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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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State’s Obligation to Protect Human Rights in Business Activities According to the Guiding Principles on Business and Human Rights: Implementing the United Nations Protect, Respect, and Remedy Framework - Recommendations for Vietnam Ha, Le Thi Tuyet
Jurnal Cita Hukum Vol 12, No 3 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i3.42267

Abstract

The state’s duty to protect human rights in corporate activities, as outlined in the UN Guiding Principles on Business and Human Rights (UNGP), is essential in promoting, respecting, and safeguarding human rights within the business sector. This article examines the state's obligations under the UNGP in the context of corporate activities. It connects this analysis with the development and application of a National Action Plan (NAP) based on the general provisions of the UNGP. Employing a qualitative research methodology, the study utilises a doctrinal approach to analyse international legal instruments, national policies, and academic literature related to the UNGP framework. Additionally, the article incorporates a comparative approach, reviewing examples of NAP implementation in various countries to provide practical insights for Vietnam. The findings emphasise aligning Vietnam's legal and policy frameworks with the UNGP to enhance corporate accountability and human rights protection. The study concludes with several actionable recommendations for Vietnam to implement the UNGP effectively, considering its unique socio-economic context and the demands of global development. These recommendations aim to strengthen Vietnam's capacity to address human rights challenges in corporate practices and contribute to its sustainable development goals.
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.
Artificial Intelligence and the Issue of Information Protection: Legal Aspect Kudryavtsev, Vladislav; Leontev, Mikhail; Riabchenko, Aleksandr; Akhyadov, Elman; Panova, Nataliia; Sinyukov, Vasily
Jurnal Cita Hukum Vol 12, No 3 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i3.42520

Abstract

The development and use of artificial intelligence (AI) brings new challenges related to information protection, which is an important concern in the legal context of today's digital era. This article aims to analyse the legal aspects of information protection in the development and application of AI. This research was conducted using qualitative methods through a literature approach and analysis of legislation, both at the national (Russian) and international levels. The analysis results show that the main objects of information protection in the context of AI include trade secrets, professional secrets, and personal data. Therefore, entities holding trade and professional secrets and processing personal data must handle this issue under the applicable legal framework. This article concludes that existing regulations must evolve to accommodate information protection challenges in the dynamic AI ecosystem.
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.
Legal Economic Politics in Eradicating Criminal Acts of Corruption in State-Owned Enterprises Firmansyah, Amir; Suparji, Suparji; Adji, Indriyanto Seno
Jurnal Cita Hukum Vol 12, No 3 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i3.43850

Abstract

This paper analyses the function of State-Owned Enterprises (SOEs) in bolstering the national economy and the substantial obstacles they encounter in addressing corporate corruption.  State-owned enterprises serve a crucial role as primary agents of national development, especially in infrastructure, energy, and strategic sectors. Their dual role—catering to public and commercial interests—frequently subjects them to governance challenges and corruption vulnerabilities.  This research seeks to elucidate the operational dynamics of state-owned enterprises (SOEs) as primary stewards of the national economy, while concurrently examining their involvement in mitigating corporate criminal activities.  The study examines the utilisation of the business judgment rule to protect SOE directors from legal accountability concerning sound faith business judgments and the overarching legal-political backdrop influencing anti-corruption initiatives.  The study utilises a qualitative research method, incorporating a literature analysis and a legislative approach.  It examines diverse statutory rules and legal principles and records instances of corruption related to state-owned enterprises, utilising scholarly articles from the law, governance, and economics disciplines.  The findings indicate that while the business judgment rule offers essential protection for corporate decision-makers, inadequate internal controls, political meddling, and unclear legal obligations persist in obstructing efficient governance within state-owned enterprises (SOEs).  Moreover, the inconsistent implementation of anti-corruption policies diminishes their efficacy.  The report indicates that extensive reform is necessary to enhance legal responsibility, increase transparency, and professionalise the administration of state-owned enterprises.  Enhancing institutional control and maintaining regulatory compliance are essential measures to protect the strategic role of state-owned enterprises in fostering sustainable and corruption-free economic development.
Criminal Liability for Establishing the Criminal Impact of Russia's Armed Aggression Against Ukraine Akimov, Mykhailo; Chugaievska, Alona; Alieksieieva-Danylenko, Yuliia; Semeniuk-Prybaten, Anna; Lytvynenko, Olha
Jurnal Cita Hukum Vol 12, No 3 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i3.42269

Abstract

Russia's aggression against Ukraine emphasised the question of criminal accountability for acts committed during the war. The research aims to study international legal norms regarding avoiding criminal penalties for developing criminal influence on Russian military operations against Ukraine. Implementing such a task involves using the scientific method of content analysis to review legal sources and specialised literature and compare existing practices and innovations in the legal sphere. The results noted that Russia's armed aggression created favourable conditions for activating criminal groups that use the unstable situation to establish their influence. Under such circumstances, establishing criminal influence has a tangible negative impact on stabilising the existing situation. To counteract such negative phenomena at the national level, there is talk of strengthening criminal responsibility for committed offences, strengthening coordination actions between law enforcement agencies, strengthening institutional capacity, and intensifying international support. Besides, the experience of some European and Asian countries, where a criminal punishment is prepared just for admitting one belongs to the criminal world. The conclusions indicate that applying such experience, however, requires caution since, in martial law, it is important to counter also other manifestations of criminal influence – corruption and abuse.
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.
Legal Regulation of Land Protection as one of the Directions for Preventing Corruption Mozghovyi, Oleksandr; Kolomoitsev, Vitalii; Korniienko, Maksym; Liutikov, Pavlo; Marchenko, Olesia
Jurnal Cita Hukum Vol 12, No 3 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i3.43509

