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}
Pub Date : 2019-09-30DOI: 10.14710/dilrev.4.2.2019.181-193
A. Prabandari
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.
{"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}
Pub Date : 2019-09-30DOI: 10.14710/dilrev.4.2.2019.152-166
Satya Marta Ruhiyat, Ismansyah Ismansyah, Nani Mulyati
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.
{"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}
Pub Date : 2019-09-30DOI: 10.14710/dilrev.4.2.2019.244-255
B. Prabowo
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.
本文旨在确定al- quud al-murakkabah和akad al murabahah wa arrahn在伊斯兰银行产品创新中的应用。本研究采用基于理论内容的分析方法，采用四种类型的法律方法，即:(i)历史/历史;法学/哲学;(3)比较;(四)分析性和批判性。此外，需要一种协调的方法，使伊斯兰教银行产品的创新与伊斯兰教合规原则保持一致。本研究的结论是:1)al-ququd al-murakkabah作为一种伊斯兰银行产品的创新，大多数Hanafiyah学者、Malikiyah学者、Shafi'i学者和Hanbali学者的一些观点认为，根据伊斯兰教法，法律是合法的和允许的;2)al-ququd al-murakkabah在Murabahah wa ar Rahn合同中的实施不符合伊斯兰教法合规原则。因为al Murabahah wa ar Rahn合同结合了几个导致高利贷或类似高利贷的合同，例如除了wakalah合同和Rahn合同外，主要是将Murabahah合同与qardh合同结合在一起。
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