Jurnal Cita Hukum
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.
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<![CDATA[Responsive Constitutional Law Strategy For Preventing Political Corruption Done By Local Political Dynasties ]]>
<![CDATA[Agus Riwanto]]>;
<![CDATA[Sukarni Suryaningsih]]>
<![CDATA[ Jurnal Cita Hukum Vol 11, No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jch.v11i1.24754
<![CDATA[This article aims to examine corruption practices in the regions carried out by political dynasties and prevention efforts from the perspective of responsive constitutional law. It will examine the motives of political dynasties, forms of corruption by dynasties, factors that cause dynasties and efforts to prevent. This article uses a socio-legal method that is an interdisciplinary approach in the study of law by combining social sciences or humanities. Secondary data mainly comes from case, regulations and library. The results of the study show that the dynasties tend to practice the forms of corruption in the regions: corruption in the buying and selling of regional government positions and corruption in regional infrastructure projects originating from the Regional Budget Revenue. Factors causing political dynasties: the high cost of regional head elections and the absence of laws prohibiting dynastic practices in regional head elections. Efforts to prevent the practice of political dynasties for regional head elections from the perspective of responsive constitutional law are in the form of policies to regulate the regional head election system that prioritizes the principle of responsibility for public demands and provides alternative solutions through: reducing the cost of regional head elections, lowering the threshold for candidacy, changing the financing of regional head elections from the Regional Revenue Expenditure Budget to the State Expenditure Budget, separating local and national elections, a political culture that educates the people in voting, and policies for the welfare of the people in order do not elect dynastic candidates in regional head elections. ]]>
<![CDATA[Maladministration in Indonesia's Interreligious Marriage ]]>
<![CDATA[Asep Syarifuddin Hidayat]]>
<![CDATA[ Jurnal Cita Hukum Vol 11, No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jch.v11i1.31929
<![CDATA[In Indonesia, the polemic on interfaith marriages has not yet ended, even though over time and the times. Even though the issue of interreligious Marriage has been handled and regulated in the Marriage Law, there are still many people who practice it. In Indonesia, interfaith marriages cause not only legal problems but also administrative ones. There are still exceptions to the Marriage Act that allow couples to marry across religions. Because according to positive Indonesian Law, Marriage is not equated with a simple genetic relationship. However, the administration must prove a legal relationship with the state, including the registration of marriages. The research method used is a qualitative research method with a literature approach. The results of the study state that there are still gaps and opportunities for maladministration in interfaith marriages. The behavior occurs in the form of apostasy or changing religions before Marriage, then changing beliefs after Marriage. This was done to get the legality of Marriage in the form of a marriage book. These maladministration opportunities must be closed and eliminated by making government regulations or giving strict sanctions to the perpetrators of maladministration. The sanctions are criminal or fines for people who carry out legal smuggling like this.]]>
<![CDATA[Tackling for Human Trafficking: Village-based Movement of Migrant Workers in Lembata, Indonesia ]]>
<![CDATA[Lindra Darnela]]>;
<![CDATA[Ahmad Tholabi Kharlie]]>
<![CDATA[ Jurnal Cita Hukum Vol 11, No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jch.v11i1.30970
<![CDATA[Studies on the role of villages in tackling human trafficking are not widely discussed. This study investigated the efforts of grassroots in tackling human trafficking in Lembata, Indonesia. The data based on observations, interviews with the governments, and discussions with six migrant worker communities in Lembata. This study proved that village community in Lembata had succeeded in providing an alternative livelihood for former migrant workers through strengthening the productive economy. The community was also able to provide guidance and escort to prospective migrant workers to recognize their rights and obligations as migrant workers. The village community had also succeeded in advocating the government to fulfill its obligations in protecting prospective migrant workers and/or migrant workers. Thus, the bottom-up system is an effective way of tackling trafficking.]]>
<![CDATA[Implementation of party projects as a way to strengthen the image of a public organization ]]>
<![CDATA[Tatiana Evstratova]]>;
<![CDATA[Natalia Medvedeva]]>;
<![CDATA[Ekaterina Vetrova]]>;
<![CDATA[Olga Kulikova]]>;
<![CDATA[Olga Kolosova]]>
<![CDATA[ Jurnal Cita Hukum Vol 11, No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jch.v11i1.30819
