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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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Telemedicine in Indonesia During the Covid-19 Pandemic: Patients Privacy Rights Protection Overview Muhammad Fakih
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.v16no1.2583

Abstract

During the Covid-19 pandemic, online health services through applications or telemedicine have increased yearly. Many parties are involved in telemedicine to spread the confidentiality of information and patient privacy to various parties. Even though regulations and guidelines regarding telemedicine's implementation during the Covid-19 pandemic are established, personal data leakage still occurs. The problem discussed in this research is: How was telemedicine implemented in Indonesia during the Covid-19 pandemic? And how is the regulation of privacy rights protection for patients who use telemedicine in Indonesia? This research uses a descriptive normative research method with a qualitative approach. The research results show various problems in Indonesia's telemedicine implementation during the Covid-19 pandemic, especially problems related to data protection regulation for telemedicine patients. Based on the author's analysis, no regulations regulate strict sanctions when the patient's data or medical records are not kept confidential. There is no explicit provision that threatens anyone who misuses the patient's data. Thus, it is necessary to have special regulations governing the protection of patients' privacy rights in the use of telemedicine in Indonesia, and Indonesian legislators need to continue the legislative process of the Personal Data Protection Bill.
Mediation Regulation Re-Arrangement’s Efforts At The State Court Based On Confidential Principles As The Parties’ Protection Rika Destiny Sinaga; Joni Emirzon; Muhammad Syaifuddin
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.v16no2.2332

Abstract

Mediation has a confidentiality principle as an advantage that should be able to safeguard the reputation of the disputing parties. Still, mediation arrangements in district courts are influenced by the principle of open trial to the public, causing problems, which are; how is the confidentiality principle-based mediation arrangement in district courts in providing protection for the reputation of the party in the dispute and how efforts to reform mediation arrangements in court to realize the confidentiality principle in settlement of civil cases in district courts which is oriented towards legal protection of the reputation of the litigant by using normative legal research that uses primary, secondary and tertiary legal materials collected by document study and then analyzed using descriptive, comparative, evaluative and argumentative techniques. The conclusion is that the mediation procedure in court is regulated by the Supreme Court Regulation Number 02 of 2003 then replaced by the Supreme Court Regulation Number 01 of 2008. Finally, the Supreme Court Regulation Number 1 of 2016 has regulated the principle of confidentiality but has not fully regulated the principle of confidentiality so that efforts are needed. Regulations on mediation experience law unification and reformation of the civil procedural law. The House of Representatives and the government form a special law to regulate mediation to become the legal basis for laws and regulations that use mediation.
Legal Status and Protection for Women Human Rights Defenders in Indonesia Niken Savitri; Dyan Franciska Dumaris Sitanggang
Fiat Justisia: Jurnal Ilmu Hukum Vol 16 No 4 (2022)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v16no4.2455

Abstract

The term Human Rights Defenders (Pembela HAM in Indonesia) stands for any people or group whose activities revolve around the defense and promotion of human rights and other basic freedoms. In the course of their work, human rights defenders often experience verbal threats, attacks and even physical acts of violence that seriously hamper their activities.Women human rights defenders are an important part of human rights activism. However, they are a vulnerable group because of their position and status as women.  Being vulnerable, the bodies, sexuality and identity of women human rights defenders have been violently attacked through the exploitation of gender stereotypes biased against women. However, it is apparent that women human rights defenders in Indonesia are not adequately protected. This paper employs normative analytical descriptive research methods by looking at the specificity of women human rights defenders as a vulnerable group facing specific attacks and violence, as well as examining various norms of protection. The Government of Indonesia through the existing legal norms has an obligation to fulfil the protection of women human rights defender, considering the vulnerability of women human rights defenders.
Hearsay Evidence Admissibility: Due Process and Evidentiary Rules in Muslim Marriage Legalization (Isbat Nikah) Latifatul Fajriyyah; Alfitri Alfitri
Fiat Justisia: Jurnal Ilmu Hukum Vol 16 No 3 (2022)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v16no3.2464

