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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 12 Documents
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Search results for , issue "Vol. 11 No. 3 (2023)" : 12 Documents clear
Discrepancy in the legislative regulations governing the education of advocates in Indonesia Nurhasanah, Nurhasanah; Sayuti, Sayuti; Idriz, Mesut
Jurnal Cita Hukum Vol. 11 No. 3 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i3.25988

Abstract

This paper aims to describe the legal confusion that arose after the Minister of Research and Technology of Higher Education Regulation No. 5 of 2019 on the Advocate Professional Program was passed. One of the clauses in this regulation has stipulated that the Advocate Education Program is organized by a tertiary institution that has the accreditation value “B” and collaborates with advocate organizations while the Constitutional Court Decision stipulates that Advocate Professional Special Education is organized by Advocate Organizations in collaboration with tertiary institutions that have the accreditation value “B”. In addition, the factors that cause the legal confusion and how it affects the advocate education after disharmony are also the focus of this article. To reveal the various legal perceptions related to this theme, the author uses a qualitative method with a juridical normative approach. The data and information can be had by data of library and the several articles related to up-to-date themes in Indonesia. The conclusion in the article is that the legal chaos that occurred was caused by the factor of sectoral ego, the law-making factor, the weakness of Legal education, and the accountability of Advocate Education Financing. second, the implementation of advocate education had not yet had the formulation and standards, both for the Ministry of Research, Technology and Higher Education, that it is all legal education in tertiary institutions and for the various advocate organizations. To anticipate the four issues that have been discussed, it is deemed necessary to conduct legal deliberations in providing win-win solutions.
Resolving Hibah Disputes Involving Shared Property Nasution, Hotnidah; Muchtar, Ahmad Rifqi
Jurnal Cita Hukum Vol. 11 No. 3 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i2.29762

Abstract

In the Islamic legal context, hibah has both worship and economic aspects. However, its practice often leads to problems when one or more terms determined by Islamic teachings are ignored. Among the violations in grant practice is granting hibah from property not fully owned by grantor. This paper aims to examine issues in resolving disputes on hibah (property granting) involving a shared property owned by a husband and wife. This study focuses on the examination of two judicial verdicts issued by the Religious Court (Verdict No.354 /Pdt.G/2022/PA.Pt) and the Appellate Religious Court (Verdict No. 222/Pdt.G/2022/PTA. SMG) on hibah dispute where hibah property contains shared property. This study finds that there are two approaches used by the judges in dealing with the issue. First, in the first instance court considered hibah void and revoked hibah. Similarly, the appellate court annulled hibah transaction but considered some part of the property to be rightful for grant. This is because hibah is taken from the property owned by grantor, which has been separated by his wife's property.
Realizing Restorative Justice Through Rehabilitation For Narcotics Abuse As An Implementation Of The Principle Of Dominus Litis Kania, Dede; Anggraeniko, Litya Surisdani
Jurnal Cita Hukum Vol. 11 No. 3 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i3.34756

Abstract

Rehabilitation is one form of restorative justice in Indonesia's criminal justice system. The rehabilitation practice is also able to reach drug abusers. The condition of correctional institutions that are overcapacity is the reason for the importance of alternative punishment for narcotics cases. On the other hand, narcotics are the category of victimless crimes, so the victims and perpetrators must be protected to reduce other impacts. This research uses the juridical-normative method by studying legislation and principles of criminal law. The results represent that the prosecutor's office has an important role in realising restorative justice in drug cases based on the dominus Litis principle. The use of rehabilitation is limited to drug abusers who commit criminal acts against themselves. It is still necessary to reorient the policy of terminating cases of narcotics abuse by the prosecutor's office so that the implementation of rehabilitation is truly compatible with the principle of victim protection in punishment.
Crime in Ukraine in Conditions of Martial Law Bohatyrova, Olha; Yurchyshyn, Vasyl; Buriak, Kateryna; Mykhalik, Oleksandr; Marchuk, Valerii
Jurnal Cita Hukum Vol. 11 No. 3 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i3.35788

