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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 16 No 3 (2022)" : 6 Documents clear
Hearsay Evidence Admissibility: Due Process and Evidentiary Rules in Muslim Marriage Legalization (Isbat Nikah) Latifatul Fajriyyah; Alfitri Alfitri
Fiat Justisia: Jurnal Ilmu Hukum Vol 16 No 3 (2022)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v16no3.2464

Abstract

The hearsay evidence is still debated as valid witness evidence in Indonesian civil procedural law. Consequently, there is a disparity in judges’ decisions in handling religious civil cases when the evidence is from “hearsay witnesses.” A case in point is the decision on the application for marriage legalization issued by the Samarinda Religious Court, which received hearsay evidence, and the Samarinda Religious High Court, which rejected it. This paper intends to examine the judge’s considerations in accepting or rejecting hearsay evidence in marriage legalization applications to understand whether these considerations have used appropriate legal arguments per the principles of justice and legal certainty. As a normative-doctrinal legal study, this paper uses case law, statutory, and conceptual approaches in its discussion. It shows that the Samarinda Religious Court accepted hearsay evidence because they considered the exceptional circumstances of the marriage event that they wanted to prove. On the other hand, the Samarinda Religious Higher Court rejected the hearsay evidence because a “hearsay witness” could not be used in a contentious case. Even so, the two decisions have not provided clear legal arguments in accepting or rejecting the hearsay evidence. The development of procedural law jurisprudence in Indonesia opens up opportunities for its use in the evidentiary process to create justice and legal certainty for justice seekers.
Immaterial Compensation Not Criminal Losing Lives as an Implementation of Victim Protection Tommy Tommy; Febrian Febrian; Nashriana Nashriana; Ruben Achmad
Fiat Justisia: Jurnal Ilmu Hukum Vol 16 No 3 (2022)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v16no3.2656

Abstract

Immaterial compensation is compensation that cannot be calculated with money, such as pain, loss, and psychic, but the compensation can be replaced with some money. The existence of immaterial compensation aims to protect victims of loss of life from other people such as children and wives, families, and parents. Based on the Criminal Code, hereinafter referred to as the Criminal Code, the regulation of the crime of taking life is regulated in Articles 338 to 340. The most severe threat of punishment is contained in Article 340 of the Criminal Code, namely the death penalty, or can be said to be life imprisonment, or for a while. certain period, with a maximum period of 20 (twenty) years. Therefore, the existence of liability for compensation from the defendant to the victim can reduce the defendant's sentence or can replace the main sentence of the defendant.T he  research  method uses  a  type  of  qualitative  research  sourced  from the various  scientific  literature. 
Sustainable Development Prinsiples: Legal Aspect Disaster Management Policies Sulbadana Sulbadana
Fiat Justisia: Jurnal Ilmu Hukum Vol 16 No 3 (2022)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v16no3.2661

Abstract

The earthquake, tsunami and liquefaction disaster resulted in casualties, environmental damage, property losses and psychological impacts. According to satellite image data obtained from the International Disaster Charter, the structural damage in Palu City due to the earthquake and tsunami reached 2,403 buildings. This caused the paralysis of Palu City from various aspects with a record of around 70,000 people were displaced. Palu city is one of the Central Sulawesi cities with a very high earthquake potential. Sustainable development is one of the most fundamental principles of international law relating to environmental preservation and development. The concept of sustainable development policy was first introduced in 1987 by the World Commission on Environment and Development (WCED) through its report entitled Our Common Future. In Our Common Future, sustainable development is emphasized as a development which can meet the needs of the present without compromising the ability of future generations to meet their needs. Thus, the concept of sustainable development is essentially fair in utilizing natural resources while still paying attention to the resource needs of future generations. After the disaster in Palu City, the Regional Government attempted to make policies to immediately restore the situation, both physical development in the form of facilities and infrastructure as well as non-physical or social restoration. For this reason, this study aims to determine whether government policies after the earthquake, tsunami and liquefaction are following the principles of Sustainable Development. This research is descriptive-analytical, meaning that this research is not only limited to an activity to collect and compile or explain primary, secondary and tertiary legal materials, but also to analyze them concerning legal theories and the practice of implementing positive law which concerns the problem (research object). The approach used in this legal research is an approach to various international legal instruments related to the object of research as well as to take a historical approach to these international legal instruments, to understand changes and developments in the philosophy that underlies the rule of law to facilitate the analysis of the object of research and the case approach, related to legal issues that will be examined in this study.
Implementation of Death Penalty Crime: Dilemma between the Nationality Principle and Human Rights Henry Yoseph Kindangen; H.S Tisnanta; Djoko Priyono
Fiat Justisia: Jurnal Ilmu Hukum Vol 16 No 3 (2022)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v16no3.2669

