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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. 20 no. 3 (2026)" : 6 Documents clear
Secondary Victimization and Criminal Liability of Crime Victims in the Sleman Snatching Case: A Human Rights Criminology Perspective Hajar Salamah Salsabila Hariz; M. Rizal Qosim; Muchlis Fathulloh; Hariyanto Hariyanto
Fiat Justisia: Jurnal Ilmu Hukum Vol. 20 No. 3 (2026)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v20no3.5449

Abstract

Snatching is a street crime that threatens personal security and prompt spontaneous responses from victims or their family members when formal protection is unavailable or perceived as inadequate. This article examines secondary victimization and criminal liability in the Sleman snatching case, in which the victim's husband pursued the alleged offender after his wife was robbed and later became subject to legal scrutiny following the alleged offender's death during the pursuit. This study employs normative legal research using statutory, conceptual, case, and human rights criminology approaches. The analysis demonstrates that the case cannot be reduced to a simple narrative of victim criminalization. Instead, it highlights the interaction between victim-offender overlap, lawful defense, causation, proportionality, and human rights protection. Criminal liability in cases involving spontaneous victim responses should be assessed by examining necessity, immediacy, proportionality, causation, culpability, and due process. The article concludes by proposing a human rights-based framework for assessing criminal liability that prevents secondary victimization while preserving accountability for serious legal consequences.
Reconstructing Political Finance Regulation in Indonesia’s Multiparty Democracy Firmansyah Putra; Dimas Subekti; Dinda Syufradian Putra; Ansorullah Ansorullah; Mochammad Farisi
Fiat Justisia: Jurnal Ilmu Hukum Vol. 20 No. 3 (2026)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v20no3.5327

Abstract

This study examines how Indonesia's political party finance regulations can be redesigned to strengthen transparency and accountability in a multiparty system. Using normative legal research based on statutory and legal theory approaches, it finds that the current framework remains ineffective because of limited public disclosure, weak independent auditing, fragmented oversight, and inadequate regulation of political contributions. The study proposes an integrated governance model comprising six regulatory pillars: standardized public financial reporting, a national digital reporting system, independent audits by the State Audit Agency (BPK), stricter regulation of private donations, performance-based public funding, and institutionalized public oversight. The study contributes to the political finance literature by advancing an integrated governance model for political party finance in multiparty democracies.
Sustainability Agreements and Green Collaboration: Challenges and Opportunities within the Indonesian Competition Law Framework Diana Fitriana; Mella Ismelina Farma Rahayu; Sugeng Sugeng; Andre Jr Cardenas
Fiat Justisia: Jurnal Ilmu Hukum Vol. 20 No. 3 (2026)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v20no3.5364

Abstract

This article examined the emerging concept of sustainability collaboration within Indonesia's competition law framework, highlighting the need to reconcile environmental sustainability with effective market competition. Indonesian competition law, particularly Law No. 5 of 1999, traditionally prohibited horizontal agreements under a rigid approach, whereas global developments increasingly recognized sustainability agreements that generated long-term consumer welfare. This study employed normative legal research with a comparative approach, using the regulatory frameworks of the European Union and the United Kingdom as benchmarks. The analysis identified a significant regulatory gap in Indonesia, where Article 50 of Law No. 5 of 1999 did not accommodate environmental efficiencies such as carbon reduction and sustainable supply chains. To address this gap, the study proposed revitalizing the public interest exception, adopting a dedicated KPPU Regulation on Sustainability Agreements, and introducing an open door policy to provide greater legal certainty for businesses. It concluded that shifting toward a long-term consumer welfare standard was essential to support both competitive markets and sustainable economic development in Indonesia.
Dignified Justice and the Reconstruction of Indonesia’s Juvenile Criminal Law: Lessons from Australia toward SDG 16 Yuni Priskila Ginting; Anissa Furqanina; Teguh Prasetyo
Fiat Justisia: Jurnal Ilmu Hukum Vol. 20 No. 3 (2026)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v20no3.5370

