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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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Online Privacy and Personal Data Protection: An Islamic Law Perspective Bareq Muntadher Abdul Wahab; Safinaz Mohd Hussein; Ramalinggam Rajamanickam
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.v13i3.46859

Abstract

This article explores the intricate intersection of online privacy and personal data protection through the lens of Islamic law, shedding light on the ethical considerations that govern digital transactions. Grounded in Qur’anic principles, Sunnah, and classical Islamic jurisprudence, this study examines how Shari’ah law provides a comprehensive ethical framework for navigating the digital landscape while upholding timeless Islamic values. Key principles such as Ghibah (gossip and backbiting), Amanah (trustworthiness), and Sitr (respect for privacy) are analyzed to highlight their significance in regulating online interactions and data protection. Employing a doctrinal legal method and an inductive approach, the article explores online privacy from an Islamic perspective. It incorporates Qiyas (analogical reasoning) to address emerging challenges posed by rapid technological advancements. The study finds that the commitment to Amanah underscores the responsibility of individuals, organizations, and governments in safeguarding personal information. It emphasizes ethical considerations in the collection, processing, and usage of data, aligning digital practices with Islamic moral obligations. Moreover, the dynamic nature of Ijtihad (independent legal reasoning) allows Islamic jurisprudence to adapt to contemporary digital issues while preserving its foundational ethical principles. By synthesizing Islamic teachings with digital ethics, this article offers a robust framework for addressing modern privacy concerns. It contributes to the discourse on the harmonious coexistence of technological innovations and Islamic values, providing insights into how Shari’ah law can guide ethical digital conduct. Ultimately, this study reinforces the relevance of Islamic legal principles in shaping responsible and morally sound digital practices.
The Legislation of the Notary System and Electronic Data Evidence in Different Countries Cao Zhaoxun; Ramalinggam Rajamanickam; Nur Khalidah Dahlan; Min Bingyuan; Rajini Kumar Sreedharam
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.v13i3.46860

Abstract

As digital applications continue to expand across various fields, the importance of reliable electronic data evidence and an efficient notary system has become even more prominent. The improper handling of electronic data not only affects the fairness of judicial proceedings but also poses threats to the legitimate rights and interests of individuals and organizations. This paper analyzes the characteristics of notarial system in different countries through comparative research method, elaborates in detail the situation of EU and China in electronic data evidence legislation, and carries out a comparative analysis of the similarities and differences between the Chinese and European legislation. It is found that the notarization system of civil law countries is characterized by strong state intervention, high authority of notarial acts, and wide scope of application; while the notarization system of common law countries is relatively flexible, with simple procedures but limited authority. EU legislation on electronic data evidence is centered on the General Data Protection Regulation (GDPR), which is detailed and has strong extraterritorial effect in protecting personal data rights. China has actively constructed a legal framework for electronic data evidence, focusing on combining it with national development strategies and reflecting Chinese characteristics while safeguarding data security and privacy. Based on this, the article puts forward suggestions in terms of technological upgrading, legislative optimization, professional development of personnel and international cooperation, with the aim of promoting the development of the notary system in the era of electronic data, and facilitating the effective use and protection of electronic data evidence.
Proposing Some Solutions to Improve Policies and Laws on Land Use Rights of Overseas Vietnamese Doan Hong Nhung; Hoang Truong Giang; Nguyen Vinh Hung
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.v13i3.46944

Abstract

The overseas Vietnamese community constitutes an important resource for the nation’s development, in which economic contributions represent one of the most traditional and widespread forms of engagement. The substantial flow of remittances sent by overseas Vietnamese has significantly contributed to Vietnam’s socio-economic development by supporting and stimulating domestic production and business activities. Given the notable benefits derived from the expansion of land use rights for overseas Vietnamese, this reform can be regarded as a major advancement of the 2024 Land Law in attracting foreign investment to Vietnam. The expansion provides more favorable conditions for overseas Vietnamese to invest in their homeland’s real estate market while fostering linkages and investment cooperation between them and foreign-invested enterprises. Such collaboration is expected to promote joint business initiatives, strengthen the private sector, and accelerate the growth of innovative start-up enterprises. Furthermore, the attraction of foreign investment serves as a vital bridge for economic integration, facilitating the connection of the domestic economy with global production and business networks. Through this process, Vietnam not only gains access to advanced scientific and technological innovations, modern management practices, and global value chains but also broadens its market reach—creating opportunities for domestic products, goods, and services to enter the global market and affirm their position in the international arena.
Judicial Activism In Criminal Prison Sentences Below The Minimum Sentence In Narcotics Cases From A Criminal Accountability Perspective Raenes Wadi; Prija Djatmika; Milda Istiqomah
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.v13i2.47061

