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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 15 Documents
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Search results for , issue "Vol 12, No 3 (2024)" : 15 Documents clear
Legal Framework of Employing Autonomous Navigation Technologies in Maritime Transport Vessels: Challenges and Benefits from Stakeholder Perspectives Abdelhady, Mahmoud Abd Elgawwad
Jurnal Cita Hukum Vol 12, No 3 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i3.42268

Abstract

The study aims to explore the challenges of employing autonomous navigation technologies in maritime transport vessels by identifying the main challenges and assessing their relation to the readiness of the legislative framework. The methodology conducted for this study is semi-structured interviews to collect data, and participants were recruited via snowball sampling. This method was a series of one-on-one, open-ended interviews with a variety of stakeholders involved in maritime transportation, including "maritime transport experts, technicians, legal professionals, maritime insurance experts, captains, maritime observers, port officials, officials in maritime transport companies, and crew members of maritime transport vessels, along with experts in control and remote sensing systems." Data was gathered in two stages: the first involved in-person and remote interviews focused on exploring the challenges and benefits of employing autonomous navigation technologies in maritime transport vessels. In the second stage, the main challenges identified in the first round were presented again to the experts to evaluate their impact on the readiness of the legislative framework. The methodology ensured sufficient data collection, reaching a saturation point, which enhanced the reliability of the results. The study's results confirm the strong relationship between overcoming the challenges facing autonomous navigation technologies in maritime transport vessels and utilising these technologies. It also confirms the direct impact of the expansion of autonomous navigation technologies on the legal status of the ship and maritime navigation personnel. This entails the need for innovative standards to ensure safety and determine legal responsibilities in line with the unique risks associated with autonomous navigation technologies. The study offers a distinctive contribution by exploring the challenges of employing autonomous navigation technologies in maritime transport vessels and analysing the challenges and benefits from multiple, realistic perspectives. This contributes to creating a suitable environment for employing autonomous navigation technologies in maritime transport vessels, achieving the benefits of these technologies, and overcoming the challenges.
Legal Prospects of Temporary Protection for Citizens of Ukraine in the Member States of the European Union Kozhura, Liudmyla; Zadereiko, Svitlana; Ryzhuk, Yuliia; Vlasenko, Valentyna; Zamryha, Artur
Jurnal Cita Hukum Vol 12, No 3 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i3.42807

Abstract

The article examines the legal prospects of the international mechanism of temporary protection for citizens of Ukraine in the member states of the EU. The issue of temporary protection is regulated by Directive 2001/55/EC dated July 20, 2001, which was activated for the first time in history by EU Council Decision 2022/382 dated March 4, 2022, which provides immediate protection and access to rights in the EU, including the right to residence, access to housing, access to the labour market, access to education for children, the right to medical and social assistance. The Directive 2001/55/EC was activated for the first time in history for Ukrainians who were fleeing war masse after the full-scale invasion of the Russian army in Ukraine, and the 3-year period is the maximum for its effect. However, the war in Ukraine continues, and the EU Council decided to extend temporary protection for Ukrainian citizens in the member states of the European Union until March 4, 2026. Experts' predictions regarding when the war in Ukraine will end vary greatly (from this year to decades). Therefore, the issue of the legal status of Ukrainian citizens in the member states of the European Union becomes relevant, and options for a solution need to be found. However, temporary legal status for an indefinite period is not the best solution; citizens of Ukraine found themselves in EU member states in waiting mode without a time frame. This does not contribute to the full integration of Ukrainians into European society or to their decision to return to Ukraine. The article aims to analyse possible legal options for solving this issue based on the complex use of such methods of scientific knowledge as historical, formal-legal, comparative-legal and prognostic. It was concluded that in modern political conditions, it is necessary to look for a permanent legal mechanism for the stay of citizens of Ukraine in the EU member states rather than a temporary one.
Digital Data Collection of 3 kg LPG Purchasers - Transformation of 3 kg LPG Subsidy as Implementation of the Minister of Energy and Mineral Resources Decree No. IX. 37.K/KMG.01/MEM.M/2023 Gintings, Irto Petrus; Suryanti, Nyulistiowati
Jurnal Cita Hukum Vol 12, No 3 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i3.42158

Abstract

The energy needs, especially for subsidized LPG 3 kg, have increased by more than 700% compared to the initial program of kerosene-to-LPG conversion in 2007. The distribution of 3 kg LPG is now widespread across almost all of Indonesia. Currently, 95% of LPG usage is subsidized category. As a result, subsidies for 3 kg LPG have consistently risen annually. Meanwhile, the price gap between subsidized and non-subsidized LPG has widened, leading to widespread illegal filling practices. Ironically, eligible citizens often struggle to obtain 3 kg LPG. Due to broad criteria allowing almost anyone to purchase it. This study aims to analyze government policies aimed at more targeted subsidy transformation. Utilizing a juridical-normative research method, it examines the regulations governing the distribution of 3 kg LPG and the underlying policies for subsidy transformation. The desired outcome is for the government to ensure that the subsidy for 3 kg LPG reaches its intended targets through adequate regulations. Revision of Presidential Regulation 104/2007 is deemed necessary to clarify criteria for 3 kg LPG users and enable effective implementation. Ministerial Decision No. 37.K/MG.01/MEM.M/2023 mandates businesses to gather buyer data via web-based applications, enabling cross- referencing with welfare rankings from relevant ministries/agencies based on buyer names and addresses. The digitalization effort by government-appointed entities in data collection for 3 kg LPG buyers aims to ensure that subsidies reach the eligible Indonesian citizens.
State’s Obligation to Protect Human Rights in Business Activities According to the Guiding Principles on Business and Human Rights: Implementing the United Nations Protect, Respect, and Remedy Framework - Recommendations for Vietnam Ha, Le Thi Tuyet
Jurnal Cita Hukum Vol 12, No 3 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i3.42267

