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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. 10 No. 2 (2022)" : 12 Documents clear
The Legal Aspects of Privatization in Electricity Business Sector Hidayatulloh, Hidayatulloh; Erdős, Éva
Jurnal Cita Hukum Vol. 10 No. 2 (2022)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v10i2.23540

Abstract

Privatization is a crucial issue for third-world countries such as Indonesia. In the electricity sector, which is the lifeblood of the community, the involvement of the private sector is a crucial concern. Two judicial reviews of the electricity law in 2003 and 2015 proved the significant issue of privatization in electricity. This study analyzes how the state regulates the privatization policy of the electricity sector in Indonesia. This study, a normative or doctrinal legal research model, explores electricity regulations and doctrines such as Laws Number 20 of 2002 and Number 30 of 2009, Law Number 11 of 2020 on Job Creation, and two decisions of the Constitutional Court number 001-021-022/PUU-I/2003 and 111/PUU-XIII/2015. In conclusion, this study explains that Indonesia allows the privatization of the electricity sector throughout the role of private companies is still under state control. Privatization, which is a reduction in the role of the state and an increase in the role of the private sector, has been well implemented by state-owned enterprises, including the electricity sector. Both decisions of the Constitutional Court emphasize the strong role of the state and become the majority in controlling the electricity business, but do not reject the role of the private sector. Furthermore, state-owned enterprises have a top priority as a provider of electricity for the community.
National Digital Currency Issuance Under Vietnamese Law The Giang, Vien
Jurnal Cita Hukum Vol. 10 No. 2 (2022)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v10i2.24009

Abstract

The article analyzes the current situation and debates about the digital currencies issued by central bank. The results show that only a few countries have issued the central bank digital currencies, the rest of the countries have begun to have institutional orientations for research on issuing and using the central bank digital currency. The strengths that lead to the central bank's choice of research and issuance of digital currency are a high level of security, convenience for money control in circulation, and the stable value guaranteed by the state, thereby contributing to the promotion of non-cash payments. In the context of accelerating the economy digitization, including digital banking, and promoting the cash payments, Vietnam has had an orientation to research mechanisms, policies and laws for the issuance of national digital currency. In order to do this, in addition to reviewing, amending and supplementing the Law on the State Bank of Vietnam related to currency issuance, it is also necessary to prepare fully the technical infrastructure system.
Media Literacy and Fake News: Bangladesh Perspective Muzykant, Valerii L; Hossain, Barek; Muqsith, Munadhil abdul; Fatima, Mobassera Jahan
Jurnal Cita Hukum Vol. 10 No. 2 (2022)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v10i2.25921

Abstract

Social media have become an integral element of modern life. Internet accessibility has boosted the public's engagement in computer-controlled official and informal activities. However, many information sources contain unsupported, inaccurate, and erroneous material. In this circumstance, media literacy is a significant phenomenon in developing and non-developing nations. Due to the misuse of social media and lack of media literacy in Bangladesh, some unexpected communal acts of violence happened during the past decade. This study intends to emphasize, from a Bangladeshi viewpoint, the significance of media literacy in reducing rumors, misinformation, disinformation, and fake news. Using descriptive research methodologies, more than forty secondary data sources from Bengali, English, Russian, Indonesian, and Turkish literature, such as research papers, reports, news stories, publications, books, and theses, have been examined. In order to combat misinformation, rumors, fake news, and yellow journalism in developing nations like Bangladesh, where literacy rates are still low, it is imperative to increase media literacy levels. In this regard, governments and non-governmental groups should work collaboratively to fix the deficiencies in this process.
Legal Foundations and Comparative Analysis of Early Childhood Education Practices in The Turkish World KOL, Suat; TUNÇELİ, Hilal İlknur
Jurnal Cita Hukum Vol. 10 No. 2 (2022)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v10i2.26237

