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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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Asset Recovery In Corruption Cases In Indonesia: A Human Rights Perspective Bayuaji, Rihantoro; Hadi, Fikri
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.v19no1.4024

Abstract

The proposal to pardon corruption offenders within a restorative justice framework, as articulated by President Prabowo Subianto, has sparked diverse responses. However, the President later clarified that his statement was not an endorsement of pardoning corrupt individuals but rather an emphasis on the importance of asset recovery in combating corruption. Given that imprisonment has proven ineffective as a deterrent and insufficient in addressing state losses, asset recovery presents a viable legal strategy in corruption law enforcement. This research examines two key issues: the extent to which asset recovery serves as a deterrent in criminal law and its impact on the fulfillment of human rights. Employing a normative juridical approach through statutory and conceptual analysis, the findings suggest that asset recovery not only deters corruption and restores state finances but also advances justice and human rights. Accordingly, this research recommends that the Indonesian House of Representatives and the government expedite the enactment of the Asset Forfeiture Bill (RUU) to strengthen asset recovery mechanisms in corruption cases.
Enhancing The Role Of Political Parties In Advancing Political Education As A Foundation For Democracy Arifin, Gunawan; Virgayani, Virgayani; Asriyani, Asriyani; Muja'hidah, Muja'hidah; Jubair, Jubair
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.v19no1.4026

Abstract

Political parties play a strategic role in democratic governance, serving as key instruments in fostering democracy. However, a decline in public trust has emerged due to the perception that political parties prioritize power politics over their educational function, reducing them to mere tools of political control. This study employs legislative, conceptual, and comparative approaches to develop a framework for strengthening the role of political parties, particularly in enhancing political education as a prerequisite for democracy. It examines two key issues: whether the current regulation of political party functions aligns with Indonesia’s democratic development model and how these functions can be reinforced to promote public political education. The findings indicate that the existing political party law has not effectively facilitated political education, failing to enhance civic awareness and responsibility in accordance with Indonesia’s democratic principles. To address this, the legal framework governing political parties must institutionalize political education and ensure that ethical and moral values serve as guiding principles in decision-making processes.
Problematics of the Execution of Religious Court Decisions Ngazizah, Inna Fauziatal; Kasdi, Abdurrohman; Abdilah, Kudrat; Najichah, Najichah; Ibrahim, Norhasnira
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.v19no3.4172

Abstract

This article examines the problem of authority in the execution of Religious Court decisions in Indonesia and its impact on the effectiveness of Islamic law. Although Religious Courts are authorized to adjudicate family and sharia economic cases, enforcement still relies on District Courts, creating dissonance between legal norms and practice. Using a juridical-sociological qualitative approach with literature studies and interviews with two judges, one clerk, and two execution applicants, the study identifies three root problems: the absence of direct execution authority, weak cross-agency coordination, and the lack of standard operational procedures. These weaknesses disproportionately affect women and children, leaving many rulings unenforced. The article recommends regulatory reform and institutional strengthening of Religious Courts, drawing comparative insights from Malaysia and Pakistan, where religious courts have clearer enforcement mechanisms.
The Role of Environmental Easement Rights in Building Environmental, Social, and Governance (ESG) Principles Syahruddin, Erwin; Sugeng, Sugeng; Liu, Yaoping
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.v19no3.4190

Abstract

This article critically explores the potential of environmental use rights as a legal mechanism to advance a more inclusive and sustainable Environmental, Social, and Governance (ESG) framework. Traditionally limited to physical access or utility purposes, use rights have yet to realize their ecological and social functions within environmental governance. Using a normative legal and conceptual approach, this study argues that environmental use rights can enhance landowner accountability for ecological integrity while institutionalizing ESG principles of stewardship, transparency, and responsibility. Positioned as a hybrid construct between private property rights and public environmental interests, these rights offer a transformative legal pathway toward ecological justice and participatory land governance. Recognizing their normative and ecological value can empower communities to monitor land use, mitigate spatial conflicts, and embed environmental considerations into ESG assessment structures.
Comparative Insights of Perfume Formulations Protection in Trade Secret Laws in Indonesia, South Korea, and France Dirkareshza, Rianda; Fauzan, Muhammad; Supardi, Reisha Rizkia Sabila
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.v19no3.4280

Abstract

The perfume industry relies heavily on innovation and unique formulations, yet in Indonesia many micro and small businesses sell inexpensive refill perfumes that imitate well-known scents, raising concerns about trade secret infringement. This study assesses the effectiveness of legal protections for perfume formulations in Indonesia, South Korea, and France through a juridical-normative, comparative, and case study approach. The findings show that Indonesia’s protections under its Trade Secret, Trademark, and Patent laws remain weak due to limited enforcement and low awareness, while South Korea’s Unfair Competition Prevention and Trade Secret Protection Act and France’s implementation of Directive (EU) 2016/943 provide stronger mechanisms for safeguarding business secrets. The study offers a comparative framework that can guide the development of a more effective trade secret regime for perfume formulations in Indonesia.
The Urgency of Regulating the Rescission of Child Adoption: A Comparative Study on Upholding the Best Interests of the Child Nabila, Farradhisya Ririz; Cahyono, Akhmad Budi
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.v19no3.4329

