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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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Realizing Restorative Justice Through Rehabilitation For Narcotics Abuse As An Implementation Of The Principle Of Dominus Litis Kania, Dede; Anggraeniko, Litya Surisdani
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.v11i3.34756

Abstract

Rehabilitation is one form of restorative justice in Indonesia's criminal justice system. The rehabilitation practice is also able to reach drug abusers. The condition of correctional institutions that are overcapacity is the reason for the importance of alternative punishment for narcotics cases. On the other hand, narcotics are the category of victimless crimes, so the victims and perpetrators must be protected to reduce other impacts. This research uses the juridical-normative method by studying legislation and principles of criminal law. The results represent that the prosecutor's office has an important role in realising restorative justice in drug cases based on the dominus Litis principle. The use of rehabilitation is limited to drug abusers who commit criminal acts against themselves. It is still necessary to reorient the policy of terminating cases of narcotics abuse by the prosecutor's office so that the implementation of rehabilitation is truly compatible with the principle of victim protection in punishment.
Стиль Руководства Президента Индонезии В Решении Национальных Проблем (Indonesian President's Style of Leadership in Addressing National Problems) Suraya, Rahmat Syahid
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.v11i1.35139

Abstract

The study examines the leadership style and political landscape of seven Indonesian presidents. From President Sukarno to President Joko Widodo. The method used in this research is a qualitative research method with a literarure approach. This study uses the Northouse theory (2016), which describes 15 styles of leadership: character approach, skill approach, behavioral approach, situation approach, pathway theory, theory of exchange of leaders-members, transformational leadership, authentic Leadership, Servant Leadership; adaptive Leadership: psychodynamic approach; leadership ethics; team leadership; gender and leadership. The findings of this study show that the leadership styles of the seven Indonesian presidents differ from each other. President Sukarno is associated with the Character Approach, President Suharto with the Path-Goal Theory, President BJ Habibie with the Behavioral Approaching, President Abdurahman Wahid with the Skill Approximation, President Megawati Soakarno Princess with Gender and Leadership, and President Joko Widodo with the Servant-style Leadership Approche.
Crime in Ukraine in Conditions of Martial Law Bohatyrova, Olha; Yurchyshyn, Vasyl; Buriak, Kateryna; Mykhalik, Oleksandr; Marchuk, Valerii
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.v11i3.35788

Abstract

The article examines criminality in Ukraine in conditions of martial law. It has been proven that crime is a social phenomenon that cannot exist outside the social environment because it manifests itself in crimes and criminal misdemeanors of a certain part of society’s members. Substantiated is opinion that crime with its ideology, dynamics, and geography causes globalization processes that change, improve or worsen people’s lives, their rights and freedoms, which are undoubtedly related to many objective and subjective factors of society development. An analysis of modern concepts presented in works of domestic scientists has been carried out. The author’s definition of crime in conditions of martial law has been formulated and its main features has been revealedKeywords: Administrative-Legal Aspect, Environmental Aspect, Decentralization, Customs Aspect, Public Authority, Local Self-Government, Social Aspect.
Система Гражданского Права в России и Ее Сопоставление с Другими Правовыми Системами (Civil Law System in Russia and Its Comparison with Other Legal Systems) Bisay, Ocrella Trisella Vera; Nur, Rohim; Paramitasari, Shinta
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.v11i2.35884

Abstract

This article explores the civil law system in Russia and compares it with other legal systems. The main focus is on the historical roots and influence of the Roman-Continental legal system in the formation of Russian civil law. By analyzing the Russian Civil Code, this article investigates the structure, principles, and unique characteristics of the Russian civil law system. Comparisons are made with the common law legal system, the Islamic legal system, and the socialist legal system that previously influenced Russia during the Soviet Union. The comparative results highlight essential differences in approaches, legal sources, and the role of courts between these systems. This article has the potential to provide in-depth insights into the evolution and context of civil law in Russia, as well as its implications in the global legal framework.
Judge's arguments in decisions involving Sharia economic disputes in the regional religious courts of Jakarta, 2015–2022. Rahman, Faqih Zuhdi; Siradj, Mustolih; Asadurrahman, Asadurrahman
Jurnal Cita Hukum Vol. 12 No. 1 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i1.35955

Abstract

Judges must be capable of settling sharia economic issues without departing from accepted sharia principles. When weighing each decision, the judge takes into account the DSN-MUI Fatwa, which serves as a manual and a mechanism for the implementation of sharia economic activities in Indonesia, as well as KHES, which serves as the primary legal framework for religious courts handling sharia economic disputes. This study intends to map the judges' arguments in sharia economic issues and explain how the National Sharia Council-Indonesian Ulema Council (DSN-MUI) Fatwa and the Compilation of Sharia Economic Law (KHES) are applied in Religious Court rulings involving sharia economic disputes. A qualitative approach is applied in the study methodology, which is normative legal research. The study's findings demonstrate that the judges' arguments in sharia economic matters in the Jakarta Regional Religious Court jurisdiction reflect their own viewpoints. The judge's arguments in the five Religious Courts in the Jakarta region frequently reference the Civil Code for legal justifications. The DSN-MUI Fatwa and KHES must be applied as effectively as possible. The use of KHES is only used in specific articles, namely using Articles 36 and 38 of the Compilation of Sharia Economic Law and the DSN-MUI Fatwa, which is mostly used in matters of compensation or ta'widh or sanctions for customers who are unable to fulfill their obligations, according to an analysis of sharia economic case decisions at the Jakarta Regional Religious Court.
Chemical Castration Punishment Sanctions for Pedophilia Perpetrators in Indonesia Burhanudin, Burhanudin
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.v11i3.36025

