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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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Settlement of Criminal Cases through Integration Customary Law Values Angkon Muakhi in Lampung Province Hasan, Zainudin; Dewi, Erna; Fardiansyah, Ahmad Irzal; Setiawan, Refly; Abdurrahman, Abdurrahman
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.v12i1.38837

Abstract

The current Indonesian criminal law, although it has used the restorative justice method, has not been able to resolve the core of the problem and has not restored balance in society, so the settlement of criminal acts is not complete to the community, the victim and the victim's family. The importance of criminal law policies for the settlement of criminal cases through the integration of Angkon Muakhi law is to realise justice, benefit, balance, and kinship in criminal law enforcement. This research method uses the combined theory paradigm and mixed legal system to generate new ideas in settling criminal cases. This research is normative juridical and empirical juridical research with a socio-legal approach. In-depth interviews were carried out in primary data collection; sources were determined by the snowball method, while secondary data collection was carried out using a literature study. The findings of this study indicate that the enforcement of criminal law at this time still does not involve the community. There are still the rights of victims' families and communities that have not been restored; even though restorative justice has been resolved, it still leaves disputes, seeds of conflict and grudges both from the victim, the victim's family and the surrounding community. Prison sentences are still prioritised in light cases and negligence, both in the investigation process, prosecutors' demands, and the judge's decision. The importance of resolving criminal cases through integrating the customary law values of Angkon Muakhi, which can resolve cases, conflicts, hostilities and disputes between perpetrators, victims and the community.
Индонезийские СМИ о специальной военной операции России (Indonesian media about Russia's special military operation) Syurkani, Panca; Muzykant, Valerii L.
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.v12i1.38838

Abstract

The Russian-Ukrainian military conflict often makes headlines in many media outlets around the world, including media in Indonesia. However, unfortunately, some media outlets publish fake news regarding the Russian-Ukrainian military conflict. This study examines fake news about Russia's special military operation in Indonesian media. The research method used is descriptive-qualitative. The data collection methodology was carried out by observing various Indonesian media outlets that published fake news related to the Russian-Ukrainian military conflict in Indonesian media. The collected data was then carefully analysed. Based on the analysis, it was established that several media outlets in Indonesia have been proven to disseminate false information regarding the Russian-Ukrainian military conflict that took place in 2022. While some of the above reports related to the Russian-Ukrainian army conflict have been proven fake news or hoaxes, the government does not impose sanctions on journalists or media outlets that publish such information. This is because journalists and media did not check the legitimacy of the information and did not fact-check. After verifying that the government has taken some steps to restore order in this area, the amount of fake news regarding the current Russian-Ukrainian military conflict has decreased significantly.
Provisions on investment registration certificates upon establishment of enterprises and cooperatives in Vietnam – Shortcomings and recommendations for improvement Linh, Cao Nhat
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.v12i1.38888

Abstract

An investment registration certificate in Vietnamese law is a written or electronic document that records the investor's registration information on the investment project. This Certificate is a mandatory prerequisite for foreign investors to establish or participate in establishing economic organisations in Vietnam, including companies and cooperatives. The methodology employed in this study is qualitative research. This study uses the literature approach and the Statute approach. This rule has a few exceptions, but it is usually required. Nevertheless, the Law on Investment, the Law on Enterprises, and the Law on Cooperatives all contain several illogical and inconsistent provisions for the most part. Because of this, the application of the law becomes more complex. Therefore, to enhance the Vietnam Law on Investment, it is essential to continue improving, revising, and supplementing the provisions of the Vietnam Law on Investment, the Vietnam Law on Enterprises, and the Vietnam Law on Cooperatives.
The effectiveness of international conventions in the struggle against world’s domestic violence Andrusiak, Iryna; Mykievych, Mykhailo M.; Harasymiv, Taras Z.; Chornopyska, Viktoiya Z.; Oliinyk, Yaryna
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.v12i1.38889

