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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 14 Documents
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Search results for , issue "Vol 12, No 2 (2024)" : 14 Documents clear
Legal Regulation Experience of Individual Countries of The European Region Regarding Implementation of International Standards for Ensuring Criminological and Criminal-Legal Protection of Justice Yuliia Khrystova; Serhiy Miroshnychenko; Iryna Kurbatova; Oleksiy Titarenkо; Maksym Maksimentsev
Jurnal Cita Hukum Vol 12, No 2 (2024): In Press
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i2.41093

Abstract

The article describes experience of Germany and Austria in implementing international standards for ensuring criminological and criminal-legal protection of justice. A set of general scientific and specific scientific research methods were used in the preparation of this article in order to define special subjects authorized to carry out such criminological activities, peculiarities of their interaction with the police and other law enforcement agencies, to reveal the content of legislative mandates regarding organization and functioning of the Court Security Services and their counterparts, as well as that of the legislation on criminal liability for criminal offenses against justice. The purpose of this work is to determine promising directions for increasing efficiency of implementing criminological and criminal-legal protection of justice by authorized subjects in Ukraine, which has become especially important in the sphere of ensuring national security under martial law, taking into account positive experience of such European region countries as Germany and Austria regarding implementation of international standards recognized by the international community in this area. Based on the results of the research, prospective directions for improving the activity of the Court Security Service of Ukraine, its interaction with the National Police and other subjects of the state sector and non-state sector in provision of criminological protection of justice, as well as the legislation of Ukraine on criminal liability for criminal offenses against justice, taking  into account experience of Germany and Austria regarding implementation of standards recognized by the international community in this area.Key words: Criminological Protection of Justice; Court Security; Court Security Service; National Police of Ukraine; Criminal Offenses Against Justice.
Use of special knowledge in the investigation of crimes in the field of credit Volodymyr Bondar; Anton Korshun; Tetiana Chashnytska; Maryna Bochkarova; Yevhen Priakhin; Andrii Nahornyi
Jurnal Cita Hukum Vol 12, No 2 (2024): In Press
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i2.40531

Abstract

On the basis of the results of the analysis of judicial and expert practice, as well as scientific sources, a study of the problematic aspects of the involvement of a specialist in the conduct of individual investigative (search) actions, the appointment and conduct of expert studies in the investigation of crimes in the field of lending was carried out. It has been established that the existence of schemes of criminal activity is typical for the technology of criminal enrichment through credit and financial transactions, which include: appropriation of bank credit resources, fraudulent obtaining of credit, fraud with financial resources. It was emphasized that the clarification of certain circumstances in the mentioned criminal proceedings is impossible without the use of special knowledge, primarily related to making changes to the relevant official documents. Typical investigative (search) actions are highlighted, in which it is necessary to actively use the help of a specialist, as well as the main areas of application of special knowledge by the parties to criminal proceedings, in particular, the investigator and the defense attorney. The importance of forensic examination (technical examination of documents, handwriting examination, complex forensic dactyloscopy, handwriting and technical examination of documents) is indicated as one of the main means of obtaining evidence during the investigation of criminal offenses in the field of lending. Particular attention is focused on determining the purpose, subject and tasks of technical examination of documents in the investigation of criminal offenses of this category.
Judge's arguments in decisions involving Sharia economic disputes in the regional religious courts of Jakarta, 2015–2022. Faqih Zuhdi Rahman; Mustolih Siradj; Asadurrahman Asadurrahman
Jurnal Cita Hukum Vol 12, No 2 (2024): In Press
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i1.35955

Abstract

Judges must be capable of settling sharia economic issues without departing from accepted sharia principles. When weighing each decision, the judge takes into account the DSN-MUI Fatwa, which serves as a manual and a mechanism for the implementation of sharia economic activities in Indonesia, as well as KHES, which serves as the primary legal framework for religious courts handling sharia economic disputes. This study intends to map the judges' arguments in sharia economic issues and explain how the National Sharia Council-Indonesian Ulema Council (DSN-MUI) Fatwa and the Compilation of Sharia Economic Law (KHES) are applied in Religious Court rulings involving sharia economic disputes. A qualitative approach is applied in the study methodology, which is normative legal research. The study's findings demonstrate that the judges' arguments in sharia economic matters in the Jakarta Regional Religious Court jurisdiction reflect their own viewpoints. The judge's arguments in the five Religious Courts in the Jakarta region frequently reference the Civil Code for legal justifications. The DSN-MUI Fatwa and KHES must be applied as effectively as possible. The use of KHES is only used in specific articles, namely using Articles 36 and 38 of the Compilation of Sharia Economic Law and the DSN-MUI Fatwa, which is mostly used in matters of compensation or ta'widh or sanctions for customers who are unable to fulfill their obligations, according to an analysis of sharia economic case decisions at the Jakarta Regional Religious Court.
Анализ Дела о Смерти Джамаля Хашогги: Перспективы Международного Права и Государственной Юрисдикции (Analysis of the Jamal Khashoggi Death Case: Perspectives on International Law and State Jurisdiction) Faris, Dzaka Ashriel; Fadillah, Firman; Machyawaty, Tety
Jurnal Cita Hukum Vol 12, No 2 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i2.41195

