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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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Indian Legal Framework on the Right to Privacy in Cyberspace-Issues and Challenges Manjula Raghav; Sanjana Sharma Marwaha
Fiat Justisia: Jurnal Ilmu Hukum Vol 17 No 1 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no1.2667

Abstract

Right to privacy is nowhere cited in the Constitution of India in any specific and express words. However, this right is culled from Article 21 read with Directive Principle of State Policy by the judiciary. It is to be noted that like other fundamental rights, right to privacy is not an absolute right. Privacy is not just confined to some specific place or domain.  But recent developments in technology and internet usage has rapidly exposed privacy to potential threats. On the one hand, technology has provided endless possibility to human beings of development but on the other hand, it has posed numerous challenges in front of us.  Unreasonable interference upon person’s domain, disclosure of personal information, misappropriation of some one’s identity, hacking, digital stalking etc. will lead to violation of privacy. The present paper discusses the relationship between privacy and the increasing usage of technology. In this regard, protection provided by Indian laws as well as international instruments will be discussed to protect privacy right in digital world. After discussing issues and challenges, viable solutions will be discussed at the end of the article.
Establishing Regional Regulations for the Protection of Local Wisdom Yenny Febrianty; Joko Sriwidodo; Priyaldi Priyaldi
Fiat Justisia: Jurnal Ilmu Hukum Vol 17 No 3 (2023): Issue In progress (July 2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no3.2708

Abstract

Local governments structure legislation into a policy rule regarding the protection of local wisdom that must be carried out due to globalization. Globalization is something that cannot be avoided. Its influence can become a problem or negatively impact fading cultural identity if the community wrongly addresses it. This is different if the community and local government can respond positively to globalization because this can increase the community's cultural identity. This paper focuses on the study of how local government policies maintain cultural traditions as a pearl of local wisdom? and what is the paradigm of the local government in establishing regional regulations regarding the protection of local wisdom. The approach method utilized is a socio-legal or socio-juridical approach. This research was carried out in the city of Pariaman, West Sumatra. The research data, both primary and secondary data, were analyzed qualitatively. Based on the research result, the concrete paradigm of the Regional Government in protecting the values of local wisdom is a regional legislation on safeguarding indigenous culture as a Pariaman community's local wisdom. It can be interpreted that the Regional Regulation is a concrete agreement towards the ideal concept of protecting local wisdom in the Pariaman community. The ideal concept seen from the substantive values of protecting Local wisdom's worth in the Pariaman community must be founded on sociological, philosophical, and legal considerations. These three factors prioritize or rank the values within this local wisdom.
The Role of the ILO in Resolving Violence Against Indonesian Crew on Fishing Vessels Yordan Gunawan; Andi Pramudya Syamsu
Fiat Justisia: Jurnal Ilmu Hukum Vol 17 No 1 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no1.2724

Abstract

In response to reports that seafarers on fishing boats in different parts of the world were being forced to work, the International Labor Organization (ILO) created and adopted ILO Convention No. 188 of 2007. It sets rules for dangerous work in the large fishing industry. It also covers the protection of crew on fishing vessels from exploitation and injury while doing work. Protection of crew on fishing vessels is essential due to acts of violence against Indonesian workers on fishing vessels owned by China and Taiwan that resulted in many Indonesian workers losing their lives. The purpose of the research is to find out the role of the ILO and the Government of Indonesia as the country of origin of crew fishing vessels in solving the problem of violence against crew fishing vessels. The study uses qualitative research methods by collecting information from relevant sources such as conventions, journals, legal texts, and other works related to the main research topic. While Indonesia has a law on the protection of migrant workers and has adopted the ILO Convention 111 concerning Discrimination in Respect of Employment and Occupation, neither are sufficient to address the issue. Thus, the role of the ILO is urgently needed to work hand-in-hand with all countries in the world to deal with this problem globally and encourage member states to ratify ILO Convention 188 especially Indonesia, since Indonesia is the biggest archipelagic country where most of the people are fishermen and crew on fishing vessels belonging to other countries.
Symphony and Maintenance of Seized Ships: Experimenting U.S Maritime Court’s Practice in Nigeria Abdulrazaq Owolabi Abdulkadir; Saheedat Owolabi Lawal
Fiat Justisia: Jurnal Ilmu Hukum Vol 17 No 2 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no2.2774

