Pub Date : 2019-04-30DOI: 10.14710/DILREV.4.1.2019.1-20
A. Haqqi
The fundamental premises of Islamic law are that Allah has revealed His will for human-kind in the Holy Quran and the inspired example of the Prophet Muhammad (Peace be Upon Him), and that society's law must conform to Allah's revealed will. The scope of Islamic law is broader than the common law or civil law. In addition to core legal doctrines covering the family, wrongs, procedure, and commercial transactions, Islamic law also includes detailed rules regulating religious ritual and social etiquette. In Islam, religiosity is not asceticism in monasteries nor is it chattering from the pulpits. Instead, it is behaving in a manner that is requested from the Creator under all circumstances, places and times, in belief, statement and actions. Historically, law and religion have never been completely separated. They have never been so independent as to achieve complete autonomy from each other. Religion has essentially been embodied in legal systems, even in those that have aspired to privatize religion. Based on this fact, this paper discusses such fact i.e religiosity on specific theme of Islamic law that is criminal law which means the body of law dealing with wrongs that are punishable in Islamic law with the object of deterrence.
{"title":"RELIGIOSITY IN CRIMINAL LAW: ISLAMIC PERSPECTIVE","authors":"A. Haqqi","doi":"10.14710/DILREV.4.1.2019.1-20","DOIUrl":"https://doi.org/10.14710/DILREV.4.1.2019.1-20","url":null,"abstract":"The fundamental premises of Islamic law are that Allah has revealed His will for human-kind in the Holy Quran and the inspired example of the Prophet Muhammad (Peace be Upon Him), and that society's law must conform to Allah's revealed will. The scope of Islamic law is broader than the common law or civil law. In addition to core legal doctrines covering the family, wrongs, procedure, and commercial transactions, Islamic law also includes detailed rules regulating religious ritual and social etiquette. In Islam, religiosity is not asceticism in monasteries nor is it chattering from the pulpits. Instead, it is behaving in a manner that is requested from the Creator under all circumstances, places and times, in belief, statement and actions. Historically, law and religion have never been completely separated. They have never been so independent as to achieve complete autonomy from each other. Religion has essentially been embodied in legal systems, even in those that have aspired to privatize religion. Based on this fact, this paper discusses such fact i.e religiosity on specific theme of Islamic law that is criminal law which means the body of law dealing with wrongs that are punishable in Islamic law with the object of deterrence.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"134 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":"123209899","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.4.1.2019.76-88
Ery Agus Priyono, Budiharto Budiharto, A. Wulandari
As a fruit of technological telecommunication prowess that is the internet, e-commerce has unveil the barrier that obstructs economic growth due to the unnecessarily complicated conventional procedures of bureaucracy. Technological deveopment in telecommunication has a great contribution to the economic growth for which we should be thankful. Yet at the same time, it needs to be regulated in order to construct a condusive and viable climates for economic growth. This article intends to disclose the availability of regulations that can ensure the safety and stability of the economy and keep the investors, consumers and entrepreneurs in accordance with the Title III of Indonesian Civil Code. The research method of this paper is normative approach that is based on secondary data. The outcome of the research is we found out that e-commerce practices shall be subjected under paragraphs 1320, 1321, 1337, 1338 and 1339 of Indonesian Civil Code.
