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INDONESIA
JURNAL FIAT JUSTISIA
Published by Universitas Lampung
ISSN : 19785186     EISSN : 24776238     DOI : -
Core Subject : Social,
The scope of articles published in FIAT JUSTISIA: Jurnal Ilmu Hukum is consist of a broad range of topic in the field of law including International Law, Civil Law, Criminal Law, Administrative Law, Constitutional Law, and other sections related to law.
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Articles 8 Documents
Search results for , issue " Vol 9, No 1 (2015)" : 8 Documents clear
PERBANDINGAN PERENCANAAN PEMBANGUNAN NASIONAL SEBELUM DAN SESUDAH AMANDEMEN UNDANG-UNDANG DASAR 1945 Anggraini, Yesi; Yasir, Armen; Ridlwan, Zulkarnain
FIAT JUSTISIA Vol 9, No 1 (2015)
Publisher : Lampung University

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Abstract

Comparing national development planning as the state policy in the broad outlines in the period before and after the amendment of the Constitution 1945 (UUD 1945) as well as to analyze the position of national development planning guidelines were created after the amendment of the Constitution 1945. Based normative juridical approach, by examining all the rules legislation relating to the legal issues is researched concluded that the First, there are some similarities and differences in the Platform for National Development Planning in the period before and after the 1945 amendment, as for the equation is the substance of the two, whereas the difference lies in the pattern of policy-making, as well as law formulation. Second, the Status Law on National Development Planning System (SPPN) and the regulations under it is official documents which contain the cornerstone of development planning in the era of reforms as a change of planning from documents in the past.Keywords: National Development Planning System, the Constitution 1945
PEMBANGUNAN PENEGAKAN HUKUM PIDANA YANG MENGEFEKTIFKAN KORPORASI SEBAGAI SUBJEK TINDAK PIDANA KORUPSI Siswanto, Heni
FIAT JUSTISIA Vol 9, No 1 (2015)
Publisher : Lampung University

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Abstract

The criminal law enforcement policy (PHP), currently associated, corporations as subject’s perpetrators of corruption (TPK) include PHP in the formulation stage, the application stage and the execution stage. PHP formulation stage (in abstracto) is based on Article 20 of Law on Corruption which should be a strong legal basis to hold corporations as subjects of TPK, TPK equivalent to the subject of TPK doers of civil servants and individuals. PHP application stage (in concreto) indicates that the corporation as the subject TPK doers very rarely applied / applied to account for the corporation as a principal TPK arguing that criminal sanctions can be imposed is limited; the difficulty of proving corporation fault; the difficulty of law enforcement officers discovered the theory / doctrine and legal basis of corporate errors. Development of PHP policy streamline   corporation as the subject doers of TPK in the future related to the renewal of substance, structure and legal culture of corruption and streamline the corporation as a subject the perpetrator TPK. Renewal terms of substance related to the formulation of criminal crime, fault / criminal liability as well as criminal and punishment (strafsoort, strafmat and strafmodus / modaliteit); Renewal in terms of the legal structure of corruption related to the need for law enforcement agencies that further enhance the insight to streamline the corporation as a subject TPK; the need to retain the presence of the Corruption Eradication Commission (KPK); corporate case handling is done by a special team; maximizing the expert testimony; maintain the Police Commission, the Prosecutorial Commission and the Judicial Commission of the role to supervise the conduct of law enforcement. Renewal in terms of legal culture of corruption, which need to be considered more attention to the educational curriculum of character education (mental reform); understanding to the public that corporations as well as TPK subject that needs to be optimized in PHP; anticipation of an attempt to thwart PHP with the corporation as TPK subject to foul play; the issue of jurisdiction, both to those who do and those who receive bribes / gratuities, because they both do TPK. Keywords: Development, The criminal law enforcement Policies, Corporations, Subject’s Perpetrators of Corruption.
PERLINDUNGAN HUKUM TERHADAP ALIRAN MENYIMPANG DI INDONESIA Satriawan, M. Iwan
FIAT JUSTISIA Vol 9, No 1 (2015)
Publisher : Lampung University

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Abstract

During Soeharto’s adminitration which was called Orde Baru (New Orde) only five religions were admited by the government, they are Islam, Kristen Protestan, Kristen katolik, Hindu and Budha. But, since the era of the reformation in 1998, much faith has came up and developed in Indonesia, they are called “deviant” (aliran menyimpang). The existence of deviant in Indonesia, more due to different interpretations of the verses of the holy. It was also because the readings from different sources exegesis-commentaries. Efforts legal protection that has been done by the government in terms of addressing the emergence of deviant in Indonesia use two methods: by means of preventive and repressive.Keywords : Five Faith, Deviant.
URGENSI PENGGOLONGAN NARAPIDANA DALAM LEMBAGA PEMASYARAKATAN Abdullah, Rahmat Hi.
FIAT JUSTISIA Vol 9, No 1 (2015)
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Abstract