Abstract

The study aims to analyse global trends in land use and conservation in the activities of state administrations as one of the directions for preventing corruption. Main content the study analysed global trends in state management in land use and conservation as one of the directions for preventing corruption. The results show that the use of land resource potentials in the world's countries is carried out by considering the environmental safety requirements stipulated in the land region's strategic documents. Considering Ukraine's European integration intentions, a tool for rural area development based on the ecosystem approach is proposed. Methodology The materials and methods of the study are based on the analysis of documentary sources. The basis is a dialectical method of recognising the phenomena of social reality, and based on this dialectical method, mainly formal and comparative legal approaches are used. Conclusion The experience of the EU and countries around the world shows that the priority of national administrations (land administrations) in land use and conservation is the ecosystem approach to the conservation and regeneration of land and other natural resources, which can be achieved through the maintenance of common agricultural policies, the creation of funds to support farmers, the provision of technical assistance, national and targeted programs for development and long-term development planning. The general trend in European Union countries is to develop land sector development strategy documents that look 5-10 years ahead.
A Comparative Legal Analysis of Freedom of Belief and Worship in Turkey UGUR, Hakan; GÜLOĞLU, Nazife Vildan; Guloglu, Yavuz
Jurnal Cita Hukum Vol 12, No 3 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i3.43849

Abstract

Freedom of Belief and Freedom of Worship are interrelated and complementary freedoms. While belief primarily concerns the internal aspect of an individual, their spirit and worship can be seen as the manifestation of belief, transitioning from the abstract to the tangible. Freedom of belief and worship are among the inalienable fundamental rights established in national, regional, and international human rights documents. Recognised as one of the core values of a democratic society, freedom of belief is considered a fundamental right that cannot be restricted, even in times of war or emergency. The scope of these rights and freedoms, as enshrined in the constitutions of modern societies, has expanded over time in favour of liberties through legislative regulations and judicial rulings. Generally, in the decisions of the Turkish Constitutional Court and the European Court of Human Rights, to which Turkey is a party, it is emphasised that the internal aspect of freedom of belief is an inseparable part of one’s personality, making this freedom non-restrictable. However, it is difficult to assert that freedom of worship, which serves as an outward expression of this liberty, is fully guaranteed by the legal system, as it is acknowledged that this freedom can be restricted in line with the requirements of a democratic society. Given that the boundaries of freedom of belief and worship cannot be distinctly defined and that separating these two domains is highly complex, it must be recognised that any intervention or limitation on freedom of worship inevitably impacts freedom of belief. This study will examine international legal regulations on freedom of belief and worship, constitutional provisions, and the decisions of the European Court of Human Rights and the Constitutional Court on this matter. Additionally, progress made in Turkey, along with challenges and shortcomings encountered in practice, will be addressed, and potential solutions will be offered. The topic will also be compared from a religious perspective, assessing the role of religion concerning these freedoms.
Criminal, administrative, finance and legal aspects of the use of artificial intelligence in the legal sphere: foreign experience and prospects for Ukraine under martial law Halunko, Valentyn; Kozlenko, Oleksandr; Kobrusieva, Yevheniiа; Pryimachenko, Dmytro; Ustynova, Iryna
Jurnal Cita Hukum Vol 13, No 1 (2025): In Press
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v13i1.44723

Abstract

Abstract. The article studies the nature of artificial intelligence in foreign countries, in particular in criminal law, financial, administrative regulation. It is substantiated that the use of artificial intelligence in courts will improve the quality of court decisions and increase the efficiency and objectivity of decisions in the authorities. In 2023, a US federal court ruled on the possibility of registering copyright to a work of fine art created by the artificial intelligence DABUS (United States District Court for the District of Columbia [2023]: Thaler v. Perlmutter, № 22-CV-384-1564-BAH). It should be noted that the introduction of legal regulation of artificial intelligence is critical to ensure its safe and ethical use. International cooperation and harmonization of the regulatory framework can contribute to the creation of an effective regulatory system that takes into account the interests of all parties and promotes innovation, while protecting human rights and freedoms. Thus, the analysis of large amounts of data can identify patterns and trends in court decisions and in general in the activities of public administration, and software can influence the forecasting of risks. A number of serious challenges and risks are associated with the purpose of ensuring the security of personal data and the validity of court decisions using artificial intelligence technologies. According to the results of the study, it is proved that artificial intelligence in judicial activity is possible only if effective legal mechanisms are introduced that allow coordinating and regulating these processes.Key words: Administrative regulation, Artificial intelligence, Court decision, Financial regulation, Criminal basis, Assessment, Evidence, Fairness, Reasonableness, Justification. 

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