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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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Health Workers' Legal Protection Policy to the Coronavirus Disease 19 (Covid-19) Containment Measures Helmi Helmi; Hafrida Hafrida; Retno Kusniati
Fiat Justisia: Jurnal Ilmu Hukum Vol 15 No 1 (2021)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v15no1.2101

Abstract

This research aims to analyze protection policies for health workers amidst COVID-19. Through statute approach and based on the rights theory, this study examines legal development, or legal framework is needed to formulate and to protect health worker. Since the COVID-19 outbreak spreads quickly and massively, Health worker is at the forefront of handling COVID-19, but they are also vulnerable to get infected by the virus. Some cases showed that many health workers tested positive after providing health services. The findings of the research showed that the right of medical workers to get personal protective equipment and safety guarantees were not enough to protect them. On the other hand, the community was still ignoring the risk of this disease and broke the health protocol in the public place. Health workers can perform their job effectively if people are in healthy condition and do not need to go to the hospital. To containment measures of the COVID-19 State has to choose one of the effective ways to protect people and health workers by regulating and giving a penalty to the perpetrators of the COVID-19 protocol.
Observations on the Protection of Refugees in Indonesia Fithriatus Shalihah; Muhammad Nur
Fiat Justisia: Jurnal Ilmu Hukum Vol 15 No 4 (2021)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v15no4.2143

Abstract

Pekanbaru City and Makassar City are areas that serve as refugee shelters in Indonesia. Generally, refugees in Pekanbaru City and Makassar City were only transiting, while the main destination was Australia. However, the Australian Government's strict policies resulted in refugees being held in Indonesia for many years. This research then examines how the protection of refugees in Pekanbaru City and Makassar City towards the granting of refugee rights granted by the Government and international organizations regarding the status of refugees so far. The author uses empirical/sociological legal research methods, which are conducted by observational research, by conducting surveys, and empirical or socio-legal approaches, namely through field observations, interviews, and literature studies. The results of this study found that Indonesia has respected the provisions of international law in protecting refugees in Indonesia. The handling of refugees in Indonesia For the most part, it has worked well in granting refugee rights under the provisions of international conventions on refugee status.
Satellite Image Data as Environmental Crime Evidence in the Field of Illegal Logging Mahfud Mahfud; Lena Farsia; Nellyana Roesa; Safrina Safrina
Fiat Justisia: Jurnal Ilmu Hukum Vol 15 No 3 (2021)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v15no3.2166

Abstract

Indonesia's forest degradation which is triggered by decades of uncontrolled deforestation has caused massive tropical forest depletion. The same situation also happened to Aceh's forest whose forest areas have been shrinking from year to year.  Indication of the increase in illegal logging is both in Indonesia and especially in Aceh as if showing an indication and an academic conclusion that there is a crucial problem. Therefore, there is a need for a mechanism to create an effective legal role to at least reduce illegal logging that is increasingly prevalent in Indonesia's forests. One of the mechanisms is by using a remote sensing technology approach to monitor the occurrence of illegal logging or other criminal acts in the forest which are considered to be the cause of the loss of Aceh's forest in particular and Indonesia in general. This study aims to find out the use of remote sensing satellite technology to monitor illegal logging in Aceh and to identify the use of satellite imagery by law enforcement officials in Aceh to punish illegal logging offenders. The results showed that law enforcement officers used satellite imagery data on conditions before and after environmental damage in handling illegal logging.   However,   the data that emerged from   LAPAN   is rarely used by law enforcement officials to monitor the condition of national forests, especially those in their work areas. Lack of use of satellite data by law enforcement officials in the initial tracking to eradicate illegal logging due to their lack of initiative to prevent illegal logging, the physical condition of  Leuser protected forest areas which are also close to residential areas,   and external issues of areas that make wood from Aceh's forests are traded outside the region and even abroad, as well as the lack of qualifications of law enforcement officials who know the environmental issues.
Social Reality as Legal Authenticity (Criticism of Bad Positive Laws in Legislation) Yogi Prasetyo
Fiat Justisia: Jurnal Ilmu Hukum Vol 15 No 3 (2021)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v15no3.2194

