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INDONESIA
JURNAL FIAT JUSTISIA
Published by Universitas Lampung
ISSN : 19785186     EISSN : 24776238     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : -
Articles 10 Documents
 1 
Search results for , issue "Vol 8 No 2 (2014)" : 10 Documents clear
PENGATURAN DESA DALAM PERSPEKTIF LAW AS AN ALLOCATIVE SYSTEM andin sofyanoor
Fiat Justisia: Jurnal Ilmu Hukum Vol 8 No 2 (2014)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v8no2.293

Abstract

Writing this article aims to provide an assessment of the academic village setting contained in Law No. 6 of 2014 is based on a legal approach as the allocation system. Based on normative pendekaran, concluded that that the village setting in the Village Act 2014 has met the academic aspects referred Friedman approach to the law as a system of allocation. However, to achieve a prosperous village inhabitants, it is recommended 1) the general policy of the development of village autonomy as one more attempt to direct and optimize the implementation of rural development in a comprehensive, integrated, and coordinated in order to achieve the goals effectively and efficiently; 2) the development of village autonomy is directed at creating a mission closer to the people's welfare and development services for the community; and 3) development of village autonomy necessary synergy between the various sectors and levels of authority in governance, in particular districts as local work unit closest to the village. Keywords: Village, Decentralization, and Legal System Allocation
TINJAUAN YURIDIS TERHADAP PEMILIHAN GUBERNUR DAN WAKIL GUBERNUR DALAM SISTEM PEMERINTAHAN DAERAH DI INDONESIA muhammad andi susilawan; ikhsan ikhsan; dodi haryono
Fiat Justisia: Jurnal Ilmu Hukum Vol 8 No 2 (2014)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v8no2.299

Abstract

Election of Governor and Deputy Governor in Law Number 32 of 2004 which is elected directly by the people. From the results of this study concluded that there are several principles. First, the background is applied to the election of the governor and vice governor directly in Law Number 32 of 2004 on Regional Government, philosophically motivated to carry out direct elections is partly due to indirect mechanisms of democracy does not guarantee accommodation in choosing future leaders. Second, the strengths and weaknesses of the election for governor and vice governor directly in Law Number 32 of 2004 on Regional Government, the benefits are local elections in person an opportunity for political education, the system of checks and balances between the legislative and executive more balanced, as a means to strengthen regional autonomy. As for the cost of the funds needed in the election for governor and lieutenant governor are relatively higher, opening the possibility of conflict and elite, activities of people with disabilities, especially during the campaign. Thirdly, it is necessary to correct weaknesses gubernatorial election in accordance with the development of local government is currently increasing citizens political awareness, empowerment of the governor and deputy governor are direct, general, free, confidential, honest, and fair. election of governors and vice-governors enforcement of financial restrictions consistent and campaigns.Keywords: Election of Governor and Deputy Governor, Local Government
PENYELESAIAN SENGKETA PEMILU SEBAGAI UPAYA MEMULIHKAN KEPERCAYAAN DAN MEMPERKUAT LEGITIMASI PEMERINTAHAN DEMOKRASI firdaus firdaus
Fiat Justisia: Jurnal Ilmu Hukum Vol 8 No 2 (2014)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v8no2.294

Abstract

Writing this journal using a normative approach concluded that first, that the best system of elections is a system that provides the institutional mechanisms of dispute resolution elections as a place to restore the rights of citizens are violated and restore confidence in the institution elections as a democratic institution for the formation of government legitimate and reliable; second, an outline of the disputed election in Indonesia consists of two types namely, administrative disputes and disputes over the results of elections. Procedurally, Election Suravaillance Body is an institution that is authorized to decide administrative disputes election are final and binding beyond dispute concerning the verification of Political Parties Elections and the list of candidates for members of DPR, DPD, Provincial DPRD and regency/city. Furthermore Superial Administration Court up to the level of the Supreme Court is an institution that is authorized to decide disputed election administration in particular the Commission's decision regarding the establishment of verification of Political Parties Elections and the list of candidates for members of DPR, DPD, Provincial DPRD and regency/city. Disputes dispute election results for DPR, DPD, Provincial DPRD and regency/city is the jurisdiction of the Court. Keywords: Dispute Resolution Elections and Democracy Government Legitimacy
IMPLIKASI KEBIJAKAN RUANG TERBUKA HIJAU DALAM PENATAAN RUANG DI JAWA BARAT nadia astriani
Fiat Justisia: Jurnal Ilmu Hukum Vol 8 No 2 (2014)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v8no2.300

