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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 739 Documents
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Indian Judiciary on Domestic Violence: Decoding Recent Trend Yadav, Maneesh; Sahil, Gurudev; Yadav, Pratistha; Goel, Ayush
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.v11i3.36653

Abstract

The stark malignancy of domestic violence which is also referred as intimate partner violence on the state of women hood can be determined by the prevalence of it in the present society. It bears to push women to the brink and fringes of deemed societal ladders.  The brunt of domestic violence lead to exploitation of women be it in the form of physical or be it mental and occurs chiefly in their matrimonial homes. The detrimental effect of this abuse and exploitation regrettably imprints itself not only on the suffering females but to the entire family including children which in turn causes monetary, health and societal issue and concerns.  What separates domestic violence from other crimes and abuses is that in Domestic violence there is familial interrelatedness and hence the victim is a known of the complainant. In contrast to the modern trends of raising the bar of rights for women the domestic violence is considered as a major road block and its waning as precursor for the society to bring female rights at par. However, on the other spectrum an alarming fact has been observed by the judiciary about the registration of sham cases against the husband or his family members or both for the purposes of harassment or extorting money. To carry off the said object the complaints are registered by overstating the facts, by addition of conjectures, overplaying the financial conditions of the husband or his family and misrepresenting relevant facts and materials. The supreme court opined in Rajesh Sharma v. State of U.P. that the bulk of the cases are filed impetuously and over trifling matters.   To comprehend the say of Indian judiciary on instances of false domestic violence and sham complaints registered by the complainant, secondary data-based research is conducted. Landmark Judgement from the apex court and different High Courts are also analyzed. Endeavor has been made to appreciate the liabilities and legal rights of both the parties in the cases of intimate partner violence which is perpetrated towards one another.
Political and Legal Aspects of The Israeli and Palestinian Conflict Abdurofiq, Atep; Putra, Gilang Rizki Aji
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.v11i3.37119

Abstract

The Israeli-Palestinian conflict has a long history spanning several decades and encompasses intricate political and legal dimensions. This battle not only had repercussions for both parties involved but also garnered international scrutiny and emerged as a significant matter in global diplomacy. This article seeks to examine the political and legal dimensions of the conflict, namely Israel's diplomatic acts that contravene international legal standards, as well as the suggested and implemented attempts for resolving the conflict. This study employs qualitative research methodologies with a focus on reviewing existing literature. The literature review includes the examination of international legal documents, UN resolutions, and peace accords, as well as articles and books that analyze the Israeli-Palestinian issue from a political and legal standpoint. The collected data is evaluated to discern patterns of lawlessness exhibited by Israel and assess the efficacy of different conflict resolution strategies. The research findings indicate that Israeli diplomatic acts frequently contravene the tenets of international law, such as engaging in unlawful occupation and establishing colonies in Palestinian lands. Despite the implementation of multiple resolutions and diplomatic initiatives aimed at resolving the issue, the outcomes have been restricted and frequently hindered by political motivations and a mutual unwillingness to make concessions. To establish durable peace, it is necessary to adopt a more comprehensive approach and include the international community in addressing the Israeli-Palestinian problem. 
Legal Culture Obligation to Submit Tax Data and Information from Agencies, Institutions, Associations, and Other Parties Maryano, Maryano; Natalius, Natalius; Anggraeni, RR Dewi
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.v11i3.37474