Abstract

Sentencing decisions that fall below the specific minimum stipulated by law are, at first glance, considered a violation of the principle of legality, which requires that punishment strictly follow the written law. However, within the framework of Judicial Activism, such decisions may be justified when they adhere to the fundamental principles of criminal law, reflect the dynamic development of legal thought, and protect the defendant’s fundamental rights from arbitrary or disproportionate enforcement. This study aims to analyze the extent to which judges may exercise judicial activism when imposing sentences below the statutory minimum. The research employs a normative legal method using statutory and conceptual approaches to reinterpret the principle of legality in its function as a regulatory instrument in criminal law and in relation to the concept of criminal responsibility. The study explores how the judiciary, as an independent pillar of the legal system, can play a corrective role in achieving substantive justice. The findings reveal two key conclusions. First, Judicial Activism may be applied within the bounds of the principle of legality, enabling judges to rectify prosecutorial errors and issue fairer sentences by balancing the defendant’s culpability with the circumstances surrounding the crime. This flexibility ensures that the law serves justice rather than rigid formalism. Second, judges must use clear guidelines when exercising such discretion, notably by assessing the degree of the defendant’s responsibility and the factual findings revealed during trial proceedings. Ultimately, this study underscores that judicial activism, when grounded correctly in legal reasoning and human rights protection, strengthens the legitimacy and humanity of the criminal justice system.
Legal Status of Victims of Sexual and Domestic Violence in Armed Conflict: International Legal Standards and Ukrainian Practice Andrii Sobakar; Liubov Kotova; Ihor Tatarenko; Kostiantyn Palshkov; Oksana Zuieva
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.v13i3.47347

Abstract

The article provides a comprehensive analysis of the legal status of victims of sexual and domestic violence in armed conflict through the prism of international legal standards and modern Ukrainian practice. The relevance of the topic is due to the ongoing armed aggression of the Russian Federation against Ukraine, which has led to a significant increase in the number of cases of sexual and gender-based violence, in particular in temporarily occupied areas, places of detention, and among internally displaced persons. The article aims to study the system of international and national legal mechanisms for the protection of victims of sexual and domestic violence during armed conflict, identify problems in the implementation of international legal norms in Ukrainian legislation, and formulate proposals for its improvement. The research used a complex of general scientific (analysis, synthesis, induction, deduction, systematic approach) and special legal (comparative legal, formal legal, historical legal, method of interpretation of legal norms) methods, which ensured the completeness and objectivity of the results obtained. The article reveals the content of the main international documents that determine the legal status of victims of sexual violence in armed conflicts. It is emphasized that these acts establish the obligation of states to ensure prevention, investigation, prosecution of perpetrators, and assistance to victims. The scientific novelty of the study lies in the systematic approach to determining the legal status of victims of sexual and domestic violence as a complex legal category, combining elements of international humanitarian law, international human rights law, and national legislation.
Martial Law and Transformation of the Social Security System: Issues of Equality and Access to Assistance for Internally Displaced Persons and the Population of Occupied Territories Oksana Valetska; Olena Arsentieva; Viktoriia Zholudieva; Viktoriia Yurovskа; Mykhailo Ternushchak
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.v13i3.48660

