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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
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Search results for , issue "Vol. 17 No. 4 (2023)" : 6 Documents clear
Update on the Law Regarding the Control of Minimarket to Protect Small Retailers Indrajaya, Indrajaya; Tanzili, Mulyadi
Fiat Justisia: Jurnal Ilmu Hukum Vol. 17 No. 4 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no4.2996

Abstract

The increase in the establishment of minimarkets has implications for micro and small business actors, including owners of grocery stores and stalls that sell goods similar to minimarkets. Whereas this business sector is the largest in contributing to the Indonesian national economy. One of the factors causing the increase in the establishment of minimarkets is the regulation made by the government in the form of laws, government regulations, presidential regulations and ministerial regulations that provide convenience in the establishment of minimarkets. Therefore, it is necessary to have legal arrangements in regulating the increase in the establishment of minimarkets in order to protect micro and small businesses. This Journal writing uses normative legal research methods using primary legal materials and secondary data obtained through library data. The results showed that there was an impact of the existence of minimarket outlets on the income of retail traders and grocery stores experiencing changes in income. the traders experienced a decrease in turnover and the amount of income per day. The implication becomes the basis for the formation of the concept of new rules in maintaining business balance as an effort to protect the business actors of Grocery Stores and Stalls from the rampant establishment of Minimarket in the form of a review of the articles related to the existence of Minimarket adjacent to residential areas and fill the legal vacuum related to the distance setting of Minimarket establishment with other Minimarket as well as restrictions on granting business licenses, setting working hours and setting administrative sanctions.
Criminal Liability of Legal Entities Under Law Number 23/010 on the Congo Digital Code Kanowa, Obed Kongolo
Fiat Justisia: Jurnal Ilmu Hukum Vol. 17 No. 4 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no4.3005

Abstract

The criminal liability of legal persons under Congolese law is not dismissed in the ordinary way. It is organized in particular by certain legal texts such as Ordinance-Law No. 23-010 of March 13, 2023 on the Congolese digital code. Thus, this study tends to determine, within the framework of this new legal text, the moral persons likely to engage their penal responsibilities, the conditions of bringing into play of this responsibility, the offenses of which the latter can commit, and finally to discuss their repressive regime. In addition to this, as part of this study, we have taken care to make some recommendations or suggestions to the legislator in order to clarify certain obscure points that we have detected in the aforementioned legal text.
Evolving the Concept of Default in Relation to Losses Arising from Standard Agreements for Bank Account Openings Sulaiman, Sepriyadi Adhan; Emirzon, Joni; Hamzah, Hamzah
Fiat Justisia: Jurnal Ilmu Hukum Vol. 17 No. 4 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no4.3015

Abstract

This research examines the legal responsibility of banks as commercial service providers, which is primarily based on contractual obligations with consumers. While the foundation for customer claims against banks typically arises from breaches of these agreements, the Consumer Protection Law does not explicitly outline various forms of responsibility, resulting in numerous decisions by the Consumer Dispute Settlement Body being overturned by the Supreme Court. One significant issue is the law’s lack of provision for legal claims beyond tort. Using a normative methodology based on Law Number 8 of 1999 on Consumer Protection, this study underscores the need for a legal framework that emphasizes risk-based bank responsibility for losses stemming from standard agreements in opening bank accounts. This development is essential for strengthening consumer protection and achieving a balance between consumer interests and the rights of business actors, thereby promoting a healthier economic environment.
The Impact of Regulating Inadequate Local Tax Types on Fiscal Independence Muja'hidah, Muja'hidah; Syamsuddin, Adiesty S. P.
Fiat Justisia: Jurnal Ilmu Hukum Vol. 17 No. 4 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no4.3049

Abstract

This study examines the impact of regional autonomy on fiscal independence, particularly through the ability of local governments to generate revenue without reliance on the central government. Effective governance requires a sustainable budget, and Law Number 1 of 2022 on Financial Relations Between the Central and Local Governments grants local governments the authority to impose taxes. However, the law restricts local governments to collecting only specified types of taxes, which must be established through local regulations (*Perda*), and prohibits the introduction of new tax types. The selection of tax types is contingent upon the existence of tax objects with sufficient potential to contribute to Locally-Generated Revenue (LGR) and enhance fiscal independence. This study aims to analyze the regulation of local tax types for autonomous regions and assess the implications of insufficient tax potential on fiscal decentralization. Utilizing a normative-juridical approach, with legislative, conceptual, and historical perspectives, the findings indicate that inadequate tax objects undermine fiscal decentralization by failing to significantly increase PAD. Consequently, a feasibility study is recommended to assess the potential of local taxes before their inclusion in regional regulations.
Internalizing Animal Welfare Norms: Legal Frameworks for Protecting Animals from Mistreatment Setiabudhi, Donna Okthalia; Irwansyah, Irwansyah; Yunus, Ahsan
Fiat Justisia: Jurnal Ilmu Hukum Vol. 17 No. 4 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no4.3205

Abstract

This study examines the critical dimensions of animal welfare, focusing on the impact of various situations and environments on animals from their perspective. Neglecting animal welfare, especially for livestock and slaughter animals, can lead to fear, stress, and pain during essential processes such as transportation, marketing, and inadequate provision of feed and water. Utilizing a socio-juridical approach, the research centers on North Sulawesi Province, where certain animal slaughter practices have been criticized for their cruelty on an international scale. The findings suggest that effective animal protection to ensure welfare can be realized through the establishment of specific laws and regulations that comprehensively address animal protection issues. Such regulations are necessary to prevent legal disharmony and mitigate multiple interpretations by enforcement officials. Moreover, it is crucial to recognize animals as subjects capable of transmitting diseases rather than mere objects of disease transmission, particularly concerning zoonotic infections affecting humans. In Indonesia, the primary factors contributing to inadequacies in animal protection include insufficient sanctions for violations and a lack of knowledge and understanding among law enforcement officials.
The Role of Investigators in Collecting Evidence Using Sniffer Dogs (K9) Against Narcotics Crimes Amrullah, Rinaldy; Sihite, Nurul Riskia Safitri
Fiat Justisia: Jurnal Ilmu Hukum Vol. 17 No. 4 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no4.3229

Abstract

The use of sniffer dogs (K9) to assist police in collecting evidence related to narcotics crimes is grounded in the principle that investigators are permitted to employ all lawful means in the pursuit of their duties to uncover criminal offenses. This research adopts both normative and empirical juridical approaches, revealing that the role of investigators in utilizing K9 units encompasses normative, ideal, and factual dimensions. However, several factors inhibit investigators from effectively executing their roles in this capacity, notably the limited regulatory framework governing the use of sniffer dogs, which is confined to the Decree of the National Police Chief No. Pol: SKEP/251/IV/2004 and No. Pol: SKEP17/X/2011. There is a pressing need for a comprehensive legal basis that explicitly regulates the validity and utilization of these laws. Furthermore, challenges related to law enforcement personnel are significant, particularly the shortage of police officers trained as K9 handlers at Polda Lampung. Infrastructural issues, including suboptimal health management of the K9 units, particularly the sniffer dogs, also hinder effective operations. Addressing these factors is crucial for enhancing the role of K9 units in narcotics investigations.

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