Abstract

The absence of specific regulations governing the cancellation of child adoption in Indonesia has created a legal vacuum that undermines the principle of the best interests of the child. This study aims to develop an ideal legal framework for adoption cancellation to prevent practices contrary to child protection principles. Using a doctrinal approach and a comparative analysis with the Philippine legal system, the research emphasizes the urgency of establishing clear regulations that prioritize the child’s welfare in every judicial decision. The proposed reform integrates Law No. 23 of 2004 on the Elimination of Domestic Violence (UUPKDRT) and Government Regulation No. 54 of 2007 on the Implementation of Child Adoption to provide a comprehensive legal basis. Strengthening these instruments would ensure that violence by adoptive parents constitutes valid grounds for cancellation while safeguarding the child’s rights to continuous care, protection, and development before and after annulment.
Assistive Technology to Fulfill the Digital Human Rights of Persons with Disabilities in Indonesia Nurhayati, Siti; Kardi, Kardi; Rahman, Muhammad Fawaizur; Ezzerouali, Souad
Fiat Justisia: Jurnal Ilmu Hukum Vol. 19 No. 4 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v19no4.4461

Abstract

This article analyzes the challenges to achieving digital human rights equality for people with disabilities in Indonesia and evaluates the role of assistive technologies in addressing these issues. Digital human rights are recognized under international law and affirmed by the Indonesian Constitution, which obligates the state to protect and fulfill these rights. Using a normative juridical method based on secondary data and deductive analysis, the research identifies major obstacles, including limited inclusive digital platforms, discrimination, insufficient data on disability populations and needs, restricted access to information, and ongoing rights violations. The findings show that assistive technologies, such as KIAD, Hear Me, DIGI-EDVOT, TeDi, Dif-able, and I-CHAT, significantly enhance digital accessibility for individuals with physical and sensory disabilities. The research recommends that government policies be expanded to provide assistive technologies for people with mental and intellectual disabilities to reduce existing disparities and strengthen digital inclusivity.
Reconstruction of Consumer Protection Law in the Settlement of Islamic Banking Disputes Rahmadani, Gema; Nasution, Zulkarnain; Pagar, Pagar; Victoria, Ong Argo
Fiat Justisia: Jurnal Ilmu Hukum Vol. 19 No. 4 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v19no4.4506

Abstract

The rapid growth of Islamic banking in Indonesia has not been matched by an adequate consumer protection framework, particularly in resolving disputes between customers and Islamic banking institutions. Law No. 8 of 1999 on Consumer Protection remains general and does not accommodate the specific characteristics of Islamic economic law, creating normative inconsistencies and ambiguity in dispute resolution. This study uses a normative legal approach to analyze legislation, DSN-MUI fatwas, and court decisions, and finds a regulatory gap rooted in contractual justice and maqashid syariah principles. This gap risks disadvantaging consumers, especially regarding transparency, the prohibition of usury, and protection from harmful practices such as gharar and maysir. The study concludes that reconstructing consumer protection law to incorporate Sharia-based norms and clearer dispute resolution mechanisms is essential for realizing a fair and sustainable Islamic banking system in Indonesia.
Halal Certification and Trademark for Consumer Protection in Indonesian Micro-Enterprises Yuanitasari, Deviana; Meliza, Meliza; Suwandono, Agus; Assalihee, Muhammadafefee
Fiat Justisia: Jurnal Ilmu Hukum Vol. 19 No. 4 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v19no4.4529

Abstract

Halal certification and trademark registration are key legal instruments for strengthening consumer trust in Muslim-majority markets such as Indonesia. For micro-enterprises, they function not only as regulatory compliance mechanisms but also as strategic tools for brand differentiation and market expansion. This study examines the legal frameworks governing halal certification under Law No. 33 of 2014 on Halal Product Assurance and trademark protection under Law No. 20 of 2016 on Marks and Geographical Indications, using a normative juridical approach complemented by qualitative interviews with selected micro-entrepreneurs. The findings show that integrating halal certification and trademark registration generates dual consumer trust based on religious assurance and brand authenticity. However, bureaucratic complexity, limited legal literacy, and cost barriers constrain adoption. The study therefore recommends streamlining procedures, strengthening outreach, and providing targeted financial support to promote broader compliance, consumer protection, and inclusive economic growth.
Local Government and Justice in Strategic Asset Transactions: A Case Study of Indonesia’s National Strategic Project in Bulungan Regency Syaprillah, Aditia; Ansar, Ferdy; Shahnaz, Liza; Rohman, Arif; Sukumaran, Shantini
Fiat Justisia: Jurnal Ilmu Hukum Vol. 20 No. 1 (2026)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v20no1.4431

Abstract

The implementation of Indonesia’s National Strategic Projects (PSN) increasingly relied on the exchange of local government assets, particularly land, through ruilslag mechanisms, raising critical issues of justice, accountability, and the protection of public interests. Local governments occupied an ambiguous position as both public authorities and civil law actors, complicating the governance of public asset transfers. Using a normative-empirical legal research method, this study analyzed statutory regulations, regional legal instruments, and official asset swap documents, supported by a case study of Bulungan Regency and interviews with key stakeholders. The findings revealed procedural inconsistencies, limited transparency, and unequal bargaining power in asset transactions, indicating that existing legal frameworks were often inadequately implemented to ensure substantive justice. The study concluded that local governments require stronger institutional, fiscal, and regulatory support to manage public assets effectively, and that PSN-related asset exchanges must integrate legal safeguards, public participation, and long-term social considerations to avoid becoming merely technocratic instruments of central government policy.

Page 65 of 66 | Total Record : 655

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