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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 12 Documents
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Search results for , issue "Vol 12, No 1 (2024)" : 12 Documents clear
The effectiveness of international conventions in the struggle against world’s domestic violence Andrusiak, Iryna; Mykievych, Mykhailo M.; Harasymiv, Taras Z.; Chornopyska, Viktoiya Z.; Oliinyk, Yaryna
Jurnal Cita Hukum Vol 12, No 1 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i1.38889

Abstract

The issue of the spread of domestic violence is an urgent challenge to the modern legal system, which is regulated in particular by the adoption of international conventions. The research aim is to investigate the effectiveness of international conventions in combating domestic violence. Implementing the specified aim is based on the comparative analysis of specialised scientific literature, the use of content analysis and abstraction methods. The results show that the existing international conventions demonstrate their effectiveness if they are used in combination with other legal instruments for combating domestic violence. The main regulatory mechanisms for protection against domestic violence are restricted in the Convention on the Elimination of All Forms of Discrimination against Women and the Istanbul Convention. Separate international normative acts constitute an essential basis that became the foundation for the formation of relevant provisions in the systems of national legislation, which is especially noticeable in the examples of democratic EU countries. However, in the countries of Asia and Africa, there are critical indicators of domestic violence, which can also be explained by the fact that local governments have not ratified the relevant conventions. The conclusions emphasise that for the further effective implementation of international conventions and their integration into national legislation, it is essential that different groups of the population are aware of their provisions.
Protection of the Rights, Freedoms and Interests of Ukrainian Citizens in Court Proceedings During the War Kyrychenko, Yurii; Kurakin, Oleksandr; Kyrychenko, Viktor; Nazarenko, Pavlo; Baieva, Liliia
Jurnal Cita Hukum Vol 12, No 1 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i1.38591

Abstract

The article aims to reveal access to justice during wartime in cases related to protecting citizens' rights, freedoms and interests. Active hostilities are taking place in most regions of Ukraine, making it impossible to deliver justice in administrative courts. However, the High Council of Justice has resolved this issue properly, so access to justice in Ukraine during wartime in cases related to protecting citizens' rights, freedoms and interests is currently possible following the Constitution of Ukraine. Courts are obliged to administer justice even under martial law, and their powers are not suspended. To ensure access to the Court, the Supreme Court changed the territorial jurisdiction of about one hundred courts in Ukraine. In connection with the introduction of martial law in Ukraine, all procedural terms shall be renewed, consideration of cases shall not be stopped, and excessive formalism on the part of judges shall not allowed. The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, interpretation method, hermeneutic method, and methods of analysis and synthesis. The article analyzes the Decision of the ECtHR, and based on this, the author concludes that the ECtHR considers financial costs as an obstacle to accessing justice. Access to Court is adequate only when a person will have a real opportunity to challenge wrongful actions in practice. According to the ECtHR, the construction of Article 6 of the Convention is effective only if the case is considered in Court. The ECtHR singles out the right to access the Court as a component of the right to a fair trial. Attention is drawn to the fact that courts must take all measures to restore violated rights.
The Rights of Leave of Absence of Civil Servants Adil Bucaktepe
Jurnal Cita Hukum Vol 12, No 1 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i1.37929

