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INDONESIA
Jurnal Cita Hukum
Published by Universitas Islam Negeri Syarif Hidayatullah Jakarta
ISSN : 23561440     EISSN : 2502230X     DOI : 10.15408
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
Jurnal Cita Hukum is an international journal published by the Faculty of Sharia and Law, Universitas Islam Negeri Syarif Hidayatullah Jakarta, Indonesia. The focus is to provide readers with a better understanding of legal studies and present developments through the publication of articles, research reports, and book reviews. Jurnal Cita Hukum specializes in legal studies, and is intended to communicate original researches and current issues on the subject. This journal warmly welcomes contributions from scholars of related disciplines. It aims primarily to facilitate scholarly and professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches concerning Indonesian laws and legal system. Published exclusively in English, the Review seeks to expand the boundaries of Indonesian legal discourses to access English-speaking contributors and readers all over the world. The Review, hence, welcomes contributions from international legal scholars and professionals as well as from representatives of courts, executive authorities, and agencies of development cooperation. The review basically contains any topics concerning Indonesian laws and legal system. Novelty and recency of issues, however, is a priority in publishing. The range of contents covered by the Review spans from established legal scholarships and fields of law such as private laws and public laws which include constitutional and administrative law as well as criminal law, international laws concerning Indonesia, to various approaches to legal studies such as comparative law, law and economics, sociology of law and legal anthropology, and many others. Specialized legal studies concerning various aspects of life such as commercial and business laws, technology law, natural resources law and the like are also welcomed.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 20 Documents
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Search results for , issue "Vol 10, No 2 (2022)" : 20 Documents clear
Digital Account as a Heritage of Law In Indonesia Nahrowi Nahrowi; Apriyadi Romadon Pratama; Masyrofah Masyrofah; Syahrul A'dam
Jurnal Cita Hukum Vol 10, No 2 (2022)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v10i2.26447

Abstract

This study aims to analyze digital accounts, which have now become an inseparable part of life in the modern world, so that their existence is undoubtedly a necessity for society in general, both for primary, secondary and entertainment purposes as well as career and business support in the digital world, etc. This research is qualitative in the field of law, with a normative juridical approach. The findings in the study, namely a review of legal progress toward digital accounts, show that the existence of digital versions can answer the material status of digital accounts, which indicates the needs and demands of the community are part of progressive law on social causes in the community. Based on the legal provisions, digital accounts can be categorized into Inheritance, as inheritance items that will be divided among the heirs, but this does not apply to all accounts; there are several criteria for accounts that can become Inheritance, which means that digital accounts should now be included in the legacy, this also shows that progressive law flows, flexible and can realize the benefit of society.
The Legal Aspects of Privatization in Electricity Business Sector Hidayatulloh Hidayatulloh; Éva Erdős
Jurnal Cita Hukum Vol 10, No 2 (2022)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v10i2.23540

Abstract

Privatization is a crucial issue for third-world countries such as Indonesia. In the electricity sector, which is the lifeblood of the community, the involvement of the private sector is a crucial concern. Two judicial reviews of the electricity law in 2003 and 2015 proved the significant issue of privatization in electricity. This study analyzes how the state regulates the privatization policy of the electricity sector in Indonesia. This study, a normative or doctrinal legal research model, explores electricity regulations and doctrines such as Laws Number 20 of 2002 and Number 30 of 2009, Law Number 11 of 2020 on Job Creation, and two decisions of the Constitutional Court number 001-021-022/PUU-I/2003 and 111/PUU-XIII/2015. In conclusion, this study explains that Indonesia allows the privatization of the electricity sector throughout the role of private companies is still under state control. Privatization, which is a reduction in the role of the state and an increase in the role of the private sector, has been well implemented by state-owned enterprises, including the electricity sector. Both decisions of the Constitutional Court emphasize the strong role of the state and become the majority in controlling the electricity business, but do not reject the role of the private sector. Furthermore, state-owned enterprises have a top priority as a provider of electricity for the community.
Legal Policy on the National Education System In Influencing Worker Productivity in Indonesia Rizqon Halal Syah Aji; Mohd Nasir Mohd Syaukani; Mangasi Panjaitan; Annissa Rezki
Jurnal Cita Hukum Vol 10, No 2 (2022)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v10i2.27802

