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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
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Search results for , issue "Vol 16 No 2 (2022)" : 6 Documents clear
Model of Social Conflict Settlement According to Lampung Adat Law Wahyu Sasongko; Hamzah Hamzah; Harsa Wahyu Ramadhan; Ricco Andreas
Fiat Justisia: Jurnal Ilmu Hukum Vol 16 No 2 (2022)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v16no2.2519

Abstract

The Indonesian nation is heterogeneous because it has various ethnic groups, languages, and customs. This situation indicates that a potential social conflict might occur. In managing potential social conflict, Law No. 7 of 2012 was enacted. This law regulates the resolution of social conflicts through the mechanism of traditional institutions. This research uses a legal concept approach, namely the concept of Lampung adat law, to overcome social conflict. The findings are: First, Law No. 7 of 2012 has not regulated social conflicts settlement specifically in procedural aspect and give a chance to a traditional institution to take its role. Second, Lampung adat law can systematically settle the social conflict through the internalized value of Piil Pesenggiri, which functions as a moral order to Lampung people and heavily relies on the joint meeting of perwatin adat to hold rembuk pekon. This research recommends that social conflicts settlement regulation considers including the Lampung adat law principle into national law. The Lampung local government should manage incoming social conflict based on the traditional institution to provide open space for Lampung adat law in carrying out its role.
Mediation Regulation Re-Arrangement’s Efforts At The State Court Based On Confidential Principles As The Parties’ Protection Rika Destiny Sinaga; Joni Emirzon; Muhammad Syaifuddin
Fiat Justisia: Jurnal Ilmu Hukum Vol 16 No 2 (2022)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v16no2.2332

Abstract

Mediation has a confidentiality principle as an advantage that should be able to safeguard the reputation of the disputing parties. Still, mediation arrangements in district courts are influenced by the principle of open trial to the public, causing problems, which are; how is the confidentiality principle-based mediation arrangement in district courts in providing protection for the reputation of the party in the dispute and how efforts to reform mediation arrangements in court to realize the confidentiality principle in settlement of civil cases in district courts which is oriented towards legal protection of the reputation of the litigant by using normative legal research that uses primary, secondary and tertiary legal materials collected by document study and then analyzed using descriptive, comparative, evaluative and argumentative techniques. The conclusion is that the mediation procedure in court is regulated by the Supreme Court Regulation Number 02 of 2003 then replaced by the Supreme Court Regulation Number 01 of 2008. Finally, the Supreme Court Regulation Number 1 of 2016 has regulated the principle of confidentiality but has not fully regulated the principle of confidentiality so that efforts are needed. Regulations on mediation experience law unification and reformation of the civil procedural law. The House of Representatives and the government form a special law to regulate mediation to become the legal basis for laws and regulations that use mediation.
Indonesia Obligation to Repatriate Nationals Who Had Joined the Islamic State of Iraq and Syria Hanif Nur Widhiyanti; Mukhlisa Ilman Nafiah Medianto
Fiat Justisia: Jurnal Ilmu Hukum Vol 16 No 2 (2022)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v16no2.2574

Abstract

According to the Montevideo Convention of 1993, the requirements for founding a state are fulfilled possession of people, a region, government, capability to relate to other states, and recognition of sovereignty from other states, making it still debatable whether ISIS can be considered a state or a belligerent organization. Islamic State of Iraq and Syria claim that they possess people, a region, and a government, but in reality, they cannot make diplomatic relations with other states. The National Counter-Terrorism Agency (BNPT) has declared ISIS a radical and terrorist movement. Based on BNPT and Detachment 88 data, it is suspected that 1,276 Indonesian nationals have joined ISIS, and only approximately 297 Indonesian nationals possess Indonesian passports. A debate arises regarding whether the state of Indonesia becomes responsible for its presence and whether they still possess the status of Indonesian nationals. This article is written as the results of normative juridical research that analyzes how the state is responsible for repatriating Indonesian nationals who have joined ISIS. The research found that the nationals who joined ISIS may be categorized as Foreign Terrorist Fighters. Nonetheless, international law does not regulate the nationality status of an individual when the individual becomes a part of FTF. In principle, each state can determine the regulations that organize the acquisition and deprivation of a person's nationality; in other words, the nationality status of FTF who joined ISIS entirely depends on the national law of each state. Therefore, the government of Indonesia still possesses responsibility for returning (repatriating) WNI who have joined ISIS.
The Legal Politics Harmonization of Sustainable Agricultural Policy Ermanto Fahamsyah; Ruetaitip Chansrakaeo
Fiat Justisia: Jurnal Ilmu Hukum Vol 16 No 2 (2022)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v16no2.2635

