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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 780 Documents
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State Control of Economic Digital Resources as a Living Constitution in Indonesia Abu Tamrin; Indra Rahmatullah
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.v14i2.51694

Abstract

The Constitution is pivotal in regulating the national economic system as the supreme law of the nation. It must accommodate the development of the digital economy in the era of globalization to ensure Indonesians’ prosperity. This article proposes a new interpretation of state control of digital economic resources, given that the constitution has thus far been limited to controlling natural resources. The article uses a normative legal research approach to analyse the constitutional norms that are hermeneutically interpreted. The current constitutional norm, which limits state control to natural resources such as the earth, water, and the wealth contained therein, requires revision considering the rapid development of digital technology. It is necessary to broadly interpret these constitutional norms, extending them to include the wealth of digital space, specifically personal data. This interpretation is a crucial step in ensuring the upholding of the Indonesian nation’s digital sovereignty, particularly in the evolution of the constitution. This interpretation also protects against the negative impacts of technological progress, including data colonialism, monopoly, and national security threats. These contradict Pancasila’s national economic philosophy, democracy, and economic democracy. Therefore, a constitution that is adaptive to the digital economy must provide a reference point for the state in constitutionalizing all political, social, and digital economic policies. The purpose is to protect citizens' digital rights, improve people's welfare, and strengthen state sovereignty in the digital era while protecting against the threat of technological capitalism-liberalism.
Reconstructing the Legal Manhaj al-Fatwa for Global Islamic Financial Technology Governance Andi Iswandi; DEWI MAULIDA
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.v14i2.52179

Abstract

The accelerating development of global financial technologies, such as financial technology (fintech), artificial intelligence (AI), blockchain, cryptocurrencies, digital banking systems, and smart contracts, has significantly reshaped the contemporary Islamic finance ecosystem. These technological innovations have introduced increasingly sophisticated digital financial products and transaction models that challenge the capacity of conventional fatwa methodologies to provide effective and timely legal guidance. This study investigates the necessity of reconstructing the legal manhaj al-fatwa to support the governance of global Islamic financial technology while proposing a more responsive, adaptive, and maqāṣid-based framework for Islamic legal reasoning in the digital era. Using a qualitative library research approach, the study analyzes fatwas issued by the Indonesian National Sharia Council (DSN-MUI), relevant financial regulations, contemporary Islamic legal scholarship, and recent academic literature on Islamic fintech governance. The findings demonstrate that technological disruption has generated a range of emerging legal concerns, including the Shariah status of crypto-assets, transparency and accountability of AI-based financial algorithms, consumer data protection, cybersecurity risks, automated contractual arrangements, and cross-border digital financial transactions. The study further reveals that traditional fatwa approaches, which often rely on textual interpretation and reactive legal responses, are increasingly inadequate for addressing the complexity and dynamic nature of modern digital finance. Consequently, the reconstruction of the legal manhaj al-fatwa should incorporate the principles of maqāṣid al-sharīʿah, fiqh al-wāqiʿ, and maṣlaḥah mursalah, supported by interdisciplinary collaboration among Islamic scholars, technology specialists, regulators, and industry stakeholders. Such an approach is crucial for maintaining the relevance of Islamic legal authority, enhancing consumer protection, fostering regulatory adaptability, and promoting a fair, inclusive, and sustainable system of global Islamic financial technology governance.
Governing AI in Education: Mapping the Regulatory Gap Between Algorithmic Deployment and Student Data Protection in Asia-Pacific Jurisdictions Jin Zhen; Haniff Ahamat; Xiao Shurui
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.v14i2.53565

Abstract

The rapid deployment of artificial intelligence systems in educational settings across Asia-Pacific jurisdictions has outpaced the development of regulatory frameworks capable of addressing the distinctive risks these systems pose to student data. This article provides a systematic literature review and descriptive comparative institutional analysis of six major regulatory frameworks — the EU General Data Protection Regulation and AI Act, China's Personal Information Protection Law and algorithmic regulation, the ASEAN national PDPA series, the ASEAN Model Contractual Clauses, and the US FERPA/COPPA reference framework — mapping their coverage against the documented realities of AI education deployment. Four structural dimensions of regulatory gap are identified: (1) the absence of educational context-specificity in platform-neutral regulatory designs; (2) a temporal mismatch between dynamic AI system updates and static compliance mechanisms; (3) the fragmentation of cross-border accountability when student data traverses jurisdictional boundaries; and (4) the diffusion of responsibility across multi-actor deployment chains. This article provides the descriptive and empirical foundation for a three-paper research series. It does not propose solutions or normative prescriptions; those normative and design dimensions are addressed in companion work and constitute directions for future research.
Structural Neutrality Deficits and the Limits of Judicial Impartiality in the China International Commercial Court: A Comparative Institutional Analysis Li Nan; Nabeel Mahdi Althabhawi; Nadhilah Binti A. Kadir
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.v14i2.53566

