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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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Protection of Human Rights: Participation of European International Organisations in Regulating the Functioning of Artificial Intelligence (AI) Technologies Beskorovaynaya, Svetlana; Karimova, Dilafruz; Akhyadov, Elman; Kolganov, Sergei; Mamazova, Zarifa; Aleshkov, Alexey
Jurnal Cita Hukum Vol. 13 No. 1 (2025): Spring Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v13i1.44685

Abstract

The authors of this article explore the potential solutions to the issue of threats to human rights arising from the development of artificial intelligence (AI) technologies. The research problem is examined within the framework of international law, focusing particularly on adopting relevant legal instruments at the global or supranational level, especially within the European Union (EU) and the Council of Europe. This study employs a qualitative research method, using a literature-based and legal approach to review and analyse existing regulations systematically, scholarly discussions, and legislative initiatives. Additionally, the case-study method is utilized to examine key legislative instruments adopted within the EU that regulate the use of AI in the context of human rights protection. Through this approach, the article highlights the similarities and differences between the compared legal acts, particularly concerning the threats posed by AI technologies and their projected future significance. The findings indicate that the analysed legal instruments are vital for safeguarding individuals' rights against risks emerging from the rapid development of AI. Furthermore, the authors conclude that the effective and practical implementation of these regulations at the national level in EU member states will play a critical role in shaping similar legal frameworks within the broader sphere of international law.
Control over the activities of public administration bodies (prosecutor's office, police, local authorities): legal regulation, administrative, land, financial aspects and prospects for development under the martial law of Ukraine Kalchuk, Oleksii; Davydenko, Viacheslav; Mozghovyi, Oleksandr; Hridina, Nataliia; Radchuk, Anatolii
Jurnal Cita Hukum Vol. 13 No. 1 (2025): Spring Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v13i1.44702

Abstract

The purpose of the study is to consider issues of administrative, land, financial regulation and foreign experience in controlling the activities of public administration bodies (prosecutor's office, police, local authorities). Main content. The main assessment measures are defined to ensure the effectiveness of control measures. This assessment is carried out on the following stages: determination of quantitative and qualitative parameters for evaluating the effectiveness of control; assessment of the competence of the control bodies or assessment of the effectiveness of internal and external control, etc. Methodology: The methodological basis of the study is comparative legal and system analysis, formal legal method, interpretation method, hermeneutical method, as well as methods of analysis and synthesis. Conclusions. It is concluded that in order to assess the effectiveness of regulatory authorities, it is proposed to improve the following criteria: quality and completeness, reliability of information received by regulatory authorities; timeliness of control, regularity of control, objectivity of control, simplicity of control measures.Keywords: Administrative regulation, land law, legal principles, foreign experience, control, state administration, financial legislation, legislation, prosecutor’s office, police, local self-government.
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): Spring Edition
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. 
Combating and Preventing Corruption in Local Government: Foreign Experience, Administrative, Legal and Criminal Aspects Shkuta, Oleh; Basko, Andriy; Pozigun, Inna; Pleshko, Eduard; Prodanets, Nataliia
Jurnal Cita Hukum Vol. 13 No. 1 (2025): Spring Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v13i1.45390

Abstract

This article is devoted to the negative impact of corruption on the efficiency of the state, the ability of the state to govern, and the deterioration of public life organisations during wartime in Ukraine. The prevention of corruption risks in local government organisations should be carried out by the authorities exclusively at the level of legislative acts. It must comply with the principles of the rule of law and relevant state security. This article presents a detailed analysis of Ukrainian legislation to prevent corruption risks in local self-government organisations (within the administrative and criminal law). It is concluded that strengthening liability for corruption under martial law in Ukraine is fully justified, as it aims to prevent the “reduction” of international aid in wartime, equating corruption with cooperation with the enemy and delivering preventive strikes. A scientific vision of the legislative approach to solving the problem of fighting corruption in Ukraine has been developed, considering the realistic goals of such activities and the war in Ukraine. The following aspects of the legislative approach to the fight against corruption are taken into account: anti-corruption mechanisms at the legislative level and in the activities of executive authorities; formation of an effective system of state bodies that implement the state policy in the field of combating corruption risks; bringing individuals to responsibility for corruption through imprisonment and other measures; intolerance of the population to corruption during the war, etc.  Attention is drawn to the need for states to comply with international standards, namely the recommendations of GRECO and the Istanbul Action Plan of the OECD Anti-Corruption Network.
Artificial Intelligence and Law: Theoretical and Legal Features Tereshchenko, Elena; Ivanchenko, Elena; Meleshkin, Valeriy; Zhuzhgov, Igor; Erokhina, Maria
Jurnal Cita Hukum Vol. 13 No. 1 (2025): Spring Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v13i1.46624

