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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 14 No 3 (2020)" : 6 Documents clear
Death Penalty for Corruptors: Between the Human Rights and Challenges of Progress in Indonesian Law Toba Sastrawan Manik; Sunarso Sunarso
Fiat Justisia: Jurnal Ilmu Hukum Vol 14 No 3 (2020)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v14no3.1773

Abstract

The study concerned here examined students' perceptions of death penalty existence for corruptors. Corruption is a significant problem that captures the attention of the wider public. Corruption has a vast, systematic, and complex impact so that it could be classified as an extraordinary crime. Despite that classification, it turns out that the public considers corruptors’ punishment in Indonesia still too light and has not met the public’s expectations regarding justice. The people still feel the disparity in a penalty for corruption. The public believes capital punishment to a punishment option that could cause a deterrent effect. The majority of the public wants corruptors to be sentenced to death, but there is opposition to the death penalty on the grounds of upholding human rights. This study was conducted by students of the Pendidikan Pancasila dan Kewarganegaraan (PPKn) or Department of Pancasila and Citizenship, Faculty of Social Sciences, Universitas Negeri Medan. It is found in the study that students agree on the death penalty for corruptors, that they do not see human rights as an excuse for rejecting the death penalty. Moreover, the death penalty is to be viewed as a breakthrough in combating corruption in Indonesia.
Legal Aspects of Micro Business Development Institutions in State Purpose of Welfare Lukmanul Hakim; Etty Mulyati; Djuhaendah Hasan; Tarsisius Murwadji
Fiat Justisia: Jurnal Ilmu Hukum Vol 14 No 3 (2020)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v14no3.1804

Abstract

Micro-business is one of the activities that is currently almost 90% the share of business in Indonesia, considering the micro business is an informal business, and not many micro-businesses have been touched by the financing sector so that micro-businesses are not affected in the economic crisis. In addition, micro-businesses are complicated to develop their businesses due to the lack of requirements to get funding and guidance that is still not effective, resulting in the lack of information for businesses to take advantage of existing market share. Moreover, micro-businesses must also be able to adapt to continue and grow amidst the current difficult conditions. The problems in this study are 1. Growth of Micro Businesses and the Concept of Development and Funding amid Technology-Based Business Competition 2. Legal Aspects of Micro-Business Development in the Welfare State's Goals. Results of this Research As the goal of the welfare state is one of them to improve the social welfare of the community. Micro-businesses participate in the purpose of the welfare state because remembering micro business as one of the fundamental pillars of driving the economy in Indonesia. It is necessary to have an active role of government and society to participate in building micro-businesses to be more developed so that the increase of the economy both in the region and nationally. So that the government must be able to facilitate businesses so that micro businesses can develop as the objectives of the welfare state.
Constitutional Court of the Republic of Indonesia: Does the Ultra Petita Principle Reflect the Truth of Law? Bagus Hermanto; I Gede Yusa; Nyoman Mas Aryani
Fiat Justisia: Jurnal Ilmu Hukum Vol 14 No 3 (2020)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v14no3.1902

Abstract

Constitutional Court is one of the conductors in Indonesia’s judicial power as regulated by Article 24 (2) and Article 24C (1) through (6) of the 1945 Constitution of the Republic of Indonesia, that adjudicates at the first and last levels whose decision is final including in the context of judicial review in the Constitutional Court. The provisions of H.I.R. and R.Bg. firmly reflect one of the principles in the civil procedural law, namely ultra petita, that represent judges prohibition from making decisions beyond what is requested. However, the practice in the Constitutional Court found several Constitutional Court Decisions classified as ultra petita decisions so that there is an academic step to justify the existence of Constitutional Court ruling that determine as ultra petita decisions. This study aims to find the justification of the Constitutional Court in deciding ultra petita through a philosophical, theoretical and legal dogmatic perspective. This study used a normative legal method with the conceptual approach, case studies approach, and legislation or statutory approach. This study shows that based on characteristics of cases under the authority of the Constitutional Court, it cannot be said that the prohibition of ultra petita can be applied to justice in the Constitutional Court, both from a philosophical, theoretical, and legal dogmatic based on several Constitutional Court Decision.
Is the Non-Justiciability of Economic and Socio-Cultural Rights in the Nigerian constitution Unassailable? Re-Examining Judicial Bypass from the Lens of South African and Indian Experiences Hemen Philip Faga; Francis Aloh; Uchechukwu Uguru
Fiat Justisia: Jurnal Ilmu Hukum Vol 14 No 3 (2020)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v14no3.1801

Abstract

The 1999 Constitution of the Federal Republic of Nigeria, as amended (CFRN) recognizes the entitlement of every Nigerian within its borders to enjoy economic and socio-cultural (ESC) rights under Fundamental Objectives and Directive Principles of State Policy. However, the constitution seemingly renders these ESC rights non-justiciable or unenforceable. This paper examines the efforts of the Nigerian judiciary to bypass the non-Justiciability provision to enforce ESC rights in Nigeria. It mainly investigates the role of judicial decisions in other similar jurisdictions such as South Africa and India in shaping the jurisprudence of the enforcement of ESC rights in Nigeria. Therefore, the paper adopts the comparative method and recommends that both the Nigerian legislature and the judiciary should follow the example of enforcement of ESC rights in these other jurisdictions.
Dispute Settlement Practices through the Religious Court’s Mobile Court (Sidang Keliling) Hazar Kusmayanti; Sherly Ayuna Puteri
Fiat Justisia: Jurnal Ilmu Hukum Vol 14 No 3 (2020)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v14no3.1708

Abstract

This research is attempted to analyze the practices of mobile court and compare it with others. Based on the results of the study, the conclusions that can be obtained are that the implementation of the circuit court conducted at the Tasikmalaya District Religious Court has fulfilled several principles of civil procedural law, namely fast, simple and low cost. Among them when people who experience obstacles to come to the court office for reasons of distance, transportation and costs of the court come directly to the location, the bureaucracy is not complicated meaning that the implementation of the trial must be completed no later than 4 times the hearing, and the existence of an effective control system and various elements. Obstacles in the conduct of circuit courts include no standard guidelines for the holding of circuit courts, not all cases registered by residents are resolved in circuit courts, limited budgets, cases that have not been heard are all without prodeo, facilities and infrastructure, and not all religious courts hold circuit courts.
The Challenges of Legal Protection on Traditional Cultural Expressions of Lampung Rohaini Rohaini; Kingkin Wahyuningdiah; Nenny Dwi Ariani
Fiat Justisia: Jurnal Ilmu Hukum Vol 14 No 3 (2020)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v14no3.1853

Abstract

Traditional Cultural Expressions are creations in the field of art that contain elements of traditional heritage characteristics as a national culture which are shared resources developed and maintained or preserved by certain traditional communities. In Lampung, there are various traditional cultural expressions of Lampung indigenous people that still exist. It needs to be protected due to it has unique characteristics and different from other intellectual works. Based on article 38 of Law No 14 of 2018 on Copyright, the Government of Lampung must protect and prevent unauthorized claims and misappropriation of Lampung Traditional Cultural Expression. Using the socio-legal approach, the reseach aims to examine and analyze kinds of legal protection done by Lampung Government for protecting TCE in Lampung, and the challenges of it.

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