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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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Revenues and expenditures of the state and local budgets in Ukraine in peacetime and under martial law: regulatory and legal provisions Vorotina, Nataliia; Tykhonova, Olena; Poliak-Sverhun, Mariana; Cherniaieva, Olena
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.v12i2.40529

Abstract

Martial law dictates the need to guarantee the proper level of execution of the state and local budgets, as well as to identify and attract additional sources of income and implement a rational and economical concept of expenditures. The level of coherence and efficiency of interaction between participants in the budgeting process determines the possibility of maintaining financial stability and avoiding macroeconomic imbalances. This article analyses Ukraine's budgetary sphere's regulatory revenues and expenditures during peacetime and wartime. The study involved general scientific methods, including analysis, synthesis, comparison, abstraction, specification, and generalisation. This research analyses the current state of regulatory and legal support of the state and local budgets. It outlines the concept of budgetary resource management in wartime. The author has found that the realities of wartime have led to some changes regarding filling budgets and forming expenditures. The study identified signs of budget deficit and specific issues that arise in contrast to peacetime processes. The author analyzed the indicators of the consolidated budget for pre-war and wartime and studied the vector of financial budget differentiation by sectors and programs. It is determined that the share of expenditures of the State Budget of Ukraine is focused on ensuring Ukraine's defence capability, which is dictated by wartime. The author has outlined the specific features of forming the local and State budgets during wartime, and the main issues of this process have been highlighted. In addition, the author formulated the main priority areas of optimisation in budgeting during wartime and in the context of further socio-economic development.
Forest Conservation and Development in India– An Analysis of the Forest Rights Act, 2006 and Its Impact on the Forest System Sahoo, Prajnee Samedhini; Bang, Sanjay; Sahil, Gurudev
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.v12i2.40530

Abstract

Development of any kind is seen as a destroyer of the environment. Development affects the environment, ecology and climate. However, it is necessary for the progress of human beings and, consequently, any country. This gave rise to the concept of sustainable development. Sustainable development is development which fulfils the needs of the present generation while protecting the environment for the needs of the future generation. In India, there are many laws protecting and safeguarding the environment. Many of those laws provide exceptional circumstances under which the environment can be harmed. Most of the time, it is for the public's development. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, commonly known as the Forest Rights Act, 2006, recognises the rights of forest dwellers over forest land and forest resources for life, habitation and livelihood. These forest dwellers are required by the Act to conserve the forest. It provides for the management of forest and forest resources for the sustainable use of forest dwellers and, at the same time, the protection of the forest. The Act requires the Gram Sabha to conserve and protect biodiversity, wildlife, and forests. The Act also makes provisions for allocating forest land for development purposes. When the law recognises the right of forest dwellers to reside on forest land, it necessarily follows that development facilities like education, roads and others shall be made available. So, the Act recognises the right of forest dwellers over forests and provides for basic developmental facilities for the use of forest dwellers. This research paper analyses the long-standing conflict between environmental law providing for the conservation of the environment and development. It will critically analyse the Forest Rights Act 2006 provisions on the diversion of forest land and a few Supreme Court of India judgments.
Use of Special Knowledge in the Investigation of Crimes in the Field of Credit Bondar, Volodymyr; Korshun, Anton; Chashnytska, Tetiana; Bochkarova, Maryna; Priakhin, Yevhen; Nahornyi, Andrii
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.v12i2.40531

Abstract

Based on the results of the analysis of judicial and expert practice, as well as scientific sources, a study of the problematic aspects of the involvement of a specialist in the conduct of individual investigative (search) actions, the appointment and conduct of expert studies in the investigation of crimes in the field of lending was carried out. It has been established that the existence of schemes of criminal activity is typical for the technology of criminal enrichment through credit and financial transactions, which include appropriation of bank credit resources, fraudulent obtaining of credit, and fraud with financial resources. It was emphasised that clarifying certain circumstances in the mentioned criminal proceedings is impossible without using special knowledge, primarily related to making changes to the relevant official documents. Typical investigative (search) actions are highlighted, in which it is necessary to actively use the help of a specialist, as well as the main areas of application of special knowledge by the parties to criminal proceedings, in particular, the investigator and the defence attorney. The importance of forensic examination (technical examination of documents, handwriting examination, complex forensic dactyloscopy, handwriting and technical examination of documents) is indicated as one of the primary means of obtaining evidence during the investigation of criminal offences in lending. Particular attention is focused on determining the purpose, subject and tasks of technical examination of documents in the investigation of criminal offenses of this category.
State’s Management of Belief and Religious Activities according to Vietnam law and role in the direction of cultural activities Vu, Van Hong
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.v12i2.40532