{"title":"REGULATIONS FOR E-COMMERCE AGREEMENT ACCORDING TO ICT ACT AND TITLE III OF INDONESIAN CIVIL CODE","authors":"Ery Agus Priyono, Budiharto Budiharto, A. Wulandari","doi":"10.14710/DILREV.4.1.2019.76-88","DOIUrl":"https://doi.org/10.14710/DILREV.4.1.2019.76-88","url":null,"abstract":"As a fruit of technological telecommunication prowess that is the internet, e-commerce has unveil the barrier that obstructs economic growth due to the unnecessarily complicated conventional procedures of bureaucracy. Technological deveopment in telecommunication has a great contribution to the economic growth for which we should be thankful. Yet at the same time, it needs to be regulated in order to construct a condusive and viable climates for economic growth. This article intends to disclose the availability of regulations that can ensure the safety and stability of the economy and keep the investors, consumers and entrepreneurs in accordance with the Title III of Indonesian Civil Code. The research method of this paper is normative approach that is based on secondary data. The outcome of the research is we found out that e-commerce practices shall be subjected under paragraphs 1320, 1321, 1337, 1338 and 1339 of Indonesian Civil Code.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"135 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":"117323799","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.4.1.2019.405-418
M. Bima
This research aims at analyzing the state governance practice which frequently and extraordinarily takes place when governing the state administration, in which the common legal system is unable to accommodate the people's interests. Self-governance is highly necessary that the state function may effectively run independently as the state organ by ensuring respect and compliance of right guaranteed by the state 1945 constitution of the Republic of Indonesia (UUD NRI 1945) as the highest legal document in governing the state. The legal equipment should be able to anticipate various possibilities of emergency conditions to ensure the sustainability of state life
{"title":"IMPLEMENTATION OF STATE OF EMERGENCY WITHIN THE CONSTITUSIONAL LAW SYSTEM IN INDONESIA","authors":"M. Bima","doi":"10.14710/dilrev.4.1.2019.405-418","DOIUrl":"https://doi.org/10.14710/dilrev.4.1.2019.405-418","url":null,"abstract":"This research aims at analyzing the state governance practice which frequently and extraordinarily takes place when governing the state administration, in which the common legal system is unable to accommodate the people's interests. Self-governance is highly necessary that the state function may effectively run independently as the state organ by ensuring respect and compliance of right guaranteed by the state 1945 constitution of the Republic of Indonesia (UUD NRI 1945) as the highest legal document in governing the state. The legal equipment should be able to anticipate various possibilities of emergency conditions to ensure the sustainability of state life","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"47 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131451779","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.4.1.2019.21-33
Jean Claude Geofrey Mahoro, A. Pramono
The radio frequency spectrum is a limited natural resource, which is very important and strategic in the operation of telecommunications. Considering that it is a limited natural resource, its management is regulated internationally by the International Telecommunication Union (ITU), in which details are set out in the radio regulations (RR) as an integral part of the ITU Convention. The study is based on applicable legal regulations and is supported by literature studies. The results of the study indicate that the regulation of the radio frequency spectrum is based on radio regulations, international agreements within the ITU through the World Radio communication Conference forum. The implications of regulating the use of the radio frequency spectrum always take into account the general public needs for the dynamics of the progress in telecommunications technology, of which implementation of its utilisation rests in 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 telecommunication 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 PERSPECTIVE OF INTERNATIONAL LAW","authors":"Jean Claude Geofrey Mahoro, A. Pramono","doi":"10.14710/DILREV.4.1.2019.21-33","DOIUrl":"https://doi.org/10.14710/DILREV.4.1.2019.21-33","url":null,"abstract":"The radio frequency spectrum is a limited natural resource, which is very important and strategic in the operation of telecommunications. Considering that it is a limited natural resource, its management is regulated internationally by the International Telecommunication Union (ITU), in which details are set out in the radio regulations (RR) as an integral part of the ITU Convention. The study is based on applicable legal regulations and is supported by literature studies. The results of the study indicate that the regulation of the radio frequency spectrum is based on radio regulations, international agreements within the ITU through the World Radio communication Conference forum. The implications of regulating the use of the radio frequency spectrum always take into account the general public needs for the dynamics of the progress in telecommunications technology, of which implementation of its utilisation rests in 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 telecommunication operators as a potential to prevent market dominance, as well as protecting consumers.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"19 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":"128156070","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.4.1.2019.105-113
Raden Ani Eko Wahyuni, Darminto Hartono
Micro, Small and Medium Enterprises try to grow and develop their business in order to build a national economy based on equitable economic democracy. The position of MSMEs is very important in economic development It is very important to do protection. Protection of MSMEs is assistance and support made by the government towards MSMEs. Protection in legal action, assistance in the production process to marketing and support in terms of capital. There is a debate that is found is how to issue law by the government in empowering MSMEs to realize equitable economic prosperity.The research in this paper used a normative juridical research method. The approach used in this study is socio legal approach which the law is conceptualized as a set of regulation that is valid in the society and the validity will be affected by other factors.This study intends to measure the extent of the role of the government and what efforts are being made especially by regional governments, in this case the Central Java Provincial Office of Cooperatives and SMEs in implementing legal protection in empowering MSMEs to realize economic welfare.
