cover
Article Per Year (5 Year)
All
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
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
 62   63   64   65   66 
Legal Interpretation of Insurance Policies in Dispute Resolution: A Study of Decision No. 247/Pdt.G/2022/PN Bks Wintarsih, Wiwin Windiantina; Nurastriani, Neneng; Fransisca, Even Denny
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.v19no2.4175

Abstract

An insurance policy is a legal contract between the Insurer and the Insured, serving as written proof of their agreement. The Insurer agrees to compensate the Insured for actual losses from damage, loss, or destruction of property—or the loss of interest—caused by an uncertain event. In the perkara a quo, the Plaintiff claimed they still had the right to file against Defendant II for a toll road accident involving Co-Defendant II’s vehicle, despite having already submitted a claim to Co-Defendant II’s insurer. This research uses a qualitative method, analyzing a final and binding court decision (inkracht van gewijsde), with a descriptive-analytical approach. It explores two key questions: (1) How do legal principles of insurance contracts influence dispute resolution? and (2) What is the role of the policy as legal evidence, and how do courts interpret it? A policyholder’s right to claim arises after full premium payment and a covered loss. In this case, the Panel of Judges rejected the Plaintiff’s claim entirely. In the amar putusan, they also rejected the Defendants’ objections, concluding the Plaintiff failed to prove their claim.
Human Rights Protection and Criminal Liability in the Smuggling of Indonesian Migrant Workers Zulfiani, Anita; Arya, Muna Ganesya; Wibowo, Nabila Alinka; Parwitasari, Tika Andarasni; Sawani, Yussri
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.v19no2.4220

Abstract

This research examines the criminal liability of Indonesian migrant workers involved in migrant smuggling, whether intentionally or unintentionally, within the framework of human rights and criminal law. Using a doctrinal legal approach, the study finds that migrant workers, as victims of human trafficking, cannot be held criminally liable for smuggling since they are treated as objects of the crime, although they may still be accountable for other offenses under applicable law. Criminal liability rests with individuals or organized groups that profit from smuggling activities. The study emphasizes the need to protect the rights of Indonesian migrant workers and to prevent the criminalization of those who become victims of human trafficking.
American Power in Syria: Ideology, Sovereignty, and Human Rights in the Perspective of International Law Fauzi, Wajid; Rochani, Ida; Hindun, Hindun
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.v19no3.4554

Abstract

The Syrian crisis, which began in 2011 and continues to influence global politics, offers a key case for examining American power. This article explores the ideological and discursive foundations of U.S. involvement, situating it within American Exceptionalism and analyzing it through a Foucauldian framework. The study combines a normative legal approach with critical discourse analysis, drawing on primary sources such as the UN Charter, Security Council resolutions, and U.S. policy documents, along with secondary literature and think-tank reports. Findings show that U.S. intervention is framed through narratives of democracy promotion, humanitarian protection, and global security, which serve to legitimize action. Using Foucault’s concepts of power/knowledge, governmentality, and biopolitics, the study demonstrates that the U.S. not only exercises military force but also shapes global perceptions and constructs regimes of truth. From a transnational legal perspective, these actions reveal tensions between sovereignty and humanitarian imperatives and highlight gaps and asymmetries in international law. The article is novel in integrating ideology, sovereignty, and human rights to show how U.S. actions in Syria reshape the interpretation and application of international law.
A Normative Legal Analysis of Crypto Assets as Collateral for Debt in Indonesia Rilda, Rilda Murniati; Ramadhan, Muhamad Dafa Razwa
Fiat Justisia: Jurnal Ilmu Hukum Vol. 19 No. 1 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v19no1.3586

Abstract

Cryptocurrency, or crypto assets, are virtual commodities emerging from technological advancements in commodity futures trading. To strengthen regulatory frameworks, it is essential to examine their characteristics as property, particularly their eligibility for property rights and use as collateral. This normative legal study employs a dogmatic approach, utilizing secondary data analyzed qualitatively. The findings indicate that crypto assets constitute intangible movable property with economic value, fulfilling property criteria in both Islamic and civil law. As such, property and ownership rights can be attached to crypto assets, allowing them to serve as collateral akin to shares. In cases of debtor default, execution through the sale of pledged crypto assets on an exchange is legally feasible.
Legal Protection for Female workers in Indonesia (Study on the Rights of Female Workers in Tolitoli) Mulyadi, Mulyadi; Yodo, Sutarman; Sulbana, Sulbana
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.v18no4.3598

Abstract

The lack of guarantees for female workers' rights remains a significant issue in Tolitoli Regency, encompassing concerns such as equal pay, decent work, maternity leave, childbirth and breastfeeding rights, social security, and protection against discrimination. This study, using a socio-legal approach with both qualitative and quantitative methods, finds that labor laws protecting female workers have not been fully implemented. Specifically, 90.2% of companies fail to provide maternity leave, and many others do not adhere to all relevant labor regulations. Key obstacles include limited awareness of rights, weak legal enforcement, and gender discrimination, along with a lack of employer responsibility. The study suggests that the Manpower Law can help create a more conducive environment for the protection of female workers' rights.
Ethical Contracts vs. Commercial Realities in Indonesian Sharia Insurance Asyiqin, Istianah Zainal
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.v18no4.3635