Abstract

The state’s duty to protect human rights in corporate activities, as outlined in the UN Guiding Principles on Business and Human Rights (UNGP), is essential in promoting, respecting, and safeguarding human rights within the business sector. This article examines the state's obligations under the UNGP in the context of corporate activities. It connects this analysis with the development and application of a National Action Plan (NAP) based on the general provisions of the UNGP. Employing a qualitative research methodology, the study utilises a doctrinal approach to analyse international legal instruments, national policies, and academic literature related to the UNGP framework. Additionally, the article incorporates a comparative approach, reviewing examples of NAP implementation in various countries to provide practical insights for Vietnam. The findings emphasise aligning Vietnam's legal and policy frameworks with the UNGP to enhance corporate accountability and human rights protection. The study concludes with several actionable recommendations for Vietnam to implement the UNGP effectively, considering its unique socio-economic context and the demands of global development. These recommendations aim to strengthen Vietnam's capacity to address human rights challenges in corporate practices and contribute to its sustainable development goals.
Artificial Intelligence and the Issue of Information Protection: Legal Aspect Kudryavtsev, Vladislav; Leontev, Mikhail; Riabchenko, Aleksandr; Akhyadov, Elman; Panova, Nataliia; Sinyukov, Vasily
Jurnal Cita Hukum Vol 12, No 3 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i3.42520

Abstract

The development and use of artificial intelligence (AI) brings new challenges related to information protection, which is an important concern in the legal context of today's digital era. This article aims to analyse the legal aspects of information protection in the development and application of AI. This research was conducted using qualitative methods through a literature approach and analysis of legislation, both at the national (Russian) and international levels. The analysis results show that the main objects of information protection in the context of AI include trade secrets, professional secrets, and personal data. Therefore, entities holding trade and professional secrets and processing personal data must handle this issue under the applicable legal framework. This article concludes that existing regulations must evolve to accommodate information protection challenges in the dynamic AI ecosystem.
Legal Economic Politics in Eradicating Criminal Acts of Corruption in State-Owned Enterprises Firmansyah, Amir; Suparji, Suparji; Adji, Indriyanto Seno
Jurnal Cita Hukum Vol 12, No 3 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i3.43850

Abstract

This paper analyses the function of State-Owned Enterprises (SOEs) in bolstering the national economy and the substantial obstacles they encounter in addressing corporate corruption.  State-owned enterprises serve a crucial role as primary agents of national development, especially in infrastructure, energy, and strategic sectors. Their dual role—catering to public and commercial interests—frequently subjects them to governance challenges and corruption vulnerabilities.  This research seeks to elucidate the operational dynamics of state-owned enterprises (SOEs) as primary stewards of the national economy, while concurrently examining their involvement in mitigating corporate criminal activities.  The study examines the utilisation of the business judgment rule to protect SOE directors from legal accountability concerning sound faith business judgments and the overarching legal-political backdrop influencing anti-corruption initiatives.  The study utilises a qualitative research method, incorporating a literature analysis and a legislative approach.  It examines diverse statutory rules and legal principles and records instances of corruption related to state-owned enterprises, utilising scholarly articles from the law, governance, and economics disciplines.  The findings indicate that while the business judgment rule offers essential protection for corporate decision-makers, inadequate internal controls, political meddling, and unclear legal obligations persist in obstructing efficient governance within state-owned enterprises (SOEs).  Moreover, the inconsistent implementation of anti-corruption policies diminishes their efficacy.  The report indicates that extensive reform is necessary to enhance legal responsibility, increase transparency, and professionalise the administration of state-owned enterprises.  Enhancing institutional control and maintaining regulatory compliance are essential measures to protect the strategic role of state-owned enterprises in fostering sustainable and corruption-free economic development.
Criminal Liability for Establishing the Criminal Impact of Russia's Armed Aggression Against Ukraine Akimov, Mykhailo; Chugaievska, Alona; Alieksieieva-Danylenko, Yuliia; Semeniuk-Prybaten, Anna; Lytvynenko, Olha
Jurnal Cita Hukum Vol 12, No 3 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i3.42269

