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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
Legal Regulation Experience of Individual Countries of The European Region Regarding Implementation of International Standards for Ensuring Criminological and Criminal-Legal Protection of Justice Khrystova, Yuliia; Miroshnychenko, Serhiy; Kurbatova, Iryna; Titarenkо, Oleksiy; Maksimentsev, Maksym
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.v12i2.41093

Abstract

The article describes the experience of Germany and Austria in implementing international standards for ensuring criminological and criminal-legal protection of justice. A set of general scientific and specific scientific research methods were used in the preparation of this article to define special subjects authorised to carry out such criminological activities, peculiarities of their interaction with the police and other law enforcement agencies, to reveal the content of legislative mandates regarding organisation and functioning of the Court Security Services and their counterparts, as well as that of the legislation on criminal liability for criminal offences against justice. The purpose of this work is to determine promising directions for increasing the efficiency of implementing criminological and criminal-legal protection of justice by authorised subjects in Ukraine, which has become especially important in the sphere of ensuring national security under martial law, taking into account positive experience of such European region countries as Germany and Austria regarding implementation of international standards recognised by the international community in this area. Based on the results of the research, prospective directions for improving the activity of the Court Security Service of Ukraine, its interaction with the National Police and other subjects of the state sector and non-state sector in the provision of criminological protection of justice, as well as the legislation of Ukraine on criminal liability for criminal offences against justice, taking into account experience of Germany and Austria regarding implementation of standards recognised by the international community in this area.
Анализ Дела о Смерти Джамаля Хашогги: Перспективы Международного Права и Государственной Юрисдикции (Analysis of the Jamal Khashoggi Death Case: Perspectives on International Law and State Jurisdiction) Faris, Dzaka Ashriel; Fadillah, Firman; Machyawaty, Tety
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.v12i2.41195

Abstract

The case of the murder of Jamal Khashoggi at the Saudi Consulate in Istanbul has drawn the attention of the international community to such important issues of international law as the abuse of diplomatic immunity and State responsibility for human rights violations. This analysis reveals the dynamics of international law and national jurisdiction in relation to crimes committed at diplomatic facilities, which should be protected by diplomatic immunity. The principle of territorial jurisdiction allows Turkey, as a crime scene, to investigate and bring the perpetrators to justice, while Saudi Arabia faces problems in complying with international conventions on law enforcement, fair treatment of foreign citizens and protection of human rights. The Khashoggi case raises questions about the extent to which diplomatic immunity can protect international crimes and how countries can fulfill their obligations under international law without sacrificing sovereignty. The impact of this event on Saudi Arabia's reputation and diplomatic relations is also significant, which has sparked a debate about the role of soft power and ethics in world politics. This study aims to deepen understanding of the challenges in the field of international justice, emphasizing the importance of States complying with existing international standards and responding decisively to the abuse of diplomatic immunity. The study concludes by emphasizing the need to reform international law as a preventive measure against such crimes in the future, while ensuring respect for the principles of justice at all levels. 
Principles of law in the legal regulation of social relations in modern conditions: administrative, criminal and constitutional aspects Basko, Andriy; Hryshyna, Natalia; Obushenko, Nataliia; Fedorov, Ihor; Koteliukh, Mykola
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.v12i2.41224

Abstract

The purpose of this paper is to conduct an independent study on the position of legal principles in the legal regulation of public relations in the context of digitalization. In writing this paper, the functional research method was used. The functional research method allows for a thorough clarification of the dynamic aspects of legal principles, their practical objectives, their position and role in the law and in other elements of the legal system of society in general, and their impact on social relations in the form of legal regulation and other forms of legal influence (informational, value-oriented, psychological, system-shaping, etc.). Although the role of legal principles in today's various legal systems is not the same, it is nevertheless concluded that legal principles are one of the sources of law practically everywhere, whether nominal or de facto. The importance of legal principles is that they serve as a framework, the basic structure of the legal system; that they are a guide in the process of development and formation of law; that they have a significant impact on the formation of people's legal consciousness; that they can be a direct basis for making individual legal decisions in a particular case; that they can provide a legislative blanks, reflected in the fact that legal principles can be used as a legal basis for considering legal issues, and that legal principles contribute to the correct interpretation of legal norms while they serve as a source of law.
Legal Policy Study on the Authority and Responsibility of Nadzir in Waqf Management Hidayat, Yusup; Machmud, Aris; Lubis, Rahmad
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.v12i2.42289

Abstract

Wakf plays a pivotal role in Muslims' economic development and social welfare. The nadir, as the manager of waqf assets, possesses the legal authority and responsibility to optimize waqf utilization in conformity with Sharia principles. Nonetheless, in practice, numerous problems and constraints frequently impede the efficacy of nadzir's job. This article seeks to examine the legal framework governing the power and responsibilities of nadir in waqf administration in Indonesia, intending to identify the support and challenges encountered by nadir in managing waqf assets. This study employs a qualitative methodology utilizing a literature review and a legislative analysis, encompassing an examination of Law No. 41 of 2004 on Waqf and its associated regulations alongside diverse scholarly material pertinent to waqf management. The study's findings suggest that while legal frameworks in Indonesia establish a foundation for nadzir's power, it is necessary to enhance laws and governmental assistance to optimize waqf management. In conclusion, incentive policies and enhanced competence of nadzir are essential to augment efficiency and transparency in waqf management, so enabling a more significant contribution to community welfare. 
Impact of Failure to Postpone Debt Payment Obligations Suspension on Separate Creditors Yuhelson, Yuhelson
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.v12i2.42296

Abstract

Separate creditors have special rights, and rejection of a peace plan can limit these rights in terms of receiving payment from the debtor, as separated creditors will only accept payment with the lowest value between the collateral value and the actual value of the loan. This study examines the legal protection for separated creditors in the context of rejecting a peace plan in the Debt Payment Obligation Suspension (PKPU) process. The main focus of the study is to analyse the legal implications of the rejection of peace by separated creditors and how it affects their rights in the PKPU process. The methodology used is normative juridical with a statutory regulatory approach, while the legal sources used in analysing this study were obtained through library materials or secondary data. This research is also called library legal research. It can be concluded that separatist creditors are still given compensation of the lowest value among the collateral or actual value of the loan. It is directly guaranteed by collateral rights on the property owned by the creditor. The results show that the Debt Payment Obligation Suspension (PKPU) Law has yet to fully provide adequate legal protection for separatist creditors who reject the peace plan.

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