Abstract

Indonesia's juvenile justice system, governed by Law No. 11 of 2012 on the Juvenile Criminal Justice System, continues to face challenges arising from restrictive diversion provisions and the continued use of detention. Although Australia has developed more flexible diversionary mechanisms under the Youth Justice Act 1992 (Queensland) and the Young Offenders Act 1997 (New South Wales), persistent inequalities affecting First Nations children demonstrate that restorative justice alone cannot eliminate structural disadvantage. This study examines the juvenile justice systems of Indonesia and Australia to develop a reconstruction model for Indonesia based on the concept of dignified justice. Using normative legal research with comparative and conceptual approaches, it analyzes legislation, international instruments, and relevant legal scholarship. The study finds that Indonesia's diversion framework remains constrained by statutory sentencing thresholds rather than the child's individual circumstances and rehabilitative needs. It proposes a dignified justice-based model comprising a hybrid age-responsibility assessment, expanded child-centered diversion, stronger safeguards governing detention, and institutional reform. By positioning the protection of children's dignity as the normative foundation of juvenile justice, this study offers an integrated framework that strengthens child rights protection and supports the achievement of Sustainable Development Goal 16.
Settlement of Mortgage Collateral Disputes Sold Below Market Value in Indonesian Civil Procedure Law Sri Wahyuni; Efa Laela Fakhriah; Anita Afriana; Sonyendah Retnaningsih; Muhammad Rizqi Alfarizi Ramadhan
Fiat Justisia: Jurnal Ilmu Hukum Vol. 20 No. 3 (2026)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v20no3.5439

Abstract

The execution of Mortgage Rights (Hak Tanggungan/HT) through auction constitutes a legal mechanism for resolving disputes arising from defaults in bank credit agreements. However, there is currently no specific regulation governing the standards for determining the auction limit price of Mortgage Rights objects. As a result, when a debtor defaults, the auctioned Mortgage Rights object may fail to generate sufficient proceeds to fully settle the bank’s outstanding receivables. This study aims to analyze the resolution of disputes concerning the sale value of Mortgage Rights objects auctioned below market value from the perspective of evidentiary principles in Civil Procedural Law. This normative legal research employs a statutory approach, conceptual approach, and case study approach. The results indicate that although there is a written credit agreement between the bank and the debtor secured by a Mortgage Rights object whose value generally exceeds the amount of the debt, in practice, when the debtor defaults and the Mortgage Rights object is sold through auction, the proceeds may still be insufficient to repay the bank’s outstanding debt. This study proposes that, in cases where a debtor defaults on a bank credit agreement and the Mortgage Rights object has been auctioned, the court should impose the burden of proof on the bank to demonstrate that the auction process conducted over the Mortgage Rights object complied with applicable legal provisions. Therefore, if the auction proceeds are insufficient to cover the outstanding debt, such deficiency should become the bank’s risk and should not be imposed upon the debtor. This approach is essential to ensure legal certainty and justice.
Institutional Reform of Criminal Justice Oversight and Legal Pluralism Toward Integrated Independent Models in Indonesia and Russia Subagyo Sri Utomo; Sahat Maruli Tua Situmeang; Sutarjo Sutarjo; Diah Pudjiastuti; Athari Farhani
Fiat Justisia: Jurnal Ilmu Hukum Vol. 20 No. 3 (2026)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v20no3.5455

Abstract

Criminal justice oversight is a critical concern in constitutional democracies, particularly those marked by strong executive systems and legal pluralism. Indonesia and Russia present contrasting institutional weaknesses: Indonesia has fragmented oversight structures that undermine coordination, while Russia has centralised prosecutorial oversight subject to executive influence. Russia is selected as a comparator because its centralised model provides a clear contrast with Indonesia’s fragmented structure, enabling assessment of how institutional design affects independence, accountability, and due process. This study examines criminal justice oversight in both countries, assesses institutional independence, and develops an integrated oversight model responsive to legal pluralism. Using normative legal research with comparative and conceptual approaches, the study finds structural deficits in oversight independence despite formal constitutional guarantees. Indonesia exhibits “oversight without teeth,” whereas Russia reflects “dual subordination” under executive influence. The proposed Integrated Independent Oversight Model emphasises institutional independence, horizontal accountability, supervisory authority, and adaptive mechanisms that accommodate plural legal orders while upholding human rights standards.

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