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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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Legal Framework For Offshore Wind In Vietnam: A Legal Comparative Analysis Of Pre-Development Permitting Process And Recommendations Vu Kim Hanh Dung; Le Ngoc Minh Thu; Trinh Thi Anh Thu; Diep Gia Tue
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.v14i2.53580

Abstract

The critical role of renewable energy, particularly offshore wind power, in Vietnam’s energy strategy advocates for supportive policies and innovative mechanisms to advance its development. Recently, the Power Development Plan VIII amended by the Prime Minister has further highlighted the importance of this energy source and the urgency to promote the plan. Offshore wind contributes up to 12 percent of the country’s electricity needs by 2035 and generates an estimated US$50 billion to the national economy. However, offshore wind projects in Vietnam have yet to receive investment approval or development decisions and currently remain at the site surveying stage due to legal and procedural bottlenecks, especially in the pre-development phase. In light of this situation, by using the written law analysis, the legal comparative and expert consultation methods, this paper analyzes the current situation of offshore wind power in Vietnam, the legal framework governing the permitting process for offshore wind surveys during the pre-development stage with a focus on Decree No. 58/2025/ND-CP and related regulations. It further compares Vietnam’s current approach with the regulatory practices of two mature offshore wind markets - Denmark and Germany - to make suitable legal recommendations for Vietnam. As a result, Vietnam’s legal framework is proven to entail unnecessary complexities, demotivating foreign developers from entering the offshore wind power market and wasting numerous development opportunities. This finding emphasizes the urgent need to reform the legal framework governing offshore wind power in order to promptly harness this resource and fulfill Vietnam’s established sustainable development goals.
Health Insurance Coverage for Patients with Critical Illnesses in Vietnam Compared to Canada and Proposed Recommendations Nguyen Thi Bao Anh; Nguyen Thi Chuc Linh; Vo Hoang Cung
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.v14i2.53581

Abstract

Individuals with critical illnesses require lifelong medication and medical care, often being unable to care for themselves. These individuals with critical illnesses do not qualify for social welfare support or monthly social allowances. Therefore, it is necessary to supplement health insurance regulations to benefit those with critical illnesses. This includes defining who qualifies as a person with a critical illness and identifying them as a group entitled to unique insurance benefits. On the other hand, Canadian Healthcare is primarily based on medical need, as determined by a medical professional, rather than the ability to pay. However, even though the Canadian health insurance system, established under the Canada Health Insurance Act, emphasizes providing medically necessary healthcare over ability to pay, it is not comprehensive insurance. This fact has been underscored in two landmark rulings, “Auton (Guardian ad litem of) v. British Columbia (Attorney General)” and “Wynberg v. Ontario”.
Cultural Heritage as an Object of Criminal-Law Protection: Comparative and International Perspectives with Reference to Azerbaijan Aykhan Khankishi Rustamzade; Afet Elkhan Farzullayeva
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.v14i2.53582

Abstract

The article identifies cultural heritage as an important object of criminal law protection in international and comparative dimensions, with an emphasis on the legislation of Azerbaijan.The methodological basis is a theoretical and legal comparative study, which consisted of a dogmatic analysis of international legal acts (the Hague Convention of 1954, the UNESCO conventions of 1970 and 2003, the Rome Statute of the ICC) with a comparison of national criminal legislation. The analysis was carried out based on the use of the corpus delicti construction (actus reus, mens rea, subject, sanction) in selected jurisdictions of the EU, the post-Soviet space and the Middle East. As a result, the existence of three models of criminal law protection of cultural heritage was established: institutionalized (EU), mixed (post-Soviet space) and fragmentary (Middle East). The main difference between them was the degree of transition from a material model (cultural property) to a human-centered one (cultural heritage). The results indicated that the criminal legislation of Azerbaijan mainly reflected a material approach, since cultural heritage was not defined as an independent object of criminal law protection and was regulated through general property norms. At the same time, the latest legislative changes (2024–2026), in particular the introduction of liability for negligent destruction of cultural values ​​and the expansion of the liability of legal entities, indicated a gradual transition to a hybrid model. Despite this, significant gaps were identified, in particular, the lack of specialized categories of crimes, the incomplete implementation of international standards, and the lack of a normative definition of cultural value.
Legal Barriers and Regulatory Risks in the Establishment of Private Inclusive Schools in the Republic of Kazakhstan Dinara Cherniyazova; Lyusyena Tokareva
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.v14i2.53583

