Pub Date : 2018-10-30DOI: 10.14710/DILREV.3.2.2018.264-276
I. Cahyaningtyas
The protection of children becomes the responsibility of all parties, namely family, community and government. Indonesia through the Act No. 11 Year 2012 on Juvenile Justice System provides protection namely diversion which should be emphasized as a penal mediation which can be used to solve a juvenile cases. There are two main problems; firstly, how is the penal mediation process in the juvenile justice system; secondly, how is the implementation of the penal mediation which is based on Pancasila? The research method used in this paper was normative juridical research method. The approach used in this study is socio legal approach and the data analysis method used a qualitative analysis. The results that in penal mediation in the juvenile cases namely diversion aims to achieve restorative justice. The diversion process is very important and must involve the parties in order the mediation be effective. This process is what distinguishes from the treatments of juvenile’s cases before Act No. 11 Year 2012. In the previous times, penal mediation was not acknowledged so law enforcement procedure is always ends at Juvenile court. Penal mediation in juvenile justice system must be based on Pancasila as the philosophical foundation of Indonesia, which means diversion process must be in accordance with the values of Pancasila, which are are religious moral values; humanistic values; nationalistic values, democratic, and social justice.
{"title":"PENAL MEDIATION OF TREATMENTS FOR CHILDREN IN THE JUVENILE JUSTICE SYSTEM","authors":"I. Cahyaningtyas","doi":"10.14710/DILREV.3.2.2018.264-276","DOIUrl":"https://doi.org/10.14710/DILREV.3.2.2018.264-276","url":null,"abstract":"The protection of children becomes the responsibility of all parties, namely family, community and government. Indonesia through the Act No. 11 Year 2012 on Juvenile Justice System provides protection namely diversion which should be emphasized as a penal mediation which can be used to solve a juvenile cases. There are two main problems; firstly, how is the penal mediation process in the juvenile justice system; secondly, how is the implementation of the penal mediation which is based on Pancasila? The research method used in this paper was normative juridical research method. The approach used in this study is socio legal approach and the data analysis method used a qualitative analysis. The results that in penal mediation in the juvenile cases namely diversion aims to achieve restorative justice. The diversion process is very important and must involve the parties in order the mediation be effective. This process is what distinguishes from the treatments of juvenile’s cases before Act No. 11 Year 2012. In the previous times, penal mediation was not acknowledged so law enforcement procedure is always ends at Juvenile court. Penal mediation in juvenile justice system must be based on Pancasila as the philosophical foundation of Indonesia, which means diversion process must be in accordance with the values of Pancasila, which are are religious moral values; humanistic values; nationalistic values, democratic, and social justice.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"327 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":"123508088","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.3.2.2018.165-181
Sonhaji Sonhaji
Bankruptcy shall mean general confiscation of all assets of a debtor who could no longer afford to pay the debts that are due and could be billed. In Indonesia, bankruptcy is already known before 1945. Bankruptcy is Commercial Court ruling which put all assets of a debtor in a public attachment status thereafter the appointed curator could manage and liquidate the assets of the bankrupt debtor (bankruptcy properties) which would be sold and distributed to all creditors based on their respective levels of entitlement including the wages owed and other rights (Severance pay, gratuity and other compensation benefits). Problems would rise if the company hiring the laborers is declared bankrupt by the Commercial Court. In such circumstances, wage repayments or remunerations to the laborers became an interesting topic to be studied. The company and the government are responsible upon the fulfillment of the laborers' wage rights. In case that responsibility is not fulfilled, then there had been a violation of the rights of the laborers' welfare and violations and blasphemy of human rights. In reality, the laborers' wages sometimes are not paid by the company where they worked because it had bankrupt and is unable to pay, because the company did not want to pay even though there is a decision from the Industrial Relations Court which required the employer (company) to pay the wages or the severance pays.
