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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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Ensuring Sustainable Employment Rights in Vietnamese Labor Law in the Face of Digital Transformation Thi, Tamhoa Nguyen; Duc, Hiep Ho
Jurnal Cita Hukum Vol. 14 No. 1 (2026): Spring Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v14i1.50961

Abstract

The purpose of this study is to clarify how Vietnamese labor law ensures sustainable employment rights for workers in the context of digital transformation, which is profoundly changing the structure of the labor market, forms of employment, and labor relations. The study focuses on analyzing the adaptability of current labor law regulations to the increase in digitalized and flexible labor, while assessing legal gaps that may increase the risk of job loss or a decline in job quality. The study uses a textual research method, combining a quantitative survey of 229 workers and employers in sectors directly affected by digital transformation with semi-structured interviews with 21 state management experts, lawyers, policy researchers, and business representatives to clarify perceptions, practical experiences, and policy evaluations. The research results show that Vietnamese labor law has made certain progress in protecting employment rights through regulations on labor contracts, retraining, and social security. However, it still has limitations in covering new forms of employment as well as mechanisms to ensure safe job transitions for workers. Based on this, the study affirms the scientific and practical significance of improving labor law towards a sustainable employment-centered approach, contributing to enhancing the adaptability of the labor market and ensuring social stability in the digital transformation era.
The Burden of Proof in Vietnamese Civil Procedure Hung, Nguyen Vinh; Nguyet, Le Kim; Phuong, Ha Thi Lan
Jurnal Cita Hukum Vol. 14 No. 1 (2026): Spring Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v14i1.50962

Abstract

Currently, Vietnam is changing its judicial model. Civil procedure is becoming increasingly important. In Vietnamese civil procedure, the participated subjects’ burden of proof plays an especially important part and has great relations to the outcome of the settlement of civil cases. This is the liability that most subjects of civil procedure have to carry out; however; the burden of proof is a complicated problem and there are many limitations that make it difficult for subjects to do their bit. Due to that fact, the article studies the burden of proof in civil procedure, on that basis, proposes some solutions to contribute to improving the efficiency of the performance of the burden of proof in civil procedure in Vietnam.
The Relationship Between Criminal Law and Administrative Law in Crime Prevention Huynh, Baokhanh Nguyen
Jurnal Cita Hukum Vol. 14 No. 1 (2026): Spring Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v14i1.50963

Abstract

In the context of increasing crime risks associated with socio-economic development and the expansion of state governance, crime prevention is increasingly seen as a comprehensive task of the legal system, rather than solely a function of criminal law. This article analyzes the relationship between criminal law and administrative law in crime prevention, approaching it from the perspective of risk management and early prevention. Based on a combination of criminal law theory, administrative law, and criminology, the article clarifies the preventive role of administrative responsibility, the position of criminal responsibility as a “last resort”, and the mechanisms of legal interoperability in controlling deviant behavior. Through an analysis of the provisions of the Vietnamese Criminal Code and the Law on Handling Administrative Violations, this article points out the theoretical and practical issues arising in determining the legal boundary between two types of responsibility, the risk of criminalizing administrative violations or administratively treating criminal acts. From there, the study proposes directions for improving the interconnected mechanism between criminal law and administrative law to enhance the effectiveness of crime prevention, while ensuring constitutional and legal principles and the control of state power.
International experience in preventing violations by border guard authorities: The case of EU member states Kushnir, Yaroslav
Jurnal Cita Hukum Vol. 14 No. 1 (2026): Spring Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v14i1.50964

Abstract

The relevance of this study is determined by the growing role of border services in preventing offenses amid the evolving security environment of the European Union and the implementation of integrated border management. For Ukraine, critically analyzing international experience is essential due to the ongoing armed aggression of the Russian Federation and institutional differences in its law enforcement system, which make full adoption of EU models impractical without considering national realities. The study aims to examine international practices in crime prevention within the law enforcement and administrative-jurisdictional activities of border services in EU member states bordering Russia, to identify possibilities and limits for adapting these practices to the State Border Guard Service (SBGS) of Ukraine. The object of the study is the social relations formed during law enforcement and administrative activities in crime prevention under integrated border management. Using comparative, formal, structural-functional, and systemic legal analysis, the study examines the concept and content of crime prevention, the role of integrated border management, and the functions of Frontex and EU acquis standards in forming common security approaches. Practices in Poland, Finland, Lithuania, Latvia, and Estonia are analyzed, highlighting differences in pre-trial investigation, procedural coercion, and migration policy. Mechanical transfer of EU models to Ukraine is deemed ineffective and risky under martial law. Instead, selective adaptation of functional elements—risk analysis, interagency coordination, and analytical tools—can enhance SBGS operations while maintaining existing power structures. Promising areas for adaptation include risk-based analytics, preventive measures, and coordinated operational practices, ensuring effective crime prevention in Ukraine.
Enforcement Proceedings During Martial Law In Ukraine: Issues, Prospects, And Borrowing Positive Foreign Practices Sergiienko, Nataliia; Suslin, Serhii; Pyrohovska, Vira; Snidevych, Oleksandr; Bondar, Iryna
Jurnal Cita Hukum Vol. 14 No. 1 (2026): Spring Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v14i1.50965