Abstract

The hearsay evidence is still debated as valid witness evidence in Indonesian civil procedural law. Consequently, there is a disparity in judges’ decisions in handling religious civil cases when the evidence is from “hearsay witnesses.” A case in point is the decision on the application for marriage legalization issued by the Samarinda Religious Court, which received hearsay evidence, and the Samarinda Religious High Court, which rejected it. This paper intends to examine the judge’s considerations in accepting or rejecting hearsay evidence in marriage legalization applications to understand whether these considerations have used appropriate legal arguments per the principles of justice and legal certainty. As a normative-doctrinal legal study, this paper uses case law, statutory, and conceptual approaches in its discussion. It shows that the Samarinda Religious Court accepted hearsay evidence because they considered the exceptional circumstances of the marriage event that they wanted to prove. On the other hand, the Samarinda Religious Higher Court rejected the hearsay evidence because a “hearsay witness” could not be used in a contentious case. Even so, the two decisions have not provided clear legal arguments in accepting or rejecting the hearsay evidence. The development of procedural law jurisprudence in Indonesia opens up opportunities for its use in the evidentiary process to create justice and legal certainty for justice seekers.
The International Health Regulation 2005 and Indonesia’s Actions in Handling the Covid-19 Outbreak as the State’s Responbility Noer Indriati; Aryani Yuliantiningsih; Wismaningsih Wismaningsih
Fiat Justisia: Jurnal Ilmu Hukum Vol 16 No 4 (2022)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v16no4.2566

Abstract

An increase in international trip results in health risks and problems that can be solved through cooperation between countries and international organizations. This study aimed to analyze legal phenomena using certain methods, systematics, and thoughts juridical and statute approaches. The data were analyzed using the normative-qualitative technique. International Health Regulation 2005 is a legal framework of the World Health Organization (WHO) and soft law that requires no ratification. This regulation forms the basis for achieving global health goals, necessitating compliance from countries in line with Articles 2, 3, and 6 of the 2005 IHR. The State's obligations under national and international law in protecting citizens include respecting and fulfilling government implementations. Furthermore, it is expected to issue several laws and provide health facilities and services. The Government continues to increase various efforts to control the spike in active cases, such as through vaccination programs..
Indonesia Obligation to Repatriate Nationals Who Had Joined the Islamic State of Iraq and Syria Hanif Nur Widhiyanti; Mukhlisa Ilman Nafiah Medianto
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.v16no2.2574

Abstract

According to the Montevideo Convention of 1993, the requirements for founding a state are fulfilled possession of people, a region, government, capability to relate to other states, and recognition of sovereignty from other states, making it still debatable whether ISIS can be considered a state or a belligerent organization. Islamic State of Iraq and Syria claim that they possess people, a region, and a government, but in reality, they cannot make diplomatic relations with other states. The National Counter-Terrorism Agency (BNPT) has declared ISIS a radical and terrorist movement. Based on BNPT and Detachment 88 data, it is suspected that 1,276 Indonesian nationals have joined ISIS, and only approximately 297 Indonesian nationals possess Indonesian passports. A debate arises regarding whether the state of Indonesia becomes responsible for its presence and whether they still possess the status of Indonesian nationals. This article is written as the results of normative juridical research that analyzes how the state is responsible for repatriating Indonesian nationals who have joined ISIS. The research found that the nationals who joined ISIS may be categorized as Foreign Terrorist Fighters. Nonetheless, international law does not regulate the nationality status of an individual when the individual becomes a part of FTF. In principle, each state can determine the regulations that organize the acquisition and deprivation of a person's nationality; in other words, the nationality status of FTF who joined ISIS entirely depends on the national law of each state. Therefore, the government of Indonesia still possesses responsibility for returning (repatriating) WNI who have joined ISIS.
Prisma Application as A Measuring Instrument of Corporate Obligations to Respect Human Rights Rehulina Rehulina
Fiat Justisia: Jurnal Ilmu Hukum Vol 16 No 4 (2022)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v16no4.2575

