- Research Article
- 10.25041/fiatjustisia.v19no4.4461
- Dec 2, 2025
- Fiat Justisia: Jurnal Ilmu Hukum
- Siti Nurhayati + 3 more
This article analyzes the challenges to achieving digital human rights equality for people with disabilities in Indonesia and evaluates the role of assistive technologies in addressing these issues. Digital human rights are recognized under international law and affirmed by the Indonesian Constitution, which obligates the state to protect and fulfill these rights. Using a normative juridical method based on secondary data and deductive analysis, the research identifies major obstacles, including limited inclusive digital platforms, discrimination, insufficient data on disability populations and needs, restricted access to information, and ongoing rights violations. The findings show that assistive technologies, such as KIAD, Hear Me, DIGI-EDVOT, TeDi, Dif-able, and I-CHAT, significantly enhance digital accessibility for individuals with physical and sensory disabilities. The research recommends that government policies be expanded to provide assistive technologies for people with mental and intellectual disabilities to reduce existing disparities and strengthen digital inclusivity.
- Research Article
- 10.25041/fiatjustisia.v19no4.4506
- Nov 28, 2025
- Fiat Justisia: Jurnal Ilmu Hukum
- Gema Rahmadani + 3 more
The rapid growth of Islamic banking in Indonesia has not been matched by an adequate consumer protection framework, particularly in resolving disputes between customers and Islamic banking institutions. Law No. 8 of 1999 on Consumer Protection remains general and does not accommodate the specific characteristics of Islamic economic law, creating normative inconsistencies and ambiguity in dispute resolution. This study uses a normative legal approach to analyze legislation, DSN-MUI fatwas, and court decisions, and finds a regulatory gap rooted in contractual justice and maqashid syariah principles. This gap risks disadvantaging consumers, especially regarding transparency, the prohibition of usury, and protection from harmful practices such as gharar and maysir. The study concludes that reconstructing consumer protection law to incorporate Sharia-based norms and clearer dispute resolution mechanisms is essential for realizing a fair and sustainable Islamic banking system in Indonesia.
- Research Article
- 10.25041/fiatjustisia.v19no3.4554
- Nov 3, 2025
- Fiat Justisia: Jurnal Ilmu Hukum
- Wajid Fauzi + 2 more
The Syrian crisis, which began in 2011 and continues to influence global politics, offers a key case for examining American power. This article explores the ideological and discursive foundations of U.S. involvement, situating it within American Exceptionalism and analyzing it through a Foucauldian framework. The study combines a normative legal approach with critical discourse analysis, drawing on primary sources such as the UN Charter, Security Council resolutions, and U.S. policy documents, along with secondary literature and think-tank reports. Findings show that U.S. intervention is framed through narratives of democracy promotion, humanitarian protection, and global security, which serve to legitimize action. Using Foucault’s concepts of power/knowledge, governmentality, and biopolitics, the study demonstrates that the U.S. not only exercises military force but also shapes global perceptions and constructs regimes of truth. From a transnational legal perspective, these actions reveal tensions between sovereignty and humanitarian imperatives and highlight gaps and asymmetries in international law. The article is novel in integrating ideology, sovereignty, and human rights to show how U.S. actions in Syria reshape the interpretation and application of international law.
- Journal Issue
- 10.25041/fiatjustisia.v19no4
- Oct 31, 2025
- Fiat Justisia: Jurnal Ilmu Hukum
- Research Article
- 10.25041/fiatjustisia.v19no3.4190
- Oct 29, 2025
- Fiat Justisia: Jurnal Ilmu Hukum
- Erwin Syahruddin + 2 more
This article critically explores the potential of environmental use rights as a legal mechanism to advance a more inclusive and sustainable Environmental, Social, and Governance (ESG) framework. Traditionally limited to physical access or utility purposes, use rights have yet to realize their ecological and social functions within environmental governance. Using a normative legal and conceptual approach, this study argues that environmental use rights can enhance landowner accountability for ecological integrity while institutionalizing ESG principles of stewardship, transparency, and responsibility. Positioned as a hybrid construct between private property rights and public environmental interests, these rights offer a transformative legal pathway toward ecological justice and participatory land governance. Recognizing their normative and ecological value can empower communities to monitor land use, mitigate spatial conflicts, and embed environmental considerations into ESG assessment structures.
- Research Article
- 10.25041/fiatjustisia.v19no2.4175
- Aug 13, 2025
- Fiat Justisia: Jurnal Ilmu Hukum
- Wiwin Windiantina Wintarsih + 2 more
An insurance policy is a legal contract between the Insurer and the Insured, serving as written proof of their agreement. The Insurer agrees to compensate the Insured for actual losses from damage, loss, or destruction of property—or the loss of interest—caused by an uncertain event. In the perkara a quo, the Plaintiff claimed they still had the right to file against Defendant II for a toll road accident involving Co-Defendant II’s vehicle, despite having already submitted a claim to Co-Defendant II’s insurer. This research uses a qualitative method, analyzing a final and binding court decision (inkracht van gewijsde), with a descriptive-analytical approach. It explores two key questions: (1) How do legal principles of insurance contracts influence dispute resolution? and (2) What is the role of the policy as legal evidence, and how do courts interpret it? A policyholder’s right to claim arises after full premium payment and a covered loss. In this case, the Panel of Judges rejected the Plaintiff’s claim entirely. In the amar putusan, they also rejected the Defendants’ objections, concluding the Plaintiff failed to prove their claim.
