Jurnal Cita Hukum
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.
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<![CDATA[The Law Enforcement of Illegal Fishing in the Perspective of UNCLOS 1982: The Case of Illegal Fishing in the North Natuna Sea ]]>
<![CDATA[Gunawan, Yordan]]>;
<![CDATA[Amirullah, Muhammad Nur Rifqi]]>;
<![CDATA[Abdussalam, Muhammad Rafi]]>;
<![CDATA[Permana, Vensky Ghaniiyyu Putri]]>
<![CDATA[ Jurnal Cita Hukum Vol. 10 No. 3 (2022) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jch.v10i3.21770
<![CDATA[The potential for illegal fishing in Indonesia's marine areas is tremendous, especially in the exclusive economic zone of Indonesia, mainly in the North Natuna marine area. Following the rampant illegal fishing activities, policies on preventing and eradicating illegal fishing in the Republic of Indonesia are constantly debated both in theory and implementation. Illegal fishing activities are not only a problem for Indonesia but also a cross-border problem because the perpetrators come from across countries. Therefore, the handling of this problem must be cross-border, and the implementation of international law is necessary. By using normative legal research, the paper analyzed the law enforcement of illegal fishing by referring to UNCLOS as the basis of international maritime law to obtain legal certainty in illegal fishing in the Indonesian exclusive economic zone (EEZ), especially in the North Natuna Sea area. According to Article 73 paragraph (1) UNCLOS 1982, Indonesia can take action against illegal fishing perpetrators by using its own legal regulations because illegal fishing can interfere with the management rights of Indonesia's marine natural resources.]]>
<![CDATA[Ideal Double-Track System Construction for Narcotics Abusers in Indonesia ]]>
<![CDATA[Fajrin, Yaris Adhial]]>;
<![CDATA[Hapsari, Dwi Ratna Indri]]>;
<![CDATA[Aunuh, Nu’man]]>;
<![CDATA[Aprilia, Iga]]>
<![CDATA[ Jurnal Cita Hukum Vol. 10 No. 3 (2022) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jch.v10i3.22690
<![CDATA[Not only provide benefits for humans, but narcotic substances can also threaten a nation's life if the meaning is misused. There are various forms of narcotics abuse (which by Indonesia is categorized as a crime according to Law Number 35 the Year 2009), one of which is the act of using/consuming narcotics for own self against the law (illegal). The existence of narcotics abusers for themselves opens up opportunities for perpetrators to experience dependence on these substances, commonly referred to as narcotics addicts. The Indonesia Narcotics Law regulates two forms of sanctions for narcotics abusers for themselves, namely criminal sanctions and treatment sanctions in the form of Rehabilitation, which are accommodated in the double-track system model. Through normative legal research methods, this paper will provide an ideal description of the double-track system model in efforts to enforce criminal law for narcotics abusers in Indonesia so that the sentencing model can effectively solve the dependency problem experienced by perpetrators (narcotics addicts) who are in the process of committing crimes—Indonesian criminal justice.]]>
<![CDATA[Women, Peace, and Conflict; Increasing The Capability and Number of Indonesian Women Peacekeepers in the United Nations Interim Force in Lebanon (UNIFIL) ]]>
<![CDATA[Masyrofah, Masyrofah]]>;
<![CDATA[Lubis, Amany]]>
<![CDATA[ Jurnal Cita Hukum Vol. 10 No. 3 (2022) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jch.v10i3.24764
<![CDATA[This article analyses increasing the capability and number of Indonesian women's participation in the UNIFIL (United Nations Interim Force in Lebanon) and the approaches and strategies women peacekeepers used while on duty at UNIFIL. Based on Presidential Regulation No. 18/2014 concerning the protection and empowerment of women and children in social conflicts, in contrast to the fact that women's involvement in carrying out UNIFIL's peacekeeping mission is still weak, even though women have great potential in soft power. Women have different approaches to seeking peace between the two parties involved in the conflict or keeping the peace from disappearing. This research is qualitative with a statutory approach, peacebuilding, conflict resolution, international law, and politics—data collection techniques through interviews and literature studies. These study findings are evidence of Indonesia's success in world peace missions. Women peacekeepers in the Indonesian National Armed Forces have a role that cannot be replaced by other elements, considering the conflict field prioritizes the unique skills of the Women's Indonesian National Armed Forces and Women's Police. Apart from that, the unique socio-religious-cultural characteristics in the South Lebanese Region have a reasonably complex composition, including interfaith and intra-faith sensitivity, Sunni-Shi'a dimensions, and the Druze sect. The readiness of Indonesian women peacekeepers is in good condition and continues to increase the skill and strategy to keep peace worldwide. The potential of Indonesian women peacekeepers is an integral part of the Indonesian National Armed Force's mission. Namely, the ability for territorial development is a distinctive characteristic of the Indonesian National Armed Forces as a national army born in conditions of struggle. Its operational capabilities are closely related to raising support from the community in its area of operation.]]>
<![CDATA[Digital (Electronic) Democracy in Russia: Issues of Further Development ]]>
<![CDATA[Lolaeva, Albina]]>;
<![CDATA[Lebedeva, Margarita]]>;
<![CDATA[Matveeva, Natalya]]>;
<![CDATA[Nesmeianova, Irina]]>;