Abstract

Early childhood education is a very important period for the education and development of the child. Many critical stages in the mental, physical and spiritual development of the child take place in this period. In addition, the gains to be obtained in this period form the basis of the child's education and academic development. Today, while the prevalence of early childhood education is close to 100% in many developed countries, this is not at the desired level in the countries that make up the Turkish World. The aim of this study is to examine the early childhood education in a comprehensive manner in independent Turkish states. In this context, as working group; Azerbaijan, Kazakhstan, Kyrgyzstan, Cyprus, Turkey, and Uzbekistan's document analysis related to early childhood education was carried out adhering to the title specified in the data collection tool. Historical analysis, one of the qualitative research methods, was used in the study. According to the data obtained; The prevalence ratio of pre-school education is the most in Turkey with 45.4%, and the least in Uzbekistan with 23.8%. It is seen that while the start of early childhood education in Turkish Republic of Northern Cyprus (TRNC) and Turkey dates back to primary school, it begins in the early 1900s in other countries. Age classification varies in every country and the education is carried out through this classification in the early childhood education institutions. When the teacher training programs are considered, the teaching profession is acquired through undergraduate education in all countries. However, the right to teach is given in 2-4 years in Azerbaijan, 3-5 years in Kyrgyzstan and in 4 years and 4+1 supplementary training in Kazakhstan, TRNC and Turkey.
Digital Account as a Heritage of Law In Indonesia Nahrowi, Nahrowi; Pratama, Apriyadi Romadon; Masyrofah, Masyrofah; A'dam, Syahrul
Jurnal Cita Hukum Vol. 10 No. 2 (2022)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v10i2.26447

Abstract

This study aims to analyze digital accounts, which have now become an inseparable part of life in the modern world, so that their existence is undoubtedly a necessity for society in general, both for primary, secondary and entertainment purposes as well as career and business support in the digital world, etc. This research is qualitative in the field of law, with a normative juridical approach. The findings in the study, namely a review of legal progress toward digital accounts, show that the existence of digital versions can answer the material status of digital accounts, which indicates the needs and demands of the community are part of progressive law on social causes in the community. Based on the legal provisions, digital accounts can be categorized into Inheritance, as inheritance items that will be divided among the heirs, but this does not apply to all accounts; there are several criteria for accounts that can become Inheritance, which means that digital accounts should now be included in the legacy, this also shows that progressive law flows, flexible and can realize the benefit of society.
The Construction of Religious Court Judges' Decisions in the Case of Joint Assets Based on Islamic Law and Legal Development Rais, Isnawati; Muyassar, Ya Rakha
Jurnal Cita Hukum Vol. 10 No. 2 (2022)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v10i2.27800

Abstract

In deciding joint property cases, religious court judges apply the provisions of Article 97 of the KHI with the division of 1/2–1/2 part of joint assets. However, in the decision No. 70/Pdt.G/2002/PA.Mrk, No. 330/Pdt.G/2004/PA.Tgrs, and No. 278/Pdt.G/2005/PA.Bkt, the judge of the religious court did not make a decision based on this provision. The Merauke PA decides the joint property case in a 4/10–6/10 division, the Tigaraksa PA 20%-80%, and the Bukittinggi PA 1/4–3/4. This study looks at the considerations and perceptions of the religious court judges in deciding joint property cases. The method used in this research is normative juridical which is qualitative in nature, using a comparative approach. As a result, the panel of judges in the 3 religious courts deviated from the applicable legal provisions, considering several factors. There are 5 factors that are considered by the panel of judges in deciding joint property cases, including: contribution factors, legal arguments, a sense of justice, legal arguments, origins of joint assets, and contextual understanding of a legal provision.
Criminal Liability of the Curator for Illegal Acts in the Independence Principle Aprita, Serlika; Wulandari, Mona; Qosim, Sarah
Jurnal Cita Hukum Vol. 10 No. 2 (2022)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v10i2.27801