{"title":"THE POSITION OF THE WORKERS' OR LABORERS' SEVERANCE PAY AND OTHER RIGHTS IN THE BANKRUPTCY OF A COMPANY","authors":"Sonhaji Sonhaji","doi":"10.14710/DILREV.3.2.2018.165-181","DOIUrl":"https://doi.org/10.14710/DILREV.3.2.2018.165-181","url":null,"abstract":"Bankruptcy shall mean general confiscation of all assets of a debtor who could no longer afford to pay the debts that are due and could be billed. In Indonesia, bankruptcy is already known before 1945. Bankruptcy is Commercial Court ruling which put all assets of a debtor in a public attachment status thereafter the appointed curator could manage and liquidate the assets of the bankrupt debtor (bankruptcy properties) which would be sold and distributed to all creditors based on their respective levels of entitlement including the wages owed and other rights (Severance pay, gratuity and other compensation benefits). Problems would rise if the company hiring the laborers is declared bankrupt by the Commercial Court. In such circumstances, wage repayments or remunerations to the laborers became an interesting topic to be studied. The company and the government are responsible upon the fulfillment of the laborers' wage rights. In case that responsibility is not fulfilled, then there had been a violation of the rights of the laborers' welfare and violations and blasphemy of human rights. In reality, the laborers' wages sometimes are not paid by the company where they worked because it had bankrupt and is unable to pay, because the company did not want to pay even though there is a decision from the Industrial Relations Court which required the employer (company) to pay the wages or the severance pays.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"46 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":"127202563","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.3.2.2018.223-242
Haidar Fikri
Indonesia as state law has several problems which related to the various sector. Land is a sector where the conflict often occurs, so this problem had a very close relationship with the law. The land problems in Harjokuncaran village is not apart with farmer community life who fight for their land right.One form of resistance in Harjokuncaran village was the agrarian conflict that causing physical violence between TNI-AD (Army) and Harjokuncaran villagers. This study using social movement theory and conflict resolution, this theory was chosen to review about how to form farmers movement stage until its conflict resolution. The method used is a qualitative descriptive method as the data analysis form obtained in the field. The process to collect the data using: observation, literature study, interview, and documentation. The result showed that how the most important potential to bring up the movement as the result of complaint and disappointment faced by Harjokuncaran villagers. After the social movement occurred through this resistance, their existence had been recognized by Magelang Regency Government, therefore the government had tried as much as possible to give the best solution in order to create a peaceful life. In another word, there is a conflict resolution for this problem.
{"title":"CONFLICT RESOLUTION: THE DYNAMICS OF AGRARIAN CONFLICT SOLUTION BETWEEN HARJOKUNCARAN VILLAGERS AND TNI-AD (ARMY) IN MALANG","authors":"Haidar Fikri","doi":"10.14710/DILREV.3.2.2018.223-242","DOIUrl":"https://doi.org/10.14710/DILREV.3.2.2018.223-242","url":null,"abstract":"Indonesia as state law has several problems which related to the various sector. Land is a sector where the conflict often occurs, so this problem had a very close relationship with the law. The land problems in Harjokuncaran village is not apart with farmer community life who fight for their land right.One form of resistance in Harjokuncaran village was the agrarian conflict that causing physical violence between TNI-AD (Army) and Harjokuncaran villagers. This study using social movement theory and conflict resolution, this theory was chosen to review about how to form farmers movement stage until its conflict resolution. The method used is a qualitative descriptive method as the data analysis form obtained in the field. The process to collect the data using: observation, literature study, interview, and documentation. The result showed that how the most important potential to bring up the movement as the result of complaint and disappointment faced by Harjokuncaran villagers. After the social movement occurred through this resistance, their existence had been recognized by Magelang Regency Government, therefore the government had tried as much as possible to give the best solution in order to create a peaceful life. In another word, there is a conflict resolution for this problem.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"12 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":"124358681","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.3.2.2018.142-153
Ruzian Markom
Comprehensive law and Shariah governance framework are important in ensuring the sustainability of Islamic financial goal. Both elements contributed in the process of social justice in diversity between the industry and the society. This article is aimed to discuss on the role of law and Shariah governance in Islamic finance towards social justice in diversity. It defined the meaning of laws, Shariah governance and social justice in diversity in the context of Islamic finance. Then, it analysed the challenges of Islamic finance in promoting social justice in diversity. Finally, in resolving the challenges, it is recommended to adopt the six key areas laid down in the World Global Report 2016.
{"title":"THE ROLE OF LAW AND SHARIAH GOVERNANCE IN ISLAMIC FINANCE TOWARDS SOCIAL JUSTICE IN DIVERSITY","authors":"Ruzian Markom","doi":"10.14710/DILREV.3.2.2018.142-153","DOIUrl":"https://doi.org/10.14710/DILREV.3.2.2018.142-153","url":null,"abstract":"Comprehensive law and Shariah governance framework are important in ensuring the sustainability of Islamic financial goal. Both elements contributed in the process of social justice in diversity between the industry and the society. This article is aimed to discuss on the role of law and Shariah governance in Islamic finance towards social justice in diversity. It defined the meaning of laws, Shariah governance and social justice in diversity in the context of Islamic finance. Then, it analysed the challenges of Islamic finance in promoting social justice in diversity. Finally, in resolving the challenges, it is recommended to adopt the six key areas laid down in the World Global Report 2016.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"28 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":"121927518","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.3.2.2018.154-164
Andika Prawira Buana, H. Djanggih
Customary court is a process conducted in connection with the duty to examine, to adjudicate and to decide a case in the community, which has long ago become a means to seek for justice. Customary court aims at returning broken order resulted from existing dispute. This research mainly focuses on how the essence of customary court in South Sulawesi is and how customary court serves to settle dispute in South Sulawesi. Employing socio-legal method, the research results explain that the Customary court in South Sulawesi has no longer been relied on in settlement of disputes existing in the community as the result of modern court domination.
