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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 15 Documents
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Search results for , issue "Vol. 12 No. 2 (2024)" : 15 Documents clear
International Relations in the Perspective of Fiqh al-Siyasah Abdillah, Masykuri; Masyrofah, Masyrofah
Jurnal Cita Hukum Vol. 12 No. 2 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i2.32248

Abstract

This article analyses the concept and practice of international relations according to fiqh al-siyasah, which is related to war and peace, international law, diplomacy, and international cooperation. This study emphasises the normative concept of international relations (al-‘alâqât al-dauliyyah) using international relations studies and international law. Thus, the sources of data or information in this study are the Quran, Hadis, the opinions of Muslim scholars (ulama) and theories of international relations and international law. Since the beginning, Islam has provided guidelines on relations between groups and kingdoms, which in today's context refer to international relations. In addition to the principles of international relations, the Quran and Hadith also provide normative references, which the Muslim scholars formulated as international law. Philosophically, there is a difference between secular international law and Islamic law derived from revelation understood by contextual ijtihad. However, at present, the majority of Muslim scholars believe that, in general, there is compatibility between the principles of modern international law and the principles of Islamic law, especially in the form of agreements ('uhûd and mawâtsiq), customs ('âdât), and ratio ('aql), which also recognised by Islamic law.
Examination of Early Childhood Education in Türkiye in terms of Children's Law and Rights KOL, Suat; TUNÇELİ, Hilal İlknur
Jurnal Cita Hukum Vol. 12 No. 2 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i2.39242

Abstract

Children's rights and child law have taken their current form since the second half of the 20th century. The Geneva Declaration of the Rights of the Child, published by the United Nations in 1924, aimed to secure children's rights. The primary purpose of this research is to examine early childhood education in Turkey in terms of children's rights. Childhood and the historical process of children's rights were first addressed in this context. Then, early childhood education in Turkey was examined within the framework of children's rights. The research, conducted as a literature review, revealed that Turkey participated in the 1st and 2nd Balkan Congresses in 1936 and 1938 and pioneered universal children's rights studies by contributing to the decisions made in these congresses. Additionally, the study showed that, due to the value placed on children in Turkish culture, which spans thousands of years, positive practices regarding children's rights have been carried out throughout history. Moreover, Turkey became a party to the Convention on the Rights of the Child, adopted by the United Nations General Assembly on November 20, 1989, and entered into force on September 2, 1990. It has made appropriate adjustments in its domestic law. It has been observed that, as in every stage of educational activities, early childhood education in Turkey is also conducted with a child-centred approach and in adherence to the child's legal rights. The findings obtained were discussed in the discussion section.
Comparative Legal Analysis of the Use of Electronic Format of Criminal Cases and the Procedure under the Code of Criminal Procedure of the Russian Federation Ivanov, Dmitriy; Grinenko, Aleksandr; Fadeev, Pavel; Ermakov, Sergey; Antimonova, Svetlana
Jurnal Cita Hukum Vol. 12 No. 2 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i2.39691

Abstract

The article deals with the foreign experience of digitalisation in the preliminary investigation. Conservative views of law enforcers and legislators on this issue dominate the Russian Federation. There are only small steps towards digitalising preliminary investigations in our country. At the same time, it has been established that the introduction of various information systems and automated workstations into practice, which was supposed to create a unified system and network of broad coverage, has not happened due to the lack of a unified request from the system of investigative bodies and technical capabilities, as well as lack of an urgent need for changes in the working procedure on the part of investigators and interrogators. In conclusion, the authors conclude that there are currently only minor steps towards digitalisation of pre-trial investigations and creating an electronic format for criminal cases in the Russian Federation. However, the rapidly developing information and telecommunication technologies will also do their job in this aspect, which will lead to the creation and successful testing of the topic studied by the authors.
Classification of Circumstances that Contributed to the Commission of a Crime in the Legislation of the Russian Federation Volkova, Galina; Ivanov, Dmitriy; Vasyukov, Vitaliy; Polyakov, Sergey; Batyukova, Vera
Jurnal Cita Hukum Vol. 12 No. 2 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i2.39698

