cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Nur Rohim Yunus
Contact Email
jurnal.citahukum@uinjkt.ac.id
Phone
+6281384795000
Journal Mail Official
jurnal.citahukum@uinjkt.ac.id
Editorial Address
Jl. Ir. H. Juanda No. 95 Ciputat 15411
Location
Kota tangerang selatan,
Banten
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 15 Documents
 1   2 
Search results for , issue "Vol. 12 No. 1 (2024)" : 15 Documents clear
Judge's arguments in decisions involving Sharia economic disputes in the regional religious courts of Jakarta, 2015–2022. Rahman, Faqih Zuhdi; Siradj, Mustolih; Asadurrahman, Asadurrahman
Jurnal Cita Hukum Vol. 12 No. 1 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i1.35955

Abstract

Judges must be capable of settling sharia economic issues without departing from accepted sharia principles. When weighing each decision, the judge takes into account the DSN-MUI Fatwa, which serves as a manual and a mechanism for the implementation of sharia economic activities in Indonesia, as well as KHES, which serves as the primary legal framework for religious courts handling sharia economic disputes. This study intends to map the judges' arguments in sharia economic issues and explain how the National Sharia Council-Indonesian Ulema Council (DSN-MUI) Fatwa and the Compilation of Sharia Economic Law (KHES) are applied in Religious Court rulings involving sharia economic disputes. A qualitative approach is applied in the study methodology, which is normative legal research. The study's findings demonstrate that the judges' arguments in sharia economic matters in the Jakarta Regional Religious Court jurisdiction reflect their own viewpoints. The judge's arguments in the five Religious Courts in the Jakarta region frequently reference the Civil Code for legal justifications. The DSN-MUI Fatwa and KHES must be applied as effectively as possible. The use of KHES is only used in specific articles, namely using Articles 36 and 38 of the Compilation of Sharia Economic Law and the DSN-MUI Fatwa, which is mostly used in matters of compensation or ta'widh or sanctions for customers who are unable to fulfill their obligations, according to an analysis of sharia economic case decisions at the Jakarta Regional Religious Court.
Restitution as a Prerequisite for Case Termination: Analyzing Conditional Exoneration in Russian Criminal Procedure Grinenko, Aleksandr; Ivanov, Dmitriy; Kleshchina, Elena; Alyshkin, Vladislav; Bezryadin, Viktor
Jurnal Cita Hukum Vol. 12 No. 1 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i1.37741

Abstract

In this scholarly article, the researchers methodically examine the protocols involved in discontinuing criminal cases through the conciliation of the involved parties, as well as ceasing criminal prosecution on the grounds of active contrition, contingent upon the pivotal requirement of recompensing the damage inflicted by the criminal act. The study substantiates that the investigator, or the individual responsible for the preliminary inquiry, bears the mandatory duty to ascertain, via investigative measures, that the injury wrought by the criminal offence has been comprehensively redressed. The authors delineate that the transcript of the victim's interrogation is the most prevalent procedural document, signifying that the conciliation procedures are mutually satisfactory, voluntary, and indicative of the parties' willingness and preparedness to reconcile. Conclusively, the authors infer that exemption from criminal accountability and the consequent cessation of the criminal case, predicated upon reconciliation or earnest remorse, is contingent upon the substantiated evidence of actual compensation for the harm engendered by the criminally punishable deed.
Impact of the Digital Transformation of Society on the Determination of Optimal Punishment Models to Counter Crime Krainova, Nadezhda; Gaag, Irina; Poshivailova, Anna
Jurnal Cita Hukum Vol. 12 No. 1 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i1.37743

Abstract

This study aims to define the essence of punishment from both retrospective and prospective perspectives, particularly in the context of the digital transformation of society. The study draws on qualitative methods, including a comprehensive analysis of contemporary scientific literature and expert interviews, to examine the evolving nature of punishment. The analysis is grounded in the views of prominent researchers and theorists, allowing the authors to develop their theoretical provisions regarding the moral nature of punishment. These provisions emphasize the importance of maintaining the human element in the penal system, arguing that the moral judgment inherent in punishment should not be entirely entrusted to digital instruments or artificial intelligence. Instead, the study advocates for a balanced approach that recognizes the potential of digital tools to enhance efficiency while cautioning against their excessive use in penological practice. Furthermore, the study highlights probation techniques as a key means of individualized crime prevention, suggesting that these techniques should remain central to the penal system in an era of digital transformation. By focusing on the human capacity for moral judgment and individualized prevention, the study proposes that the role of digital tools should be supplementary rather than central. In conclusion, the study recommends that legislators and practitioners prioritize the preservation of human judgment in punishment practices, using digital tools cautiously and ensuring that they do not undermine the moral and individualized aspects of justice. The findings suggest a need for further research into the ethical implications of digitalization in criminal justice, particularly regarding the balance between human and digital roles in punishment.
The Rights of Leave of Absence of Civil Servants Bucaktepe, Adil
Jurnal Cita Hukum Vol. 12 No. 1 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i1.37929