Abstract

Civil officials have several rights conferred by the Constitution as well as by laws and regulations to facilitate the successful execution of their responsibilities. These rights encompass the entitlement to the appointment, provision of service and security, retirement, resignation, the ability to initiate a complaint or legal action, the formation of a trade union, collective bargaining, leave from employment, special considerations in prosecution and trial, protection against accusations and defamation, as well as the right to remuneration and travel expenses. This paper will succinctly examine the overarching rights of federal servants and will thoroughly analyze the "right to leave." Article 50 of the Constitution of the Republic of Turkey ensures employees' entitlement to a day off, while statutory regulations govern paid weekly and annual leave as well as official holidays. Furthermore, Article 23 of the Government Servants Law No. 657 mandates that government servants are entitled to leave under conditions and durations prescribed by law, enabling them to take leave for rest or other purposes. Within this framework, the legislation governs five types of leave: yearly leave, special leave, sick leave, compassionate leave, and unpaid leave. This study employs a qualitative methodology encompassing two primary approaches: a literature review and a legal analysis. The literature review is conducted by examining several academic sources, books, and journals pertinent to the rights of civil servants, particularly the right to quit. This analysis examines the evolution of leave-related rules and regulations across various international contexts and their implementation in Turkey. The legal framework is employed to examine the statutes and regulations pertaining to the rights of government servants in Turkey, encompassing Article 50 of the Constitution and Law No. 657. This article assesses the alignment between legal theory and practice on the right to leave. The study's findings indicate that, despite the legal promise of leave for federal personnel, its execution frequently encounters challenges, particularly concerning the duration and requisite administrative conditions. This paper presents an extensive analysis of government servants' leave rights in Turkey and proposes enhancements for the execution of this right to promote equity and well-being among civil servants.
Settlement of Criminal Cases through Integration Customary Law Values Angkon Muakhi in Lampung Province Hasan, Zainudin; Dewi, Erna; Fardiansyah, Ahmad Irzal; Setiawan, Refly; Abdurrahman, Abdurrahman
Jurnal Cita Hukum Vol 12, No 1 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i1.38837

Abstract

The current Indonesian criminal law, although it has used the restorative justice method, has not been able to resolve the core of the problem and has not restored balance in society, so the settlement of criminal acts is not complete to the community, the victim and the victim's family. The importance of criminal law policies for the settlement of criminal cases through the integration of Angkon Muakhi law is to realise justice, benefit, balance, and kinship in criminal law enforcement. This research method uses the combined theory paradigm and mixed legal system to generate new ideas in settling criminal cases. This research is normative juridical and empirical juridical research with a socio-legal approach. In-depth interviews were carried out in primary data collection; sources were determined by the snowball method, while secondary data collection was carried out using a literature study. The findings of this study indicate that the enforcement of criminal law at this time still does not involve the community. There are still the rights of victims' families and communities that have not been restored; even though restorative justice has been resolved, it still leaves disputes, seeds of conflict and grudges both from the victim, the victim's family and the surrounding community. Prison sentences are still prioritised in light cases and negligence, both in the investigation process, prosecutors' demands, and the judge's decision. The importance of resolving criminal cases through integrating the customary law values of Angkon Muakhi, which can resolve cases, conflicts, hostilities and disputes between perpetrators, victims and the community.
Analysis of the DPR's Position in the Process of Forming Islamic Law in Indonesia Based on Taqnin Theory Arsadani, Qosim; Andriyani, Elisa Eka
Jurnal Cita Hukum Vol 12, No 1 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i1.38590

Abstract

This article explores the role of Indonesia's People's Representative Council (DPR) in shaping Islamic law, employing the Taqnin theory as a guiding framework. Taqnin theory is a crucial conceptual tool in understanding how the DPR contributes to crafting legislation aligning with Islamic principles. Beyond its legislative function, the DPR serves as an interpreter of religious precepts, navigating the intersection between Islamic values and societal needs. By applying Taqnin Theory, the DPR crafts laws in line with Islamic teachings and ensures their relevance within evolving social contexts. The analysis underscores the DPR's role in formulating laws reflecting Islamic values while considering formal legal, moral, and ethical dimensions inherent in Islamic teachings. This process illustrates the active engagement of the DPR in crafting laws that not only address religious imperatives but also respond to social exigencies and communal values. Despite the constructive guidance provided by Taqnin Theory, the article also addresses challenges in its implementation, such as interpretational disparities, community resistance, and political dynamics shaping Islamic law formation in Indonesia. As outlined in the article, the historical trajectory of Islamic law legislation in Indonesia offers insight into its evolution from the colonial era to its integration into the national legal framework. By examining the status of Islamic law in Indonesia, the article delineates the dynamics of a legal system comprising national and customary laws. While Islamic law significantly influences domains such as marriage, inheritance, and Sharia-compliant financial institutions, the foundational principles of Pancasila embody a state ethos characterised by inclusivity and tolerance towards religious and cultural diversity. Moreover, the article underscores the positive legal outcomes of applying Taqnin, underscoring its significance in understanding the process of Islamic law formation in Indonesia.
Индонезийские СМИ о специальной военной операции России (Indonesian media about Russia's special military operation) Syurkani, Panca; Muzykant, Valerii L.
Jurnal Cita Hukum Vol 12, No 1 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i1.38838