{"title":"CUSTOMARY COURT AS ALTERNATIVE TO SETTLEMENT OF DISPUTE IN SOUTH SULAWESI","authors":"Andika Prawira Buana, H. Djanggih","doi":"10.14710/dilrev.3.2.2018.154-164","DOIUrl":"https://doi.org/10.14710/dilrev.3.2.2018.154-164","url":null,"abstract":"Customary court is a process conducted in connection with the duty to examine, to adjudicate and to decide a case in the community, which has long ago become a means to seek for justice. Customary court aims at returning broken order resulted from existing dispute. This research mainly focuses on how the essence of customary court in South Sulawesi is and how customary court serves to settle dispute in South Sulawesi. Employing socio-legal method, the research results explain that the Customary court in South Sulawesi has no longer been relied on in settlement of disputes existing in the community as the result of modern court domination.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"43 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":"116444556","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.3.2.2018.199-222
Darminto Hartono, Soekotjo Hardiwinoto
Since 2015, the ASEAN Economic Community (AEC) applied in its member countries, Including Indonesia. The preparation effort is regulatory legislation related to the AEC as a guide to achieve country's goals. The research aims to focus on how to inventory of the AEC regulations and how to find out in passing the AEC. The method uses the normative juridical approach and qualitative descriptive data analysis method. These research results that have a global market share, exporting country, investment destination country, a liberalization of ASEAN goods trade, large demographic bonuses, open services sector, aand smoother capital flows constantly. While the challenge is the elevation of the rate of export-import and the inflation rate, the negative impact of broader capital flows, the similarity of export products Which is still diverse must be solved. The Indonesian Government has an authority to regulate the role and function through it policies optimally, because of the opportunities and the existence of Indonesia. It is a matter of course that each member country to face AEC still not enough of expectations.
{"title":"LEGAL PERSPECTIVE ON ASEAN ECONOMIC COMMUNITY","authors":"Darminto Hartono, Soekotjo Hardiwinoto","doi":"10.14710/DILREV.3.2.2018.199-222","DOIUrl":"https://doi.org/10.14710/DILREV.3.2.2018.199-222","url":null,"abstract":"Since 2015, the ASEAN Economic Community (AEC) applied in its member countries, Including Indonesia. The preparation effort is regulatory legislation related to the AEC as a guide to achieve country's goals. The research aims to focus on how to inventory of the AEC regulations and how to find out in passing the AEC. The method uses the normative juridical approach and qualitative descriptive data analysis method. These research results that have a global market share, exporting country, investment destination country, a liberalization of ASEAN goods trade, large demographic bonuses, open services sector, aand smoother capital flows constantly. While the challenge is the elevation of the rate of export-import and the inflation rate, the negative impact of broader capital flows, the similarity of export products Which is still diverse must be solved. The Indonesian Government has an authority to regulate the role and function through it policies optimally, because of the opportunities and the existence of Indonesia. It is a matter of course that each member country to face AEC still not enough of expectations.","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":"129538463","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.3.2.2018.277-283
Fransiska Novita Eleanora
Humans are created interdependent and complement each other, as well as mutual respect and respect that is what is called a social creature, and live in pairs between men and women to continue offspring, which is a natural human nature that has been hereditary. But in reality, in social life, a woman often gets inhumane treatment, be it in public life or domestic life, is treated rudely, and impressed as not considered, women are very vulnerable to violence, whether physical violence, psychic violence, violence sexual even neglect of household. Or even men do not respect women in the realm of the outside or inside the dwelling. Result in a significant difference to gender equality itself. The most important and protected women's rights are freedom, being treated equally in the eyes of law, teaching and education is absolute, as well as health, legal certainty and justice and legal certainty. Social ethics arises in everyone, according to their nature and character. Human nature can be seen from their actions in treating and respecting others, especially treating the opposite sex, not in accordance with ethics and social sense, then the person is considered disrespectful to others. The literature study is the method used in this study is to have a purpose to know gender and its equality be the cause of violence against women, and its relation to social ethics. The result is a patriarchal culture that assumes that men as rulers, while women are in a weak position or are perceived as "male" owners, and social ethics greatly affect respect for women, where social ethics strongly determines one's behavior and how to respect and respect for women's rights.