Abstract

The article examines criminality in Ukraine in conditions of martial law. It has been proven that crime is a social phenomenon that cannot exist outside the social environment because it manifests itself in crimes and criminal misdemeanors of a certain part of society’s members. Substantiated is opinion that crime with its ideology, dynamics, and geography causes globalization processes that change, improve or worsen people’s lives, their rights and freedoms, which are undoubtedly related to many objective and subjective factors of society development. An analysis of modern concepts presented in works of domestic scientists has been carried out. The author’s definition of crime in conditions of martial law has been formulated and its main features has been revealedKeywords: Administrative-Legal Aspect, Environmental Aspect, Decentralization, Customs Aspect, Public Authority, Local Self-Government, Social Aspect.
Chemical Castration Punishment Sanctions for Pedophilia Perpetrators in Indonesia Burhanudin, Burhanudin
Jurnal Cita Hukum Vol. 11 No. 3 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i3.36025

Abstract

Chemical castration is an additional sanction for the criminal act of pedophilia contained in Law Number 17 of 2016 and Government Regulation Number 70 of 2020 as its implementing regulations. It is hoped that chemical castration will have a deterrent effect on pedophiles and can reduce the rate of sexual crimes in the future. However, on the other hand, chemical castration sanctions are considered a form of human rights violation. In Islamic law, the punishment of castration is based on al-maslahah, then the punishment of castration is recommended, whereas if it is based on al-maqassid as-syar-iyyah then the punishment of castration is not justified. The research method used is a normative juridical qualitative method with a statutory approach and a literature approach. The data sources used are secondary data in the form of child protection laws and implementing regulations, namely Government Regulation Number 70 of 2020. The results of the research state that the implementation of chemical castration sanctions is contrary to human rights and is not recommended in Islamic law because it can use criminal sanctions that are other.
Development of the Institution of Administrative-Territorial Structure of the Russian Federation Belyavskiy, Dmitriy; Mukhachev, Igor; Tereshchenko, Nikolay; Pogozheva, Olga; Strutinskaya, Tatyana; Avanesova, Anna
Jurnal Cita Hukum Vol. 11 No. 3 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i3.36083

Abstract

The purpose of this article is to investigate the problems of the administrative-territorial structure of the Russian Federation. The study reviews the work of leading researchers in the field of constitutional law and deals with regional aspects of the problem based on the example of the Stavropol Territory. The research method used is a qualitative research method by adopting a comprehensive research approach to investigate challenges related to the administrative-territorial structure in Russia, with a special focus on the Stavropa Region. The results of the study indicate that adequate federal legal requirements regarding the status of Caucasus Mineral Water have not been provided.
Role of the doctrine of legal customs in the formation of European law in the Middle Ages Komnatnaya, Yulia; Miroshnikov, Evgeny; Saveleva, Irina; Bidova, Bela; Boltenkova, Yulia
Jurnal Cita Hukum Vol. 11 No. 3 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i3.36084

Abstract

The purpose of this article is to analyze the medieval legal doctrine of legal customs as a source of law. The author uses comprehensive historical analysis based on traditional scientific cognition methods for jurisprudence, such as analysis, synthesis, deduction, and induction. The issues of the correlation of legal custom and law in Europe in various periods of the Middle Ages, the influence of customary law on the formation and development of substantive and procedural law, as well as the formation of civil and commercial legislation in European countries, are discussed. The research method used is a qualitative research method with a literature and legislation approach. The research results state that understanding of custom developed during the Middle Ages, leading to its recognition as an independent source of law on a par with statutory regulations.
Electronic Judicial Procedure as an Element of Access to Justice Regarding Protection of Rights of Individuals: Legal, administrative, Theoretical and Informational Aspects Kulinich, Olha; Leheza, Yevhen; Zadyraka, Nataliia; Taranenko, Kseniia; Kostiuk, Tetiana
Jurnal Cita Hukum Vol. 11 No. 3 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i3.36298

