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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 660 Documents
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Childless Marriage in Indonesian Law: A Maqāṣid al-sharī‘ah Analysis of Ḥifẓ al-nasl Dahlan, Ahmad
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.v19no4.4560

Abstract

Examines childless marriage in Indonesian law through a maqāṣid al-sharī‘ah [objectives of Islamic law] perspective, with particular attention to the interpretation of ḥifẓ al-nasl [protection of lineage]. It analyzes how Indonesian positive law and Islamic legal objectives conceptualize reproduction, lineage, and family obligations in the context of contemporary childlessness. Using a normative-juridical and conceptual approach, the study examines Indonesian marriage regulations, especially Law No. 1 of 1974 as amended by Law No. 16 of 2019, alongside classical and contemporary maqāṣid literature. The findings show that Indonesian positive law does not explicitly prohibit childless marriage, but implicitly regulates reproductive responsibility through norms concerning the purposes of marriage and family welfare. From a maqāṣid perspective, ḥifẓ al-nasl is not limited to an obligation to have children, but functions as a broader principle of preserving legitimate lineage and social continuity, allowing interpretive space for circumstances such as health, psychological, and socio-economic factors. This study argues that childless marriage constitutes a dynamic normative issue rather than a dichotomous conflict between Islamic law and state law, and contributes a nuanced maqāṣid-based framework for understanding childlessness within Indonesian family law and contemporary legal discourse.
Silencing Constitutional Rights and Repressive Actions by the Authorities: A Comparative Criminal Law Analysis of Indonesia and Nepal Murdiana, Elfa; Mayasari, Lutfiana Dwi; Sari, Ima Frafika; Nauval M.R, Alendra; Ibrahim, Muhammad Talib
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.v19no4.4601

Abstract

The policing of protests in Indonesia and Nepal, revealing systemic patterns of excessive force, arbitrary detention, and the criminalization of political expression. In Indonesia, the August 25–29, 2025 protests involved structured abuse of authority, including physical persecution, deprivation of liberty without adherence to Criminal Procedure Code protocols, and obstruction of legal counsel. In Nepal, 2025 protests saw the use of live ammunition, torture, and other severe measures violating the right to freedom of assembly under the 2015 Constitution. Both cases highlight legal deficiencies: Indonesia relies on general penal provisions without specialized instruments for state violations, while Nepal, despite criminalizing torture under Section 167 of the National Penal Code 2017, struggles with politically influenced implementation. Acts of violence and procedural abuse meet the criteria of unlawful acts, abuse of authority, and human rights violations under national and international law, including ICCPR and anti-torture standards. The failure to prosecute security personnel entrenches impunity. Findings indicate that strengthening accountability mechanisms, prosecuting officers when offenses are established, reforming security governance, and instituting independent investigative bodies are essential to protect constitutional rights and prevent recurrent state violence during protests.
The Significance of Mediator Certificate for Village Heads in Dispute Resolution Ibad, Syahrul; Najib, Ainun; Ummassahda, Ummassahda; Rizzi, Marco
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.v19no4.4610

Abstract

Humans are social beings whose interactions often generate conflicts arising from differing interests. Dispute resolution may be pursued through litigation or non-litigation mechanisms, including mediation. This study examines village-level mediation conducted by Kepala Desa (village head), which is rooted in local wisdom and community practices, and mandated by Law Number 6 of 2014 concerning Villages, Article 26 paragraph (4), requiring Kepala Desa to resolve community disputes. The findings indicate that mediator certification is urgently needed to enhance the effectiveness of Kepala Desa in dispute resolution and to improve efficiency in terms of cost, time, and access to justice. Although mediation outcomes are binding and have evidentiary value for the parties, they do not possess Permanent legal force equivalent to a final court decision unless elevated to a peace deed (akta perdamaian).
Legal Position of Joint Property in Marriage Without a Pre-Nuptial Agreement Sunardi, Heru; Jamaludin, Jamaludin; Muhammad, Adamu Abubakar
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.v20no1.4691

Abstract

Marriage has legal consequences for the control and distribution of joint assets, particularly in the absence of a prenuptial agreement, which can create uncertainty and weaken the protection of personal property. This study examines the regulation of joint assets in prenuptial agreements under Law Number 16 of 2019 amending Law Number 1 of 1974 concerning Marriage and Presidential Instruction Number 1 of 1991 on the Compilation of Islamic Law (KHI), as well as the legal status of joint assets in marriages without such agreements. Using a normative legal research method with statutory and conceptual approaches, the study analyzes primary, secondary, and tertiary legal materials through literature review and qualitative description. Findings indicate that prenuptial agreements provide for the separation of assets and legal certainty, while marriages without agreements merge all assets into joint property, affirming equal rights between spouses but offering limited protection for personal property. The study highlights the strategic role of prenuptial agreements in safeguarding economic rights and ensuring legal certainty in marital property management.
Reconstructing Islamic Agricultural Financing Regulations: A Socio-Legal Study using Soft Systems Methodology Muqorobin, Ahmad; Etica, Use; Rodliyah, Nunung; Hidayah, Akmal; Ab Razak, Mohamed Rashid
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.v20no1.4722

