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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 737 Documents
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Exploring The Contours of Gender Justice in India Vis-À-Vis Role of Judiciary: An Exploratory Study Pillai, Aneesh Vijayan; Challa, Kaumudhi; Paul, Sanu Rani; Olappamanna, Krishnaja
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.v12i3.42265

Abstract

Gender justice seeks to ensure fair and equitable treatment of individuals across all genders, enabling them to access rights, opportunities, and responsibilities in every facet of life. Since Independence, Indian courts have played a critical role in fostering gender equality by interpreting constitutional provisions that promote the advancement of women in society. Key judicial decisions have addressed various dimensions of gender justice, including sexual autonomy, property rights, workplace protections, maternity benefits, and marital rights, thereby shaping the contours of constitutional rights for Indian women. This paper explores the significance of these judicial decisions and examines how the judiciary has defined and expanded constitutional guarantees for women. The study relies on a doctrinal approach, analysing relevant judgments, constitutional provisions, and secondary sources such as scholarly articles and reports using a qualitative research methodology. Through an in-depth exploration of these legal instruments and their interpretations, the study highlights the progressive role of the judiciary in advancing women's rights. However, it also argues that despite these judicial strides, substantial reforms in personal laws by introducing a uniform civil code could be a pivotal step toward achieving comprehensive gender justice in India. The findings emphasise the need for legal reforms to complement judicial efforts in ensuring gender equality.
Shortcomings In The Legal System On Limited Partnership In Vietnam Cuong, Ngo Huy; Hung, Nguyen Vinh; Duy, Nguyen Dang
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.v12i3.42266

Abstract

Currently, Vietnamese law does not clearly distinguish between limited partnerships and general partnerships. Limited partnerships are still merged with general partnerships in several provisions of the 2020 Enterprise Law. In other words, Vietnam's enterprise legal system still presents many shortcomings related to the recognition and regulation of limited partnerships. However, studies on the compatibility between limited partnerships and the current Vietnamese commercial environment reveal that limited partnerships offer several advantages over general partnerships. Moreover, limited partnerships also possess distinctive benefits that are not found in other company types such as joint-stock companies or limited liability companies in Vietnam. Despite these advantages, limited partnerships have not received sufficient attention from lawmakers and investors. To address this gap, this article employs a qualitative research method with a literature and legal approach. It systematically analyzes legal documents, academic articles, and comparative studies of corporate law to explore the suitability of limited partnerships in Vietnam's commercial setting. Through this method, the article identifies the existing legal deficiencies, evaluates the practical relevance of limited partnerships, and proposes specific legal reforms and policy recommendations to promote their development. The findings aim to contribute to the ongoing discourse on enterprise law reform and enhance the diversity of business organization forms in Vietnam.
State’s Obligation to Protect Human Rights in Business Activities According to the Guiding Principles on Business and Human Rights: Implementing the United Nations Protect, Respect, and Remedy Framework - Recommendations for Vietnam Ha, Le Thi Tuyet
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.v12i3.42267

Abstract

The state’s duty to protect human rights in corporate activities, as outlined in the UN Guiding Principles on Business and Human Rights (UNGP), is essential in promoting, respecting, and safeguarding human rights within the business sector. This article examines the state's obligations under the UNGP in the context of corporate activities. It connects this analysis with the development and application of a National Action Plan (NAP) based on the general provisions of the UNGP. Employing a qualitative research methodology, the study utilises a doctrinal approach to analyse international legal instruments, national policies, and academic literature related to the UNGP framework. Additionally, the article incorporates a comparative approach, reviewing examples of NAP implementation in various countries to provide practical insights for Vietnam. The findings emphasise aligning Vietnam's legal and policy frameworks with the UNGP to enhance corporate accountability and human rights protection. The study concludes with several actionable recommendations for Vietnam to implement the UNGP effectively, considering its unique socio-economic context and the demands of global development. These recommendations aim to strengthen Vietnam's capacity to address human rights challenges in corporate practices and contribute to its sustainable development goals.
Legal Framework of Employing Autonomous Navigation Technologies in Maritime Transport Vessels: Challenges and Benefits from Stakeholder Perspectives Abdelhady, Mahmoud Abd Elgawwad
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.v12i3.42268

