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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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Immaterial Compensation Not Criminal Losing Lives as an Implementation of Victim Protection Tommy Tommy; Febrian Febrian; Nashriana Nashriana; Ruben Achmad
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.v16no3.2656

Abstract

Immaterial compensation is compensation that cannot be calculated with money, such as pain, loss, and psychic, but the compensation can be replaced with some money. The existence of immaterial compensation aims to protect victims of loss of life from other people such as children and wives, families, and parents. Based on the Criminal Code, hereinafter referred to as the Criminal Code, the regulation of the crime of taking life is regulated in Articles 338 to 340. The most severe threat of punishment is contained in Article 340 of the Criminal Code, namely the death penalty, or can be said to be life imprisonment, or for a while. certain period, with a maximum period of 20 (twenty) years. Therefore, the existence of liability for compensation from the defendant to the victim can reduce the defendant's sentence or can replace the main sentence of the defendant.T he  research  method uses  a  type  of  qualitative  research  sourced  from the various  scientific  literature. 
The Urgence of Whistleblower Legal Protection in the Criminal Justice System Abdul Wahid
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.v16no4.2660

Abstract

The role of the whistleblower is significant in uncovering a case because many cases are not revealed. After all, no one reports or becomes a whistleblower. A whistleblower is legally protected and cannot be prosecuted civilly or criminally. Although currently, there is a Witness and Victim Protection Agency that carries out the task of protecting witnesses and victims, the Witness and Victim Protection Agency have not yet reached out to whistleblowers. The protection is given to whistleblowers only reduces punishment if the whistleblower is involved in the reported case or witnesses the perpetrator. The form of protection given to whistleblowers is legal and unique, and protection is not provided if the witness does not give testimony in good faith. So it is necessary to revise the Criminal Procedure Code and the Law on the Protection of Witnesses and Victims so that the whistleblower who is a witness to the perpetrator is included as one who should be protected by both criminal charges, even though he is the perpetrator and not only reduces the sentence.
Sustainable Development Prinsiples: Legal Aspect Disaster Management Policies Sulbadana Sulbadana
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.v16no3.2661

Abstract

The earthquake, tsunami and liquefaction disaster resulted in casualties, environmental damage, property losses and psychological impacts. According to satellite image data obtained from the International Disaster Charter, the structural damage in Palu City due to the earthquake and tsunami reached 2,403 buildings. This caused the paralysis of Palu City from various aspects with a record of around 70,000 people were displaced. Palu city is one of the Central Sulawesi cities with a very high earthquake potential. Sustainable development is one of the most fundamental principles of international law relating to environmental preservation and development. The concept of sustainable development policy was first introduced in 1987 by the World Commission on Environment and Development (WCED) through its report entitled Our Common Future. In Our Common Future, sustainable development is emphasized as a development which can meet the needs of the present without compromising the ability of future generations to meet their needs. Thus, the concept of sustainable development is essentially fair in utilizing natural resources while still paying attention to the resource needs of future generations. After the disaster in Palu City, the Regional Government attempted to make policies to immediately restore the situation, both physical development in the form of facilities and infrastructure as well as non-physical or social restoration. For this reason, this study aims to determine whether government policies after the earthquake, tsunami and liquefaction are following the principles of Sustainable Development. This research is descriptive-analytical, meaning that this research is not only limited to an activity to collect and compile or explain primary, secondary and tertiary legal materials, but also to analyze them concerning legal theories and the practice of implementing positive law which concerns the problem (research object). The approach used in this legal research is an approach to various international legal instruments related to the object of research as well as to take a historical approach to these international legal instruments, to understand changes and developments in the philosophy that underlies the rule of law to facilitate the analysis of the object of research and the case approach, related to legal issues that will be examined in this study.
Information Security in the National Security System in the Modern Age Hussein Vakhaevich Idrisov
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.v16no4.2665

