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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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International Relations in the Perspective of Fiqh al-Siyasah Abdillah, Masykuri; Masyrofah, Masyrofah
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.v12i2.32248

Abstract

This article analyses the concept and practice of international relations according to fiqh al-siyasah, which is related to war and peace, international law, diplomacy, and international cooperation. This study emphasises the normative concept of international relations (al-‘alâqât al-dauliyyah) using international relations studies and international law. Thus, the sources of data or information in this study are the Quran, Hadis, the opinions of Muslim scholars (ulama) and theories of international relations and international law. Since the beginning, Islam has provided guidelines on relations between groups and kingdoms, which in today's context refer to international relations. In addition to the principles of international relations, the Quran and Hadith also provide normative references, which the Muslim scholars formulated as international law. Philosophically, there is a difference between secular international law and Islamic law derived from revelation understood by contextual ijtihad. However, at present, the majority of Muslim scholars believe that, in general, there is compatibility between the principles of modern international law and the principles of Islamic law, especially in the form of agreements ('uhûd and mawâtsiq), customs ('âdât), and ratio ('aql), which also recognised by Islamic law.
Exploring the Viability and Efficacy of Fresh Slate Approach in India's Evolving Insolvency Framework Singh, Vidhi; Sapre, Abhilash Arun; Shalini, Shalini; Shah, Shayeuq Ahmad
Jurnal Cita Hukum Vol. 11 No. 2 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i2.32332

Abstract

A nation's economy remains healthy and progressive because of the proper functioning of commercial and other business arrangements, transactions, and settlements. However, suppose such agreements are not concluded in the desired manner and result in failure. In that case, efforts are required to keep the corporation going with novel arrangements of liability and employment and re-negotiation between financiers. Nevertheless, the drowning company can resort to liquidation if survival becomes unworkable. The legislature and the judiciary have endeavoured to comply with and meet the objectives of the IBC. Adopting the new slate doctrine in the legal framework is one such step towards reaching the goal of the code. The code has facilitated the applicant's resolution by various means and balanced the corporate debtor's concern. The researcher has analytically analyzed this principle owing to its significance. In the initial phase, the research shed light on the doctrine of a fresh slate while referring to relevant legislative provisions and other jurisdictions. After that, the researcher explores the judicial wing's recognition and development of the doctrine. Principally, the researcher examines the status and management of disputed claims. In the latter segment, the researcher indicates the limitations and practical issues attached to the doctrine. Lastly, the researcher would make some suggestions that can be adopted and may aid in strengthening the Indian insolvency regime.
Legal Consequences of Repurchase Agreement Transaction Against Buyer with Non-Good Faith Party in Civil Law Alam, Faris Satria; Santoso, Budi; Yunanto, Yunanto
Jurnal Cita Hukum Vol. 11 No. 2 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i2.33790

Abstract

Repurchase agreements, which govern transactions within the trading community, constitute a type of securities financing that involves the purchase and sale of instruments on cross-border markets. The author examines a variety of documents about contracts, acquisitions, and document-based communication in this article. The author concurs that truthful consumers must be conscious of purchasers' challenges during transactions and that legal considerations and data transfer must be factored into mortgage and real estate transactions. Therefore, consumers must guarantee compliance with these provisions in good faith or at the very least, have confidence in their compliance. Utilizing a qualitative methodology, this study examines statutory regulations and the literature. According to the conclusion, legal repercussions may result from resale agreements with debtors (consumers) who engage in dishonest conduct during pandemic transactions or contracts. They remain perpetually if they are associated with a transaction; they cannot renegotiate or redeem the debt security.
The Investigator’s Actions to Compensate for the Harm Caused by the Crime in Determining the Form of Terminating the Preliminary Investigation Ivanov, Dmitriy; Potapov, Vasily; Vasyukov, Vitaliy; Artemova, Valeriia; Alimamedov, Elmir
Jurnal Cita Hukum Vol. 11 No. 2 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i2.34006

