Pub Date : 2019-09-30DOI: 10.14710/dilrev.4.2.2019.274-290
Lastuti Abubakar, Tri Handayani
After the global crisis at 2008; Financial Inclusion became a focus in many international forums including developing countries and Indonesia. Refers to international best practice, the solution is made: the national financial inclusion strategies that conducted among other things such as launch a certain programs such as branchless banking and peer to peer lending are the solutions has made. One of the financial inclusive principles is technological innovation to expand public access using financial technology to reach financial systems. This research aims to study and analyze fintech regulation in Indonesia to empower the financial inclusive. Research method is used a normative juridical and descriptive analytics specification. Data has analyzed in a qualitative juridical. The results showed that Fintech has a role in broaden the access for community to financial systems so that it can be a tool for poverty alleviation and economic equality. Likewise, to strengthening and rearrange Fintech regulation is needed due to overcome the obstacles such as the misuse of personal data, the growth of shadow economy and consumer losses. Therefore, it is required a comprehensive regulation, cooperation between authorities and institutions in order that Fintech can be optimally empower the financial inclusion.
{"title":"STRENGTHENING FINANCIAL TECHNOLOGY REGULATION TO EMPOWERMENT FINANCIAL INCLUSIVE","authors":"Lastuti Abubakar, Tri Handayani","doi":"10.14710/dilrev.4.2.2019.274-290","DOIUrl":"https://doi.org/10.14710/dilrev.4.2.2019.274-290","url":null,"abstract":"After the global crisis at 2008; Financial Inclusion became a focus in many international forums including developing countries and Indonesia. Refers to international best practice, the solution is made: the national financial inclusion strategies that conducted among other things such as launch a certain programs such as branchless banking and peer to peer lending are the solutions has made. One of the financial inclusive principles is technological innovation to expand public access using financial technology to reach financial systems. This research aims to study and analyze fintech regulation in Indonesia to empower the financial inclusive. Research method is used a normative juridical and descriptive analytics specification. Data has analyzed in a qualitative juridical. The results showed that Fintech has a role in broaden the access for community to financial systems so that it can be a tool for poverty alleviation and economic equality. Likewise, to strengthening and rearrange Fintech regulation is needed due to overcome the obstacles such as the misuse of personal data, the growth of shadow economy and consumer losses. Therefore, it is required a comprehensive regulation, cooperation between authorities and institutions in order that Fintech can be optimally empower the financial inclusion.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"31 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":"131920103","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.4.2.2019.136-151
Jean Claude Geofrey Mahoro
The growth of the aviation sector has significantly contributed to the global interconnectivity since World War II and presented a strong need for regulation. The Chicago Convention is the first air law that shaped the aviation industry. With that, the United Nations General Assembly set up the International Civil Aviation Organisation (ICAO) with responsibilities that could realise the aviation’s ideal. Despite this development, environmental protection was not a serious concern. However, aviation emissions and noise were later documented to be a serious threat to human health and welfare. ICAO, in its remits, has played a significant role in by establishing a regulatory framework through its policies and standards. With doctrinal method, the researcher discusses those policies and standards in the environmental perspective and their shortcomings in the prevention of GHG emissions and aircraft noise. He also reflects the importance of the United Nations Framework Convention on Climate Change (UNFCCC) 1992 and Kyoto Protocol 1997. Considerably, this paper highlights some areas that need improvements such as ICAO policies and standards’ implementation mechanisms, Global Market-Based Measure (GMBM), Radio Frequency (RF) spectrum, and conventional framework in ICAO. Hence, the researcher recommends respective stakeholders to enhance their partnership by embracing the concept of sustainability in the aviation industry.