Abstract

Maintaining and managing a seized ship is an important aspect of the Maritime Industry globally. In countries like the United States, measures have been put in place to ensure that when ships are seized in lieu of a maritime proceeding, such ships are adequately managed and maintained for that period. In contrast, when a ship is seized in Nigeria, there is little to no guarantee that the vessel will be maintained efficiently by the body responsible for its management. It is therefore essential to investigate the reason for such lack of guarantee and how it can be solved to improve the state of affairs in the country’s maritime sector. This research adopted a doctrinal method of research through analysis of statutory provisions as well as cases to use the power of reasoning to collect data from the use of Law textbooks, articles in journals, and various online resources. This paper aims to is to discuss the instances where states can seize ships, the procedure of arrest in Nigeria, forfeiture of ships and make a comparison to the procedure adopted in the Maritime Sector of the U.S, the challenges faced by the Nigerian Maritime Sector and recommendations on how ships can be better maintained through the establishment of Maritime or Admiralty Court and the posting of a bond by the owner of a seized ship for its release pending the determination of the maritime proceedings in court as practice in the US.
Legal Discourse on Customary Forest Determination Progressive Law Based Candra Perbawati; Malicia Evendia; Ade Arif Firmansyah; Yulia Neta
Fiat Justisia: Jurnal Ilmu Hukum Vol 17 No 1 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no1.2815

Abstract

Customary forests are an integral part of the life of indigenous and tribal peoples. MK Decision No. 35/PUU-X/2012 is a progressive step stipulating that customary forests are no longer part of State forests. However, after the decision, there is still a long process that the Indigenous Peoples must pass to obtain their rights. This article aims to describe the legal discourse in determining the customary forest. Using doctrinal research methods as well as statutory and conceptual approaches, it was found that: The designation of customary forests is an important matter in the context of implementing the constitutional rights of customary law communities that existed even before Indonesia was established as a sovereign country. The long and procedural process of establishing customary forests requires the support of the regional government through various progressive policies to create indigenous peoples who are sovereign over their customary forests. With the legal credo for humans, progressive law offers an approach that can become the basis for the realization of legal policies for establishing customary forests in the regions.
Application of Sharia Principles in Sharia Financial Institutions Fadia Fitriyanti; M. Fabian Akbar; Andi Pramudya Syamsu; Reksa Fikri Nurhaifa
Fiat Justisia: Jurnal Ilmu Hukum Vol 17 No 2 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no2.2849

Abstract

This study analyzes related to Islamic Financial Institutions (LKS). Which currently exists and is growing quite rapidly. There have been numerous variations of LKS throughout Indonesia, including Islamic institutions. LKS is a financial institution that operates following Sharia law. LKS, a financial institution with Sharia principles, was originally present as an option and a solution for Muslims who want to avoid the practice of conventional banks or financial institutions. LKS was originally offered as a sharia-compliant financial organization for Muslims who want to escape the practice of banks or traditional financial institutions that use the interest system, but they can also be a choice for non-Muslims. Therefore, there are problems why the application of Sharia principles by LKS is an urgent problem and what are the conditions for applying Sharia principles by LKS. The research method used is normative legal research with a case approach. The study results indicate that the LKS organizer is expected to have a vision in which the LKS remains in the principles of Sharia.
Disharmony of Sirri Marriage Registration Regulation on the Family Card (Analyzing The Ministry of Interior Affairs’ Regulation No. 9/2016) Lathifah Munawaroh; Ahmad Munif; Ahmad Rofiq
Fiat Justisia: Jurnal Ilmu Hukum Vol 17 No 1 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no1.2851

Abstract

The Regulation of the Minister of Interior Affairs of the Republic of Indonesia No. 9 of 2016 concerning the Acceleration of Coverage of Birth Certificate Ownership, in article 4 numbers 2 and 3, allows birth certificate applicants who cannot meet the requirements in the form of a marriage certificate, to get a solution still recorded in the family card by attaching the statement of absolute responsibility, called SPTJM, truth as husband and wife with the editorial status written in the family card "unregistered marriage." A breakthrough that invites controversial experts. On the one hand, contrary to Marriage Law No. 1 of 1974, on the other hand, the government wants to guarantee the right of every citizen to be registered so that administration is orderly. Through a qualitative method with a normative juridical approach, this study shows that the registration of marriages on the marriage certificate and family card aligns with the concept of maqāṣid sharī'ah. This recording also aligns with the principles of sadd al-ḍarī'ah, qiyās, and maslahah mursalah. Meanwhile, the apparent disharmony between marriage registration regulations and population administration records is also in line with the provisions of Islamic law. However, the Population Administration Registration Regulations make registering Sirri marriages a database to be followed up with mass marriage isbāt. The last door to register and legalize the marriage contract.
The Urgency of War Crimes Regulation in Indonesian Criminal Law Desia Rakhma Banjarani; Febrian Febrian; Mada Apriandi Zuhir; Neisa Angrum Adisti
Fiat Justisia: Jurnal Ilmu Hukum Vol 17 No 2 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no2.2859