Abstract

Chemical castration is an additional sanction for the criminal act of pedophilia contained in Law Number 17 of 2016 and Government Regulation Number 70 of 2020 as its implementing regulations. It is hoped that chemical castration will have a deterrent effect on pedophiles and can reduce the rate of sexual crimes in the future. However, on the other hand, chemical castration sanctions are considered a form of human rights violation. In Islamic law, the punishment of castration is based on al-maslahah, then the punishment of castration is recommended, whereas if it is based on al-maqassid as-syar-iyyah then the punishment of castration is not justified. The research method used is a normative juridical qualitative method with a statutory approach and a literature approach. The data sources used are secondary data in the form of child protection laws and implementing regulations, namely Government Regulation Number 70 of 2020. The results of the research state that the implementation of chemical castration sanctions is contrary to human rights and is not recommended in Islamic law because it can use criminal sanctions that are other.
Development of the Institution of Administrative-Territorial Structure of the Russian Federation Belyavskiy, Dmitriy; Mukhachev, Igor; Tereshchenko, Nikolay; Pogozheva, Olga; Strutinskaya, Tatyana; Avanesova, Anna
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.v11i3.36083

Abstract

The purpose of this article is to investigate the problems of the administrative-territorial structure of the Russian Federation. The study reviews the work of leading researchers in the field of constitutional law and deals with regional aspects of the problem based on the example of the Stavropol Territory. The research method used is a qualitative research method by adopting a comprehensive research approach to investigate challenges related to the administrative-territorial structure in Russia, with a special focus on the Stavropa Region. The results of the study indicate that adequate federal legal requirements regarding the status of Caucasus Mineral Water have not been provided.
Role of the doctrine of legal customs in the formation of European law in the Middle Ages Komnatnaya, Yulia; Miroshnikov, Evgeny; Saveleva, Irina; Bidova, Bela; Boltenkova, Yulia
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.v11i3.36084

Abstract

The purpose of this article is to analyze the medieval legal doctrine of legal customs as a source of law. The author uses comprehensive historical analysis based on traditional scientific cognition methods for jurisprudence, such as analysis, synthesis, deduction, and induction. The issues of the correlation of legal custom and law in Europe in various periods of the Middle Ages, the influence of customary law on the formation and development of substantive and procedural law, as well as the formation of civil and commercial legislation in European countries, are discussed. The research method used is a qualitative research method with a literature and legislation approach. The research results state that understanding of custom developed during the Middle Ages, leading to its recognition as an independent source of law on a par with statutory regulations.
Electronic Judicial Procedure as an Element of Access to Justice Regarding Protection of Rights of Individuals: Legal, administrative, Theoretical and Informational Aspects Kulinich, Olha; Leheza, Yevhen; Zadyraka, Nataliia; Taranenko, Kseniia; Kostiuk, Tetiana
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.v11i3.36298

Abstract

The purpose of the research is to consider electronic judicial procedure as an element of access to justice regarding protection of rights of individuals. Main content. It has been established that that certain elements of digitalization of social processes change the social space and, in particular, the mechanisms of judicial proceedings. In the process of the development of society, certain factors came to life and these factors led to the growth of the role of information, and therefore to a clearer allocation of the information function in the field of jurisprudence. Development of society and science requires introduction of new technologies into the judicial system of Ukraine. 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. The following conclusion was made that the need to use information technologies in the judiciary is due to the global informatization of the modern society, the development of new forms of interaction in the civil sphere with the use of electronic means of communication: the global Internet, mobile and satellite communication systems, etc. “Electronic justice” involves the use of information and communication technologies in the process of implementing procedural legislation. The novelties of the judicial system are aimed at expanding accessibility of justice in conditions of territorial peculiarities of the Ukrainian state, improving the quality of the process and efficiency, achieving transparency and openness of the judicial system.Key words: electronic judicial procedure, access, justice, protection, rights of individuals.
Endowment Sukuk (Shares) to Finance Scientific Services in Universities (A Comparative law Study) Eid Bleek, Adel Abdel-Fadel
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.v11i3.36560

Abstract

The endowment was one of the most important means of scientific, intellectual and cultural progress for the Islamic countries throughout the years of our civilization; as it contributed to building the edifices of science and culture, and publishing them through mosques, schools, institutes and libraries. A large group of scholars, innovators, and researchers graduated from these endowment scientific institutions in various branches of human and cultural knowledge. Today, the endowment plays a prominent leading role in the scientific renaissance and knowledge advancement in the Islamic society. Also, many universities in Islamic and non-Islamic countries rely on the endowment to finance their scientific and research activities, and to raise the level of their research, researchers, and graduates. This study aims to clarify the importance of endowment Sukuk to provide cash liquidity for educational services, and to provide the necessary tools for these services, and the possibility of providing scientific competencies specialized in the various fields of teaching and scientific research, to contribute to scientific and social progress. This research study also combines the deductive and inductive approaches, in addition to following the comparative jurisprudential research methodology, by studying, analyzing and deducing in the light of the writings of scholars and researchers.

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