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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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Analysis of Interfaith Marriage Legality in Indonesia and South East Asia Countries Kurniawan, Itok Dwi; Septiningsih, Ismawati; Nuryadi, Muhammad Hendri; Santos, Jose Gama
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.v18no3.3573

Abstract

Interfaith marriage in Indonesia is still a problem in Indonesia which is supported by multiple interpretations of regulations. The author in this article will discuss the analysis of interfaith marriage in Indonesia after the issuance of SEMA Number 2 of 2023. This article was made with the aim of analyzing and comparing regulations in Indonesia with other countries. The results of the study show that after the issuance of SEMA, the practice of interfaith marriage still occurs in Indonesia, which is also supported by the lack of government firmness in establishing the applicable regulations.
Challenging Impunity: Colombia and Nicaragua's Intervention in the Israeli Genocide Case at the ICJ Gunawan, Yordan; Prameswari, Elfa Rheanna; Himmaturrahmah, Himmaturrahmah
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.v18no4.3593

Abstract

In 2023, Colombia and Nicaragua intervened in cases where Israel was accused of genocide. These interventions challenge the principle of impunity often enjoyed by powerful states. Colombia and Nicaragua have taken a stand against perceived injustices and sought to influence the course of the international legal process. This research used normative research methods, namely international law literature, legal documents, and previous ICJ decisions. This article analyzed the legal basis of the intervention and its impact on international law enforcement efforts related to genocide. This analysis is expected to contribute to the ongoing discussion in international law, particularly regarding state responsibility for the crime of genocide. This case challenges the practice of impunity in international law, particularly in relation to state actions deemed to violate human rights on a mass scale. This research also contributes to our understanding of the role of the ICJ in dealing with allegations of genocide, as well as the importance of small and medium-sized state interventions in fighting for international justice.
Neglecting Transparency in the Qur'an Recitation Test for Legislative Candidates in Aceh Karim, Zahlul Pasha; Muazzinah, Muazzinah; Bantasyam, Saifuddin; Efendi, Sumardi
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.v18no4.3626

Abstract

This research examines the neglect of the principle of transparency in Qur'an literacy tests for legislative candidates in Aceh, which has hindered voters from making informed decisions. It explores two key questions: What forms does the neglect of transparency take in the Qur'an literacy test for legislative candidates in Aceh? And what are the causes and impacts of this neglect? The findings reveal that the neglect of transparency occurs in two primary forms: first, the establishment of subjective score standards, and second, the refusal of the Independent Electoral Commission (KIP) Aceh to publicly announce the test results. This issue arises from the absence of regulatory mechanisms that would require KIP Aceh to disclose the test outcomes and from the closed process by which the score standards are determined in collaboration with the Qur'an Reading Test Team. The impact of this neglect is the limited public access to vital information needed to elect legislators with religious competence, a quality of significant importance in Aceh, where religious knowledge plays a key role in qualifying individuals for public office.
Identifying the Prophetic Legal Ethos in the Death Penalty Provisions of the Indonesian Criminal Code Daeng Robo, Basto
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.v18no3.3639

Abstract

Amid the ongoing controversy surrounding the drafting process of the Indonesian Criminal Code, particularly with respect to the provisions on the death penalty, this study seeks to explore the ethos or spirit of prophetic law through a philosophical examination of these regulations. This research employs a normative legal methodology, utilizing both statutory and conceptual approaches. The concepts of humanization, liberation, and transcendence serve as foundational elements of the philosophical framework of prophetic law, which coherently and sequentially aligns with the structures of ontology, epistemology, and axiology. These concepts are employed as benchmarks to identify the prophetic legal ethos embedded within the death penalty provisions of the Indonesian Criminal Code. Essentially, the arrangements pertaining to the death penalty are positioned as instruments for societal education. If a convict sentenced to death demonstrates genuine remorse and makes efforts toward rehabilitation, the imposition of the death penalty may be reconsidered in favor of life imprisonment. This perspective aligns with the principles articulated in QS. Al Maidah (5:38–39), which emphasize that punishment is intended for self-improvement. Should the convict exhibit remorse prior to execution, it reflects the understanding that Allah is the Most Forgiving. This approach underscores a legal philosophy that prioritizes the substantive and soulful dimensions of law, rooted in the prophetic legal ethos of humanization, liberation, and transcendence.
Oligarchic Hegemony in Elections: A Criminal Offense Undermining Integrity and Threatening Democracy in Indonesia Hosnah, Asmak Ul; Antoni, Herli; Rohaedi, Edi; Nuraeny, Henny; Faturachman, Fauzan Azima
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.v18no3.3640

Abstract

The election of the President and Vice President serves as a fundamental pillar of democracy and a crucial moment in the democratic process in Indonesia. However, in recent decades, the hegemony of oligarchs has posed a significant threat to the fairness and integrity of the electoral system. Oligarchs, wielding substantial power and influence, frequently manipulate the electoral process for personal and group interests, often resorting to criminal activities such as bribery, political intimidation, and the misuse of state resources. These actions undermine the legitimacy of elections and erode public trust in the democratic process. This research seeks to analyze the methods employed by oligarchs in the presidential election as criminal acts that damage the integrity of the electoral process in Indonesia. Using a normative legal approach, this research examines various written sources, including books, journals, and empirical data from past elections. The findings reveal a consistent pattern of legal violations by oligarchs that significantly compromise the electoral process. Based on these findings, the research recommends reforms aimed at strengthening the enforcement of criminal laws related to elections and enhancing the capacity of electoral oversight institutions to prevent oligarchic interference. These reforms are crucial for preserving an inclusive and fair democracy in Indonesia.
Islamic Family Law Review of Contemporary Dowry: Case Study of Mosque Dowry in Indonesian Artist Marriages Afadi, Ahmad Alfin; Halim, Abdul; Muhammad, Amar
Fiat Justisia: Jurnal Ilmu Hukum Vol. 19 No. 2 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v19no2.3779

