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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 17 No 1 (2023)" : 6 Documents clear
Conceptualizing Legal Harmonization Approach In Malaysia Mohamad Ismail Bin Mohamad Yunus
Fiat Justisia: Jurnal Ilmu Hukum Vol 17 No 1 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no1.2508

Abstract

Legal harmonization is a fundamental notion of comparative law that has been on the international and national agendas for the last decade. Harmonization, which derives from the word “harmony,”  has a variety of meanings, one of which, in the perspective of the discussion of this topic, is the readiness and the openness to recognize, acknowledge, adopt, or accept anything produced, practiced by or originating from man-made laws, modern secular traditions, customs and usages, cultures, societies, systems or institutions which is considered to be in “harmony” with or not opposed to the worldview, principles, values, teachings, and norms of Islam. Thus, the conceptualizing approach of harmonization of legal knowledge and education is a process of actualizing the divine imperatives in the legal arena. In Malaysia, several endeavors have sought the similarity between legal rules from different jurisdictions; however, their achievements remain contested since there is no comprehensive understanding of the nature and extent of harmonization. Thus, this article examines different facets of harmonization by considering it a legal phenomenon instead of a distinct process of drafting similar rules. Adopting a comprehensive understanding of harmonization as a legal phenomenon may help better assess the strengths of the implementation processes and formulate adequate new legal endeavors.
Redesigning: Handling Of Indonesian Election Violations Abroad To Realizing Quality 2024 Elections Andi Intan Purnamasari; Sulbadana Sulbadana; Supriyadi Supriyadi; Aminuddin Kasim
Fiat Justisia: Jurnal Ilmu Hukum Vol 17 No 1 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no1.2637

Abstract

Handling election violations abroad is one of the determinants of the quality of elections in Indonesia. With the rise of cases that occurred abroad during the 2019 general election, it is hoped that this will be a lesson to make an ideal design for handling election violations abroad in 2024. This research is executed differently from existing or previous research, for Example “The novelty of this research will make a significant contribution to determining the means, size, and function of the parliamentary threshold in the legislative election.” The conclusions of the research show that first, the urgency of handling election violations abroad to create order and peace, protect constitutional rights and uphold justice. Second, to realize the ideal design for handling election violations abroad in 2024, it is carried out increasing the number of members of the Overseas General Elections Supervisory committee from 3 to 5 people, making changes to Article 112 letter c, Article 507 of the Election Law, Article 13 paragraph (4) of the Regulation of General Elections Supervisory Agency Number 7 of 2018 and Article 60 paragraph (1) of the Regulation of General Elections Supervisory Agency Number 8 of 2018, and changing the paradigm of law enforcement from compliance level to internalization of legal Compliance in the 2024 elections.
Indian Legal Framework on the Right to Privacy in Cyberspace-Issues and Challenges Manjula Raghav; Sanjana Sharma Marwaha
Fiat Justisia: Jurnal Ilmu Hukum Vol 17 No 1 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no1.2667

Abstract

Right to privacy is nowhere cited in the Constitution of India in any specific and express words. However, this right is culled from Article 21 read with Directive Principle of State Policy by the judiciary. It is to be noted that like other fundamental rights, right to privacy is not an absolute right. Privacy is not just confined to some specific place or domain.  But recent developments in technology and internet usage has rapidly exposed privacy to potential threats. On the one hand, technology has provided endless possibility to human beings of development but on the other hand, it has posed numerous challenges in front of us.  Unreasonable interference upon person’s domain, disclosure of personal information, misappropriation of some one’s identity, hacking, digital stalking etc. will lead to violation of privacy. The present paper discusses the relationship between privacy and the increasing usage of technology. In this regard, protection provided by Indian laws as well as international instruments will be discussed to protect privacy right in digital world. After discussing issues and challenges, viable solutions will be discussed at the end of the article.
The Role of the ILO in Resolving Violence Against Indonesian Crew on Fishing Vessels Yordan Gunawan; Andi Pramudya Syamsu
Fiat Justisia: Jurnal Ilmu Hukum Vol 17 No 1 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no1.2724

