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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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The Impact of Regulating Inadequate Local Tax Types on Fiscal Independence Muja'hidah, Muja'hidah; Syamsuddin, Adiesty S. P.
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.v17no4.3049

Abstract

This study examines the impact of regional autonomy on fiscal independence, particularly through the ability of local governments to generate revenue without reliance on the central government. Effective governance requires a sustainable budget, and Law Number 1 of 2022 on Financial Relations Between the Central and Local Governments grants local governments the authority to impose taxes. However, the law restricts local governments to collecting only specified types of taxes, which must be established through local regulations (*Perda*), and prohibits the introduction of new tax types. The selection of tax types is contingent upon the existence of tax objects with sufficient potential to contribute to Locally-Generated Revenue (LGR) and enhance fiscal independence. This study aims to analyze the regulation of local tax types for autonomous regions and assess the implications of insufficient tax potential on fiscal decentralization. Utilizing a normative-juridical approach, with legislative, conceptual, and historical perspectives, the findings indicate that inadequate tax objects undermine fiscal decentralization by failing to significantly increase PAD. Consequently, a feasibility study is recommended to assess the potential of local taxes before their inclusion in regional regulations.
The Implication of the Divorce of Unregistered Marriages for Divorcees’ in Bali: Assessing Status, Right and Duty Sujana, Nyoman
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.v17no3.3096

Abstract

This paper analyzes the settlement of palas marabian or divorce cases in Bali. This study focuses on the implication of the settlement of divorce cases settled by the Balinese Customary Law and the National Marriage Law, especially for those whose marriages have not been registered. By using the sociological jurisprudence study method, a method emphasizing the study of the law applied in a particular society, it could be explained that the divorce of the married couple whose marriage was not registered got difficulty in obtaining legal certainty from the authority of their village or Banjar. This was due to the disharmony on the rules of the Balinese customary law and state law of Indonesia. The Leaders of the traditional villages in Bali who carried out the awig-awig (the customary law of the traditional village) could not make any settlement process sine there was no decision from the court of permanent legal force (state law). On the other hand, state law implemented by court judges would not be able to accept the divorce claim if the marriage of the couple was not registered, even though the marriage was carried out and proved according to custom and religion process. As a result, the justice seekers could not get legal certainty. This condition brought implications for the divorcees’ social lives.
Anti-Corruption Village: A Solution to Preventing Crime of Corruption and Good Governance in Village Candra, Septa; Fernando, Zico Junius
Fiat Justisia: Jurnal Ilmu Hukum Vol. 18 No. 1 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v18no1.3110

Abstract

Anti-corruption village is a concrete manifestation of community participation in preventing criminal acts of corruption. Therefore, this research aimed to eradicate corruption in Indonesia from village level serving as an important indicator and responsible for large amounts of funds. By establishing anti-corruption village, funds were more accountable for optimal development. Meanwhile, doctrinal legal research using primary, secondary, and tertiary legal materials was adopted with statute, conceptual, comparative, and futuristic methods. A descriptive-prescriptive nature was used with the examination of the data or materials through content analysis. The results showed that anti-corruption village program initiated by Corruption Eradication Commission (KPK) disseminated the importance of building integrity and anti-corruption values among government and village community. Additionally, this program functioned as a pilot project to prevent corruption and oversee the development of village community.
Analysis of Hate Speech in the Perspective of Changes to the Electronic Information and Transaction Law Hidayat, Defril; Firmanda, Hengki; Wafi, Mahmud Hibatul
Fiat Justisia: Jurnal Ilmu Hukum Vol. 18 No. 1 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v18no1.3146

Abstract

This study aimed to assess the effectiveness of hate speech rules concerning changes in electronic transaction information policies. It further used normative legal study which included the process of identifying legal rules, principles, and doctrines to address the constitutional issues. The results showed that the amendments from the 2008 ITE Law to the 2016 ITE Law did not adequately the basic problems. Furthermore, certain forms of hate speech rules were observed in the ITE Law, particularly in Article 27 paragraph (3) and Article 28 paragraph (2). These rules were unclear benchmarks used in assessing social media posts as hate speech, defamation, or criticism and opinion from an individual about a problem. Therefore, making improvements through legal reform was essential to ITE Law, specifically Article 27 paragraph (3) and Article 28 paragraph (2). The amendments were necessary to develop good legal certainty for the community. The government should further make legal comparisons with other countries to identify the best regulatory framework for the community.
Cross border of Jurisdiction between Arbitration and District Court in Business Dispute Settlement under the Indonesian Legal System Fakhriah, Efa Laela; Afriana, Anita
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.v17no3.3175

Abstract

In principle, the settlement of business disputes in Indonesia can be done amicably either through the court or outside the court. The court proceeding usually takes a long time, impacting overall case costs in comparison to dispute settlement outside the court. Arbitration as an alternative dispute resolution offers advantages compared to mediation, conciliation, and negotiation as it has an identical adjudicative nature to court proceedings. Therefore, arbitration is the preferred method for settling business disputes due to its perceived effectiveness and efficiency, resulting in win-win solutions. In addition, within the Indonesian legal framework, arbitration closely parallels court proceedings for dispute resolution, and its decisions carry the same level of binding authority and enforceability. This article relies on secondary data analyzed using a qualitative-juridical method to examine the jurisdiction of district court and arbitration. The findings reveal that arbitration has absolute jurisdiction when there exists an arbitration clause or an underlying arbitration agreement, thereby excluding the jurisdiction of the district court.
The Establishment of Village Regulations in the Context of Village Democratization Neta, Yulia; Budiyono, Budiyono; Firmansyah, Ade Arif; Evendia, Malicia
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.v18no2.3204