Abstract

This article examined legal issues within Indonesia's Sharia insurance industry, focusing on implementing dual contracts combining tabarru’ (voluntary) and tijarah (business) agreements. The qualitative study used secondary data and a taxonomic technique to identify legal challenges. Ideally, the contract structure should separate the management of these two agreements, with tabarru’ as the primary contract and tijarah as supplementary. However, the findings revealed that Indonesia's takaful industry prioritized the supplementary tijarah contract over the primary tabarru’. This issue resulted in inadequate separation of tabarru’ and tijarah funds, leading to the mixing of returns from both sectors. This practice contradicted the fatwas issued by the National Sharia Council-The Indonesian Ulama Council (DSN-MUI) regarding Islamic insurance.Additionally, the article identifies ambiguities within some DSN-MUI guidelines. To address these issues, the article proposed an alternative contract scheme from the perspective of fiqh al-mu'amalah (Islamic economic law), suggesting that tabarru’ could be based on a fee (ujrah). In contrast, other contracts could be structured around profit and loss-sharing investment agreements.
A Human Rights Perspective on Granting Privileges to Descendants of PKI in Indonesia Susantijo, Susi
Fiat Justisia: Jurnal Ilmu Hukum Vol. 19 No. 1 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v19no1.3711

Abstract

Human rights, as inherent rights granted to all individuals by virtue of their existence, are enshrined in Law Number 39 of 1999 concerning Human Rights. In Indonesia, human rights remain a critical focus, particularly in addressing past gross human rights violations, which continue to be unresolved despite various regulations, including Presidential Letter Number 2 of 2023 and Presidential Decree Number 17 of 2022. These measures, aimed at non-judicial settlement of past violations, have sparked controversy, particularly regarding their compatibility with MPR Decree Number XXV/MPRS/1966. This research explores the challenges and implications of granting special rights to descendants of the PKI, raising the question of whether they are entitled to such privileges. The granting of these rights has provoked both positive and negative reactions within civil society, with the government's central policy seen as a step toward future improvements. Utilizing a normative legal research methodology, this research analyzes various sources such as books, journals, and newspapers, offering a comprehensive legal analysis. The research concludes that, under the principles of justice, benefit, and legal certainty, the Indonesian state’s provision of special rights to the descendants of the PKI is legally legitimate.
Abuse Of Authority By State Officials In Corruption Cases: The Case Of Complete Systematic Land Registration Program Hadi Prayitno, Ahmad; Wahyono, Dwi; Bagaskoro, M Rizal
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.v18no4.3865

Abstract

The judge’s decision in the corruption case involving the abuse of authority in The Complete Systematic Land Registration (Pendaftaran Tanah Sistematis Lengkap or PTSL) program underscores the importance of legal certainty in holding perpetrators accountable for actions that harm state and community finances. This research aims to examine and analyze the abuse of authority by state administrators in corruption cases, the accountability of the perpetrators in PTSL-related corruption, and the prevention of corruption in the implementation of complete systematic land registration. The research employs a normative juridical approach. The findings indicate that the accountability of the perpetrators clearly meets the elements outlined in Article 3 in conjunction with Article 18 of the Corruption Law. Abuse of authority, as an element of corruption in Indonesia, manifests in actions that contradict the public interest or benefit individuals, groups, or other parties, as well as the misuse of procedures intended to achieve specific goals. The ideal concept for combating corruption, as adopted by the government and applied to future PTSL implementation, is the establishment of a non-criminal, institution-based prevention and education unit focused on addressing corruption.
The Implementation of Cash Waqf Linked Deposit by Islamic Banking (Case Study of Bank Muamalat) Yuswar, Cheryl Patriana; Puneri, Atharyanshah
Fiat Justisia: Jurnal Ilmu Hukum Vol. 19 No. 1 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v19no1.3925

Abstract

The implementation of cash waqf in Indonesia, with a particular focus on Cash Waqf Linked Deposit (CWLD) as the latest Islamic banking product in the country’s Islamic financial sector. The study adopts a normative legal research method and utilizes primary data obtained through an online interview with PT Bank Muamalat Indonesia Tbk. The data is analyzed using a descriptive-qualitative approach. The findings reveal that although the Indonesian Waqf Board estimates the potential of the cash waqf sector at 180 trillion Rupiah, actual realization remains significantly low, with only 2.3 trillion Rupiah collected as of 2023. In response to this gap, the Financial Services Authority (OJK) introduced CWLD in October 2024 as a strategic effort to strengthen Islamic banking and promote greater public participation in cash waqf. PT Bank Muamalat, as Indonesia’s first appointed Islamic Financial Institution to Receive Cash Waqf (LKS-PWU), plans to implement CWLD as part of its new sharia-compliant investment services. As a recently introduced product, CWLD at Bank Muamalat is expected to attract increasing interest from the Indonesian public in the years ahead.
Enhancing Public Service Access for Vulnerable Groups Through the Pentahelix-Based Inclusive Village Model Hariri, Achmad; Wahyuni, Holly Ichda; Supriyo, Agus
Fiat Justisia: Jurnal Ilmu Hukum Vol. 19 No. 1 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v19no1.3984