Abstract

Green Open Space (RTH) diminishing lead to the emergence of insecurity and social diseases and influence the improvement of micro-climate, air pollution, floods, and various other negative environmental impacts. The study was conducted by looking at the green open space in a holistic manner. This method is expected to explain the policy of the green space in West Java and the policy implications of the Spatial Plan. Research results indicate the overall amount of green space in West Java has not fulfilled the amount of 30% as mandated by the Law on Spatial Planning, so the RTH policy directed at meeting the quota of 30%, with a range of strategies for improving the quality and quantity of green space Regency/City. RTH is an important part of City Spatial System, the procurement of green space is part of planning in the protection and management of the environment. As part of the layout, RTH is an instrument of prevention of pollution and/or damage to the environment. Keywords: Policy, Green Open Space, Spatial
INSOLVENSI DALAM HUKUM KEPAILITAN DI INDONESIA (Studi Putusan No.48/Pailit/2012/Pn.Niaga.Jkt.Pst Antara PT. Telekomunikasi Selular Vs PT. Primajaya Informatika) hervana wahyu Prihatmaka; Sunarmi Sunarmi; Rahmad Hendra
Fiat Justisia: Jurnal Ilmu Hukum Vol 8 No 2 (2014)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v8no2.295

Abstract

Amendments to the Bankruptcy Law is dominant protect the interests of creditors, because it should be a provision which requires that the debtor should have to go bankrupt. This is contrary to the philosophy of universal bankruptcy. This study aims to determine the bankruptcy provisions in the bankruptcy law in Indonesia and analyze the determination of bankruptcy within the bankruptcy decision No. 48/Bankrupt/2012/PN.NIAGA.JKT.PST. This research is a normative law with normative juridical approach. The data used in this research is secondary data. This study uses literature study with qualitative analysis methods. The authors conclude, first, the provisions of bankruptcy in Indonesia is based on article 2, paragraph (1), which is when the debtor does not repay the debt that will be the bankruptcy estate will go into phase bankruptcy with two possibilities, namely (i) after being declared bankrupt (ii) Through PKPU. Secondly, Award Bankrupt Assets not yet in the stage of bankruptcy because of the Supreme Court overturned the decision of the Commercial Court Decision Number 48/Bankrupt/2012/PN.NIAGA.JKT.PST through decision Number 704K/Pdt.Sus/2012, which ended before the bankruptcy Telkomsel Meeting Debt Verification completed. Advice, first there should be amendments to the Law No. 37 of 2004 specifically test the concept of insolvency and bankruptcy. The authors are aware that this study is not perfect, so the authors hope that further research is done, to continue and resolve the issues raised in this study. Keywords: Bankruptcy, Insolvency, the Rule of Law
POLITIK HUKUM PENGADOPSIAN RESTORATIVE JUSTICE DALAM PEMBAHARUAN HUKUM PIDANA septa chandra
Fiat Justisia: Jurnal Ilmu Hukum Vol 8 No 2 (2014)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v8no2.301

Abstract

The purpose of this study was to find a political choice of law in criminal law reform. Using a juridical approach using secondary data, it can be concluded that the legal political reform criminal law in Indonesia is still ongoing and to be part of the development of the national legal system. Legal political development of the national legal system should be based on Pancasila as a guide and tool for political filtering of national law and UUDNRI 1945 Constitution as the basic law. One form of political reform criminal law is by adopting the concept of restorative justice as an alternative mechanism for the settlement of legal issues that occur without the use of judicial proceedings. With the approach of restorative justice, the enforcement of which has always used retributive approach (retaliation) would merely shift to restorative approaches (recovery). The concept of restorative justice can be political legal permanent (permanent) in building the national criminal justice system that will come.Keywords: Politics Law, Restorative Justice and Criminal Case
ASURANSI SYARIAH DAN GAGASAN AMANDEMEN UNDANG-UNDANG NOMOR 02 TAHUN 1992 TENTANG PERASURANSIAN hidayatulloh hidayatulloh
Fiat Justisia: Jurnal Ilmu Hukum Vol 8 No 2 (2014)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v8no2.296