<![CDATA[Ocheredko, Victor]]>;
<![CDATA[Platonova, Svetlana]]>
<![CDATA[ Jurnal Cita Hukum Vol. 10 No. 3 (2022) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jch.v10i3.25473
<![CDATA[The study addresses the issues of further development of digital (electronic) democracy in Russia. Digitalization has penetrated all spheres of public life. The sphere of public administration is no exception. The authors provide various scientific interpretations of democracy as a form of exercise of state power, in which the individual is given maximum freedom to exercise their rights and freedoms and the ability to participate in the state's public life. The study employs general scientific and private scientific methods. The authors conclude that developing information and communication technologies will completely reorganise public administration systems. The advancement of scientific and technological progress makes it possible to implement the power of the people in various digital (electronic) forms. The construction of an electronic state is in full swing. To develop a highly advanced, sovereign, prosperous state, it is necessary to safely introduce the tools of digital (electronic) democracy into the country's political life.]]>
<![CDATA[Application of Digital Technologies in Law ]]>
<![CDATA[Grudtsina, Ludmila]]>;
<![CDATA[Guliyeva, Mehriban Elbrus kyzy]]>;
<![CDATA[Zhdanov, Sergei]]>;
<![CDATA[Sangadzhiev, Badma]]>;
<![CDATA[Shestak, Victor]]>
<![CDATA[ Jurnal Cita Hukum Vol. 10 No. 3 (2022) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jch.v10i3.26095
<![CDATA[The study's purpose is to examine the nature, concepts, and grounds for the use of various types of digital technologies in law, to concisely and clearly outline the systematized foundations of scientific knowledge on the application of digital technologies in regulation and legislation on the example of the Russian Federation, with the involvement of legislative practices of foreign countries. The deductive method was the primary method of the study, which allowed us to consider the nature and foundations, forms, and methods of using digital technologies in law and legislation. In addition, the inductive method, the practice of systemic scientific analysis, and comparative legal and historical methods were used. The top way underlying the solution to the issue is to study the legal foundations and features of using digital technologies in law. The study proves the unsolved theoretical problem of scientific understanding of the types and forms of application of digital technologies in law in the example of the Russian Federation and some countries of the world. The authors argue that digital technologies store much information, thereby simplifying the transaction system. It allows us to receive information quickly and, as a result, significantly save time and speed up the process of transferring data.]]>
<![CDATA[Shortcomings in the Legal System on Securities in Vietnam ]]>
<![CDATA[Vinh Hung, Nguyen]]>;
<![CDATA[Thinh, Tran Cong]]>;
<![CDATA[Hoi, Dao Xuan]]>
<![CDATA[ Jurnal Cita Hukum Vol. 10 No. 3 (2022) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jch.v10i3.26449
<![CDATA[Vietnam's stock market has overgrown and attracted an increasing number of investors. However, among various factors that affect the investors' participation, psychological ones play a crucial role. In more than 20 years of development, the legal system on securities in Vietnam has exposed several limitations and inadequacies that result in inefficient operation of the stock market and unsafely for domestic and foreign investors. Therefore, the Article will study the shortcomings of the legal system on securities of Vietnam and propose some solutions to ensure the safety of investors in Vietnam's stock market participation. To research the psychological factors of stock investment in Vietnam, the authors combine the method of collecting and analyzing information (data). The primary research method used in this Article is collecting secondary data from the collected data. In general, the paper synthesizes data from many sources of information that the author's team can obtain and continuously analyzes tests, compares, and evaluates to identify the fundamental problems for studying. In addition, to approach the research subjects, the Article also uses a combination of popular research methods of economic fields such as statistical method, comparative method, economic efficiency analysis method, and descriptive method to analyze, evaluate and forecast the psychological factors of securities investment affecting Vietnam's stock market. According to the results, authors have given two main groups of solutions: Dealing with inaccurate information that affects the transparency of the stock market; and building and perfecting Vietnam's securities legal system.]]>
<![CDATA[Administrative, Financial, Criminal-Legal and Theoretical-Methodological Aspects of Regulating Social Relations ]]>
<![CDATA[Leheza, Yevhen]]>;
<![CDATA[Korniakova, Tatiana]]>;
<![CDATA[Soldatkin, Igor]]>;
<![CDATA[Rozmosh, Vladyslav]]>;
<![CDATA[Opatsky, Roman]]>
<![CDATA[ Jurnal Cita Hukum Vol. 10 No. 3 (2022) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jch.v10i3.27809
