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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 780 Documents
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Reflections on the Application of the English Law’s Model of Constructive Trusts to the Handling of Specific Property Relations in Vietnamese Legal Practice Nguyen Ngoc Dien; Le Bich Thuy
Jurnal Cita Hukum Vol. 13 No. 3 (2025): Winter Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v13i3.46846

Abstract

Contemporary Vietnamese legal practice faces various complex scenarios regarding property relations, wherein equitable outcomes cannot be easily achieved solely through the application of existing civil law provisions. Two major issues that have recently garnered significant public attention are cases involving mistaken bank transfers and the recovery of State assets from corruption-related offenders. Current Vietnamese civil law fails to provide optimal protection for senders in mistaken transfers when funds are automatically deducted by banks to settle the recipient's debts. On the other hand, the confiscation of corrupt assets is frequently hindered by the transfer of ownership to third parties or the disguise of assets within business entities. English law offers an equitable solution through the mechanism of the constructive trust. This doctrine automatically regards the legal holder of property as a trustee holding it for the benefit of the true owner (beneficiary) to prevent unjust enrichment. In cases of mistaken transfers, the recipient holds only legal ownership, while equitable ownership remains with the sender, making the assets immune to seizure by the recipient's creditors. In corruption cases, this mechanism enables the State to trace and recover illicit proceeds, even when transformed or transferred. By adopting the principles of constructive trusts into Vietnam's civil law system, the national legal framework can be strengthened to enhance legal certainty, provide fair protection of property rights, and offer greater flexibility in resolving modern property disputes.
A Comprehensive Analysis of Appellate and Cassation Review in the Context of Vietnamese Criminal Procedure Nguyen Chi Hieu
Jurnal Cita Hukum Vol. 13 No. 3 (2025): Winter Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v13i3.46849

Abstract

The nature of appellate review and cassation review in criminal procedure reflects a state’s approach to organizing its criminal justice system. This article examines the complexities of these two procedural mechanisms within the context of Vietnamese criminal procedure, drawing on theoretical research and analyzing the provisions of the 2015 Criminal Procedure Code of Vietnam. Utilizing comparative and contrastive methodologies, the author outlines the fundamental distinctions between appellate review—as a direct re-examination of judgments that have not yet taken legal effect—and cassation review, which scrutinizes legally binding judgments to correct serious legal errors. Furthermore, the article conducts an in-depth legal analysis to identify normative shortcomings and procedural inadequacies in current regulations governing both appellate and cassation reviews. To address these issues, targeted solutions are proposed to refine the legal framework, thereby promoting a more effective and objective administration of justice. The comparative scope extends to international jurisdictions such as Poland, France, and Belgium, where cassation is primarily designed to identify and rectify errors in the application of law rather than re-evaluating factual matters. In these legal systems, cassation courts play a pivotal role in ensuring consistency, uniform interpretation, and coherent application of the law across all judicial levels.
Regulating Legal Ethics in Vietnam: Institutional Challenges, Normative Frameworks, and Reform Imperatives Minh Tuan Nguyen; Hanh Dang Thi My
Jurnal Cita Hukum Vol. 13 No. 3 (2025): Winter Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v13i3.46850

Abstract

This article analyzes Vietnam’s regulatory mechanisms for legal ethics using institutional theory and comparative legal analysis. It explores how ethical standards can move beyond aspirational guidelines to become enforceable norms within a modern rule-of-law system. Applying a normative-analytical approach and case studies from Germany, the UK, the US, and Australia, the study identifies four core pillars of an effective mechanism: (i) ethical standards, (ii) independent supervisory institutions, (iii) transparent disciplinary procedures, and (iv) public accountability. Findings show Vietnam’s framework remains fragmented, administratively dependent, and lacks independent oversight and public participation. Ethical codes are non-binding, while enforcement is internalized, compromising transparency and trust. The article proposes five reforms: interdisciplinary ethical codes, partial legal codification, independent ethics committees, public feedback mechanisms, and situational ethics education. Together, these aim to build a dynamic governance system supporting integrity and accountability in legal practice. This research contributes to debates on regulatory governance in transitional legal systems and offers insights for designing context-sensitive, enforceable ethical frameworks.
Conflict of Interest Regulation in Transitional Legal Systems: A Comparative Legal Study of Ukrainian Compliance with International Anti-Corruption Standards Alina Biryukova; Sergii Tellis; Serhii Hrechaniuk; Oleh Roy; Tetiana Sukhorebra
Jurnal Cita Hukum Vol. 13 No. 3 (2025): Winter Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v13i3.46851