- Research Article
- 10.25041/fiatjustisia.v19no2.3779
- Jul 23, 2025
- Fiat Justisia: Jurnal Ilmu Hukum
- Ahmad Alfin Afadi + 2 more
The phenomenon of mosque dowry in Indonesian celebrity marriages, with the aim of exploring its validity according to Islamic family law. Dowry, as an essential component in marriage and a symbol of appreciation, has evolved in form, giving rise to mosque dowry, which raises significant questions regarding its legal status. This study uses a case study method with data sources from Islamic scholars' books, interviews with experts, and social media; this study found that mosques must have waqf status, making them unable to be traded, donated, or inherited. This finding is consistent with the legal principle of dowry agreed upon by most scholars of the four schools of thought, namely that the dowry must be in the form of objects that can be traded. Therefore, the mosque dowry is declared invalid. This conclusion is also in line with the opinion of the Chairman of the Fatwa Commission of the Indonesian Ulema Council of East Java, who emphasized the invalidity of the mosque dowry so that the consequence is the obligation to pay a mitsli dowry. However, the marriage remains valid because scholars argue that the dowry is not a condition or pillar of marriage. This study provides critical insight into the implementation of waqf law and Islamic family law in the context of contemporary marriage practices in Indonesia.
- Research Article
- 10.25041/fiatjustisia.v19no2.3959
- Jul 2, 2025
- Fiat Justisia: Jurnal Ilmu Hukum
- Muhammad Abu Rivai + 4 more
In the digital era, social media has become a key medium for disseminating Islamic legal knowledge. This study analyzes the Instagram account of Muhammad Abu Rivai, which promotes Islamic inheritance law through accessible content. Using a qualitative-descriptive method and content analysis of 30 posts from January 2023 to January 2024, the research examines engagement metrics and content relevance to core inheritance issues. Applying the maqāṣid al-sharīʿa framework, the study finds that the account effectively simplifies complex legal concepts, enhancing public understanding of inheritance law and supporting the preservation of lineage (ḥifẓ al-nasl), property (ḥifẓ al-māl), and religion (ḥifẓ al-dīn). However, limited depth and interactivity in some posts pose risks of misinterpretation. The study recommends greater scholarly collaboration and interactive features to improve the accuracy and educational value of Islamic legal content on social media.
- Research Article
- 10.25041/fiatjustisia.v19no2.4085
- May 26, 2025
- Fiat Justisia: Jurnal Ilmu Hukum
- Aris Prio Agus Santoso + 2 more
The ethical challenges nurses face when patients refuse treatment—a legally protected right often complicated by normative, ethical, and social factors. It investigates how nurses reconcile respect for patient autonomy with their psycholegal responsibilities under Indonesian law. Using a normative juridical approach and thematic analysis of relevant documents, the research uniquely applies human rights theory to nursing decision-making in treatment refusal cases an underexplored perspective in Indonesian health law. Findings confirm that Article 276 of Law No. 17 of 2023, alongside international human rights frameworks and Islamic law, safeguards patients’ right to refuse treatment. When refusal is informed and voluntary, healthcare providers are legally protected. The research concludes that nurses must support patient autonomy through therapeutic communication, psycholegal awareness, and meticulous documentation.
- Research Article
- 10.25041/fiatjustisia.v19no2.3938
- May 23, 2025
- Fiat Justisia: Jurnal Ilmu Hukum
- Helza Nova Lita + 2 more
The current international trade law tends to promote competition rather than cooperation, often leading to conflicts between parties to the agreement. The general principles underlying the agreement between parties in international trade law can be related to Islamic economic principles. The GATT and WTO treaties aim to regulate all sectors of global trade as they evolve, encompassing significant developments in international trade, particularly trade among countries with a Muslim majority population. Essentially, Islamic Agreement Law adheres to the principle of freedom of contract, as outlined in the provisions of the Lex Mercatoria and the Civil Code. Thus, the role of individuals in the agreement becomes crucial to understanding the value of the principle of freedom of contract, which is closely related to the principle of party consent. This article offers explanations and solutions to address the primary issues in current international trade agreement practices, grounded in the principles of Islamic Economics. The analytical study will use normative juridical methods and Islamic law. The concept of Islamic Economics is overly concerned with the balanced protection of the parties. In its strategic position, Islamic economic principles can be applied in international trade cooperation relations not only in countries where most of the population is Muslim, but also in Muslim minority countries.