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Constitutional Authority Based on the Constitutional Court Decision in Indonesia Iskandar Muda; Bintan R. Saragih; Ferry Edwar
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.v17no3.2636

At least there has been a development regarding the constitutional authority of the Constitutional Court in four ways based on its decision. It is also true that the Constitutional Court's decision is final and binding, but not in the sense of not being examined further. This study uses normative research methods. The results revealed four developments in the constitutional authority of the Constitutional Court in three ways: passive, active, and passive-active methods. Furthermore, it was also revealed; that there are also development efforts that have occurred more than once in the same matter. Therefore, in the future when the Constitutional Court decides on cases related to its authority, ideally by observing the limiting signs of the previous decision and considering the three basic characteristics of constitutional interpretation. Likewise, in the future there is another development regarding the constitutional authority of the Constitutional Court. In that case, it is appropriate to also pay attention to the three basic characteristics of constitutional interpretation.

Economic Security and Sharia Fintech Regulation in Indonesia: A Portrait of Strengthening the Sharia Business Ecosystem Adi Nur Rohman; Sugeng; Diana Fitriana; Widya Romasindah Aidy
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.v17no3.2919

The existence of sharia fintech will always be homework for the government. As one of the pillars of economic security, the development of sharia fintech still leaves various problems, especially regarding existing regulations. On the other hand, strengthening the sharia fintech business ecosystem in Indonesia provides a lot of homework to be done. This research is classified as normative legal research that applies a statutory approach regarding primary legal materials in the form of laws and regulations related to sharia fintech and other financial regulations. This study found that the Islamic economic master plan and the Indonesian Islamic financial architecture master plan do not represent the institutions and regulations for Islamic fintech as a sub-sector of Islamic finance that has the potential to develop further. To strengthen the sharia fintech business ecosystem, regulations from relevant authorities are needed that are in line with industrial needs. Strengthening regulations is expected to create a strong and stable economy and accelerate Islamic finance nationally so that Indonesia can become one of the financial centers in South East Asia Region and the world.

Constitutional Authority Based on the Constitutional Court Decision in Indonesia Muda, Iskandar; Saragih , Bintan R.; Edwar, Ferry
Fiat Justisia: Jurnal Ilmu Hukum Vol 17 No 3 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no3.2636

At least there has been a development regarding the constitutional authority of the Constitutional Court in four ways based on its decision. It is also true that the Constitutional Court's decision is final and binding, but not in the sense of not being examined further. This study uses normative research methods. The results revealed four developments in the constitutional authority of the Constitutional Court in three ways: passive, active, and passive-active methods. Furthermore, it was also revealed; that there are also development efforts that have occurred more than once in the same matter. Therefore, in the future when the Constitutional Court decides on cases related to its authority, ideally by observing the limiting signs of the previous decision and considering the three basic characteristics of constitutional interpretation. Likewise, in the future there is another development regarding the constitutional authority of the Constitutional Court. In that case, it is appropriate to also pay attention to the three basic characteristics of constitutional interpretation.

Establishing Regional Regulations for the Protection of Local Wisdom Febrianty, Yenny; Sriwidodo, Joko; Priyaldi, Priyaldi
Fiat Justisia: Jurnal Ilmu Hukum Vol 17 No 3 (2023)
Publisher : Universitas Lampung

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

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.

Economic Security and Sharia Fintech Regulation in Indonesia: A Portrait of Strengthening the Sharia Business Ecosystem Rohman, Adi Nur; Sugeng; Fitriana, Diana; Aidy, Widya Romasindah
Fiat Justisia: Jurnal Ilmu Hukum Vol 17 No 3 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no3.2919

The existence of sharia fintech will always be homework for the government. As one of the pillars of economic security, the development of sharia fintech still leaves various problems, especially regarding existing regulations. On the other hand, strengthening the sharia fintech business ecosystem in Indonesia provides a lot of homework to be done. This research is classified as normative legal research that applies a statutory approach regarding primary legal materials in the form of laws and regulations related to sharia fintech and other financial regulations. This study found that the Islamic economic master plan and the Indonesian Islamic financial architecture master plan do not represent the institutions and regulations for Islamic fintech as a sub-sector of Islamic finance that has the potential to develop further. To strengthen the sharia fintech business ecosystem, regulations from relevant authorities are needed that are in line with industrial needs. Strengthening regulations is expected to create a strong and stable economy and accelerate Islamic finance nationally so that Indonesia can become one of the financial centers in South East Asia Region and the world.

Alternative Insitutions on Dispute Settlement For Financial Services Sector (LAPS SJK) in Banking Disputes Ningsih, Ayup Suran
Fiat Justisia: Jurnal Ilmu Hukum Vol 17 No 3 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no3.2967

A dispute is a problem submitted by the Customer or Customer Representative to the bank mediation organizer, after going through the complaint resolution process by the Bank. When the customer feels that the problem is not resolved through Complaint to the Bank, a dispute is born here. Disputes between the Bank and the Customer are inevitable because of the legal relationship between the two. Dispute resolution solutions are carried out through litigation or court and non-litigation channels. One of the best steps in resolving disputes between banks and customers is through Mediation which is facilitated by the Alternative Insitutions on Dispute Settlement For Financial Services Sector/Lembaga Alternatif Penyelesaian Sengketa Sektor Jasa Keuangan (LAPS SJK). The purpose of writing this article is to examine the optimization of the role of mediation for banking disputes. The settlement process at LAPS for the Financial Services Sector is confidential. The term confidential here means that the announcement is not announced. It prioritizes a win-win solution. Therefore it is more comfortable for the parties. Ultimately there will also be able to maintain consumer confidence in the financial services sector.