Abstract

This paper is a doctrinal analysis of the current regulatory framework of the introduction of the concept of private inclusive schools in the Republic of Kazakhstan. Thirty-two normative legal acts were examined by formal legal analysis, systematic interpretation, doctrinal interpretation, and analysis of legal gaps and conflicts. The time frame of the analysis is 1995-2025, comprising the Constitution, the Entrepreneurial Code, the Social Code, the amendments of the inclusive education in 2021, and the international conventions. The findings indicate a lack of cross-sectoral coordination within the legal and regulatory framework, resulting in normative conflicts, legal gaps, and the absence of a special legal regime for private inclusive schools. Key gaps also include the absence of defined standards for reasonable accommodation, the lack of mandatory inclusive teacher training, and the absence of specific financing mechanisms. Regulatory contradictions also exist between the requirement of inclusive admission and sanitary capacity requirements, as well as between the requirements of the CRPD and subordinate legislation. Although, formally, Kazakhstan’s legislation reflects compliance with CRPD standards at the constitutional and legislative levels, real gaps still persist in lower-level legislation and implementation methods. This work constitutes the first systematized doctrinal interpretation of the regulation of private inclusive schools in Kazakhstan under current legislation. Policy reforms should focus on regulatory coordination and the elimination of the identified gaps.
ApplicaApplication of Computer Polygraph in Forensic Psychological Expert Research During Pre-Trial Investigation of Criminal Offensestion of computer polygraph in forensic psychological expert research during pre-trial investigation of criminal offenses Oleksandr Yevsiukov; Yuliia Sukhomlyn; Serhii Mytych; Borys Lukianchykov; Olena Riashko
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.v14i2.53584

Abstract

The article examines the methodological and procedural conditions under which the use of a computer polygraph within the framework of forensic psychological expert research at the stage of pre-trial investigation can be considered scientifically justified and procedurally acceptable. The study was implemented in the format of a sequential mixed design: in stage A, a quantitative content analysis of 60 depersonalized conclusions/reports of polygraph examinations in criminal proceedings was carried out, and in stage B, a two-wave structured survey of the expert community (N = 110; polygraph examiners, forensic psychologists/experts, investigators/prosecutors, lawyers) was conducted to form a consensus on a minimum standard. The quality of documentation was operationalized through the methodological transparency index (MPI) and the procedural compliance index (PCI). The reports were found to be moderately transparent (MPI M = 44.2) and marginally compliant (PCI M = 38.4), with moderate correlation between the indices (r = .54; p < .001), indicating incomplete agreement between the methodological and procedural components. Systemic deficiencies in documentation were identified, including the lack of alternative explanations for responses, countermeasures, and evidence of test invalidity; CIT/GKT documents showed higher MPI and PCI than CQT. Phase B results showed an acceptable level of agreement (Kendall’s W = .74) and a consensus minimum standard of 11 criteria was developed. A comparison of the stages revealed a significant gap between practice and the normatively expected standard, which outlines priorities for unifying documentation and increasing the evidentiary reliability of results.
Challenges of Harmonizing International and National Criminal Legislation of Ukraine Volodymyr Tykhyi; Yurii Kuryliuk; Volodymyr Nikiforenko; Liliia Polunina; Mykola Karpenko
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.v14i2.53585

Abstract

The study aims to analyze the main challenges of harmonizing international and national criminal legislation of Ukraine, to recognize the main legal and institutional barriers that influenced this process. The study was based on the application of doctrinal legal analysis and the comparative law method. This made it possible to analyze international legal acts, provisions of the criminal legislation of Ukraine, and modern scientific approaches to the interaction of international and national criminal law. The results of the study demonstrated that the harmonization process was characterized by several interrelated challenges, including regulatory gaps between international standards and national criminal legislation, institutional restrictions in the implementation of international legal norms, and difficulties in the practical application of the principles of international criminal law in the national legal system. The study also emphasized the growing influence of European integration processes on the modernization of criminal legislation, and the separate development of mechanisms for harmonizing national legal norms with European and international standards. The conclusions show that effective harmonization required legislative changes, as well as the separate development of the institutional capacity of the criminal system.
Harmonization of the Judicial System of Ukraine with European Standards of Justice Svitlana Semchyshyn; Sviatoslav Antoniuk; Valerii Shyshko; Vitalii Malekh; Ievhen Kubko
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.v14i2.53586

