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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 13 No 2 (2019)" : 6 Documents clear
Legal Policy Model for Prevention Children Marriage at West Nusa Tenggara Province Sri Karyati; B. Farhana K.Lestari
Fiat Justisia: Jurnal Ilmu Hukum Vol 13 No 2 (2019)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v13no2.1673

Abstract

Until now the issue of child marriage in NTB has not yet been resolved. The issue of child marriage in NTB has not been completed because the roots of child marriage in NTB have not touched the root of the real problem. Therefore there must be a more comprehensive policy breakthrough to prevent the prevention of child marriage in NTB. There is a need for a legal policy to prevent child marriages in NTB that needs scientific studies as the basis for scientific legitimacy about the urgency of the existence of regional regulations to prevent child marriage. There are two problems in this research, first, What is the juridical problem in the policy of preventing the occurrence of child marriage in NTB? Second, what is the right and applicable policy model in preventing the occurrence of child marriage in NTB? This research is normative legal research with a focus on evaluating the policy of preventing child marriage that has been taken by the NTB provincial government. The research approach used is a normative approach and an empirical approach.The results showed that the first, juridical barriers to preventing child marriage in NTB not only had juridical obstacles in terms of the validity of the provisions of article 7 paragraph (1) of the marriage law that regulates the minimum age of marriage is 16 years for women, but also still has obstacles juridical relating to the legal policy on the regulation of child marriages in the content of regional regulations because the local regulation must not conflict with article 7 paragraph (1) of the marriage law which is still valid and other constraints are not operational and the effective decision of the constitutional court No. 22 / PUU / XV / 2017 concerning judicial review of Law No. 1 of 1974 concerning Marriage because this decision only delayed the implementation of the Constitutional Court's decision in 2021 and was very dependent on legislative policy from the DPR and the President to amend Law No. 1 of 1974 concerning Marriage according to the order of the Constitutional Court's decision. Second, the appropriate and applicable policy model in preventing the occurrence of child marriages in NTB is done using the transitional policy model and post-transition policy. The transition policy is carried out by making regulations that regulate the prevention of child marriages by using the child protection paradigm, while post-transition policies are carried out using the family quality policy paradigm with a focus on increasing the age of marriage. legislation. First, the Republic of Indonesia Parliament, especially the Republic of Indonesia Parliament for the period 2019-2024 and the President should immediately follow up on Decision No. 22 / PUU / XV / 2017 by taking legislative policies by entering the amendment bill to Law No. 1 of 1974 concerning Marriage into a national legislation program which is subsequently compiled, discussed and stipulated as law. Second, to respond to the dynamic dynamics of marital law and child protection, the NTB Governor and the NTB DPRD should immediately take legislation in the regions by including the draft regulation on the prevention of child marriages in the 2019 local regulation formation program and then compile and discuss it into regional regulations.
The Phenomenon of Sexual Violence among Adolescents in the Jurisdiction of the West Jakarta National Police Resort and Its Prevention Efforts Dylan Aldianza Ramadhan; Charina Putri Besila
Fiat Justisia: Jurnal Ilmu Hukum Vol 13 No 2 (2019)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v13no2.1574

Abstract

The writing of this scientific paper examines the lack of legal awareness of the community about sexual violence. This scientific work arose because the author saw that there were still many cases of sexual violence even though there were rules governing the acts of sexual violence. And this scientific work aims to tell the public what factors influence the act of sexual violence still arise and what efforts can be made by the community and law enforcement officials such as the police for this problem and is expected to eliminate the emergence of new sexual violence. The study sample was victims of sexual violence or sexual harassment in the Jakarta Bara police station. Data collection is carried out by interviewing 15 West Jakarta District Police Polres. And also conduct literature studies by looking for sources related to sexual violence. The results of this study suggest that the factors that often underlie the occurrence of sexual violence is a love factor where if the victim refuses to serve the perpetrators things will arise that are undesirable and there are false facts from the recognition of the average perpetrator who was interrogated by the police
Regulate DPR’s Committees: Making Indonesian Presidential System More Representative Zulkarnain Ridlwan; Zainal Arifin Mochtar
Fiat Justisia: Jurnal Ilmu Hukum Vol 13 No 2 (2019)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v13no2.1566

