Fiat Justisia: Jurnal Ilmu Hukum最新文献

Compulsory Licensing in Intellectual Property Rights (IPR): Current Application and Future Prospects in Indonesia 知识产权（IPR）中的强制许可：印度尼西亚目前的应用情况和未来前景

Fiat Justisia: Jurnal Ilmu Hukum Pub Date : 2024-07-11 DOI: 10.25041/fiatjustisia.v18no2.3399

S. Sahlan, Ilham Nurman, Abdul Karim Uddin, Andi Bustamin Daeng Kunu

引用次数: 0

The Effectiveness of Legal Aid Standards for Suspects in the Indonesian Criminal Justice System in Achieving Access to Justice 印度尼西亚刑事司法系统中犯罪嫌疑人法律援助标准在实现诉诸司法方面的有效性

Fiat Justisia: Jurnal Ilmu Hukum Pub Date : 2024-07-05 DOI: 10.25041/fiatjustisia.v18no2.3249

Nurani Ajeng Tri Utami, Dwiki Oktobrian, Enny Dwi Cahyani, Gebi Emada Turnip, Fadia Rahma Safitri

{"title":"The Effectiveness of Legal Aid Standards for Suspects in the Indonesian Criminal Justice System in Achieving Access to Justice","authors":"Nurani Ajeng Tri Utami, Dwiki Oktobrian, Enny Dwi Cahyani, Gebi Emada Turnip, Fadia Rahma Safitri","doi":"10.25041/fiatjustisia.v18no2.3249","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v18no2.3249","url":null,"abstract":"The implementation of legal aid service standards, as outlined in Regulation No. 4 of 2021 by the Minister of Law and Human Rights of Indonesia, was expected to enhance the quality of legal aid services. However, in reality, suspects continue to experience inconsistent access to their rights, especially within the criminal justice system. This study aims to investigate the application of these standards across the police, prosecutor's office, and court sectors. Employing an empirical juridical approach with a qualitative and comparative study method, data was gathered through interviews and literature review, then analyzed using content and comparative analysis techniques. The findings reveal that the enforcement of legal aid service standards in the criminal justice system has been ineffective, marked by frequent violations of suspects' rights. These violations include providing indirect assistance, inadequate representation at various stages of trials, appointing advocates not affiliated with accredited LBH (Legal Aid Institute), and advocates displaying insufficient responsiveness and engagement in assisting suspects. Such violations significantly hinder suspects' access to justice within the criminal justice system.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141673633","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Establishment of Village Regulations in the Context of Village Democratization 乡村民主化背景下村规民约的制定

Fiat Justisia: Jurnal Ilmu Hukum Pub Date : 2024-07-05 DOI: 10.25041/fiatjustisia.v18no2.3204

Yulia Neta, B. Budiyono, A. Firmansyah, Malicia Evendia

{"title":"The Establishment of Village Regulations in the Context of Village Democratization","authors":"Yulia Neta, B. Budiyono, A. Firmansyah, Malicia Evendia","doi":"10.25041/fiatjustisia.v18no2.3204","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v18no2.3204","url":null,"abstract":"The enactment of Law Number 6 of 2014 concerning Villages introduces a distinct dimension to the democratization process within villages, emphasizing recognition and subsidiarity that portrays villages not merely as geographic entities but as integral parts of their socio-cultural communities. Currently, the formulation of village regulations as a manifestation of village autonomy remains a stagnant process. This article aims to critically examine the development of village regulations within the framework of village democratization, employing doctrinal research methods alongside statutory and conceptual approaches. Findings reveal that village regulations constitute a subset of statutory regulations, incorporating provisions from higher-level frameworks while embodying community participation grounded in village-specific authority and rights. The transformation prompted by Law Number 6 of 2014 enhances the scope for village democratization, influencing the formulation of regulations that must meet both substantive and procedural requirements, thus presenting villages with opportunities and challenges in realizing local democratization effectively.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141676547","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Appointing Constitutional Court Justices with Statesman Qualification through Transparent Selection Mechanism 通过透明的遴选机制任命具有政治家素质的宪法法院法官

Fiat Justisia: Jurnal Ilmu Hukum Pub Date : 2024-04-17 DOI: 10.25041/fiatjustisia.v18no1.3240