Abstract

Investigations into the termination of preliminary criminal investigations traditionally encompass two forms: closing a criminal case and concluding the preliminary investigation through an indictment for prosecutor transfer. Prior research has examined these processes, emphasizing the importance of procedural correctness and legal compliance. However, existing studies fall short in elucidating the investigator's actions concerning harm compensation during preliminary investigation termination. The purpose of this study was to explore the investigator's actions to ensure compensation for harm caused by a criminally punishable act during the termination of the preliminary investigation. The authors employed a holistic approach, including the general scientific method, systematic analysis, synthesis, and comparative legal analysis. The results revealed that regardless of the form of termination, measures for compensating victims of criminal acts must be taken. These include appealing against unlawful decisions, and preparing claims for rights protection and compensation in civil proceedings. Compensation for harm remains a priority throughout pre-trial proceedings, even after termination.
Termination of a Criminal Case (Criminal Prosecution) Due to the Imposition of a Court Fine Volevodz, Alexander; Ivanov, Dmitriy; Polyakov, Sergey; Bezryadin, Viktor; Alyshkin, Vladislav
Jurnal Cita Hukum Vol. 11 No. 2 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i2.34007

Abstract

Criminal cases in Russia often hinge on a critical decision during the preliminary investigation stage: whether to proceed to trial or terminate the case. While various grounds for termination exist, one central condition revolves around the compensation or reparation for harm caused by the crime. This article examines the termination of criminal cases through court fines to compensate for the damage caused by crimes. The research utilizes the general scientific method of cognition for detailed examination and analysis, the systematic approach method for procedural considerations, and methods of analysis and synthesis to identify law enforcement challenges. The study systematically analyses the legal provisions and judicial practices related to imposing court fines since 2016. Results indicate that total compensation for harm is crucial for applying termination grounds under Article 25.1 of the Criminal Procedure Code. Voluntary harm compensation often leads to the termination of criminal cases, effectively preventing the creation of a criminal record for the accused.
Preventive Activities of the National Police of Ukraine to Counteract Domestic Violence under the Current Scenario Dzhafarova, Olena; Ishchenko, Ivan; Kirika, Diana; Kachynska, Maryana; Riazantseva, Iryna
Jurnal Cita Hukum Vol. 11 No. 2 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i2.34065

Abstract

The purpose of the research is to examine the preventive activities of the National Police of Ukraine to counteract domestic violence under the current scenario. The article analyzes the main regulatory legal acts of Ukraine that regulate the adoption of urgent measures to prevent and counteract domestic violence and gender-based violence and protect the rights of persons affected by such violence. The main tasks and methods of the preventive units of the National Police of Ukraine include identification of facts of domestic violence and timely response to them; receiving and reviewing applications and reports of domestic violence, including consideration of reports received by the call center for preventing and countering domestic violence, gender-based violence, violence against children, etc. The methodological basis of the research is presented as comparative-legal and systematic analysis, the formal-legal method, the interpretation method, the hermeneutic method, as well as methods of analysis and synthesis. It is determined that the legislation of Ukraine in the field of countering and preventing domestic violence includes legislative and bylaws, departmental, and regulatory legal acts. It is noted that units of the National Police of Ukraine exercise powers in the field of preventing and countering domestic violence, taking into account international standards for the response of law enforcement agencies to cases of domestic violence and risk assessment. The general and special measures applied to abusers are specified, as well as the specifics of their application by the preventive units of the National Police of Ukraine in the field of preventing and countering domestic violence.
Reflection of Russian-Ukrainian military conflict in Indonesian and world Digital Media Syurkani, Panca; Muzykant, Valerii L.
Jurnal Cita Hukum Vol. 11 No. 2 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i2.34602

Abstract

The military conflict between Russia and Ukraine occurred in February 2022, to be precise, on the 24th. This conflict was quite significant because it resulted in many civilians fleeing and damage to various public facilities. The Indonesian people participated in providing multiple comments related to this conflict related to the military, economy, politics, and law on human rights. Therefore, the researchers want to learn more about the Analysis of the Russo-Ukrainian military conflict in the Media, especially the Indonesian people's reaction to the media coverage. The research method used is descriptive qualitative. Data collection techniques were done by observing various Indonesian media containing comments about the Russian-Ukrainian military conflict. The data that has been collected will then be analyzed in depth to find out the results of the research, which states that the majority of Indonesian media say that many people are more supportive of Russia in taking action against Ukraine because NATO broke the agreement that was made before. Meanwhile, in terms of human rights, this conflict has committed several fakes as well as human rights violations, such as cases of sexual harassment, murders without prior trial, destruction of facilities, and so on, as stated in international human rights law as contained in the Universal Declaration of Human Rights article 3, Article 5, Article 6, Article 10, Article 13, Article 20, and so on. In addition, Indonesian people who are consumed by information write various negative comments smelling of defamation, also violating the rules regarding human rights as per the 1945 Constitution and the laws that apply in Indonesia.
Implementation of Caning Punishment in Nanggroe Aceh Darussalam Province in a Human Rights Approach Taufiki, Muhammad; Albani, Sonifah; Kamarusdiana, Kamarusdiana
Jurnal Cita Hukum Vol. 11 No. 2 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i2.34607