{"title":"ICAO’s ROLE IN ENVIRONMENTAL PROTECTION AND ITS SHORTCOMINGS UNDER RAPID GROWTH OF AVIATION INDUSTRY","authors":"Jean Claude Geofrey Mahoro","doi":"10.14710/dilrev.4.2.2019.136-151","DOIUrl":"https://doi.org/10.14710/dilrev.4.2.2019.136-151","url":null,"abstract":"The growth of the aviation sector has significantly contributed to the global interconnectivity since World War II and presented a strong need for regulation. The Chicago Convention is the first air law that shaped the aviation industry. With that, the United Nations General Assembly set up the International Civil Aviation Organisation (ICAO) with responsibilities that could realise the aviation’s ideal. Despite this development, environmental protection was not a serious concern. However, aviation emissions and noise were later documented to be a serious threat to human health and welfare. ICAO, in its remits, has played a significant role in by establishing a regulatory framework through its policies and standards. With doctrinal method, the researcher discusses those policies and standards in the environmental perspective and their shortcomings in the prevention of GHG emissions and aircraft noise. He also reflects the importance of the United Nations Framework Convention on Climate Change (UNFCCC) 1992 and Kyoto Protocol 1997. Considerably, this paper highlights some areas that need improvements such as ICAO policies and standards’ implementation mechanisms, Global Market-Based Measure (GMBM), Radio Frequency (RF) spectrum, and conventional framework in ICAO. Hence, the researcher recommends respective stakeholders to enhance their partnership by embracing the concept of sustainability in the aviation industry.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"147 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":"133616881","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.4.2.2019.226-243
Islamiyati Islamiyati, A. Rofiq, Ro’fah Setyowati, Dewi Padusi Daengmuri
Nowadays, there are still some shortages in the rule of law of the waqf disputes resolution, therefore a lot of waqf disputes have not be solved, and moreover it has no justice value since it does not protect the rights of disputing parties. Why the legal renewal of waqf disputes resolution based on Pancasila is important? The urgency is as the media for the enforcement and the law enactment of the waqf dispute resolution based on Pancasila. This research is field research, and the approach method is juridical empirical. The result of the research is to explain that the legal reform of waqf dispute resolution is important because the waqf disputes always develope based on the socio-cultural development of the society. Besides, it also saves the waqf assets, gives the values of justice and certainty,makes the rule of the law not rigid and closed, can finish the waqf disputes, and makes waqf meaningful in the society. The legal reform of waqf disputes resolution which is based on Pancasila means making the policy that includes determining and deciding the rules of waqf dispute resolution, hence it will be suitable with the direction of national development based on Pancasila.
{"title":"THE LEGAL REFORM OF THE WAQF LAW RESOLUTION BASED ON PANCASILA","authors":"Islamiyati Islamiyati, A. Rofiq, Ro’fah Setyowati, Dewi Padusi Daengmuri","doi":"10.14710/dilrev.4.2.2019.226-243","DOIUrl":"https://doi.org/10.14710/dilrev.4.2.2019.226-243","url":null,"abstract":"Nowadays, there are still some shortages in the rule of law of the waqf disputes resolution, therefore a lot of waqf disputes have not be solved, and moreover it has no justice value since it does not protect the rights of disputing parties. Why the legal renewal of waqf disputes resolution based on Pancasila is important? The urgency is as the media for the enforcement and the law enactment of the waqf dispute resolution based on Pancasila. This research is field research, and the approach method is juridical empirical. The result of the research is to explain that the legal reform of waqf dispute resolution is important because the waqf disputes always develope based on the socio-cultural development of the society. Besides, it also saves the waqf assets, gives the values of justice and certainty,makes the rule of the law not rigid and closed, can finish the waqf disputes, and makes waqf meaningful in the society. The legal reform of waqf disputes resolution which is based on Pancasila means making the policy that includes determining and deciding the rules of waqf dispute resolution, hence it will be suitable with the direction of national development based on Pancasila.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"86 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":"124017795","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.4.2.2019.167-180
M. .. Ambarwati, G. Kamila
Nowadays, in marriage life, spouse often dealing with big problem as like infertility which make them unable to have offspring. However, due to infertility, the spouse has obtained some efforts to solve their problems. One way to solve the problem is by obtaining surrogacy with the help of surrogate mother. Nevertheless, in Indonesia, especially, surrogacy as well as surrogate mother is still considered to be taboo things and no legal system which regulate the surrogacy and/or surrogate mother. Yet other countries have allowed or legalize the surrogacy practice as well as surrogate mother. Hence, this study aimed to reveal a comparison of legal system on surrogate mother and surrogacy law in Indonesia and India. This study used comparative legal research methodology through the functional method since Indonesia has the same function over the purpose of law establishment on the surrogate mother in India. The result reveals that it needs a legal system on surrogacy and surrogate mother as the legal certainty for any individual especially spouse who could not have offspring along with some reasons such as minimalize prostitution and unregistered marriage, prevent dispute, and to develop scientific field.