Abstract

Human resource investment significantly impacts the economic growth and development of a nation, including Indonesia. It is believed that education expenditures affect worker productivity in Indonesia. Theoretically, education expenditures will contribute to an improvement in worker productivity. Several factors, including a comparison of the competitiveness of domestic workers to the competitiveness of international workers, can be used to determine the effect of education investment on the rise in worker productivity. Empirically, productivity is a function of worker skills. The quantity of a worker's salary might be used to gauge their competitiveness and productivity. At the national level, it is simple to identify the productivity of various economic sectors, such as agriculture, services, and manufacturing. Due to the lack of trained people required by the labour market, conditions in Indonesia have prevented the three sectors mentioned above from achieving their full potential for productivity growth. This condition directly manifests some concerns, notably Indonesia's investment in education and worker productivity, which impacts economic growth. This study employs qualitative research methodologies of the normative research type. This study's research objectives will be satisfied by the study model. This study will answer how education investment affects worker productivity in Indonesia. The study's findings indicate that it is not accurate to assert that the education policy in Indonesia has a good effect on enhancing workers' abilities. Therefore, the issue of worker productivity must still be handled seriously to compete with workers from other nations.
Environmental Protection Funds As A Component Of National Financial And Environmental Security: Administrative And Legal Regulation Liudmyla Сhupryna; Nataliia Zadyraka; Andrii Koshlia; Mykola Chabanenko; Lemekha Rostislav
Jurnal Cita Hukum Vol 10, No 2 (2022)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v10i2.27811

Abstract

The purpose of the research. The scientific article is devoted to the coverage of the environmental protection funds as a component of national financial and environmental security. Main  content. It is substantiated that achieving the effectiveness of regulatory policy in the field of environmental protection requires the state to intensify the forms of its implementation, one of which is the activities of extra-budgetary trust funds. During the analysis of economic and sectoral extra-budgetary funds, the unification of legal regulation of the procedure for allocating funds provided to environmental funds was identified as a necessary measure, which will allow detailed regulation of such rules and establish a mechanism for liability for violations. Methodology:  Consideration of materials and methods based on the analysis of documentary materials for the environmental protection funds as a component of national financial and environmental security. Conclusions. The expediency of systematizing the legislation regulating extra-budgetary funds is argued for the purpose of further elaboration and adoption of the Law of Ukraine “On Public Funds”.Keywords: administrative service, environmental tax, government service, municipal service, electronic service, public service.
The Influence of International and Islamic Law on Labor Laws in Indonesia and Morocco Muhammad Maksum; Yayuk Afiyanah
Jurnal Cita Hukum Vol 10, No 2 (2022)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v10i2.27804

Abstract

Work agreements between workers and employers form the basis for determining rights and obligations. Employment agreements are influenced by the laws governing a country and its historical experience. This study aims to analyze the influence of international and Islamic law on labor law in two countries, both Indonesia and Morocco. The research method used is a qualitative research method with a comparative approach. The results of the study stated that by comparing the provisions of work agreements from three sources of law, namely Indonesian, Moroccan, and Islamic law, it was found that international law had an effect on national law. Islamic law has little effect on work agreements. The influence of Islamic law is found more in Moroccan regulations than in Indonesian regulations. Several different concepts regulated in the source of law include the concept of work agreements, restrictions on the age of children who can enter into work relationships, the object or work employed, and the designation of work areas. This research has implications for the openness of international work transactions or the acceptance of foreign workers due to the same arrangement although with certain restrictions according to a country's policy.
The Construction of Religious Court Judges' Decisions in the Case of Joint Assets Based on Islamic Law and Legal Development Isnawati Rais; Ya Rakha Muyassar
Jurnal Cita Hukum Vol 10, No 2 (2022)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v10i2.27800

Abstract

In deciding joint property cases, religious court judges apply the provisions of Article 97 of the KHI with the division of 1/2–1/2 part of joint assets. However, in the decision No. 70/Pdt.G/2002/PA.Mrk, No. 330/Pdt.G/2004/PA.Tgrs, and No. 278/Pdt.G/2005/PA.Bkt, the judge of the religious court did not make a decision based on this provision. The Merauke PA decides the joint property case in a 4/10–6/10 division, the Tigaraksa PA 20%-80%, and the Bukittinggi PA 1/4–3/4. This study looks at the considerations and perceptions of the religious court judges in deciding joint property cases. The method used in this research is normative juridical which is qualitative in nature, using a comparative approach. As a result, the panel of judges in the 3 religious courts deviated from the applicable legal provisions, considering several factors. There are 5 factors that are considered by the panel of judges in deciding joint property cases, including: contribution factors, legal arguments, a sense of justice, legal arguments, origins of joint assets, and contextual understanding of a legal provision.
National Digital Currency Issuance Under Vietnamese Law Vien The Giang
Jurnal Cita Hukum Vol 10, No 2 (2022)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v10i2.24009

