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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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Theoretical Review: The Protection of Music Copyrights in the Radio Wahyu Sasongko
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.v13no4.1814

Abstract

Playback of music or songs on the radio has the potential to infringe the copyright songwriters. Based on the applicable legal provisions, namely Law Number 28 the Year 2014 concerning Copyrights, the songwriter is the copyright owner of music which is protected by law.  Therefore, parties who take advantage of music must obtain permission from the copyright owner. Radio companies should get permission from the copyright owner to play the music on their radio station. However, it is difficult to oversee the playback of the music on the radio. In this context, a collective management agency (CMA) emerges, but the presence of a CMA is not mandatory or optional. Therefore, this paper does not involve CMA. In this regard, legal issues arise, namely how to protect music copyrights according to applicable law to attain legal certainty. This paper is a theoretical study of legal theory or legal doctrine relating to the rights of songwriters. In legal science or jurisprudence it is not clearly distinguished between legal doctrine and legal theory. In discussing this issue, firstly it will be discussed about the meaning and types of music copyrights. Next, it will be discussed about the legal construction or legal framework of music copyrights. Based on theoretical studies, songwriters have various rights with specific characteristics so that the treatments must also be accurate. The legal construction of music copyrights is intertwined in a network of legal binding that is influenced by subject and object factors. The subjects involved are interconnected to use the music as its object. The legal relationship between subjects is mutually beneficial or mutual symbiosis. Meanwhile, music as objects is a flexible commodity. Therefore, airing music on the radio is in doubt to be categorized as copyright infringement.
Legal Protection of Indonesian Migrant Workers (TKI) Overseas (Case Study of BP3TKI North Sumatera Province) Vinna Dinda Kemala; Eny Kusdarini
Fiat Justisia: Jurnal Ilmu Hukum Vol 14 No 1 (2020)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v14no1.1756

Abstract

Efforts to deliver overseas labour are considered effective to reduce the high unemployment rate in Indonesia. However, the higher the labour interest that wants to become migrant workers, the more cases experienced by Indonesian Migrant Workers (Tenaga Kerja Indonesia or TKI) abroad such as violence, rape, and wages that are not given during work. The low level of education of migrant workers is considered to be one of the main factors of the violence experienced by TKI. Protection against TKI working abroad has been governed by law No. 18 of 2017 on the protection of Indonesian migrant workers. The Indonesian Manpower Placement and Protection Agency (BP3TKI) is one of three institutions responsible for protecting the TKI working overseas. The purpose of this research is to further the broader explanation of the legal protection of Indonesian migrant workers abroad, conducted by BP3TKI in North Sumatera province. The method used in this study is a qualitative descriptive method consisting of interviews, documentation, and library studies. The results of this study indicate BP3TKI has carried out its duties based on Law No. 18 of 2017 concerning the Protection of Indonesian Migrant Workers. In carrying out its duties, there are several factors and obstacles faced by BP3TKI to provide maximum legal protection to Indonesian migrant workers.
The Implementation of Chemical Castration Penalties towards Paedophilia Crime Perpetrators Kartono Kartono; Aji Mulyana
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.v13no4.1683

Abstract

Sexual crime (rape) is one of the crimes that are very disturbing to the community, and its development is increasingly diverse either in the motives, nature, the form, the intensity and the modus operandi. The concerning situation is that a castration or castration law is expected to encouraging perpetrators of child sexual violence to lose their desire to repeat their crime. This research will explain how the implementation of chemical castration against sexual offenders on children (paedophilia) and how the application of castration penalties after the purpose of Indonesian crimes. The implementation of the imposition of the chemical castration sentence seems to be considered as an answer to the high public demand for severe punishment for the perpetrators. The existing rules of criminal law and child protection have never been implemented optimally. The Act of sexual assault on a child brings harmful impacts against physical and psychology to the victim, which became an obstacle for law enforcement officers to know or detect victims of sexual violence against children.
Separatist Creditors vs Preferred Creditors Rights in the Bankruptcy Case Based on the Decision of Constitutional Court of 2013 Rilda Murniati; Desma Cahya Selvya
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.v13no3.1616