Update on the Law Regarding the Control of Minimarket to Protect Small Retailers Indrajaya, Indrajaya; Tanzili, Mulyadi
Fiat Justisia: Jurnal Ilmu Hukum Vol. 17 No. 4 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no4.2996

The increase in the establishment of minimarkets has implications for micro and small business actors, including owners of grocery stores and stalls that sell goods similar to minimarkets. Whereas this business sector is the largest in contributing to the Indonesian national economy. One of the factors causing the increase in the establishment of minimarkets is the regulation made by the government in the form of laws, government regulations, presidential regulations and ministerial regulations that provide convenience in the establishment of minimarkets. Therefore, it is necessary to have legal arrangements in regulating the increase in the establishment of minimarkets in order to protect micro and small businesses. This Journal writing uses normative legal research methods using primary legal materials and secondary data obtained through library data. The results showed that there was an impact of the existence of minimarket outlets on the income of retail traders and grocery stores experiencing changes in income. the traders experienced a decrease in turnover and the amount of income per day. The implication becomes the basis for the formation of the concept of new rules in maintaining business balance as an effort to protect the business actors of Grocery Stores and Stalls from the rampant establishment of Minimarket in the form of a review of the articles related to the existence of Minimarket adjacent to residential areas and fill the legal vacuum related to the distance setting of Minimarket establishment with other Minimarket as well as restrictions on granting business licenses, setting working hours and setting administrative sanctions.

The Urgency of Job Loss Security Program for the Protection of Human Rights Lasatu, Asri; Surahman , Surahman; Awaluddin , Awaluddin; Lubis, Putri Mei; Jubair, Jubair
Fiat Justisia: Jurnal Ilmu Hukum Vol. 18 No. 2 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v18no2.3002

Jaminan Kehilangan Pekerjaan (JKP) or The Job Loss Security Program is a recent government initiative designed to enhance legal, economic, and social protection for workers affected by Termination of Employment. This program needs proper supervision for optimal contribution to the community well-being. This normative legal research used both statutory and conceptual methods to answer the central research question regarding the urgency of the JKP program in safeguarding human rights. The findings indicate that the JKP program significantly aids workers by providing financial support, facilitating access to labor market information, and enhancing skills through job training, thereby helping them meet their own and their families' needs.

Criminal Liability of Legal Entities Under Law Number 23/010 on the Congo Digital Code Kanowa, Obed Kongolo
Fiat Justisia: Jurnal Ilmu Hukum Vol. 17 No. 4 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no4.3005

The criminal liability of legal persons under Congolese law is not dismissed in the ordinary way. It is organized in particular by certain legal texts such as Ordinance-Law No. 23-010 of March 13, 2023 on the Congolese digital code. Thus, this study tends to determine, within the framework of this new legal text, the moral persons likely to engage their penal responsibilities, the conditions of bringing into play of this responsibility, the offenses of which the latter can commit, and finally to discuss their repressive regime. In addition to this, as part of this study, we have taken care to make some recommendations or suggestions to the legislator in order to clarify certain obscure points that we have detected in the aforementioned legal text.

Evolving the Concept of Default in Relation to Losses Arising from Standard Agreements for Bank Account Openings Sulaiman, Sepriyadi Adhan; Emirzon, Joni; Hamzah, Hamzah
Fiat Justisia: Jurnal Ilmu Hukum Vol. 17 No. 4 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no4.3015

This research examines the legal responsibility of banks as commercial service providers, which is primarily based on contractual obligations with consumers. While the foundation for customer claims against banks typically arises from breaches of these agreements, the Consumer Protection Law does not explicitly outline various forms of responsibility, resulting in numerous decisions by the Consumer Dispute Settlement Body being overturned by the Supreme Court. One significant issue is the law’s lack of provision for legal claims beyond tort. Using a normative methodology based on Law Number 8 of 1999 on Consumer Protection, this study underscores the need for a legal framework that emphasizes risk-based bank responsibility for losses stemming from standard agreements in opening bank accounts. This development is essential for strengthening consumer protection and achieving a balance between consumer interests and the rights of business actors, thereby promoting a healthier economic environment.

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Ahmad Syofyan

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ahmad.syofyan@fh.unila.ac.id

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Journal Mail Official
fiatjustisia@fh.unila.ac.id

Editorial Address
Ruang Jurnal, Gedung B, Fakultas Hukum, Universitas Lampung. Jl. Sumantri Brojonegoro No.1 Bandar Lampung. 35145. Indonesia

Location
Kota bandar lampung,

Lampung

INDONESIA

Abstract

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Ahmad Syofyan

Contact Email ahmad.syofyan@fh.unila.ac.id

Phone -

Journal Mail Official fiatjustisia@fh.unila.ac.id

Editorial Address Ruang Jurnal, Gedung B, Fakultas Hukum, Universitas Lampung. Jl. Sumantri Brojonegoro No.1 Bandar Lampung. 35145. Indonesia

Location Kota bandar lampung, Lampung INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Ahmad Syofyan

Contact Email
ahmad.syofyan@fh.unila.ac.id

Phone
-

Journal Mail Official
fiatjustisia@fh.unila.ac.id

Editorial Address
Ruang Jurnal, Gedung B, Fakultas Hukum, Universitas Lampung. Jl. Sumantri Brojonegoro No.1 Bandar Lampung. 35145. Indonesia

Location
Kota bandar lampung,

Lampung

INDONESIA