Abstract

This article examines the current state of legal regulation of enforcement proceedings in Ukraine under the conditions of martial law. The aim of the study is to identify systemic legal and institutional problems that impede the proper functioning of enforcement mechanisms during wartime and to outline directions for their improvement based on the experience of selected foreign jurisdictions. The methodology combines general scientific and special legal methods, including analysis, synthesis, comparative legal analysis, and hermeneutics. The article identifies key challenges such as the suspension of enforcement measures, the limited access of claimants to judicial remedies, and gaps in legislative regulation. The study also reviews the practices of Sweden, Germany, and Poland, highlighting their successful models of ensuring enforcement continuity in crisis conditions. Based on the comparative analysis, proposals are made to modernize Ukrainian legislation in this area. Authors emphasize the importance of balancing state security interests with the protection of creditors’ rights and ensuring legal certainty for all participants in enforcement proceedings. The scientific value of the article lies in the formation of a proposals for improving the legal regulation of enforcement of decisions, taking into account the conditions of martial law, based on the experience of foreign countries, in particular, certain EU member states. The article was prepared as part of the scholarship work of the Verkhovna Rada of Ukraine. The article was prepared as part of the scientific (scientific and technical) work “Enforcement of court decisions, other bodies (officials)” (state registration number: 0125U003345).
Cross-border Protection of Geographical Indications between China and ASEAN under the Regional Comprehensive Economic Partnership Siqi, Chen; Mengru, Chen; Rajamanickam, Ramalinggam; manap, nazura binti abdul
Jurnal Cita Hukum Vol. 14 No. 1 (2026): Spring Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v14i1.50966

Abstract

Following the entry into force of the RCEP, trade in agricultural products and specialty foods between China and ASEAN has grown, highlighting the role of geographical indications in enhancing quality reputation and market bargaining power. However, cross-border circulation also brings risks such as counterfeiting, free-riding on reputation, and squatting. Existing legal protections struggle to match the risks brought by trade expansion. This paper employs qualitative analysis, comparative analysis, and rule interpretation methodologies. From the perspective of integrating the RCEP framework with China's domestic institutional practices, it proposes advancing procedural alignment and directory-based mutual recognition based on the premise of unified expression through rights information packages. By refining conflict resolution rules and establishing coordinated enforcement mechanisms, it aims to forge an enforceable and sustainable path for regional cooperation.
Copyright Ownership of AI Generated Content: Evidence from Judicial Practice and a User Attribution Rule Xuepeng, Jian; Manap, Nazura Abdul; Zahir, Mohd Zamre Mohd
Jurnal Cita Hukum Vol. 14 No. 1 (2026): Spring Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v14i1.50967

Abstract

Ensuring a clear and workable allocation of copyright ownership for AI generated content has become one of the most urgent challenges of contemporary copyright law. This article examines how existing copyright doctrines, especially originality and authorship, respond to outputs produced with generative artificial intelligence, and how ownership should be attributed in a way that preserves the human centred foundations of copyright while maintaining effective incentives for creation and dissemination. The study adopts doctrinal analysis and comparative legal research, with particular focus on Chinese judicial practice and United States copyright registration practice. It further integrates a practice based review of representative cases, including Tencent Dreamwriter, the Spring Breeze image dispute, and Beijing Feilin v Baidu, together with United States determinations such as Zarya of the Dawn, Théâtre D’opéra Spatial, and A Single Piece of American Cheese. The findings indicate broad convergence on the principle that artificial intelligence is not a legal subject and cannot be an author, while jurisdictions diverge on the threshold and proof of human creative control. Building on these results, the article argues for a user attribution approach as the general rule, supported by clearer contribution assessment standards, contractual flexibility as a limited exception, and a workable labelling mechanism to enhance transparency and reduce disputes.

Page 74 of 74 | Total Record : 737

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