Abstract

Saria Insurance has been present since 1994 with the birth of PT Syarikat Takaful Indonesia, which then established PT Asuransi Takaful Family (Life Insurance) and PT Asuransi Takaful Umum (General Insurance). That is, already 18 years Saria Insurance live, thrive and exist in the midst of the people of Indonesia. In contrast to his siblings, Islamic banking, which has had legal certainty with the Law Number 21 of 2008 concerning Islamic Banking, Islamic insurance not specifically regulated in the rule of law. Though true, Islamic principles should be applied, and Law Number 2 of 1992 on the Insurance have not been able to accommodate all the principles of sharia Islamic insurance industry in Indonesia. The presence of legislation on Islamic insurance, either by making special laws or amendments to laws existing insurance, are great expectations in order to ensure legal certainty for stakeholders and provide confidence to the public in using the products and services of Islamic insurance. Keywords: Islamic Insurance, Insurance Act, Amendment, Rule of Law. 
HUBUNGAN KEWENANGAN PEMERINTAH PUSAT DAN DAERAH DALAM MENGURUS BIDANG PERTANAHAN DIHUBUNGKAN DENGAN HUKUM POSITIF tri setiady
Fiat Justisia: Jurnal Ilmu Hukum Vol 8 No 2 (2014)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v8no2.302

Abstract

Law Number 32 of 2004 of governmental authority in the land sector remains handed over to the autonomous region. Law Number 32 of 2004 requires the district/city governments to conduct business in the area of land as part of the implementation of regional autonomy and a mandatory affair because it is so fundamental with regard to rights and basic services citizens. The affairs of the land sector is very essential as it relates to the issue of community rights to land. Therefore, the government must provide the public with regard to the maintenance in the land sector. But on the other hand the government has not completed the handover of authority in the field of regulation of land through implementing regulations. Keywords: Central and Local Government Authority, Land and Legal Affairs Positive
DINAMIKA KEDUDUKAN TAP MPR DI DALAM HIERARKI PERATURAN PERUNDANG-UNDANGAN martha riananda
Fiat Justisia: Jurnal Ilmu Hukum Vol 8 No 2 (2014)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v8no2.297

Abstract

People's Consultative Assembly (MPR) decree dynamics position in the hierarchy of legislation and as the legislation arising drowned in accordance political developments and laws and regulations governing the order of legislation. Keywords: Position, People's Consultative Assembly (MPR) and the hierarchy of legislation
EKSISTENSI OMBUDSMAN REPUBLIK INDONESIA yusnani hasjimzoem
Fiat Justisia: Jurnal Ilmu Hukum Vol 8 No 2 (2014)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v8no2.303

Abstract

Republic of Indonesia is a rule of law under Article 1 (3) of the 1945 Constitution and should uphold respect for the rights of individuals and communities in implementing the country. The rights strengthened by the basic norms that become the main spirit of the people of Indonesia, Pancasila. Basic norms that the political objectives in developing the Indonesian nation and enact any bill. Thus the state agency that was created by a special law should work in line with the basic norms of the nation and work together to create prosperity. In 2003 the Ombudsman created by a special law has the duty and function to oversee public services effectively, efficiently, and in spite of the practice of (corruption, collusion, and nepotism). Ombudsman based its duties and functions that have the same vision as mandated in the fourth paragraph of the preamble of the Constitution of 1945. The Ombudsman is thus expected to make a good bureaucratic reform so that it can be a model and public services watchdog whose presence is really felt by the people of Indonesia. Keywords: Ombudsman of the Republic of Indonesia

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