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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 9 Documents
 1 
Search results for , issue "Vol 5, No 2 (2017)" : 9 Documents clear
The Principle of Legality in Criminal Act of Terrorism Hariman Satria
Jurnal Cita Hukum Vol 5, No 2 (2017)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v5i2.4959

Abstract

The trial of Imam Samudera cs uses Perppu No 1 2002 on Combating Criminal Acts ofTerrorism. This regulation was made after Bali bombing 1. So the criminal provisions weremade retroactively. Similarly, in cases of serious human rights violations in East Timor, theperpetrators use retroactive laws. Enforcement of the criminal provisions retroactively alsomade by the ad hoc international criminal court through Nurenberg Trial and Tokyo Trial in1945. Enforcement of the criminal provisions aimed at fulfilling the principle of justice, thatthe convict by violating the principle of legality is not fair but not punishing guilty of seriouscrimes which did not fare much better. Strictly speaking, the principle of legality can crisis. DOI: 10.15408/jch.v5i2.4959
Judge Optics on Environmental Dispute Dispute Objects, Expiration And Community Participation Principles In The Issuance Of Environmental Document Processing On The Case Of Kendeng Wahyu Nugroho; Ida Nurlinda; Bambang Daru Nugroho; Imamul Hadi
Jurnal Cita Hukum Vol 5, No 2 (2017)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v5i2.7093

Abstract

Different ways of access to justice in Indonesia for minority or homogeneous communities in certainareas that utilize natural resources as part of their lives. Examples of this group are people in themountains kendeng Rembang regency Central Java Province who mostly work as farmers andplanters, against the Governor of Central Java and PT Semen Gresik (Persero) Tbk. upon the issuanceof Central Java Governor Decree No. 660.1 / 17/2012 on Environmental Permit for Mining andConstruction of Cement Plant by PT Semen Gresik (Persero) Tbk. in Rembang District, Central JavaProvince dated June 7, 2012. Kendeng community took three levels of court lane, namely the StateAdministrative Court of Semarang, the State Administrative High Court of Surabaya and the JudicialReview Review. The case is interesting to examine and a good example of access to justice inIndonesia over the issue of environmental permit issuance, in the context of the development ofenvironmental law studies and state administrative law, in particular judge optics as well as stateadministrative officials on the understanding and interpretation of the General Principles ofGovernance the Good (AUPB). DOI: 10.15408/jch.v5i2.7093
The Ideological Study of Judicials From The Formal Centralistis to The Legal Pluralism (Analysis of the Meaning of Judge on Article 5 paragraph (1) of Law Number 48 Year 2009 on Judicial Power) Rina Yulianti; Mufarrijul Ikhwan
Jurnal Cita Hukum Vol 5, No 2 (2017)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v5i2.4190

Abstract

Article 5 (1) of Law Number 48 Year 2009 concerning Judicial Power becomes ineffective if acentralistic ideology still working  in view of the judge. The type of study used in this researchwas a non-doctrinal legal studies (sociolegal research). Research conducted in the DistrictCourt and Religious Court in Madura based on the judges perception by meaning of article 5paragraph (1) law 48/2009 and justices consideration to verdict making process. The resultsshowing the judges majority interpret the Article 5, paragraph 1 Law 28/2009 to legaldiscovery (rechtsvinding) as an efforts if a legal vacuum, otherwise the judges did notinterpret used living law when there are legal gaps. Thus showing domination of the state lawover the law that lives in society. DOI: 10.15408/jch.v5i2.4190
Effort of Medan Mayor in Realizing Clean Government (Study About the Practice of Administration in Medan City To Prevent and Acts Criminal Actors of Corruption) Sabungan Sibarani
Jurnal Cita Hukum Vol 5, No 2 (2017)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v5i2.4952

Abstract

The efforts of Mayor of Medan in creating a clean government in Medan City Government isto promote the rules and policies that have made the central government and implementedby the city government of Medan conditions include (a) the fact Integrity, (b) e-purchasing,(c) e-government, (d) reward (reward) and punishment (punishment), (e) unqualified (WTP)and the Procurement Services Unit (ULP). The role of the Mayor of Medan to prevent andtake action against perpetrators of corruption in the city government of Medan are (a) facingthe principle of transparency in carrying out the functions and duties of office to preventcorrupt practices, (b) make an early warning program of prevention of corruption, (c) andnine steps to eradicate corruption. That support wider community both from the communityorganizations, businesses, and students are needed. DOI: 10.15408/jch.v5i2.4952
Legal Protection for Victims of Corporate Crimes In The Employment Field at Palembang City Burhanuddin Burhanuddin
Jurnal Cita Hukum Vol 5, No 2 (2017)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v5i2.7087

