FIAT JUSTISIA: Jurnal Ilmu Hukum
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
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PERSPEKTIF LAW AS AN ALLOCATIVE SYSTEM UNDANG-UNDANG OTORITAS JASA KEUANGAN
agus darmawan
Fiat Justisia: Jurnal Ilmu Hukum Vol 8 No 3 (2014)
Publisher : Universitas Lampung
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DOI: 10.25041/fiatjustisia.v8no3.304
Based on Friedman's point of view, search for secondary data in this research aims to provide an academic evaluation (assessment), the law as an allocative system against Law on Financial Services Authority. By using a normative approach, it can be concluded that the Law on Financial Services Authority academically has fulfilled the legal criteria for allocative system as intended by Friedman. Establishment of the Financial Services Authority (FSA) is intended as an independent agency that oversees the financial services sector of Indonesia, to strengthen accountability, transparency, and credibility of Bank Indonesia without diminishing the independence of state institutions, and policy making by the central bank will not be affected by the FSA, since the FSA served to increase oversight of financial institutions for the better. Keywords: law, allocative system and financial services authority.
PROBLEMATIKA PEREKRUTAN ANAK DALAM KONFLIK BERSENJATA DAN PERMASALAHANNYA DI INDONESIA
muh risnain
Fiat Justisia: Jurnal Ilmu Hukum Vol 8 No 3 (2014)
Publisher : Universitas Lampung
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DOI: 10.25041/fiatjustisia.v8no3.309
The issue of children recruitment in armed conflict will come into contact with the regime of International Law; International Humanitarian Law, International Human Rights Law, International Criminal Law and International Labor Law. The settings in the various legal regimes still leave problems related to the first, there is no uniformity about the minimum age of children who can be recruited as a child, whether 15 or 18 years old? second, legal obligations for the state does not have the same legal force between the obligations that just becomes commemoration to the state or the compulsory obligation. Keywords: Children Recruitment, Armed Conflict.
HUBUNGAN NEGARA DAN AGAMA DALAM NEGARA PANCASILA
budiyono budiyono
Fiat Justisia: Jurnal Ilmu Hukum Vol 8 No 3 (2014)
Publisher : Universitas Lampung
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DOI: 10.25041/fiatjustisia.v8no3.305
Relations among the state and religion in the state of Pancasila, wherein the first principle of Pancasila is Belief in the one and only God asserted that Indonesia is not a country which is based on a religion and not a state that separates religion and state. But countries that believe in the existence of God, wherein the state puts the religion and belief as spirit of integrity of the Unitary Republic of Indonesia. Relations among the state and religion are interdependent relations, where in religion gives spirituality in the nation and state, while the state guarantees religious life. Keywords: State, Religion, Interdependent.
PRINSIP EFISIENSI DALAM PERADILAN TINDAK PIDANA PERIKANAN
sayidin abdullah
Fiat Justisia: Jurnal Ilmu Hukum Vol 8 No 3 (2014)
Publisher : Universitas Lampung
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DOI: 10.25041/fiatjustisia.v8no3.310
This article seeks to examine the principle of efficiency in the execution of fisheries court. Based on the normative approach by using secondary data; can be concluded that the Fisheries Court is the Special Court in the scope of General Court that has an authority to examine, hear and decide criminal offenses of fisheries. Law on Fisheries is one of the cornerstones of a fundamental change in the law enforcement process of fisheries, through Fisheries Court by applying the principle of efficiency. Selection of efficiency principle is based on the simplicity to be understood, because it does not require the technical formulation of economics or figures. The focus of attention is regard to the possibility of emergence an inefficiency of the establishment, implementation and enforcement of legislation, namely the offenses fisheries, which includes investigation, prosecution, and examination against the criminal activities of fisheries in foreign fishing vessels which is doing an illegal fishing in the exclusive economic zone of Indonesia can be resolved by litigation that fulfill the principles of efficiency that is fast, accurate, and inexpensive. Keywords: Efficiency, Fisheries Court and Economic Law
TINJAUAN YURIDIS TERHADAP KEDUDUKAN BADAN PELAKSANA KEGIATAN USAHA HULU MINYAK DAN GAS BUMI PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 36/PUU-X/2012
daris a raft ginting;
gusliana H.B.;
dodi haryono
Fiat Justisia: Jurnal Ilmu Hukum Vol 8 No 3 (2014)
Publisher : Universitas Lampung
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DOI: 10.25041/fiatjustisia.v8no3.306
Relations between the Implementing Agencies of Oil and Gas with Business Entities or Permanent Establishment has put the State and Business Entities or Permanent Establishments that manage oil and gas are in the same position. As a result, the State lost the discretion to make regulations for the benefit of the People. While the Government in carrying out the functions of state control over oil and natural gas resources should has the discretion to make regulation that is profitable for the prosperity of the entire community. Those conditions are so far from optimality. Indonesian oil and gas industry is still heavily dependent on foreign domination. Do Indonesian people ask for judicial review of Oil and Gas Law to the Constitutional Court. While the result of Constitutional Court is the Implementing Agencies of Oil and Gas disbanded. As a replacement, the Government through Presidential Decree No. 9 of 2013 on Maintenance of Management for Upstream Oil and Gas takes over all the functions and duties of the Implementing Agencies of Oil and Gas. Keywords: Oil and Gas, Implementing Agencies of Oil and Gas, functions of state control