Abstract

The article examines the harmonization of Ukraine’s judicial system with European standards of justice as a fundamental component of the country’s legal and political integration into the European Union. The relevance of the study stems from the fact that an independent, impartial, and effective judiciary serves both as a domestic guarantee of human rights protection and as a key criterion in Ukraine’s EU accession process. The aim of the article is to identify the core European standards of justice, assess their implementation within the Ukrainian judicial system, and outline practical directions for further harmonization. The study focuses on the reform of Ukraine’s judiciary in the context of European integration and on the legal, institutional, and procedural mechanisms bringing national justice closer to the standards established by the Council of Europe and the European Union. Methodologically, the research is based on a qualitative analysis of legislation, policy documents of the European Commission, the Council of Europe, and the Venice Commission, relevant case law of the European Court of Human Rights, and academic literature published between 2010 and 2025. Formal-legal, comparative-legal, systemic, and problem-oriented methods are employed. The findings demonstrate substantial progress in restoring judicial governance bodies, introducing competitive judicial selection procedures, advancing e-justice, and strengthening the rule of law framework. Nevertheless, challenges remain regarding judicial vacancies, integrity mechanisms, disciplinary accountability, enforcement of court decisions, Constitutional Court appointments, and protection of judges from undue influence. The study emphasizes the need for a comprehensive model of judicial governance that combines independence, accountability, ethical standards, efficiency, and access to justice.
Regulatory and Legal Aspects of Digitalization and Development of the Infrastructure of a Settlement as a Factor in Improving the Quality of Life of the Population Maryna Susak
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.v14i2.53587

Abstract

The article considers the legal aspects of digitalization and development of the infrastructure of a settlement as a factor in the quality of life of the population. The legal regulation of electronic governance, electronic services, public electronic registers, geospatial data, electronic communications, urban planning cadastre, housing and communal services and informatization is analyzed. It was shown that digitalization affects the quality of life through the accessibility of public services, transparency of local government, spread of Internet access, digitalization of housing and communal services, use of relevant data in spatial planning and openness of environmental information. The main problems in legal regulation were identified: fragmented regulatory framework, lack of detailed provisions on digital powers of local governments, communities have uneven digital capabilities, registers are poorly integrated, there are potential risks for the protection of personal data. The need to improve legislation by consolidating the digital capabilities of communities, introducing unified standards for electronic services, ensuring the compatibility of registers, supporting small and rural communities, and strengthening the protection of the digital rights of the population was substantiated. It was formulated that the digitalization of settlements should be considered from the perspective of a legal and managerial tool for the modernization of territorial communities and improving the quality of life of residents.
Legal Protection for News Sources Charged Under Article 27 of the ITE Law Rudi Setiawan; Deni Guntara; Muhamad Abas
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.v14i1.54310

Abstract

This study analyzes the legal protection of media sources charged under Article 27 of the Electronic Information and Transactions Law (ITE Law) from the perspective of the Press Law, focusing on Decision Number 226/Pid.Sus/2025/PT BDG in conjunction with Number 7/Pid.B/2025/PN Kwg. There is a tension between the general ITE Law and the Press Law as the specific governing law in press-related enforcement, particularly following Constitutional Court Decision Number 145/PUU-XXIII/2025, which mandates that disputes over journalistic works be resolved through the mechanisms of the right of reply, the right of correction, and the Press Council first. Using a normative juridical approach that examines jurisprudence and a cooperation agreement between the Press Council and the National Police, this study finds that sources who provide statements in journalistic activities are protected under the Press Law and cannot be directly prosecuted under the ITE Law. This underscores the need for legal certainty for press personnel and sources facing criminalization risks in the digital space.
Legal Analysis of Judges’ Reasoning in Cases Involving Corruption at Regionally-Owned Enterprises: A Case Study of Pd Petrogas Persada Karawang Muhamad Dasilva Alghiffari; Deny Guntara; Muhamad Abas; Milla Mudzalifah
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.v14i1.54311

Abstract

This study examines two primary research questions: first, how corruption offenses are regulated under applicable laws in relation to the case of PT Petogras Persada, a Regional Government-Owned Enterprise (BUMD) in Karawang Regency; and second, how judges deliberated in sentencing at both the first-instance and appellate levels. This research employs a normative legal method with statute and case approaches. The findings reveal that the first-instance judicial panel applied Article 3 of the Anti-Corruption Law regarding abuse of authority under the subsidiary indictment. At this level, the defendant was sentenced to 2 years of imprisonment and required to pay substitute compensation amounting to IDR 5,145,224,363. Subsequently, the Bandung High Court increased the sentence to 4 years of imprisonment, which ultimately attained final and binding legal force (inkracht). The divergence in judicial deliberations between the two levels of adjudication reflects the dynamic application of sentencing theories, balancing individual considerations for the defendant against general preventive objectives in enforcing anti-corruption laws within regional state-owned enterprises. This study offers deep insights into the dynamics of judicial discretion and underscores the necessity of consistent legal reasoning to ensure justice and legal certainty in handling corruption cases involving segregated regional state assets.

Page 78 of 78 | Total Record : 780

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