Abstract

The evaluation of the DPR's oversight function always considered not to represent the will of critical supervision of the people in almost every DPR's performance satisfaction survey. The DPR Committees institutionally the main actor of supervision, but has not been effective. 11 DPR committees compared to 113 work partners suspected to be one of the causes. Committees formed by DPR and can be adjusted according to needs. Based on a comparative approach on regulations in the US Congress and the British Parliament, it is recommended to narrow the oversight work by increasing the number of DPR committees to balance a large number of partners. The division of supervision work into more committees makes the scope of work narrow so that supervision is more focused. Changes in the arrangement of the number of committees in Law 17/2014 and the DPR 2014 Rules of Conduct need to be done by stating the maximum number of five working partners for each committee. The creativity of the committee to form sub-committees in accordance with needs must also be confirmed in the 2014 DPR Rules of Conduct. Such regulation is expected to make the performance of checks and balances between the DPR and the Government be better assessed by the public as a unitary presidential government system, namely a presidential system that better represents the will of the people's supervision. 
Prevention and Handling of the Crisis of Financial Systems in Banking Institutions Zulfi Diane Zaini; Lukmanul Hakim
Fiat Justisia: Jurnal Ilmu Hukum Vol 13 No 2 (2019)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v13no2.1567

Abstract

Handling of troubled banks currently carried out has been carried out coordinated by related institutions including the Ministry of Finance, Bank Indonesia, the Financial Services Authority and the Deposit Insurance Corporation, as mandated by Law Number 9 of 2016 concerning Prevention and Handling of the Financial System Crisis. Where the handling of troubled banks can be more complex and integrated not only the impact of micro and macro. So that the community can maintain its trust in banking institutions and greatly help economic activities, especially banking entrepreneurs. The problems in this research are as follows: 1) How is the Application of the Precautionary Principle in Minimizing the occurrence of Problematic Banks in Indonesia? and; 2) How is Legal Certainty in the Settlement of Problem Banks in Indonesia?The research method used to answer the problems in this study is to use a normative legal research approach which is also called theoretical legal research or dogmatic legal research because it does not review the implementation of legal implementation. The results of the research and discussion show that the application of the precautionary principle carried out by these banking institutions can make a very impactful contribution, especially in order to minimize the occurrence of good problem banks that have systemic or non-systematic impacts. In addition, legal certainty in the context of handling this troubled bank has been stated in the PPKSK Law as an attempt to resolve troubled banks.
The Accommodation of ASEAN Convention against Trafficking in Persons (ACTIP) in Indonesia Regulation Jevlin Solim
Fiat Justisia: Jurnal Ilmu Hukum Vol 13 No 2 (2019)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v13no2.1680

Abstract

Trafficking in Persons is unarguably one of the largest crime industries in the 21st century that demand a concrete and comprehensive approach to prevent and tackle it. Southeast Asia region is one of the highest regions in terms of supplying, transit, and destination for trafficking in persons victims in the world. ASEAN member states, including Indonesia as key sources of trafficking victims have taken many efforts, one of the latest was ratifying ASEAN Convention Against Trafficking in Persons, Especially Women and Children (ACTIP). And to ensure its effectiveness, the parties need to adjust it with the domestic laws. However, almost 2 years since the ratification, it can hardly be identified any new regulations specifically formed to combat TIPs being enacted to support this convention in Indonesia. Therefore, the objective of this journal is to give insights about the accommodation ACTIP in Indonesia regulation.
The Effect of Colonialism on Implementation of Agrarian Reform in Indonesia Ricco Andreas; Luthfi Kalbu Adi; Sri Sulastuti
Fiat Justisia: Jurnal Ilmu Hukum Vol 13 No 2 (2019)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v13no2.1565

Abstract

The agrarian carried by Sukarno was supported by the peasants throughout Indonesia. How not, the agrarian basic law which then came into force on 1 January 1961 aims to restore and redeem (redistribution) agricultural land to each head of the farm family. The step for that begins with determining the maximum and minimum area of agricultural land taking into account the population, area and other factors. But in its journey, agrarian reform was also influenced by Indonesia's political situation. The problem that will be discussed by the researcher is How do the elements of colonialism influence the implementation of Agrarian Reform in Indonesia? The research method used is a normative legal research method. With the ovary desk, in-depth interviews with related parties. The results of the study are: In addition to the evidence that still uses the Positief Wettelijk system, the state through its tools also puts forward repressive methods as a method of handling agrarian conflicts. So that it can be said that the "spirit" of the custom of the colonial government until now is still "carried" by the state. This has a big influence on the operation of the legal system, and the application of the Agrarian Principles Law in agrarian reform.

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