Abstract

The rise of international commercial courts indicates that cross-border commercial dispute resolution is moving beyond an arbitration-dominated model towards a landscape in which national courts, arbitration mechanisms and hybrid dispute resolution platforms coexist. Established within the Supreme People’s Court, the China International Commercial Court (CICC) reflects China’s institutional effort to strengthen foreign-related commercial adjudication and participate in global competition in commercial justice. This paper argues that the CICC’s central difficulty is not merely a lack of internationalization, nor actual bias in individual cases, but the insufficient institutionalization of structural neutrality, which limits the generation, manifestation and cross-border acceptance of judicial impartiality. Drawing on normative jurisprudence, comparative law and conceptual institutional analysis, this paper develops a three-dimensional framework of organizational neutrality, procedural neutrality and perceived neutrality, and examines the CICC’s structural deficits in jurisdiction, judicial composition, organizational embedding, the Expert Committee, procedural autonomy, foreign lawyer participation and language mechanisms. It finds that the actual connection requirement restricts the CICC’s function as a neutral forum; its single-nationality adjudicatory structure and internal embedding within the Supreme People’s Court weaken organizational neutrality; and the Expert Committee cannot substitute for international participation with adjudicatory authority. Through comparison with the SICC, the DIFC and the CICAP, this paper argues that the CICC should pursue structural inclusivity within the framework of sovereignty through limited jurisdictional openness, regulated international participation, procedural autonomy, limited access for foreign lawyers, bilingual administration of justice and adjudicatory transparency, thereby reconstructing structural neutrality and enhancing cross-border credibility.
Specifics of Criminal Activity and Resocialization of Women Prisoners in the Czech Republic František Vlach; Tereza Kolouchová
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.v14i2.53567

Abstract

The article addresses the specific features of female criminality and the resocialisation of women in the Czech prison system within the broader European context. Based on a historical overview, it is shown that female criminal behaviour differs significantly from male criminality in terms of motives and social determinants. The study analyses available statistical data confirming that the Czech Republic belongs among the European countries with an above-average share of incarcerated women. Particular attention is paid to criminogenic factors such as family background, traumatic experiences, mental health issues, addictions, economic dependency, and insufficient education. The empirical part of the research employs a mixed-methods design, combining a questionnaire survey among incarcerated women with semi-structured interviews with prison staff. The findings confirm that socio-economic factors and previous victimisation play a crucial role in female criminality, which calls for the adoption of gender-sensitive and comprehensive approaches in resocialisation programmes. The authors propose strengthening multidisciplinary cooperation, expanding the use of alternative sanctions, developing therapeutic programmes, and systematically supporting education and employment opportunities for women after release from prison.
The Titles of Ottoman Sultans: Sovereignty, Legitimacy, and the Transformation of Ruler Titles in Ottoman Political and Legal Terminology Serhat Soyşekerci
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.v14i2.53568

Abstract

The Persian word pādshāh, literally meaning “one who possesses power” or “ruler,” constitutes the principal customary (urfī) sovereign title of the Ottoman ruler and reflects the legal and political understanding of dynastic authority. This article aims to examine the transformation of Ottoman ruler titles and to clarify the conceptual distinctions between formal titles, epithets, and sobriquets within Ottoman political and legal terminology. The study is necessary because these designations function not merely as expressions of respect or personal attributes but also as indicators of sovereignty, legitimacy, and the legal status of the ruler within the Ottoman political order. Based on Ottoman customary law (ʿurf), dynastic traditions, and the historical development of Ottoman state terminology, this research analyzes the use and meaning of titles and appellations such as gazi, bey, hüdâvendigâr, çelebi, and han, which were frequently employed in the early Ottoman period in place of formal titulature. These expressions generally followed the ruler’s personal name and represented personal qualities, military achievements, or forms of prestige rather than official sovereign titles. For instance, the founding rulers Osman Bey and Orhan Bey were commonly referred to as Gazi, demonstrating the use of such expressions as epithets or alternative appellations. Following the reign of Mehmed II (Mehmed the Conqueror), the title Sultan became established as the principal dynastic title in Ottoman political terminology and began to be placed before the ruler’s name. The study concludes that Ottoman ruler titles evolved from personal and honorific designations into a more institutionalized system of dynastic titulature, through which the sovereignty, legitimacy, and legal-political identity of the Ottoman ruler were articulated.literally meaning «one who possesses power» or «ruler», constitutes the principal customary (ʿurfī) sovereign title of the Ottoman ruler. Throughout different periods, the Ottoman dynasty also employed a variety of epithets and sobriquets, such as gazi, bey, hüdâvendigâr, çelebi, and han, which functioned in place of formal titles. Particularly in the early Ottoman period, these appellations followed the ruler's personal name and denoted personal qualities, military achievements, or expressions of respect rather than official titulature. Since they were not formal titles, they conventionally appeared after the ruler's name. For example, the founding rulers Osman Bey and Orhan Bey were commonly referred to as Gazi. Such designations may also be regarded as epithets or alternative appellations. Following the reign of Mehmed II (Mehmed the Conqueror), Sultan came to be recognized as the official dynastic title in Ottoman political terminology and was placed before the ruler's name. In modern Turkish usage, however, the term sultan, when combined with a possessive pronoun, has come to be employed as a general form of address applicable to virtually anyone. This article seeks to clarify the conceptual distinctions between formal titles, epithets, and sobriquets in the context of Ottoman political terminology.
The Role of Criminal Justice in The Fight Against Terrorism: Theoretical and Practical Aspects Anastasiia Chystiakova; Yurii Shynkarov; Serhii Pekarskyi; Pavlo Harasym; Volodymyr Yusupov
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.v14i2.53576

