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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 716 Documents
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Correlation of Legal Concepts of Administrative Procedure and Administrative Liability in the Sphere of Urban Planning Nataliia Zadyraka; Yevhen Leheza; Mykola Bykovskyi; Yevhenii Zheliezniak; Yulia Leheza
Jurnal Cita Hukum Vol 11, No 1 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i1.31784

Abstract

The purpose of the research is correlation of legal concepts of administrative procedure and administrative liability in the sphere of urban planning. Main content. The regulatory basis for imposition of administrative sanctions in the specified sphere consists in violation of legislation, building regulations, standards and rules, etc.  Methodology:  The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, interpretation method, hermeneutic method as well as methods of analysis and synthesis. Conclusions. It is noted that the mechanism of bringing to administrative liability is based on a huge number of legislative acts, building codes, standards and rules, and this fact makes it much more difficult to understand this set of rules and contributes to their violation. Emphasis is placed on the fact that a large number of offenses in the sphere of urban planning activities are detected during state architectural and construction control and supervision. Disclosed are some positions of the Supreme Court regarding consideration and resolution of disputes related to appeal against resolutions on fine imposition. Peculiarities of implementation of norms of the institution of administrative liability in the sphere of urban planning activities for offenders of variable status have been revealed.Keywords: Administrative liability, administrative procedure, urban planning activity, legislation, urban planning offense
Implementation of Business and Human Rights Principles (UNGPs) in the Protection given to Indonesian Laborers: Gender Perspective Arsyi Manggali Arya Putra; Nur Putri Hidayah
Jurnal Cita Hukum Vol 11, No 1 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i1.29022

Abstract

Abstract This research aims to analysis to what extent business and Human Rights principles have been implemented to protect workers/laborers in Indonesia according to the gender perspective. This research employed a normative method by analyzing the norms set forth in international law synchronized with the provisions in the statute (statutory approach) in Indonesia in a descriptive form and a conceptual approach. The research concludes that business and Human Rights principles were initiated by Ruggie as a new concept regarding corporate responsibility to meet the development of human rights. The protection of human rights for workers/laborers, especially women, has not been sufficiently given. The management of the dimension of human rights in employment-related matters requires business relations and human rights with the concept of three pillars. First, the state is responsible to prevent violations of human rights. Second, corporates are responsible to respect human rights. Third, this pillar is to manage access to the recovery of the victims of human rights violations. Furthermore, the protection of workers/laborers is governed in Employment Law that needs to be elaborated further by normalizing business and human rights principles in employment sector.
Implementation of Business and Human Rights Principles (UNGPs) in the Protection given to Indonesian Laborers: Gender Perspective Arsyi Manggali Arya Putra; Nur Putri Hidayah
Jurnal Cita Hukum Vol 11, No 1 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i1.29022

Abstract

This research aims to analyze to what extent business and human rights principles have been implemented to protect workers and laborers in Indonesia according to the gender perspective. This research employed a normative method by analyzing the norms set forth in international law synchronized with the provisions in the statute (statutory approach) in Indonesia descriptively and conceptually. The research concludes that Ruggie initiated business and human rights principles as a new concept regarding corporate responsibility to meet the development of human rights. The protection of human rights for workers, especially women, has not been sufficiently given. The management of the dimension of human rights in employment-related matters requires business relations and human rights with the concept of three pillars. First, the state is responsible for preventing violations of human rights. Second, corporations are responsible for respecting human rights. Third, this pillar manages access to the recovery of victims of human rights violations. Furthermore, the protection of workers and laborers is governed by an employment law that needs to be elaborated further by normalizing business and human rights principles in the employment sector.
Maladministration in Indonesia's Interreligious Marriage Asep Syarifuddin Hidayat
Jurnal Cita Hukum Vol 11, No 1 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i1.31929

Abstract

In Indonesia, the polemic on interfaith marriages has not yet ended, even though over time and the times. Even though the issue of interreligious Marriage has been handled and regulated in the Marriage Law, there are still many people who practice it. In Indonesia, interfaith marriages cause not only legal problems but also administrative ones. There are still exceptions to the Marriage Act that allow couples to marry across religions. Because according to positive Indonesian Law, Marriage is not equated with a simple genetic relationship. However, the administration must prove a legal relationship with the state, including the registration of marriages. The research method used is a qualitative research method with a literature approach. The results of the study state that there are still gaps and opportunities for maladministration in interfaith marriages. The behavior occurs in the form of apostasy or changing religions before Marriage, then changing beliefs after Marriage. This was done to get the legality of Marriage in the form of a marriage book. These maladministration opportunities must be closed and eliminated by making government regulations or giving strict sanctions to the perpetrators of maladministration. The sanctions are criminal or fines for people who carry out legal smuggling like this.
Examining the Loopholes in the criminal justice system of Iran and Indonesia in relation to piracy crimes Abdul Majid Rahmanian; Mansour Talebpour; Mehrdad Raijian Asli
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.v10i3.27937