{"title":"IMPLEMENTATION OF LEGAL PROTECTION BY THE GOVERNMENT IN ORDER TO EMPOWERMENT OF MICRO SMALL MEDIUM ENTERPRISE TO REALIZE THE JUSTICE ECONOMY (Research Study: The Office of Cooperative and Micro Small and Medium Enterprise Province of Central Java)","authors":"Raden Ani Eko Wahyuni, Darminto Hartono","doi":"10.14710/DILREV.4.1.2019.105-113","DOIUrl":"https://doi.org/10.14710/DILREV.4.1.2019.105-113","url":null,"abstract":"Micro, Small and Medium Enterprises try to grow and develop their business in order to build a national economy based on equitable economic democracy. The position of MSMEs is very important in economic development It is very important to do protection. Protection of MSMEs is assistance and support made by the government towards MSMEs. Protection in legal action, assistance in the production process to marketing and support in terms of capital. There is a debate that is found is how to issue law by the government in empowering MSMEs to realize equitable economic prosperity.The research in this paper used a normative juridical research method. The approach used in this study is socio legal approach which the law is conceptualized as a set of regulation that is valid in the society and the validity will be affected by other factors.This study intends to measure the extent of the role of the government and what efforts are being made especially by regional governments, in this case the Central Java Provincial Office of Cooperatives and SMEs in implementing legal protection in empowering MSMEs to realize economic welfare. ","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"40 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":"125830432","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.4.1.2019.122-135
M. Bima
This research aims at analyzing the state governance practice which frequently and extraordinarily takes place when governing the state administration, in which the common legal system is unable to accommodate the people's interests. Self-governance is highly necessary that the state function may effectively run independently as the state organ by ensuring respect and compliance of right guaranteed by the state 1945 constitution of the Republic of Indonesia (UUD NRI 1945) as the highest legal document in governing the state. The legal equipment should be able to anticipate various possibilities of emergency conditions to ensure the sustainability of state life
{"title":"IMPLEMENTATION OF STATE OF EMERGENCY WITHIN THE CONSTITUTIONAL LAW SYSTEM IN INDONESIA","authors":"M. Bima","doi":"10.14710/DILREV.4.1.2019.122-135","DOIUrl":"https://doi.org/10.14710/DILREV.4.1.2019.122-135","url":null,"abstract":"This research aims at analyzing the state governance practice which frequently and extraordinarily takes place when governing the state administration, in which the common legal system is unable to accommodate the people's interests. Self-governance is highly necessary that the state function may effectively run independently as the state organ by ensuring respect and compliance of right guaranteed by the state 1945 constitution of the Republic of Indonesia (UUD NRI 1945) as the highest legal document in governing the state. The legal equipment should be able to anticipate various possibilities of emergency conditions to ensure the sustainability of state life","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"25 2 Suppl 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":"130699369","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.4.1.2019.89-104
E. Rahmi, Elly Sudarti
The state obligations to fulfill and protect the rights of adolescent victim of incest rape post-abortion and other rights have not been exercised during the legal process of investigation until court verdict as it is indicated that the adolescent victim is unfairly detained without due process for illegally practicing abortion. This occasion indicates that the law is being unfair towards the adolescent victim without considering the precondition which inevitably forces the abortion. This article scrutinizes such case of Muara Bulian county in which the local court’s verdict No. 5/Pid.Sus.Anak/2018/PN.Mbn did not accommodate the substantive justice which take stand of the rights of adolescent victim of incest rape. The verdict indicates that such court verdict does not express gender sensitivity to the right of adolescent female victim of incest rape to which the state is obliged to fulfil and protect.
