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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 2 (2023)" : 6 Documents clear
Legal Studies on EU Policies: Why Labour Migration Status as a Binary Nguyen Thuy Anh
Fiat Justisia: Jurnal Ilmu Hukum Vol 17 No 2 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no2.2599

Abstract

In the framework of the post-Covid-19 pandemic, Europe is facing two problems in terms of migrant workers: a shortage of agricultural production workers in some countries and the "coercive acceptance" of undocumented migrant workers. Most EU countries are in a state of economic recovery after the pandemic, so production activities need to be restored at a reasonable cost. However, the aging population in some European countries is forcing governments to hire foreign workers at high costs. To balance the needs in the economic calculation, irregular migrant workers are considered a suitable temporary solution. Besides, reopening diplomatic programs with strategic partner countries is extremely urgent. Therefore, the question of reducing illegal migration without building an iron wall in diplomacy is remarkable. In this context, the author based on the analysis of EU policy for migrant workers and based on the case of Spain and the methodology applied to answer research questions will be based on comparison qualitative research. I focus on analyzing the concept between illegal and irregular migration from the perspective of human rights law and humanitarian factors. In addition, there are aspects of migrant workers in some EU legal documents to protect the rights of migrant workers and their families.
Symphony and Maintenance of Seized Ships: Experimenting U.S Maritime Court’s Practice in Nigeria Abdulrazaq Owolabi Abdulkadir; Saheedat Owolabi Lawal
Fiat Justisia: Jurnal Ilmu Hukum Vol 17 No 2 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no2.2774

Abstract

Maintaining and managing a seized ship is an important aspect of the Maritime Industry globally. In countries like the United States, measures have been put in place to ensure that when ships are seized in lieu of a maritime proceeding, such ships are adequately managed and maintained for that period. In contrast, when a ship is seized in Nigeria, there is little to no guarantee that the vessel will be maintained efficiently by the body responsible for its management. It is therefore essential to investigate the reason for such lack of guarantee and how it can be solved to improve the state of affairs in the country’s maritime sector. This research adopted a doctrinal method of research through analysis of statutory provisions as well as cases to use the power of reasoning to collect data from the use of Law textbooks, articles in journals, and various online resources. This paper aims to is to discuss the instances where states can seize ships, the procedure of arrest in Nigeria, forfeiture of ships and make a comparison to the procedure adopted in the Maritime Sector of the U.S, the challenges faced by the Nigerian Maritime Sector and recommendations on how ships can be better maintained through the establishment of Maritime or Admiralty Court and the posting of a bond by the owner of a seized ship for its release pending the determination of the maritime proceedings in court as practice in the US.
Application of Sharia Principles in Sharia Financial Institutions Fadia Fitriyanti; M. Fabian Akbar; Andi Pramudya Syamsu; Reksa Fikri Nurhaifa
Fiat Justisia: Jurnal Ilmu Hukum Vol 17 No 2 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no2.2849

Abstract

This study analyzes related to Islamic Financial Institutions (LKS). Which currently exists and is growing quite rapidly. There have been numerous variations of LKS throughout Indonesia, including Islamic institutions. LKS is a financial institution that operates following Sharia law. LKS, a financial institution with Sharia principles, was originally present as an option and a solution for Muslims who want to avoid the practice of conventional banks or financial institutions. LKS was originally offered as a sharia-compliant financial organization for Muslims who want to escape the practice of banks or traditional financial institutions that use the interest system, but they can also be a choice for non-Muslims. Therefore, there are problems why the application of Sharia principles by LKS is an urgent problem and what are the conditions for applying Sharia principles by LKS. The research method used is normative legal research with a case approach. The study results indicate that the LKS organizer is expected to have a vision in which the LKS remains in the principles of Sharia.
The Urgency of War Crimes Regulation in Indonesian Criminal Law Desia Rakhma Banjarani; Febrian Febrian; Mada Apriandi Zuhir; Neisa Angrum Adisti
Fiat Justisia: Jurnal Ilmu Hukum Vol 17 No 2 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no2.2859

