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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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Additional Legal Protection for Corruption Whistleblowers Fardiansyah, Ahmad Irzal; Farid, Muhammad; Diansyah P, Ramadani Fitra
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.v18no1.3273

Abstract

Corruption represents a breach of the economic rights of society, elevating it beyond mere criminality to the status of an extraordinary offense. Therefore, safeguarding the rights of individuals who report instances of corruption is necessary to ensure their protection. As law enforcement officers, Prosecutors hold the authority to provide legal protection to whistleblowers of corruption, as stipulated in Law Number 13 of 2006 concerning the Protection of Witnesses and Victims (LPSK). Among the various legal protections provided to whistleblowers, maintaining the confidentiality of their identity stands out as the utmost priority. This protection is crucial to ensure effective law enforcement. Hence, safeguarding whistleblowers is important, and to formalize this, law enforcement should be empowered to provide them with the necessary protection.
Integrating Social Rehabilitation into the Education System for Adolescent Drug Addicts: Legal Framework, Potential, and Challenges Alhakim, Abdurrakhman; Anakotta, Marthsian Yeksi; Febriyani, Emiliya; Tan, Winsherly
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.v18no1.3352

Abstract

Despite importance of education in overcoming drug addiction, the connection between the education system and the juvenile justice system remains unclear. Juvenile drug addicts often experience socially-disadvantaged situation, thereby social rehabilitation is an important aspect of recovery aside from medical rehabilitation. This research was performed to identify the challenges in social reintegration among juvenile drug addicts, describe the legal interplay between the relevant framework, and propose a model of legal development for the integration of social rehabilitation for juvenile drug addicts into the education system. Using normative legal research method and statutory approach, this research revealed numerous potentials and challenges in integrating social rehabilitation into the education system. A model consisting of normative reforms and practical framework of works is proposed to be applied by educational institutions and relevant government agencies. This research offers a vital step toward creating inclusive educational environments that prevent relapse and foster societal integration.
The Right to Manage Emergent Land on the Riverbank Amir, Latifah; Helmi, Helmi; Budhiartie, Arrie; Nuriyatman, Eko
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.v18no1.3356

Abstract

Management rights over emergent land on the banks of the Batanghari River Watershed in Penyengat Rendah District, Jambi City have been practiced by the local community for generations without formal ownership as of this study. This article examines the legality of land tenure under Indonesian law and the rights to manage land emerging along the Batanghari riverbanks, aiming to advise the local government on the crucial need for legal recognition of these rights. Utilizing an empirical research method involving direct community engagement, the study finds that community management of this land is driven by longstanding residency and utilization, the scarcity of available land for agriculture in Jambi City supporting the local economy, high land prices, and historical reliance on riverbank land use. Despite continuous management, these activities lack permanent legal status as outlined in Article 16, Paragraph (1) of the Basic Agrarian Law.
Compulsory Licensing in Intellectual Property Rights (IPR): Current Application and Future Prospects in Indonesia Sahlan, Sahlan; Nurman, Ilham; Uddin, Abdul Karim; Daeng Kunu, Andi Bustamin
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.v18no2.3399

Abstract

The implementation of Compulsory Licensing in the procurement of anti-retroviral drugs to combat the HIV/AIDS epidemic, which poses a significant threat to Indonesia and global public health, exemplifies the essential necessity and utility of this concept. Compulsory Licensing is pivotal not only for community health but also for advancing Intellectual Property Rights (IPR) law. This research aims to explore the future prospects of Compulsory Licensing and propose regulatory reforms in Indonesia. Utilizing a normative juridical approach, the study concludes that Compulsory Licensing holds strong potential as a countermeasure and in balancing rights and obligations. It underscores the critical need for a robust regulatory framework to support its effective application and growth. Future enhancements, such as allowing appeals against government compensation determinations through judicial review, could bolster acceptance and ensure the sustainability of this concept.
The Theory of Fairness with Integrity in Indonesia’s Electoral Justice System Raden, Sahran
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.v18no2.3432

