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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 716 Documents
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Environmental Protection Funds As A Component Of National Financial And Environmental Security: Administrative And Legal Regulation Liudmyla Сhupryna; Nataliia Zadyraka; Andrii Koshlia; Mykola Chabanenko; Lemekha Rostislav
Jurnal Cita Hukum Vol 10, No 2 (2022)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v10i2.27811

Abstract

The purpose of the research. The scientific article is devoted to the coverage of the environmental protection funds as a component of national financial and environmental security. Main  content. It is substantiated that achieving the effectiveness of regulatory policy in the field of environmental protection requires the state to intensify the forms of its implementation, one of which is the activities of extra-budgetary trust funds. During the analysis of economic and sectoral extra-budgetary funds, the unification of legal regulation of the procedure for allocating funds provided to environmental funds was identified as a necessary measure, which will allow detailed regulation of such rules and establish a mechanism for liability for violations. Methodology:  Consideration of materials and methods based on the analysis of documentary materials for the environmental protection funds as a component of national financial and environmental security. Conclusions. The expediency of systematizing the legislation regulating extra-budgetary funds is argued for the purpose of further elaboration and adoption of the Law of Ukraine “On Public Funds”.Keywords: administrative service, environmental tax, government service, municipal service, electronic service, public service.
The Influence of International and Islamic Law on Labor Laws in Indonesia and Morocco Muhammad Maksum; Yayuk Afiyanah
Jurnal Cita Hukum Vol 10, No 2 (2022)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v10i2.27804

Abstract

Work agreements between workers and employers form the basis for determining rights and obligations. Employment agreements are influenced by the laws governing a country and its historical experience. This study aims to analyze the influence of international and Islamic law on labor law in two countries, both Indonesia and Morocco. The research method used is a qualitative research method with a comparative approach. The results of the study stated that by comparing the provisions of work agreements from three sources of law, namely Indonesian, Moroccan, and Islamic law, it was found that international law had an effect on national law. Islamic law has little effect on work agreements. The influence of Islamic law is found more in Moroccan regulations than in Indonesian regulations. Several different concepts regulated in the source of law include the concept of work agreements, restrictions on the age of children who can enter into work relationships, the object or work employed, and the designation of work areas. This research has implications for the openness of international work transactions or the acceptance of foreign workers due to the same arrangement although with certain restrictions according to a country's policy.
The Construction of Religious Court Judges' Decisions in the Case of Joint Assets Based on Islamic Law and Legal Development Isnawati Rais; Ya Rakha Muyassar
Jurnal Cita Hukum Vol 10, No 2 (2022)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v10i2.27800

Abstract

In deciding joint property cases, religious court judges apply the provisions of Article 97 of the KHI with the division of 1/2–1/2 part of joint assets. However, in the decision No. 70/Pdt.G/2002/PA.Mrk, No. 330/Pdt.G/2004/PA.Tgrs, and No. 278/Pdt.G/2005/PA.Bkt, the judge of the religious court did not make a decision based on this provision. The Merauke PA decides the joint property case in a 4/10–6/10 division, the Tigaraksa PA 20%-80%, and the Bukittinggi PA 1/4–3/4. This study looks at the considerations and perceptions of the religious court judges in deciding joint property cases. The method used in this research is normative juridical which is qualitative in nature, using a comparative approach. As a result, the panel of judges in the 3 religious courts deviated from the applicable legal provisions, considering several factors. There are 5 factors that are considered by the panel of judges in deciding joint property cases, including: contribution factors, legal arguments, a sense of justice, legal arguments, origins of joint assets, and contextual understanding of a legal provision.
National Digital Currency Issuance Under Vietnamese Law Vien The Giang
Jurnal Cita Hukum Vol 10, No 2 (2022)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v10i2.24009

Abstract

The article analyzes the current situation and debates about the digital currencies issued by central bank. The results show that only a few countries have issued the central bank digital currencies, the rest of the countries have begun to have institutional orientations for research on issuing and using the central bank digital currency. The strengths that lead to the central bank's choice of research and issuance of digital currency are a high level of security, convenience for money control in circulation, and the stable value guaranteed by the state, thereby contributing to the promotion of non-cash payments. In the context of accelerating the economy digitization, including digital banking, and promoting the cash payments, Vietnam has had an orientation to research mechanisms, policies and laws for the issuance of national digital currency. In order to do this, in addition to reviewing, amending and supplementing the Law on the State Bank of Vietnam related to currency issuance, it is also necessary to prepare fully the technical infrastructure system.
Динамика религиозного экстремизма в России в богословских, правовых и психологических подходах к социальной и личностной; Dynamics of Religious Extremism In Russia In Theological, Legal and Psychological Approaches to Social and Personal Amy Maulana; Dana Riksa Buana; Abdulaev Ibragimgadzhi Magomedovich
Jurnal Cita Hukum Vol 10, No 2 (2022)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v10i2.27803

Abstract

After the collapse of the Soviet Union in the post-Soviet era, a spiritual vacuum was formed in the conditions of deterioration of the political and economic situation. In the North Caucasus region, during the formation of the Russian state, it was quickly filled with religion: Wahhabism emerged, spread and increasingly declared itself religious extremism. Several terrorist attacks have occurred not only in the North Caucasus, but also in several Russian cities. This article describes the dynamics of religious extremism in Russia from the point of view of the theological, legal and psychological approach to social and personal. With regard to the soft approach, Russia can implement programs of deradicalization and counter-radicalization. In this regard, Russia may create a National Agency for Combating Terrorism and launch a deradicalization project and create a Deradicalization Center for convicted terrorists. Efforts to prevent the development of religious extremism in Russia are being undertaken not only with a legal approach, but also with a theological approach, since it is connected with Islamic concepts.
Media Literacy and Fake News: Bangladesh Perspective Valerii L Muzykant; Barek Hossain; Munadhil abdul Muqsith; Mobassera Jahan Fatima
Jurnal Cita Hukum Vol 10, No 2 (2022)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v10i2.25921