Abstract

In response to reports that seafarers on fishing boats in different parts of the world were being forced to work, the International Labor Organization (ILO) created and adopted ILO Convention No. 188 of 2007. It sets rules for dangerous work in the large fishing industry. It also covers the protection of crew on fishing vessels from exploitation and injury while doing work. Protection of crew on fishing vessels is essential due to acts of violence against Indonesian workers on fishing vessels owned by China and Taiwan that resulted in many Indonesian workers losing their lives. The purpose of the research is to find out the role of the ILO and the Government of Indonesia as the country of origin of crew fishing vessels in solving the problem of violence against crew fishing vessels. The study uses qualitative research methods by collecting information from relevant sources such as conventions, journals, legal texts, and other works related to the main research topic. While Indonesia has a law on the protection of migrant workers and has adopted the ILO Convention 111 concerning Discrimination in Respect of Employment and Occupation, neither are sufficient to address the issue. Thus, the role of the ILO is urgently needed to work hand-in-hand with all countries in the world to deal with this problem globally and encourage member states to ratify ILO Convention 188 especially Indonesia, since Indonesia is the biggest archipelagic country where most of the people are fishermen and crew on fishing vessels belonging to other countries.
Legal Discourse on Customary Forest Determination Progressive Law Based Candra Perbawati; Malicia Evendia; Ade Arif Firmansyah; Yulia Neta
Fiat Justisia: Jurnal Ilmu Hukum Vol 17 No 1 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no1.2815

Abstract

Customary forests are an integral part of the life of indigenous and tribal peoples. MK Decision No. 35/PUU-X/2012 is a progressive step stipulating that customary forests are no longer part of State forests. However, after the decision, there is still a long process that the Indigenous Peoples must pass to obtain their rights. This article aims to describe the legal discourse in determining the customary forest. Using doctrinal research methods as well as statutory and conceptual approaches, it was found that: The designation of customary forests is an important matter in the context of implementing the constitutional rights of customary law communities that existed even before Indonesia was established as a sovereign country. The long and procedural process of establishing customary forests requires the support of the regional government through various progressive policies to create indigenous peoples who are sovereign over their customary forests. With the legal credo for humans, progressive law offers an approach that can become the basis for the realization of legal policies for establishing customary forests in the regions.
Disharmony of Sirri Marriage Registration Regulation on the Family Card (Analyzing The Ministry of Interior Affairs’ Regulation No. 9/2016) Lathifah Munawaroh; Ahmad Munif; Ahmad Rofiq
Fiat Justisia: Jurnal Ilmu Hukum Vol 17 No 1 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no1.2851

Abstract

The Regulation of the Minister of Interior Affairs of the Republic of Indonesia No. 9 of 2016 concerning the Acceleration of Coverage of Birth Certificate Ownership, in article 4 numbers 2 and 3, allows birth certificate applicants who cannot meet the requirements in the form of a marriage certificate, to get a solution still recorded in the family card by attaching the statement of absolute responsibility, called SPTJM, truth as husband and wife with the editorial status written in the family card "unregistered marriage." A breakthrough that invites controversial experts. On the one hand, contrary to Marriage Law No. 1 of 1974, on the other hand, the government wants to guarantee the right of every citizen to be registered so that administration is orderly. Through a qualitative method with a normative juridical approach, this study shows that the registration of marriages on the marriage certificate and family card aligns with the concept of maqāṣid sharī'ah. This recording also aligns with the principles of sadd al-ḍarī'ah, qiyās, and maslahah mursalah. Meanwhile, the apparent disharmony between marriage registration regulations and population administration records is also in line with the provisions of Islamic law. However, the Population Administration Registration Regulations make registering Sirri marriages a database to be followed up with mass marriage isbāt. The last door to register and legalize the marriage contract.

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