Abstract

Indonesia has Law Number 26 of 2000 concerning the Human Rights Court or the Law on Human Rights Courts, similar to the Rome Statute. However, this law does not regulate war crimes, while the Rome Statute specifically regulates war crimes. Meanwhile, the perpetrators of war crimes must be tried at any time because those crimes do not know the expiration date. Meanwhile, the perpetrators of war crimes must be tried at any time because those crimes do not know the expiration date. It is the background of this research that the problem will be discussed: How are war crimes provisions in humanitarian law and international criminal law? Why do war crimes need to be regulated in Indonesian criminal law? This type of research is normative juridical research with a statute approach through qualitative descriptive analysis. The results of this study show that the regulation of war crimes is governed by humanitarian law and international criminal law. In humanitarian law, war crimes are regulated in the 1907 Hague Convention, the 1949 Geneva Convention, The Declaration on the Protection of Women and Children in Emergency 1974, and Additional Protocol II Geneva Convention 1977. Meanwhile, international criminal law regulates the responsibility of war crime perpetrators in the IMT Charter 1945, IMTFE Charter 1946, the 1993 ICTY Statute, the 1994 ICTR Statute, and the 1998 Rome Statute. The urgency of regulating war crimes in Indonesian law is due to four aspects: 1) Indonesia has ratified the 1949 Geneva Convention. 2) No regulations in Indonesia regulate war crimes, even in the 2023 Criminal Code. 3) Indonesia is part of the international community. 4) Law enforcement armed conflict cases in Indonesia is unresolved.
Transparency in Plantation Sector: Access of Cultivation Rights Title Document Herry M. Polontoh
Fiat Justisia: Jurnal Ilmu Hukum Vol 17 No 2 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no2.2896

Abstract

The research aimed to analyze the implementation of the principle of transparency by the National Land Agency to access cultivation rights title documents in the plantation sector. It is empirical legal research. It was conducted at the Office of the National Land Agency of Gorontalo district, Gorontalo province, Indonesia. The results show that the principle of transparency of cultivation right title by the National Land Agency had yet to be implemented as instructed by the judge in the Decision of Supreme Court No. 121 K/TUN/2017. It is caused by the consideration of the National Land Agency that the document of right cultivation title is included in an undisclosed document; hence, if it is public, it violates the company's privacy provisions and applicable regulations. The implementation of the principle of transparency by the National Land Agency to access cultivation right title documents in the plantation sector have yet to be effective because it is influenced by the attitude of professionalism of the National Land Agency, which exercises its duties as applicable regulations.
Reinstatement of National Guidelines of State Policy Within Indonesian Presidential System: The Possibility Muhtadi Muhtadi; Zulkarnain Ridlwan
Fiat Justisia: Jurnal Ilmu Hukum Vol 17 No 2 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no2.2909

Abstract

Placing the National Guidelines of State Policy (GBHN or PPHN) made by the People's Consultative Assembly (MPR) as a guideline for the President can potentially reposition MPR above the President. Such an idea of a state has been implemented in Indonesia for no less than 54 years (1945-1999). This paper aims to analyze the basic characteristics of the presidential system and assess the compatibility of PPHN with the presidential system, with the novelty which then offers a model for pouring PPHN into laws and regulations that align with Indonesia's presidential system. Based on the conceptual and theoretical approaches, it can be concluded: First, the basic character of a presidential system is to separate the legislature from the executive, so no accountability mechanism puts the President down as subordinate to the legislature. PPHN implementation can shift this separation towards an accountability model, a feature of a parliamentary system. Second, PPHN can be re-enforced in a presidential system, with the prerequisite that no accountability mechanism puts the President under MPR. Third, pouring PPHN into the form of a Law replacing the RPJPN Law will be more relevant to avoid a government system shifting. However, providing a checks and balances mechanism for the President through the House of Representatives' budgetary rights is still necessary.

Page 59 of 66 | Total Record : 655

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