Abstract

The corporation’s obligation to human rights is not a moral but a legal obligation. Although in international law, the regulation regarding this corporate obligation is at the level of the Resolution (UN Framework Protect, Respect and Remedy on Business and Human Rights/General Assembly Resolution) and not a convention which is one of the sources of law known in international law. Because many countries follow this provision, it can be categorized as a source of customary international law, which is also a source of international law. However, this paper will not discuss the UN resolution on Human Rights and Business in the sources of international law, but rather how the state implements the resolution and respects or follows the corporation. In September 2014, Indonesia launched the draft National Action Plan (NAP) for Business and Human Rights. Until now, the NAP has not been legalized. However, the Indonesian government has made a policy to ensure that business actors (corporations) respect human rights in running their businesses. In 2021, through the Ministry of Law and Human Rights, the Indonesian government launched an application called PRISMA (Business Risk Assessment and Human Rights). This application aims to help corporations analyze the possibility of violating human rights when they carry out their business activities. This article aims to study and analyze whether the application of PRISMA from a due diligence principal point of view can be an effective tool to measure state duty to protect and corporate compliance with human rights.
The Legal Politics Harmonization of Sustainable Agricultural Policy Ermanto Fahamsyah; Ruetaitip Chansrakaeo
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.v16no2.2635

Abstract

Sustainable agriculture is one of the future-oriented legal policies. In this case, agriculture is oriented to be preserved, especially for future generations. Problems occur when various laws and regulations governing sustainable agricultural law policies are disharmonies even though they are substantially interrelated. This study aims to initiate legal politics of harmonization of sustainable agricultural policies. This research is normative legal research that focuses on analyzing legal issues. Analysis of legal issues is essential in legal research oriented to prescriptions or legal solutions to the problems being discussed. The approach in this study uses a statutory approach and a conceptual approach. The results of the study confirm that the implications of disharmony of sustainable agricultural law policies in various laws and regulations in Indonesia need to make legal harmonization in planning, formulating, and evaluating legislation. Future improvements to the legal politics of sustainable agriculture in Indonesia can be carried out by harmonization of legal policies related to sustainable agriculture by revising the PP PBP to include sustainable agriculture as one of its regulatory substances.
Audit Board Of Indonesia’s Supervision Duty Reviewed From Islamic Law Perspective For Acceleration Of Sustainable Development Palmawati Taher; Dwi Andayani Bs; Muhammad Rizqi Fadhlillah
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.v16no2.2645

Abstract

State Financial Auditing Board, also known as the BPK, whose job is to look into the management and responsibility of state finances, shared the same principle with Mazhalim Region, an institution in Islamic state administration that looks into cases involving state property. In Islam, laws are typically made to safeguard wealth from those who are overly ambitious or greedy for things that a Muslim would consider to be enough to satisfy their needs. The principle is crystallized in Muslim life: Amar ma'ruf nahi mungkar became the leading guide in achieving a better life. The position of the BPK in the Indonesian and Mazhalim Region in Islamic State administration systems concerning accelerating sustainable development is attracting considerable interest in this paper to see the supervision of the BPK's task from an Islamic perspective. Since the law is conceptualized as a social norm or rule that governs everyone's behavior, it is the primary focus of this study. Thus, compiling positive law, principles, doctrines of law, legal discovery in concreto cases, systematic law, synchronization levels, legal comparisons, and legal history are concerns of normative legal research.
Restorative Justice for Users of Narcotics Through Implementation of Depenalization Muhammad Ihsan; Maroni Maroni; Ruben Achmad
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.v16no2.2649

Abstract

Restorative Justice is a policy that puts a focus on recovery rather than retaliation. The Restorative Justice implementation, considered more effective in terms of Justice and effectiveness, makes the Restorative Justice policy renewal of the criminal law system in Indonesia. The writing of this article uses a descriptive-analytical research method that prioritizes a normative juridical approach, with the formulation of the problem regarding the role of Restorative Justice as an effort to reform criminal law and the implementation of Restorative Justice as an alternative step in law enforcement for narcotics crimes. The result of this article is that the policy regarding Restorative Justice in its application is an update in law, especially criminal law. Conventional Justice Policies which are considered ineffective in their application are now being updated through the Restorative Justice policy; in addition to the context of the application, which is not only applied within the scope of general criminal law, in Narcotics crimes, a criminal settlement mechanism is also applied using Restorative Justice policies as stated in the Circular Letter of the Supreme Court Number 4 of 2010 concerning Placement of Abuse, Victims of Abuse and Narcotics Addicts into Medical and Social Rehabilitation Institutions (SEMA.4/2010). Rehabilitation of a Narcotics defendant can be carried out if it meets the requirements described in the regulation.

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