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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 10 Documents
 1 
Search results for , issue "Vol 8 No 4 (2014)" : 10 Documents clear
PERAN NEGARA HUKUM INDONESIA MELINDUNGI RAKYATNYA DALAM MENYAMBUT MASYARAKAT EKONOMI ASEAN (MEA) 2015 Yuswanto Yuswanto
Fiat Justisia: Jurnal Ilmu Hukum Vol 8 No 4 (2014)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v8no4.280

Abstract

Indonesia is a sovereign country. Sovereign does not only mean "denotation"; which is the state has the power of government that is not subject to other state power. Implementation of the state intended to realize the people's welfare. If it is associated to the competition with other countries, then, we will know more about the role of the state in protecting its citizens in order to avoid "homo homini lupus" as what Hobbes said. So, this is the challenge of the welfare state, wherein it should not fail. The existence of state failure cases in providing protection for its citizens, especially in free trade has become a scourge for the people. Those people who are not able to compete in free trade, in the end, they will only be a spectator and do not have any role in AEC 2015. State efforts to protect people among others: increasing competitiveness and export volume, then, prioritizing the use of the goods / services in the country. In the regulation, it needs to set rules on the security measures of domestic products and supervision over circulation of goods and services, and by applying the Early Warning System to the possibility of a surge in imports. Keywords: Sovereign, Welfare State, Competitiveness, ASEAN Economic Community 2015
ANALISIS HUKUM DAMPAK BELUM DIRATIFIKASI KERANGKA KERJA KONVENSI PENGENDALIAN TEMBAKAU (FRAMEWORK CONVENTION ON TOBACCO CONTROL) BAGI INDONESIA aditia bagus santoso; widia edorita; ledy diana
Fiat Justisia: Jurnal Ilmu Hukum Vol 8 No 4 (2014)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v8no4.315

Abstract

Framework Convention on Tobacco Control (FCTC) is an international treaty for tobacco control efforts for world health under the WHO. Indonesia has not ratified the treaty as far as the impact that would be acceptable for Indonesia, while many countries in the world have ratified and observed what steps should be taken in the case of the strategic Indonesia. Keywords: Impact, Ratification, Framework Convention On Tobacco Control
POLITIK HUKUM PENANAMAN MODAL ASING SETELAH BERLAKUNYA UNDANG-UNDANG PENANAMAN MODAL 2007 DAN IMPLIKASINYA TERHADAP PENGUSAHA KECIL sayidin abdullah
Fiat Justisia: Jurnal Ilmu Hukum Vol 8 No 4 (2014)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v8no4.320

Abstract

abstractThis research aims to describe the choice of law of foreign investment after the entry into force of the Law on Investment and Its Implications for Small Entrepreneurs. By using a normative approach and secondary data, it can be concluded that the regulation and law on the matter of foreign investment in the Investment Law of 2007 do not distinguish between domestic investors and foreign investors. Equal treatment between domestic investors and foreign investors; providing facilities for foreign investors, among others: exemptions or tax relief, repatriation of capital, facilities of permit, and the submission of disputes to international arbitration body. However, the liberalization principles of international trade and foreign investment are contrary to the principles of economic democracy on Article 33 of 1945 Constitution, which requires the fulfillment of the fundamental rights of every individual without exception, while the terms of trade liberalization contained in the WTO are based on the idea of capitalism that restrict the basic rights and only those who are able to compete can enjoy the benefits of international trade provisions of the WTO. It means that Investment Law economically and legally does not provide adequate protection for small entrepreneurs. Keywords: Legal Politics, Investment and Implications.
INTERVENSI KEMANUSIAAN (HUMANITARIAN INTERVENTION) MENURUT HUKUM INTERNASIONAL DAN IMPLEMENTASINYA DALAM KONFLIK BERSENJATA emi eliza; heryandi heryandi; ahmad syofyan
Fiat Justisia: Jurnal Ilmu Hukum Vol 8 No 4 (2014)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v8no4.316