Abstract

Despite its constitutional role in supporting food sovereignty, Banyuwangi’s agricultural sector remains excluded from formal Islamic finance due to a regulatory gap between rigid banking standards and agricultural risk. This study identifies a Proximity Paradox, in which Islamic banks are structurally disincentivized from financing smallholders. Using Soft Systems Methodology (SSM) as a socio legal approach and drawing on empirical data from farmers, Islamic banks, and Bayt al-Māl wa al-Tamwīl (BMTs), the research formulates an Agricultural Financing Regulatory Model. The model recommends policy reform by the Financial Services Authority (Otoritas Jasa Keuangan, OJK) and the National Sharia Council (Dewan Syariah Nasional–Majelis Ulama Indonesia, DSN-MUI), including hybrid value chain contracts, mandatory agricultural takaful, and a formal Bank–BMT linkage scheme, to align banking compliance with agricultural realities and promote distributive justice (‘adl).
Disguised Employment Relationship Towards Platform-Based Drivers: Indonesian and United Kingdom Law Perspective Christine, Lia; Daniel, Achmad Benyamin; Tresnawati, Tresnawati; Wulansari, Catharina Dewi
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.v20no1.4833

Abstract

Digital technology has created non-conventional employment through platform applications, exemplified by platform-based drivers in Indonesia. Their relationship with App Provider Companies is governed by partnership agreements, resulting in unclear legal status and limited labour protection. This study examines the legal vacuum that leaves drivers without social security and workers’ rights, despite fulfilling employment elements; work, wages, and control. Using a juridical normative approach, it finds that partnership agreements may disguise employment to evade employer obligations. The UK Uber case supports recognising drivers as workers entitled to protection. Special regulations are needed to formalise their status and safeguard rights and welfare in the digital economy.
Integrating Local Wisdom and Waqf Regulation: Toward an Inclusive Governance Model of Indigenous Land-Waqf in Indonesia and India Salmawati, Salmawati; Muhdar, Muh. Zulkifli; Ezenduka, Uzodinma Yurriens
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.v20no1.4842

Abstract

The integration of local wisdom and waqf practices is a critical issue in the legal and social development of multicultural countries such as Indonesia and India, where Islamic law, state law, and customary law often overlap, creating legal uncertainty, particularly for communal waqf land. Using a normative legal method with statutory and comparative approaches, this study finds that both countries practice legal pluralism: Indonesia excels in formal mechanisms through land certification and communal nadzir, while India demonstrates institutional robustness via the State Waqf Board. Building on these insights, the study proposes a dual-legitimacy governance model that integrates Islamic law, state regulations, and customary norms, emphasizing inclusive governance, customary-based mediation, and distributive justice to ensure both the sustainability of waqf assets and the welfare of indigenous communities.
Strengthening The Capacity of Indonesian Migrant Workers Through Old-Age Social Security A Study on PMI in Malaysia and Hongkong Agusmidah, Agusmidah; Yefrizawati, Yefrizawati; Affila, Affila; Chairi, Zulfi; Pane, Farhan Alpani; Aji, Rajali H.
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.v20no1.4851

Abstract

Indonesian Migrant Workers (PMI) are primarily motivated to work abroad by the prospect of higher wages to achieve long-term financial security, despite the social costs of family separation. However, empirical evidence from observations, interviews, and questionnaires reveals that many PMIs have limited understanding of the old-age pension scheme, a key component of the national social security system, a gap exacerbated by inadequate pre-departure briefings for prospective migrant workers (CPMI) despite clear legal obligations. This study employs an empirical juridical method supported by a conceptual legal approach to examine the gap between the normative framework governing PMI social security protection and its implementation in practice, particularly regarding technical barriers to paying old-age security contributions during overseas employment. The findings show weak institutional coordination and accountability among key stakeholders, including the Ministry of Manpower, BPJS Ketenagakerjaan, BP2MI, the Ministry of Foreign Affairs, and state-affiliated banking institutions. The study concludes that strengthening legal compliance, inter-agency coordination, and accessible contribution mechanisms is essential to ensure effective protection and the realization of old-age social security rights for PMIs after the completion of their employment.
The Application and Prospects of Intellectual Property-Based Credit Guarantees in Banking Practices in Serang City Sulasno, Sulasno; Octavia, Ardita; Dwisvimiar, Inge; Ali, Juhary
Fiat Justisia: Jurnal Ilmu Hukum Vol. 20 No. 2 (2026)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v20no2.4994

Abstract

The use of intellectual property (IP) as collateral for bank loans, although regulated under Government Regulation No. 24/2022, still faced significant challenges in practice. These included difficulties in determining fair market value due to IP’s intangible nature, the lack of standardized valuation systems, complex execution mechanisms in cases of default, and the limited readiness of specialized appraisal institutions. Banks applied prudential principles because IP was considered a higher-risk asset. This study used a qualitative empirical juridical approach based on primary, secondary, and tertiary data analyzed descriptively. The results showed that IP certificates had strong legal and economic prospects as collateral for creative entrepreneurs and rights holders, as they already met legal criteria. However, their practical use as bank collateral in Serang City remained limited and not yet optimal.
No Taxation Without Representation In Local Policy: Ensuring Public Participation In Indonesia’s Rural And Urban Land And Building Tax Formulation Widhi Antoro, Bibianus Hengky; Bagas Putra, Jery Satria; Atuna, Yupita Jevanska
Fiat Justisia: Jurnal Ilmu Hukum Vol. 20 No. 2 (2026)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v20no2.5047

Abstract

Fiscal decentralization through Regional Taxes, such as the Rural and Urban Land and Building Tax (PBB-P2), has led to unresolved issues, including sharp increases in tax amounts based on Head of Region Regulations. Broad authority over Tax Object Sale Value (NJOP) combined with limited public participation conflicts with the principle of “No Taxation Without Representation,” generating social unrest and questioning legal legitimacy. This study employs normative legal research using statutory, case, and comparative approaches. It finds that Constitutional Court-mandated rights to be heard, considered, and explained have not been implemented. Effective PBB-P2 regulation requires proactive transparency and deliberative forums during planning, drafting, and deliberation stages, drawing on German best practices to strengthen legitimacy and social stability.

Page 66 of 66 | Total Record : 660

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