Abstract

Civil officials have several rights conferred by the Constitution as well as by laws and regulations to facilitate the successful execution of their responsibilities. These rights encompass the entitlement to the appointment, provision of service and security, retirement, resignation, the ability to initiate a complaint or legal action, the formation of a trade union, collective bargaining, leave from employment, special considerations in prosecution and trial, protection against accusations and defamation, as well as the right to remuneration and travel expenses. This paper will succinctly examine the overarching rights of federal servants and will thoroughly analyze the "right to leave." Article 50 of the Constitution of the Republic of Turkey ensures employees' entitlement to a day off, while statutory regulations govern paid weekly and annual leave as well as official holidays. Furthermore, Article 23 of the Government Servants Law No. 657 mandates that government servants are entitled to leave under conditions and durations prescribed by law, enabling them to take leave for rest or other purposes. Within this framework, the legislation governs five types of leave: yearly leave, special leave, sick leave, compassionate leave, and unpaid leave. This study employs a qualitative methodology encompassing two primary approaches: a literature review and a legal analysis. The literature review is conducted by examining several academic sources, books, and journals pertinent to the rights of civil servants, particularly the right to quit. This analysis examines the evolution of leave-related rules and regulations across various international contexts and their implementation in Turkey. The legal framework is employed to examine the statutes and regulations pertaining to the rights of government servants in Turkey, encompassing Article 50 of the Constitution and Law No. 657. This article assesses the alignment between legal theory and practice on the right to leave. The study's findings indicate that, despite the legal promise of leave for federal personnel, its execution frequently encounters challenges, particularly concerning the duration and requisite administrative conditions. This paper presents an extensive analysis of government servants' leave rights in Turkey and proposes enhancements for the execution of this right to promote equity and well-being among civil servants.
Analysis of the DPR's Position in the Process of Forming Islamic Law in Indonesia Based on Taqnin Theory Arsadani, Qosim; Andriyani, Elisa Eka
Jurnal Cita Hukum Vol. 12 No. 1 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i1.38590

Abstract

This article explores the role of Indonesia's People's Representative Council (DPR) in shaping Islamic law, employing the Taqnin theory as a guiding framework. Taqnin theory is a crucial conceptual tool in understanding how the DPR contributes to crafting legislation aligning with Islamic principles. Beyond its legislative function, the DPR serves as an interpreter of religious precepts, navigating the intersection between Islamic values and societal needs. By applying Taqnin Theory, the DPR crafts laws in line with Islamic teachings and ensures their relevance within evolving social contexts. The analysis underscores the DPR's role in formulating laws reflecting Islamic values while considering formal legal, moral, and ethical dimensions inherent in Islamic teachings. This process illustrates the active engagement of the DPR in crafting laws that not only address religious imperatives but also respond to social exigencies and communal values. Despite the constructive guidance provided by Taqnin Theory, the article also addresses challenges in its implementation, such as interpretational disparities, community resistance, and political dynamics shaping Islamic law formation in Indonesia. As outlined in the article, the historical trajectory of Islamic law legislation in Indonesia offers insight into its evolution from the colonial era to its integration into the national legal framework. By examining the status of Islamic law in Indonesia, the article delineates the dynamics of a legal system comprising national and customary laws. While Islamic law significantly influences domains such as marriage, inheritance, and Sharia-compliant financial institutions, the foundational principles of Pancasila embody a state ethos characterised by inclusivity and tolerance towards religious and cultural diversity. Moreover, the article underscores the positive legal outcomes of applying Taqnin, underscoring its significance in understanding the process of Islamic law formation in Indonesia.
Protection of the Rights, Freedoms and Interests of Ukrainian Citizens in Court Proceedings During the War Kyrychenko, Yurii; Kurakin, Oleksandr; Kyrychenko, Viktor; Nazarenko, Pavlo; Baieva, Liliia
Jurnal Cita Hukum Vol. 12 No. 1 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i1.38591