Abstract

This paper describes the concept of a fairness theory of justice with integrity applied in elections in Indonesia, drawing on the transformation of John Rawls' fairness theory. This theory is employed to examine various components of the electoral legal framework, focusing on the technical implementation of elections and the resolution of electoral disputes to achieve electoral justice in Indonesia. The research utilizes normative legal methodology, characterized by dogmatic legal analysis and theoretical-rational reasoning, employing a logical-deductive approach. It constructs the facts of electoral justice through an extensive review of legal literature and relevant data sources concerning the electoral process in Indonesia. The study addresses electoral practices as instruments of popular sovereignty, highlighting dissatisfaction among stakeholders regarding the election process. The theoretical variables associated with fairness with integrity are critically analyzed for their applicability in fostering electoral justice in Indonesia, emphasizing that a fundamental aim of electoral law enforcement is to ensure the realization of electoral justice.
The Role of Religion in Policies of Legal Village-Owned Enterprises to Improve the Economic Rights of Village Communities Ferricha, Dian
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.v18no2.3606

Abstract

In the context of village development in Indonesia, BUM Desa is an important instrument for enhancing the economic welfare of village communities. However, many villages have not fully utilized the potential of BUM Desa due to the lack of integration between religious values and economic policies. Therefore, this study seeks to explore how the application of religious principles can influence BUM Desa policies and contribute to improving the economic rights of village communities. Data collection techniques included in-depth interviews with BUM Desa administrators, village officials, and local religious figures in several villages that have implemented religious-based policies in BUM Desa management and participatory observation, while data analysis was carried out through content analysis and thematic analysis methods to identify key themes in the data. The importance of understanding the relationship between religion and economic policies at the village level, especially in the context of BUM Desa, which have the potential to be the driving force of the local economy. This study involve how religious principles can be integrated into the legal framework for managing BUM Desa to ensure that the economic rights of village communities are fulfilled fairly and sustainably. This study shows that the integration of religious values into BUM Desa policies has significant potential to improve the economic rights of village communities. By prioritizing the principles of justice, shared welfare, and social responsibility rooted in religious teachings, BUM Desa can be more effective in achieving its economic and social goals. This study provides important insights for village policymakers in formulating inclusive and sustainable strategies to advance the village economy.
Implementation of Asymmetrical Decentralization In Papua: Relevance to Demands and Problems Angela, Deni; Nursadi, Harsanto
Fiat Justisia: Jurnal Ilmu Hukum Vol. 18 No. 4 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v18no4.3474

Abstract

This research aims to analyze the implementation of asymmetric decentralization in Indonesia with the case study of Papua. Efforts to end the conflict in Papua are a priority for the Indonesian government. This research uses qualitative research methods packaged in a normative legal approach, including historical and legal approaches as primary sources for research. Based on the special autonomy law, there’s potential and equitable development through articles that provide opportunities for Indigenous Law 2/21. Because several changes lead to equality and the elimination of inequality. However, in practice, asymmetric decentralization can possibly become a problem, especially regarding the threat of conflict due to expansion and acts of corruption, collusion, and nepotism. In practice, several indicators have not been able to provide a solution to the separatism movement in Papua, especially regarding the peace agreement. The Implementation of special autonomy has not been a complete solution. Meanwhile, in the relevance of special autonomy, Law 2/21 sporadically has been by the requests represented DPRD included in the expense of discrimination and development allocation. However, in several demands, the Indonesian government has not been able to answer one of which is dialogue and openness of journalistic activities.
Ulul Albab’s Paradigm Approach to Post-Conventional Legal Culture of Consumers in Indonesia Al Munawar, Faishal Agil; Firdaus, Dwi Hidayatul; Musataklima, Musataklima
Fiat Justisia: Jurnal Ilmu Hukum Vol. 18 No. 3 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v18no3.3508

