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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 2 (2017)" : 6 Documents clear
Strengthening the Integrity of Local Leadership and its Relevance to Run Democratic Governance Maulana Mukhlis; Idil Akbar
Fiat Justisia: Jurnal Ilmu Hukum Vol 11 No 2 (2017)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v11no2.989

Abstract

AbstractEven though many aspects that show the way to run a democratic government, but the most important aspect is related to the leadership of integrity. The leadership of integrity put the perspective of power in the orientation of partisanship on the people. Also, democratic governance at the local level can be run effectively and constructively if the leadership held with integrity. In another word, the leadership of integrity is a requirement to run a democratic government. Therefore, the integrity of local leadership should be encouraged. Strengthening the integrity of local leadership includes two main things, namely giving a great opportunity for people participation and is committed to a clean and accountable government. Our conception of the strengthening the local leadership integrity and relevance of a democratic government explains important aspects of leadership in maintaining the continuity of a government. For success or failure of a reign depends on how to reach a democratic government that can be reached and gets the highest appreciation from the community. Therefore, the purpose of the writing of this article is to explain the significance between the leadership of integrity with democratic governance and elaborating how to strengthen the integrity of the leadership in the efforts to reach a democratic government. Keywords: Leadership, Leadership Integrity, Democracy, Local Government, Democratic Governance.
Positive Protection: Protecting Genetic Resources Related to Traditional Knowledge in Indonesia Rohaini Rohaini; Nenny Dwi Ariani
Fiat Justisia: Jurnal Ilmu Hukum Vol 11 No 2 (2017)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v11no2.985

Abstract

Genetic Resources is a foundation of human life, as a source of food, industrial raw materials, pharmaceuticals, and medicines. From its utilization may provide a financial benefit to the provider and the user of it. Unfortunately, most of it obtained from developing countries through biopiracy, including Indonesia. Furthermore, in the early 1980s, access and benefit sharing (ABS) to genetic resources became an international issue. It leads to the adoption of the Convention on Biological Diversity (CBD) in 1992. However, since it was approved, the whole ideas of excellence of it could not be implemented, a problem on it still arises. Intellectual property right laws, in certain aspects, are possible for using to protect traditional knowledge from their utilization. However, at the same time, intellectual property regime also becomes “a tool” to legitimate of biopiracy practices. Due to massive international pressure, mostly in developing countries, it proposes two kinds of protections, which are positive protection and defensive protection. This paper will examine one of it, which is positive protection. By using the normative method and qualitative approach, this paper identified at least two kinds of positive protections that we can develop to protect genetic resources related to traditional knowledge, which are optimizing the patent law and developing the sui generis law. Furthermore, it can be done by some revision by adding new substances, an improvement on the articles, or even by doing the deletion on certain articles. Moreover, in order to develop the sui generis law, it identified several minimum elements that shall be contained on it, inter alia: the purposes of protection; scope of protection; criteria of protection; the beneficiaries of protection: the holder of traditional knowledge; the kind of rights to be granted; how the rights acquired; how to enforce it; how the rights lost or expired; and dispute resolution.  Keywords: Positive Protection, Genetic Resources, Traditional Knowledge.
The Urgency of Protection of Hand-Rolled Kretek as Handicraft Product of Geographical Indication of Kudus District Toebagus Galang Windi pratama
Fiat Justisia: Jurnal Ilmu Hukum Vol 11 No 2 (2017)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v11no2.937

Abstract

Hand-rolled Kretek Protection as a Handicraft Product of Geographical Indication is an urgency because even though this product has taken r deep roots in Indonesian’s Culture, but because of the negative stigma of the danger of Cigarette made this product existence decreased over time, causing many small Hand-Kretek industries bankrupt and many Kretek-Roller Labourer Fired. The Study of Hand-Rolled Kretek as a Handicraft Product of Geographical Indication of Kudus District uses a Sociological Approach Method with Juridical-Empirical research method. The Primary data used in this research are Data Obtained from related people or Institution with the help of relevant literature, Documents and comparison to similar regulation from other countries as a secondary Data to find out whether Hand-Rolled Kretek is in accordance with product law provisions that can be a Geographical Indication Product of Handicraft or not and what implication that may occur. The result of the research shows that hand-rolled kretek can be a product of Geographical Indication because, regarding history, its distinguishing potential, and economic potential are sufficient, and are by the rules given, morality, religion and public order stated in Law No. 20 of 2016. The implications that arise can be seen both in the field of Economics such as increasing state income and employment, in the field of Social which can straighten the negative stigma of Hand-rolled kretek, and also in the field of Law where Hand-Rolled Kretek as a Geographical Indication Product of Handicraft can be used as a Reference for other industries to become a Geographical Indication products. Keyword: Hand-Rolled Kretek, Geographical Indication, Handicraft Product, Kudus District.
Indonesian Fisheries Policy Reform: Compliance with Stringent Food Safety Requirement Of Importing Countries Fauna Alwy
Fiat Justisia: Jurnal Ilmu Hukum Vol 11 No 2 (2017)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v11no2.984