{"title":"THE EVALUATION OF SURROGACY’S LEGAL SYSTEM IN INDONESIA AS COMPARISON TO INDIA’S LEGISLATION","authors":"M. .. Ambarwati, G. Kamila","doi":"10.14710/dilrev.4.2.2019.167-180","DOIUrl":"https://doi.org/10.14710/dilrev.4.2.2019.167-180","url":null,"abstract":"Nowadays, in marriage life, spouse often dealing with big problem as like infertility which make them unable to have offspring. However, due to infertility, the spouse has obtained some efforts to solve their problems. One way to solve the problem is by obtaining surrogacy with the help of surrogate mother. Nevertheless, in Indonesia, especially, surrogacy as well as surrogate mother is still considered to be taboo things and no legal system which regulate the surrogacy and/or surrogate mother. Yet other countries have allowed or legalize the surrogacy practice as well as surrogate mother. Hence, this study aimed to reveal a comparison of legal system on surrogate mother and surrogacy law in Indonesia and India. This study used comparative legal research methodology through the functional method since Indonesia has the same function over the purpose of law establishment on the surrogate mother in India. The result reveals that it needs a legal system on surrogacy and surrogate mother as the legal certainty for any individual especially spouse who could not have offspring along with some reasons such as minimalize prostitution and unregistered marriage, prevent dispute, and to develop scientific field.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"28 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":"129468103","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.4.2.2019.209-225
Bagas Heradhyaksa, N. Hikmah
Insurance is a risk transfer agreement from the insured to the guarantor. Insurance is a financial institution whose development is quite rapid, both in the world and in Indonesia. Insurance in Indonesia has three forms, namely conventional, sharia, and social. Social Security Organizing Board in Indonesia named BPJS (Badan Penyelenggara Jaminan Sosial). Although all of them are the forms of insurance but has several differences. The fundamental differences are juridical differences and philosophical differences. The purpose of this study is to determine the juridical differences and philosophies of conventional, sharia, and social insurance. This research uses the juridical normative method. This method is used to analyze differences in conventional, sharia and social insurance by studying legal data related to the field. The results of this study found that the legal basis used in conventional, sharia, social insurance has differences. The philosophy of conventional insurance, sharia, and social also has differences. Therefore, although they are both in the form of insurance, conventional, sharia, and social insurance have significant differences respectively.
{"title":"THE COMPARISON BETWEEN CONVENTIONAL, SHARIA, AND SOCIAL INSURANCE IN INDONESIA","authors":"Bagas Heradhyaksa, N. Hikmah","doi":"10.14710/dilrev.4.2.2019.209-225","DOIUrl":"https://doi.org/10.14710/dilrev.4.2.2019.209-225","url":null,"abstract":"Insurance is a risk transfer agreement from the insured to the guarantor. Insurance is a financial institution whose development is quite rapid, both in the world and in Indonesia. Insurance in Indonesia has three forms, namely conventional, sharia, and social. Social Security Organizing Board in Indonesia named BPJS (Badan Penyelenggara Jaminan Sosial). Although all of them are the forms of insurance but has several differences. The fundamental differences are juridical differences and philosophical differences. The purpose of this study is to determine the juridical differences and philosophies of conventional, sharia, and social insurance. This research uses the juridical normative method. This method is used to analyze differences in conventional, sharia and social insurance by studying legal data related to the field. The results of this study found that the legal basis used in conventional, sharia, social insurance has differences. The philosophy of conventional insurance, sharia, and social also has differences. Therefore, although they are both in the form of insurance, conventional, sharia, and social insurance have significant differences respectively.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"41 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":"123322530","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.4.2.2019.256-273
Marzellina Hardiyanti, Ani Purwanti
Housemaids are one of the most vulnerable groups to violence and unfair wage. The problem is that, in Indonesia, female comprised 90% of the housemaids, thus making them even more vulnerable. Several cases of physical, psychological, and sexual violence that happened against housemaids are due to discriminative environment. This problem is what urges for the access of justice for female housemaids in Indonesia, thus the focus of this article. The research of this article used the normative legal approach based on literature studies and descriptive analysis towards the problem. The urgency of legal protection for female housemaids in Indonesia is caused by the prevalence of domestic violence and unfair compensation. Therefore, a comprehensive and exhaustive legal framework is needed to provide a sufficient access of justice mechanism for female housemaids, such as a legislative act specified for them. Rehabilitation is also a vital mechanism, especially to housemaids who suffered from violence by providing them temporary shelters, counseling, and protection from retalitation.
