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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 655 Documents
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Regulate DPR’s Committees: Making Indonesian Presidential System More Representative Zulkarnain Ridlwan; Zainal Arifin Mochtar
Fiat Justisia: Jurnal Ilmu Hukum Vol 13 No 2 (2019)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v13no2.1566

Abstract

The evaluation of the DPR's oversight function always considered not to represent the will of critical supervision of the people in almost every DPR's performance satisfaction survey. The DPR Committees institutionally the main actor of supervision, but has not been effective. 11 DPR committees compared to 113 work partners suspected to be one of the causes. Committees formed by DPR and can be adjusted according to needs. Based on a comparative approach on regulations in the US Congress and the British Parliament, it is recommended to narrow the oversight work by increasing the number of DPR committees to balance a large number of partners. The division of supervision work into more committees makes the scope of work narrow so that supervision is more focused. Changes in the arrangement of the number of committees in Law 17/2014 and the DPR 2014 Rules of Conduct need to be done by stating the maximum number of five working partners for each committee. The creativity of the committee to form sub-committees in accordance with needs must also be confirmed in the 2014 DPR Rules of Conduct. Such regulation is expected to make the performance of checks and balances between the DPR and the Government be better assessed by the public as a unitary presidential government system, namely a presidential system that better represents the will of the people's supervision. 
Prevention and Handling of the Crisis of Financial Systems in Banking Institutions Zulfi Diane Zaini; Lukmanul Hakim
Fiat Justisia: Jurnal Ilmu Hukum Vol 13 No 2 (2019)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v13no2.1567

Abstract

Handling of troubled banks currently carried out has been carried out coordinated by related institutions including the Ministry of Finance, Bank Indonesia, the Financial Services Authority and the Deposit Insurance Corporation, as mandated by Law Number 9 of 2016 concerning Prevention and Handling of the Financial System Crisis. Where the handling of troubled banks can be more complex and integrated not only the impact of micro and macro. So that the community can maintain its trust in banking institutions and greatly help economic activities, especially banking entrepreneurs. The problems in this research are as follows: 1) How is the Application of the Precautionary Principle in Minimizing the occurrence of Problematic Banks in Indonesia? and; 2) How is Legal Certainty in the Settlement of Problem Banks in Indonesia?The research method used to answer the problems in this study is to use a normative legal research approach which is also called theoretical legal research or dogmatic legal research because it does not review the implementation of legal implementation. The results of the research and discussion show that the application of the precautionary principle carried out by these banking institutions can make a very impactful contribution, especially in order to minimize the occurrence of good problem banks that have systemic or non-systematic impacts. In addition, legal certainty in the context of handling this troubled bank has been stated in the PPKSK Law as an attempt to resolve troubled banks.
The Accommodation of ASEAN Convention against Trafficking in Persons (ACTIP) in Indonesia Regulation Jevlin Solim
Fiat Justisia: Jurnal Ilmu Hukum Vol 13 No 2 (2019)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v13no2.1680

Abstract

Trafficking in Persons is unarguably one of the largest crime industries in the 21st century that demand a concrete and comprehensive approach to prevent and tackle it. Southeast Asia region is one of the highest regions in terms of supplying, transit, and destination for trafficking in persons victims in the world. ASEAN member states, including Indonesia as key sources of trafficking victims have taken many efforts, one of the latest was ratifying ASEAN Convention Against Trafficking in Persons, Especially Women and Children (ACTIP). And to ensure its effectiveness, the parties need to adjust it with the domestic laws. However, almost 2 years since the ratification, it can hardly be identified any new regulations specifically formed to combat TIPs being enacted to support this convention in Indonesia. Therefore, the objective of this journal is to give insights about the accommodation ACTIP in Indonesia regulation.
The Effect of Colonialism on Implementation of Agrarian Reform in Indonesia Ricco Andreas; Luthfi Kalbu Adi; Sri Sulastuti
Fiat Justisia: Jurnal Ilmu Hukum Vol 13 No 2 (2019)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v13no2.1565

Abstract

The agrarian carried by Sukarno was supported by the peasants throughout Indonesia. How not, the agrarian basic law which then came into force on 1 January 1961 aims to restore and redeem (redistribution) agricultural land to each head of the farm family. The step for that begins with determining the maximum and minimum area of agricultural land taking into account the population, area and other factors. But in its journey, agrarian reform was also influenced by Indonesia's political situation. The problem that will be discussed by the researcher is How do the elements of colonialism influence the implementation of Agrarian Reform in Indonesia? The research method used is a normative legal research method. With the ovary desk, in-depth interviews with related parties. The results of the study are: In addition to the evidence that still uses the Positief Wettelijk system, the state through its tools also puts forward repressive methods as a method of handling agrarian conflicts. So that it can be said that the "spirit" of the custom of the colonial government until now is still "carried" by the state. This has a big influence on the operation of the legal system, and the application of the Agrarian Principles Law in agrarian reform.
Political Law of Sidawangi Society towards Customary Rights Over Oro-Oro Land Sarip Sarip; Hanif Nurcholish Adiantika; Abdul Muaz
Fiat Justisia: Jurnal Ilmu Hukum Vol 13 No 4 (2019)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v13no4.1703