Abstract

The issue of the spread of domestic violence is an urgent challenge to the modern legal system, which is regulated in particular by the adoption of international conventions. The research aim is to investigate the effectiveness of international conventions in combating domestic violence. Implementing the specified aim is based on the comparative analysis of specialised scientific literature, the use of content analysis and abstraction methods. The results show that the existing international conventions demonstrate their effectiveness if they are used in combination with other legal instruments for combating domestic violence. The main regulatory mechanisms for protection against domestic violence are restricted in the Convention on the Elimination of All Forms of Discrimination against Women and the Istanbul Convention. Separate international normative acts constitute an essential basis that became the foundation for the formation of relevant provisions in the systems of national legislation, which is especially noticeable in the examples of democratic EU countries. However, in the countries of Asia and Africa, there are critical indicators of domestic violence, which can also be explained by the fact that local governments have not ratified the relevant conventions. The conclusions emphasise that for the further effective implementation of international conventions and their integration into national legislation, it is essential that different groups of the population are aware of their provisions.
Protecting the integrity of e-books in the network environment: A comparative law perspective Dien, Nguyen Ngoc; Tuyen, Nguyen Thi Ngoc
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.v12i1.38890

Abstract

The digital age has ushered in a remarkable transformation in accessing literature. The rise of electronic books has democratized access to a vast library of works, fostering a more vibrant and inclusive reading culture. However, this revolution in the network ecosystem has presented unforeseen challenges. One critical concern lies in safeguarding the integrity and authenticity of e-books within this dynamic online environment. This paper examines the inadequacies of the current Vietnamese legal framework in protecting the integrity of e-books. By employing a comparative legal analysis, the current paper will investigate how copyright and related rights are addressed in the legal systems of select countries worldwide. Additionally, the paper will explore the relevant provisions of international treaties regarding the right to protect the integrity of copyrighted works. This comparative and global framework will inform the development of future-oriented perspectives on e-book integrity in Vietnam. Furthermore, the paper will propose concrete amendments to Vietnamese law that aim to strengthen the protection of authors' moral rights, particularly the right to safeguard the integrity of their works in the digital realm. These proposals aim to contribute to a broader discussion on legislative reform in Vietnam, ensuring that its legal framework effectively addresses the unique challenges posed by e-books in the digital age.
Viewpoints on Ruling by Law in The Philosophical Thought of Han Fei Tzu Tuoi, Duong Thi
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.v12i1.38903

Abstract

During the Spring Autumn and Warring States periods, when Chinese society was in chaos and instability, Han Fei Tzu proposed a comprehensive view that law is the most effective tool to bring peace, stability, and justice. This approach, which stands in stark contrast to the contemporary emphasis on morality and virtue in governance, holds relevance even in modern times. The primary aim of this study is to elucidate the role of law in politics from a philosophical perspective, with a specific focus on Han Fei Tzu's thoughts on the application of law as the primary instrument in state governance. The study employs a qualitative method, comprising two main approaches: the literature approach and the law approach. The literature approach is used to analyze classical texts and philosophical works that discuss Han Fei Tzu's thoughts on law and governance, and to review modern academic literature that either supports or criticizes his views. Meanwhile, the law approach is used to assess how Han Fei Tzu's proposed concept of law can be implemented in the context of governance and whether its application aligns with modern legal theory. The findings underscore the importance of Han Fei Tzu's thoughts on law, which stress the need for consistency between theory and practice, and the comprehensive enforcement of law without any discrimination. His thinking also underscores the significance of law as a tool of social control that is not contingent on individual morality, but on absolute obedience to the rules set by the state. The study raises several critical questions about the relevance of Han Fei Tzu's views in the context of modern politics, and offers recommendations for further research on the role of law in achieving sustainable political stability.
Examination of Early Childhood Education in Türkiye in terms of Children's Law and Rights KOL, Suat; TUNÇELİ, Hilal İlknur
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.v12i2.39242

Abstract

Children's rights and child law have taken their current form since the second half of the 20th century. The Geneva Declaration of the Rights of the Child, published by the United Nations in 1924, aimed to secure children's rights. The primary purpose of this research is to examine early childhood education in Turkey in terms of children's rights. Childhood and the historical process of children's rights were first addressed in this context. Then, early childhood education in Turkey was examined within the framework of children's rights. The research, conducted as a literature review, revealed that Turkey participated in the 1st and 2nd Balkan Congresses in 1936 and 1938 and pioneered universal children's rights studies by contributing to the decisions made in these congresses. Additionally, the study showed that, due to the value placed on children in Turkish culture, which spans thousands of years, positive practices regarding children's rights have been carried out throughout history. Moreover, Turkey became a party to the Convention on the Rights of the Child, adopted by the United Nations General Assembly on November 20, 1989, and entered into force on September 2, 1990. It has made appropriate adjustments in its domestic law. It has been observed that, as in every stage of educational activities, early childhood education in Turkey is also conducted with a child-centred approach and in adherence to the child's legal rights. The findings obtained were discussed in the discussion section.
Comparative Legal Analysis of the Use of Electronic Format of Criminal Cases and the Procedure under the Code of Criminal Procedure of the Russian Federation Ivanov, Dmitriy; Grinenko, Aleksandr; Fadeev, Pavel; Ermakov, Sergey; Antimonova, Svetlana
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.v12i2.39691