Abstract

Indonesia has Law Number 26 of 2000 concerning the Human Rights Court or the Law on Human Rights Courts, similar to the Rome Statute. However, this law does not regulate war crimes, while the Rome Statute specifically regulates war crimes. Meanwhile, the perpetrators of war crimes must be tried at any time because those crimes do not know the expiration date. Meanwhile, the perpetrators of war crimes must be tried at any time because those crimes do not know the expiration date. It is the background of this research that the problem will be discussed: How are war crimes provisions in humanitarian law and international criminal law? Why do war crimes need to be regulated in Indonesian criminal law? This type of research is normative juridical research with a statute approach through qualitative descriptive analysis. The results of this study show that the regulation of war crimes is governed by humanitarian law and international criminal law. In humanitarian law, war crimes are regulated in the 1907 Hague Convention, the 1949 Geneva Convention, The Declaration on the Protection of Women and Children in Emergency 1974, and Additional Protocol II Geneva Convention 1977. Meanwhile, international criminal law regulates the responsibility of war crime perpetrators in the IMT Charter 1945, IMTFE Charter 1946, the 1993 ICTY Statute, the 1994 ICTR Statute, and the 1998 Rome Statute. The urgency of regulating war crimes in Indonesian law is due to four aspects: 1) Indonesia has ratified the 1949 Geneva Convention. 2) No regulations in Indonesia regulate war crimes, even in the 2023 Criminal Code. 3) Indonesia is part of the international community. 4) Law enforcement armed conflict cases in Indonesia is unresolved.
Transparency in Plantation Sector: Access of Cultivation Rights Title Document Herry M. Polontoh
Fiat Justisia: Jurnal Ilmu Hukum Vol 17 No 2 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no2.2896

Abstract

The research aimed to analyze the implementation of the principle of transparency by the National Land Agency to access cultivation rights title documents in the plantation sector. It is empirical legal research. It was conducted at the Office of the National Land Agency of Gorontalo district, Gorontalo province, Indonesia. The results show that the principle of transparency of cultivation right title by the National Land Agency had yet to be implemented as instructed by the judge in the Decision of Supreme Court No. 121 K/TUN/2017. It is caused by the consideration of the National Land Agency that the document of right cultivation title is included in an undisclosed document; hence, if it is public, it violates the company's privacy provisions and applicable regulations. The implementation of the principle of transparency by the National Land Agency to access cultivation right title documents in the plantation sector have yet to be effective because it is influenced by the attitude of professionalism of the National Land Agency, which exercises its duties as applicable regulations.
Reinstatement of National Guidelines of State Policy Within Indonesian Presidential System: The Possibility Muhtadi Muhtadi; Zulkarnain Ridlwan
Fiat Justisia: Jurnal Ilmu Hukum Vol 17 No 2 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no2.2909

Abstract

Placing the National Guidelines of State Policy (GBHN or PPHN) made by the People's Consultative Assembly (MPR) as a guideline for the President can potentially reposition MPR above the President. Such an idea of a state has been implemented in Indonesia for no less than 54 years (1945-1999). This paper aims to analyze the basic characteristics of the presidential system and assess the compatibility of PPHN with the presidential system, with the novelty which then offers a model for pouring PPHN into laws and regulations that align with Indonesia's presidential system. Based on the conceptual and theoretical approaches, it can be concluded: First, the basic character of a presidential system is to separate the legislature from the executive, so no accountability mechanism puts the President down as subordinate to the legislature. PPHN implementation can shift this separation towards an accountability model, a feature of a parliamentary system. Second, PPHN can be re-enforced in a presidential system, with the prerequisite that no accountability mechanism puts the President under MPR. Third, pouring PPHN into the form of a Law replacing the RPJPN Law will be more relevant to avoid a government system shifting. However, providing a checks and balances mechanism for the President through the House of Representatives' budgetary rights is still necessary.

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