Abstract

The study concerning political law of Sidawangi society towards customary right over “Oro-Oro” land is commonly triggered by the presence of the arbitrary village officers. Historically, “Oro-Oro” land is characterised as a communal land, but its management is initiated exclusively through an agreement and doubtful rights. The legal law concerning customary right over “Oro-Oro” land is truly expected by Sidawangi society. The action of arbitrary village officers is deemed to be one of crucial factors to realise their expectation.Furthermore, the rumour of switching “Oro-Oro” land into plantation land by the corporation also toughens the strong desire of Sidawangi society to realize their expectation. The present study aims to investigate the significance of legal law and the warranty of customary rights both in the 1945 Constitution, agrarian law and international conventions. This study is conducted through an interview to Sidawangi society and literature studies regarding customary right over “Oro-Oro” land as expected by Sidawangi society. Customary right over “Oro-Oro” land, initiated by Sidawangi Society in Sumber Sub-District, originally refers to a communal area which has been exclusively possessed. In other words, this type of land is not privately preserved. The people in Sidawangi society are only allowed to maintain and gather the result. The arbitrary of village officers seize trees in “Oro-Oro” land without any kinds of certain customary right. The phenomenon in Lampung has provided insight regarding the conflict occurs when the people expect is not fulfilled. The residents inevitably expect the existence of political law in society towards customary land. The legal protection towards customary right over “Oro-Oro” land is essentially guaranteed by 1945 constitution, Basic Agrarian Law Constitution, and international convention of indigenous community.
Organizational Culture as an Influencing Mediating Factor between the Transformational Leadership and Work Satisfaction: an Empirical Study on the Police Integrity in the Central Java Regional Police Command Rycko Amelza Dahniel
Fiat Justisia: Jurnal Ilmu Hukum Vol 13 No 3 (2019)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v13no3.1748

Abstract

The research investigates organisational structure as a mediating variable that influences the transformational leadership and the work satisfaction of police integrity in the areas under the jurisdiction of the Central Java Regional Police Command. Police integrity is an important phenomenon, as it is the foundation for realising trusted, modern, and professional police personnel, as expected by the Indonesian National Police (INP). The number of samples in this research was 200 police members from 10 working units in the Central Java Regional Police Command. The sampling method was purposively random sampling. The Structural Equation Model Analysis (SEM) was used to test the influence of the transformational leadership and work satisfaction by placing organisational culture as a mediating variable against police integrity. By the SEM analysis, this research found that police work satisfaction has influence over organizational culture (r= 0.49; p< 005), and the transformational leadership has significant influence over organizational culture (r= 0.37; p< 0.05). Organizational culture as a mediating variable has significant influence over police integrity (r= 0.26; p< 0.05). Furthermore, leadership has significant influence over police integrity (r= 0.39; p< 005), and work satisfaction has direct influence over police integrity (r= 0.24; p< 0.05). Therefore, it can be concluded that the transformational leadership and work satisfaction have strong indirect influence over organisational culture as a mediating variable against police integrity. Meanwhile, work satisfaction has weak direct influence (r=0.24; p<0.05) over police integrity.
Punishment Asset Forfeiture for Corruptor In Perspective of Indonesian Community Justice Yaris Adhial Fajrin; Ach. faisol triwijaya
Fiat Justisia: Jurnal Ilmu Hukum Vol 13 No 3 (2019)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v13no3.1702

Abstract

This study discusses the prospect of criminal asset forfeiture in the Corruption criminal act as a staple criminal. The research is based on the fact that the state's financial loss recovery due to corruption crimes is not achieved, whereas the purpose of law enforcement corruption is aimed at restoring the state's financial losses. But these objectives are not manifested through proper pipetting to accomplish that goal. The purpose of this research is to assess the prospect of asset deprivation as a staple criminal in the framework of national criminal law reform. The methods used in this study used normative research methods with a conceptual approach as a breakthrough problem occurred. This research gain results when criminal asset forfeiture is placed as principal criminal; it will realise the goal of state financial recovery due to corruption crimes and will be aligned with community justice.
The Existence of Regulatory Sandbox to Encourage the Growth of Financial Technology in Indonesia Recca Ayu Hapsari; Maroni Maroni; Indah Satria; Nenni Dwi Ariyani
Fiat Justisia: Jurnal Ilmu Hukum Vol 13 No 3 (2019)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v13no3.1739