In the new system of coaching inmates, inmate treatment is applied as a subject as well as the object. The subjects here as similarities, parallels, equally as human beings, are equal as creatures of God, both as a specific creature, capable of thinking and able to make decisions. As objects because basically there is no difference in the coaching position, the difference in coaching and not as human beings. Based on the information, the classification of prisoners according to the correctional objectives with regard to the guidance and upbringing. Guidance and education will be maximized if no classification of prisoners. For example, the classification of inmates by age. Prisoners who are still children or aged under 18 years (correctional education of children), coaching and education in contrast to older age. They got special treatment and should be fostered in childrens prisons.Keywords: Inmates, Correctional Institutions, Classification
PELAKSANAAN PEMBERIAN BANTUAN HUKUM TERHADAP TERDAKWA YANG TIDAK MAMPU DALAM PERKARA PIDANA DI KOTA BANDAR LAMPUNG Arif, Andry Rahman
FIAT JUSTISIA Vol 9, No 1 (2015)
Publisher : Lampung University

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Abstract

Legal assistance is implemented through the courts, and legal aid legal aid program is provided in order to alleviate the burden of life for the people who cannot afford in terms of Economics, and is also useful to create justice and legal protection of the general public. Problems in this research is how the implementation of the granting of legal aid to defendants who cannot afford in terms of economy in criminal cases and the factors restricting implementation of granting legal aid to defendants who cannot afford in terms of economy in criminal cases. Based on the research results, and a discussion of the analysis of the implementation of legal aid to defendants who cannot afford in terms of economy in criminal cases, the implementation of the granting of legal aid can be done with the way through the courts, and the legal aid Institute (LBH) and can also be done by direct initiative of an advocate who voluntarily want to accompany her. Factors restricting implementation of granting legal aid to defendants who cannot afford in terms of economy in criminal cases among others; factors in law enforcement, community factors, cultural factors, facilities and infrastructure. Advice that can be given is the need for socializing by the court party, and about the implementation of the LBH granting legal assistance free of charge to the defendant who cannot afford, and to the need for sanctions to parties who caused the implementation of the grant of legal aid to the defendants engaged in criminal cases.Keywords: Granting Of Legal Aid, the Defendant, Not Being Able To, Criminal Cases
IMPLEMENTASI PENANGANAN KASUS KEKERASAN TERHADAP ANAK OLEH KOMISI PERLINDUNGAN ANAK INDONESIA Melati, Dwi Putri
FIAT JUSTISIA Vol 9, No 1 (2015)
Publisher : Lampung University

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Abstract

The Government held protection of children with a Child Protection Commission based on the mandate Presidential Decree Number 77 of 2003 on Child Protection Commission and Law Number 23 of 2002 on Child Protection. The problem of Indonesian Child Protection Commission (KPAI) implementation in handling cases of violence against children and Protection Commission apasaja resistance factors Indonesian Children to the protection cases of violence against children. Writing nomative juridical approach and use nomative juridical approach empirical. Discussions on Normative KPAI socialization gather data and information, received complaints review, do, monitoring, and evaluation, report, advice inputs, and consideration to the President. KPAI will ideally plays a monitor, monitor and encouragement organizer child protection, policy advocacy, as the mediator in the handling cases of violence against children. Some of the factors that would be resistance KPAI in dealing with cases of violence against children in terms of the method seen from law enforcement officials, the law,the lack public understanding on childrens rights, facilities as the minimum support infrastructure, there is a tradition negative community authors suggest that Indonesian Child Protection Commission raises really carry out an effective and professional, the Government gives infrastructure, facilities, facilities and infrastructure that enough, people can understand childrens rights and understand.Keywords : Implementation, Handling, Children.
RELEVANSI DAN KEKUATAN HUKUM AKTA PERDAMAIAN DALAM PENYELESAIAN SENGKETA DI BIDANG EKONOMI Murniati, Rilda
FIAT JUSTISIA Vol 9, No 1 (2015)
Publisher : Lampung University

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Abstract

Business relationships can give rise to disagreements that need to be resolved through the procedures for handling civil cases. In practice to solve business problems, the parties can make a peace agreement in the form of a deed under hand or a notarial deed known as a deed of peace. Mediation is a part of the stage of completion of a court that is required is offered by the judges and may terminate the proceedings if it obtained an agreement in mediation by the litigants. However, to simplify the process of resolving civil cases the parties can make advance a peace agreement in the form of a deed under hand or a notarial deed. Furthermore, the deed of peace created in front of the notary, submitted to the court to obtain a determination of the judges to get legal certainty.Keywords: The Power of Law, Deed of Peace, Dispute Resolution
PERANAN MAHASISWA FAKULTAS HUKUM SEBAGAI PELAKSANA BANTUAN HUKUM (LEGAL AID) KEPADA MASYARAKAT Achmad, Deni
FIAT JUSTISIA Vol 9, No 1 (2015)
Publisher : Lampung University

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Abstract

The role of law students in the implementation of legal aid is divided into two, namely the implementation of legal aid litigation and non-litigation legal aid. The role of students in the provision of legal aid services, urgent existence, considering many people who are not capable of, marginalized and legally blind in Indonesia is difficult to get access to justice, especially a dense population and spread across a wide area so it is not proportional to the number Advocates are available and include high student awareness of the legal issues faced by the community/communities are not able to. Students have contributed significantly in their communities by providing legal aid services, running the advocacy work and organizing in their communities in order to encourage growth is growing awareness of the laws of society and realize access to justice (acces to justice) for everyone, especially people not being able to obtain a guarantee in the fulfillment of their rights as citizens, especially equality before the law (equality before the law) as mandated by the constitution in Article 28D paragraph (1) and Article 28H paragraph (2) of the constitution of 1945 .Keywords: Student, Legal Aid, Role

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