Abstract

The article is devoted to the legal analysis of information security as an important regulatory institution in the modern digital age. Relevance of the study is that information and its sources, as well as the means of its protection are, without a doubt, the most important tool for influencing political, economic, socio-legal and other processes in the globalized world today. Of course, in light of the recent events, information security is also one of the key elements of the national security of any state.It is emphasized separately that ensuring information security in the national security system of the state at the present stage of development of this institution is a guarantee that the activities of state structures in this area will be the most effective and systematic. The objective of the work is to conduct a scientific, legal and regulatory analysis of such important categories that form the institution of information security such as: information, security, as well as formulating the author's definitions under study.The methodological basis of the work is the following methods: synthesis, induction, deduction, as well as a number of special methods of scientific knowledge: historical, linguistic, comparative legal, formal legal.Finally, a number of conclusions are formulated and the author's definitions of the studied scientific and legal categories are given.
Implementation of Death Penalty Crime: Dilemma between the Nationality Principle and Human Rights Henry Yoseph Kindangen; H.S Tisnanta; Djoko Priyono
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.v16no3.2669

Abstract

Extradition and prosecution are cornerstones of international law cooperation’s enforcement to prevent immunity from criminal responsibility, especially regarding the refusal to extradite nationals. The principle’s implementation in its development is influenced by the trend from abolitionist countries to refuse the requests for Mutual Legal Assistance in criminal matters (MLA) related to death penalty crimes. Guarantees from requesting the state not to impose death penalty sentences needs to implement nationality jurisdiction if the state refuses to extradite its citizens to another country. Countries that impose death penalty demonstrate that the nationality principle is very successful in investigating crimes committed abroad, whereas countries that have abolished the death penalty consider the nationality principle to be a violation of human rights. This paper focuses its discussion on the usefulness of Article 8 paragraph (5) of the Criminal Code Draft, which regulates the exceptional nature of the death penalty in the nationality principle’s implementation. This paper concludes that the exceptional nature of the death penalty in nationality principles' implementation is regulated in Article 8 paragraph (5) of the Criminal Code Draft. This Article elaborates that a country of hindered crime could prevent MLA requests from Indonesia related to death penalty crimes based on its international obligations and the perspective of human right. This research uses a normative approach and pragmatic-descriptive analysis.
Legal Literacy Strengthening for Indonesian Migrant Workers: Self-Help Ability to Survive the Life Vera Bararah Barid; Sri Wahyu Kridasakti; Purwaningdyah Murti Wahyuni
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.v16no3.2673

Abstract

Indonesian migrant workers are foreign exchange heroes, and their presence can get better welfare for their families and surrounding communities. However, the state's contribution to Indonesian migrant workers is still not maximized. It can be seen in several cases faced by Indonesian migrant workers in destination countries. One of the main factors causing various legal problems faced by migrant workers is the lack of knowledge and skills in the practical field of law related to their work and work environment. This paper will discuss legal literacy as the determinant factor to be mastered by Indonesian migrant workers to survive working in other countries. This socio-legal research uses a qualitative approach; the data used are primary that have been collected for the last three years (2020-2022, and secondary data. Primary data is based on survey results (2020) and FGDs with experts conducted in the previous three years. The secondary data comes from journals, books, reports, and other related articles. This paper concludes that the distance education and learning platform with continuing education (non-degree) service format is the most suitable and efficient design for providing access to education for migrant workers to survive their life in overseas.
Environmental Management Based on Islamic Sharia and Customary Law in Aceh zahratul idami; Israr Hirdayadi; Qudwatin Nisak M Isa; Alfi Rahman
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.v16no3.2680

Abstract

This paper discuss how Islamic and customary laws regulate environmental management in Aceh. A qualitative approach was used by implementing a normative juridical method. First, the data from various literature or references and documents were gathered related to the topic. It was then qualitatively analysed using the concept, constitutional and historical approaches, and Islamic environmental management regulations. According to the study's findings, the Islamic Shari'a and Aceh Customary Law cannot be separated, citing the hadith Maja "Adat ngon hukom lagee zat ngon sifeut." All customary law-based environmental management adheres to Islamic law. In the Prophet's hadith, whoever cut the sidr tree will go to hell. Under the customary law of Aceh, it is prohibited to cut trees tualang, kemuning, ketapang, etc in the forest. Except with Keujreun's permission. According to Aceh Customary Law, anyone who keeps livestock must be careful to keep them restrictions in opening land in a specific location, such as a spring source. All humans have the legal status of muhtaram in Islamic Law, not in an honourable sense. Still, their existence must be protected as living beings as well as lifeless beings, and all must be protected by their existence rights.
Conceptualizing Legal Harmonization Approach In Malaysia Mohamad Ismail Bin Mohamad Yunus
Fiat Justisia: Jurnal Ilmu Hukum Vol 17 No 1 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no1.2508