Abstract

Sustainable agriculture is one of the future-oriented legal policies. In this case, agriculture is oriented to be preserved, especially for future generations. Problems occur when various laws and regulations governing sustainable agricultural law policies are disharmonies even though they are substantially interrelated. This study aims to initiate legal politics of harmonization of sustainable agricultural policies. This research is normative legal research that focuses on analyzing legal issues. Analysis of legal issues is essential in legal research oriented to prescriptions or legal solutions to the problems being discussed. The approach in this study uses a statutory approach and a conceptual approach. The results of the study confirm that the implications of disharmony of sustainable agricultural law policies in various laws and regulations in Indonesia need to make legal harmonization in planning, formulating, and evaluating legislation. Future improvements to the legal politics of sustainable agriculture in Indonesia can be carried out by harmonization of legal policies related to sustainable agriculture by revising the PP PBP to include sustainable agriculture as one of its regulatory substances.
Audit Board Of Indonesia’s Supervision Duty Reviewed From Islamic Law Perspective For Acceleration Of Sustainable Development Palmawati Taher; Dwi Andayani Bs; Muhammad Rizqi Fadhlillah
Fiat Justisia: Jurnal Ilmu Hukum Vol 16 No 2 (2022)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v16no2.2645

Abstract

State Financial Auditing Board, also known as the BPK, whose job is to look into the management and responsibility of state finances, shared the same principle with Mazhalim Region, an institution in Islamic state administration that looks into cases involving state property. In Islam, laws are typically made to safeguard wealth from those who are overly ambitious or greedy for things that a Muslim would consider to be enough to satisfy their needs. The principle is crystallized in Muslim life: Amar ma'ruf nahi mungkar became the leading guide in achieving a better life. The position of the BPK in the Indonesian and Mazhalim Region in Islamic State administration systems concerning accelerating sustainable development is attracting considerable interest in this paper to see the supervision of the BPK's task from an Islamic perspective. Since the law is conceptualized as a social norm or rule that governs everyone's behavior, it is the primary focus of this study. Thus, compiling positive law, principles, doctrines of law, legal discovery in concreto cases, systematic law, synchronization levels, legal comparisons, and legal history are concerns of normative legal research.
Restorative Justice for Users of Narcotics Through Implementation of Depenalization Muhammad Ihsan; Maroni Maroni; Ruben Achmad
Fiat Justisia: Jurnal Ilmu Hukum Vol 16 No 2 (2022)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v16no2.2649

Abstract

Restorative Justice is a policy that puts a focus on recovery rather than retaliation. The Restorative Justice implementation, considered more effective in terms of Justice and effectiveness, makes the Restorative Justice policy renewal of the criminal law system in Indonesia. The writing of this article uses a descriptive-analytical research method that prioritizes a normative juridical approach, with the formulation of the problem regarding the role of Restorative Justice as an effort to reform criminal law and the implementation of Restorative Justice as an alternative step in law enforcement for narcotics crimes. The result of this article is that the policy regarding Restorative Justice in its application is an update in law, especially criminal law. Conventional Justice Policies which are considered ineffective in their application are now being updated through the Restorative Justice policy; in addition to the context of the application, which is not only applied within the scope of general criminal law, in Narcotics crimes, a criminal settlement mechanism is also applied using Restorative Justice policies as stated in the Circular Letter of the Supreme Court Number 4 of 2010 concerning Placement of Abuse, Victims of Abuse and Narcotics Addicts into Medical and Social Rehabilitation Institutions (SEMA.4/2010). Rehabilitation of a Narcotics defendant can be carried out if it meets the requirements described in the regulation.

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