<![CDATA[The purpose of the article was to identify the attitude of the population toward the Moscow Regional regional branch of the United Russia Party to improve the image of this public organization. Special sociological methods were used, including qualitative analysis of documents, secondary analysis of research results, survey methods. Based on the results of the survey, it was revealed that the implementation of party projects is a significant tool for forming the image of political organizations. An attractive image of an organization is the most important condition for its political success, which helps to bring the electorate to its side.]]>
<![CDATA[Analysis of Law Enforcement Problems Related to Crime of Environmental Degradation Caused by Corporations in Indonesia ]]>
<![CDATA[Achmad Irwan Hamzani]]>;
<![CDATA[Moh. Taufik]]>;
<![CDATA[Mukhidin Mukhidin]]>;
<![CDATA[Nur Khasanah]]>
<![CDATA[ Jurnal Cita Hukum Vol 11, No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jch.v11i1.29127
<![CDATA[Corporations are part of industrialization that destroys the environment. Air pollution has damaged the environment. Criminal action against corporations for destroying the environment must provide a sense of justice. This study intends to examine the obstacles in the handling of corporate crime which are the cause of environmental damage and how to deal with a corporate crime based on the value of justice. In this research, a philosophical approach was taken, namely the study of a case in terms of the ideal in the future. The results of the study found that there were obstacles in the handling of criminal cases of environmental destruction, such as those related to regional policies on investment, strong backing, and compensation which then eliminated criminal cases. The handling of criminal acts of environmental destruction by corporations is regulated in the Environmental Law. Accountability, in this case, is carried out by the Business Entity and the person in charge of the business entity. Crime can be applied to the management and owner of a Corporation business entity. Crime is needed for Corporations destroying the environment based on justic.]]>
<![CDATA[The Government's Intervention in Functioning the Central Bank of the State Bank from the Practices of Vietnamese Law ]]>
<![CDATA[Vien The Giang]]>
<![CDATA[ Jurnal Cita Hukum Vol 11, No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jch.v11i1.26448
<![CDATA[This paper aims to clarify the relationship between the organizational model of the central bank of Vietnam and the Government. In this model, the Government has many rights to intervene directly in the implementation of the central bank function of the State Bank of Vietnam. Such direct interventions have forced the monetary policy to run or depend on fiscal policy and have been forced to pursue the short-term goals of the Government. The State Bank of Vietnam (SBV) must still supply the Central Government Budget with an amount of money through advance payments to deal with the temporary deficit in State Budget under the Prime Minister's decision. This made the stability (in the long –term) of monetary value and the sustainable development of the national economy of the central bank become very difficult. The State Bank regularly has to focus a lot of resources on maintaining the stability of monetary market through resolving market's hot spots or handling weak credit institutions by administrative interventions...under the Government's requirement that has reduced the independence of the SBV when performing the central bank function.]]>
<![CDATA[ETHNIC MOBILITY AND THE FORMATION OF POLITICAL IDENTITY IN INDONESIA ]]>
<![CDATA[Refly Setiawan]]>;
<![CDATA[Sergey A. Sergeev]]>
<![CDATA[ Jurnal Cita Hukum Vol 11, No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jch.v11i1.31571
<![CDATA[Indonesia is an archipelagic country that has many tribes and cultures, which make Indonesia a multi-cultural country. There are 5 religions recognized in Indonesia based on the Law of the Republic of Indonesia, namely: Islam, Christianity, Hinduism, Buddhism, and Confucianism. This research is related to ethnic mobility and the formation of political identity in Indonesia which is currently very interesting to be discussed by various researchers around the world, not only in Indonesia. In this study, researcher discuss ethnic mobility and the formation of political identity based on history that has occurred in Indonesia to date. The Indonesian nation Indonesia adheres to the Pancasila ideology so that the national ideology has a major influence on the unity and integrity of the nation. In this study, researcher also examined the ideological values of Pancasila and the nation's unifying motto called Bhinneka Tunggal Ika. This study uses a qualitative descriptive approach in which the researcher conducts a descriptive elaboration of ethnic mobility and the formation of political identity in Indonesia and ethnic participation in political parties in Indonesia. The results of the study show that in the past there were still many Indonesian people who considered themselves local residents and were reluctant to accept other ethnic groups to occupy certain positions in an area, including political positions. The separatist movement that emerged in an area due to the inequality of one region with another, such as the islands of Java and Sumatra, had caused inter-ethnic conflict and many people were anti-Chinese in the 90s. However, currently, Indonesia has provided space for various tribes and religions to be involved in political development in Indonesia based on Pancasila and the 1945 Constitution. Indonesia as a multiethnic country has upheld democratic freedoms for all nations and provided regional autonomy policies for each region in order to improve public welfare.]]>