Abstract

Workers are preferred creditors whose payment must take precedencein the bankruptcy of the company. Problems in practice occur in thecompany's assets as collateral for debt to separatist creditors so that workers'rights are ruled out. Therefore, workers submit applications for judicialreview of the Bankruptcy Law and Labor Law. This study is normativeresearch using primary legal materials, namely laws and case study decisionsthat are analysed qualitatively. The results of the study and discussiondetermined that the Bankruptcy Law and the Labor Law regulate the same asthe legal status of workers as preferred creditors who are entitled to prioritizepayment in the distribution of bankrupt assets strengthened by the results of ajudicial review in Decision of the Constitutional Court Number 67/PUUXI/2013 The right of workers to wages is prioritized and calculated fromcollateral objects which are the rights of separatist creditors. For this reason,curators with authority must share the right of separatist creditors andpreferred creditors with the principle of balance and justice so that all theassets of a bankrupt company can pay off the debts of its creditors
The Existence and Legal Problems of Pak Ogah in Indonesia Adhi Putra Satria
Fiat Justisia: Jurnal Ilmu Hukum Vol 14 No 1 (2020)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v14no1.1770

Abstract

Pak Ogah is a citizen, either an individual or a group that participates in regulating traffic order in the hope of being rewarded by road users who will pass or turn around at intersections in major cities in Indonesia. In this study, the issues will be presented that factors influence the emergence of Pak Ogah, and what legal problems arise from the phenomenon. The method used in this study is a qualitative research method with a juridical-empirical approach which uses facts in the field as the primary data. The results of the study stated that the emergence of the phenomenon of Pak Ogah was caused by three main factors, namely the legal substance, legal structure (law enforcement officers), and the legal culture of the Indonesian people. Furthermore, the problem arising from the phenomenon is that there is no legal guarantee and work safety for the protection of Pak Ogah if an accident occurs when regulating traffic order.
Feminist Perspective towards the Legal Theory on Fisher-Women’s Legal Entity Rima Vien permata Hartanto; Adi Sulistiyono; Isharyanto Isharyanto
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.v13no4.1737

Abstract

This research explores the issue of the legal entity for fisher-women. Feminists Legal Theory is the main foundation. This theory seeks to criticise and dismantle the law by questioning the existence of laws that bring injustice to women's groups. In the Indonesian context, where the influence of patriarchal ideology and legal positivism theory is still active, the view that the law is believed to be neutral and objective has resulted in many things that discriminate and marginalise women's groups. This research presents the criticism of Law Number 7 of 2016 concerning the Protection and Empowerment of Fishermen, Fish Cultivators and Salt Cultivators for the recognition of the legal entity of fisher-women. This research is theoretical with the type of literature study focusing on ideas using a feminist perspective research approach. The results of the study indicates the that Law Number 7 of 2016 concerning the Protection and Empowerment of Fishermen, Fish Cultivators and Salt Farmers contains many weaknesses. There is a prejudice towards the work of fishers, there is a problem defining fishers because women are excluded from defining fishers, the absence of recognition of fisher-women affects the law and becomes indirect discrimination because of gender blindness and does not take into account in terms of women's experience or interests.
Utilisation of Geothermal Energy that Impact Rights to Clean Water Needs Adam Muhammad Yanis; Erina Pane
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.v13no3.1614

Abstract

Geothermal utilisation policy based on the consideration highlights that geothermal resources are natural resources which are low cost and environmentally friendly. In some countries, including in Indonesia, waste from geothermal utilisation causes pollution of water sources in geothermal working areas. A normative juridical method was employed in this study, which data was processed based on the research of secondary data. The study results indicated that (1) geothermal management in the protected forest area of Mount Slamet, Central Java in Indonesia, resulted in contamination of clean water sources that were commonly used by the community for their daily needs. The liquid that came out of the process of geothermal exploitation had an impact on water governance in protected forest areas. In some countries pollution of water sources caused a long-term threat to human health and environmental sustainability, (2) the danger of sustainability of water resources in protected forest areas, it was caused by the policies undertaken did not pay attention to the principle of prudence. Therefore, it is necessary to reformulate policies in the utilisation of geothermal resources.
The Urgency of Harmonizing Competition Laws in Moving Towards the ASEAN Free Trade Area Hanif Nur Widhiyanti
Fiat Justisia: Jurnal Ilmu Hukum Vol 14 No 1 (2020)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v14no1.1749