在法院判决之前的法律调查过程中，国家履行和保护乱伦强奸青少年受害者堕胎后的权利和其他权利的义务没有得到行使，因为有证据表明，青少年受害者因非法堕胎而未经正当程序被不公正地拘留。这一事件表明，法律对青少年受害者不公平，没有考虑到不可避免地迫使堕胎的先决条件。本文详细考察了Muara Bulian县当地法院第5号判决书/ pid . su . anak /2018/PN。Mbn没有顾及对乱伦强奸青少年受害者的权利采取立场的实质司法。该判决表明，这种法院判决没有对国家有义务履行和保护的乱伦强奸少女受害者的权利表达性别敏感性。
{"title":"STATE PROTECTION UPON ADOLESCENT VICTIM OF INCEST RAPE THROUGH GENDER LENS","authors":"E. Rahmi, Elly Sudarti","doi":"10.14710/DILREV.4.1.2019.89-104","DOIUrl":"https://doi.org/10.14710/DILREV.4.1.2019.89-104","url":null,"abstract":"The state obligations to fulfill and protect the rights of adolescent victim of incest rape post-abortion and other rights have not been exercised during the legal process of investigation until court verdict as it is indicated that the adolescent victim is unfairly detained without due process for illegally practicing abortion. This occasion indicates that the law is being unfair towards the adolescent victim without considering the precondition which inevitably forces the abortion. This article scrutinizes such case of Muara Bulian county in which the local court’s verdict No. 5/Pid.Sus.Anak/2018/PN.Mbn did not accommodate the substantive justice which take stand of the rights of adolescent victim of incest rape. The verdict indicates that such court verdict does not express gender sensitivity to the right of adolescent female victim of incest rape to which the state is obliged to fulfil and protect.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"134 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":"123221156","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.4.1.2019.114-121
Agus Nurudin
Provisions of Article 149 paragraph (1) of Law Number 40 of 2007 concerning Limited Company/Limited Liability Company do not mention the authority to verify bill of creditors and the authority to sell property assets. In practice, the liquidator often acts as the seller of the company’s assets. This was doneto fill the legal vacuumfor the smooth liability of the liquidator. Therefore, the problem is how are the provisions of the legislation to the obligations of the liquidator in the process of liquidation of the limited liability company? The study approach method used is a description of juridical ciritical analysis. The urgency of writing this article is so that the liquidator is authorized to verify creditor bills and authority and sell assest. The result of a descriptive study of critical analysis are normal obligations of the liquidator to do the liquidation of the company’sassest other than those stipulated in article 149 paragraph (1) namely the authority to verify the creditor’s bill as well as the authority to sell Limited Liability Company assets.
