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Ahmad Syofyan
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Ruang Jurnal, Gedung B, Fakultas Hukum, Universitas Lampung. Jl. Sumantri Brojonegoro No.1 Bandar Lampung. 35145. Indonesia
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FIAT JUSTISIA: Jurnal Ilmu Hukum
Published by Universitas Lampung
ISSN : 19785186     EISSN : 24776238     DOI : http://doi.org/10.25041/fiatjustisia
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Fiat Justisia: Jurnal Ilmu Hukum is an open access and peer-reviewed journal that aims to offer an international academic platform for cross-border legal research encompassing specifically concerning human rights, policy, values of Islam. These may include but are not limited to various fields such as: ● humanity ● heritage law ● family law ● civil and political rights ● economic, social, and cultural rights ● solidarity rights ● philosophy of law ● private law ● international law ● civil law ● criminal law ● administrative law ● constitutional law ● adat law ● Intellectual Property Rights ● commercial court ● district court ● high court ● supreme court ● constitutional court ● industrial relations court ● administrative court ● fishery court ● military court ● taxation court ● court of human rights ● court of religion
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol 11 No 1 (2017)" : 6 Documents clear
TPP (Trans-Pacific Partnership) and Digital Copyright Infringement (Conflict Interest between Japan, USA, and Indonesia) Bayu Sujadmiko
Fiat Justisia: Jurnal Ilmu Hukum Vol 11 No 1 (2017)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v11no1.622

Abstract

Japan and the United States are sample countries, which have effectively control to reduce the number of illegal file sharing. They attempt to create a healthy Internet environment by promoting the Trans-Pacific Partnership (TPP). However, not all the members and its domestic parliaments agree with the whole provisions, specifically on Intellectual Property Chapter. Though, they keep strain to invite other nations to join the treaty. Indonesia agreed with the virtuous purposes of TPP, but it is too fast for Indonesia to ratify into domestic regulation. Indonesia is not ready yet to face the global market with low-potency. The article will show what the interest of both countries behind the TPP agreement is. It also describes how domestic copyright regulation touches illegal file sharing practices. Keywords: TPP, illegal file sharing, enforcement
An Examination of Customary and Statutory Legal Meaning of a Child in Nigeria: a Stream of Two Water that does not Mix Akpa Michael Ajanwachuku
Fiat Justisia: Jurnal Ilmu Hukum Vol 11 No 1 (2017)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v11no1.685

Abstract

The Nigerian legal system is pluralistically consisting of statutory law, which is derived from received English law and native customary law. The latter is made subservient to the former through the validity tests. This paper examined the position of the two regimes on the meaning and definition of the child and the legal consequences that arise from it. The paper found that while the two legal regimes conceptualize the ‘child’ differently, there is an acute internal divergence of who a child is, within each of these regimes. The paper recommended both the internal and inter-systemic harmonization of the meaning and definition of the child within the Nigerian legal system. Keywords: Nigerian Child, Customary Law, Statutory Law, Validity Tests, Child’s Rights Act
Restorative Model: the Alternative Justice Response to the Victims of Sexual Violence Mohamad Ismail Bin Mohamad Yunus
Fiat Justisia: Jurnal Ilmu Hukum Vol 11 No 1 (2017)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v11no1.741

Abstract

It is seen there is no proper repositioning of the victims of sexual crimes since the process of contrarian justice is only concerning the sexual offender. Alternative justice models for victims of sexual crimes by involving them in the judiciary process result is necessary to do. However, there is a command from the court for an offender in indemnification though recompensing judgment by Criminal Procedure Code is legitimated. Examining compensation for the victim and urging a legitimated system as alternative justice models for sexual criminal crimes are the aims of this study. The legitimated system as alternative justice which will be recommended in this article is mechanism suitable for justice administration in Malaysia. Through recompensing as well as indemnification, it is considered as a model that can make an impact in restorative justice as the response of alternative justice. Victim Compensation Scheme (VCS) is aimed to be formed and applied with the control of the Criminal Procedure Code too. Keywords: Response of Alternative Justice, Sexual Force Victims
Identification and Law Review of Closed Agreements in Indonesia: Analysis of Case Closed Agreements PT. Pelindo II Persero in Teluk Bayur Port, Padang, West Sumatra Province Dani Amran Hakim
Fiat Justisia: Jurnal Ilmu Hukum Vol 11 No 1 (2017)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v11no1.617