Abstract

Russia's aggression against Ukraine emphasised the question of criminal accountability for acts committed during the war. The research aims to study international legal norms regarding avoiding criminal penalties for developing criminal influence on Russian military operations against Ukraine. Implementing such a task involves using the scientific method of content analysis to review legal sources and specialised literature and compare existing practices and innovations in the legal sphere. The results noted that Russia's armed aggression created favourable conditions for activating criminal groups that use the unstable situation to establish their influence. Under such circumstances, establishing criminal influence has a tangible negative impact on stabilising the existing situation. To counteract such negative phenomena at the national level, there is talk of strengthening criminal responsibility for committed offences, strengthening coordination actions between law enforcement agencies, strengthening institutional capacity, and intensifying international support. Besides, the experience of some European and Asian countries, where a criminal punishment is prepared just for admitting one belongs to the criminal world. The conclusions indicate that applying such experience, however, requires caution since, in martial law, it is important to counter also other manifestations of criminal influence – corruption and abuse.
Legal Regulation of Land Protection as one of the Directions for Preventing Corruption Mozghovyi, Oleksandr; Kolomoitsev, Vitalii; Korniienko, Maksym; Liutikov, Pavlo; Marchenko, Olesia
Jurnal Cita Hukum Vol 12, No 3 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i3.43509

Abstract

The study aims to analyse global trends in land use and conservation in the activities of state administrations as one of the directions for preventing corruption. Main content the study analysed global trends in state management in land use and conservation as one of the directions for preventing corruption. The results show that the use of land resource potentials in the world's countries is carried out by considering the environmental safety requirements stipulated in the land region's strategic documents. Considering Ukraine's European integration intentions, a tool for rural area development based on the ecosystem approach is proposed. Methodology The materials and methods of the study are based on the analysis of documentary sources. The basis is a dialectical method of recognising the phenomena of social reality, and based on this dialectical method, mainly formal and comparative legal approaches are used. Conclusion The experience of the EU and countries around the world shows that the priority of national administrations (land administrations) in land use and conservation is the ecosystem approach to the conservation and regeneration of land and other natural resources, which can be achieved through the maintenance of common agricultural policies, the creation of funds to support farmers, the provision of technical assistance, national and targeted programs for development and long-term development planning. The general trend in European Union countries is to develop land sector development strategy documents that look 5-10 years ahead.
A Comparative Legal Analysis of Freedom of Belief and Worship in Turkey UGUR, Hakan; GÜLOĞLU, Nazife Vildan; Guloglu, Yavuz
Jurnal Cita Hukum Vol 12, No 3 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i3.43849

Abstract

Freedom of Belief and Freedom of Worship are interrelated and complementary freedoms. While belief primarily concerns the internal aspect of an individual, their spirit and worship can be seen as the manifestation of belief, transitioning from the abstract to the tangible. Freedom of belief and worship are among the inalienable fundamental rights established in national, regional, and international human rights documents. Recognised as one of the core values of a democratic society, freedom of belief is considered a fundamental right that cannot be restricted, even in times of war or emergency. The scope of these rights and freedoms, as enshrined in the constitutions of modern societies, has expanded over time in favour of liberties through legislative regulations and judicial rulings. Generally, in the decisions of the Turkish Constitutional Court and the European Court of Human Rights, to which Turkey is a party, it is emphasised that the internal aspect of freedom of belief is an inseparable part of one’s personality, making this freedom non-restrictable. However, it is difficult to assert that freedom of worship, which serves as an outward expression of this liberty, is fully guaranteed by the legal system, as it is acknowledged that this freedom can be restricted in line with the requirements of a democratic society. Given that the boundaries of freedom of belief and worship cannot be distinctly defined and that separating these two domains is highly complex, it must be recognised that any intervention or limitation on freedom of worship inevitably impacts freedom of belief. This study will examine international legal regulations on freedom of belief and worship, constitutional provisions, and the decisions of the European Court of Human Rights and the Constitutional Court on this matter. Additionally, progress made in Turkey, along with challenges and shortcomings encountered in practice, will be addressed, and potential solutions will be offered. The topic will also be compared from a religious perspective, assessing the role of religion concerning these freedoms.
The Concept and Meaning of the Procedural Control of the Head of an Investigative Body in Criminal Proceedings Smeshkova, Liliya; Moskovtseva, Kristina; Potapov, Vasily; Grinenko, Aleksandr; Ermakov, Sergey
Jurnal Cita Hukum Vol 12, No 3 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i3.42518

Abstract

In the article, the authors consider the most pressing issues relating to the conceptual framework of procedural control of the head of an investigative body and its importance in pre-trial criminal proceedings. The authors distinguish the correlation between the procedural control and departmental control exercised by the head of the investigative body. The authors substantiate that the science of criminal procedure needs theoretical consolidation of the correlation between procedural and departmental control, which is correlated as the general with the particular, where procedural control is understood as a special case of departmental control. In conclusion, based on the features highlighted by the authors, the author's wording of the concept of procedural control, which should be understood as based on the norms of criminal procedure law activity of the head of the investigative authority, carried out during the pre-trial proceedings in criminal cases, to implement the purpose of criminal proceedings, identifying, eliminating and preventing violations of criminal procedure and other legislation by the investigator, subject to the limits determined by procedural independence.

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