Abstract

The purpose of the research is to consider electronic judicial procedure as an element of access to justice regarding protection of rights of individuals. Main content. It has been established that that certain elements of digitalization of social processes change the social space and, in particular, the mechanisms of judicial proceedings. In the process of the development of society, certain factors came to life and these factors led to the growth of the role of information, and therefore to a clearer allocation of the information function in the field of jurisprudence. Development of society and science requires introduction of new technologies into the judicial system of Ukraine. 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. The following conclusion was made that the need to use information technologies in the judiciary is due to the global informatization of the modern society, the development of new forms of interaction in the civil sphere with the use of electronic means of communication: the global Internet, mobile and satellite communication systems, etc. “Electronic justice” involves the use of information and communication technologies in the process of implementing procedural legislation. The novelties of the judicial system are aimed at expanding accessibility of justice in conditions of territorial peculiarities of the Ukrainian state, improving the quality of the process and efficiency, achieving transparency and openness of the judicial system.Key words: electronic judicial procedure, access, justice, protection, rights of individuals.
Endowment Sukuk (Shares) to Finance Scientific Services in Universities (A Comparative law Study) Eid Bleek, Adel Abdel-Fadel
Jurnal Cita Hukum Vol. 11 No. 3 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i3.36560

Abstract

The endowment was one of the most important means of scientific, intellectual and cultural progress for the Islamic countries throughout the years of our civilization; as it contributed to building the edifices of science and culture, and publishing them through mosques, schools, institutes and libraries. A large group of scholars, innovators, and researchers graduated from these endowment scientific institutions in various branches of human and cultural knowledge. Today, the endowment plays a prominent leading role in the scientific renaissance and knowledge advancement in the Islamic society. Also, many universities in Islamic and non-Islamic countries rely on the endowment to finance their scientific and research activities, and to raise the level of their research, researchers, and graduates. This study aims to clarify the importance of endowment Sukuk to provide cash liquidity for educational services, and to provide the necessary tools for these services, and the possibility of providing scientific competencies specialized in the various fields of teaching and scientific research, to contribute to scientific and social progress. This research study also combines the deductive and inductive approaches, in addition to following the comparative jurisprudential research methodology, by studying, analyzing and deducing in the light of the writings of scholars and researchers.
Indian Judiciary on Domestic Violence: Decoding Recent Trend Yadav, Maneesh; Sahil, Gurudev; Yadav, Pratistha; Goel, Ayush
Jurnal Cita Hukum Vol. 11 No. 3 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i3.36653

Abstract

The stark malignancy of domestic violence which is also referred as intimate partner violence on the state of women hood can be determined by the prevalence of it in the present society. It bears to push women to the brink and fringes of deemed societal ladders.  The brunt of domestic violence lead to exploitation of women be it in the form of physical or be it mental and occurs chiefly in their matrimonial homes. The detrimental effect of this abuse and exploitation regrettably imprints itself not only on the suffering females but to the entire family including children which in turn causes monetary, health and societal issue and concerns.  What separates domestic violence from other crimes and abuses is that in Domestic violence there is familial interrelatedness and hence the victim is a known of the complainant. In contrast to the modern trends of raising the bar of rights for women the domestic violence is considered as a major road block and its waning as precursor for the society to bring female rights at par. However, on the other spectrum an alarming fact has been observed by the judiciary about the registration of sham cases against the husband or his family members or both for the purposes of harassment or extorting money. To carry off the said object the complaints are registered by overstating the facts, by addition of conjectures, overplaying the financial conditions of the husband or his family and misrepresenting relevant facts and materials. The supreme court opined in Rajesh Sharma v. State of U.P. that the bulk of the cases are filed impetuously and over trifling matters.   To comprehend the say of Indian judiciary on instances of false domestic violence and sham complaints registered by the complainant, secondary data-based research is conducted. Landmark Judgement from the apex court and different High Courts are also analyzed. Endeavor has been made to appreciate the liabilities and legal rights of both the parties in the cases of intimate partner violence which is perpetrated towards one another.

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