Abstract

This paper aims to identify and analyze on a law review of closed agreements by the Law Number 5 of 1999 on Prohibition of Monopolistic Practices and Unfair Competition as well as how the legal analysis of the alleged cases of agreements covered by PT Pelindo II (Persero) which occurred in Teluk Bayur in Padang, West Sumatra. In a legal review of the closed agreement as mentioned in Article 15 and 19 of Law Unfair Competition, it can be concluded that the closed agreements carried out in a business relationship tend to be favorable to the parties entered into a secretive and harmful for others who are not inside the circle of the agreement. Case Lease Agreement of Land between PT Pelindo II (Persero) with a third party is tying product whereas clauses designation stevedoring companies owned by PT Pelindo II (Persero) for the tenants are tied product, and the agreement is contrary to the principle of fair business competition especially Article 15 paragraph (2) of Law Number 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition. Keyword: Identification, Closed Agreements, PT Pelindo II
Reconstruction of Indigenous Forests Planning Policy in Way Kanan Regency Following the Ruling of the Constitutional Court on Traditional Forest Erina Pane
Fiat Justisia: Jurnal Ilmu Hukum Vol 11 No 1 (2017)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v11no1.904

Abstract

Constitutional Court Decision No.35/ PUU-X/2012 restored the function of indigenous forests to be managed by the indigenous peoples. The ruling establishes that indigenous forest is no longer a part of the state forest but part of the forest rights. Forest rights no longer only include forests on lands of the natural/legal entity but also are located in the area of indigenous peoples. The problem in this research is how the reconstruction of indigenous forest planning policy in Way Kanan regency after the issuance of the Constitutional Court Decision No. 35 / PUU-X / 2012 on Traditional Forest. The research used here is normative juridical-empirical. The data used is secondary data and primary data, and then is performed by juridical qualitative data analysis. Based on the research results, the arrangement of indigenous forests done by Way Kanan District Government is started with the assistance and mediator, data collection, research conduct and the confirmation of the existence of customary law communities along with indigenous areas, cooperating with the partnership between indigenous peoples and the concessionaires of Forest Management Rights (HPH), and accelerate the formation Regional Regulation on the Recognition of Indigenous Peoples. Indigenous forest planning policy was blocked because Way Kanan Regional Regulation that specifically related to customary law communities has not been established, there is something confusing associated with the administration of indigenous forests and the intervention of interests of the party holding Forest Management Rights (HPH).  Keyword: Reconstruction, Regulation, Indigenous Forest
Legal Issues in Sharia Pawn Gold Practice in Indonesia Lastuti Abubakar; Tri Handayani
Fiat Justisia: Jurnal Ilmu Hukum Vol 11 No 1 (2017)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v11no1.618

Abstract

In the past few years, there is a trend of applying Islamic concept in Indonesia’s economic system, and it has implications for the existing legal system whereby new legal system should accommodate the changes. One of the institutions that use both conventional and shari’a system in Indonesia is pawning as an alternative financing mechanism, particularly for micro and consumption sectors. In practice, the function of pawning as a financing instrument has shifted into investment by continuously doing pawning and buying. As a result, people who need fund for financing are not facilitated.  The current regulation has allowed this practice for banks, pawn shops, and financial institutions to offer pawn gold that is not for financing activity but investment activity. Therefore, it raised a question whether this activity is complying with the shari’a principles. What kind of regulations that can make the function of pawning back to its original purpose as a financing mechanism. This study uses a normative juridical approach by using secondary data from the legal resources, with a specification of research methods using descriptive analysis whereas data are qualitatively described. The findings from this study reveal that the practice of pawning gold in Indonesia has not been fully consistent with the pawning function, therefore; it requires appropriate regulation so that the original function as the alternative financing for households and small, medium enterprises (SMEs) is not shifted to gold investment vehicles. Pawning gold is expected to be complementary to the businesses and households regarding financing that cannot be fulfilled by the banks and other financial institutions. Keywords: Pawn Gold, Legal Pawning, Shari’a

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