{"title":"THE LIQUIDATOR LIABILITY IN THE PROCESS OF CORPORATE LIQUIDATION","authors":"Agus Nurudin","doi":"10.14710/DILREV.4.1.2019.114-121","DOIUrl":"https://doi.org/10.14710/DILREV.4.1.2019.114-121","url":null,"abstract":"Provisions of Article 149 paragraph (1) of Law Number 40 of 2007 concerning Limited Company/Limited Liability Company do not mention the authority to verify bill of creditors and the authority to sell property assets. In practice, the liquidator often acts as the seller of the company’s assets. This was doneto fill the legal vacuumfor the smooth liability of the liquidator. Therefore, the problem is how are the provisions of the legislation to the obligations of the liquidator in the process of liquidation of the limited liability company? The study approach method used is a description of juridical ciritical analysis. The urgency of writing this article is so that the liquidator is authorized to verify creditor bills and authority and sell assest. The result of a descriptive study of critical analysis are normal obligations of the liquidator to do the liquidation of the company’sassest other than those stipulated in article 149 paragraph (1) namely the authority to verify the creditor’s bill as well as the authority to sell Limited Liability Company assets.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"188 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":"134190609","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.4.1.2019.47-59
C. Mauli
The focus of the discussion in this study is the First Copyright Law as an embodiment of penetration of the legal culture of Western (capitalist) countries with individualistic nuances as positive law. Secondly, the culture of the laws of the local community where the Copyright Law is applied as a living law in society (Living law). The purpose of this paper is to know and explain not the implementation of the law as a positive law (positive law) in this case what is meant is the Copyright Act, in an Indonesian society and the Batik Laweyan craftsmen in particular, so that it is expected to explain why Copyright Law cannot function optimally in Indonesia which is marked by the many violations or piracy of a copyrighted work. The method in this writing is a qualitative method with the Sociological Research approach, while the paradigm used as the basis is the Paradigm of Social Definition with the aim of understanding social behavior through interpretation by explaining the path of development and its consequences according to its causes. Based on the social definition paradigm, the theory used is interactionism theory, which mainly emphasizes sociopsychological perspectives, the main goal of which is the individual in his personal personality and the interaction between internal opinion and one's emotions with social behavior. With the Symbolic Interaction Theory approach, in this study will be able to further reveal the behavior of certain community groups by interacting with existing social behavior. And also with the Phenomenology Theory is that human action becomes a social relationship if humans give a certain meaning or meaning to their actions, and other human beings also understand their actions as appropriate which means that humans are social beings, so that the awareness of daily life is an absolute magnification. As for the study findings it turns out, the Copyright Act in the application in the Laweyan Batik Craftsman community is in conflict with the Javanese legal culture that promotes harmony between neighbors, ewuhpekeweuh, tepasliro, mutual cooperation. If the law of copyright is strictly enforced, it will result in disturbance of neighborly living conditions. Because most Batik Laweyan craftsmen live next to each other even there is still a kinship, so that when it comes to demanding or monopolizing a work, it will lead to neighboring reluctance. They assume that even the art of batik is their property from the property of their ancestors so that anyone can imitate and make it.
{"title":"UNDERSTANDING OF THE BATIK LAWEYAN SOLO CREATOR FOR COPYRIGHT (STUDY OF LAW NUMBER 28 OF 2014 CONCERNING COPYRIGHT)","authors":"C. Mauli","doi":"10.14710/DILREV.4.1.2019.47-59","DOIUrl":"https://doi.org/10.14710/DILREV.4.1.2019.47-59","url":null,"abstract":"The focus of the discussion in this study is the First Copyright Law as an embodiment of penetration of the legal culture of Western (capitalist) countries with individualistic nuances as positive law. Secondly, the culture of the laws of the local community where the Copyright Law is applied as a living law in society (Living law). The purpose of this paper is to know and explain not the implementation of the law as a positive law (positive law) in this case what is meant is the Copyright Act, in an Indonesian society and the Batik Laweyan craftsmen in particular, so that it is expected to explain why Copyright Law cannot function optimally in Indonesia which is marked by the many violations or piracy of a copyrighted work. The method in this writing is a qualitative method with the Sociological Research approach, while the paradigm used as the basis is the Paradigm of Social Definition with the aim of understanding social behavior through interpretation by explaining the path of development and its consequences according to its causes. Based on the social definition paradigm, the theory used is interactionism theory, which