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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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Liability of Insurance Companies for Unfair Terms in Iranian Law Shahbazi, Reza; Hazrati, Samad
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.
Administrative, Financial, Criminal-Legal and Theoretical-Methodological Aspects of Regulating Social Relations Leheza, Yevhen; Korniakova, Tatiana; Soldatkin, Igor; Rozmosh, Vladyslav; Opatsky, Roman
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.
Environmental Protection Funds As A Component Of National Financial And Environmental Security: Administrative And Legal Regulation Сhupryna, Liudmyla; Zadyraka, Nataliia; Koshlia, Andrii; Chabanenko, Mykola; Rostislav, Lemekha
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.
Examining the Loopholes in the criminal justice system of Iran and Indonesia in relation to piracy crimes Rahmanian, Abdul Majid; Talebpour, Mansour; Raijian Asli, Mehrdad
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.
Government Liability to Damages Due to Defective Provision of Health Services in Turkey Guloglu, Yavuz; Yargıcı, Recep
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.v10i3.28014

Abstract

Health service is one of the essential public services offered by the Administration with a very comprehensive and expansive staff, and due to the comprehensive nature of the service provided and the fact that the beneficiaries of the service constitute almost every segment of society, many different appearances of defect that may include the compensation responsibility of the Administration may arise. Therefore, the study is mainly about the service defect and the compensation responsibility of the Administration in providing health services within the scope of the responsibility of the Administration based on service defect. In the study, the concept of the responsibility of the Administration and the concepts of defect liability and strict liability, which are the types of responsibility of the Administration, will be discussed first. All will examine the conditions of the responsibility of the Administration. Then, the concept of service defects and the different appearances of service defects, such as poor service, late service, non-operational service, and severe service defect, will be examined. Finally, the service defects specific to health services, which constitute the main framework of the study, will be discussed in light of the decisions of the Council of State on this issue.
Implementation of Business and Human Rights Principles (UNGPs) in the Protection given to Indonesian Laborers: Gender Perspective Putra, Arsyi Manggali Arya; Hidayah, Nur Putri
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.
Analysis of Law Enforcement Problems Related to Crime of Environmental Degradation Caused by Corporations in Indonesia Hamzani, Achmad Irwan; Taufik, Moh.; Mukhidin, Mukhidin; Khasanah, Nur
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.
Resolving Hibah Disputes Involving Shared Property Nasution, Hotnidah; Muchtar, Ahmad Rifqi
Jurnal Cita Hukum Vol. 11 No. 3 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i2.29762

Abstract

In the Islamic legal context, hibah has both worship and economic aspects. However, its practice often leads to problems when one or more terms determined by Islamic teachings are ignored. Among the violations in grant practice is granting hibah from property not fully owned by grantor. This paper aims to examine issues in resolving disputes on hibah (property granting) involving a shared property owned by a husband and wife. This study focuses on the examination of two judicial verdicts issued by the Religious Court (Verdict No.354 /Pdt.G/2022/PA.Pt) and the Appellate Religious Court (Verdict No. 222/Pdt.G/2022/PTA. SMG) on hibah dispute where hibah property contains shared property. This study finds that there are two approaches used by the judges in dealing with the issue. First, in the first instance court considered hibah void and revoked hibah. Similarly, the appellate court annulled hibah transaction but considered some part of the property to be rightful for grant. This is because hibah is taken from the property owned by grantor, which has been separated by his wife's property.
Existence of customary law in Indonesian criminal law Helmi, Muhammad Ishar; Pujiyono, Pujiyono; Zada, Khamami
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

Currently, the scope and regulation of the criminal law system which only recognizes written law is deemed unable to accommodate the various legal needs of indigenous peoples who are still alive today. This is due to the principle of legality of criminal acts which is oriented towards individual-liberalism, not the plurality of society. Therefore, recognizing acts that violate customary law within the framework of the national legal system is considered appropriate in meeting the legal plurality needs of indigenous communities. The rigidity and arrogance of the current legalistic view of criminal law is no longer able to respond to plurality and a sense of justice, especially for customary law communities, because the reality of indigenous people's lives shows that there are countless customary law provisions outside of the law, which continue to live and are obeyed in every vein. community group members. The research method used in this study is a normative legal research method with a socio legal research approach. The socio-legal approach is intended as an approach in legal research that is focused on studying legal phenomena from the perspective of social sciences. The research results state that the position of traditional justice institutions is actually in a state of existence and absence, on the one hand it is not recognized by the Indonesian positive legal system but there are practices of these traditional justice institutions. However, cases decided based on customary law can still be found in a very limited number of cases.
Цифровая грамотность как средство от инфодемии Covid-19 в Индонезии (Digital Literacy as an Antidote to Covid-19 Infodemic in Indonesia) Hoesin, Cut Fitri Indah Sari; Poplavskaya, Natalia V.; Hossain, Barek
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.v10i3.30010

Abstract

Since the beginning of the pandemic, incorrect information or fake news related to Covid-19 spread out uncontrollably and caused panic and unrest in the community. This is in line with the report from the Ministry of Communication and Information of the Republic Indonesia that as of February 2022, there are 2121 fake news related to COVID-19 or the infodemic circulated in social media in Indonesia. For this reason, the need for the role of digital literacy in preventing and anticipating infodemic is discussed in this paper. Using a qualitative research approach with library research methods, it was found that the need of digital literacy to raise awareness of selecting and checking the sources of information, training critical thinking to every information, the importance of developing skills to identify incorrect information, and correcting infodemic in the society.

Page 64 of 72 | Total Record : 716

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