<![CDATA[Mining of Cryptocurrencies: Analysis of Law Enforcement Practice and Problem Solving in Legal Regulation ]]>
<![CDATA[Svetlana Muradyan]]>;
<![CDATA[Natalia Mikhaylenko]]>;
<![CDATA[Anna Skachko]]>;
<![CDATA[Yulia Ivanova]]>;
<![CDATA[Elisei Rogachev]]>;
<![CDATA[Elmir Alimamedov]]>
<![CDATA[ Jurnal Cita Hukum Vol 11, No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jch.v11i1.31161
<![CDATA[Despite the enormous popularity of mining around the world, that has been caused by quite objective reasons, there remains a dissonance in States’ approaches to its legal regulation. One of the reasons is that the legal regulation of blockchain technologies in different countries goes completely different ways. In fact, mining is a process of generating cryptocurrencies, as a result of which a new suitable block of transactions is added to the blockchain, and coins are issued. In order to regulate such a process as mining, the legislator needs to create a holistic legal framework regulating the turnover of digital assets in the state]]>
<![CDATA[The Repositioning of Campus as a Cultural Movements Engine in the Eradication of Corruption ]]>
<![CDATA[RR Dewi Anggraeni]]>;
<![CDATA[Bachtiar Bachtiar]]>;
<![CDATA[Iman Imanuddin]]>
<![CDATA[ Jurnal Cita Hukum Vol 11, No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jch.v11i1.32124
<![CDATA[At the theoretical and historical level, the campus has always been a symbol of resistance to all forms of deviation, without exception for efforts to fight corruption as an extraordinary crime. Morally, the campus has an enormous responsibility to ensure and guarantee that mother earth is free from all corrupt practices. Even so, the campus is not a sterile area for corrupt practices. This study used a qualitative research method with a statutory approach. The results of the study state that corruption has penetrated into the joints of the life of the academic community, which should actually play a role as a locomotive in eradicating corruption. Recognizing that the corruption virus has spread among the academic community, it is urgent to reposition the role of the campus in the fight against corruption. Repositioning the role of the campus can be started from (i) aspects of the tri dharma of higher education, (ii) administrative aspects, and (iii) exemplary aspects. Repositioning the role of the campus should be done considering that the campus with the characteristics of its value-oriented academic community is believed to be the best place to teach and instill anti-corruption values as an ongoing cultural movement. The cultural movement has made the campus a laboratory for the process of institutionalizing anti-corruption values, principles, and morality. In the long term, this movement will become a culture that can free the nation's leading cadres from corrupt behavior and mentality.Keywords: Campus; Cultural Movement; Corruption]]>
<![CDATA[Correlation of Legal Concepts of Administrative Procedure and Administrative Liability in the Sphere of Urban Planning ]]>
<![CDATA[Nataliia Zadyraka]]>;
<![CDATA[Yevhen Leheza]]>;
<![CDATA[Mykola Bykovskyi]]>;
<![CDATA[Yevhenii Zheliezniak]]>;
<![CDATA[Yulia Leheza]]>
<![CDATA[ Jurnal Cita Hukum Vol 11, No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jch.v11i1.31784
<![CDATA[The purpose of the research is correlation of legal concepts of administrative procedure and administrative liability in the sphere of urban planning. Main content. The regulatory basis for imposition of administrative sanctions in the specified sphere consists in violation of legislation, building regulations, standards and rules, etc. Methodology: The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, interpretation method, hermeneutic method as well as methods of analysis and synthesis. Conclusions. It is noted that the mechanism of bringing to administrative liability is based on a huge number of legislative acts, building codes, standards and rules, and this fact makes it much more difficult to understand this set of rules and contributes to their violation. Emphasis is placed on the fact that a large number of offenses in the sphere of urban planning activities are detected during state architectural and construction control and supervision. Disclosed are some positions of the Supreme Court regarding consideration and resolution of disputes related to appeal against resolutions on fine imposition. Peculiarities of implementation of norms of the institution of administrative liability in the sphere of urban planning activities for offenders of variable status have been revealed.Keywords: Administrative liability, administrative procedure, urban planning activity, legislation, urban planning offense]]>