Abstract

The case of the murder of Jamal Khashoggi at the Saudi Consulate in Istanbul has drawn the attention of the international community to such important issues of international law as the abuse of diplomatic immunity and State responsibility for human rights violations. This analysis reveals the dynamics of international law and national jurisdiction in relation to crimes committed at diplomatic facilities, which should be protected by diplomatic immunity. The principle of territorial jurisdiction allows Turkey, as a crime scene, to investigate and bring the perpetrators to justice, while Saudi Arabia faces problems in complying with international conventions on law enforcement, fair treatment of foreign citizens and protection of human rights. The Khashoggi case raises questions about the extent to which diplomatic immunity can protect international crimes and how countries can fulfill their obligations under international law without sacrificing sovereignty. The impact of this event on Saudi Arabia's reputation and diplomatic relations is also significant, which has sparked a debate about the role of soft power and ethics in world politics. This study aims to deepen understanding of the challenges in the field of international justice, emphasizing the importance of States complying with existing international standards and responding decisively to the abuse of diplomatic immunity. The study concludes by emphasizing the need to reform international law as a preventive measure against such crimes in the future, while ensuring respect for the principles of justice at all levels. 
Administrative and legal status of public administration subjects regarding countering terrorism: Constitutional and Theoretical Aspects Opatsky, Roman; Pisotska, Karina; Chvaliuk, Andrii; Molchanov, Rostyslav; Tulinov, Valentyn
Jurnal Cita Hukum Vol 12, No 2 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i2.41091

Abstract

The research aimed to make known the administrative and legal status of public administration subjects in the counter-terrorism field. It was found that a rather straightforward and logical structure of state bodies in the field of organization and coordination of the fight against terrorism has been created in Ukraine. The system of anti-terrorist entities is a set of specific, legally defined institutions that interact intending to prevent, detect, stop and minimise the consequences of terrorist activities. The research used the following methods: analysis of biographical sources, synthesis, deduction, comparative analysis meta-analysis, etc. In the conclusions, it has been established that the President of Ukraine, the Verkhovna Rada and the Cabinet of Ministers are the key actors in the fight against terrorism in the system of higher authorities. The defining areas of action of the President of Ukraine in the sphere of counter-terrorism are the activities aimed at regulatory and legal support of counter-terrorism in Ukraine, which implies the creation, liquidation, reorganization and management of relevant counter-terrorism entities.
Comparative Legal Analysis of the Use of Electronic Format of Criminal Cases and the Procedure under the Code of Criminal Procedure of the Russian Federation Dmitriy Ivanov; Aleksandr Grinenko; Pavel Fadeev; Sergey Ermakov; Svetlana Antimonova
Jurnal Cita Hukum Vol 12, No 2 (2024): In Press
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i2.39691

Abstract

The article deals with foreign experience of digitalization of preliminary investigation. Russian Federation is dominated by conservative views of law enforcers and legislators on this issue. Currently there are only small steps towards the digitalisation of preliminary investigation in our country. At the same time it has been established that the introduction of various information systems and automated workstations into practice, which was supposed to create a unified system and network of wide coverage, has not happened due to the lack of a unified request from the system of investigative bodies and technical capabilities, as well as lack of an urgent need for changes in the working procedure on the part of investigators and interrogators. In conclusion, the authors conclude that there are currently only minor steps towards digitalisation of pre-trial investigations and the creation of an electronic format for criminal cases in the Russian Federation. However, it is obvious that the rapidly developing information and telecommunication technologies will do their job in this aspect as well, which will lead to the creation and successful testing of the topic studied by the authors.
State’s Management of Belief and Religious Activities according to Vietnam law and role in the direction of cultural activities Van Hong Vu
Jurnal Cita Hukum Vol 12, No 2 (2024): In Press
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i2.40532