Abstract

The Russian-Ukrainian military conflict often makes headlines in many media outlets around the world, including media in Indonesia. However, unfortunately, some media outlets publish fake news regarding the Russian-Ukrainian military conflict. This study examines fake news about Russia's special military operation in Indonesian media. The research method used is descriptive-qualitative. The data collection methodology was carried out by observing various Indonesian media outlets that published fake news related to the Russian-Ukrainian military conflict in Indonesian media. The collected data was then carefully analysed. Based on the analysis, it was established that several media outlets in Indonesia have been proven to disseminate false information regarding the Russian-Ukrainian military conflict that took place in 2022. While some of the above reports related to the Russian-Ukrainian army conflict have been proven fake news or hoaxes, the government does not impose sanctions on journalists or media outlets that publish such information. This is because journalists and media did not check the legitimacy of the information and did not fact-check. After verifying that the government has taken some steps to restore order in this area, the amount of fake news regarding the current Russian-Ukrainian military conflict has decreased significantly.
Viewpoints on Ruling by Law in The Philosophical Thought of Han Fei Tzu Tuoi, Duong Thi
Jurnal Cita Hukum Vol 12, No 1 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i1.38903

Abstract

During the Spring Autumn and Warring States periods, when Chinese society was in chaos and instability, Han Fei Tzu proposed a comprehensive view that law is the most effective tool to bring peace, stability, and justice. This approach, which stands in stark contrast to the contemporary emphasis on morality and virtue in governance, holds relevance even in modern times. The primary aim of this study is to elucidate the role of law in politics from a philosophical perspective, with a specific focus on Han Fei Tzu's thoughts on the application of law as the primary instrument in state governance. The study employs a qualitative method, comprising two main approaches: the literature approach and the law approach. The literature approach is used to analyze classical texts and philosophical works that discuss Han Fei Tzu's thoughts on law and governance, and to review modern academic literature that either supports or criticizes his views. Meanwhile, the law approach is used to assess how Han Fei Tzu's proposed concept of law can be implemented in the context of governance and whether its application aligns with modern legal theory. The findings underscore the importance of Han Fei Tzu's thoughts on law, which stress the need for consistency between theory and practice, and the comprehensive enforcement of law without any discrimination. His thinking also underscores the significance of law as a tool of social control that is not contingent on individual morality, but on absolute obedience to the rules set by the state. The study raises several critical questions about the relevance of Han Fei Tzu's views in the context of modern politics, and offers recommendations for further research on the role of law in achieving sustainable political stability.
Restitution as a Prerequisite for Case Termination: Analyzing Conditional Exoneration in Russian Criminal Procedure Aleksandr Grinenko; Dmitriy Ivanov; Elena Kleshchina; Vladislav Alyshkin; Viktor Bezryadin
Jurnal Cita Hukum Vol 12, No 1 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i1.37741