Abstract

The study aims to explore the challenges of employing autonomous navigation technologies in maritime transport vessels by identifying the main challenges and assessing their relation to the readiness of the legislative framework. The methodology conducted for this study is semi-structured interviews to collect data, and participants were recruited via snowball sampling. This method was a series of one-on-one, open-ended interviews with a variety of stakeholders involved in maritime transportation, including "maritime transport experts, technicians, legal professionals, maritime insurance experts, captains, maritime observers, port officials, officials in maritime transport companies, and crew members of maritime transport vessels, along with experts in control and remote sensing systems." Data was gathered in two stages: the first involved in-person and remote interviews focused on exploring the challenges and benefits of employing autonomous navigation technologies in maritime transport vessels. In the second stage, the main challenges identified in the first round were presented again to the experts to evaluate their impact on the readiness of the legislative framework. The methodology ensured sufficient data collection, reaching a saturation point, which enhanced the reliability of the results. The study's results confirm the strong relationship between overcoming the challenges facing autonomous navigation technologies in maritime transport vessels and utilising these technologies. It also confirms the direct impact of the expansion of autonomous navigation technologies on the legal status of the ship and maritime navigation personnel. This entails the need for innovative standards to ensure safety and determine legal responsibilities in line with the unique risks associated with autonomous navigation technologies. The study offers a distinctive contribution by exploring the challenges of employing autonomous navigation technologies in maritime transport vessels and analysing the challenges and benefits from multiple, realistic perspectives. This contributes to creating a suitable environment for employing autonomous navigation technologies in maritime transport vessels, achieving the benefits of these technologies, and overcoming the challenges.
Criminal Liability for Establishing the Criminal Impact of Russia's Armed Aggression Against Ukraine Akimov, Mykhailo; Chugaievska, Alona; Alieksieieva-Danylenko, Yuliia; Semeniuk-Prybaten, Anna; Lytvynenko, Olha
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.v12i3.42269

Abstract

Russia's aggression against Ukraine emphasised the question of criminal accountability for acts committed during the war. The research aims to study international legal norms regarding avoiding criminal penalties for developing criminal influence on Russian military operations against Ukraine. Implementing such a task involves using the scientific method of content analysis to review legal sources and specialised literature and compare existing practices and innovations in the legal sphere. The results noted that Russia's armed aggression created favourable conditions for activating criminal groups that use the unstable situation to establish their influence. Under such circumstances, establishing criminal influence has a tangible negative impact on stabilising the existing situation. To counteract such negative phenomena at the national level, there is talk of strengthening criminal responsibility for committed offences, strengthening coordination actions between law enforcement agencies, strengthening institutional capacity, and intensifying international support. Besides, the experience of some European and Asian countries, where a criminal punishment is prepared just for admitting one belongs to the criminal world. The conclusions indicate that applying such experience, however, requires caution since, in martial law, it is important to counter also other manifestations of criminal influence – corruption and abuse.
Artificial intelligence technologies in media and culture: Legal regulation Ivashchenko, Victoria; Ivashchenko, Daria; Honcharova, Yuliia; Dyachenko, Roksolana; Koreniuk, Olha
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.v12i3.42270

Abstract

The study aims to fill the literature's gaps concerning the legal consequences of artificial intelligence use. The study combines experimental modelling of the interaction of artificial intelligence with media content and cultural artefacts. Machine learning methods were used, particularly natural language processing and deep learning. A comparative-legal analysis of the regulatory framework with LexisNexis and Westlaw resources was conducted. Qualitative methods, such as regression and analysis of variance, evaluated correlations between the influence of artificial intelligence and content changes. The findings showed significant differences in the effect of artificial intelligence on media platforms and cultural institutions. Artificial intelligence has a larger influence on content recommendations and user engagement in media rather than in culture. Tukey's Honestly Significant Difference test confirmed the statistical significance of these results, indicating the need for adapted regulatory approaches. Artificial intelligence technologies can improve media content and cultural participation, but current regulations do not address new challenges. The findings underline the necessity of developing special regulatory norms for ethical artificial intelligence use, particularly within aspects of intellectual property and digital rights management. 
Enhancing Restorative Justice through Victim and Witness Protection Measures Sayyed, Hifajatali; Kaushik, Kriti
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.v12i3.42272