Abstract

In the article, the authors consider the most pressing issues related to the classification of circumstances that contributed to the commission of a crime in Russian legislation. It is established that the factors that make it possible to classify the above circumstances are: the identity of the suspect (accused); the living conditions and upbringing of the person who committed the crime; the circle of communication of the person who committed the crime; the circumstances of the origin of criminal intent; the circumstances that made it possible to achieve criminal goals; circumstances of an objective nature, the totality of which allows you to commit a specific crime; the absence of preventive measures and preventive work in the presence of appropriate conditions. The authors substantiate the position that the considered factors, according to which the classification of the circumstances under study was carried out, are conditional and are not exhaustive in their essence. At the same time, the classification of the circumstances under consideration by the authors allows the head of the investigative body and the investigator to correctly and competently plan their daily activities aimed at identifying, proving and eliminating them. In conclusion, the authors conclude that the classification of circumstances that contributed to the commission of a crime is necessary to build an algorithm of actions to identify, prove and eliminate them at all stages of pre-trial proceedings in criminal cases. Only when all three dominants are achieved (identification, proof, elimination) will the goals of criminal proceedings be achieved.
Reformulation of Asset Recovery Strategy Resulting from Corruption Crimes as an Effort to Recover State Losses Priyana, Puti; Gunawan, Tanumihardja Jopie
Jurnal Cita Hukum Vol. 12 No. 2 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i2.39768

Abstract

It is time for the state to prioritise asset recovery for state losses resulting from criminal acts of corruption. Asset recovery must be an integral part of the series of actions taken against criminal acts of corruption. However, the arrangements for recovering criminal assets in Indonesia are not yet synergistic and overlapping. The asset recovery process is carried out by several agencies, giving rise to sectoral egos and lengthy coordination. This results in the recovery of criminal assets in Indonesia as an effort to recover losses from criminal acts is not optimal. This research recommends strategies for recovering criminal assets in Indonesia to produce efficient asset recovery. The research method used is normative juridical using a statutory approach, comparative analysis, concept analysis and case analysis. The research results found that the suboptimal asset recovery in Indonesia was caused by disharmony in the asset recovery arrangements. Indonesia can reflect on the criminal asset recovery mechanisms in the United States, United Kingdom, and Italy regarding harmonising asset recovery arrangements. This research also found that harmonising asset recovery arrangements in Indonesia should be accommodated through the amendment of KUHAP. Through the harmonisation of these arrangements, The Attorney General's Office of Indonesia, a law enforcement agency that has the authority to carry out investigations, prosecutions, and execution of court decisions that have a permanent legal force appointed as the coordinator of asset recovery for criminal acts so that the recovery of assets, especially those resulting from criminal acts of corruption, can be well synergised and state losses recovery to be optimal.
Revenues and expenditures of the state and local budgets in Ukraine in peacetime and under martial law: regulatory and legal provisions Vorotina, Nataliia; Tykhonova, Olena; Poliak-Sverhun, Mariana; Cherniaieva, Olena
Jurnal Cita Hukum Vol. 12 No. 2 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i2.40529

Abstract

Martial law dictates the need to guarantee the proper level of execution of the state and local budgets, as well as to identify and attract additional sources of income and implement a rational and economical concept of expenditures. The level of coherence and efficiency of interaction between participants in the budgeting process determines the possibility of maintaining financial stability and avoiding macroeconomic imbalances. This article analyses Ukraine's budgetary sphere's regulatory revenues and expenditures during peacetime and wartime. The study involved general scientific methods, including analysis, synthesis, comparison, abstraction, specification, and generalisation. This research analyses the current state of regulatory and legal support of the state and local budgets. It outlines the concept of budgetary resource management in wartime. The author has found that the realities of wartime have led to some changes regarding filling budgets and forming expenditures. The study identified signs of budget deficit and specific issues that arise in contrast to peacetime processes. The author analyzed the indicators of the consolidated budget for pre-war and wartime and studied the vector of financial budget differentiation by sectors and programs. It is determined that the share of expenditures of the State Budget of Ukraine is focused on ensuring Ukraine's defence capability, which is dictated by wartime. The author has outlined the specific features of forming the local and State budgets during wartime, and the main issues of this process have been highlighted. In addition, the author formulated the main priority areas of optimisation in budgeting during wartime and in the context of further socio-economic development.
Forest Conservation and Development in India– An Analysis of the Forest Rights Act, 2006 and Its Impact on the Forest System Sahoo, Prajnee Samedhini; Bang, Sanjay; Sahil, Gurudev
Jurnal Cita Hukum Vol. 12 No. 2 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i2.40530