Abstract

The Pentahelix approach is essential for enhancing access to and the quality of public services for vulnerable groups in Desa Karduluk, Sumenep. By fostering collaboration among government, academia, businesses, communities, and media, this model aims to create fairer, more effective, and sustainable services. This study employs a juridical-empirical method to assess the implementation of the Pentahelix approach in developing an inclusive village. The findings highlight its potential but also reveal challenges, including the absence of village-level regulations and limited private sector involvement. Academia, particularly IAIN Madura, has contributed through Tri dharma activities, albeit on a limited scale. Local businesses play a minor role, requiring training and market access support. Community groups, such as Parjughe and Pemuda Peduli, demonstrate concern for vulnerable populations but have not specifically addressed disability issues. While local media like kimpragaan.com have been active, broader media engagement remains limited.

Page 64 of 66 | Total Record : 655

 62   63   64   65   66 

Filter by Year

2007 2026


Reset
Filter By Issues
All Issue Vol. 20 No. 1 (2026) Vol. 19 No. 4 (2025) Vol. 19 No. 3 (2025) Vol. 19 No. 2 (2025) Vol. 19 No. 1 (2025) Vol. 18 No. 4 (2024) Vol. 18 No. 3 (2024) Vol. 18 No. 2 (2024) Vol. 18 No. 1 (2024) Vol 17 No 3 (2023): Issue In progress (July 2023) Vol. 17 No. 4 (2023) Vol 17 No 3 (2023) Vol 17 No 2 (2023) Vol 17 No 1 (2023) Vol 16 No 4 (2022) Vol 16 No 3 (2022) Vol 16 No 2 (2022) Vol 16 No 1 (2022) Vol 15 No 4 (2021) Vol 15 No 3 (2021) Vol 15 No 2 (2021) Vol 15 No 1 (2021) Vol 14 No 4 (2020) Vol 14 No 3 (2020) Vol 14 No 2 (2020) Vol 14 No 1 (2020) Vol 13 No 4 (2019) Vol 13 No 3 (2019) Vol 13 No 2 (2019) Vol 13 No 1 (2019) Vol 12 No 4 (2018) Vol 12 No 3 (2018) Vol 12 No 2 (2018) Vol 12 No 1 (2018) Vol 11 No 4 (2017) Vol 11 No 3 (2017) Vol 11 No 2 (2017) Vol 11 No 1 (2017) Vol 10 No 4 (2016) Vol 10 No 3 (2016) Vol 10 No 2 (2016) Vol 10 No 1 (2016) Vol 9, No 4 (2015) Vol 9 No 4 (2015) Vol 9 No 3 (2015) Vol 9, No 3 (2015) Vol 9 No 2 (2015) Vol 9, No 2 (2015) Vol 9, No 1 (2015) Vol 9 No 1 (2015) Vol 8, No 4 (2014): FIAT JUSTISIA Vol 8 No 4 (2014) Vol 8, No 3 (2014): FIAT JUSTISIA Vol 8 No 3 (2014) Vol 8, No 2 (2014): FIAT JUSTISIA Vol 8 No 2 (2014) Vol 8 No 1 (2014) Vol 8, No 1 (2014): FIAT JUSTISIA Vol 7 No 3 (2013) Vol 7 No 2 (2013) Vol 7 No 1 (2013) Vol 6 No 3 (2012) Vol 6 No 2 (2012) Vol 6 No 1 (2012) Vol 5 No 3 (2011) Vol 5 No 2 (2011) Vol 5 No 1 (2011) Vol 4 No 3 (2010) Vol 2 No 3 (2008) Vol 2 No 2 (2008) Vol 1 No 2 (2007) Vol 1 No 1 (2007) Vol 7, No 3: FIAT JUSTISIA Vol 7, No 2: FIAT JUSTISIA Vol 7, No 1: FIAT JUSTISIA Vol 6, No 3: FIAT JUSTISIA Vol 6, No 2: FIAT JUSTISIA Vol 6, No 1 Vol 5, No 3: FIAT JUSTISIA Vol 5, No 2: FIAT JUSTISIA Vol 5, No 1 Vol 4, No 3 Vol 2, No 3 Vol 2, No 2 Vol 1, No 2 Vol 1, No 1 More Issue