Abstract

ASEAN had created the ASEAN Regional Guidelines on Competition Policy and Handbook on Competition Policy and Law in ASEAN for Business as guides for assessment of the behaviour of business people in the industry and market. The Regional Guidelines “only” help member countries in increasing awareness of the importance of business competition policies. The execution of business competition is then left to the ASEAN member country, to be in accordance with national business competition policies. Meanwhile, the ASEAN Economic Community will allow business people in ASEAN countries to conduct business transactions in whichever country they prefer. Without clear regulations, businesspeople can freely carry out cross-border transactions that can disrupt the domestic market of each ASEAN member country. Differences in regulatory substances and the absence of competition law regulations in several ASEAN member countries will undoubtedly become a challenge for the application of competition laws by businesspeople in the ASEAN regional market. However, in relation to AFTA, the primary urgency is instead the realization of imposing tariffs of 0-5% by performing the harmonization of regulations in the field of Customs and the removal of other forms of Non-Tariff Barriers (NTBs). The removal of trade barriers is one of the things that are also regulated in competition law. This article is the result of normative juridical research that analyzes the differences in the substance of competition law in several ASEAN countries along with their juridical implications, to be able to evaluate the urgency of harmonizing legal regulations on business competition among the member countries of ASEAN.
Terrorism and Cyberspace: A Phenomenon of Cyber-Terrorism as Transnational Crimes Nadiah Khaeriah Kadir; Judhariksawan Judhariksawan; Maskun Maskun
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.v13no4.1735

Abstract

The advancement of information technology is changing the pattern of radical group propaganda from conventional methods to the ways they use today, namely using the media and cyberspace, or what is also called as cyber-terrorism. The purpose of this study is to discuss the emergence of the currently experienced cyber-terrorism phenomenon. It is normative research through a literature study method by approaching statutes. The results of this study indicate that cyber-terrorism is a part of cybercrime that is qualified as transnational crime which refers to Article 3 of the United Nations Convention against Transnational Organized Crime. Currently,  there are several laws/regulations regarding terrorism at the national, regional and international levels. However, these rules do not specifically regulate new developments in acts of terrorism through cyberspace or what is known as cyber-terrorism.
Financial Service Technology in Indonesia: Between Free Market Regime and Consumer Protection Hamzah Hamzah
Fiat Justisia: Jurnal Ilmu Hukum Vol 14 No 1 (2020)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v14no1.1891

Abstract

The free market era provided uninterrupted traffic in goods and services throughout the world, and was initially formed to offer benefits. Although there were still protests in technical problems and rising disputes that led a sue to legal institutions, countries agreed to maintain the free market. As a counterpart, the free market cannot ignore consumer’s protection as a standard of service. The liability development between consumer and producer relationship arranged from caveat emptor, to caveat vendor and finally to strict liability in the consumer protection system, implies disclosure of information on products and services. This research faces the legal theory of a free market regime with the theory of consumer’s protection law. This research proceeds to discuss two main issues. The first issue is an essential of Financial Technology or Fin-tech of services. The second issues is the influence of Fin-tech on the free market and consumer protection. Research uses a normative legal research method and the data obtained are secondary data from literary sources such as literature, articles and internet sites. Results of the analysis shows; first, the free market regime is both an opportunity as well as a challenge, therefore it is still worth to maintain. The consumer protection’s regime is the balance point of the free market’s regime. Theoretically, consumer’s protection must be used as a tool to protect the consumer’s interests. Moreover, it could manage the behaviour of service providers. Secondly, the role of the Financial Services Authority is a key to ensuring that balance is still on maintained. Supervision and determination of financial service providers broadly provide information for the public to choose carefullyof their necessity financial services

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