Abstract

Artificial Intelligence (AI) has become one of the most transformative technological phenomena in the modern digital era. This article raises fundamental theoretical and legal issues related to the classification and regulation of artificial intelligence. This study aims to examine in depth the concept, characteristics, legal nature, scope of application, and regulatory framework of artificial intelligence from an information law perspective. This study uses a qualitative method with a literature approach and a legal approach (normative juridical), where data is obtained through a literature review of various scientific literature, laws and regulations, legal documents, and relevant academic articles. In this study, the author explores various approaches in defining the concept of AI, as well as examining its legal regulations in various jurisdictions. One important finding shows that artificial intelligence law can be categorized as a legal institution within the information law framework. In addition, the issue of legal responsibility for AI actions is an important highlight, considering that artificial intelligence can act autonomously but does not yet have a clear legal subject. This article also describes the use of AI in various fields such as health, transportation, and finance, considering each sector's specific characteristics. While the benefits offered, such as efficiency and automation, the article also highlights the potential risks inherent, including privacy violations and algorithmic bias. Overall, this research provides conceptual and normative insights into the legal challenges and opportunities in the development and application of AI.
The Status of Women in Türkiye and Legal and Criminal Regulations for the Protection of Women Güloğlu, Yavuz; GÜLOĞLU , Nazife Vildan
Jurnal Cita Hukum Vol. 13 No. 1 (2025): Spring Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v13i1.46626

Abstract

Since the dawn of humanity, with few exceptions, almost all cultures and civilisations have exhibited a perspective that regards men as superior and women as inferior. However, in the Qur’an, Allah swears by the creation of both men and women, thereby attributing value to both. If men and women were not equally dignified as His servants, Allah would not have sworn by their creation. According to the Qur’an, the creation of women is not different from that of men; both were created from the same “nafs” (essence). The distinction between men and women lies in their abilities and roles. In Türkiye, legal and institutional mechanisms developed to combat violence against women and to protect the institution of the family are primarily addressed within the framework of Law No. 6284 on the Protection of the Family and Prevention of Violence Against Women. Crimes committed against women are regulated under the Turkish Penal Code, a general legislative instrument. Within the systematic structure of the Turkish Penal Code, the type of crime, the manner in which it is committed, its nature, and the identity of the victim are all considered in determining the basic and aggravated forms of penalties. The Code also provides for increased penalties in cases where crimes are committed against women. There are specific provisions for aggravated penalties in cases of intentional injury of women, torture and ill-treatment against women, and crimes against sexual inviolability when the victim is a woman. This study examines how the Court of Cassation, the highest court of appeal in Türkiye, interprets issues specific to criminal law—such as the element of premeditation, the concept of reasonable time, and the reduction of sentences due to unjust provocation—in crimes committed against women. The study also addresses practical problems arising from the interpretation of the law and offers solutions to issues observed in the case law of the Court of Cassation. Emphasis is placed on ensuring consistency in judicial decisions regarding crimes against women and on enhancing the predictability of the criminal justice system for individuals.
Digital Justice and the Right to a Fair Trial: Challenges of Videoconferencing in Criminal Proceedings Abisheva, Saltanat; Bachurin, Sergey; Kadatsky, Sergey; Brylevskiy, Andrey; Koryakin, Ilya
Jurnal Cita Hukum Vol. 13 No. 1 (2025): Spring Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v13i1.46627

Abstract

This study examines the practice of remote criminal proceedings in Kazakhstan, with a particular focus on their compatibility with the right to a fair trial as guaranteed under international human rights law and the jurisprudence of the European Court of Human Rights (ECHR). Using a mixed-methods approach, the research combines doctrinal analysis of legal sources with case study examination of actual procedural practices in Kazakhstani courts. The findings highlight significant gaps in the Criminal Procedure Code of Kazakhstan, particularly regarding the regulation of videoconference hearings and the absence of explicit provisions addressing the accused’s objections to participating remotely. While the implementation of remote justice mechanisms is often justified as a means of improving efficiency, reducing logistical costs, and ensuring timely access to justice, these benefits cannot outweigh the fundamental principles of fairness and equality of arms. The study emphasises that involuntary participation in remote hearings may undermine effective defence rights, the immediacy of oral proceedings, and the psychological perception of justice. Ultimately, the research argues for the necessity of legislative reform that establishes clearer safeguards, ensures voluntary consent of the accused, and aligns Kazakhstan’s criminal procedure more closely with ECHR standards to strike a balance between efficiency and the protection of fundamental rights.
Utilization of Artificial Intelligence in Drafting Judges' Decisions in Commercial Courts Widhayaka, Unggul Wibawa; Hamid, Adnan; Retnaningsih, Sonyendah
Jurnal Cita Hukum Vol. 13 No. 1 (2025): Spring Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v13i1.46677