Abstract

This study aims to explain social reality as the authenticity of Indonesian law and criticism of legal positivism in the legislation. This study using a literature study research method with a legal philosophy approach. Data obtained from the results of literature studies on several scientific works related to the theme of the problem. Data analysis was performed using descriptive, evaluative methods. The results of the research show that there is an incorrect understanding of the law in society. This is because the legal system used in Indonesia still refers to the legacy of the Dutch colonialists. Law is only understood as mere legislation. Apart from that, it is not considered law, such as social realities in people's lives. Laws must be written and issued by state institutions, not norms that arise from social life in society. The law's impact is dry from the social values of society so that the law is far from the sense of justice that is expected by the community. This study is expected to provide benefits to uphold the authentic Indonesian legal sovereignty that originates from the social realities of society. So that Indonesia is free from the bad influence of the legacy of the Dutch colonial legal system because the social reality of society is the original form of Indonesian law.
The Outbreak of Covid-19 as an Overmacht Claim in Credit Agreements Merry Tjoanda; Yosia Hetharie; Marselo V.G Pariela; Ronald F. Sopamena
Fiat Justisia: Jurnal Ilmu Hukum Vol 15 No 1 (2021)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v15no1.2195

Abstract

This research aims to determine and analyze the law consequences of overmacht in credit agreements due to the Covid-19 Pandemic and as legal remedies for settlement of the credit agreement due to the Covid-19 Pandemic. This research is socio-legal research, a combination research method between doctrinal law research methods and empirical legal research methods. This research was conducted in banking institutions and financing institutions in Ambon City, namely at Bank Mandiri Ambon Branch Office, BCA Ambon Branch Office, Bank Artha Graha Ambon Branch Office, and BFI Limited Company Ambon Branch Office. The types of research data are primary data and secondary data, obtained through literature study and interviews. Based on the results of the research, the Covid-19 Pandemic is a non-natural disaster, so it is categorized as a relative overmacht, so the result of the comparative overmacht law in the credit agreement due to the Covid-19 Pandemic in Ambon City has not changed the risk burden in the sense that the Debtor still fulfills their achievements after the outbreak of Covid - 19 Pandemic is over. The legal effort that can be taken to settle credit agreements due to Covid-19 Pandemic in Ambon City is through credit restructuring in the form of lowering interest rates, extending the period, reducing principal arrears, and reducing interest arrears as determined by the government to be implemented by the bank or financing institutions with debtors.
The Employment Cluster of Omnibus Law: Embodiment the Concept of Nachtwakerstaat or Welfarestate? Anak Agung Gede Duwira Hadi Santosa; Kadek Agus Sudiarawan; I Made Marta Wijaya
Fiat Justisia: Jurnal Ilmu Hukum Vol 15 No 2 (2021)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v15no2.2219

Abstract

The presence of the omnibus law of the Employment Cluster of Job Creation Law haven’t consider to solve the crucial problems in the Manpower Law, but its further away from the purpose of the welfarestate concept  and leads to the purpose of the nachtwakerstaat. The aims of this research to determine position omnibus law of the Job Creation Law after it’s passed within in the scope of welfarestate concept or nachtwakerstaat concept and to analyse the construction of labour law concept in accordance to concept of welfarestate in the future. This research used a normative legal research method with a statute approach and elaborated with a legal concept analysis approach. The results show there are crucial problems in the Employment Cluster of the Job Creation Law such as the elimination of several principal provisions in Manpower Law that indicates the role and presence of the state in labour law is getting minimum and also the Job Creation Law point out many things that returned the agreement mechanism by the parties. This show that, Employment Cluster of the Job Creation Law tends to the nachtwakerstaat concept and far away from welfarestaat concept. The solutions of the issues by doingrevision to the Employment Chapter of the Job Creation Law by adjusted the welfarestate concept, alsorestore and strengthen the function of the government as a part of industrial relations as a regulator and supervisor
Environmental Corruption Prevention Policies Through Independent Agencies Mirnawanti Wahab; Rizki Ramadani
Fiat Justisia: Jurnal Ilmu Hukum Vol 15 No 4 (2021)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v15no4.2245

