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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 8 Documents
 1 
Search results for , issue "Vol 9 No 3 (2015)" : 8 Documents clear
ARBITRASE ISLAM DALAM PERSPEKTIF ISLAM DAN HUKUM POSITIF Tri Setiady
Fiat Justisia: Jurnal Ilmu Hukum Vol 9 No 3 (2015)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v9no3.604

Abstract

The business world today has grown indefinitely so as to break through the dimensions of human life and behavior of the economy into banking minded and change the values and aspects of the business itself, either legally or sociologically. Business development with the pattern and any system can not be separated from the financial institution whose name the bank. Banking deregulation undertaken by the government has been precise to support the economy in order to develop better. With the enactment of Law Number 10 of 1998 concerning amendments to the Law Number 7 of 1992 on Banking, is an opportunity and provide an opportunity for Muslims to establish a bank based on Islamic Shari'a, as support to the business world and the economy of the people. With the presence of banks based on Islamic Shari'a is expected to accelerate the economic revival in the race entering the era of globalization.Keywords: Arbitration Islam, the Islamic Perspective, Positive Law 
HARMONISASI UNDANG-UNDANG DASAR 1945 DENGAN KETENTUAN INTERNASIONAL TENTANG MASYARAKAT EKONOMI ASEAN 2015 (Asean Economic Community/AEC 2015) Desy Churul Aini
Fiat Justisia: Jurnal Ilmu Hukum Vol 9 No 3 (2015)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v9no3.606

Abstract

One form of regional cooperation is followed by Indonesia with his participation as a member of ASEAN (Association of South East Asian Nations) which was established on the basis of the Bangkok Declaration, on 8 August 1967. By the 21st century, ASEAN agreed to develop an integrated regional by forming a community of nations in Southeast Asia open, peaceful, stable and prosperous, mutual care, tied together in a dynamic partnership in 2020. Expectations are outlined in the ASEAN vision 2020 in Kuala Lumpur in 1997. To realize these expectations ratify ASEAN Bali Concord II at the 9th ASEAN Summit in Bali in 2003 which approved the establishment of an ASEAN Community (ASEAN Community) and the target is accelerated into 2015. The result shows there is disharmony between 1945 to the international provisions of the AEC 2015 in which the rules on economic issues and social welfare in 1945 are listed in Chapter XIV National Economy and social welfare, Article 33 (1), (2), (3) and (4), while based on the AEC 2015 blueprint contains four pillar framework or MEA. Disharmony both conditions contained in 4 (four) things into focus, namely the harmonization of aspects of the legal principle, an agreement on the authority, goal setting and alignment settings on the environment and surrounding communities.Keywords: Disharmony, the Constitution 1945, Asean Economic Community
MEMBANGUN POLITIK KRIMINAL PADA PERTAMBANGAN BATUBARA YANG MENYEJAHTERAKAN MASYARAKAT MELALUI SARANA NON-PENAL Arif Firmansyah; Euis D. Suhardiman
Fiat Justisia: Jurnal Ilmu Hukum Vol 9 No 3 (2015)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v9no3.601

Abstract

In Article 33 paragraph (3) of the Constitution of 1945, states earth water and natural resources contained therein controlled by the state and used for the welfare of the people. The realization of such mastery by delegating the authority to manage the natural resources of the state to the company is to provide state Mining Permit or Special Mining Permit. In protecting and overseeing the company that is engaged in coal mining government passed Law Number 4 of 2009 on Mineral and Coal Mining. In Article 162 of Law Number 4 of 2009 states that every person who impede or interfere mining activities from business license holders of mining and business permit of the mining specifically penalized by fines or imprisonment. The article shows a process of criminalization an action (criminal policy), which aim to protect the companies that already have a Mining Permit, but the criminal policy is contrary to the purpose of the criminal policy is an effort for the welfare of society and policies the protection of society, the existence of Article 162 of Law Minerals coal and coal mining communities can impede convicted. In the case of the counteraction form caused they want to protect the environment or their ancestral lands from exploration activities. So it is activity is not uncommon form of criminal policy by means of criminal law that gives rise to new conflicts. Therefore the criminal policy should be shifted from penal facilities to non-penal policy more accommodating community participation, so that the purpose of the criminal policy, namely the welfare of society and protect the community can be realized.Keywords: Political Criminal, Mining, Non-Penal
IMPLIKASI PERUMUSAN DELIK KORUPSI DI DALAM KEBIJAKAN PEMBAHARUAN KITAB UNDANG-UNDANG HUKUM PIDANA Syaputra Syaputra
Fiat Justisia: Jurnal Ilmu Hukum Vol 9 No 3 (2015)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v9no3.605