Abstract

Bank Indonesia created an appropriate regulatory regime to drive the pace of innovation carried out by Financial Technology Providers while still applying the principles of consumer protection, risk management and prudence. One of the efforts made by Bank Indonesia was by issuing provisions concerning a regulatory sandbox for Financial Technology Providers along with their products, services, technology and/or business models in a Board of Governors Member Regulation No 19/14/PADG/2017 on the Limited Technology Testing Room (Regulatory Sandbox) Financial Technology. Meanwhile, the Financial Services Authority also issued regulation regarding the Regulatory Sandbox for Financial Technology Organizers in Financial Services Authority Regulation No. 13 / POJK.02/2018 on the Digital Financial Innovations in the Financial Services Sector. The main point of view to be analysed is the existence of regulatory sandbox approach held by Bank Indonesia and the Financial Services Authority as an effort to encourage the growth of Financial Technology in Indonesia.
Legal Responsibility in the Pollution and Environmental Destruction Due to Gold Mining Exploitation in Botak Mountain of Buru Regency La Ode Angga La Ode Angga; Hasan Suat
Fiat Justisia: Jurnal Ilmu Hukum Vol 13 No 4 (2019)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v13no3.1695

Abstract

From the case of environmental destruction and pollution that occurred in Buru Island, Maluku Province, the principle of civil liability or known as “obligation” or “aanspraakelijkheid” can be used for those who need assistance to the community and can be used for the principle of accountability. In the case of environmental destruction and pollution that occurs on Botak Island, Buru Mountain, the miners used mercury and cyanide to process minerals in obtaining gold. Based on Article 87 paragraph (1) UUPPLH, the obligation from this pollution can be qualified for the fulfilment of violation, including (a) committing an unlawful act; (b) The presence of environmental pollution and or damage; (c) cause harm to other people or the environment; and (d) is a responsibility and/or activity. Furthermore, to be able to fulfill the compensation according to civil law, Article 1365 of the Civil Code requires the existence of a onrechtmatigedaad or acts against the law, which contains: (a) the act violates the law; (b) the action is based on mistakes; (c) the consequences of these consequences;           Article 1365 of the Civil Code can indeed protect one's rights because a party has suffered from the actions of others that cause these disadvantages. Therefore, it is assumed that being against the law here outlines the existence of rights and obligations when committing an act, either an error or negligence or also injuring another person, and resulting in arising from other people.
Siri' Na Pacce Culture in Judge's Decision (Study in Gowa, South Sulawesi Province) Muhammad Ikram Nur Fuady
Fiat Justisia: Jurnal Ilmu Hukum Vol 13 No 3 (2019)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v13no3.1684

Abstract

Manimbohoi Village in Gowa District is part of the Makassar tribe who still hold the Siri' na Pacce culture that highly upholds shame, honour, dignity, and togetherness as Adat Law. During this time, there is often a difference between the Traditional Law of Siri' Na Pacce and Indonesian Positive Law in upholding the material values of criminal acts, so that judges' decisions are difficult to accept by local communities. This study aims to determine the influence of the culture of Siri na Pacce' regarding the judge's decision in constructing the criminal offences committed by residents of Manimbohoi with the decision Number: 66/Pid.B/2012/PN.Sungg.This study used a normative empirical approach with a descriptive-qualitative method that analyses cases of judges' positions and judgments on decisions plus data obtained by interviews with the Adat Officer, Manimbohoi’s people, the judge in Sungguminasa District Court.The results of the study showed that 1)The Siri' Na Pacce as unwritten laws and positive Indonesian law as written laws have the same position in the Republic of Indonesia which can be carried out as long as there is no comparison in the KUHP as Criminal Code; 2)In the decision, the judge has been progressive by imposing a sanction lower than the prosecutor's request indicating that the judge acknowledges Siri 'na Pacce even though it does not include it in writing on the consideration of the points of judges; 3)The weight and lightly of punishments and values of Siri' na Pacce's held by the judge depends on the benefits and feelings held by the judge as a benchmark based on the individual judge's personality; 4)The judge acknowledges the culture of Siri 'Na Pacce as living law but has not been able to put it into judgment as justification, forgiveness, and mitigation reason; 5)Therefore, this Siri' Na Pacce should be maintained Indonesian identity.

Page 50 of 66 | Total Record : 655

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