Abstract

Legal harmonization is a fundamental notion of comparative law that has been on the international and national agendas for the last decade. Harmonization, which derives from the word “harmony,”  has a variety of meanings, one of which, in the perspective of the discussion of this topic, is the readiness and the openness to recognize, acknowledge, adopt, or accept anything produced, practiced by or originating from man-made laws, modern secular traditions, customs and usages, cultures, societies, systems or institutions which is considered to be in “harmony” with or not opposed to the worldview, principles, values, teachings, and norms of Islam. Thus, the conceptualizing approach of harmonization of legal knowledge and education is a process of actualizing the divine imperatives in the legal arena. In Malaysia, several endeavors have sought the similarity between legal rules from different jurisdictions; however, their achievements remain contested since there is no comprehensive understanding of the nature and extent of harmonization. Thus, this article examines different facets of harmonization by considering it a legal phenomenon instead of a distinct process of drafting similar rules. Adopting a comprehensive understanding of harmonization as a legal phenomenon may help better assess the strengths of the implementation processes and formulate adequate new legal endeavors.
Legal Studies on EU Policies: Why Labour Migration Status as a Binary Nguyen Thuy Anh
Fiat Justisia: Jurnal Ilmu Hukum Vol 17 No 2 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no2.2599

Abstract

In the framework of the post-Covid-19 pandemic, Europe is facing two problems in terms of migrant workers: a shortage of agricultural production workers in some countries and the "coercive acceptance" of undocumented migrant workers. Most EU countries are in a state of economic recovery after the pandemic, so production activities need to be restored at a reasonable cost. However, the aging population in some European countries is forcing governments to hire foreign workers at high costs. To balance the needs in the economic calculation, irregular migrant workers are considered a suitable temporary solution. Besides, reopening diplomatic programs with strategic partner countries is extremely urgent. Therefore, the question of reducing illegal migration without building an iron wall in diplomacy is remarkable. In this context, the author based on the analysis of EU policy for migrant workers and based on the case of Spain and the methodology applied to answer research questions will be based on comparison qualitative research. I focus on analyzing the concept between illegal and irregular migration from the perspective of human rights law and humanitarian factors. In addition, there are aspects of migrant workers in some EU legal documents to protect the rights of migrant workers and their families.
Redesigning: Handling Of Indonesian Election Violations Abroad To Realizing Quality 2024 Elections Andi Intan Purnamasari; Sulbadana Sulbadana; Supriyadi Supriyadi; Aminuddin Kasim
Fiat Justisia: Jurnal Ilmu Hukum Vol 17 No 1 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no1.2637

Abstract

Handling election violations abroad is one of the determinants of the quality of elections in Indonesia. With the rise of cases that occurred abroad during the 2019 general election, it is hoped that this will be a lesson to make an ideal design for handling election violations abroad in 2024. This research is executed differently from existing or previous research, for Example “The novelty of this research will make a significant contribution to determining the means, size, and function of the parliamentary threshold in the legislative election.” The conclusions of the research show that first, the urgency of handling election violations abroad to create order and peace, protect constitutional rights and uphold justice. Second, to realize the ideal design for handling election violations abroad in 2024, it is carried out increasing the number of members of the Overseas General Elections Supervisory committee from 3 to 5 people, making changes to Article 112 letter c, Article 507 of the Election Law, Article 13 paragraph (4) of the Regulation of General Elections Supervisory Agency Number 7 of 2018 and Article 60 paragraph (1) of the Regulation of General Elections Supervisory Agency Number 8 of 2018, and changing the paradigm of law enforcement from compliance level to internalization of legal Compliance in the 2024 elections.

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