Abstract

Consumer empowerment in Indonesia, continues to require improvement despite the enactment of Consumer Protection Law Number 8 of 1999, twenty-three years ago. This situation raises questions about why consumer empowerment remains low, its implications for consumer protection, and strategies for reconstruction based on the principles of Ulul Albab. The ulul albab approach to understanding consumer culture and consumer protection in Indonesia emphasizes the importance of integrating knowledge, ethics, and spiritual values. Ulul albab is an Islamic concept referring to individuals who possess deep understanding, wisdom, and critical thinking abilities and who connect rational thought with spiritual awareness. From the ulul albab perspective, consumer culture is viewed not only from a materialistic standpoint or the fulfillment of worldly needs but also from moral and spiritual dimensions. To explore these inquiries, a socio-legal research methodology that integrates sociological, statutory, and conceptual approaches is utilized. Legal materials, including primary, secondary, and tertiary references, contribute to both primary and secondary data. The research findings highlight several critical points. Firstly, the limited empowerment in Indonesia's consumer legal culture is the government's temporary emphasis on consumer education, primarily through socialization. Furthermore, there is a disparity between consumer protection institutions and public, exacerbated by the concentration of LPKSM in urban areas where advocacy often supersedes efforts aimed at empowerment. Secondly, the impact of a weak consumer legal culture on consumer protection is evident in insufficient measures for consumers to safeguard themselves, both preventatively and correctively. Thirdly, the proposed reconstruction of Indonesia's consumer legal culture based on the Ulul Albab paradigm aims to empower consumers through tarbiyah ulul albab, cultivating individuals with comprehensive knowledge, strong moral values, and a robust social conscience.
Determining Temporary Rates for Hospital Health Care Services: An Affirmative Policy Approach Triono, Agus; Sumarja, FX.; Fakih, Muhammad
Fiat Justisia: Jurnal Ilmu Hukum Vol. 18 No. 3 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v18no3.3553

Abstract

This research examines the enforcement of the Hospital Director's decision regarding temporary service rates and the authority of the temporary regent to establish these rates within the hospital setting. Employing a normative legal research methodology, the study utilizes both statutory and case approaches at the Regional General Hospital dr. H. Bob Bazar, SKM, in South Lampung Regency, and analyzes the findings descriptively and analytically. The results indicate that the Hospital Director's decision concerning the determination of temporary tariffs is valid until a regional head regulation is issued. In cases where the regional head is unable to fulfill their duties, the temporary regional head is empowered by the Regional Government Law to implement policies related to hospital rates. These actions taken by hospital directors and temporary regional heads are considered affirmative policies aimed at serving the community. However, it is crucial to impose limits on this authority, as legislative approval is necessary to impose costs on the public.
Legal Framework for Minimizing Electoral Barriers to Women's Representation in Indonesian Elections Widjiastuti, Agustin; Kartiko, Nafis Dwi
Fiat Justisia: Jurnal Ilmu Hukum Vol. 18 No. 3 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v18no3.3556

Abstract

This research aims to develop a legal framework that enhances the regulation of women's representation in politics and elections in Indonesia, employing a normative-dogmatic juridical method. The study assesses relevant legal principles and regulations, including the 1945 Constitution and the Election Law, through both statutory and conceptual approaches. The findings indicate that certain provisions, particularly Article 8, paragraph (2) of PKPU Number 10 of 2023, may diminish women's representation below the established minimum threshold, which contradicts constitutional mandates and superior legal frameworks. These results underscore the critical need for reforming electoral regulations to align with principles of gender equality and justice. The theoretical implications of this research contribute to a deeper understanding of how legal structures impact women's political participation, while the practical implications highlight the urgent necessity for revising electoral policies to effectively enhance women's representation. Furthermore, this study paves the way for future research to comparatively analyze the effectiveness of different electoral regulation models in promoting women's representation across diverse political contexts.

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