Abstract

The article analyzes the current situation and debates about the digital currencies issued by central bank. The results show that only a few countries have issued the central bank digital currencies, the rest of the countries have begun to have institutional orientations for research on issuing and using the central bank digital currency. The strengths that lead to the central bank's choice of research and issuance of digital currency are a high level of security, convenience for money control in circulation, and the stable value guaranteed by the state, thereby contributing to the promotion of non-cash payments. In the context of accelerating the economy digitization, including digital banking, and promoting the cash payments, Vietnam has had an orientation to research mechanisms, policies and laws for the issuance of national digital currency. In order to do this, in addition to reviewing, amending and supplementing the Law on the State Bank of Vietnam related to currency issuance, it is also necessary to prepare fully the technical infrastructure system.
Динамика религиозного экстремизма в России в богословских, правовых и психологических подходах к социальной и личностной; Dynamics of Religious Extremism In Russia In Theological, Legal and Psychological Approaches to Social and Personal Amy Maulana; Dana Riksa Buana; Abdulaev Ibragimgadzhi Magomedovich
Jurnal Cita Hukum Vol 10, No 2 (2022)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v10i2.27803

Abstract

After the collapse of the Soviet Union in the post-Soviet era, a spiritual vacuum was formed in the conditions of deterioration of the political and economic situation. In the North Caucasus region, during the formation of the Russian state, it was quickly filled with religion: Wahhabism emerged, spread and increasingly declared itself religious extremism. Several terrorist attacks have occurred not only in the North Caucasus, but also in several Russian cities. This article describes the dynamics of religious extremism in Russia from the point of view of the theological, legal and psychological approach to social and personal. With regard to the soft approach, Russia can implement programs of deradicalization and counter-radicalization. In this regard, Russia may create a National Agency for Combating Terrorism and launch a deradicalization project and create a Deradicalization Center for convicted terrorists. Efforts to prevent the development of religious extremism in Russia are being undertaken not only with a legal approach, but also with a theological approach, since it is connected with Islamic concepts.
Media Literacy and Fake News: Bangladesh Perspective Valerii L Muzykant; Barek Hossain; Munadhil abdul Muqsith; Mobassera Jahan Fatima
Jurnal Cita Hukum Vol 10, No 2 (2022)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v10i2.25921

Abstract

Social media have become an integral element of modern life. Internet accessibility has boosted the public's engagement in computer-controlled official and informal activities. However, many information sources contain unsupported, inaccurate, and erroneous material. In this circumstance, media literacy is a significant phenomenon in developing and non-developing nations. Due to the misuse of social media and lack of media literacy in Bangladesh, some unexpected communal acts of violence happened during the past decade. This study intends to emphasize, from a Bangladeshi viewpoint, the significance of media literacy in reducing rumors, misinformation, disinformation, and fake news. Using descriptive research methodologies, more than forty secondary data sources from Bengali, English, Russian, Indonesian, and Turkish literature, such as research papers, reports, news stories, publications, books, and theses, have been examined. In order to combat misinformation, rumors, fake news, and yellow journalism in developing nations like Bangladesh, where literacy rates are still low, it is imperative to increase media literacy levels. In this regard, governments and non-governmental groups should work collaboratively to fix the deficiencies in this process.
Liability of Insurance Companies for Unfair Terms in Iranian Law Reza Shahbazi; Samad Hazrati
Jurnal Cita Hukum Vol 10, No 2 (2022)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v10i2.27805

Abstract

Insurance has developed into a vast industry, so insurance companies seek to maximize profit. Therefore, they tend to formulate the insurance contracts in such a way that infringes on the insured's rights. They strive to secure additional privileges and profit by incorporating unfair terms in insurance contracts. Lawyers suggest that the solution to preventing the inclusion of such words and ensuring fair treatment of the insured lies in the insurers' pre-contractual duties, such as their obligation not to include such unfair terms. Based on the fairness principle in Iranian law, one can articulate this obligation for both parties in all contracts. In conclusion, in insurance contracts, the general contract terms obligate the insurer to accept payment from a third party. If paying the insurance premium takes place with the permission of the insured, the third party can return to the insured for the paid amount. However, if the third party performs the payment without the insured's permission (the primary debtor), it is gratis, and the third party retains the right to return to the insured.

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