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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 3 (2017)" : 6 Documents clear
Good Governance According to Islamic Perspective Mohamad Ismail Bin Mohamad Yunus
Fiat Justisia: Jurnal Ilmu Hukum Vol 11 No 3 (2017)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v11no1.696

Abstract

The objectives of the professional agencies must embody provisions that promote good governance and embrace values of integrity and accountability and seek support from the public and the government of the day to provide an independent view on all matters. The universal truth is that everything should be done in the public good. Professionals form the backbone of human infrastructure in any economy, politics, social and legal growth. Their contributions through professional performance enhance the good delivery system that facilitates policies making and management for public sector. They provide the skills and talent in balancing the pursuits of maximization of services. The expression “good governance” has constantly been used lately in both public sector as well as private sector in Malaysia. In the context of a private body, it should be within the framework of the statute, which governs the body and also its constitution. In the public sector, it means that the administrators should act professionally and not to abuse or misuse the power or authority given to them. They are regarded as the trustees of the public at large. The scope of this article is on good public governance in the public sector or to be exact, good governmental administration as interpreted by the judiciary especially through its judicial review power and Islamic Perspective based on the principles of Maqasid As Shariah (Objectives of Islamic Law). Keywords: Good Governance, Public Sector, Malaysian Law, Islamic Perspective, Maqasid As-Shariah.
The Protection of Human Rights in Indonesian Constitutional Law after the Amendment of the 1945 Constitution of the Republic of Indonesia Leli Tibaka; Rosdian Rosdian
Fiat Justisia: Jurnal Ilmu Hukum Vol 11 No 3 (2017)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v11no3.1141

Abstract

The amendment to the 1945 Constitution of the Republic of Indonesia has shown progress in respecting, protecting and fulfilling human rights in Indonesia. It is proven from the advanced provisions that have set the human rights material, starting from the affirmation of fundamental rights, individual rights, social rights, solidarity rights, and even the assertion of rights included in the category of not-derogable rights in the Second Amendment to the 1945 Constitution. The urgency of the Constitution 1945 as written constitution due to its status as the ultimate instrument to determine a norm (law), action or government policy, so it will not violate human rights and constitutional rights of the citizens. Thus, the Constitution is an important instrument in term of guaranty and ensuring that human rights within the Republic of Indonesia are protected, even though the source of human rights is not actually derived from the State but naturally originated from natural law, whether its universal validity is either affirmed or not in the Constitution. It shows progress in the level of regulation and protection of human rights in Indonesia.Related to the guarantee of the protection of human rights, one of the important material of the 1945 Constitution of the Republic of Indonesia is the presence of a new judicial institution called the Constitutional Court, in addition to the Supreme Court. The existence of the Constitutional Court in Indonesia is an improvement in maintaining and upholding the Constitution and protecting human rights. Hence, the Constitutional Court referred to as “the Protector of Human Rights.” Protection of human rights is carried out through the exercise of authority as defined in Article 24C Paragraph (1) of the 1945 Constitution which is to review an Act against the Constitution, to judge on authority disputes of state institutions whose authorities are granted by the Constitution, to judge on the dissolution of a political party, and to judge on disputes regarding the result of a general election. Also, Article 24C Paragraph (2) obliges the Constitutional Court to render a judgment on the petition of the People’s Representative Council regarding an alleged violation by the President and the Vice President according to the Constitution. Keywords: Human Rights, Constitutional Law, Amendment to the Constitution.
The Identity Politics of the Minority in Knitting the Constitutionality (The Legal review of Sunda Wiwitan Community of Cigugur, Kuningan, West Java) Sarip Sarip
Fiat Justisia: Jurnal Ilmu Hukum Vol 11 No 3 (2017)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v11no3.1080

Abstract

The Identity Politics of Sunda Wiwitan community, which nowadays is rated as a form of self-preservation to meet the economic needs of families, has been considered to get restraints from the state. The economic needs make the identity politics as a means to save oneself. The Identification card, which is known as KTP and in which there is a religion column, has created discrimination of the identity for the Sunda Wiwitan Community (KSW). The KSW still runs the obedience to the teachings of the ancestors but to save the economy, the status of the religion is willingly written to be recognized as other religions by the state. There is no other way to save the economic life for the sake of the family survival than to fill in the religion column with the state-recognized religions. The situation is certainly influential for the KSW against other identities such as marriage and education cards. The discussion uses the result that comes from the interviews and some literature. Then the result becomes something ideal for KSW to save themselves in the economic field by changing the identity on the ID card. It is the way from KSW in passing the identity politics to meet the economic needs while the other side becomes the weakness of the Indonesian national law that does not provide any space for KSW in order to have equal opportunity as the Indonesian citizen.  Keywords: The Identity Politics, KSW, Constitutionality.
The Dilemma of Indonesia Welfare State Challenge of Realizing Social Welfare in the Global Era Hs. Tisnanta; James Reinaldo; Fathoni Fathoni
Fiat Justisia: Jurnal Ilmu Hukum Vol 11 No 3 (2017)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v11no3.936