Abstract

Law Number 28 of 2007 and Government Regulation Number 31 of 2012 mandate the provision of tax data by government agencies, institutions, associations and other parties (ILAP) to the Directorate General of Taxes (DJP). Even though criminal sanctions have been regulated, the implementation of these obligations is not optimal. DJP adopted alternative methods, such as a Memorandum of Understanding/MoU, to obtain tax data from ILAP. This research uses a research method that focuses on positive law with the theory of legal certainty by Gustav Radbruch, the theory of authority by Max Weber, and the theory of taxation by Adam Smith. The results of the research show that there is a discrepancy in the implementation of the obligation to submit tax data with positive law and the theory of legal certainty. Steps are needed to create a Memorandum of Understanding/Agreement/MoU up to a Cooperation Agreement by the DJP with ILAP to make the obligation to submit tax data and information from ILAP run smoothly in accordance with the study. theory of authority by Max Weber. To realize legal certainty in these regulations and to increase state revenues in accordance with the study of tax theory by Adam Smith, it is recommended that there be changes to norms in Law Number 28 of 2007 by adding an article regarding the making of a Memorandum of Understanding/MoU/Cooperation Agreement to increase legal certainty. and contribution to state revenue.Keywords: Reconstruction of Obligations; Data Submission; Tax Information; Legal certainty
Restitution as a Prerequisite for Case Termination: Analyzing Conditional Exoneration in Russian Criminal Procedure Grinenko, Aleksandr; Ivanov, Dmitriy; Kleshchina, Elena; Alyshkin, Vladislav; Bezryadin, Viktor
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.v12i1.37741

Abstract

In this scholarly article, the researchers methodically examine the protocols involved in discontinuing criminal cases through the conciliation of the involved parties, as well as ceasing criminal prosecution on the grounds of active contrition, contingent upon the pivotal requirement of recompensing the damage inflicted by the criminal act. The study substantiates that the investigator, or the individual responsible for the preliminary inquiry, bears the mandatory duty to ascertain, via investigative measures, that the injury wrought by the criminal offence has been comprehensively redressed. The authors delineate that the transcript of the victim's interrogation is the most prevalent procedural document, signifying that the conciliation procedures are mutually satisfactory, voluntary, and indicative of the parties' willingness and preparedness to reconcile. Conclusively, the authors infer that exemption from criminal accountability and the consequent cessation of the criminal case, predicated upon reconciliation or earnest remorse, is contingent upon the substantiated evidence of actual compensation for the harm engendered by the criminally punishable deed.
Impact of the Digital Transformation of Society on the Determination of Optimal Punishment Models to Counter Crime Krainova, Nadezhda; Gaag, Irina; Poshivailova, Anna
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.v12i1.37743

Abstract

This study aims to define the essence of punishment from both retrospective and prospective perspectives, particularly in the context of the digital transformation of society. The study draws on qualitative methods, including a comprehensive analysis of contemporary scientific literature and expert interviews, to examine the evolving nature of punishment. The analysis is grounded in the views of prominent researchers and theorists, allowing the authors to develop their theoretical provisions regarding the moral nature of punishment. These provisions emphasize the importance of maintaining the human element in the penal system, arguing that the moral judgment inherent in punishment should not be entirely entrusted to digital instruments or artificial intelligence. Instead, the study advocates for a balanced approach that recognizes the potential of digital tools to enhance efficiency while cautioning against their excessive use in penological practice. Furthermore, the study highlights probation techniques as a key means of individualized crime prevention, suggesting that these techniques should remain central to the penal system in an era of digital transformation. By focusing on the human capacity for moral judgment and individualized prevention, the study proposes that the role of digital tools should be supplementary rather than central. In conclusion, the study recommends that legislators and practitioners prioritize the preservation of human judgment in punishment practices, using digital tools cautiously and ensuring that they do not undermine the moral and individualized aspects of justice. The findings suggest a need for further research into the ethical implications of digitalization in criminal justice, particularly regarding the balance between human and digital roles in punishment.
The Rights of Leave of Absence of Civil Servants Bucaktepe, Adil
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.v12i1.37929