PEMBIAYAAN MURABAHAH DALAM PERSPEKTIF FIQH ISLAM, HUKUM POSITIF DAN HUKUM SYARIAH
tri setiady
Fiat Justisia: Jurnal Ilmu Hukum Vol 8 No 3 (2014)
Publisher : Universitas Lampung
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DOI: 10.25041/fiatjustisia.v8no3.311
Murabaha financing. Murabaha is an agreement of sale and purchase between the two parties, in which the buyer and seller agree on the sale price; which consists of purchase price plus purchase costs and profits for sellers. Another understanding of Murabaha is an agreement of sale and purchase by declaring the acquisition cost and the benefits agreed upon by the seller and buyer. Murabaha can be made in cash, or also pay in installments. Another understanding of Murabaha is a sale and purchase transactions, which is the bank received a number of advantages. In this case, the bank become a seller and customers into buyers. Keywords: Murabaha Financing, Positive Law and Sharia Law
POLITIK HUKUM PENANGGULANGAN TINDAK PIDANA TERHADAP PEDAGANG KAKI LIMA
fitri setiyani dwiarti
Fiat Justisia: Jurnal Ilmu Hukum Vol 8 No 3 (2014)
Publisher : Universitas Lampung
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DOI: 10.25041/fiatjustisia.v8no3.307
abstractThis research aimed to describe the choice of law carried out by Local Government of Bandar Lampung in tackling illegal activities of street vendors in the Bambu Kuning Market. By using normative approach and utilizing secondary data, it could be concluded that use of a means of penal or (law) criminal in a policy is a way to streamline the implementation of the regulation. In addition, it can be concluded that the existence of criminal in a regulation will only be effective if: 1) the criminal is seriously preventing, 2) criminal it does not cause an even more dangerous or harmful than would occur if the criminal is not charged, and 3) no other criminal that can effectively prevent the harm or loss smaller. The provision of criminal sanctions in a regulation serves to prevent the occurrence of crime, and in addition, if a crime has occurred, then the function of criminal provisions is to give deterrent effect to the perpetrators. Keywords: Legal Politics, Criminal Law and Street Vendors.
DINAMIKA HUKUM PEMERINTAHAN DESA
yusnani hasjimzoem
Fiat Justisia: Jurnal Ilmu Hukum Vol 8 No 3 (2014)
Publisher : Universitas Lampung
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DOI: 10.25041/fiatjustisia.v8no3.312
The existence of the village government in Indonesia has been experiencing the dynamics depend on the legal politics of government prevailing at that time. The village as a unit of community has a characteristic that has always been a discussion in every era of reign by the various policies that have been issued. Hence this research only focused on the dynamics of changes in the law on the village and and the things that affect these changes are the implications of the policy change. Keywords: Village Government, Changes in the Law on The Village
KEDUDUKAN DAN PARTISIPASI LEMBAGA ADAT DALAM PEMBENTUKAN PERATURAN PEKON DI PEKON WAY EMPULAU ULU KEC. BALIK BUKIT, KAB. LAMPUNG BARAT
indah maulidiyah msk;
yusdiyanto yusdiyanto;
ahmad saleh
Fiat Justisia: Jurnal Ilmu Hukum Vol 8 No 3 (2014)
Publisher : Universitas Lampung
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DOI: 10.25041/fiatjustisia.v8no3.308
This research aims to ascertain the position of Customary Institution in forming the Village Regulation, and also its role in the Way Empulau Ulu, Subdistrict - Balik Bukit, West Lampung. This research uses the method of normative-empirical; by doing library research, field research, and interviews. Results of the discussion showed that the Customary Institution of Way Empulau Ulu has the same position with the Institution of Rural Association. Although the Customary Institution has a position that is outside of organizational structure within the Village government, but the role of Customary Institution in forming the Village Regulation is just the structural and position of Customary Institution functionally is still less than optimal in the communication and interaction between the village government and the villagers. Keywords: Position of Customary Institution, Participation of Customary Institution
URGENSI BADAN USAHA MILIK DESA (BUMDES) DALAM PEMBANGUN PEREKONOMIAN DESA
zulkarnain ridlwan
Fiat Justisia: Jurnal Ilmu Hukum Vol 8 No 3 (2014)
Publisher : Universitas Lampung
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DOI: 10.25041/fiatjustisia.v8no3.314
The purpose of this paper is to describe the importance of village-owned enterprises and the management in the interests of rural communities. Referring to the legislation governing the rural , particularly Law No. 6 of 2014, it can be concluded that the village-owned enterprises is a village economic institution that has an important role in the welfare of the community, the village, and the village government. A professional governance that refers to the guidelines in the formation of village-owned enterprises based on legislation is a prerequisite of village-owned enterprises goes properly. Thus the economic activities of village-owned enterprises should ideally be part of efforts to increase local and regional economies within the scope of the national economy. Keywords: Urgency of Village-Owned Enterprises, Formation and Management.