Abstract

The enactment of Law Number 6 of 2014 concerning Villages introduces a distinct dimension to the democratization process within villages, emphasizing recognition and subsidiarity that portrays villages not merely as geographic entities but as integral parts of their socio-cultural communities. Currently, the formulation of village regulations as a manifestation of village autonomy remains a stagnant process. This article aims to critically examine the development of village regulations within the framework of village democratization, employing doctrinal research methods alongside statutory and conceptual approaches. Findings reveal that village regulations constitute a subset of statutory regulations, incorporating provisions from higher-level frameworks while embodying community participation grounded in village-specific authority and rights. The transformation prompted by Law Number 6 of 2014 enhances the scope for village democratization, influencing the formulation of regulations that must meet both substantive and procedural requirements, thus presenting villages with opportunities and challenges in realizing local democratization effectively.
Internalizing Animal Welfare Norms: Legal Frameworks for Protecting Animals from Mistreatment Setiabudhi, Donna Okthalia; Irwansyah, Irwansyah; Yunus, Ahsan
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.v17no4.3205

Abstract

This study examines the critical dimensions of animal welfare, focusing on the impact of various situations and environments on animals from their perspective. Neglecting animal welfare, especially for livestock and slaughter animals, can lead to fear, stress, and pain during essential processes such as transportation, marketing, and inadequate provision of feed and water. Utilizing a socio-juridical approach, the research centers on North Sulawesi Province, where certain animal slaughter practices have been criticized for their cruelty on an international scale. The findings suggest that effective animal protection to ensure welfare can be realized through the establishment of specific laws and regulations that comprehensively address animal protection issues. Such regulations are necessary to prevent legal disharmony and mitigate multiple interpretations by enforcement officials. Moreover, it is crucial to recognize animals as subjects capable of transmitting diseases rather than mere objects of disease transmission, particularly concerning zoonotic infections affecting humans. In Indonesia, the primary factors contributing to inadequacies in animal protection include insufficient sanctions for violations and a lack of knowledge and understanding among law enforcement officials.
The Role of Investigators in Collecting Evidence Using Sniffer Dogs (K9) Against Narcotics Crimes Amrullah, Rinaldy; Sihite, Nurul Riskia Safitri
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.v17no4.3229

Abstract

The use of sniffer dogs (K9) to assist police in collecting evidence related to narcotics crimes is grounded in the principle that investigators are permitted to employ all lawful means in the pursuit of their duties to uncover criminal offenses. This research adopts both normative and empirical juridical approaches, revealing that the role of investigators in utilizing K9 units encompasses normative, ideal, and factual dimensions. However, several factors inhibit investigators from effectively executing their roles in this capacity, notably the limited regulatory framework governing the use of sniffer dogs, which is confined to the Decree of the National Police Chief No. Pol: SKEP/251/IV/2004 and No. Pol: SKEP17/X/2011. There is a pressing need for a comprehensive legal basis that explicitly regulates the validity and utilization of these laws. Furthermore, challenges related to law enforcement personnel are significant, particularly the shortage of police officers trained as K9 handlers at Polda Lampung. Infrastructural issues, including suboptimal health management of the K9 units, particularly the sniffer dogs, also hinder effective operations. Addressing these factors is crucial for enhancing the role of K9 units in narcotics investigations.
Appointing Constitutional Court Justices with Statesman Qualification through Transparent Selection Mechanism Satriawan, Iwan; Erianto , Hanifa
Fiat Justisia: Jurnal Ilmu Hukum Vol. 18 No. 1 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v18no1.3240

Abstract

There is an unclear definition regarding the qualification of a statesman in the candidacy of Constitutional Court Justices. In addition, no assessment is used to search for those who qualify as statesmen. This study aims to determine the nature and characteristics of statesmen as an indication of the selection mechanism of Indonesian Constitutional Court Justices and evaluate whether the selection mechanism may produce justice with statesman qualification. The research method is normative and empirical legal research, which uses philosophical, historical, conceptual, and statute approaches. The result shows that the concept and nature of statesmanship as a requirement for Constitutional Court Justices is based on the Republic of Indonesia's Constitution and the Constitutional Court Law, which states that Constitutional Court Justices must meet the requirements such as integrity and impeccable personality, fair; and statesman who control the Constitution and state administration. However, the recruitment procedure is excessively more political and unstandardized. Therefore, the current mechanism for selecting Constitutional Court Justices may not generate Justices with statesman-like behavior. The research recommends that in the future, the selection mechanism of the Constitutional Court Justices needs to be reconstructed to produce Justices with statesman qualifications by having a more transparent procedure.
The Effectiveness of Legal Aid Standards for Suspects in the Indonesian Criminal Justice System in Achieving Access to Justice Tri Utami, Nurani Ajeng; Oktobrian, Dwiki; Dwi Cahyani, Enny; Turnip, Gebi Emada; Safitri, Fadia Rahma
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.v18no2.3249

Abstract

The implementation of legal aid service standards, as outlined in Regulation No. 4 of 2021 by the Minister of Law and Human Rights of Indonesia, was expected to enhance the quality of legal aid services. However, in reality, suspects continue to experience inconsistent access to their rights, especially within the criminal justice system. This study aims to investigate the application of these standards across the police, prosecutor's office, and court sectors. Employing an empirical juridical approach with a qualitative and comparative study method, data was gathered through interviews and literature review, then analyzed using content and comparative analysis techniques. The findings reveal that the enforcement of legal aid service standards in the criminal justice system has been ineffective, marked by frequent violations of suspects' rights. These violations include providing indirect assistance, inadequate representation at various stages of trials, appointing advocates not affiliated with accredited LBH (Legal Aid Institute), and advocates displaying insufficient responsiveness and engagement in assisting suspects. Such violations significantly hinder suspects' access to justice within the criminal justice system.

Page 61 of 66 | Total Record : 655

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