I. Satriawan, Hanifa Erianto

{"title":"Appointing Constitutional Court Justices with Statesman Qualification through Transparent Selection Mechanism","authors":"I. Satriawan, Hanifa Erianto","doi":"10.25041/fiatjustisia.v18no1.3240","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v18no1.3240","url":null,"abstract":"There is an unclear definition regarding the qualification of a statesman in the candidacy of Constitutional Court Justices. In addition, no assessment is used to search for those who qualify as statesmen. This study aims to determine the nature and characteristics of statesmen as an indication of the selection mechanism of Indonesian Constitutional Court Justices and evaluate whether the selection mechanism may produce justice with statesman qualification. The research method is normative and empirical legal research, which uses philosophical, historical, conceptual, and statute approaches. The result shows that the concept and nature of statesmanship as a requirement for Constitutional Court Justices is based on the Republic of Indonesia's Constitution and the Constitutional Court Law, which states that Constitutional Court Justices must meet the requirements such as integrity and impeccable personality, fair; and statesman who control the Constitution and state administration. However, the recruitment procedure is excessively more political and unstandardized. Therefore, the current mechanism for selecting Constitutional Court Justices may not generate Justices with statesman-like behavior. The research recommends that in the future, the selection mechanism of the Constitutional Court Justices needs to be reconstructed to produce Justices with statesman qualifications by having a more transparent procedure.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140692998","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Additional Legal Protection for Corruption Whistleblowers 为腐败行为举报人提供更多法律保护

Fiat Justisia: Jurnal Ilmu Hukum Pub Date : 2024-04-17 DOI: 10.25041/fiatjustisia.v18no1.3273

Ahmad Irzal Fardiansyah, Muhammad Farid, Ramadani Fitra Diansyah P

引用次数: 0

Criminal Liability of Legal Entities Under Law Number 23/010 on the Congo Digital Code 关于刚果数字法典的第 23/010 号法律规定的法人刑事责任

Fiat Justisia: Jurnal Ilmu Hukum Pub Date : 2023-12-20 DOI: 10.25041/fiatjustisia.v17no4.3005

Obed Kongolo Kanowa

引用次数: 0

Development of The Default Concept Against Losses Due to Standard Agreements for Opening Banking Accounts 针对银行开户标准协议造成损失的违约概念的发展

Fiat Justisia: Jurnal Ilmu Hukum Pub Date : 2023-12-19 DOI: 10.25041/fiatjustisia.v17no4.3015

Sepriyadi Adhan Sulaiman, Joni Emirzon, Hamzah Hamzah

{"title":"Development of The Default Concept Against Losses Due to Standard Agreements for Opening Banking Accounts","authors":"Sepriyadi Adhan Sulaiman, Joni Emirzon, Hamzah Hamzah","doi":"10.25041/fiatjustisia.v17no4.3015","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v17no4.3015","url":null,"abstract":"Bank’s as commercial service providers aim, among others, to generate profits. In terms of providing their services they make agreements with consumers. Therefore the basis of the bank's legal responsibility with customers is contractual responsibility and the legal basis for the customer's lawsuit against the bank is a violation of the agreement or default. A detailed distinction of responsibility is not found in the Consumer Protection Law, as is known from the relatively large number of decisions of the Consumer Dispute Settlement Body throughout Indonesia that were canceled by the Supreme Court for various reasons. In that regard, one of the reasons is that the Consumer Protection Law does not regulate the legal basis for lawsuits other than tort. This research uses a normative method that refers to Law Number 8 Year 1999 on Consumer Protection and principles as the basis for enforcing the law. The conceptual method is used by connecting and interpreting legal principles concerning consumer protection against unlawful acts on the principle of bank responsibility. The results of this research indicate that there is a need for a legal conception of the development of risk-based bank responsibility principles for losses due to standard agreements in opening banking accounts as a form of consumer protection. It is also an embodiment of the Consumer Protection Law which aims to create a balance of protection of consumer interests and business actors as an effort to create a healthy economy.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138961638","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Impact of Regulating Inadequate Local Tax Types on Fiscal Independence 规范不完善的地方税种对财政独立的影响

Fiat Justisia: Jurnal Ilmu Hukum Pub Date : 2023-12-18 DOI: 10.25041/fiatjustisia.v17no4.3049