Abstract

The Criminal Code as a legacy of Dutch colonialism could no longer follow the dynamism of community life. It is too rigid has obliterated the sense of justice which is the goal of the creation of the law itself. This is because the articles of the Criminal Code deemed unsuitable to the development of crime and offenses increasingly complex. In the draft Code of Criminal Law, as one of the reform effort is the formulation of offenses of corruption set out in Chapter XXXII starting from Article 688 to Article 702. With the formulation of the offense of corruption and offenses positions formulated in the draft Criminal Code will disregard the Law Combating Corruption although this law of particular importance because of the substance of the articles draft Criminal Code wants to make corruption has become common crimes and do not pass through handling extraordinary. Law on Corruption Eradication cannot apply even if there is the principle of lex specialis derogat lex generalis, because of the retroactive principle that applies in the draft Criminal Code so that the decision to force the law can still be applied retroactively when the rule of law that new does not regulate the offense of criminal, so punishment can be eliminated.Keywords: Offense Corruption , Corruption , Reform of draft Criminal Code
EKSISTENSI LEMBAGA NEGARA DALAM PENEGAKAN HAK ASASI MANUSIA DI INDONESIA Muhammad Amin Putra
Fiat Justisia: Jurnal Ilmu Hukum Vol 9 No 3 (2015)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v9no3.600

Abstract

In the framework of the protection and enforcement of Human Rights by state institutions among implemented by: National Commission on Human Rights, Indonesian Child Protection Commission, National Commission for Women, the Truth and Reconciliation Commission, but the Truth and Reconciliation Commission in its development, it was disbanded because it does not correspond to the actual functions and duties so it does not give justice to the community. Besides carried out by the Commission, established by the State, protection and enforcement of Human Rights today is mostly done by the judiciary, especially after the reform. Among them are: the Specific Human Rights court, severe Human Rights court and the Constitutional Court who has the authority to test Legislations on the Constitution 1945. In the development, the Constitutional Court more precisely to the protection and enforcement of Human Rights to the citizens with the many rulings on the legislation is unconstitutional, and the Constitutional Court's decision was a strategic value and is able to uphold Human Rights for citizens. The essence of the protection and enforcement of Human Rights greatly influenced the position of the judge in deciding the case, so the judge has a role to uphold the independence and impartiality both as an institution and as individuals. Besides other factor is their right to receive legal aid, the pattern of justice has shown that the right to get a legal assistance is an attempt for equality in law as part of the fulfillment of Human Rights.Keywords: State Institutions, Human Rights, Enforcement
UPAYA PERLINDUNGAN HUKUM TERHADAP KORBAN TINDAK PIDANA PERDAGANGAN ORANG Alfan Alfian
Fiat Justisia: Jurnal Ilmu Hukum Vol 9 No 3 (2015)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v9no3.603

Abstract

Human trafficking is increasingly organized, the more troublesome the government to provide protection to the victim, because the crime became transnational, structured and systematic. From this incident it is important to be studied more deeply about the protection of victims of crime of trafficking in persons. The objective is to determine how the protection of victims of human trafficking crimes / human and determine the factors that constrain the government in protecting victims of human trafficking/ human. Legal protection against the crime of trafficking in persons in Indonesia is already regulated in such a way, but in terms of implementation of law enforcement, officials and government are still not seriously implies. Legal product that became a major locomotive and excellent law enforcement that the Criminal Code still not yet gives tendencies favor of the victim, because the product is still offering an abstract clause related casualties represented only by the state. Factors causing the difficulty of protection is not only on the government alone but the victims themselves who sometimes do omission because the first one is not able to react to deviations, the second, the victim or entity other controls may fear there will be a result of the more serious because of such conflict, the third, indifference has become a social climate that is caused by the absence of extensive reaction.Keywords: Crime, Legal Protection, Human Trafficking 
PERLINDUNGAN HUKUM TERHADAP KEPENTINGAN PARA PIHAK DI DALAM MERGER BANK Dani Amran Hakim
Fiat Justisia: Jurnal Ilmu Hukum Vol 9 No 3 (2015)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v9no3.607

Abstract

The legal protection of interests of the parties in the merger of banks, which is formulated into the problem as follows a) Is the legal basis for bank mergers? b) How is the legal protection of the parties in a bank merger? Merger is one of the company's development and growth. Merger is also one other alternative for capital investment through internal and organic growth. In banking mergers regulated in Law Number 10 of 1998. In the implementation of the merger must also consider the interests of the parties, namely, 1) the interests of the shareholders, 2) the interests of the depositors, 3) the interest of the bank employees, and 4) the interests of officials. Keywords: Protection Law, the Parties, Bank Merger 
POLITIK HUKUM PENGAWASAN HAKIM KONSTITUSI Muhtadi Muhtadi
Fiat Justisia: Jurnal Ilmu Hukum Vol 9 No 3 (2015)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v9no3.602

Abstract

In order to preserve and uphold the honor, dignity, and the behavior of the judge is required to supervise the attitude constitutional judge to fit the code of ethics, so that each judge's ruling will be implemented in order to enforce the law and justice based on Pancasila and the Constitution 1945 as a permanent legal political for supervision of the constitutional judges. Whereas legal politics incidental that becomes choice among others: a) Behavior of Constitutional Judges are overseen by the Board of Ethics established by the Constitutional Court, and for the reported judges or suspected violations of ethic codes of Constitutional Judges formed by Honorary Council of the Constitutional Judges whose creation was proposed by Ethics Council, with the task of implementing and serves as ethic judicial; and b) there is no judicial supervision against Constitutional Court's decision as well as supervision of a court decision which was in the Supreme Court through the mechanism of legal remedies (ordinary and extraordinary). Keywords: Supervision, Behavior, Constitutional Judges

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