Abstract

The phenomenon of mosque dowry in Indonesian celebrity marriages, with the aim of exploring its validity according to Islamic family law. Dowry, as an essential component in marriage and a symbol of appreciation, has evolved in form, giving rise to mosque dowry, which raises significant questions regarding its legal status. This study uses a case study method with data sources from Islamic scholars' books, interviews with experts, and social media; this study found that mosques must have waqf status, making them unable to be traded, donated, or inherited. This finding is consistent with the legal principle of dowry agreed upon by most scholars of the four schools of thought, namely that the dowry must be in the form of objects that can be traded. Therefore, the mosque dowry is declared invalid. This conclusion is also in line with the opinion of the Chairman of the Fatwa Commission of the Indonesian Ulema Council of East Java, who emphasized the invalidity of the mosque dowry so that the consequence is the obligation to pay a mitsli dowry. However, the marriage remains valid because scholars argue that the dowry is not a condition or pillar of marriage. This study provides critical insight into the implementation of waqf law and Islamic family law in the context of contemporary marriage practices in Indonesia.
Legal Analysis of The Application of Islamic Economic Principles in International Trade Law to Realize Fair World Economic Development Nova Lita, Helza; Azis, Norazlina Abdul; Mahmutovic, Adnan
Fiat Justisia: Jurnal Ilmu Hukum Vol. 19 No. 2 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v19no2.3938

Abstract

The current international trade law tends to promote competition rather than cooperation, often leading to conflicts between parties to the agreement. The general principles underlying the agreement between parties in international trade law can be related to Islamic economic principles. The GATT and WTO treaties aim to regulate all sectors of global trade as they evolve, encompassing significant developments in international trade, particularly trade among countries with a Muslim majority population. Essentially, Islamic Agreement Law adheres to the principle of freedom of contract, as outlined in the provisions of the Lex Mercatoria and the Civil Code. Thus, the role of individuals in the agreement becomes crucial to understanding the value of the principle of freedom of contract, which is closely related to the principle of party consent. This article offers explanations and solutions to address the primary issues in current international trade agreement practices, grounded in the principles of Islamic Economics. The analytical study will use normative juridical methods and Islamic law. The concept of Islamic Economics is overly concerned with the balanced protection of the parties. In its strategic position, Islamic economic principles can be applied in international trade cooperation relations not only in countries where most of the population is Muslim, but also in Muslim minority countries.
Implementation Of Dominus Litis Religious Court In Indonesia Kusmayanti, Hazar; Afriana, Anita; Kania, Dede
Fiat Justisia: Jurnal Ilmu Hukum Vol. 19 No. 3 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v19no3.3958

Abstract

The principle of judicial passivity is a fundamental tenet in Indonesian civil procedural law; however, judges are not passive throughout all trial stages and may adopt an active role at times. Similarly, judges in religious courts—judicial bodies under the Supreme Court—have begun to apply the principle of active judging. This raises the question of whether such judicial activism conflicts with civil procedural regulations in Indonesia. This paper examines the implementation of the Dominus Litis principle (active judge) within Religious Courts by analyzing various judicial decisions and considerations. Employing a qualitative juridical descriptive approach, the research finds that panels of judges in Religious Courts actively apply the Dominus Litis principle during conciliation, evidence assessment, legal counseling, and the mobile court program.
Social Media and the Interpretation of Islamic Inheritance Law: Insights from Muhammad Abu Rivai’s Instagram Rivai, Muhammad Abu; Eka Putra, Deri; Siregar , Abdurrahman; Rizki, Muh; Sari, Jusniati
Fiat Justisia: Jurnal Ilmu Hukum Vol. 19 No. 2 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v19no2.3959

Abstract

In the digital era, social media has become a key medium for disseminating Islamic legal knowledge. This study analyzes the Instagram account of Muhammad Abu Rivai, which promotes Islamic inheritance law through accessible content. Using a qualitative-descriptive method and content analysis of 30 posts from January 2023 to January 2024, the research examines engagement metrics and content relevance to core inheritance issues. Applying the maqāṣid al-sharīʿa framework, the study finds that the account effectively simplifies complex legal concepts, enhancing public understanding of inheritance law and supporting the preservation of lineage (ḥifẓ al-nasl), property (ḥifẓ al-māl), and religion (ḥifẓ al-dīn). However, limited depth and interactivity in some posts pose risks of misinterpretation. The study recommends greater scholarly collaboration and interactive features to improve the accuracy and educational value of Islamic legal content on social media.
Psycholegal Analysis of Nurses’ Decision-Making in Patient Treatment Refusal: A Human Rights Perspective in Indonesia Santoso, Aris Prio Agus; Soares, Domingos; Irawan AM, Ady
Fiat Justisia: Jurnal Ilmu Hukum Vol. 19 No. 2 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v19no2.4085

Abstract

The ethical challenges nurses face when patients refuse treatment—a legally protected right often complicated by normative, ethical, and social factors. It investigates how nurses reconcile respect for patient autonomy with their psycholegal responsibilities under Indonesian law. Using a normative juridical approach and thematic analysis of relevant documents, the research uniquely applies human rights theory to nursing decision-making in treatment refusal cases an underexplored perspective in Indonesian health law. Findings confirm that Article 276 of Law No. 17 of 2023, alongside international human rights frameworks and Islamic law, safeguards patients’ right to refuse treatment. When refusal is informed and voluntary, healthcare providers are legally protected. The research concludes that nurses must support patient autonomy through therapeutic communication, psycholegal awareness, and meticulous documentation.

Page 63 of 66 | Total Record : 655

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