473 hasil
Menampilkan 1–20 · 0,06 detik · RSS
Fiat Justisia
ISSN 1978-5186 · University of Lampung · 473 artikel di indeks
-
Artikel Jurnal
Childless Marriage in Indonesian Law: A Maqāṣid al-sharī‘ah Analysis of Ḥifẓ al-nasl
Examines childless marriage in Indonesian law through a maqāṣid al-sharī‘ah [objectives of Islamic law] perspective, with particular attention to the interpretation of ḥifẓ al-nasl [protection of lineage]. It analyzes how Indonesian positive law and Islamic legal objectives conceptualize…
-
Artikel Jurnal
Halal Certification and Trademark for Consumer Protection in Indonesian Micro-Enterprises
Halal certification and trademark registration are key legal instruments for strengthening consumer trust in Muslim-majority markets such as Indonesia. For micro-enterprises, they function not only as regulatory compliance mechanisms but also as strategic tools for brand differentiation and market…
-
Artikel Jurnal
Silencing Constitutional Rights and Repressive Actions by the Authorities: A Comparative Criminal Law Analysis of Indonesia and Nepal
The policing of protests in Indonesia and Nepal, revealing systemic patterns of excessive force, arbitrary detention, and the criminalization of political expression. In Indonesia, the August 25–29, 2025 protests involved structured abuse of authority, including physical persecution, deprivation of…
-
Artikel Jurnal
The Significance of Mediator Certificate for Village Heads in Dispute Resolution
Humans are social beings whose interactions often generate conflicts arising from differing interests. Dispute resolution may be pursued through litigation or non-litigation mechanisms, including mediation. This study examines village-level mediation conducted by Kepala Desa (village head), which…
-
Artikel Jurnal
Secondary Victimization and Criminal Liability of Crime Victims in the Sleman Snatching Case: A Human Rights Criminology Perspective
Snatching is a street crime that threatens personal security and prompt spontaneous responses from victims or their family members when formal protection is unavailable or perceived as inadequate. This article examines secondary victimization and criminal liability in the Sleman snatching case, in…
-
Artikel Jurnal
Institutional Reform of Criminal Justice Oversight and Legal Pluralism Toward Integrated Independent Models in Indonesia and Russia
Criminal justice oversight is a critical concern in constitutional democracies, particularly those marked by strong executive systems and legal pluralism. Indonesia and Russia present contrasting institutional weaknesses: Indonesia has fragmented oversight structures that undermine coordination…
-
Artikel Jurnal
Sustainability Agreements and Green Collaboration: Challenges and Opportunities within the Indonesian Competition Law Framework
This article examined the emerging concept of sustainability collaboration within Indonesia's competition law framework, highlighting the need to reconcile environmental sustainability with effective market competition. Indonesian competition law, particularly Law No. 5 of 1999, traditionally…
-
Artikel Jurnal
Reconstructing Political Finance Regulation in Indonesia’s Multiparty Democracy
This study examines how Indonesia's political party finance regulations can be redesigned to strengthen transparency and accountability in a multiparty system. Using normative legal research based on statutory and legal theory approaches, it finds that the current framework remains ineffective…
-
Artikel Jurnal
Settlement of Mortgage Collateral Disputes Sold Below Market Value in Indonesian Civil Procedure Law
The execution of Mortgage Rights (Hak Tanggungan/HT) through auction constitutes a legal mechanism for resolving disputes arising from defaults in bank credit agreements. However, there is currently no specific regulation governing the standards for determining the auction limit price of Mortgage…
-
Artikel Jurnal
Dignified Justice and the Reconstruction of Indonesia’s Juvenile Criminal Law: Lessons from Australia toward SDG 16
Indonesia's juvenile justice system, governed by Law No. 11 of 2012 on the Juvenile Criminal Justice System, continues to face challenges arising from restrictive diversion provisions and the continued use of detention. Although Australia has developed more flexible diversionary mechanisms under…
-
Artikel Jurnal
Legal Position of Joint Property in Marriage Without a Pre-Nuptial Agreement
Marriage has legal consequences for the control and distribution of joint assets, particularly in the absence of a prenuptial agreement, which can create uncertainty and weaken the protection of personal property. This study examines the regulation of joint assets in prenuptial agreements under Law…
-
Artikel Jurnal
Jurisdictional Synergy and Contradictions: Religious and State Courts in Indonesia's Pluralistic Inheritance Disputes
Legal pluralism in Indonesia’s inheritance law, encompassing Islamic law, customary law, and the Civil Code, creates institutional dualism in dispute resolution. This article analyzes the roles of the Religious Court and District Court, identifies jurisdictional synergies and conflicts, and…
-
Artikel Jurnal
Local Government and Justice in Strategic Asset Transactions: A Case Study of Indonesia’s National Strategic Project in Bulungan Regency
The implementation of Indonesia’s National Strategic Projects (PSN) increasingly relied on the exchange of local government assets, particularly land, through ruilslag mechanisms, raising critical issues of justice, accountability, and the protection of public interests. Local governments occupied…
-
Artikel Jurnal
Disguised Employment Relationship Towards Platform-Based Drivers: Indonesian and United Kingdom Law Perspective
Digital technology has created non-conventional employment through platform applications, exemplified by platform-based drivers in Indonesia. Their relationship with App Provider Companies is governed by partnership agreements, resulting in unclear legal status and limited labour protection. This…
-
Artikel Jurnal
Reconstructing Islamic Agricultural Financing Regulations: A Socio-Legal Study using Soft Systems Methodology
Despite its constitutional role in supporting food sovereignty, Banyuwangi’s agricultural sector remains excluded from formal Islamic finance due to a regulatory gap between rigid banking standards and agricultural risk. This study identifies a Proximity Paradox, in which Islamic banks are…
-
Artikel Jurnal
Political Intervention in Post-Reform State Official Recruitment
The recruitment of state officials in post-reform Indonesia remains vulnerable to political intervention, which can undermine the independence of public officials and contribute to corruption, collusion, and nepotism. This study employs a normative juridical approach to examine the political…
-
Artikel Jurnal
Strengthening The Capacity of Indonesian Migrant Workers Through Old-Age Social Security A Study on PMI in Malaysia and Hongkong
Indonesian Migrant Workers (PMI) are primarily motivated to work abroad by the prospect of higher wages to achieve long-term financial security, despite the social costs of family separation. However, empirical evidence from observations, interviews, and questionnaires reveals that many PMIs have…
-
Artikel Jurnal
Consumer Legal Protection in Telecommunication: Doctrinal and Comparative Insights from Indonesia and Spain
Digital transformation has turned telecommunications into essential infrastructure for social and economic life. This shift creates legal challenges, including consumer inequality, opaque electronic contracts, data protection risks, and ineffective dispute resolution. This study compares…
-
Artikel Jurnal
The Application and Prospects of Intellectual Property-Based Credit Guarantees in Banking Practices in Serang City
The use of intellectual property (IP) as collateral for bank loans, although regulated under Government Regulation No. 24/2022, still faced significant challenges in practice. These included difficulties in determining fair market value due to IP’s intangible nature, the lack of standardized…
-
Artikel Jurnal
Integrating Local Wisdom and Waqf Regulation: Toward an Inclusive Governance Model of Indigenous Land-Waqf in Indonesia and India
The integration of local wisdom and waqf practices is a critical issue in the legal and social development of multicultural countries such as Indonesia and India, where Islamic law, state law, and customary law often overlap, creating legal uncertainty, particularly for communal waqf land. Using a…