Abstract

Vietnam’s innovation process, which started in 1986, has created many changes in the country's economic, political, and cultural life while changing the state’s behaviour regarding beliefs and religions. According to the Law on Belief and Religion (2016), many forms of beliefs are recognised, and many religions coexist in Vietnam and have a role in the direction of cultural activities. The Vietnam State also respects the people’s right to freedom of belief and religion. The topic of this study is to focus on clarifying the diversity in people’s beliefs and religious activities as well as the recognition by the State’s legal documents on the diversity of beliefs, many religious organisations as well as the people’s freedom of beliefs, and religion when the country innovation. In this context, information about different types of beliefs and religions, diversity in belief and religious activities, and number of followers will be provided. Then, there is the legal basis of people’s freedom of belief and religious activities; regulations on the organisation and operation of religious organisations will be considered and evaluated. Limitations and shortcomings in religious activities will be discussed; some orientation issues for the state management of beliefs and religions were raised. This study aims to evaluate the positive changes in the State’s belief and religion policy and propose some solutions to improve the State’s management policy and law on belief and religion. This study has important implications for the State to continue to have policies to manage and promote the people’s diversity in belief and religious activities.
Administrative and legal status of public administration subjects regarding countering terrorism: Constitutional and Theoretical Aspects Opatsky, Roman; Pisotska, Karina; Chvaliuk, Andrii; Molchanov, Rostyslav; Tulinov, Valentyn
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.v12i2.41091

Abstract

The research aimed to make known the administrative and legal status of public administration subjects in the counter-terrorism field. It was found that a rather straightforward and logical structure of state bodies in the field of organization and coordination of the fight against terrorism has been created in Ukraine. The system of anti-terrorist entities is a set of specific, legally defined institutions that interact intending to prevent, detect, stop and minimise the consequences of terrorist activities. The research used the following methods: analysis of biographical sources, synthesis, deduction, comparative analysis meta-analysis, etc. In the conclusions, it has been established that the President of Ukraine, the Verkhovna Rada and the Cabinet of Ministers are the key actors in the fight against terrorism in the system of higher authorities. The defining areas of action of the President of Ukraine in the sphere of counter-terrorism are the activities aimed at regulatory and legal support of counter-terrorism in Ukraine, which implies the creation, liquidation, reorganization and management of relevant counter-terrorism entities.
Legal Regulation Experience of Individual Countries of The European Region Regarding Implementation of International Standards for Ensuring Criminological and Criminal-Legal Protection of Justice Khrystova, Yuliia; Miroshnychenko, Serhiy; Kurbatova, Iryna; Titarenkо, Oleksiy; Maksimentsev, Maksym
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.v12i2.41093

Abstract

The article describes the experience of Germany and Austria in implementing international standards for ensuring criminological and criminal-legal protection of justice. A set of general scientific and specific scientific research methods were used in the preparation of this article to define special subjects authorised to carry out such criminological activities, peculiarities of their interaction with the police and other law enforcement agencies, to reveal the content of legislative mandates regarding organisation and functioning of the Court Security Services and their counterparts, as well as that of the legislation on criminal liability for criminal offences against justice. The purpose of this work is to determine promising directions for increasing the efficiency of implementing criminological and criminal-legal protection of justice by authorised subjects in Ukraine, which has become especially important in the sphere of ensuring national security under martial law, taking into account positive experience of such European region countries as Germany and Austria regarding implementation of international standards recognised by the international community in this area. Based on the results of the research, prospective directions for improving the activity of the Court Security Service of Ukraine, its interaction with the National Police and other subjects of the state sector and non-state sector in the provision of criminological protection of justice, as well as the legislation of Ukraine on criminal liability for criminal offences against justice, taking into account experience of Germany and Austria regarding implementation of standards recognised by the international community in this area.
Environmental Agreement as the Object of State Administrative Disputes Dewa, Teguh Triesna
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.v12i1.41133

Abstract

The implementation of state administrative law is presently undergoing considerable changes due to modifications in environmental law regulations. A significant alteration is the shift from a business license framework to a business approval framework, which has generated ambiguity in environmental law enforcement, particularly incorporating ecological approvals under the purview of disputes in the State Administrative Court (PTUN). This alteration presents new difficulties in ascertaining the authority of the PTUN and the interpretation of environmental legislation within the framework of state administration. This study employs a qualitative research methodology utilizing two primary approaches: the literature approach and the legal approach. The literature approach examines several academic sources, journals, books, and legal documents pertinent to the evolution of the corporate licensing and approval system and its implementation in environmental law. This literature study elucidates the theoretical framework and legal advancements pertinent to ecological conflicts in the PTUN. The legal analysis involves scrutinizing relevant laws and regulations, particularly state administrative and environmental law, including Law No. 30 of 2014 on Government Administration and Law No. 32 of 2009 on Environmental Protection and Management. The study's findings indicate that transitioning from a business licensing system to a business approval system has generated ambiguity within PTUN authority, particularly on environmental approvals. The State Administrative Court, as a crucial judicial body under the Supreme Court, possesses autonomy in adjudicating administrative disputes and plays a key role in the enforcement of environmental law. Yet, this alteration necessitates a more explicit elucidation of environmental and state administrative law interplay. This article seeks to examine the function of the PTUN within the Indonesian legal system concerning the enforcement of environmental law and to provide solutions for addressing the issues stemming from this regulatory alteration.
Анализ Дела о Смерти Джамаля Хашогги: Перспективы Международного Права и Государственной Юрисдикции (Analysis of the Jamal Khashoggi Death Case: Perspectives on International Law and State Jurisdiction) Faris, Dzaka Ashriel; Fadillah, Firman; Machyawaty, Tety
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.v12i2.41195