{"title":"VIOLENCE AGAINST WOMEN, EQUALITY OF GENDER AND SOCIAL ETHICS","authors":"Fransiska Novita Eleanora","doi":"10.14710/DILREV.3.2.2018.277-283","DOIUrl":"https://doi.org/10.14710/DILREV.3.2.2018.277-283","url":null,"abstract":"Humans are created interdependent and complement each other, as well as mutual respect and respect that is what is called a social creature, and live in pairs between men and women to continue offspring, which is a natural human nature that has been hereditary. But in reality, in social life, a woman often gets inhumane treatment, be it in public life or domestic life, is treated rudely, and impressed as not considered, women are very vulnerable to violence, whether physical violence, psychic violence, violence sexual even neglect of household. Or even men do not respect women in the realm of the outside or inside the dwelling. Result in a significant difference to gender equality itself. The most important and protected women's rights are freedom, being treated equally in the eyes of law, teaching and education is absolute, as well as health, legal certainty and justice and legal certainty. Social ethics arises in everyone, according to their nature and character. Human nature can be seen from their actions in treating and respecting others, especially treating the opposite sex, not in accordance with ethics and social sense, then the person is considered disrespectful to others. The literature study is the method used in this study is to have a purpose to know gender and its equality be the cause of violence against women, and its relation to social ethics. The result is a patriarchal culture that assumes that men as rulers, while women are in a weak position or are perceived as \"male\" owners, and social ethics greatly affect respect for women, where social ethics strongly determines one's behavior and how to respect and respect for women's rights.","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":"117097385","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.3.2.2018.257-263
Nandi Wardhana
Indonesian competition law today requires a renewal of one of them concerning the doctrine of essential facilities duties. The doctrine essential facilities duties is a doctrine imposed on a dominant business actor who has access to essential facilities to provide access for competing business actors to use the facility. Regulation of essential facilities duties are needed to reduce dominance of a dominant firm in a particular market. This study uses a statutory approach, conceptual approach, and a comparative approach between the arrangements in the United States, Europe and Indonesia. The approach is expected to illustrate, harmonize problems arising, and provide better legal protection in the world of business competition. The doctrine essential facilities duties were first applied in the United States and then followed by European countries. The doctrine of essential facilities duties in the United States is based on the sherman act and uses theapproach rule of reason. The doctrine of essential facilities duties in European countries based on EC focuses on refusal to deal. The doctrine of essential facilities duties is explicitly implied in Law No. 5 of 1999. From this study it is concluded that the regulation on essential facilities duties in Law No. 5 of 1999 still can not provide a good legal protection for business competition in Indonesia.
{"title":"YURIDICAL ANALYSIS OF THEORY OF THEORY OF ETHICAL FACILITIES DUTIES LAW COMPETITION COMPETITION IN INDONESIA","authors":"Nandi Wardhana","doi":"10.14710/dilrev.3.2.2018.257-263","DOIUrl":"https://doi.org/10.14710/dilrev.3.2.2018.257-263","url":null,"abstract":"Indonesian competition law today requires a renewal of one of them concerning the doctrine of essential facilities duties. The doctrine essential facilities duties is a doctrine imposed on a dominant business actor who has access to essential facilities to provide access for competing business actors to use the facility. Regulation of essential facilities duties are needed to reduce dominance of a dominant firm in a particular market. This study uses a statutory approach, conceptual approach, and a comparative approach between the arrangements in the United States, Europe and Indonesia. The approach is expected to illustrate, harmonize problems arising, and provide better legal protection in the world of business competition. The doctrine essential facilities duties were first applied in the United States and then followed by European countries. The doctrine of essential facilities duties in the United States is based on the sherman act and uses theapproach rule of reason. The doctrine of essential facilities duties in European countries based on EC focuses on refusal to deal. The doctrine of essential facilities duties is explicitly implied in Law No. 5 of 1999. From this study it is concluded that the regulation on essential facilities duties in Law No. 5 of 1999 still can not provide a good legal protection for business competition in Indonesia.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"168 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":"131439708","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 : 2018-08-31DOI: 10.14710/dilrev.3.1.2018.65-75
John Paulus Pile Tukan, Lita Tyesta ALW
DPD (Regional Representatives Council) which is the representative of the region can be a counterweight in strengthening the parliamentary system in Indonesia. Since the amendment begun, the Indonesian parliamentary system has changed from a unicameral system to a bicameral system. However, if noticed, the functions, powers and duties set forth in Article 22 D of the 1945 Constitution and Law No.22 of 2003 on the composition and position of MPR (People’s Consultative Assembly), DPR (House of Representatives), DPD (Regional Representatives Council) and DPRD (Regional People’s Representatives Council), there are many assumptions that whether the function of Regional Representative Council can represent regional’s interests. DPD does not only serve as a counselor of regional autonomy board, and does not serve the legislature, as a country that embraces bicameral system. Bicameral is a term of representation system consisting of two chambers, which in Indonesia are known as DPR RI (House of Representatives of the Republic of Indonesia) and DPD RI (Regional Representatives Council of the Republic of Indonesia) which aims to achieve good government and the achievement of checks and balances between institutions, particularly in the legislature, which is one of the most important elements in the constitutional of the State.
