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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 12 No 2 (2018)" : 6 Documents clear
The Alternative Model Settlement of Credit Problems in Banking Agencies Lukmanul Hakim
Fiat Justisia: Jurnal Ilmu Hukum Vol 12 No 2 (2018)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v12no2.1299

Abstract

Currently, the bank had a very important and very strategic role in various fields, as mandated by Law No. 7 on 1992 as amended and added into Law No. 10 on 1998 concerning banking where the bank has the main function of collecting and channeling the funds back to the community. Currently, the community cannot be separated from the banking world because it is no longer a public secret that banking services are very helpful towards the economic activities, especially entrepreneurs who want to expand their business. The research method used to answer the problems in this research is to use the normative legal research approach which is also called theoretical legal research or dogmatic legal research because it does not study the implementation of legal imperative. Data processing is done by several stages, namely data selection, data classification, and data systematics. Furthermore, the data is processed and analyzed qualitatively. The results of research and discussion show that legal certainty made by the government as an effort to protect the banks and debtors while the efforts that can be taken in settlement of troubled banks can be made by reconditioning, restructuring, and rescheduling. Besides the existence of 3R as one of the problems solving loan models, there are also models of problem-solving loans such as selling collateral underhand or takeover. Keywords: Model Alternative Settlement, Credit, Problematic, Banking.
The Implementation of Diversion by the Investigator of Bandung Police Department Towards Narcotics Cases Conducted by Children Herdiansyah Akhmadi; Ijud Tajudin
Fiat Justisia: Jurnal Ilmu Hukum Vol 12 No 2 (2018)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v12no2.1311

Abstract

Narcotics crime is not only done by someone who has entered adulthood. In fact, the involvement of children in the vicious circle of narcotic crime has often been encountered. In response, the Government issued Law No. 11 Year 2012 on the Criminal Justice System for Children to accommodate children with legal problems. In the Criminal Justice System Law for Children found a concept that is not encountered in another law that is diversion. Diversion is the transfer of the settlement of child cases from criminal justice process to process outside of criminal justice process. The requirement for a child to be made a diversion effort is a criminal threat against the child is not more than 7 (seven) years and not the repetition of criminal offense. Drug Division of Bandung City Police Department in the period of investigation 2015 - 2017 has handled 7 (seven) narcotics cases done by the child. The success rate of diversion in the BCPD is more than 50%, although not a few factors can hamper the enforcement of diversion itself. This study aims to find out how the process of diversion conducted by BCPD Drug Division and whatever obstacles they face. This research was conducted using normative juridical approach method and empirical juridical research specification, that is by examining secondary data consisting of primary law material, secondary law material, and field research in the form of a third party related interview. It can be argued that the application of diversion is not easy but does not make the process of applying diversion of children stalled. In addition to the necessary reforms in the aspect of a legislative establishment, it is also necessary to develop the infrastructure and capacity building of the law enforcement in the implementation of the diversion process, so that the implementation of diversion system can be done optimally. Thus, Indonesia as a just state of law can provide complete protection and justice for children from the conventional criminal justice systems Keywords: Child Criminal Court System, Diversion, Law Enforcement
The Principle of Good Faith in The Choice of Law of Foreign Direct Investment Contracts in Indonesia Rizky Amalia; Hilda Yunita Sabrie; Widhayani Dian
Fiat Justisia: Jurnal Ilmu Hukum Vol 12 No 2 (2018)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v12no2.1306

Abstract

Applying the principle of good faith in the choice of law is one of the most common problems of international business contract, particularly in foreign direct investment contracts. The implementation of the principle of good faith in the choice of law increasingly reduced by the emergence of some problems in the investment contract, which of course, the most aggrieved entities are domestic investors who also host country. The choice of law has an important role in the contract because it concerns the interests of each of the parties, and the principle of good faith as a priority principle of international contract law should be applied as the basis for determining the choice of law for the parties to a contract. This paper examines the principle of good faith in the choice of law to realize justice among the parties with different laws, especially on private and public investment contracts between foreign investors and domestic investors in Indonesia, in the process of formation, implementation, or post-contract. This paper is legal research that is normative, meaning that this research is based on the prevailing laws and regulations in Indonesia. Then, the approach used is statute approach and conceptual approach. So it is expected that between the rules and the concept of existing topics will be aligned. Keywords: Choice of Law, Foreign Direct Investment Contracts, Principles of Good Faith. 
Redesign of Constitutional Ethics For State Administrator Based on The Value of Pancasila Muhtadi Muhtadi; Indra Perwira
Fiat Justisia: Jurnal Ilmu Hukum Vol 12 No 2 (2018)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v12no2.940