Abstract

Vietnam’s innovation process, which started in 1986, has created many changes in the country's economic, political, and cultural life; at the same time changed the State’s behavior on beliefs and religions. According to the Law on Belief and Religion (2016), many forms of beliefs are recognized and many religions coexist in Vietnam and role in the direction of cultural activities. The Vietnam State also respects the people’s right to freedom of belief and religion. The topic of this study is to focus on clarifying the diversity in people’s beliefs and religious activities as well as the recognition by the State’s legal documents on the diversity of beliefs, many religious organizations as well as the people’s freedom of beliefs, and religion when the country innovation. In this context, information about different types of beliefs and religions; diversity in belief and religious activities; and number of followers will be provided. Then there is the legal basis of people’s freedom of belief and religious activities; regulations on the organization and operation of religious organizations will be considered and evaluated. Limitations and shortcomings in religious activities will be discussed; some issues of orientation for the state management of beliefs and religions were raised. This study aims to evaluate the positive changes in the State’s belief and religion policy and propose some solutions to improve the State’s management policy and law on belief and religion. This study has important implications for the State to continue to have policies to continue to manage and promote the people’s diversity in belief and religious activities.
Principles of law in the legal regulation of social relations in modern conditions: administrative, criminal and constitutional aspects Basko, Andriy; Hryshyna, Natalia; Obushenko, Nataliia; Fedorov, Ihor; Koteliukh, Mykola
Jurnal Cita Hukum Vol 12, No 2 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i2.41224

Abstract

The purpose of this paper is to conduct an independent study on the position of legal principles in the legal regulation of public relations in the context of digitalization. In writing this paper, the functional research method was used. The functional research method allows for a thorough clarification of the dynamic aspects of legal principles, their practical objectives, their position and role in the law and in other elements of the legal system of society in general, and their impact on social relations in the form of legal regulation and other forms of legal influence (informational, value-oriented, psychological, system-shaping, etc.). Although the role of legal principles in today's various legal systems is not the same, it is nevertheless concluded that legal principles are one of the sources of law practically everywhere, whether nominal or de facto. The importance of legal principles is that they serve as a framework, the basic structure of the legal system; that they are a guide in the process of development and formation of law; that they have a significant impact on the formation of people's legal consciousness; that they can be a direct basis for making individual legal decisions in a particular case; that they can provide a legislative blanks, reflected in the fact that legal principles can be used as a legal basis for considering legal issues, and that legal principles contribute to the correct interpretation of legal norms while they serve as a source of law.
Classification of Circumstances that Contributed to the Commission of a Crime in the Legislation of the Russian Federation Volkova, Galina; Ivanov, Dmitriy; Vasyukov, Vitaliy; Polyakov, Sergey; Batyukova, Vera
Jurnal Cita Hukum Vol 12, No 2 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i2.39698

Abstract

In the article, the authors consider the most pressing issues related to the classification of circumstances that contributed to the commission of a crime in Russian legislation. It is established that the factors that make it possible to classify the above circumstances are: the identity of the suspect (accused); the living conditions and upbringing of the person who committed the crime; the circle of communication of the person who committed the crime; the circumstances of the origin of criminal intent; the circumstances that made it possible to achieve criminal goals; circumstances of an objective nature, the totality of which allows you to commit a specific crime; the absence of preventive measures and preventive work in the presence of appropriate conditions. The authors substantiate the position that the considered factors, according to which the classification of the circumstances under study was carried out, are conditional and are not exhaustive in their essence. At the same time, the classification of the circumstances under consideration by the authors allows the head of the investigative body and the investigator to correctly and competently plan their daily activities aimed at identifying, proving and eliminating them. In conclusion, the authors conclude that the classification of circumstances that contributed to the commission of a crime is necessary to build an algorithm of actions to identify, prove and eliminate them at all stages of pre-trial proceedings in criminal cases. Only when all three dominants are achieved (identification, proof, elimination) will the goals of criminal proceedings be achieved.
Legal Policy Study on the Authority and Responsibility of Nadzir in Waqf Management Hidayat, Yusup; Machmud, Aris; Lubis, Rahmad
Jurnal Cita Hukum Vol 12, No 2 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i2.42289

Abstract

Wakf plays a pivotal role in Muslims' economic development and social welfare. The nadir, as the manager of waqf assets, possesses the legal authority and responsibility to optimize waqf utilization in conformity with Sharia principles. Nonetheless, in practice, numerous problems and constraints frequently impede the efficacy of nadzir's job. This article seeks to examine the legal framework governing the power and responsibilities of nadir in waqf administration in Indonesia, intending to identify the support and challenges encountered by nadir in managing waqf assets. This study employs a qualitative methodology utilizing a literature review and a legislative analysis, encompassing an examination of Law No. 41 of 2004 on Waqf and its associated regulations alongside diverse scholarly material pertinent to waqf management. The study's findings suggest that while legal frameworks in Indonesia establish a foundation for nadzir's power, it is necessary to enhance laws and governmental assistance to optimize waqf management. In conclusion, incentive policies and enhanced competence of nadzir are essential to augment efficiency and transparency in waqf management, so enabling a more significant contribution to community welfare. 

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