Abstract

The article examines the transformation processes in the social security system of Ukraine under martial law caused by the full-scale military aggression of the Russian Federation. The relevance of the topic is due to the need to ensure equality and justice in the distribution of social assistance among internally displaced persons and the population of temporarily occupied territories. It is noted that military actions have become a catalyst for profound structural changes in the field of social protection, which are manifested in the transition from traditional support mechanisms to digital and crisis-oriented social policy instruments. The purpose of the study is to analyze the current state of the social security system of Ukraine during martial law, identify key problems in ensuring equality and accessibility of social assistance, and develop proposals for improving state policy in this area. The methodological basis is made up of general scientific and special-legal methods, in particular: systemic, comparative-legal, formal-legal, structural-functional and content analysis. Empirical materials, statistical data and judicial practice on the implementation of social rights of IDPs and citizens from occupied territories were used. The results of the study showed that the existing model of social security during martial law retains signs of fragmentation and inequality in access to assistance. The digitalization of social services (in particular, through the “Diya” application) has significantly increased the efficiency of accounting and payments, but at the same time created barriers for vulnerable groups - the elderly, people without access to the Internet and residents of remote or occupied territories. The problem of social integration of internally displaced persons requires special attention, since state policy is currently focused mainly on short-term financial payments, and not on sustainable mechanisms for employment, housing support or social adaptation. The scientific novelty lies in the comprehensive analysis of the transformation of Ukraine’s social policy during martial law, taking into account the factors of territorial isolation and digital inequality. Conceptual directions for reforming the social security system are proposed, based on the principles of inclusiveness, intersectoral interaction, and international cooperation.
The Philosophical-Legal Aspect of the Methodology of Research on the Instruments of State Policy and Public Administration Pavlo Liutikov; Dmytro Pryimachenko; Vasyl Yurchenko; Anatolii Dietochka; Yaroslav Sydorov
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.v13i3.48690

Abstract

In particular, the study has shown that each of the approaches under consideration—epistemological, ontological, axiological, and systemic (in combination with synergetics)—has its own substantive purpose, yet together they form a comprehensive methodological framework for the respective scientific inquiry. It has been established that the epistemological approach ensures the identification of the ways, boundaries, and means of acquiring knowledge about the instruments of public administration. Its significance lies in the development of methods for collecting, verifying, and interpreting information, which include dialectical analysis of contradictions, metaphysical fixation of stable elements, logical operations of induction and deduction, analytic-synthetic data processing, as well as hermeneutic interpretation of concepts and norms. Within this approach, instruments are studied through the prism of how exactly they can be known, described, and explained by scientific means. It is noted that, in contrast, the ontological approach focuses on the nature, essence, and structural characteristics of instruments as socio-legal phenomena. Its methods are oriented not so much towards the process of cognition, but rather towards the identification of the fundamental properties of the object of study and its place within the structure of public administration. It is emphasized that the axiological approach provides the value-based dimension of the research, in which the criteria for evaluating an instrument are the ideals enshrined in the legal system and social consciousness, namely justice, equality, freedom, human rights, and others. It has been revealed that the systemic approach, reinforced by the synergetic dimension, makes it possible to consider public administration instruments in interaction with all elements of the public governance mechanism as a whole, to identify internal and external connections, as well as the patterns of their dynamics, self-organization, and adaptation to changes in the external environment. It is underlined that such a multi-level methodological construct ensures the comprehensiveness of scientific description, the internal consistency of conceptual frameworks, and their resilience to changes in both the external and internal environment of the public authority system as a whole.
Prevention of Corruption in the Field of Social Protection of the Population: Administrative and Criminal Legal Aspects Wiktor Branowicki; Olena Varhuliak; Oleksandr Kozlenko; Roman Melnychuk; Artur Makarov
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.v13i3.49356