Abstract

A constitution is a collective agreement as the foundation and goal to be achieved in the state. Therefore, the constitution not only regulates the fundamental rules of the state but also contains the ethical values that serve as the guiding of the state administrator. However, the spreading of violations of law such as corruption, abuse of authority that ends in the imposition of sanctions justifies the occurrence of incompatibility between the values of the constitutional principle as a reflection of the soul of the nation with the moral obligation of state administrator to implement the values. Using a doctrinal approach, data will be analyzed through the original intent of interpretation, grammatical and systematic law is expected to formulate a new model of constitutional ethics for state administrator based on the value of “Pancasila.” Based on the study of moral and constitutional philosophy with the law interpretation method can be concluded that the ethical values in the 1945 Constitution requires that state administrator base their deeds on the moral deity who respects the values of human civilization as Indonesian citizens, and humans in general with the priority of Indonesian unity above all interests and classes in order to achieve the ideals of social justice based on a deliberate-oriented on the great goal of Indonesian independence. To achieve this intention, the formation of ethical standards of the administrator in the constitutional norms through the amendment of the 1945 Constitution which then set a further law which is general and contains normative sanctions. Keywords: Redesign, Constitutional Ethics, State Administrator
Problematic Dilemma of The Limitation of Granting Remission for Corruption Prisoners Maroni Maroni; Nenny Dwi Ariani
Fiat Justisia: Jurnal Ilmu Hukum Vol 12 No 2 (2018)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v12no2.939

Abstract

Corruption is an extraordinary crime, so the law enforcement for corruption cases must also be done extraordinarily. Therefore, the corruption prisoners or corruptors should be differentiated by their pattern of guidance in Penitentiary. The difference in the process of fostering in Penitentiary is in the form of limitation of granting remission for corruptors. The existence of such restrictive policy poses a problem dilemma to the guidance of current corruption prisoners based on Penitentiary System. This is because the penitentiary system essentially sees the crime of "deprivation of liberty" against a person is only "temporary" so that there is a reduction in criminal or remission for every prisoner. The problem is how to overcome the dilemma of granting remission for corruptors in the perspective of the correctional system. The research method is normative juridical with the regulation of law and doctrinal approach. The result of this research is to overcome the dilemma of granting remission for corruptors by revising Government Regulation Number 99 of 2012 on Terms and Procedures Implementation of Rights of Citizens Correctional Penitentiary that distinguishes the requirements for corruption prisoners that cause losses of state in the high or low nominal. For the corruption prisoners that doing corruption in the high nominal to get the special requirement for granting remission should be added in the high profile corruption prisoners are required to accomplish morality education on the nation and homeland patriotism at their expenses. While the lower profile ones are required to following the common standard coaching for general prisoners. Keywords: Remissions, Corruption Prisoners, Corruption, Correctional System
Legality Letter of Statement of Khilaf in Indonesia Criminal Justice System Rugun Romaida Hutabarat
Fiat Justisia: Jurnal Ilmu Hukum Vol 12 No 2 (2018)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v12no2.1307

Abstract

In criminal law, a person charged with a criminal offense may be punished if it meets two matters, namely his act is unlawful, and the perpetrator of a crime may be liable for the indicated action (the offender's error) or the act may be dismissed to the perpetrator, and there is no excuse. The reasons may result in the death or the removal of the implied penalty. But it becomes a matter of how if the Letter of Statement Khilaf is the answer to solve the legal problems. The person who refuses or does not do what has been stated in the letters is often called "wanprestasi" because the statement is categorized as an agreement. The statement includes an agreement which is the domain of civil law or criminal law, so its application in the judicial system can be determined. This should be reviewed in the application of the law, are there any rules governing wrong statements in the criminal justice system. By using a declaration of khilaf as a way out of criminal matters, then the statement should be known in juridical rules. This study uses normative juridical methods, by conceptualizing the law as a norm rule which is a benchmark of human behavior, with emphasis on secondary data sources collected from the primary source of the legislation. The result of this research is that the statement of khilaf has legality, it is based on Jurisprudence No. 3901 K / Pdt / 1985 jo Article 189 Paragraph (1) of Indonesian criminal procedure law. However, this oversight letter needs to be verified in front of the court to be valid evidence, but this letter of error is not a deletion of a criminal offense, because the culpability of the defendant has justified the crime he committed. Such recognition, cannot make it free from the crime that has been committed.Keywords: Legality, Letter of Statement, Criminal Justice System

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