Abstract

The article aims to reveal access to justice during wartime in cases related to protecting citizens' rights, freedoms and interests. Active hostilities are taking place in most regions of Ukraine, making it impossible to deliver justice in administrative courts. However, the High Council of Justice has resolved this issue properly, so access to justice in Ukraine during wartime in cases related to protecting citizens' rights, freedoms and interests is currently possible following the Constitution of Ukraine. Courts are obliged to administer justice even under martial law, and their powers are not suspended. To ensure access to the Court, the Supreme Court changed the territorial jurisdiction of about one hundred courts in Ukraine. In connection with the introduction of martial law in Ukraine, all procedural terms shall be renewed, consideration of cases shall not be stopped, and excessive formalism on the part of judges shall not allowed. The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, interpretation method, hermeneutic method, and methods of analysis and synthesis. The article analyzes the Decision of the ECtHR, and based on this, the author concludes that the ECtHR considers financial costs as an obstacle to accessing justice. Access to Court is adequate only when a person will have a real opportunity to challenge wrongful actions in practice. According to the ECtHR, the construction of Article 6 of the Convention is effective only if the case is considered in Court. The ECtHR singles out the right to access the Court as a component of the right to a fair trial. Attention is drawn to the fact that courts must take all measures to restore violated rights.
Legal Regulation of Ensuring Human Rights in Ukraine During The Introduction of Martial Law: Constitutional, Administrative and Theoretical Aspects Kantor, Nataliia; Ivantsova, Zoia; Darahan, Valerii; Velkov, Anatolii; Andreiev, Dmytro
Jurnal Cita Hukum Vol. 12 No. 1 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i1.38634

Abstract

The purpose of the article is to reveal the provision of human rights in Ukraine under the conditions of martial law. Human rights and freedoms are the highest value, but their characteristic feature, as a fundamentally important feature of a progressive society, consists in historical instability, variability and subordination to socio-economic processes in the state, which contradicts the established principles of humanism but remains typical in war conditions. Within the scope of the scientific study, it was determined that human rights have a characteristic of evolution together with society and the state, and therefore, taking into account the complexity of the events taking place on the territory of modern Ukraine, the study of the available range of problems has a particularly important scientific and practical role. A study of the available range of problems was carried out using comparison, abstraction, analysis, and generalization methods. In the course of the study, the essential characteristics of the social category were determined, particularly the theoretical and methodological foundations of ensuring observance of human rights in conditions of martial law (the regulatory and legal basis). Summarizing the events taking place in Ukraine as a result of the treacherous armed aggression of the Russian Federation, it was concluded that under conditions of war, human rights are of the highest value.
Corruption in Higher Education; A Comparative Studies on Whistleblowing System between University of Stanford and Universitas Indonesia Rizqiyanto, Saomi; Anwar, Muhammad Chaerul; Antuli, Rezky Ramadhan
Jurnal Cita Hukum Vol. 12 No. 1 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i1.38693

Abstract

This study seeks to demonstrate the utilisation of the whistleblower system in higher education to mitigate academic dishonesty and fraud, emphasising a comparison between Stanford University in the United States and the University of Indonesia. The study's findings indicate that both universities acknowledge the significance of witness protection within the whistleblowing framework, particularly to safeguard the safety and security of whistleblowers. Stanford University and the University of Indonesia provide conventional reporting mechanisms; nevertheless, Stanford University possesses superior reporting governance and regulations. Both schools offer application-based reporting mechanisms; however, Stanford University maintains an exceptional framework for reporting management rules and whistleblower protection. This study's conclusions aim to assist Indonesian universities in establishing efficient reporting methods and procedures to eliminate corruption and enhance academic integrity. This study employs a qualitative research methodology encompassing two primary approaches: a literary approach and a law approach. The literature review method examines academic literature, publications, and regulations about whistleblowing in higher education institutions in the United States and Indonesia. This literature analysis examines the optimal practices of whistleblower systems in several international universities and their implications for higher education in Indonesia. A legal framework is utilised to explore the existing regulations and statutes, specifically concerning witness protection, whistleblower security, and the enforcement of academic integrity. This entails an examination of the legislation and internal university policies concerning whistleblowing in each nation. The study offers a comprehensive comparative analysis of the effective implementation of whistleblower systems in Indonesian universities, along with recommendations for enhancing reporting governance policies to foster a more transparent and accountable academic environment.
Settlement of Criminal Cases through Integration Customary Law Values Angkon Muakhi in Lampung Province Hasan, Zainudin; Dewi, Erna; Fardiansyah, Ahmad Irzal; Setiawan, Refly; Abdurrahman, Abdurrahman
Jurnal Cita Hukum Vol. 12 No. 1 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i1.38837

