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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 592 Documents
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Implications of the Omnibus Law on Job Creation towards the Indonesian Forestry Sector Sunarto Sunarto; Maya Shafira; Mashuril Anwar
Fiat Justisia: Jurnal Ilmu Hukum Vol 15 No 3 (2021)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v15no3.2302

Abstract

The research aims to analyze the positive and negative implications of the omnibus law on job creation on the development of the forestry sector. In writing, this article is normative juridical. Based on this method, this research is conducted by examining and analyzing theories, doctrines, and laws and regulations that are relevant to the issues discussed. Based on research results, the main points of amendments to regulations in the forestry sector include affirmation of forest areas, forest areas, changes in forest area designation and function, utilization of production forests and protected forests, business permits, non-tax state revenues in the forestry sector, utilization of forest areas outside forestry activities, the authority of the central and regional governments in forest protection, prohibiting activities that cause forest destruction, and imposing sanctions and procedural law on criminal acts of forest destruction. These changes have implications for forest protection in Indonesia, including increasing forest area conversion, limiting community participation in forest management plans, and weakening sanctions (eliminating absolute responsibility). Therefore, in policy formulation, it is necessary to pay attention to forest protection to harmonize human and environmental interests. Based on the results of the research, it is therefore recommended that the government be firm and concrete in regulating forest protection efforts in future implementing regulations.
The Role of the House of Representatives in Guarding Government Policies to Resolve the Covid-19 Pandemic Bayu Dwi Anggono; Fahmi Ramadhan Firdaus
Fiat Justisia: Jurnal Ilmu Hukum Vol 15 No 4 (2021)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v15no4.2314

Abstract

The responsibility to handle the Covid-19 Pandemic is not only carried out by the President as the highest leader of the government, but also the House of Representatives which holds the legislative branch of power, so far the public has questioned the seriousness of Parliament in handle the Pandemic, through its functions should be able to assist and especially to monitoring policy government to work together to handle this pandemic and as an effort to prevent potential abuse of power. The writing of this article uses the Juridical Normative method which will produce recommendations on how the House of Representatives should optimize its function during the Covid-19 Pandemic.
Urgensi Literasi Hukum Bagi Pekerja Migran Indonesia melalui Pendidikan Jarak Jauh Eny Kusdarini; Chandra Dewi Puspitasari; Sri Wahyu Krida Sakti; Purwaningdyah Murti Wahyuni
Fiat Justisia: Jurnal Ilmu Hukum Vol 15 No 4 (2021)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v15no4.2317

Abstract

Protection for migrant workers requires intervention throughout the migration cycle. Moreover, it raises awareness about safe migration before departure, ensuring effective migration policies and mechanisms, ensuring fair recruitment practices, decent working conditions in destination countries, and economic empowerment and reintegration to the home community for retired Indonesian Migrant Workers. However, illegal hiring practices can leave workers trapped in debt-bound situations to go abroad. Often workers are not appropriately trained and do not understand their rights, so they are easily exploited. So the problem arises in this study how to fulfil the legal protection of Indonesian migrant workers? And how can legal literacy improve the protection of Indonesian migrant workers? The study results show that Indonesian migrant workers need state intervention to protect the stage before work, during work, and after work but also need to equip themselves with qualified legal insight. The qualified legal insight will increase the capacity of Indonesian migrant workers and will enable them to face every problem they face. Legal literacy is an urgent matter to be "familiarized" with Indonesian migrant workers. Legal literacy will build awareness of Indonesian migrant workers in understanding various legal aspects, especially those related to the activities of Indonesian migrant workers. Distance education can be a way to improve the legal literacy of Indonesian migrant workers.   
Jurisdiction of International Court of Justice (ICJ) Over the Genocide Violations: with Special References to Rohingya Case Yordan Gunawan; Sonya Whisler Refisyanti; Aliza Mufida; Kukuh Derajat Takarub; Aisah Nur
Fiat Justisia: Jurnal Ilmu Hukum Vol 14 No 4 (2020)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v14no4.1900

Abstract

In 2019, Gambia, a small country which located in West Africa, is suing Myanmar to the International Court of Justice (ICJ) with alleging that Myanmar has violated the Convention on the Prevention and Punishment of the Crime of Genocide 1948. The governments of Myanmar in doing the violations were intended to destroy the Rohingya Muslim as a group, wholly or partly, followed by other violations such as mass murder, rape, and also damage to the villages by fire with some people are still locked in the house and burnt inside the house. Government of Myanmar keep doing so, because based on Burma Citizenship Law 1982, Myanmar doesn’t recognize the existence of Rohingya as citizen of Myanmar. It causes Rohingya as stateless. The study is normative legal research with Statute Approach and Case Approach. The study analyse the violations which is done by Myanmar to the Rohingya Ethnic in Rakhine. The result shows that International Court of Justice has a jurisdiction upon Rohingya case under the Statute of the Court as well as the Genocide Convention. The statute of the Court in Article 36 (1) stated that ICJ has jurisdiction to all cases of the Convention as long as the states are contracting parties. The Article IX of the Convention also stated that any dispute between contracting parties must be referred to ICJ.
Moral Paradigm in the Establishment of Regulation on Parliamentary Thresholds: An Indonesian Implementation Sholahuddin Al-Fatih; Ahmad Siboy
Fiat Justisia: Jurnal Ilmu Hukum Vol 16 No 1 (2022)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v16no1.2140