Abstract

Criminal sanctions which are imposed on corporations committing employment crimes as provided inArticle 185 paragraph (1) of the Manpower Act are sufficiently burdensome, both for corporations andcorporate administrators, as the cumulative and alternative system of criminal imposition of criminalpenalties. It means that the corporate executives who commit crimes may be subject to imprisonmentor criminal penalties and both imprisonment and fine. But in practice law enforcement officers do notdirectly impose criminal sanctions in the form of imprisonment to corporate executives who commitcrimes in the field of employment in the city of Palembang. This is due to the tendency of lawenforcement officers to use the principle of subsidiarity, namely the criminal law placed in the ultimumremendium position, on the grounds of economic considerations, so that sanctions are imposed onlyadministrative sanctions and criminal penalties and close the normative rights of labor only. DOI: 10.15408/jch.v5i2.7087
Referendum Patterns In General Regional Challenges of Regional Head In 2015 In Three Districts; Tasikmalaya, Blitar And North Timor Abu Tamrin; Nur Rohim Yunus
Jurnal Cita Hukum Vol 5, No 2 (2017)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v5i2.7092

Abstract

The phenomenon of a single candidate for regional heads occurred in the general elections of regionalheads in 2015, especially in three districts of Tasikmalaya, Blitar and North Central Timor. Thesethree areas have varying reasons for the occurrence of only one candidate pairs in the election. Inreality this condition is a form of empirical democracy that can not be rejected and avoided. So thenattempted to find a solution to the democratic party with the condition of only one candidate pair canstill run well. Therefore, the Constitutional Court decided to continue to provide an opportunity forthe regions to conduct regional head elections with only one candidate pair, using mechanisms ofagreeing and disagreeing, or so-called referendum patterns or polls. The public is only obliged todecide whether to agree or disagree with the candidate for the regional head who follows the generalelection. DOI: 10.15408/jch.v5i2.7092
Problematic Issuance of Land Rights Certificate Moh Ali Wafa
Jurnal Cita Hukum Vol 5, No 2 (2017)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v5i2.7089

Abstract

Many people who have not registered ownership rights so that they have no protection andlegal certainty due to several factors: First, factor of land ownership history. Second,community psychology. Third, weakness of land registration rules. Fourth, executorimplementation, intervention BPHTB legislation and other fees. Fifth, the mechanism ofregistration of land is too expensive for the community both procedure and registration fee.The Solution and effort to minimize the occurrence of land disputes society are: first, bypreventing the land dispute case is not repeated. Second, the government immediatelysocialize what and how the issuance of land certificates and the purpose of certificates. Third,If there is dispute in the court that the object is not certified land, the court notifies the urbanvillage and local BPN to block the transaction or the transition of the land immediately. Fourth,each transaction or transition of land with proof of ownership in the form of girik, the witness inthe transaction should be the Village Head and the BPN officer, and fifth, it is better if there island dispute in the court, at least one judge from land law expert, such as non-academicjudges (academics). DOI: 10.15408/jch.v5i2.7089
Principles of Defense (Rechtmatigheid) In Decision Standing of State Administration Syofyan Hadi; Tomy Michael
Jurnal Cita Hukum Vol 5, No 2 (2017)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v5i2.8727

Abstract

The efforts of Mayor of Medan in creating a clean government in Medan City Government isto promote the rules and policies that have made the central government and implementedby the city government of Medan conditions include (a) the fact Integrity, (b) e-purchasing,(c) e-government, (d) reward (reward) and punishment (punishment), (e) unqualified (WTP)and the Procurement Services Unit (ULP). The role of the Mayor of Medan to prevent andtake action against perpetrators of corruption in the city government of Medan are (a) facingthe principle of transparency in carrying out the functions and duties of office to preventcorrupt practices, (b) make an early warning program of prevention of corruption, (c) andnine steps to eradicate corruption. That support wider community both from the communityorganizations, businesses, and students are needed.
The Elimination of Constitutional Court's Authority in The Dispute Case of General Election of Regional Head (Analysis of Decision of the Constitutional Court Number 97/PUU-XI/2013) Jentel Chairnosia
Jurnal Cita Hukum Vol 5, No 2 (2017)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v5i2.7090

Abstract

The enactment of Law Number 32 Year 2004 is a manifestation of the development ofadvanced democracy, namely all local chief elected directly by the people except the positionof the Governor of Yogyakarta. However, in its development, the implementation of theGeneral Elections of Regional Head gave rise to dissatisfaction which resulted in the appealof the results of the General Election to the court for various reasons. The presence of theConstitutional Court as an institution that resolved the dispute over the General Election ofRegional Heads has not been able to provide justice to the public, especially the emergenceof many Constitutional Court rulings that cause debate. In its development, the ConstitutionalCourt abolished its authority in the settlement of disputes in the General Election of RegionalHeads as stipulated in Decision Number 97 / PUU-XI / 2013. The Constitutional Court is ofthe opinion that the Constitutional Court only has the authority to resolve election disputes ofDPR, DPD, President/Vice President because the election is done nationally, while theelection is conducted in certain areas only. In addition, the volume of incoming cases relatedto election disputes more than the law review case which is the main authority of theConstitutional Court, so that this can affect the quality of the decisions of the ConstitutionalCourt considering the dispute resolution of the results of the General Election should beterminated within fourteen days. DOI: 10.15408/jch.v5i2.7090

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