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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 15 Documents
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Search results for , issue "Vol. 12 No. 1 (2024)" : 15 Documents clear
Provisions on investment registration certificates upon establishment of enterprises and cooperatives in Vietnam – Shortcomings and recommendations for improvement Linh, Cao Nhat
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.v12i1.38888

Abstract

An investment registration certificate in Vietnamese law is a written or electronic document that records the investor's registration information on the investment project. This Certificate is a mandatory prerequisite for foreign investors to establish or participate in establishing economic organisations in Vietnam, including companies and cooperatives. The methodology employed in this study is qualitative research. This study uses the literature approach and the Statute approach. This rule has a few exceptions, but it is usually required. Nevertheless, the Law on Investment, the Law on Enterprises, and the Law on Cooperatives all contain several illogical and inconsistent provisions for the most part. Because of this, the application of the law becomes more complex. Therefore, to enhance the Vietnam Law on Investment, it is essential to continue improving, revising, and supplementing the provisions of the Vietnam Law on Investment, the Vietnam Law on Enterprises, and the Vietnam Law on Cooperatives.
The effectiveness of international conventions in the struggle against world’s domestic violence Andrusiak, Iryna; Mykievych, Mykhailo M.; Harasymiv, Taras Z.; Chornopyska, Viktoiya Z.; Oliinyk, Yaryna
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.v12i1.38889

Abstract

The issue of the spread of domestic violence is an urgent challenge to the modern legal system, which is regulated in particular by the adoption of international conventions. The research aim is to investigate the effectiveness of international conventions in combating domestic violence. Implementing the specified aim is based on the comparative analysis of specialised scientific literature, the use of content analysis and abstraction methods. The results show that the existing international conventions demonstrate their effectiveness if they are used in combination with other legal instruments for combating domestic violence. The main regulatory mechanisms for protection against domestic violence are restricted in the Convention on the Elimination of All Forms of Discrimination against Women and the Istanbul Convention. Separate international normative acts constitute an essential basis that became the foundation for the formation of relevant provisions in the systems of national legislation, which is especially noticeable in the examples of democratic EU countries. However, in the countries of Asia and Africa, there are critical indicators of domestic violence, which can also be explained by the fact that local governments have not ratified the relevant conventions. The conclusions emphasise that for the further effective implementation of international conventions and their integration into national legislation, it is essential that different groups of the population are aware of their provisions.
Protecting the integrity of e-books in the network environment: A comparative law perspective Dien, Nguyen Ngoc; Tuyen, Nguyen Thi Ngoc
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.v12i1.38890

Abstract

The digital age has ushered in a remarkable transformation in accessing literature. The rise of electronic books has democratized access to a vast library of works, fostering a more vibrant and inclusive reading culture. However, this revolution in the network ecosystem has presented unforeseen challenges. One critical concern lies in safeguarding the integrity and authenticity of e-books within this dynamic online environment. This paper examines the inadequacies of the current Vietnamese legal framework in protecting the integrity of e-books. By employing a comparative legal analysis, the current paper will investigate how copyright and related rights are addressed in the legal systems of select countries worldwide. Additionally, the paper will explore the relevant provisions of international treaties regarding the right to protect the integrity of copyrighted works. This comparative and global framework will inform the development of future-oriented perspectives on e-book integrity in Vietnam. Furthermore, the paper will propose concrete amendments to Vietnamese law that aim to strengthen the protection of authors' moral rights, particularly the right to safeguard the integrity of their works in the digital realm. These proposals aim to contribute to a broader discussion on legislative reform in Vietnam, ensuring that its legal framework effectively addresses the unique challenges posed by e-books in the digital age.
Viewpoints on Ruling by Law in The Philosophical Thought of Han Fei Tzu Tuoi, Duong Thi
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.v12i1.38903

Abstract

During the Spring Autumn and Warring States periods, when Chinese society was in chaos and instability, Han Fei Tzu proposed a comprehensive view that law is the most effective tool to bring peace, stability, and justice. This approach, which stands in stark contrast to the contemporary emphasis on morality and virtue in governance, holds relevance even in modern times. The primary aim of this study is to elucidate the role of law in politics from a philosophical perspective, with a specific focus on Han Fei Tzu's thoughts on the application of law as the primary instrument in state governance. The study employs a qualitative method, comprising two main approaches: the literature approach and the law approach. The literature approach is used to analyze classical texts and philosophical works that discuss Han Fei Tzu's thoughts on law and governance, and to review modern academic literature that either supports or criticizes his views. Meanwhile, the law approach is used to assess how Han Fei Tzu's proposed concept of law can be implemented in the context of governance and whether its application aligns with modern legal theory. The findings underscore the importance of Han Fei Tzu's thoughts on law, which stress the need for consistency between theory and practice, and the comprehensive enforcement of law without any discrimination. His thinking also underscores the significance of law as a tool of social control that is not contingent on individual morality, but on absolute obedience to the rules set by the state. The study raises several critical questions about the relevance of Han Fei Tzu's views in the context of modern politics, and offers recommendations for further research on the role of law in achieving sustainable political stability.
Environmental Agreement as the Object of State Administrative Disputes Dewa, Teguh Triesna
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.v12i1.41133

Abstract

The implementation of state administrative law is presently undergoing considerable changes due to modifications in environmental law regulations. A significant alteration is the shift from a business license framework to a business approval framework, which has generated ambiguity in environmental law enforcement, particularly incorporating ecological approvals under the purview of disputes in the State Administrative Court (PTUN). This alteration presents new difficulties in ascertaining the authority of the PTUN and the interpretation of environmental legislation within the framework of state administration. This study employs a qualitative research methodology utilizing two primary approaches: the literature approach and the legal approach. The literature approach examines several academic sources, journals, books, and legal documents pertinent to the evolution of the corporate licensing and approval system and its implementation in environmental law. This literature study elucidates the theoretical framework and legal advancements pertinent to ecological conflicts in the PTUN. The legal analysis involves scrutinizing relevant laws and regulations, particularly state administrative and environmental law, including Law No. 30 of 2014 on Government Administration and Law No. 32 of 2009 on Environmental Protection and Management. The study's findings indicate that transitioning from a business licensing system to a business approval system has generated ambiguity within PTUN authority, particularly on environmental approvals. The State Administrative Court, as a crucial judicial body under the Supreme Court, possesses autonomy in adjudicating administrative disputes and plays a key role in the enforcement of environmental law. Yet, this alteration necessitates a more explicit elucidation of environmental and state administrative law interplay. This article seeks to examine the function of the PTUN within the Indonesian legal system concerning the enforcement of environmental law and to provide solutions for addressing the issues stemming from this regulatory alteration.

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