Abstract

Humanitarian intervention is an attempt to prevent or stop the gross human rights violations with particular strengths (diplomatic and military) in a State, either with or without the consent of the State (countries with internal conflict). The problems in this journal are: first, how the arrangement of international law on humanitarian intervention. Secondly, the role of the UN in humanitarian intervention in armed conflicts. The method used is a normative legal research methods with the main source of data collection procedures is a legal substance that contains of normative law. The results showed that the rules of international law on humanitarian intervention by the United Nations stipulated in the UN Charter and general principles of international law. Humanitarian intervention legally justified by following provisions in applicable international law, namely Articles 39-51 of UN Charter. While the role of the UN in humanitarian intervention in armed conflicts carried out by the Security Council as the organ of the United Nations in maintaining peace with the decision issued in the form of a resolution for areas experiencing conflict. Therefore, it takes an international treaty that regulates clearly about humanitarian intervention, so that in practice, remain consistent with the objectives and executive organs of humanitarian intervention. Keywords: Humanitarian Intervention, Security Council of UN, Armed Conflict.
PROBLEMATIKA PENERAPAN PRINSIP SUSTAINABLE DEVELOPMENT DALAM PENGELOLAAN LINGKUNGAN HIDUP DAN IMPLIKASINYA TERHADAP PEMENUHAN HAM suardi suardi
Fiat Justisia: Jurnal Ilmu Hukum Vol 8 No 4 (2014)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v8no4.321

Abstract

The principle of sustainable development in environmental management is a principle that was born out of responses to the serious environmental damages and give bad effects for human survival, the more damaged of the environment, the higher the threat to humanity itself. Therefore, development is a process of fulfilling human needs that supported on the carrying capacity of the optimal environment. Thus, the higher carrying capacity of environment makes the better stability for human life, conversely the higher human needs in life should be supported by the data support of good environment, so that it can function as a life supporting system. In the implementation, the principle of sustainable development has experienced the complex problems in implementing the balance of human life needs and also the environment, as a result, the environmental damage becomes severe and seemed not able to overcome, people assume that natural resources is the material that should be exploited for fulfilling the human needs. Therefore, environmental management geared to optimize natural resources as a supplier of material needs. By paying attention to that concept, then, environment is seen as a mere object, in turn, the environment can not be saved. Where as the concept of sustainable development requires a balance between human needs and environmental capacity. Hence, the future generations also have the right to enjoy a good and healthy environment as part of their human rights in the future. If the present generation does not pay attention those things, then, the present generation can be said violating the human rights of future generations. Keywords: Problematic of Applying the Principle of Sustainable Development, Human Rights.
TINJAUAN PERTANGGUNGJAWABAN PELAKU TINDAK PIDANA PORNOGRAFI MENURUT UNDANG-UNDANG NOMOR 44 TAHUN 2008 TENTANG PORNOGRAFI erinda sinaga; mukhlis R; erdiansyah erdiansyah
Fiat Justisia: Jurnal Ilmu Hukum Vol 8 No 4 (2014)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v8no4.317

Abstract

Pornography has damaged morale of Indonesian people, especially the youth. Pornography happens must have a lot of special attention, especially the enforcement of law and community to cooperate in fighting the pornography. Pornography has been enacted in the Law Number 44 of 2008 on pornography, but has not been able to give the benefit of addressing pornography crimes, because the Law still has a weakness in the system of criminal responsibility and overlap with the ideas such as producing, reproducing for copying, distributing and reselling. There's also a weakness in determining the criminal related to Article 8, 9, and 11 of Pornography Laws, the lack of definition of the word "download" with regard to article 5, that no one is allowed to lend or download pornography as referred to in Article 4 verse (1). Of these weaknesses affect criminal responsibility in the acts of pornography. Keywords: Obligation, Crime, Pornograhphy. 
HARMONISASI PRINSIP-PRINSIP TRIPS AGREEMENT DALAM HAK KEKAYAAN INTELEKTUAL DENGAN KEPENTINGAN NASIONAL tri setiady
Fiat Justisia: Jurnal Ilmu Hukum Vol 8 No 4 (2014)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v8no4.322