<![CDATA[The purpose of the research is determined as theoretical, administrative, and civil law aspects of the regulation of social relations are defined. Main content. The article defines the means of social regulation, which include legal, moral, corporate, customs, etc. It has been proved that legal regulation of social relations is defined by the author as a purposeful action on people’s behavior and social relations with the help of legal (juridical) means. Methodology: The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, interpretation method, hermeneutic method, as well as methods of analysis and synthesis. Conclusions. It has been proved that since legal regulation is presented as social relations, legal regulation is determined by some objective and subjective factors. The following aspects of social relations have been resolved: level of economic development of the society; social structure of the community; level of maturity and stability of social relations; level of legal culture of citizens; level of certainty of the subject of social relations, means and methods of legal regulation etc.]]>
<![CDATA[Examining the Loopholes in the criminal justice system of Iran and Indonesia in relation to piracy crimes ]]>
<![CDATA[Rahmanian, Abdul Majid]]>;
<![CDATA[Talebpour, Mansour]]>;
<![CDATA[Raijian Asli, Mehrdad]]>
<![CDATA[ Jurnal Cita Hukum Vol. 10 No. 3 (2022) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jch.v10i3.27937
<![CDATA[Due to the chaos produced by piracy in Indonesia, Southeast Asian sea areas have become hazardous for ships. On the other hand, Iran's shortage of modern maritime laws has rendered it impossible to defend Iran's rights in the region's waters. This study seeks to investigate the piracy-related gaps in the Iranian and Indonesian criminal justice systems. Using an analytical-comparative methodology, this study examined the issue theoretically. The required data and information were gathered using the library method, books, and articles. According to the results of the investigations, the most significant common flaws in the maritime law of Iran and Indonesia are the lack of specialized maritime judges and experts, the disparity in the punishment of pirates, the lack of educational facilities regarding naval law, the lack of careful and appropriate attention to the maritime conventions, and the disparity in the punishment of pirates. Based on the results of the research, it is suggested that the navies of Iran and Indonesia hold joint courses for officers, particularly young officers, to cooperate in combating maritime terrorism and piracy and exchange information in order to combat naval terrorism and piracy, as well as train and trade marine science lawyers and judges.]]>
<![CDATA[Government Liability to Damages Due to Defective Provision of Health Services in Turkey ]]>
<![CDATA[Guloglu, Yavuz]]>;
<![CDATA[Yargıcı, Recep]]>
<![CDATA[ Jurnal Cita Hukum Vol. 10 No. 3 (2022) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jch.v10i3.28014
<![CDATA[Health service is one of the essential public services offered by the Administration with a very comprehensive and expansive staff, and due to the comprehensive nature of the service provided and the fact that the beneficiaries of the service constitute almost every segment of society, many different appearances of defect that may include the compensation responsibility of the Administration may arise. Therefore, the study is mainly about the service defect and the compensation responsibility of the Administration in providing health services within the scope of the responsibility of the Administration based on service defect. In the study, the concept of the responsibility of the Administration and the concepts of defect liability and strict liability, which are the types of responsibility of the Administration, will be discussed first. All will examine the conditions of the responsibility of the Administration. Then, the concept of service defects and the different appearances of service defects, such as poor service, late service, non-operational service, and severe service defect, will be examined. Finally, the service defects specific to health services, which constitute the main framework of the study, will be discussed in light of the decisions of the Council of State on this issue.]]>
<![CDATA[Existence of customary law in Indonesian criminal law ]]>
<![CDATA[Helmi, Muhammad Ishar]]>;
<![CDATA[Pujiyono, Pujiyono]]>;
<![CDATA[Zada, Khamami]]>
<![CDATA[ Jurnal Cita Hukum Vol. 10 No. 3 (2022) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jch.v10i3.29829
<![CDATA[Currently, the scope and regulation of the criminal law system which only recognizes written law is deemed unable to accommodate the various legal needs of indigenous peoples who are still alive today. This is due to the principle of legality of criminal acts which is oriented towards individual-liberalism, not the plurality of society. Therefore, recognizing acts that violate customary law within the framework of the national legal system is considered appropriate in meeting the legal plurality needs of indigenous communities. The rigidity and arrogance of the current legalistic view of criminal law is no longer able to respond to plurality and a sense of justice, especially for customary law communities, because the reality of indigenous people's lives shows that there are countless customary law provisions outside of the law, which continue to live and are obeyed in every vein. community group members. The research method used in this study is a normative legal research method with a socio legal research approach. The socio-legal approach is intended as an approach in legal research that is focused on studying legal phenomena from the perspective of social sciences. The research results state that the position of traditional justice institutions is actually in a state of existence and absence, on the one hand it is not recognized by the Indonesian positive legal system but there are practices of these traditional justice institutions. However, cases decided based on customary law can still be found in a very limited number of cases.]]>