Abstract

Civil officials have several rights conferred by the Constitution as well as by laws and regulations to facilitate the successful execution of their responsibilities. These rights encompass the entitlement to the appointment, provision of service and security, retirement, resignation, the ability to initiate a complaint or legal action, the formation of a trade union, collective bargaining, leave from employment, special considerations in prosecution and trial, protection against accusations and defamation, as well as the right to remuneration and travel expenses. This paper will succinctly examine the overarching rights of federal servants and will thoroughly analyze the "right to leave." Article 50 of the Constitution of the Republic of Turkey ensures employees' entitlement to a day off, while statutory regulations govern paid weekly and annual leave as well as official holidays. Furthermore, Article 23 of the Government Servants Law No. 657 mandates that government servants are entitled to leave under conditions and durations prescribed by law, enabling them to take leave for rest or other purposes. Within this framework, the legislation governs five types of leave: yearly leave, special leave, sick leave, compassionate leave, and unpaid leave. This study employs a qualitative methodology encompassing two primary approaches: a literature review and a legal analysis. The literature review is conducted by examining several academic sources, books, and journals pertinent to the rights of civil servants, particularly the right to quit. This analysis examines the evolution of leave-related rules and regulations across various international contexts and their implementation in Turkey. The legal framework is employed to examine the statutes and regulations pertaining to the rights of government servants in Turkey, encompassing Article 50 of the Constitution and Law No. 657. This article assesses the alignment between legal theory and practice on the right to leave. The study's findings indicate that, despite the legal promise of leave for federal personnel, its execution frequently encounters challenges, particularly concerning the duration and requisite administrative conditions. This paper presents an extensive analysis of government servants' leave rights in Turkey and proposes enhancements for the execution of this right to promote equity and well-being among civil servants.
Analysis of the DPR's Position in the Process of Forming Islamic Law in Indonesia Based on Taqnin Theory Arsadani, Qosim; Andriyani, Elisa Eka
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.v12i1.38590

Abstract

This article explores the role of Indonesia's People's Representative Council (DPR) in shaping Islamic law, employing the Taqnin theory as a guiding framework. Taqnin theory is a crucial conceptual tool in understanding how the DPR contributes to crafting legislation aligning with Islamic principles. Beyond its legislative function, the DPR serves as an interpreter of religious precepts, navigating the intersection between Islamic values and societal needs. By applying Taqnin Theory, the DPR crafts laws in line with Islamic teachings and ensures their relevance within evolving social contexts. The analysis underscores the DPR's role in formulating laws reflecting Islamic values while considering formal legal, moral, and ethical dimensions inherent in Islamic teachings. This process illustrates the active engagement of the DPR in crafting laws that not only address religious imperatives but also respond to social exigencies and communal values. Despite the constructive guidance provided by Taqnin Theory, the article also addresses challenges in its implementation, such as interpretational disparities, community resistance, and political dynamics shaping Islamic law formation in Indonesia. As outlined in the article, the historical trajectory of Islamic law legislation in Indonesia offers insight into its evolution from the colonial era to its integration into the national legal framework. By examining the status of Islamic law in Indonesia, the article delineates the dynamics of a legal system comprising national and customary laws. While Islamic law significantly influences domains such as marriage, inheritance, and Sharia-compliant financial institutions, the foundational principles of Pancasila embody a state ethos characterised by inclusivity and tolerance towards religious and cultural diversity. Moreover, the article underscores the positive legal outcomes of applying Taqnin, underscoring its significance in understanding the process of Islamic law formation in Indonesia.
Protection of the Rights, Freedoms and Interests of Ukrainian Citizens in Court Proceedings During the War Kyrychenko, Yurii; Kurakin, Oleksandr; Kyrychenko, Viktor; Nazarenko, Pavlo; Baieva, Liliia
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.v12i1.38591