Abstract

Social media have become an integral element of modern life. Internet accessibility has boosted the public's engagement in computer-controlled official and informal activities. However, many information sources contain unsupported, inaccurate, and erroneous material. In this circumstance, media literacy is a significant phenomenon in developing and non-developing nations. Due to the misuse of social media and lack of media literacy in Bangladesh, some unexpected communal acts of violence happened during the past decade. This study intends to emphasize, from a Bangladeshi viewpoint, the significance of media literacy in reducing rumors, misinformation, disinformation, and fake news. Using descriptive research methodologies, more than forty secondary data sources from Bengali, English, Russian, Indonesian, and Turkish literature, such as research papers, reports, news stories, publications, books, and theses, have been examined. In order to combat misinformation, rumors, fake news, and yellow journalism in developing nations like Bangladesh, where literacy rates are still low, it is imperative to increase media literacy levels. In this regard, governments and non-governmental groups should work collaboratively to fix the deficiencies in this process.
Liability of Insurance Companies for Unfair Terms in Iranian Law Reza Shahbazi; Samad Hazrati
Jurnal Cita Hukum Vol 10, No 2 (2022)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v10i2.27805

Abstract

Insurance has developed into a vast industry, so insurance companies seek to maximize profit. Therefore, they tend to formulate the insurance contracts in such a way that infringes on the insured's rights. They strive to secure additional privileges and profit by incorporating unfair terms in insurance contracts. Lawyers suggest that the solution to preventing the inclusion of such words and ensuring fair treatment of the insured lies in the insurers' pre-contractual duties, such as their obligation not to include such unfair terms. Based on the fairness principle in Iranian law, one can articulate this obligation for both parties in all contracts. In conclusion, in insurance contracts, the general contract terms obligate the insurer to accept payment from a third party. If paying the insurance premium takes place with the permission of the insured, the third party can return to the insured for the paid amount. However, if the third party performs the payment without the insured's permission (the primary debtor), it is gratis, and the third party retains the right to return to the insured.
Criminal Liability of the Curator for Illegal Acts in the Independence Principle Serlika Aprita; Mona Wulandari; Sarah Qosim
Jurnal Cita Hukum Vol 10, No 2 (2022)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v10i2.27801

Abstract

An entity or individual bankruptcy statement can occur if the debtor fulfills the elements of bankruptcy where the application is submitted to the commercial court by an advocate. The appointment of a curator in one of the contents of a commercial court decision will determine a person or more curators who originate at the request of the bankruptcy applicant, either by the creditor applicant or the debtor applicant himself. This study aims to determine the form and mechanism of the curator's criminal liability to the law based on the principle of independence in managing and settling bankrupt assets. This study uses a prescriptive normative legal research method with a statutory approach. The results of the study state that the recommendation of a curator by the bankruptcy applicant will tend to have a conflict of interest if there is no independent curator in carrying out the obligations mandated to him in Article 15, paragraph (3) of the PKPU UUK. The applicable criminal threat remains based on the source of criminal law in force in Indonesia following the actions of the curator as an individual who is not immune to the law.
Legal Foundations and Comparative Analysis of Early Childhood Education Practices in The Turkish World Suat KOL; Hilal İlknur TUNÇELİ
Jurnal Cita Hukum Vol 10, No 2 (2022)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v10i2.26237

Abstract

Early childhood education is a very important period for the education and development of the child. Many critical stages in the mental, physical and spiritual development of the child take place in this period. In addition, the gains to be obtained in this period form the basis of the child's education and academic development. Today, while the prevalence of early childhood education is close to 100% in many developed countries, this is not at the desired level in the countries that make up the Turkish World. The aim of this study is to examine the early childhood education in a comprehensive manner in independent Turkish states. In this context, as working group; Azerbaijan, Kazakhstan, Kyrgyzstan, Cyprus, Turkey, and Uzbekistan's document analysis related to early childhood education was carried out adhering to the title specified in the data collection tool. Historical analysis, one of the qualitative research methods, was used in the study. According to the data obtained; The prevalence ratio of pre-school education is the most in Turkey with 45.4%, and the least in Uzbekistan with 23.8%. It is seen that while the start of early childhood education in Turkish Republic of Northern Cyprus (TRNC) and Turkey dates back to primary school, it begins in the early 1900s in other countries. Age classification varies in every country and the education is carried out through this classification in the early childhood education institutions. When the teacher training programs are considered, the teaching profession is acquired through undergraduate education in all countries. However, the right to teach is given in 2-4 years in Azerbaijan, 3-5 years in Kyrgyzstan and in 4 years and 4+1 supplementary training in Kazakhstan, TRNC and Turkey.
Existence of customary law in Indonesian criminal law Muhammad Ishar Helmi; Pujiyono Pujiyono; Khamami Zada
Jurnal Cita Hukum Vol 10, No 3 (2022)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v10i3.29829

Abstract

Pasal tersebut berbunyi, "Negara mengakui dan menghormati kesatuan-kesatuan masyarakat hukum adat berserta hak-hak tradisionalnya sepanjang masih hidup dan sesuai dengan perkembangan masyarakat dan prinsip Negara Kesatuan Republik Indonesia, yang diatur dalam undang-undang.”

Page 25 of 72 | Total Record : 716

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