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[Implementation of Business and Human Rights Principles (UNGPs) in the Protection given to Indonesian Laborers: Gender Perspective ]]>
<![CDATA[Arsyi Manggali Arya Putra]]>;
<![CDATA[Nur Putri Hidayah]]>
<![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.v11i1.29022
<![CDATA[Abstract This research aims to analysis to what extent business and Human Rights principles have been implemented to protect workers/laborers in Indonesia according to the gender perspective. This research employed a normative method by analyzing the norms set forth in international law synchronized with the provisions in the statute (statutory approach) in Indonesia in a descriptive form and a conceptual approach. The research concludes that business and Human Rights principles were initiated by Ruggie as a new concept regarding corporate responsibility to meet the development of human rights. The protection of human rights for workers/laborers, especially women, has not been sufficiently given. The management of the dimension of human rights in employment-related matters requires business relations and human rights with the concept of three pillars. First, the state is responsible to prevent violations of human rights. Second, corporates are responsible to respect human rights. Third, this pillar is to manage access to the recovery of the victims of human rights violations. Furthermore, the protection of workers/laborers is governed in Employment Law that needs to be elaborated further by normalizing business and human rights principles in employment sector.]]>
<![CDATA[Implementation of Business and Human Rights Principles (UNGPs) in the Protection given to Indonesian Laborers: Gender Perspective ]]>
<![CDATA[Arsyi Manggali Arya Putra]]>;
<![CDATA[Nur Putri Hidayah]]>
<![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.v11i1.29022
<![CDATA[This research aims to analyze to what extent business and human rights principles have been implemented to protect workers and laborers in Indonesia according to the gender perspective. This research employed a normative method by analyzing the norms set forth in international law synchronized with the provisions in the statute (statutory approach) in Indonesia descriptively and conceptually. The research concludes that Ruggie initiated business and human rights principles as a new concept regarding corporate responsibility to meet the development of human rights. The protection of human rights for workers, especially women, has not been sufficiently given. The management of the dimension of human rights in employment-related matters requires business relations and human rights with the concept of three pillars. First, the state is responsible for preventing violations of human rights. Second, corporations are responsible for respecting human rights. Third, this pillar manages access to the recovery of victims of human rights violations. Furthermore, the protection of workers and laborers is governed by an employment law that needs to be elaborated further by normalizing business and human rights principles in the employment sector.]]>
<![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[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 handling corporate crime, which cause 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 study results found that there were obstacles in handling criminal cases of environmental destruction, such as those related to regional policies on investment, strong backing, and compensation, which then eliminated criminal cases. The Environmental Law regulates corporations' handling of criminal acts of environmental destruction. Accountability, in this case, is carried out by the business entity and the person in charge of the business entity. A crime can be applied to the management and owner of a corporation as a business entity. An offence is needed for corporations destroying the environment based on justice.]]>
<![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 combating human trafficking have not been much discussed. This paper examines the efforts of the grass roots to counter human trafficking in Lembata, Indonesia. Data based on observations, interviews with the government, and discussions with six migrant workers' communities in Lembata. The methods used are qualitative research methods with literary approaches and empirical approaches. The results of the research indicate that the people of the village in Lembata have succeeded in providing alternative livelihoods for the former Indonesian Labour Force through the strengthening of the productive economy. This community has also been able to train and support the candidate TKI to acknowledge its rights and duties. This study proves that the bottom-up system is an effective way to tackle human trafficking.]]>
<![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 the 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 the monetary market by resolving the 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[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[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 worldwide, which entirely objective reasons have caused, 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. Therefore, 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.]]>