{"title":"DPD (REGIONAL REPRESENTATIVE COUNCIL), AS A STATE AGENCY OF INDONESIAN STATE SYSTEM, RUNS THE AUTHORITY OF ITS ROLE AND FUNCTION TO CREATETHE EXISTENCE OF BICAMERAL SYSTEM IN INDONESIA","authors":"John Paulus Pile Tukan, Lita Tyesta ALW","doi":"10.14710/dilrev.3.1.2018.65-75","DOIUrl":"https://doi.org/10.14710/dilrev.3.1.2018.65-75","url":null,"abstract":"DPD (Regional Representatives Council) which is the representative of the region can be a counterweight in strengthening the parliamentary system in Indonesia. Since the amendment begun, the Indonesian parliamentary system has changed from a unicameral system to a bicameral system. However, if noticed, the functions, powers and duties set forth in Article 22 D of the 1945 Constitution and Law No.22 of 2003 on the composition and position of MPR (People’s Consultative Assembly), DPR (House of Representatives), DPD (Regional Representatives Council) and DPRD (Regional People’s Representatives Council), there are many assumptions that whether the function of Regional Representative Council can represent regional’s interests. DPD does not only serve as a counselor of regional autonomy board, and does not serve the legislature, as a country that embraces bicameral system. Bicameral is a term of representation system consisting of two chambers, which in Indonesia are known as DPR RI (House of Representatives of the Republic of Indonesia) and DPD RI (Regional Representatives Council of the Republic of Indonesia) which aims to achieve good government and the achievement of checks and balances between institutions, particularly in the legislature, which is one of the most important elements in the constitutional of the State.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127799894","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 : 2018-04-30DOI: 10.14710/DILREV.3.1.2018.1-14
Bagas Heradhyaksa, Ruzian Markom
The regulation in Indonesia states that the supervision of mudharabah financing is the right of Islamic bank. The Regulation of Indonesian Bank number 7/46/PBI/2005 section 6 subsection C and in The Circular Letter of Indonesian Bank number 10/14/Dpbs states that the supervision is done by reviewing and requesting evidence from customer's business result report without being given more detailed about the procedure of conducting mudharabah financing supervision. The purpose of this research is to analyze regulation that regarding the mudharabah financing supervision inIslamic banking. The methodology used in this research is empirical juridical method. We applied the method by comparing between the existing regulations with the reality that occurred in the field. This study found that a more detailed regulation regarding supervision of mudharabah financing was needed. This is so that the process of monitoring mudharabah financing has a strong legal basis and standard among Islamic bank. Moreover, the customer can also understand the steps that should be taken in the implementation of mudharabah financing supervision.
{"title":"MUDHARABAH FINANCING SUPERVISION OF ISLAMIC BANKING IN INDONESIA","authors":"Bagas Heradhyaksa, Ruzian Markom","doi":"10.14710/DILREV.3.1.2018.1-14","DOIUrl":"https://doi.org/10.14710/DILREV.3.1.2018.1-14","url":null,"abstract":"The regulation in Indonesia states that the supervision of mudharabah financing is the right of Islamic bank. The Regulation of Indonesian Bank number 7/46/PBI/2005 section 6 subsection C and in The Circular Letter of Indonesian Bank number 10/14/Dpbs states that the supervision is done by reviewing and requesting evidence from customer's business result report without being given more detailed about the procedure of conducting mudharabah financing supervision. The purpose of this research is to analyze regulation that regarding the mudharabah financing supervision inIslamic banking. The methodology used in this research is empirical juridical method. We applied the method by comparing between the existing regulations with the reality that occurred in the field. This study found that a more detailed regulation regarding supervision of mudharabah financing was needed. This is so that the process of monitoring mudharabah financing has a strong legal basis and standard among Islamic bank. Moreover, the customer can also understand the steps that should be taken in the implementation of mudharabah financing supervision.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"76 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124082113","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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