Abstract

This research explores the pivotal role of victim and witness protection measures in augmenting the principles and effectiveness of restorative justice. Restorative justice, as a paradigm, seeks to address the harm caused by criminal behaviour by involving all relevant parties in a collective and participatory resolution process. The well-being and cooperation of victims and witnesses are critical for the success of restorative justice initiatives. This study investigates how comprehensive protection measures contribute to creating a supportive environment, fostering trust, and facilitating the engagement of victims and witnesses in the restorative justice process. The analysis encompasses various victim and witness protection aspects, including physical safety, emotional well-being, and legal considerations. By examining existing programs and policies, the research identifies best practices and areas for improvement in ensuring the security and confidentiality of those participating in restorative justice proceedings. Additionally, the study assesses the impact of protection measures on the willingness of victims and witnesses to actively participate, share their perspectives, and collaborate towards achieving meaningful resolutions. Ultimately, this research aims to provide insights and recommendations for policymakers, practitioners, and scholars to enhance the integration of victim and witness protection measures within restorative justice frameworks. By prioritising the safety and support of individuals involved, the justice system can better fulfil its commitment to addressing harm, promoting accountability, and fostering healing within communities affected by criminal acts.
Legal Policy Study on the Authority and Responsibility of Nadzir in Waqf Management Hidayat, Yusup; Machmud, Aris; Lubis, Rahmad
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.v12i2.42289

Abstract

Wakf plays a pivotal role in Muslims' economic development and social welfare. The nadir, as the manager of waqf assets, possesses the legal authority and responsibility to optimize waqf utilization in conformity with Sharia principles. Nonetheless, in practice, numerous problems and constraints frequently impede the efficacy of nadzir's job. This article seeks to examine the legal framework governing the power and responsibilities of nadir in waqf administration in Indonesia, intending to identify the support and challenges encountered by nadir in managing waqf assets. This study employs a qualitative methodology utilizing a literature review and a legislative analysis, encompassing an examination of Law No. 41 of 2004 on Waqf and its associated regulations alongside diverse scholarly material pertinent to waqf management. The study's findings suggest that while legal frameworks in Indonesia establish a foundation for nadzir's power, it is necessary to enhance laws and governmental assistance to optimize waqf management. In conclusion, incentive policies and enhanced competence of nadzir are essential to augment efficiency and transparency in waqf management, so enabling a more significant contribution to community welfare. 
Impact of Failure to Postpone Debt Payment Obligations Suspension on Separate Creditors Yuhelson, Yuhelson
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.v12i2.42296

Abstract

Separate creditors have special rights, and rejection of a peace plan can limit these rights in terms of receiving payment from the debtor, as separated creditors will only accept payment with the lowest value between the collateral value and the actual value of the loan. This study examines the legal protection for separated creditors in the context of rejecting a peace plan in the Debt Payment Obligation Suspension (PKPU) process. The main focus of the study is to analyse the legal implications of the rejection of peace by separated creditors and how it affects their rights in the PKPU process. The methodology used is normative juridical with a statutory regulatory approach, while the legal sources used in analysing this study were obtained through library materials or secondary data. This research is also called library legal research. It can be concluded that separatist creditors are still given compensation of the lowest value among the collateral or actual value of the loan. It is directly guaranteed by collateral rights on the property owned by the creditor. The results show that the Debt Payment Obligation Suspension (PKPU) Law has yet to fully provide adequate legal protection for separatist creditors who reject the peace plan.
The Concept and Meaning of the Procedural Control of the Head of an Investigative Body in Criminal Proceedings Smeshkova, Liliya; Moskovtseva, Kristina; Potapov, Vasily; Grinenko, Aleksandr; Ermakov, Sergey
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.v12i3.42518

Abstract

In the article, the authors consider the most pressing issues relating to the conceptual framework of procedural control of the head of an investigative body and its importance in pre-trial criminal proceedings. The authors distinguish the correlation between the procedural control and departmental control exercised by the head of the investigative body. The authors substantiate that the science of criminal procedure needs theoretical consolidation of the correlation between procedural and departmental control, which is correlated as the general with the particular, where procedural control is understood as a special case of departmental control. In conclusion, based on the features highlighted by the authors, the author's wording of the concept of procedural control, which should be understood as based on the norms of criminal procedure law activity of the head of the investigative authority, carried out during the pre-trial proceedings in criminal cases, to implement the purpose of criminal proceedings, identifying, eliminating and preventing violations of criminal procedure and other legislation by the investigator, subject to the limits determined by procedural independence.

Page 71 of 74 | Total Record : 737

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