{"title":"OPTIMALIZATION OF LEGAL PROTECTION FOR FEMALE HOUSEMAIDS IN INDONESIA","authors":"Marzellina Hardiyanti, Ani Purwanti","doi":"10.14710/dilrev.4.2.2019.256-273","DOIUrl":"https://doi.org/10.14710/dilrev.4.2.2019.256-273","url":null,"abstract":"Housemaids are one of the most vulnerable groups to violence and unfair wage. The problem is that, in Indonesia, female comprised 90% of the housemaids, thus making them even more vulnerable. Several cases of physical, psychological, and sexual violence that happened against housemaids are due to discriminative environment. This problem is what urges for the access of justice for female housemaids in Indonesia, thus the focus of this article. The research of this article used the normative legal approach based on literature studies and descriptive analysis towards the problem. The urgency of legal protection for female housemaids in Indonesia is caused by the prevalence of domestic violence and unfair compensation. Therefore, a comprehensive and exhaustive legal framework is needed to provide a sufficient access of justice mechanism for female housemaids, such as a legislative act specified for them. Rehabilitation is also a vital mechanism, especially to housemaids who suffered from violence by providing them temporary shelters, counseling, and protection from retalitation.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"25 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":"114494379","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.4.2.2019.194-208
H. Disemadi
The bank is a financial institution that has an intermediary function that bridges the interests of parties who are excess funds (creditors) and those who need funds (debtors). Banks in channeling funds, among others, through the provision of credit to the public. However, loans issued by banks contain a lot of risk, one of them is People's Business Credit (KUR). Issues regarding the risks of granting credit above will be discussed in this study, which this study uses a normative juridical method using the statutory approach. This study shows the arrangements regarding risk management are regulated in PBI Number 11/25/PBI/2009 concerning the Application of Risk Management in Commercial Banks and in Regulation of the Financial Services Authority Number 18 / POJK.03 / 2016 Regarding the Implementation of Risk Management for Commercial Banks. The implementation of the prudential principle internally for a bank's Human Resources (HR) is to apply the Banking Risk Management Principles. Banking practices usually assess five aspects of debtors (the five C’s analysis), namely: character, capital, capacity, economic conditions and collateral.