Abstract

In this scholarly article, the researchers methodically examine the protocols involved in discontinuing criminal cases through the conciliation of the involved parties, as well as ceasing criminal prosecution on the grounds of active contrition, contingent upon the pivotal requirement of recompensing the damage inflicted by the criminal act. The study substantiates that the investigator, or the individual responsible for the preliminary inquiry, bears the mandatory duty to ascertain, via investigative measures, that the injury wrought by the criminal offence has been comprehensively redressed. The authors delineate that the transcript of the victim's interrogation is the most prevalent procedural document, signifying that the conciliation procedures are mutually satisfactory, voluntary, and indicative of the parties' willingness and preparedness to reconcile. Conclusively, the authors infer that exemption from criminal accountability and the consequent cessation of the criminal case, predicated upon reconciliation or earnest remorse, is contingent upon the substantiated evidence of actual compensation for the harm engendered by the criminally punishable deed.
Environmental Agreement as the Object of State Administrative Disputes Teguh Triesna Dewa
Jurnal Cita Hukum Vol 12, No 1 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i1.41133

Abstract

The implementation of state administrative law is presently undergoing considerable changes due to modifications in environmental law regulations. A significant alteration is the shift from a business license framework to a business approval framework, which has generated ambiguity in environmental law enforcement, particularly incorporating ecological approvals under the purview of disputes in the State Administrative Court (PTUN). This alteration presents new difficulties in ascertaining the authority of the PTUN and the interpretation of environmental legislation within the framework of state administration. This study employs a qualitative research methodology utilizing two primary approaches: the literature approach and the legal approach. The literature approach examines several academic sources, journals, books, and legal documents pertinent to the evolution of the corporate licensing and approval system and its implementation in environmental law. This literature study elucidates the theoretical framework and legal advancements pertinent to ecological conflicts in the PTUN. The legal analysis involves scrutinizing relevant laws and regulations, particularly state administrative and environmental law, including Law No. 30 of 2014 on Government Administration and Law No. 32 of 2009 on Environmental Protection and Management. The study's findings indicate that transitioning from a business licensing system to a business approval system has generated ambiguity within PTUN authority, particularly on environmental approvals. The State Administrative Court, as a crucial judicial body under the Supreme Court, possesses autonomy in adjudicating administrative disputes and plays a key role in the enforcement of environmental law. Yet, this alteration necessitates a more explicit elucidation of environmental and state administrative law interplay. This article seeks to examine the function of the PTUN within the Indonesian legal system concerning the enforcement of environmental law and to provide solutions for addressing the issues stemming from this regulatory alteration.
Corruption in Higher Education; A Comparative Studies on Whistleblowing System between University of Stanford and Universitas Indonesia Saomi Rizqiyanto; Muhammad Chaerul Anwar; Rezky Ramadhan Antuli
Jurnal Cita Hukum Vol 12, No 1 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i1.38693

Abstract

This study seeks to demonstrate the utilisation of the whistleblower system in higher education to mitigate academic dishonesty and fraud, emphasising a comparison between Stanford University in the United States and the University of Indonesia. The study's findings indicate that both universities acknowledge the significance of witness protection within the whistleblowing framework, particularly to safeguard the safety and security of whistleblowers. Stanford University and the University of Indonesia provide conventional reporting mechanisms; nevertheless, Stanford University possesses superior reporting governance and regulations. Both schools offer application-based reporting mechanisms; however, Stanford University maintains an exceptional framework for reporting management rules and whistleblower protection. This study's conclusions aim to assist Indonesian universities in establishing efficient reporting methods and procedures to eliminate corruption and enhance academic integrity. This study employs a qualitative research methodology encompassing two primary approaches: a literary approach and a law approach. The literature review method examines academic literature, publications, and regulations about whistleblowing in higher education institutions in the United States and Indonesia. This literature analysis examines the optimal practices of whistleblower systems in several international universities and their implications for higher education in Indonesia. A legal framework is utilised to explore the existing regulations and statutes, specifically concerning witness protection, whistleblower security, and the enforcement of academic integrity. This entails an examination of the legislation and internal university policies concerning whistleblowing in each nation. The study offers a comprehensive comparative analysis of the effective implementation of whistleblower systems in Indonesian universities, along with recommendations for enhancing reporting governance policies to foster a more transparent and accountable academic environment.

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