Abstract

The moral paradigm in establishing legal norms about parliamentary thresholds in legislative elections is studied through historical, conceptual, and statutory approaches. Figures' perspectives on the moral paradigm and nature's laws are an analysis benchmark. This research is a legal analysis with a conceptual approach. The main objective of this research was to analyse the moral paradigm in the formation of laws regarding parliamentary thresholds in Indonesian elections. According to this research, the establishment and implementation of parliamentary threshold legal norms cannot meet the main legal objectives, namely justice, because parliamentary thresholds are designed to limit political parties' eligibility for parliament in subsequent elections. Therefore, the government canceled the application of the parliamentary threshold through lawmakers and the Constitutional Court in the next election.
Criminal Sanctions’ Reformulation in the Reclamation of the Mining Community Faisal Faisal; Derita Prapti Rahayu; Yokotani Yokotani
Fiat Justisia: Jurnal Ilmu Hukum Vol 16 No 1 (2022)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v16no1.2222

Abstract

The norm of sanctions in Mining Law 2020 through irrational legislative policies can trigger criminal disparities and become a criminogenic factor. Reformulation efforts are needed in formulating sanctions regarding reclamation. This research aims to realign the purpose of criminalizing the post-mining reclamation obligation in the community mining category. The discussion is focused on the provisions reformulation for the community mining category's reclamation obligation. The problem will be researched using normative legal research methods. According to this research, the reclamation obligation sanction is an omission offense. The reclamation omission offense is both a passive law and a formal offense. Reformulation is based on the basic idea of ​​balancing the double-track system of criminal sanctions. Criminal sanctions become the last instrument if the sanctions are ignored. Action sanctions prioritize restoring post-mining environmental conditions. The criminal sanctions threat and fines in the community mining category must be lighter.
Justice in the Income Tax Collection on Sale-Purchase Dewi Fortuna Limurti
Fiat Justisia: Jurnal Ilmu Hukum Vol 16 No 1 (2022)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v16no1.2271

Abstract

Income tax for land and buildings purchase in Indonesia is regulated in Law Number 36 of 2008 regarding Income tax. This law stipulates that one of the tax object’s profits comes from land and building sale-purchase. The research would emphasise that income tax comes from other profits instead of transactions or gross prices. This research uses a normative juridical method. “Profits” has an important note in Income Tax’s calculation in the land and building sale-purchase process. Income taxes are collected by calculating the transfer value’s gross amount rather than profits. This calculation violates the Income-tax Law and is highly burdensome for taxpayers. Therefore, it tarnishes the sense of justice in such tax collection and disharmony between the law and its implementation.
The Basis of Constitutional Adjudication in Germany Nge Nge Aung
Fiat Justisia: Jurnal Ilmu Hukum Vol 16 No 1 (2022)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v16no1.2419

Abstract

The Federal Constitutional Court of Germany leads the judiciary’s independence by protecting human rights within the Basic Law’s legal framework. In this case, the jurisdiction of the Court is essential to analyse comprehensively. The first and foremost function is interpretation. It is concerned with the extent of a supreme federal authority’s rights and duties and the citizens who can enjoy the fundamental rights under the Basic Law. The rest are abstract judicial review, constitutional complaint, and concrete judicial review. These all seem to depend on the Court’s interpretation and the supremacy of human dignity. Therefore, the issues lie when human dignity becomes a constitutional principle to resolve economic, social, and political disputes within the constitutional framework both in Germany and the European Union in practice. This research will used qualitative approach method. According to the literature reviews, human dignity is supreme, but it does not mean absolute.
A Notion of Regulatory Reform Zainal Arifin Mochtar
Fiat Justisia: Jurnal Ilmu Hukum Vol 16 No 1 (2022)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v16no1.2431

Abstract

The types and hierarchies of laws and regulations are constantly changing. Law Number 12 of 2011, as amended by Law Number 15 of 2019, leads to several problems. This research aims to analyse Indonesia's laws and regulations regarding their types and material contents. This is normative legal research employing statutory, historical, and conceptual approaches. The findings of this study are as follows. First, TAP MPR should not be classified into laws and regulations as stipulated by Law Number 12 of 2011, as MPR can no longer issue any regulations after the amendment of the 1945 Constitution. Another problem lies in the absence of review if laws and regulations deviate from TAP MPR. Second, it is essential to restrict Perppu, particularly when issuing it. The President can issue Perppu at will, for there is no definition of compelling exigencies. It should merely be issued during the recess periods of DPR. Third, there is no difference between Government Regulations and Presidential Government content. Fourth, other regulations, especially Permen, prove problematic due to the silo mentality, so that they conflict with each other and even overlap higher regulations
Model of Social Conflict Settlement According to Lampung Adat Law Wahyu Sasongko; Hamzah Hamzah; Harsa Wahyu Ramadhan; Ricco Andreas
Fiat Justisia: Jurnal Ilmu Hukum Vol 16 No 2 (2022)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v16no2.2519

Abstract

The Indonesian nation is heterogeneous because it has various ethnic groups, languages, and customs. This situation indicates that a potential social conflict might occur. In managing potential social conflict, Law No. 7 of 2012 was enacted. This law regulates the resolution of social conflicts through the mechanism of traditional institutions. This research uses a legal concept approach, namely the concept of Lampung adat law, to overcome social conflict. The findings are: First, Law No. 7 of 2012 has not regulated social conflicts settlement specifically in procedural aspect and give a chance to a traditional institution to take its role. Second, Lampung adat law can systematically settle the social conflict through the internalized value of Piil Pesenggiri, which functions as a moral order to Lampung people and heavily relies on the joint meeting of perwatin adat to hold rembuk pekon. This research recommends that social conflicts settlement regulation considers including the Lampung adat law principle into national law. The Lampung local government should manage incoming social conflict based on the traditional institution to provide open space for Lampung adat law in carrying out its role.

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