Abstract

The main objective of this research is to discover the idea of innovation of Indonesia's legislation system on food security/seafood which has been heavily influenced by trade relations between Indonesia and the European Union as a group of major importing countries. This is a case study that largely examines and presents trade disputes between Indonesia and some major importing countries, especially with the EU countries as a major group of country importers of fishery products and seafood from Indonesia. The various disputes and complaints found in this case study demonstrate the fact that the marine fisheries sector as one of Indonesia's mainstay sectors has a very potential economic value for the country's foreign exchange earnings. There is a very close relationship between the fisheries sector with the fulfillment of people's living needs as well as the development of the economic sector in general, including food safety aspects. This should be addressed appropriately and efficiently by the government by adjusting and even updating laws and regulations in this sector by the international food standard/food security; given the numerous demands and rejection of most of Indonesia's trading partner countries in this sector. Keyword: Indonesian Fisheries, Policy Reform, Compliance, Food Safety Requirements, Importing Countries.
The Choice of Law Issues in Marine Insurance Disputes Resolution in Indonesia Marnia Rani
Fiat Justisia: Jurnal Ilmu Hukum Vol 11 No 2 (2017)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v11no2.938

Abstract

Marine insurance business in Indonesia such as marine hull and machinery insurance and cargo insurance are subject to applicable laws and practices in the United Kingdom. Although Indonesia already has marine insurance law which is regulated in Wetboek van Koophandel, in fact, this business subject to English Law and Practice. The choice of law is listed in the insurance policy. Submission of the law and practice in the UK raises the issue for the parties in the insurance contract, between Insurer and Insured. Although the principle of the contract is a law for those who make it, in practice, there is a problem. The problem is especially when there is a dispute between Insurer and Insured. When disputes occur, each party has a different opinion regarding which country's laws may be applied to resolve disputes between Insurance Companies and Policyholders (the proper law of the contract, the applicable law). When referring to the provisions contained in the marine insurance policy which is a contract of the parties, it should be settled under the legal system and the practice of law which is in force in the United Kingdom, because the choice of law is written in the contract. However, the problem arises again, whether the choice of law in the insurance contract can be applied, if the insurance company as a legal entity is established under Indonesian law and domiciled in Indonesia, as well as the policyholders who are Indonesian. On the basis of such matters, this paper intended to elaborate the principles of international civil law in Indonesia regarding the choice of law in the contract and is also associated with the personal status of the insurance company, the personal status of the policyholder who are Indonesian, as well as the consequences of the choice of law listed in marine hull and machinery insurance or cargo insurance and national laws which can be applied to marine insurance disputes occurring in Indonesia. Keywords: Marine Insurance, Choice of Law 
The Delegation of State Sovereignty over Air Space in the Implementation of Air Navigation: The Analysis of the Agreement between Indonesia and Singapore on Management of the Batam and Natuna Flight Information Region Endang Puji Lestari
Fiat Justisia: Jurnal Ilmu Hukum Vol 11 No 2 (2017)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v11no2.813

Abstract

The state sovereignty over airspace with its complete and exclusive nature experiences a significant dynamic in both its concept and implementation in the international air law. Sovereignty over the airspace not only provides legislative, executive, and judicialauthorities of the state but also puts an obligation on the state to provide facilities for aviation safety. The reason for aviation safety airspace of a sovereign state can be delegated to other states to manage the service of navigation, for example, Indonesian air spaces in the Natuna and Batam, are maintained by Singapore for the sake of aviation safety. The taking over of the management of FIR in Batam and Natuna had been carried out through several steps. First, establishing Civil Military Aviation Coordination (CMAC) as outlined in the Government Regulation (Ministry of Transportation Regulation Number 55 on 2016) concerning the order of the national airspace. Second, evaluating the implementation of air navigation by reformulating the institutional of LPPNPI, evaluating the cooperation agreement between the Government of Indonesia and Singapore, and providing air navigation service during the transition period in Natuna Islands. Third, conducting the taking over concept phase by phase, in which the first phase, Singapore only provides air navigation service, while Indonesia only monitors. The second phase, Indonesia provides air navigation services, while Singapore only monitors, and for the third phase, as the final implementation, Indonesia provides air navigation services fully. Keywords: Delegation, Sovereignty, Air Space, Air Navigation, Agreement

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