Abstract

Development of any kind is seen as a destroyer of the environment. Development affects the environment, ecology and climate. However, it is necessary for the progress of human beings and, consequently, any country. This gave rise to the concept of sustainable development. Sustainable development is development which fulfils the needs of the present generation while protecting the environment for the needs of the future generation. In India, there are many laws protecting and safeguarding the environment. Many of those laws provide exceptional circumstances under which the environment can be harmed. Most of the time, it is for the public's development. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, commonly known as the Forest Rights Act, 2006, recognises the rights of forest dwellers over forest land and forest resources for life, habitation and livelihood. These forest dwellers are required by the Act to conserve the forest. It provides for the management of forest and forest resources for the sustainable use of forest dwellers and, at the same time, the protection of the forest. The Act requires the Gram Sabha to conserve and protect biodiversity, wildlife, and forests. The Act also makes provisions for allocating forest land for development purposes. When the law recognises the right of forest dwellers to reside on forest land, it necessarily follows that development facilities like education, roads and others shall be made available. So, the Act recognises the right of forest dwellers over forests and provides for basic developmental facilities for the use of forest dwellers. This research paper analyses the long-standing conflict between environmental law providing for the conservation of the environment and development. It will critically analyse the Forest Rights Act 2006 provisions on the diversion of forest land and a few Supreme Court of India judgments.
Use of Special Knowledge in the Investigation of Crimes in the Field of Credit Bondar, Volodymyr; Korshun, Anton; Chashnytska, Tetiana; Bochkarova, Maryna; Priakhin, Yevhen; Nahornyi, Andrii
Jurnal Cita Hukum Vol. 12 No. 2 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i2.40531

Abstract

Based on the results of the analysis of judicial and expert practice, as well as scientific sources, a study of the problematic aspects of the involvement of a specialist in the conduct of individual investigative (search) actions, the appointment and conduct of expert studies in the investigation of crimes in the field of lending was carried out. It has been established that the existence of schemes of criminal activity is typical for the technology of criminal enrichment through credit and financial transactions, which include appropriation of bank credit resources, fraudulent obtaining of credit, and fraud with financial resources. It was emphasised that clarifying certain circumstances in the mentioned criminal proceedings is impossible without using special knowledge, primarily related to making changes to the relevant official documents. Typical investigative (search) actions are highlighted, in which it is necessary to actively use the help of a specialist, as well as the main areas of application of special knowledge by the parties to criminal proceedings, in particular, the investigator and the defence attorney. The importance of forensic examination (technical examination of documents, handwriting examination, complex forensic dactyloscopy, handwriting and technical examination of documents) is indicated as one of the primary means of obtaining evidence during the investigation of criminal offences in lending. Particular attention is focused on determining the purpose, subject and tasks of technical examination of documents in the investigation of criminal offenses of this category.
State’s Management of Belief and Religious Activities according to Vietnam law and role in the direction of cultural activities Vu, Van Hong
Jurnal Cita Hukum Vol. 12 No. 2 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i2.40532

Abstract

Vietnam’s innovation process, which started in 1986, has created many changes in the country's economic, political, and cultural life while changing the state’s behaviour regarding beliefs and religions. According to the Law on Belief and Religion (2016), many forms of beliefs are recognised, and many religions coexist in Vietnam and have a role in the direction of cultural activities. The Vietnam State also respects the people’s right to freedom of belief and religion. The topic of this study is to focus on clarifying the diversity in people’s beliefs and religious activities as well as the recognition by the State’s legal documents on the diversity of beliefs, many religious organisations as well as the people’s freedom of beliefs, and religion when the country innovation. In this context, information about different types of beliefs and religions, diversity in belief and religious activities, and number of followers will be provided. Then, there is the legal basis of people’s freedom of belief and religious activities; regulations on the organisation and operation of religious organisations will be considered and evaluated. Limitations and shortcomings in religious activities will be discussed; some orientation issues for the state management of beliefs and religions were raised. This study aims to evaluate the positive changes in the State’s belief and religion policy and propose some solutions to improve the State’s management policy and law on belief and religion. This study has important implications for the State to continue to have policies to manage and promote the people’s diversity in belief and religious activities.
Administrative and legal status of public administration subjects regarding countering terrorism: Constitutional and Theoretical Aspects Opatsky, Roman; Pisotska, Karina; Chvaliuk, Andrii; Molchanov, Rostyslav; Tulinov, Valentyn
Jurnal Cita Hukum Vol. 12 No. 2 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i2.41091

Abstract

The research aimed to make known the administrative and legal status of public administration subjects in the counter-terrorism field. It was found that a rather straightforward and logical structure of state bodies in the field of organization and coordination of the fight against terrorism has been created in Ukraine. The system of anti-terrorist entities is a set of specific, legally defined institutions that interact intending to prevent, detect, stop and minimise the consequences of terrorist activities. The research used the following methods: analysis of biographical sources, synthesis, deduction, comparative analysis meta-analysis, etc. In the conclusions, it has been established that the President of Ukraine, the Verkhovna Rada and the Cabinet of Ministers are the key actors in the fight against terrorism in the system of higher authorities. The defining areas of action of the President of Ukraine in the sphere of counter-terrorism are the activities aimed at regulatory and legal support of counter-terrorism in Ukraine, which implies the creation, liquidation, reorganization and management of relevant counter-terrorism entities.

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