Abstract

Extradition and prosecution are cornerstones of international law cooperation’s enforcement to prevent immunity from criminal responsibility, especially regarding the refusal to extradite nationals. The principle’s implementation in its development is influenced by the trend from abolitionist countries to refuse the requests for Mutual Legal Assistance in criminal matters (MLA) related to death penalty crimes. Guarantees from requesting the state not to impose death penalty sentences needs to implement nationality jurisdiction if the state refuses to extradite its citizens to another country. Countries that impose death penalty demonstrate that the nationality principle is very successful in investigating crimes committed abroad, whereas countries that have abolished the death penalty consider the nationality principle to be a violation of human rights. This paper focuses its discussion on the usefulness of Article 8 paragraph (5) of the Criminal Code Draft, which regulates the exceptional nature of the death penalty in the nationality principle’s implementation. This paper concludes that the exceptional nature of the death penalty in nationality principles' implementation is regulated in Article 8 paragraph (5) of the Criminal Code Draft. This Article elaborates that a country of hindered crime could prevent MLA requests from Indonesia related to death penalty crimes based on its international obligations and the perspective of human right. This research uses a normative approach and pragmatic-descriptive analysis.
Legal Literacy Strengthening for Indonesian Migrant Workers: Self-Help Ability to Survive the Life Vera Bararah Barid; Sri Wahyu Kridasakti; Purwaningdyah Murti Wahyuni
Fiat Justisia: Jurnal Ilmu Hukum Vol 16 No 3 (2022)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v16no3.2673

Abstract

Indonesian migrant workers are foreign exchange heroes, and their presence can get better welfare for their families and surrounding communities. However, the state's contribution to Indonesian migrant workers is still not maximized. It can be seen in several cases faced by Indonesian migrant workers in destination countries. One of the main factors causing various legal problems faced by migrant workers is the lack of knowledge and skills in the practical field of law related to their work and work environment. This paper will discuss legal literacy as the determinant factor to be mastered by Indonesian migrant workers to survive working in other countries. This socio-legal research uses a qualitative approach; the data used are primary that have been collected for the last three years (2020-2022, and secondary data. Primary data is based on survey results (2020) and FGDs with experts conducted in the previous three years. The secondary data comes from journals, books, reports, and other related articles. This paper concludes that the distance education and learning platform with continuing education (non-degree) service format is the most suitable and efficient design for providing access to education for migrant workers to survive their life in overseas.
Environmental Management Based on Islamic Sharia and Customary Law in Aceh zahratul idami; Israr Hirdayadi; Qudwatin Nisak M Isa; Alfi Rahman
Fiat Justisia: Jurnal Ilmu Hukum Vol 16 No 3 (2022)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v16no3.2680

Abstract

This paper discuss how Islamic and customary laws regulate environmental management in Aceh. A qualitative approach was used by implementing a normative juridical method. First, the data from various literature or references and documents were gathered related to the topic. It was then qualitatively analysed using the concept, constitutional and historical approaches, and Islamic environmental management regulations. According to the study's findings, the Islamic Shari'a and Aceh Customary Law cannot be separated, citing the hadith Maja "Adat ngon hukom lagee zat ngon sifeut." All customary law-based environmental management adheres to Islamic law. In the Prophet's hadith, whoever cut the sidr tree will go to hell. Under the customary law of Aceh, it is prohibited to cut trees tualang, kemuning, ketapang, etc in the forest. Except with Keujreun's permission. According to Aceh Customary Law, anyone who keeps livestock must be careful to keep them restrictions in opening land in a specific location, such as a spring source. All humans have the legal status of muhtaram in Islamic Law, not in an honourable sense. Still, their existence must be protected as living beings as well as lifeless beings, and all must be protected by their existence rights.

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