Muja'hidah Muja'hidah, A. S. Syamsuddin

{"title":"Impact of Regulating Inadequate Local Tax Types on Fiscal Independence","authors":"Muja'hidah Muja'hidah, A. S. Syamsuddin","doi":"10.25041/fiatjustisia.v17no4.3049","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v17no4.3049","url":null,"abstract":"The autonomy of a region is measured by its ability to generate and finance income without relying on the central government. The effective operation of the government necessitates a budget and different regions possess the authority to impose taxes in generating revenue. This is stipulated in Law Number 1 of 2022 pertaining to the Financial Relations Between the Central and Local Governments. In this Law, local governments are prohibited from levying new types of taxes. Furthermore, only the specified types can be selected and should be established in the form of local regulations (Perda). The selection requires that the tax objects exist and have sufficient potential to increase Local Revenue (PAD) and fiscal independence. Therefore, this study aimed to understand and analyze the meaning of regulating tax types for autonomous regions and to analyze the implications of inadequacy on fiscal independence. Normative-juridical research type is used with legislation, conceptual, and historical approaches. The result shows that the implication of inadequate tax types to be collected can weaken fiscal decentration. This is because the inadequate tax object does not make a significant contribution to increasing PAD. Therefore, a study in the form of a feasibility study is needed to map the potential of local taxes before stipulating the type in the regulation.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138963548","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Role of Investigators in Collecting Evidence Using Sniffer Dogs (K9) Against Narcotics Crimes 调查员在使用嗅探犬（K9）收集毒品犯罪证据中的作用

Fiat Justisia: Jurnal Ilmu Hukum Pub Date : 2023-12-15 DOI: 10.25041/fiatjustisia.v17no4.3229

Rinaldy Amrullah, Nurul Riskia Safitri Sihite

{"title":"The Role of Investigators in Collecting Evidence Using Sniffer Dogs (K9) Against Narcotics Crimes","authors":"Rinaldy Amrullah, Nurul Riskia Safitri Sihite","doi":"10.25041/fiatjustisia.v17no4.3229","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v17no4.3229","url":null,"abstract":"The use of sniffer dogs (K9) to assist the police in carrying out their duties in collecting evidence of narcotics crimes where investigators are allowed to use all means by applicable laws and regulations in assisting their duties in disclosing a criminal offense. This research uses normative and empirical juridical approaches. The results of research and discussion conclude that the Role of Investigators in Collecting Evidence Using Tracking Dogs (K9) includes normative, ideal, and factual roles. Factors inhibiting investigators from carrying out their role in collecting evidence using sniffer dogs (K9) are regulations regarding the use of sniffer dogs (K9), which are only limited to the Decree of the National Police Chief No. Pol: SKEP/251/IV/2004 and No.Pol: SKEP17/X/2011. There should be a legal basis that regulates the validity or use of the Law Law. In this case, the law enforcement apparatus factor is the lack of police officers who serve as dog handlers or K9s at Polda Lampung, and the infrastructure factor is still less than optimal health management of animal units, namely sniffer dogs (K9).","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138997213","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Update on the Law Regarding the Control of Minimarket to Protect Small Retailers 有关控制小型市场以保护小型零售商的法律的最新情况

Fiat Justisia: Jurnal Ilmu Hukum Pub Date : 2023-12-11 DOI: 10.25041/fiatjustisia.v17no4.2996

Indrajaya Indrajaya, Mulyadi Tanzili

{"title":"Update on the Law Regarding the Control of Minimarket to Protect Small Retailers","authors":"Indrajaya Indrajaya, Mulyadi Tanzili","doi":"10.25041/fiatjustisia.v17no4.2996","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v17no4.2996","url":null,"abstract":"The increase in the establishment of minimarkets has implications for micro and small business actors, including owners of grocery stores and stalls that sell goods similar to minimarkets. Whereas this business sector is the largest in contributing to the Indonesian national economy. One of the factors causing the increase in the establishment of minimarkets is the regulation made by the government in the form of laws, government regulations, presidential regulations and ministerial regulations that provide convenience in the establishment of minimarkets. Therefore, it is necessary to have legal arrangements in regulating the increase in the establishment of minimarkets in order to protect micro and small businesses. This Journal writing uses normative legal research methods using primary legal materials and secondary data obtained through library data. The results showed that there was an impact of the existence of minimarket outlets on the income of retail traders and grocery stores experiencing changes in income. the traders experienced a decrease in turnover and the amount of income per day. The implication becomes the basis for the formation of the concept of new rules in maintaining business balance as an effort to protect the business actors of Grocery Stores and Stalls from the rampant establishment of Minimarket in the form of a review of the articles related to the existence of Minimarket adjacent to residential areas and fill the legal vacuum related to the distance setting of Minimarket establishment with other Minimarket as well as restrictions on granting business licenses, setting working hours and setting administrative sanctions.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138979841","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0