{"title":"RISK MANAGEMENT IN THE PROVISION OF PEOPLE’S BUSINESS CREDIT AS IMPLEMENTATION OF PRUDENTIAL PRINCIPLES","authors":"H. Disemadi","doi":"10.14710/dilrev.4.2.2019.194-208","DOIUrl":"https://doi.org/10.14710/dilrev.4.2.2019.194-208","url":null,"abstract":"The bank is a financial institution that has an intermediary function that bridges the interests of parties who are excess funds (creditors) and those who need funds (debtors). Banks in channeling funds, among others, through the provision of credit to the public. However, loans issued by banks contain a lot of risk, one of them is People's Business Credit (KUR). Issues regarding the risks of granting credit above will be discussed in this study, which this study uses a normative juridical method using the statutory approach. This study shows the arrangements regarding risk management are regulated in PBI Number 11/25/PBI/2009 concerning the Application of Risk Management in Commercial Banks and in Regulation of the Financial Services Authority Number 18 / POJK.03 / 2016 Regarding the Implementation of Risk Management for Commercial Banks. The implementation of the prudential principle internally for a bank's Human Resources (HR) is to apply the Banking Risk Management Principles. Banking practices usually assess five aspects of debtors (the five C’s analysis), namely: character, capital, capacity, economic conditions and collateral.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"10 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":"128697644","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 : 2019-04-30DOI: 10.14710/dilrev.4.1.2019.304-316
A. Pramono, Jean Claude Geofrey Mahoro
The radio frequency spectrum is a limited natural resource which is very vital and strategic in the operation of telecomunications. Considering that the radio frequency spectrum is a limited natural resources, its management is regulated internatioanlly by the International Telecomunication Union (ITU), in which details are set out in the radio regulations (RR) as an integal part of the ITU Convention. The study is based on applicable legal regulations and is supported by literature studies. The result of the study indicate that the regulation of the radio frequency spectrum is based on radio regulation, international agreements within the ITU throught the World Radiocommunication Conference forum. The implications of regulating the use off the radio frequency spectrum always take into account the general public needs for the dynamics of the progress in telecomunications technology, of which implementation of its utilization rest on the principle of fairness and equity between regions and efficiency. Therefore, all policies made are directed at creating a market balance, ensuring fair competition between telecomunication operators as a potential to prevent market dominance, as well as protecting consumers.
{"title":"REGULATION OF RADIO FREQUENCY SPECTRUM AND ITS IMPLEMENTATION CHALLENGES IN THE PERPECTIVE OF INTERNATIONAL LAW","authors":"A. Pramono, Jean Claude Geofrey Mahoro","doi":"10.14710/dilrev.4.1.2019.304-316","DOIUrl":"https://doi.org/10.14710/dilrev.4.1.2019.304-316","url":null,"abstract":"The radio frequency spectrum is a limited natural resource which is very vital and strategic in the operation of telecomunications. Considering that the radio frequency spectrum is a limited natural resources, its management is regulated internatioanlly by the International Telecomunication Union (ITU), in which details are set out in the radio regulations (RR) as an integal part of the ITU Convention. The study is based on applicable legal regulations and is supported by literature studies. The result of the study indicate that the regulation of the radio frequency spectrum is based on radio regulation, international agreements within the ITU throught the World Radiocommunication Conference forum. The implications of regulating the use off the radio frequency spectrum always take into account the general public needs for the dynamics of the progress in telecomunications technology, of which implementation of its utilization rest on the principle of fairness and equity between regions and efficiency. Therefore, all policies made are directed at creating a market balance, ensuring fair competition between telecomunication operators as a potential to prevent market dominance, as well as protecting consumers.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123934022","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 : 2019-04-30DOI: 10.14710/DILREV.4.1.2019.60-75
Listawati Listawati
To response to various acts of terror which occurred in various countries, the Financial Action Task Force (FATF) issued a policy in the form of a recommendations that contained a basic framework for the prevention and eradication of criminal acts of terrorist financing that could be universally applied. This implementation of the FATF standard is obligatory for all countries including Indonesia. One component of Indonesia's commitment to implementing the FATF standard is evidenced by the Establishment of Law Number 9 of 2013 concerning the Prevention and Eradication of Terrorist Financing (TPPT Law). In this paper, we will discuss the history of the formation of the TPPT Law detailed with 2 (two) main focuses, namely the process of criminalizing acts of terrorist financing in the TPPT Law and the factors that encouraged the Government of the Republic of Indonesia to draft special regulations related to anti-terrorist financing. The review of the complexity of the two focuses shows the strong commitment of the state to preventing and eradicating terrorist financing crimes