Abstract

Artificial intelligence (AI) is experiencing rapid development due to advances in communication and information technology. AI is designed to create computer systems that can mimic human intellectual capabilities. Optimizing the increasingly widespread use of AI to meet societal needs has also penetrated the legal world. AI plays a significant role in the judicial process, given the increasing burden of trials and efforts to achieve speedy, simple, and low-cost justice. In line with its rapid development, it is necessary to ascertain the legal standing of AI and its role in formulating judicial decisions in courts, particularly in commercial courts. The research in this article uses a normative approach, examining applicable legal norms through dogmatic or doctrinal research. The research approach is conceptual. A literature review was conducted by analyzing previous research in the form of scientific articles, laws and regulations, and mass media related to the discussion. From this research, it can be concluded that the position of AI can be interpreted as that of a child and a parent, as subjects of civil law, who have control, as stipulated in the in loco parentis doctrine. With this doctrine, the use of artificial intelligence prioritizes human responsibility without limiting technological development. Commercial court judges apply straightforward evidentiary procedures, eliminating the need for artificial intelligence assistance in deciding bankruptcy cases. Artificial intelligence remains necessary in commercial courts, limited to the administrative scope of bankruptcy cases.
Политика Идентичности и Демократия В Индонезии (Identity Politics and Democracy In Indonesia) Setiawan, Refly; Valentinovna , Kolesova Olga
Jurnal Cita Hukum Vol. 13 No. 1 (2025): Spring Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v13i1.46829

Abstract

The article presents an analysis of the implementation of identity policy in Indonesia in its correlation with the democratic principles proclaimed by the government. The importance of having a state identity in the modern political situation is substantiated. An understanding of identity is provided from a scientific perspective, and the specifics of understanding identity in Indonesian national policy are explored. The reliance on understanding identity is based on national specifics, including traditions, state laws, symbols, and the constitution that prescribe its interpretation. The connection between identity policy and the proclaimed democracy is shown. An assumption is made about the potential for further identity formation in the country. The specifics of how the Indonesian government interprets democratic principles are highlighted. The main principles of democracy are given - "Trisila", formed by the first president of the Republic of Indonesia, Sukarno. The positioning of the political and economic aspects of democracy is emphasized. The triggers of conflicts in Indonesian society are recorded. An understanding of the specifics of "identity policy" and "political identity" is provided. The connection between democratic culture and regional political cultures is revealed. The difficulties of implementing identity politics in the regions are shown. Cultural elements such as religions, ethnic groups, and ideologies are used as instruments for promoting regional interests. Political and ethnic “gaps” are understood as defining structural elements of Indonesia’s identity politics.
Legal Reconstruction of Employee Shareholder Protection through ESOP Program from Termination of Employment Musimin, Suyono; Iriantoro, Agung
Jurnal Cita Hukum Vol. 13 No. 1 (2025): Spring Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v13i1.46886

Abstract

Article 43, paragraph 3 of Law Number 40 of 2007 concerning Limited Liability Companies allows an employee to become a shareholder of the company through the ESOP (Employee Stock Option Program). In practice, an ESOP by companies is stated in a stock option agreement that outlines the rights and obligations of employees concerning the stock options. The position of employees will certainly not be exempt from the HR management policies carried out by the company, including the Termination of Employment policy. Compensation as an employee's right when Termination of Employment occurs is Severance Pay, Long Service Award Pay, Replacement of Rights, and Separation Pay if entitled only to Separation Pay. This study aims to examine and find forms of legal protection and find weaknesses in legal protection for employee shareholders (ESOP) when laid off, and to find efforts to reconstruct legal protection for employee shareholders (ESOP) when laid off. This research is normative juridical. Using secondary data as the primary source, the research was conducted through document studies via library research, employing both statistical and conceptual approaches. The results of this study are: first, that the legal provisions regarding layoffs of employees who are also shareholders of the company through ESOPs in Government Regulation Number 35 of 2021 concerning Fixed-Term Employment Agreements, Outsourcing, Working Hours and Rest Periods, and Termination of Employment have not been able to provide maximum legal protection for the rights of employees who are also shareholders. The current reality is that when ESOP employees are laid off, the company only relies on their employee status, the reason for the layoff, and the rights clearly stated in the legislation. Second, the research findings indicate that the reconstitution of Article 40 paragraph 4 letter (c) of Government Regulation 35 of 2021 aims to provide certainty and legal protection for ESOP employees in the event of layoffs by the company.

Page 48 of 72 | Total Record : 716

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