Abstract

An entity or individual bankruptcy statement can occur if the debtor fulfills the elements of bankruptcy where the application is submitted to the commercial court by an advocate. The appointment of a curator in one of the contents of a commercial court decision will determine a person or more curators who originate at the request of the bankruptcy applicant, either by the creditor applicant or the debtor applicant himself. This study aims to determine the form and mechanism of the curator's criminal liability to the law based on the principle of independence in managing and settling bankrupt assets. This study uses a prescriptive normative legal research method with a statutory approach. The results of the study state that the recommendation of a curator by the bankruptcy applicant will tend to have a conflict of interest if there is no independent curator in carrying out the obligations mandated to him in Article 15, paragraph (3) of the PKPU UUK. The applicable criminal threat remains based on the source of criminal law in force in Indonesia following the actions of the curator as an individual who is not immune to the law.
Legal Policy on the National Education System In Influencing Worker Productivity in Indonesia Aji, Rizqon Halal Syah; Syaukani, Mohd Nasir Mohd; Panjaitan, Mangasi; Rezki, Annissa
Jurnal Cita Hukum Vol. 10 No. 2 (2022)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v10i2.27802

Abstract

Human resource investment significantly impacts the economic growth and development of a nation, including Indonesia. It is believed that education expenditures affect worker productivity in Indonesia. Theoretically, education expenditures will contribute to an improvement in worker productivity. Several factors, including a comparison of the competitiveness of domestic workers to the competitiveness of international workers, can be used to determine the effect of education investment on the rise in worker productivity. Empirically, productivity is a function of worker skills. The quantity of a worker's salary might be used to gauge their competitiveness and productivity. At the national level, it is simple to identify the productivity of various economic sectors, such as agriculture, services, and manufacturing. Due to the lack of trained people required by the labour market, conditions in Indonesia have prevented the three sectors mentioned above from achieving their full potential for productivity growth. This condition directly manifests some concerns, notably Indonesia's investment in education and worker productivity, which impacts economic growth. This study employs qualitative research methodologies of the normative research type. This study's research objectives will be satisfied by the study model. This study will answer how education investment affects worker productivity in Indonesia. The study's findings indicate that it is not accurate to assert that the education policy in Indonesia has a good effect on enhancing workers' abilities. Therefore, the issue of worker productivity must still be handled seriously to compete with workers from other nations.
Динамика религиозного экстремизма в России в богословских, правовых и психологических подходах к социальной и личностной; Dynamics of Religious Extremism In Russia In Theological, Legal and Psychological Approaches to Social and Personal Maulana, Amy; Buana, Dana Riksa; Magomedovich, Abdulaev Ibragimgadzhi
Jurnal Cita Hukum Vol. 10 No. 2 (2022)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v10i2.27803

Abstract

After the collapse of the Soviet Union in the post-Soviet era, a spiritual vacuum was formed in the conditions of deterioration of the political and economic situation. In the North Caucasus region, during the formation of the Russian state, it was quickly filled with religion: Wahhabism emerged, spread and increasingly declared itself religious extremism. Several terrorist attacks have occurred not only in the North Caucasus, but also in several Russian cities. This article describes the dynamics of religious extremism in Russia from the point of view of the theological, legal and psychological approach to social and personal. With regard to the soft approach, Russia can implement programs of deradicalization and counter-radicalization. In this regard, Russia may create a National Agency for Combating Terrorism and launch a deradicalization project and create a Deradicalization Center for convicted terrorists. Efforts to prevent the development of religious extremism in Russia are being undertaken not only with a legal approach, but also with a theological approach, since it is connected with Islamic concepts.
The Influence of International and Islamic Law on Labor Laws in Indonesia and Morocco Maksum, Muhammad; Afiyanah, Yayuk
Jurnal Cita Hukum Vol. 10 No. 2 (2022)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v10i2.27804

Abstract

Work agreements between workers and employers form the basis for determining rights and obligations. Employment agreements are influenced by the laws governing a country and its historical experience. This study aims to analyze the influence of international and Islamic law on labor law in two countries, both Indonesia and Morocco. The research method used is a qualitative research method with a comparative approach. The results of the study stated that by comparing the provisions of work agreements from three sources of law, namely Indonesian, Moroccan, and Islamic law, it was found that international law had an effect on national law. Islamic law has little effect on work agreements. The influence of Islamic law is found more in Moroccan regulations than in Indonesian regulations. Several different concepts regulated in the source of law include the concept of work agreements, restrictions on the age of children who can enter into work relationships, the object or work employed, and the designation of work areas. This research has implications for the openness of international work transactions or the acceptance of foreign workers due to the same arrangement although with certain restrictions according to a country's policy.

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