Abstract

The article examines the problems of preventing corruption in the social protection sector from the point of view of administrative and criminal law aspects. The mechanisms of preventive influence are considered, in particular, the standardization of procedures, internal control, audit, and the implementation of e-government, which contribute to minimizing corruption risks. The criminal law measures of liability for abuse of power, acceptance or provision of illegal benefits, and forgery of documents in the field of social payments are analyzed. The importance of an integrated approach combining administrative and criminal mechanisms is emphasized to increase the transparency, accountability, and efficiency of the social protection system. Examples of foreign practice on the use of electronic platforms and internal audits as means of combating corruption are given. Corruption in the field of social protection of the population is a multifaceted and systemic phenomenon that negatively affects the effectiveness of state policy, the level of trust of citizens in state institutions, and social justice in society. It manifests itself in various forms: from bribery and abuse of official position to manipulation of the distribution of social benefits and subsidies. Administrative mechanisms for combating corruption play an important role in preventing offenses. The introduction of electronic management systems, automation of the processes of distributing social benefits, declaring the income of officials, standardizing application forms, and increasing the transparency of procedures allow minimizing the risks of abuse, increasing the accountability of social protection bodies, and preventing corrupt actions at the early stages. Criminal law measures provided for by the legislation of Ukraine are a necessary condition for effective combating corruption. Strict liability for abuse of power, acceptance or provision of undue benefits, and forgery of documents in the social sector provides a preventive effect, increases the level of discipline among officials, and forms a legal basis for combating corruption.
Политика использования социальных сетей в России после  Спецоперации в 2022 г.(Social Media Usage Policy in Russia after the Special Military Operation in 2022) Albert Muhammad Isrun Naini; Margarita Olegovna Naini
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.v13i3.50043

Abstract

This article examines the characteristics of social media usage in Russia, particularly following the special military operation in Ukraine in 2022, a period that marked a significant shift in the country’s information and communication landscape. The study aims to provide an in-depth analysis of how the Russian government regulates, restricts, and controls the use of digital media platforms among its citizens. Special attention is given to the political, security, and ideological considerations that underlie these restrictions, especially in the context of national sovereignty, information warfare, and state security. The primary objective of this research is to identify the key reasons behind limitations on social media usage and access to online information in Russia. It also seeks to analyze the legal framework governing these restrictions, including laws, government decrees, and regulatory policies that justify bans, content moderation, platform blocking, and surveillance of online activities. By examining these normative instruments, the article highlights how legal mechanisms are employed to shape public discourse and manage information flows in times of political tension and conflict. Methodologically, this study adopts the perspective of the social construction of mass media, which views media not merely as neutral channels of communication but as socially and politically constructed institutions influenced by power relations, ideology, and state interests. Through qualitative analysis of policy documents, official statements, and regulatory practices, the research illustrates how state narratives are reinforced through digital media governance. The findings indicate that the Russian government has developed a systematic and institutionalized policy framework to regulate social media and internet access. These policies significantly affect freedom of expression, access to alternative information sources, and patterns of online communication, reshaping the role of social media in Russian society in the post-2022 period.
Constitutional Boundaries of Judicial Deliberation: Reconstructing a Deliberative Boundary Framework in Constitutional Adjudication Fitria Esfandiari; Tunggul Anshari Setia Negara; Dhia Al Uyun; Riana Susmayanti
Jurnal Cita Hukum Vol. 14 No. 2 (2026): Summer Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v14i2.51391

Abstract

This article examines the constitutional boundaries of judicial deliberation in the practice of the Indonesian Constitutional Court by positioning the Judges’ Consultative Meeting (Rapat Permusyawaratan Hakim/RPH) as the primary deliberative space in constitutional adjudication. Existing studies on constitutional justice have largely focused on constitutional court decisions as final outputs, while the deliberative process through which judicial reasoning and constitutional meaning are constructed has received limited scholarly attention. This article contributes to constitutional adjudication scholarship by shifting the analysis from constitutional court decisions as final products to judicial deliberation as the formative process through which constitutional meaning is constructed. Using normative legal research with statutory, case, conceptual, and comparative approaches, this article analyzes Constitutional Court Decisions Number 46/PUU-XIV/2016, Number 005/PUU-IV/2006, and Number 90/PUU-XXI/2023 to examine deliberative configurations, patterns of judicial reasoning, and the role of dissenting opinions in constitutional review. The findings show that judicial deliberation functions not only as an internal decision-making mechanism, but also as a space for developing constitutional interpretation, which under certain conditions may lead to the implicit expansion of judicial authority. In response, this article proposes the Deliberative Boundary Framework as a normative-analytical framework for maintaining the balance between judicial independence and constitutional accountability through jurisdictional, procedural, reasoning, and substantive boundaries. The article argues that deliberative integrity is essential to sustaining the legitimacy of constitutional adjudication in a democratic constitutional state.

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