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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 15 No 3 (2021)" : 6 Documents clear
Separatist Creditors Problems on Postponement of Debt Payment Obligations Based on the Supreme Court’s Decree Number 30/KMA/SK/I/2020 Suwinto Johan
Fiat Justisia: Jurnal Ilmu Hukum Vol 15 No 3 (2021)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v15no3.1956

Abstract

Debt Payment Obligation postponement is an effort for creditors and debtors to settle the debts with a more efficient process. The creditor of a company consists of concurrent and separatist creditors. Based on the Supreme Court Decree Number 30/KMA/SK/I/2020 Book I on the Guidelines for the Settlement of Requests for Bankrupt and Postponement of Debt Payment Obligation of the Supreme Court of the Republic of Indonesia, the creditors who can submit Postponement of Debt Payment Obligation (PKPU) are only concurrent creditors. The separatist creditors are not allowed to submit PKPU. This is different from the Bankruptcy and the Postponement of Debt Payment Law Number 37 of 2004. Based on Law Number 37 of 2004, Creditors who can submit Postponement of Debt Payment Obligation are creditors who estimate that the debtor cannot continue to pay debts that are due and can be billed, can request that the debtor be given a postponement of debt payment, to enable the debtor to submit a reconciliatory proposal which includes offering the payment of part or all of the debt to the creditor. However, based on the Supreme Court Decree, only the concurrent creditor can submit Debt Payment Obligation’s postponement. As a result of this Supreme Court Decree, the separatist creditors cannot apply for Debt Payment Obligation postponement. Separatist creditors can propose the postponement of debt payment obligations if the separatist creditor has turned into a concurrent creditor. Separatist creditors become concurrent creditors if the collateral provided value is insufficient for the company’s obligations so that the separatist creditors can propose to be part of the concurrent creditors. By becoming a concurrent creditor, the separatist creditors can submit to be part of the peace proposal and distribute the remaining company assets.
The Role of Marine Security Agency (BAKAMLA) As Sea and Coast Guards in Indonesian Water Jurisdiction Rika Kurniaty; Herman Suryokumoro; Setyo Widagdo
Fiat Justisia: Jurnal Ilmu Hukum Vol 15 No 3 (2021)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v15no3.2017

Abstract

The Indonesian geographical condition as an archipelagic state with abundant natural resources has put maritime security into its central issue. Several challenges are facing Indonesia’s maritime coordination. National maritime agencies are still overlapping and duplicating based on various laws and regulations. As part of the Indonesian vision to be a ‘global maritime fulcrum,’ Indonesia’s government established the Marine Security Agency (BAKAMLA). BAKAMLA aims to shift the law enforcement paradigm from a multi-agency multi-task to a single-agency multi-task. The establishment of BAKAMLA is expected to create law enforcement’s effectiveness and efficiency in Indonesia’s water jurisdiction. This study is a type of normative juridical research using a statute approach and case study approach. This study reveals that the emerging of BAKAMLA, based on Law Number 32 of 2014 concerning Marine, grants broad authority to the maritime security agency. BAKAMLA has the power to direct instant pursue, dismiss, inspect, arrest, carry, and deliver the ship to the related authorized agency for further legal proceedings. BAKAMLA also has the authority to integrated security and safety information systems. The presence of BAKAMLA does not necessarily disregard or eliminate other institutions in the same task, but as a guard to stimulate to synergize further the security and safety of Indonesia’s territorial waters under a single command unit.
Tort Claim under the Ship Time Charter: The Perspective of Indonesian Law Kartika Paramita
Fiat Justisia: Jurnal Ilmu Hukum Vol 15 No 3 (2021)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v15no3.2089

Abstract

During a cargo carriage by sea under the time charter scheme, there can be a situation where the Ship-owner of the vessel does not have a contractual relationship with the cargo owner. This situation could happen when the charterer becomes the contractual carrier under the bill of lading instead of the Ship-owner. In that given scenario, if cargo damage occurs, the cargo owner can submit a tort claim against the Ship-owner. Indonesia never ratifies an international convention in the field of carriage of goods by sea. Suppose the given scenario happens without the incorporation of the Charter party or the provision of any international convention into the bill of lading, a tort claim will become a choice for the cargo owner to ask the Ship-owner's liability. It is the purpose of this article to analyze how Indonesian laws will examine a tort claim and how the Ship-owner will construe his defense in the field of carriage of goods by sea. The writing finds that Indonesia Commercial Code provides a legal basis for a cargo owner's tort claim against the Ship-owner. However, it needs further discussion to set the relationship status among the Ship-owner, the time-charterer/contractual carrier, and the cargo owner under Indonesian laws and regulations.
Satellite Image Data as Environmental Crime Evidence in the Field of Illegal Logging Mahfud Mahfud; Lena Farsia; Nellyana Roesa; Safrina Safrina
Fiat Justisia: Jurnal Ilmu Hukum Vol 15 No 3 (2021)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v15no3.2166