Abstract

The research aims to find a legal politics of harmonization the Intellectual Property Rights (IPR) of Indonesia with WTO/TRIPs agreement. Based on the juridical approach of secondary data, it was concluded that there is a harmonization between legal arrangements of IPR with the WTO/TRIPs agreement. The reason given by the government is because Indonesia has ratified the WTO/TRIPs agreement, and it is 'full complience' and 'non-reservation', and due to the insistence of developed countries of IPR owners against Indonesia and the needs of national IPRs. There is no courage to create legal politics of our own IPR, which is derived from the philosophy of Pancasila, 1945 Constitution and national interests. Fear of the threat of developed countries must be resisted and overcome by intelligence. Keywords: Trips Agreement, Intellectual Property Rights , National Interest 
PERLINDUNGAN HUKUM BAGI PEKERJA RUMAH TANGGA DI BANDAR LAMPUNG muhtadi muhtadi
Fiat Justisia: Jurnal Ilmu Hukum Vol 8 No 4 (2014)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v8no4.318

Abstract

abstractThis research which is a grant of DIPA UNILA 2013 aims to describe the rights of domestic workers as well as models of legal protection for them in Bandar Lampung. By using a normative approach based on secondary data, it can be concluded that first, the rights of household workers are the same as in other sectors, the difference lies only in its job type, and secondly, a model of protection of household workers is done by means of preventive and repressive. Protection model preventively done by providing the local regulations that give legal certainty to the position of household workers, including the obligations of the agreement between workers and employers, while repressive carried out by means of law enforcement, both the penal or civil code. The penal code is carried out as a responsibility of the State to prosecute and/or punish the employer and / or the person in the house that his actions resulted in physical injury and/or psychological. While civil law is an effort to provide workers' rights which are not fulfilled in accordance with the employment agreement. It is recommended that in order to ensure legal certainty of the fulfillment of the rights of household workers in Bandar Lampung; it required legal norms that specifically governs the relationship of household workers and their employers in the form of local regulations. Keywords: Legal Protection, Right and Household Workers.
POLITIK HUKUM PEMBENTUKAN UNDANG-UNDANGLARANGAN PRAKTEK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT wafiya wafiya
Fiat Justisia: Jurnal Ilmu Hukum Vol 8 No 4 (2014)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v8no4.323

Abstract

This research aims to outline the policy choice of law in forming the Law on prohibition of monopoly and business competition. Based on the normative approach and by using secondary data, it can be concluded that prior to Act Number 5 of 1999 established, practices of monopoly and business competition are not regulated within the law, after the birth of that Law, business activity is prohibited if it proves detrimental to other businesses, consumers, society and the State. Businessperson that practicing monopoly and unfair business competition among another businessperson obviously threatened by administrative and criminal sanctions. Choice of law is made to anticipate the free market in the era of economic globalization in order to realize the prosperity and welfare of the people as mandated by the 1945 Constitution. Law enforcement of business competition in Indonesia submitted to the supervisor commission of business competition (KPPU), in addition to the involvement of police officers, prosecutors, and courts. Enforcement of competition law violations must be made in advance by the Commission. Keywords: Legal Politic, Prohibition of Monopoly and Unfair Business Competition.
EVALUASI PEMILU SERENTAK TAHUN 2014 DI PROVINSI LAMPUNG rudy rudy; martha riananda; utia meylina
Fiat Justisia: Jurnal Ilmu Hukum Vol 8 No 4 (2014)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v8no4.319

Abstract

This research aims to find a model of electoral implementation simultaneously in Indonesia, through the elections of regional heads of Lampung province as a form of legislative elections, and the election of regional heads were held simultaneously on April 9, 2014. This research uses case approach and statute approach. The research found that there were drawbacks on the election of regional heads in Lampung province, one of them was the postponement of the election. Keywords: Election Evaluation of 2014, and Lampung Province

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