Abstract

This article aims to explain the patterns of corruption in the environmental sector (environmental corruption) and the possibility for Independent agencies to address them. Also, to initiate a better policy and supervision against environmental corruption in Indonesia. The research was carried out based on the normative legal method (library research) towards secondary data using a statutory, conceptual, and comparative approach. The results show that the main pattern of environmental corruption involves corrupt actors in bureaucratic institutions that cause weak environmental policies and supervision. The benefit of Independent Agencies with structural and personnel independence is expected to fill the gap in the old bureaucratic management and reduce corruption. The regulatory power of such agencies can also set more stringent environmental policy and supervision. Thus, there needs to be institutional reform in the environmental authorities for future policies by establishing an independent agency. The new agency must also have the power to formulate and enact policies in environmental management and give them authority to investigate and impose sanctions. We also recommend compiling a national strategic program in the form of work synergy between independent agencies in the environmental and anti-corruption sector.
The Agreement of Bank Cooperation with Agent in Providing Branchless Banking with The Realization of Inclusive Finance Etty Mulyati
Fiat Justisia: Jurnal Ilmu Hukum Vol 15 No 4 (2021)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v15no4.2269

Abstract

Expanding access to financial services is essential for all levels of society, considering that many community members still do not know, use, and get banking services and other financial services. Through Branchless Banking, banking products can be reached according to the community's needs to support financial inclusion. In implementing innovative banking practices, the banking industry collaborates with other parties, namely agents supported by information technology facilities. This innovation is carried out electronically and involves third parties outside the bank. In this case, the agent is very vulnerable to risk. The problem is the principle of prudence in the cooperation agreement and the bank's responsibility if the agent in implementing Branchless Banking services harms its customers. The approach method used is the normative juridical approach, which includes research on a positive legal inventory and legal principles and rules governing legal relations. The principle in the prudence of banks regarding cooperation agreements with agents provide Branchless Banking services to support the realization of financial inclusion. Banks are required to implement risk management effectively using information technology, Know Your Customer Principles and Anti Money Laundering, Customer Due Diligence, and in-depth analysis of the assessment of credit applications by debtor customers. The bank is responsible for compensating for the losses if the agent implementing the intelligent behaviour of services harms his customers, considering the agent is acting for and on behalf of the bank. Even though the bank has not made a mistake, the agent is an extension of the bank, 1367 of the Civil Code that a person will also be responsible for people's actions under his/her dependents or objects under his/her supervision.
Domestic Violence against Women in Indonesia: The Recent Domestic Violence Elimination Law Analysis Mahfud Mahfud; Rizanizarli Rizanizarli
Fiat Justisia: Jurnal Ilmu Hukum Vol 15 No 4 (2021)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v15no4.2276

Abstract

Even though Law Number 23 of 2004 concerning on the Elimination of Domestic Violence was promulgated fifteen years ago, the number of domestic violence against women has not significantly decreased. The Law has not set concrete actions that may fall under the domestic violence that can be punished, particularly in terms of sexual abuse psychological violence, and negligence in household towards women. This research aims to analyze domestic violence against women in this Law and the conducts that are considered to be domestic violence which is commonly found in daily life in Indonesia. A   purely qualitative research method encompassing document analysis of key documents in Indonesia and the Anti-Domestic Violence Law 2004 is adopted in this paper. The research reveals that This Law is particularly protecting women from household violence in Indonesia. The law has recognized physical violence, sexual violence, psychological violence, and negligence as sorts of domestic violence against women in household although it might find difficult to enforce the law when dealing with marital rape regarding lack of reports from victims and polygamy concerning circumstances that can be used to criminalize the perpetrators.
Meaning and Follow Up of Positive Fictional Decisions According to the Government Administration Law Syamsir Syamsu; Muhammad Alifian Geraldi Fauzi
Fiat Justisia: Jurnal Ilmu Hukum Vol 15 No 2 (2021)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v15no2.2297

Abstract

After enacting the Government Administration Law, there have been positive fictitious decisions, which are contrary to the negative fictitious decisions stipulated in the Administrative Court Law. It has led to an inaccurate understanding in some of the general public that a positive decision is the final form of a request from the public to a government agency or official being granted a decision and/or implementation of government action. This research uses normative legal research methods using a statutory approach and literature study. This study explains that the existence of positive fictional decisions does not necessarily eliminate the existence of negative fictional decisions.

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