Abstract

This article examines the legal and institutional implementation of international standards on conflict-of-interest regulation within the Ukrainian legal system. Drawing on a comparative legal methodology, the study evaluates the degree of normative convergence between Ukrainian legislation and key international instruments, including the United Nations Convention against Corruption (UNCAC), OECD Recommendations, and GRECO guidelines. In addition to doctrinal analysis, the research analyzes 120 judicial decisions at the national, regional, and local levels to assess patterns of interpretation, enforcement disparities, and procedural compliance. The findings reveal that while Ukraine demonstrates a high level of formal alignment, particularly in its legal provisions on disclosure and sanctions, significant deficiencies persist in preventive mechanisms, judicial consistency, and institutional coordination. The study identifies structural obstacles that hinder effective enforcement, including the absence of harmonized jurisprudence, insufficient legal training, and weak oversight frameworks. These gaps risk reducing international compliance to a symbolic function rather than a substantive tool for safeguarding integrity in public governance. The article concludes with targeted recommendations for legal reform, emphasizing the need for judicial interpretive guidelines, independent monitoring bodies, and coordinated enforcement strategies. By situating Ukraine’s legal system within a global comparative context.
Artificial Intelligence’s Application in Journalistic Practice in Terms of Digital Transformation Vladyslav Teremetskyi; Oleksandr Ryzhenko; Liudmila Ryzhenko; Viktoriia Klymiuk; Andrii Smus
Jurnal Cita Hukum Vol. 13 No. 3 (2025): Winter Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v13i3.46852

Abstract

The article examines the problems of regulatory and legal support for the use of artificial intelligence technologies in journalism in Ukraine in the context of modern digital transformations. Utilising interdisciplinary and comparative legal analysis, the legal nature of AI as an object of regulation is examined, the state of national legislation in the media sphere is characterised, and gaps in the regulatory framework for the use of AI in journalism are identified. This study places particular emphasis on the analysis of two significant documents: the EU Regulation No. 2024/1689, also known as the “Artificial Intelligence Act”, and the European Parliament Resolution on AI in the audiovisual sector. These documents are of particular significance as they serve to enshrine the principles of transparency, non-discrimination, ethical use of algorithms, and protection of freedom of expression. The implementation of the relevant provisions of the Acquis Communautaire into Ukrainian national legislation is justified by the aim of ensuring information security, freedom of speech, and European integration. The analysis yielded a proposed model of regulatory harmonisation, which entails the incorporation of specific AI regulations within the Ukrainian legislation entitled “On Media” and “On Information”. The results of the study are of practical importance for updating the legal framework in the context of digital challenges and contribute to the formation of a theoretical and methodological basis for further research on the interaction between AI and freedom of speech.
Practice of the European Court of Human Rights as a Factor in the Development of Private Law Andrii Petrovskyi; Larysa Neskorodzhena; Vitalii Kucher; Iryna Borovska; Volodymyr Bondar
Jurnal Cita Hukum Vol. 13 No. 3 (2025): Winter Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v13i3.46853

Abstract

The article examines the case law of the European Court of Human Rights (hereinafter referred to as the ECHR) as an important factor in the development of private law in the national legal systems of the member states of the Council of Europe. Particular attention is paid to the analysis of the decisions of the ECHR, which have a systemic impact on the improvement of legal mechanisms for the protection of rights in the field of private law relations. The expediency of using the construction “case law of the European Court of Human Rights”, which has already been implemented in legislation of Ukraine (Civil Procedure Code, Commercial Procedure Code, Code of Administrative Procedure, Law of Ukraine “On the Execution of Decisions and Application of the Practice of the European Court of Human Rights”) is substantiated, which emphasizes the normative legitimacy of such an approach. Changing the focus from “civil law” to the broader concept of “private law” allows expanding specialization, also covering aspects of economic, family and other related areas. The paper highlights the key areas of influence of the ECHR practice on law enforcement in matters of property rights protection, access to justice, fair trial and effective enforcement of court decisions. It also examines the problems of implementing ECHR decisions into the legal practice of Ukraine, conflicts between national and international law, as well as the role of the Court in forming a balance between public and private interests. In conclusion, the importance of the ECHR practice as a factor in the evolution of the doctrine of private law and the unification of European standards of human rights protection is emphasized.
Custom in Insurance Law: A Doctrinal and Applied Analysis of Usage as a Source of Legal Norms Abdullah bin Abdulrahman Al-Bader
Jurnal Cita Hukum Vol. 13 No. 3 (2025): Winter Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v13i3.46854