Abstract

The current Indonesian criminal law, although it has used the restorative justice method, has not been able to resolve the core of the problem and has not restored balance in society, so the settlement of criminal acts is not complete to the community, the victim and the victim's family. The importance of criminal law policies for the settlement of criminal cases through the integration of Angkon Muakhi law is to realise justice, benefit, balance, and kinship in criminal law enforcement. This research method uses the combined theory paradigm and mixed legal system to generate new ideas in settling criminal cases. This research is normative juridical and empirical juridical research with a socio-legal approach. In-depth interviews were carried out in primary data collection; sources were determined by the snowball method, while secondary data collection was carried out using a literature study. The findings of this study indicate that the enforcement of criminal law at this time still does not involve the community. There are still the rights of victims' families and communities that have not been restored; even though restorative justice has been resolved, it still leaves disputes, seeds of conflict and grudges both from the victim, the victim's family and the surrounding community. Prison sentences are still prioritised in light cases and negligence, both in the investigation process, prosecutors' demands, and the judge's decision. The importance of resolving criminal cases through integrating the customary law values of Angkon Muakhi, which can resolve cases, conflicts, hostilities and disputes between perpetrators, victims and the community.
Индонезийские СМИ о специальной военной операции России (Indonesian media about Russia's special military operation) Syurkani, Panca; Muzykant, Valerii L.
Jurnal Cita Hukum Vol. 12 No. 1 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i1.38838

Abstract

The Russian-Ukrainian military conflict often makes headlines in many media outlets around the world, including media in Indonesia. However, unfortunately, some media outlets publish fake news regarding the Russian-Ukrainian military conflict. This study examines fake news about Russia's special military operation in Indonesian media. The research method used is descriptive-qualitative. The data collection methodology was carried out by observing various Indonesian media outlets that published fake news related to the Russian-Ukrainian military conflict in Indonesian media. The collected data was then carefully analysed. Based on the analysis, it was established that several media outlets in Indonesia have been proven to disseminate false information regarding the Russian-Ukrainian military conflict that took place in 2022. While some of the above reports related to the Russian-Ukrainian army conflict have been proven fake news or hoaxes, the government does not impose sanctions on journalists or media outlets that publish such information. This is because journalists and media did not check the legitimacy of the information and did not fact-check. After verifying that the government has taken some steps to restore order in this area, the amount of fake news regarding the current Russian-Ukrainian military conflict has decreased significantly.

Page 1 of 2 | Total Record : 15

 1   2 

Filter by Year

2024 2024


Reset
Filter By Issues
All Issue Vol. 13 No. 2 (2025): Summer Edition Vol 13, No 1 (2025) Vol 13, No 1 (2025): In Press Vol. 13 No. 1 (2025): Spring Edition Vol. 12 No. 3 (2024) Vol 12, No 3 (2024) Vol 12, No 2 (2024) Vol 12, No 2 (2024): In Press Vol. 12 No. 2 (2024) Vol 12, No 1 (2024) Vol. 12 No. 1 (2024) Vol. 11 No. 3 (2023) Vol 11, No 3 (2023) Vol 11, No 2 (2023) Vol. 11 No. 2 (2023) Vol 11, No 1 (2023) Vol. 11 No. 1 (2023) Vol 10, No 3 (2022) Vol. 10 No. 3 (2022) Vol. 10 No. 2 (2022) Vol 10, No 2 (2022) Vol 10, No 1 (2022) Vol. 10 No. 1 (2022) Vol 9, No 3 (2021) Vol. 9 No. 3 (2021) Vol. 9 No. 2 (2021) Vol 9, No 2 (2021) Vol 9, No 1 (2021) Vol. 9 No. 1 (2021) Vol. 8 No. 3 (2020) Vol 8, No 3 (2020) Vol 8, No 2 (2020) Vol. 8 No. 2 (2020) Vol. 8 No. 1 (2020) Vol 8, No 1 (2020) Vol 7, No 3 (2019) Vol. 7 No. 3 (2019) Vol 7, No 2 (2019) Vol. 7 No. 2 (2019) Vol 7, No 1 (2019) Vol. 7 No. 1 (2019) Vol 6, No 2 (2018) Vol 6, No 1 (2018) Vol 5, No 2 (2017) Vol 5, No 1 (2017) Vol 4, No 2 (2016) Vol 4, No 1 (2016) Vol 3, No 2 (2015) Vol 3, No 1 (2015) Vol 2, No 2 (2014) Vol 2, No 1 (2014) Vol 1, No 2 (2013) Vol 1, No 1 (2013) More Issue