Abstract

Terrorism remains a primary force transforming and redefining contemporary justice systems, with long-term impacts, in turn, on criminal law, criminal procedure, the police, and international cooperation. This is a topical subject because democratic states are in the dilemma of having to constructively secure their populations against terrorist violence while upholding legality, due process, and rights, and avoiding undermining institutional legitimacy by over-securitization. This research paper aims to examine the role of criminal justice in the fight against terrorism from theoretical and practical perspectives, and the subject of the research is the criminal justice system used for crime control and justice in counter-terrorism practice and policy. The research relies on qualitative doctrinal-comparative and case-study institutional and systemic analysis of legal rules, judicial practice and international counter-terrorism sources. The findings are that criminal justice has normative, attributive, incapacitative, deterrent, legitimating, and evidentiary functions in counter-terrorism. It is argued that criminal justice is maximized through counter-terrorism when it functions not only by punishing finished attacks but also by legally structured intervention into financing, recruiting, training, conspiracy, and related preparatory acts. The practical importance of this paper is to provide a balanced criminal justice-centered model of counter-terrorism.
Governing Digital Nomad Employment Under International and Comparative Law: From Regulatory Models to an Interdisciplinary Governance Framework Khuc Thi Trang Nhung
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.v14i2.53577

Abstract

This article examines digital nomad employment as a cross-border legal issue in the labour market of the digital economy. Rather than describing Vietnamese law in isolation, it analyses how selected legal systems and international institutions are addressing this form of work through the principal regulatory axes of determination of employment status, platform and algorithmic management, visa and residence rules, taxation, social security, applicable law and dispute-settlement mechanisms. Drawing on the experiences of the ILO, the European Union, the United States, Japan, Estonia, Thailand and selected digital nomad visa regimes, the article argues that the governance of digital nomad employment cannot be based solely on the traditional territorial logic of labour law. It must instead be framed as an interdisciplinary regulatory architecture combining labour law, migration law, tax law, social security, data governance and private international law. Vietnam is used as a reference case to assess the selective transplantation of international experience and to suggest a suitable governance direction for developing countries in the context of digital integration.
The Right to Vocational Training for Ethnic Minorities in Vietnam: Legal Implementation and Comparative Perspectives in the Context of Sustainable Development Kieu Thi Thuy Linh
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.v14i2.53578

Abstract

This article examines the right to vocational training and its implementation for ethnic minorities in Vietnam in the context of sustainable development. Drawing on the Rights-Based Approach (RBA) as the primary analytical framework, the study argues that vocational training should be understood not merely as an economic instrument but as a legal obligation of the State to ensure social equity. Through doctrinal legal analysis and an examination of implementation practices, the article evaluates Vietnam’s current legal framework and identifies a significant shift from a charity-based model towards an empowerment-oriented approach that enhances the autonomy of ethnic minority communities. Despite notable achievements in policy coverage, the implementation process continues to face limitations, particularly in terms of institutional coordination and adaptability to the digital economy. By examining comparative experiences from Australia, Canada, and China, the study highlights key lessons, including the adoption of embedded training models, the recognition of community self-determination, and the development of comprehensive support systems. Methodologically, the research employs doctrinal analysis, secondary data review, comparative analysis, and synthesis. Based on these findings, the article proposes a set of legal and policy recommendations, with particular emphasis on institutionalizing delegation mechanisms and differentiating target groups in vocational training policies. These measures aim to transform vocational training into an effective tool that enables ethnic minorities to actively integrate and achieve sustainable development.
A Comparative Study on the Green Economy Legal Frameworks of China and Vietnam Luong Khien Pham; Thi Hoai Phuong Nguyen
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.v14i2.53579

Abstract

China and Vietnam have adopted different legislative approaches and institutional models in the development of their legal frameworks on the green economy. This article aims to conduct a comparative study on the green economy legal frameworks of China and Vietnam, thereby identifying their similarities and differences. The research employs doctrinal legal research methodology combined with comparative legal methods. On the basis of an analysis of normative legal instruments, policy documents, and official materials of the two countries, the article focuses on comparing their legislative models, the structural architecture of their legal systems, and their core legal institutions. The findings reveal that China has progressively established a relatively comprehensive and coherent legal system pertaining to the green economy. Conversely, while Vietnam has made significant strides in recent years, its current legal framework remains fragmented and continues to be subject to further refinement. The article concludes that, notwithstanding their shared commitment to sustainable development and the transition towards a green economy, China and Vietnam exhibit considerable divergences with respect to their legislative models, the degree of completeness of their respective legal systems, and their enforcement mechanisms.

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