Abstract

The article deals with the foreign experience of digitalisation in the preliminary investigation. Conservative views of law enforcers and legislators on this issue dominate the Russian Federation. There are only small steps towards digitalising preliminary investigations in our country. At the same time, it has been established that the introduction of various information systems and automated workstations into practice, which was supposed to create a unified system and network of broad coverage, has not happened due to the lack of a unified request from the system of investigative bodies and technical capabilities, as well as lack of an urgent need for changes in the working procedure on the part of investigators and interrogators. In conclusion, the authors conclude that there are currently only minor steps towards digitalisation of pre-trial investigations and creating an electronic format for criminal cases in the Russian Federation. However, the rapidly developing information and telecommunication technologies will also do their job in this aspect, which will lead to the creation and successful testing of the topic studied by the authors.
Classification of Circumstances that Contributed to the Commission of a Crime in the Legislation of the Russian Federation Volkova, Galina; Ivanov, Dmitriy; Vasyukov, Vitaliy; Polyakov, Sergey; Batyukova, Vera
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.v12i2.39698

Abstract

In the article, the authors consider the most pressing issues related to the classification of circumstances that contributed to the commission of a crime in Russian legislation. It is established that the factors that make it possible to classify the above circumstances are: the identity of the suspect (accused); the living conditions and upbringing of the person who committed the crime; the circle of communication of the person who committed the crime; the circumstances of the origin of criminal intent; the circumstances that made it possible to achieve criminal goals; circumstances of an objective nature, the totality of which allows you to commit a specific crime; the absence of preventive measures and preventive work in the presence of appropriate conditions. The authors substantiate the position that the considered factors, according to which the classification of the circumstances under study was carried out, are conditional and are not exhaustive in their essence. At the same time, the classification of the circumstances under consideration by the authors allows the head of the investigative body and the investigator to correctly and competently plan their daily activities aimed at identifying, proving and eliminating them. In conclusion, the authors conclude that the classification of circumstances that contributed to the commission of a crime is necessary to build an algorithm of actions to identify, prove and eliminate them at all stages of pre-trial proceedings in criminal cases. Only when all three dominants are achieved (identification, proof, elimination) will the goals of criminal proceedings be achieved.
Reformulation of Asset Recovery Strategy Resulting from Corruption Crimes as an Effort to Recover State Losses Priyana, Puti; Gunawan, Tanumihardja Jopie
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.v12i2.39768

Abstract

It is time for the state to prioritise asset recovery for state losses resulting from criminal acts of corruption. Asset recovery must be an integral part of the series of actions taken against criminal acts of corruption. However, the arrangements for recovering criminal assets in Indonesia are not yet synergistic and overlapping. The asset recovery process is carried out by several agencies, giving rise to sectoral egos and lengthy coordination. This results in the recovery of criminal assets in Indonesia as an effort to recover losses from criminal acts is not optimal. This research recommends strategies for recovering criminal assets in Indonesia to produce efficient asset recovery. The research method used is normative juridical using a statutory approach, comparative analysis, concept analysis and case analysis. The research results found that the suboptimal asset recovery in Indonesia was caused by disharmony in the asset recovery arrangements. Indonesia can reflect on the criminal asset recovery mechanisms in the United States, United Kingdom, and Italy regarding harmonising asset recovery arrangements. This research also found that harmonising asset recovery arrangements in Indonesia should be accommodated through the amendment of KUHAP. Through the harmonisation of these arrangements, The Attorney General's Office of Indonesia, a law enforcement agency that has the authority to carry out investigations, prosecutions, and execution of court decisions that have a permanent legal force appointed as the coordinator of asset recovery for criminal acts so that the recovery of assets, especially those resulting from criminal acts of corruption, can be well synergised and state losses recovery to be optimal.

Page 69 of 72 | Total Record : 716

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