Fiat Justisia: Jurnal Ilmu Hukum最新文献_第5页

Mediation Regulation Re-Arrangement’s Efforts At The State Court Based On Confidential Principles As The Parties’ Protection 以当事人保密原则为保障的国家法院调解规则重整之努力

Fiat Justisia: Jurnal Ilmu Hukum Pub Date : 2022-07-19 DOI: 10.25041/fiatjustisia.v16no2.2332

Rika Destiny Sinaga, Joni Emirzon, M. Syaifuddin

{"title":"Mediation Regulation Re-Arrangement’s Efforts At The State Court Based On Confidential Principles As The Parties’ Protection","authors":"Rika Destiny Sinaga, Joni Emirzon, M. Syaifuddin","doi":"10.25041/fiatjustisia.v16no2.2332","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v16no2.2332","url":null,"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.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127376211","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

Audit Board Of Indonesia’s Supervision Duty Reviewed From Islamic Law Perspective For Acceleration Of Sustainable Development 从伊斯兰教法的视角看印尼审计委员会监督职责加快可持续发展

Fiat Justisia: Jurnal Ilmu Hukum Pub Date : 2022-07-19 DOI: 10.25041/fiatjustisia.v16no2.2645

Palmawati Taher, Dwi Andayani Bs, Muhammad Rizqi Fadhlillah

{"title":"Audit Board Of Indonesia’s Supervision Duty Reviewed From Islamic Law Perspective For Acceleration Of Sustainable Development","authors":"Palmawati Taher, Dwi Andayani Bs, Muhammad Rizqi Fadhlillah","doi":"10.25041/fiatjustisia.v16no2.2645","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v16no2.2645","url":null,"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.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133533615","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

Model of Social Conflict Settlement According to Lampung Adat Law 基于楠榜法的社会冲突解决模式

Fiat Justisia: Jurnal Ilmu Hukum Pub Date : 2022-06-17 DOI: 10.25041/fiatjustisia.v16no2.2519

Wahyu Sasongko, H. Hamzah, Harsa Wahyu Ramadhan, Ricco Andreas

{"title":"Model of Social Conflict Settlement According to Lampung Adat Law","authors":"Wahyu Sasongko, H. Hamzah, Harsa Wahyu Ramadhan, Ricco Andreas","doi":"10.25041/fiatjustisia.v16no2.2519","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v16no2.2519","url":null,"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.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123498801","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 Basis of Constitutional Adjudication in Germany 德国宪法裁判的基础

Fiat Justisia: Jurnal Ilmu Hukum Pub Date : 2022-06-07 DOI: 10.25041/fiatjustisia.v16no1.2419

Nge Nge Aung

引用次数: 1

Moral Paradigm in the Establishment of Regulation on Parliamentary Thresholds: An Indonesian Implementation 建立议会门槛规则的道德范式:印尼的实施

Fiat Justisia: Jurnal Ilmu Hukum Pub Date : 2022-06-07 DOI: 10.25041/fiatjustisia.v16no1.2140

Sholahuddin Al-Fatih, Ahmad Siboy

引用次数: 0

A Notion of Regulatory Reform 监管改革的概念

Fiat Justisia: Jurnal Ilmu Hukum Pub Date : 2022-06-07 DOI: 10.25041/fiatjustisia.v16no1.2431

Zainal Arifin Mochtar

引用次数: 2

Justice in the Income Tax Collection on Sale-Purchase 买卖所得税征收的公平性

Fiat Justisia: Jurnal Ilmu Hukum Pub Date : 2022-06-07 DOI: 10.25041/fiatjustisia.v16no1.2271

Dewi Fortuna Limurti

引用次数: 0

Domestic Violence against Women in Indonesia: The Recent Domestic Violence Elimination Law Analysis 印度尼西亚对妇女的家庭暴力:最近的消除家庭暴力法律分析

Fiat Justisia: Jurnal Ilmu Hukum Pub Date : 2021-06-30 DOI: 10.25041/fiatjustisia.v15no4.2276

M. Mahfud, Rizanizarli Rizanizarli

{"title":"Domestic Violence against Women in Indonesia: The Recent Domestic Violence Elimination Law Analysis","authors":"M. Mahfud, Rizanizarli Rizanizarli","doi":"10.25041/fiatjustisia.v15no4.2276","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v15no4.2276","url":null,"abstract":"Even though Law Number 23 of 2004 concerning on the Elimination of Domestic Violence was promulgated fifteen years ago, the number of domestic violence against women has not significantly decreased. The Law has not set concrete actions that may fall under the domestic violence that can be punished, particularly in terms of sexual abuse psychological violence, and negligence in household towards women. This research aims to analyze domestic violence against women in this Law and the conducts that are considered to be domestic violence which is commonly found in daily life in Indonesia. A purely qualitative research method encompassing document analysis of key documents in Indonesia and the Anti-Domestic Violence Law 2004 is adopted in this paper. The research reveals that This Law is particularly protecting women from household violence in Indonesia. The law has recognized physical violence, sexual violence, psychological violence, and negligence as sorts of domestic violence against women in household although it might find difficult to enforce the law when dealing with marital rape regarding lack of reports from victims and polygamy concerning circumstances that can be used to criminalize the perpetrators.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121063452","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: 4

Environmental Corruption Prevention Policies Through Independent Agencies 通过独立机构防止环境腐败的政策

Fiat Justisia: Jurnal Ilmu Hukum Pub Date : 2021-06-30 DOI: 10.25041/fiatjustisia.v15no4.2245

Mirnawanti Wahab, Rizki Ramadani

{"title":"Environmental Corruption Prevention Policies Through Independent Agencies","authors":"Mirnawanti Wahab, Rizki Ramadani","doi":"10.25041/fiatjustisia.v15no4.2245","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v15no4.2245","url":null,"abstract":"This article aims to explain the patterns of corruption in the environmental sector (environmental corruption) and the possibility for Independent agencies to address them. Also, to initiate a better policy and supervision against environmental corruption in Indonesia. The research was carried out based on the normative legal method (library research) towards secondary data using a statutory, conceptual, and comparative approach. The results show that the main pattern of environmental corruption involves corrupt actors in bureaucratic institutions that cause weak environmental policies and supervision. The benefit of Independent Agencies with structural and personnel independence is expected to fill the gap in the old bureaucratic management and reduce corruption. The regulatory power of such agencies can also set more stringent environmental policy and supervision. Thus, there needs to be institutional reform in the environmental authorities for future policies by establishing an independent agency. The new agency must also have the power to formulate and enact policies in environmental management and give them authority to investigate and impose sanctions. We also recommend compiling a national strategic program in the form of work synergy between independent agencies in the environmental and anti-corruption sector.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128592165","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: 2

The House of Representatives’ Role in Guarding Government Policies to Resolve the Covid-19 Pandemic According to the 1945 Constitution 根据1945年宪法，众议院在维护政府应对新冠疫情政策中的作用

Fiat Justisia: Jurnal Ilmu Hukum Pub Date : 2021-06-30 DOI: 10.25041/fiatjustisia.v15no4.2314

Bayu Dwi Anggono, F. Firdaus

引用次数: 1