Abstract

Custom has long served as an implicit yet powerful source of legal norms, particularly in fields characterized by technical complexity and rapid evolution. This article examines insurance custom—the unwritten practices consistently adopted by insurance market participants—as a source of legal authority in insurance contracts. While insurance regulation is increasingly comprehensive, it cannot anticipate every contingency or dispute, leaving gaps often filled by industry usage. Drawing on doctrinal legal theory and applied analysis, this study consolidates scattered jurisprudential principles and industry practices to clarify the concept, emergence, authority, types, and conditions of insurance custom. It distinguishes verbal custom (customary terminology) from practical custom (customary conduct), and analyzes their legal functions as mandatory, interpretive, and supplementary norms in contract adjudication. The article also explores judicial reliance on custom to interpret ambiguous policy terms, enforce implied obligations, or reject claims that contradict established usage. The findings highlight the dual nature of insurance custom as both a stabilizing force and a potential source of uncertainty. It argues for structured mechanisms to document, evaluate, and integrate custom into insurance adjudication, ensuring both legal predictability and responsiveness to evolving industry practices.
People with Intellectual Disabilities and Crime: Changes in Terminology, Attitudes and Interventions in the Czech Context Lukáš Stárek
Jurnal Cita Hukum Vol. 13 No. 3 (2025): Winter Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v13i3.46855

Abstract

Supporting people with intellectual disabilities in crime prevention and post-imprisonment resocialisation is a key challenge for modern society. This expert article by Lukáš Stárek highlights the understudied issue of individuals with intellectual disabilities who commit crimes and serve sentences in the Czech prison system. Based on a literature review and an analysis of current legal frameworks and interventions, this paper aims to outline the evolution of terminology, shifting social attitudes, and changing professional approaches when working with this target group. Historically, terminology has shifted from stigmatising terms like "mental retardation" toward more humanistic language, namely "people with intellectual disabilities" (as adopted in ICD-11 by the WHO), to respect individual dignity and uniqueness. The article emphasizes the fulfillment of individual rights, respect for autonomy, and the enhancement of personal responsibility and adaptive capabilities. Within the Czech prison system, this study analyzes various integrated interventions, such as educational programs, social and financial skills training, psychological support, and community reintegration preparation to prevent recidivism. Successful resocialisation depends not only on strengthening correctional programs, but also on creating an inclusive environment outside prison walls. Joint efforts among professionals, families, and the general public are crucial to prevent social exclusion and enable individuals with intellectual disabilities to become equal members of society. In conclusion, the article provides practical recommendations for future penal policy improvements and social work practice.
Ai In Big Data in Criminal Investigation: Procedural Safeguards and Human Rights Risks Matanat Pasha Asgarova
Jurnal Cita Hukum Vol. 13 No. 3 (2025): Winter Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v13i3.46856

Abstract

The purpose of the study is to develop recommendations for improving procedural safeguards when using AI and big data in criminal investigations in Azerbaijan, considering the existing safeguards and risks that exist in the Azerbaijani legal system. This normative-legal study examines national and international laws pertaining to artificial intelligence in criminal justice using comparative and black-letter legal techniques. Due to the dearth of local research, it synthesizes scholarly material and adapts international approaches to the Azerbaijani setting. In results It has been demonstrated that the application of AI influences the development of human rights hazards, including the denial of access to algorithms, the possibility of discrimination, and the restriction of appeal procedures. The establishment of unique control and supervision mechanisms for the use of AI, as well as compatibility with international norms, are necessary due to the notable gaps in Azerbaijani legislation. Therefore, to enhance procedural guarantees in Azerbaijan, it is suggested that: establish and approve ethical standards for the use of AI in criminal proceedings; codify the rights of parties to transparency in algorithmic decisions and access to information about how AI works; and introduce legislative norms governing appeal procedures for AI-based decisions. In conclusion it is shown that a significant prospective direction is the study of the interaction between technological innovations and legal institutions to shape modern regulatory frameworks.
Reforming Ukraine’s Legal System in the Context of Sustainable Development: Challenges and Prospects Nadiia Demchyk; Volodymyr Kroitor; Petro Korniienko; Olha-Mariia Alimenko; Iryna Bryiovska
Jurnal Cita Hukum Vol. 13 No. 3 (2025): Winter Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v13i3.46858

Abstract

The article aims to analyse the status of reforming the legal system of Ukraine and identify the main challenges and prospects for sustainable development. To achieve this goal, the author used a descriptive research methodology, particularly the PRISMA approach, which included a search for relevant scientific literature (2018-2024) and legislative acts. The study formed four inclusion criteria based on relevance, content, geographical focus, and timeframe. In total, 52 items of scientific materials were analysed. The study results show that Ukraine's legal system has made some progress in aligning with the principles of sustainable development, especially in environmental protection. At the same time, key challenges remain, such as corruption, insufficient harmonisation with international standards, lack of systematic understanding of environmental legislation, and the effects of the financial crisis and Russian aggression. The recommendations include harmonising legislation with EU standards, strengthening the environmental component, focusing on socially oriented legal reforms, ensuring economic justice, and digitalising judicial and law enforcement processes. The study confirms that adherence to Ukraine's European integration course and implementing environmental and social principles can strengthen the legal framework for sustainable development.

Page 75 of 78 | Total Record : 780

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