Abstract

The Nanggroe Aceh Darussalam Provincial Government is one of the regions that has special autonomy. This is as regulated in Law Number 11 of 2006 concerning the Government of Aceh. The Islamic criminal law that emerged in Aceh is different from criminal law in general. Among the applications of criminal law in Aceh is caning. There is a conflict between the Aceh Qanun regarding the Jinayat law and the Governor's Regulation regarding the application of the caning law. Initially carried out in an open place (mosque courtyard), it was then moved to a closed place, namely a correctional institution. The research method used in this research is a qualitative method with an empirical approach and a statutory regulatory approach. The results of the research state that the transfer of caning punishment has been in the spotlight since this regulation was discussed until the publication of this legal product. So there needs to be a more in-depth and comprehensive study in order to find the best solution in enforcing Islamic criminal law.
Legal Aspects of Sharing Economy Business Model Iswandi, Andi
Jurnal Cita Hukum Vol. 11 No. 2 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i2.34616

Abstract

The swift advancement of the sharing economy has introduced novel issues in company regulation and equity, particularly in a Muslim-majority nation such as Indonesia. The Qur'an establishes a framework of principles, including justice, transparency, and cooperation, pertinent to contemporary business activities. This study aims to uncover legal concepts in the Qur'an applicable to the sharing economy and to explore how Indonesian rules may be modified to accord with these principles. The employed study methodology is qualitative, incorporating a literature review that utilises primary sources from the Qur'an and Islamic law, alongside a normative legal framework to examine legislation pertinent to the sharing economy sector in Indonesia. The study's findings suggest that adopting the sharing economy business model aligns with Qur'anic principles, including equitable profit distribution, the prevention of exploitation and uncertainty (gharar), and the significance of accountability and responsibility in commerce. In summary, implementing legal principles derived from the Qur'anic perspective can facilitate the establishment of equitable and transparent regulations that promote the development of the sharing economy while fostering social welfare and confidence among business entities and consumers. This study underscores the necessity of aligning contemporary rules with sharia principles to establish a just, sustainable, and Qur'anic business environment.
An Overview of Digital Media Literacy in Digital Bangladesh Hossain, Barek; Fatima, Mobassera Jahan; Muzykant, Valerii L.; Hoesin, Cut Fitri Indah Sari; Nahiduzzaman, Md
Jurnal Cita Hukum Vol. 11 No. 2 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i2.34755

Abstract

The emergence of Web 2.0 has had an immense impact on the worldwide communication system, including the media. Therefore, traditional media outlets have shifted their focus exclusively to digital platforms. As a blessing of the rise of social media platforms, presses have been able to disseminate information swiftly, solicit reader criticism, and engage in two-way contact. However, gaining literacy, media, and digital media literacy competencies are crucial to benefiting from these information technologies. Besides, by acquiring these literacy skills, citizens of a developing country such as Bangladesh can significantly impact that country's Sustainable Development Goals (SDGs). Moreover, these competencies can help a country's citizens be more aware of fake news, misinformation, disinformation, and malformation. In this regard, the main objective of this article is to give an overview of digital media literacy in Bangladesh. For this purpose, the secondary data analysis method has been used to shed light on the digital inclusion process and development of information and communication technologies (ICT) in Bangladesh. Also, a literature review has been conducted on existing research on digital media literacy in the country. Finally, this research concluded that although the digital Bangladesh process has achieved great success in the short term, the supply of reasonable access to ICT for all the country's citizens will need more time. Thus, Bangladesh's government and non-government organizations and citizens need to go the extra mile to minimize this digital divide. Therefore, some potential components considered in the digital divide are citizens' position in rural vs. urban areas, literacy and income status gaps, and age range. 

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