Abstract

The case of the murder of Jamal Khashoggi at the Saudi Consulate in Istanbul has drawn the attention of the international community to such important issues of international law as the abuse of diplomatic immunity and State responsibility for human rights violations. This analysis reveals the dynamics of international law and national jurisdiction in relation to crimes committed at diplomatic facilities, which should be protected by diplomatic immunity. The principle of territorial jurisdiction allows Turkey, as a crime scene, to investigate and bring the perpetrators to justice, while Saudi Arabia faces problems in complying with international conventions on law enforcement, fair treatment of foreign citizens and protection of human rights. The Khashoggi case raises questions about the extent to which diplomatic immunity can protect international crimes and how countries can fulfill their obligations under international law without sacrificing sovereignty. The impact of this event on Saudi Arabia's reputation and diplomatic relations is also significant, which has sparked a debate about the role of soft power and ethics in world politics. This study aims to deepen understanding of the challenges in the field of international justice, emphasizing the importance of States complying with existing international standards and responding decisively to the abuse of diplomatic immunity. The study concludes by emphasizing the need to reform international law as a preventive measure against such crimes in the future, while ensuring respect for the principles of justice at all levels. 
Principles of law in the legal regulation of social relations in modern conditions: administrative, criminal and constitutional aspects Basko, Andriy; Hryshyna, Natalia; Obushenko, Nataliia; Fedorov, Ihor; Koteliukh, Mykola
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.v12i2.41224

Abstract

The purpose of this paper is to conduct an independent study on the position of legal principles in the legal regulation of public relations in the context of digitalization. In writing this paper, the functional research method was used. The functional research method allows for a thorough clarification of the dynamic aspects of legal principles, their practical objectives, their position and role in the law and in other elements of the legal system of society in general, and their impact on social relations in the form of legal regulation and other forms of legal influence (informational, value-oriented, psychological, system-shaping, etc.). Although the role of legal principles in today's various legal systems is not the same, it is nevertheless concluded that legal principles are one of the sources of law practically everywhere, whether nominal or de facto. The importance of legal principles is that they serve as a framework, the basic structure of the legal system; that they are a guide in the process of development and formation of law; that they have a significant impact on the formation of people's legal consciousness; that they can be a direct basis for making individual legal decisions in a particular case; that they can provide a legislative blanks, reflected in the fact that legal principles can be used as a legal basis for considering legal issues, and that legal principles contribute to the correct interpretation of legal norms while they serve as a source of law.
Digital Data Collection of 3 kg LPG Purchasers - Transformation of 3 kg LPG Subsidy as Implementation of the Minister of Energy and Mineral Resources Decree No. IX.37.K/KMG.01/MEM.M/2023 Gintings, Irto Petrus; Suryanti, Nyulistiowati
Jurnal Cita Hukum Vol. 12 No. 3 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i3.42158

Abstract

The energy needs, especially for subsidized LPG 3 kg, have increased by more than 700% compared to the initial program of kerosene-to-LPG conversion in 2007. The 3 kg of LPG distribution is now widespread across almost all of Indonesia. Currently, 95% of LPG usage is subsidised category. As a result, subsidies for 3 kg of LPG have consistently risen annually. Meanwhile, the price gap between subsidised and non-subsidised LPG has widened, leading to widespread illegal filling practices. Ironically, eligible citizens often struggle to obtain 3 kg of LPG, due to broad criteria allowing almost anyone to purchase it. This study aims to analyze government policies aimed at more targeted subsidy transformation. Utilizing a juridical-normative research method, it examines the regulations governing the distribution of 3 kg LPG and the underlying policies for subsidy transformation. The desired outcome is for the government to ensure that the subsidy for 3 kg of LPG reaches its intended targets through adequate regulations. Revision of Presidential Regulation 104/2007 is necessary to clarify the criteria for 3 kg LPG users and enable effective implementation. Ministerial Decision No. 37.K/MG.01/MEM.M/2023 mandates businesses to gather buyer data via web-based applications, allowing cross-referencing with welfare rankings from relevant ministries/agencies based on buyer names and addresses. The digitalisation effort by government-appointed entities in data collection for 3 kg LPG buyers aims to ensure that subsidies reach the eligible Indonesian citizens.

Page 70 of 72 | Total Record : 716

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