Abstract

Indonesia's forest degradation which is triggered by decades of uncontrolled deforestation has caused massive tropical forest depletion. The same situation also happened to Aceh's forest whose forest areas have been shrinking from year to year.  Indication of the increase in illegal logging is both in Indonesia and especially in Aceh as if showing an indication and an academic conclusion that there is a crucial problem. Therefore, there is a need for a mechanism to create an effective legal role to at least reduce illegal logging that is increasingly prevalent in Indonesia's forests. One of the mechanisms is by using a remote sensing technology approach to monitor the occurrence of illegal logging or other criminal acts in the forest which are considered to be the cause of the loss of Aceh's forest in particular and Indonesia in general. This study aims to find out the use of remote sensing satellite technology to monitor illegal logging in Aceh and to identify the use of satellite imagery by law enforcement officials in Aceh to punish illegal logging offenders. The results showed that law enforcement officers used satellite imagery data on conditions before and after environmental damage in handling illegal logging.   However,   the data that emerged from   LAPAN   is rarely used by law enforcement officials to monitor the condition of national forests, especially those in their work areas. Lack of use of satellite data by law enforcement officials in the initial tracking to eradicate illegal logging due to their lack of initiative to prevent illegal logging, the physical condition of  Leuser protected forest areas which are also close to residential areas,   and external issues of areas that make wood from Aceh's forests are traded outside the region and even abroad, as well as the lack of qualifications of law enforcement officials who know the environmental issues.
Social Reality as Legal Authenticity (Criticism of Bad Positive Laws in Legislation) Yogi Prasetyo
Fiat Justisia: Jurnal Ilmu Hukum Vol 15 No 3 (2021)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v15no3.2194

Abstract

This study aims to explain social reality as the authenticity of Indonesian law and criticism of legal positivism in the legislation. This study using a literature study research method with a legal philosophy approach. Data obtained from the results of literature studies on several scientific works related to the theme of the problem. Data analysis was performed using descriptive, evaluative methods. The results of the research show that there is an incorrect understanding of the law in society. This is because the legal system used in Indonesia still refers to the legacy of the Dutch colonialists. Law is only understood as mere legislation. Apart from that, it is not considered law, such as social realities in people's lives. Laws must be written and issued by state institutions, not norms that arise from social life in society. The law's impact is dry from the social values of society so that the law is far from the sense of justice that is expected by the community. This study is expected to provide benefits to uphold the authentic Indonesian legal sovereignty that originates from the social realities of society. So that Indonesia is free from the bad influence of the legacy of the Dutch colonial legal system because the social reality of society is the original form of Indonesian law.
Implications of the Omnibus Law on Job Creation towards the Indonesian Forestry Sector Sunarto Sunarto; Maya Shafira; Mashuril Anwar
Fiat Justisia: Jurnal Ilmu Hukum Vol 15 No 3 (2021)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v15no3.2302

Abstract

The research aims to analyze the positive and negative implications of the omnibus law on job creation on the development of the forestry sector. In writing, this article is normative juridical. Based on this method, this research is conducted by examining and analyzing theories, doctrines, and laws and regulations that are relevant to the issues discussed. Based on research results, the main points of amendments to regulations in the forestry sector include affirmation of forest areas, forest areas, changes in forest area designation and function, utilization of production forests and protected forests, business permits, non-tax state revenues in the forestry sector, utilization of forest areas outside forestry activities, the authority of the central and regional governments in forest protection, prohibiting activities that cause forest destruction, and imposing sanctions and procedural law on criminal acts of forest destruction. These changes have implications for forest protection in Indonesia, including increasing forest area conversion, limiting community participation in forest management plans, and weakening sanctions (eliminating absolute responsibility). Therefore, in policy formulation, it is necessary to pay attention to forest protection to harmonize human and environmental interests. Based on the results of the research, it is therefore recommended that the government be firm and concrete in regulating forest protection efforts in future implementing regulations.

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