Abstract

Globalization has placed Indonesia in a dilemma in creating the welfare of the people. Many legislations with liberal character are disallowed through the constitutional review by the constitutional court. The liberal character then becomes constraints for government to realize social welfare, thus harming the economic interest of people and contrary to the constitution (UUD 1945). Efforts to create welfare cannot be separated from state sovereignty in determining the economics welfare policy in the form of law. The State needs to adopt policies of recalibrating sovereignty to realize its objectives. Sovereignty is the essential requirement to be able to build pengayoman law character, ideology by Pancasila ideology and UUDNRI 1945. The legal substance of pengayoman law (protection and succor) will realize a balance between global interests and the interests of the nation. Pengayoman Law integrates the efficiency and freedom with fairness and welfare excellence. Also, the Pengayoman Law always opens the space to give a guarantee/partiality to the poor through social policies that are based on human dignity. Keywords: Welfare, Challenges, Globalization, Dilemma
The Development of Legal Education in the Kingdom of Saudi Arabia muamar hasan salameh; Jaida Aboul Fotouh
Fiat Justisia: Jurnal Ilmu Hukum Vol 11 No 3 (2017)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v11no3.973

Abstract

In the Kingdom of Saudi Arabia (KSA), Islamic Shariah is the foundation of the laws of the state. While the modern Saudi legal system encompasses both written and unwritten laws, Shariah is still considered supreme and hence directs most of the state’s regulations. Nevertheless, currently, those who aim to practice law need to acquire a foundation of all prevailing laws. Due to the supremacy of Shariah, most universities still do not offer comprehensive degree plans, which often poses limitations to the development of legal education in the Kingdom. This study aims to address this conundrum by examining the various degree plans in Saudi universities, scrutinizing whether they offer comprehensive degrees, which should encompass both Shariah laws yet also the newly codified rules. This research draws upon secondary sources, which analyze the progress of the legal education in KSA and its effects on future legal practitioners. Results suggest that the legal curricular should be redesigned to improve the capabilities of prospective legal professionals by integrating the non-codified rules of law with the Islamic law in a more practical, realistic and efficient manner.  Keywords: Legal education, Shariah, Saudi Arabia.
Legal Sanction of Kesepekang in Balinese Customary System (In Perspective: Empiricism Theory of David Hume) I Ketut Seregig
Fiat Justisia: Jurnal Ilmu Hukum Vol 11 No 3 (2017)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v11no3.1109

Abstract

Legal sanction of Kesepekang is a moral sanction that has been a habit in Balinese custom society and has been done from generation to generation, both the one in Bali and outside Balinese custom society. The implementation of Kesepekang sanction currently is considered by the intellectuals of Balinese custom society as a behavior that violates social values in society. In its development, legal sanction of Kesepekang has been politicized as a factor causing the occurrence of custom society disharmony, both the one in Bali and outside Bali. This society resistance has weakened the function of Balinese customary law sourced from one of Hinduism belief which is “believing the presence of karmaphala (result from behavior) law.” The issue occurring in Balinese custom society, especially the one in the Province of Lampung, is “whether the legal sanction of kesepekang is still relevant if it is applied in Balinese traditional system.”  Based on the observation result, the term of Kesepekang is the attitude of “silence” that is done by the other members of customers who do not obey the customary regulations in their groups. Certain groups consider that the legal sanction of Kesepekang has violated human nature as social beings. To prove this argument, a study entitled: Legal Sanction of Kesepekang in Balinese Customary System–(In Perspective: Empiricism Theory of David Hume) is conducted. The result of the study can be concluded that the legal principles in Kesepekang sanction are the law of causation (causality), which each action certainly affects “when doing good, the result will be good – when doing bad, the result will be bad.” In the perspective of David Hume’s Empiricism theory, Kesepekang sanction is a sensory experience that occurs in custom society. Experience, according to David Hume, is the only source of knowledge, so the act of “silence” done by the member of custom as the effort in giving punishment to the member of customer who does not obey is a reality received by sense as an experience. Keywords: Kesepekang Legal Sanction, Empiricism Truth Theory

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