Abstract

The article aims to reveal access to justice during wartime in cases related to protecting citizens' rights, freedoms and interests. Active hostilities are taking place in most regions of Ukraine, making it impossible to deliver justice in administrative courts. However, the High Council of Justice has resolved this issue properly, so access to justice in Ukraine during wartime in cases related to protecting citizens' rights, freedoms and interests is currently possible following the Constitution of Ukraine. Courts are obliged to administer justice even under martial law, and their powers are not suspended. To ensure access to the Court, the Supreme Court changed the territorial jurisdiction of about one hundred courts in Ukraine. In connection with the introduction of martial law in Ukraine, all procedural terms shall be renewed, consideration of cases shall not be stopped, and excessive formalism on the part of judges shall not allowed. The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, interpretation method, hermeneutic method, and methods of analysis and synthesis. The article analyzes the Decision of the ECtHR, and based on this, the author concludes that the ECtHR considers financial costs as an obstacle to accessing justice. Access to Court is adequate only when a person will have a real opportunity to challenge wrongful actions in practice. According to the ECtHR, the construction of Article 6 of the Convention is effective only if the case is considered in Court. The ECtHR singles out the right to access the Court as a component of the right to a fair trial. Attention is drawn to the fact that courts must take all measures to restore violated rights.
Legal Regulation of Ensuring Human Rights in Ukraine During The Introduction of Martial Law: Constitutional, Administrative and Theoretical Aspects Kantor, Nataliia; Ivantsova, Zoia; Darahan, Valerii; Velkov, Anatolii; Andreiev, Dmytro
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.v12i1.38634

Abstract

The purpose of the article is to reveal the provision of human rights in Ukraine under the conditions of martial law. Human rights and freedoms are the highest value, but their characteristic feature, as a fundamentally important feature of a progressive society, consists in historical instability, variability and subordination to socio-economic processes in the state, which contradicts the established principles of humanism but remains typical in war conditions. Within the scope of the scientific study, it was determined that human rights have a characteristic of evolution together with society and the state, and therefore, taking into account the complexity of the events taking place on the territory of modern Ukraine, the study of the available range of problems has a particularly important scientific and practical role. A study of the available range of problems was carried out using comparison, abstraction, analysis, and generalization methods. In the course of the study, the essential characteristics of the social category were determined, particularly the theoretical and methodological foundations of ensuring observance of human rights in conditions of martial law (the regulatory and legal basis). Summarizing the events taking place in Ukraine as a result of the treacherous armed aggression of the Russian Federation, it was concluded that under conditions of war, human rights are of the highest value.
Corruption in Higher Education; A Comparative Studies on Whistleblowing System between University of Stanford and Universitas Indonesia Rizqiyanto, Saomi; Anwar, Muhammad Chaerul; Antuli, Rezky Ramadhan
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.v12i1.38693

Abstract

This study seeks to demonstrate the utilisation of the whistleblower system in higher education to mitigate academic dishonesty and fraud, emphasising a comparison between Stanford University in the United States and the University of Indonesia. The study's findings indicate that both universities acknowledge the significance of witness protection within the whistleblowing framework, particularly to safeguard the safety and security of whistleblowers. Stanford University and the University of Indonesia provide conventional reporting mechanisms; nevertheless, Stanford University possesses superior reporting governance and regulations. Both schools offer application-based reporting mechanisms; however, Stanford University maintains an exceptional framework for reporting management rules and whistleblower protection. This study's conclusions aim to assist Indonesian universities in establishing efficient reporting methods and procedures to eliminate corruption and enhance academic integrity. This study employs a qualitative research methodology encompassing two primary approaches: a literary approach and a law approach. The literature review method examines academic literature, publications, and regulations about whistleblowing in higher education institutions in the United States and Indonesia. This literature analysis examines the optimal practices of whistleblower systems in several international universities and their implications for higher education in Indonesia. A legal framework is utilised to explore the existing regulations and statutes, specifically concerning witness protection, whistleblower security, and the enforcement of academic integrity. This entails an examination of the legislation and internal university policies concerning whistleblowing in each nation. The study offers a comprehensive comparative analysis of the effective implementation of whistleblower systems in Indonesian universities, along with recommendations for enhancing reporting governance policies to foster a more transparent and accountable academic environment.

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