Abstract

Due to the chaos produced by piracy in Indonesia, Southeast Asian sea areas have become hazardous for ships. On the other hand, Iran's shortage of modern maritime laws has rendered it impossible to defend Iran's rights in the region's waters. This study seeks to investigate the piracy-related gaps in the Iranian and Indonesian criminal justice systems. Using an analytical-comparative methodology, this study examined the issue theoretically. The required data and information were gathered using the library method, books, and articles. According to the results of the investigations, the most significant common flaws in the maritime law of Iran and Indonesia are the lack of specialized maritime judges and experts, the disparity in the punishment of pirates, the lack of educational facilities regarding naval law, the lack of careful and appropriate attention to the maritime conventions, and the disparity in the punishment of pirates. Based on the results of the research, it is suggested that the navies of Iran and Indonesia hold joint courses for officers, particularly young officers, to cooperate in combating maritime terrorism and piracy and exchange information in order to combat naval terrorism and piracy, as well as train and trade marine science lawyers and judges.
Implementation of party projects as a way to strengthen the image of a public organization Tatiana Evstratova; Natalia Medvedeva; Ekaterina Vetrova; Olga Kulikova; Olga Kolosova
Jurnal Cita Hukum Vol 11, No 1 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i1.30819

Abstract

The purpose of the article was to identify the attitude of the population toward the Moscow Regional regional branch of the United Russia Party to improve the image of this public organization. Special sociological methods were used, including qualitative analysis of documents, secondary analysis of research results, survey methods. Based on the results of the survey, it was revealed that the implementation of party projects is a significant tool for forming the image of political organizations. An attractive image of an organization is the most important condition for its political success, which helps to bring the electorate to its side.
The Comparison of the Criminal Code and Draft Criminal Code Formulations of Crimes against Religion and Religious Life Septa Candra; Chairul Huda
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.v10i3.30011

Abstract

The formulation of criminal acts against religion and religious life in Indonesian laws and regulations still leaves various problems. This article discusses the form of formulation of criminal offenses against religion and religious life in the upcoming Criminal Code and RKUHP. The form of this research is normative juridical with legal, conceptual and case approaches. The results of this study indicate that the RKUHP has made changes that lead to "concretization" and "objectification" of crimes against religion and religious life, so that the principles of lex certa and lex stricta are truly considered. The RKUHP has also been more advanced in formulating crimes against religion and religious life based on the notion of respect for the right to religion as a human right protected by the Constitution. Hopefully the enactment of the RKUHP can be a solution in law enforcement against various crimes against religion and religious life in Indonesia in the future.
Analysis of Law Enforcement Problems Related to Crime of Environmental Degradation Caused by Corporations in Indonesia Achmad Irwan Hamzani; Moh. Taufik; Mukhidin Mukhidin; Nur Khasanah
Jurnal Cita Hukum Vol 11, No 1 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i1.29127

Abstract

Corporations are part of industrialization that destroys the environment. Air pollution has damaged the environment. Criminal action against corporations for destroying the environment must provide a sense of justice. This study intends to examine the obstacles in handling corporate crime, which cause environmental damage, and how to deal with a corporate crime based on the value of justice. In this research, a philosophical approach was taken, namely the study of a case in terms of the ideal in the future. The study results found that there were obstacles in handling criminal cases of environmental destruction, such as those related to regional policies on investment, strong backing, and compensation, which then eliminated criminal cases. The Environmental Law regulates corporations' handling of criminal acts of environmental destruction. Accountability, in this case, is carried out by the business entity and the person in charge of the business entity. A crime can be applied to the management and owner of a corporation as a business entity. An offence is needed for corporations destroying the environment based on justice.
Tackling for Human Trafficking: Village-based Movement of Migrant Workers in Lembata, Indonesia Lindra Darnela; Ahmad Tholabi Kharlie
Jurnal Cita Hukum Vol 11, No 1 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i1.30970

Abstract

Studies on the role of villages in combating human trafficking have not been much discussed. This paper examines the efforts of the grass roots to counter human trafficking in Lembata, Indonesia. Data based on observations, interviews with the government, and discussions with six migrant workers' communities in Lembata. The methods used are qualitative research methods with literary approaches and empirical approaches. The results of the research indicate that the people of the village in Lembata have succeeded in providing alternative livelihoods for the former Indonesian Labour Force through the strengthening of the productive economy. This community has also been able to train and support the candidate TKI to acknowledge its rights and duties. This study proves that the bottom-up system is an effective way to tackle human trafficking.
Administrative, Financial, Criminal-Legal and Theoretical-Methodological Aspects of Regulating Social Relations Yevhen Leheza; Tatiana Korniakova; Igor Soldatkin; Vladyslav Rozmosh; Roman Opatsky
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.v10i3.27809

Abstract

The purpose of the research is determined as theoretical, administrative, and civil law aspects of the regulation of social relations are defined. Main content. The article defines the means of social regulation, which include legal, moral, corporate, customs, etc. It has been proved that legal regulation of social relations is defined by the author as a purposeful action on people’s behavior and social relations with the help of legal (juridical) means. Methodology:  The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, interpretation method, hermeneutic method, as well as methods of analysis and synthesis. Conclusions. It has been proved that since legal regulation is presented as social relations, legal regulation is determined by some objective and subjective factors. The following aspects of social relations have been resolved: level of economic development of the society; social structure of the community; level of maturity and stability of social relations; level of legal culture of citizens; level of certainty of the subject of social relations, means and methods of legal regulation etc.

Page 28 of 72 | Total Record : 716

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