{"title":"THE HISTORY OF THE ESTABLISHMENT OF LAW NUMBER 9 OF 2013 REGARDING PREVENTION AND ERADICATION OF TERRORIST FINANCING","authors":"Listawati Listawati","doi":"10.14710/DILREV.4.1.2019.60-75","DOIUrl":"https://doi.org/10.14710/DILREV.4.1.2019.60-75","url":null,"abstract":"To response to various acts of terror which occurred in various countries, the Financial Action Task Force (FATF) issued a policy in the form of a recommendations that contained a basic framework for the prevention and eradication of criminal acts of terrorist financing that could be universally applied. This implementation of the FATF standard is obligatory for all countries including Indonesia. One component of Indonesia's commitment to implementing the FATF standard is evidenced by the Establishment of Law Number 9 of 2013 concerning the Prevention and Eradication of Terrorist Financing (TPPT Law). In this paper, we will discuss the history of the formation of the TPPT Law detailed with 2 (two) main focuses, namely the process of criminalizing acts of terrorist financing in the TPPT Law and the factors that encouraged the Government of the Republic of Indonesia to draft special regulations related to anti-terrorist financing. The review of the complexity of the two focuses shows the strong commitment of the state to preventing and eradicating terrorist financing crimes","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128063476","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 : 2019-04-30DOI: 10.14710/DILREV.4.1.2019.34-46
Ermanto Fahamsyah
The Plantation Core Estate and Smallholders (PIR/Perkebunan Inti Rakyat) is a partnership scheme of the estates whereby a large estate acts as the core of development to small local farms in a mutually beneficial, integral, and continous system. Simply put, PIR is one form of contract farming. The PIR scheme was first introduced in by Indonesia government in order to encourage the development in local farms. Moreover, the partnership system is based on patron-client relationship and regulated through a contract in which the large estate is the patron and local farms are the client. However, the PIR system involves state within the contract. The state’s involvement is important so as to safeguard the interests of local farms (client) which are prone to predatory exploitation by the patron (large estate) and thus, balancing the bargaining powers of each party in the contract. This paper problematizes the contractual mechanism of PIR in respect to the freedom of contract. Thus, it can be concluded that the state’s involvement in the PIR shows that the freedom of contract principles are rigged to a degree which restricts some of the patron’s powers such as controls on supply and price in order to protect the local farms from being exploited.
种植园核心庄园和小农(PIR/Perkebunan Inti Rakyat)是一个庄园的合作计划，在一个互利、完整和连续的系统中，大型庄园作为当地小型农场发展的核心。简单地说，PIR是一种合同农业。PIR计划最初是由印度尼西亚政府引入的，目的是鼓励当地农场的发展。此外，合伙制建立在主顾关系的基础上，并通过一种大型庄园为主顾、地方农场为主顾的合同加以规范。然而，PIR系统涉及到合同中的状态。国家的参与很重要，这样可以保护当地农场(客户)的利益，因为这些农场容易受到赞助人(大庄园)的掠夺性剥削，从而平衡合同中各方的议价能力。本文从契约自由的角度对PIR的契约机制提出了质疑。因此，可以得出结论，国家参与PIR表明，合同原则的自由在一定程度上受到操纵，限制了一些赞助人的权力，如控制供应和价格，以保护当地农场不受剥削。
{"title":"THE FREEDOM OF CONTRACT IN PLANTATION CORE ESTATE AND SMALLHOLDERS","authors":"Ermanto Fahamsyah","doi":"10.14710/DILREV.4.1.2019.34-46","DOIUrl":"https://doi.org/10.14710/DILREV.4.1.2019.34-46","url":null,"abstract":"The Plantation Core Estate and Smallholders (PIR/Perkebunan Inti Rakyat) is a partnership scheme of the estates whereby a large estate acts as the core of development to small local farms in a mutually beneficial, integral, and continous system. Simply put, PIR is one form of contract farming. The PIR scheme was first introduced in by Indonesia government in order to encourage the development in local farms. Moreover, the partnership system is based on patron-client relationship and regulated through a contract in which the large estate is the patron and local farms are the client. However, the PIR system involves state within the contract. The state’s involvement is important so as to safeguard the interests of local farms (client) which are prone to predatory exploitation by the patron (large estate) and thus, balancing the bargaining powers of each party in the contract. This paper problematizes the contractual mechanism of PIR in respect to the freedom of contract. Thus, it can be concluded that the state’s involvement in the PIR shows that the freedom of contract principles are rigged to a degree which restricts some of the patron’s powers such as controls on supply and price in order to protect the local farms from being exploited.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"119 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115962345","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}
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