mainly emphasizes sociopsychological perspectives, the main goal of which is the individual in his personal personality and the interaction between internal opinion and one's emotions with social behavior. With the Symbolic Interaction Theory approach, in this study will be able to further reveal the behavior of certain community groups by interacting with existing social behavior. And also with the Phenomenology Theory is that human action becomes a social relationship if humans give a certain meaning or meaning to their actions, and other human beings also understand their actions as appropriate which means that humans are social beings, so that the awareness of daily life is an absolute magnification. As for the study findings it turns out, the Copyright Act in the application in the Laweyan Batik Craftsman community is in conflict with the Javanese legal culture that promotes harmony between neighbors, ewuhpekeweuh, tepasliro, mutual cooperation. If the law of copyright is strictly enforced, it will result in disturbance of neighborly living conditions. Because most Batik Laweyan craftsmen live next to each other even there is still a kinship, so that when it comes to demanding or monopolizing a work, it will lead to neighboring reluctance. They assume that even the art of batik is their property from the property of their ancestors so that anyone can imitate and make it.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"46 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":"130821225","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 : 2018-10-30DOI: 10.14710/DILREV.3.2.2018.243-256
S. Mahmudah, S. Badriyah, Bagus Rahmanda
The existence of the guarantor in the world of business is widely known and required in the business world. Guarantor is stipulated in the agreement of guarantor which states that the Guarantor will pay the debt of debtor to its creditor if the debtor do not pay. The debt fulfillment of debtor to creditor can be done through the Bankruptcy Act which ended with reconciliation. The purpose of this research is to examine the position of the Guarantor in reconciliation on the Bankruptcy Act according to the Law of Bankruptcy in Indonesia, with the problem of how the position of the guarantor against debt fulfillment of debtor which ended with reconciliation in bankruptcy in Indonesia, and as a result of the approval of reconciliation in the bankruptcy of the submission of the claim the statement of bankrupt guarantor. The approach used in this research is the normative juridical, with a descriptive specifications analysis with the type of secondary data through the study of primary, secondary and tertiary legal material library which is then analyzed by qualitative research. The reconciliation that passed in bankruptcy does not always result to receivables of the creditors being paid for. Based on the provisions of Article 165 paragraph (1) Of Law No. 37 Of 2004 on Bankruptcy and Suspension of Obligation for Payment of Debts,Guarantor will still be obligated to pay off the debtor's debts that are borne which can cause the guarantor privileged as the debtor so it can be filed for bankruptcy if fulfilled the provisions of Article 2 paragraph (1) Of Law No. 37 Of 2004 on Bankruptcy and Suspension of Obligation for Payment of Debts.
{"title":"THE POSITION OF THE GUARANTOR IN RECONCILIATION ON THE BANKRUPTCY ACT ACCORDING TO THE LAW OF BANKRUPTCY IN INDONESIA","authors":"S. Mahmudah, S. Badriyah, Bagus Rahmanda","doi":"10.14710/DILREV.3.2.2018.243-256","DOIUrl":"https://doi.org/10.14710/DILREV.3.2.2018.243-256","url":null,"abstract":"The existence of the guarantor in the world of business is widely known and required in the business world. Guarantor is stipulated in the agreement of guarantor which states that the Guarantor will pay the debt of debtor to its creditor if the debtor do not pay. The debt fulfillment of debtor to creditor can be done through the Bankruptcy Act which ended with reconciliation. The purpose of this research is to examine the position of the Guarantor in reconciliation on the Bankruptcy Act according to the Law of Bankruptcy in Indonesia, with the problem of how the position of the guarantor against debt fulfillment of debtor which ended with reconciliation in bankruptcy in Indonesia, and as a result of the approval of reconciliation in the bankruptcy of the submission of the claim the statement of bankrupt guarantor. The approach used in this research is the normative juridical, with a descriptive specifications analysis with the type of secondary data through the study of primary, secondary and tertiary legal material library which is then analyzed by qualitative research. The reconciliation that passed in bankruptcy does not always result to receivables of the creditors being paid for. Based on the provisions of Article 165 paragraph (1) Of Law No. 37 Of 2004 on Bankruptcy and Suspension of Obligation for Payment of Debts,Guarantor will still be obligated to pay off the debtor's debts that are borne which can cause the guarantor privileged as the debtor so it can be filed for bankruptcy if fulfilled the provisions of Article 2 paragraph (1) Of Law No. 37 Of 2004 on Bankruptcy and Suspension of Obligation for Payment of Debts.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121255585","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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