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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 11 Documents
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Search results for , issue "Vol 11, No 2 (2023)" : 11 Documents clear
Preventive Activities of the National Police of Ukraine to Counteract Domestic Violence under the Current Scenario Olena Dzhafarova; Ivan Ishchenko; Diana Kirika; Maryana Kachynska; Iryna Riazantseva
Jurnal Cita Hukum Vol 11, No 2 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i2.34065

Abstract

The purpose of the research is to examine the preventive activities of the National Police of Ukraine to counteract domestic violence under the current scenario. The article analyzes the main regulatory legal acts of Ukraine that regulate the adoption of urgent measures to prevent and counteract domestic violence and gender-based violence and protect the rights of persons affected by such violence. The main tasks and methods of the preventive units of the National Police of Ukraine include identification of facts of domestic violence and timely response to them; receiving and reviewing applications and reports of domestic violence, including consideration of reports received by the call center for preventing and countering domestic violence, gender-based violence, violence against children, etc. The methodological basis of the research is presented as comparative-legal and systematic analysis, the formal-legal method, the interpretation method, the hermeneutic method, as well as methods of analysis and synthesis. It is determined that the legislation of Ukraine in the field of countering and preventing domestic violence includes legislative and bylaws, departmental, and regulatory legal acts. It is noted that units of the National Police of Ukraine exercise powers in the field of preventing and countering domestic violence, taking into account international standards for the response of law enforcement agencies to cases of domestic violence and risk assessment. The general and special measures applied to abusers are specified, as well as the specifics of their application by the preventive units of the National Police of Ukraine in the field of preventing and countering domestic violence.
An Overview of Digital Media Literacy in Digital Bangladesh Barek Hossain; Mobassera Jahan Fatima; Valerii L. Muzykant; Cut Fitri Indah Sari Hoesin; Md Nahiduzzaman
Jurnal Cita Hukum Vol 11, No 2 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i2.34755

Abstract

The emergence of Web 2.0 has had an immense impact on the worldwide communication system, including the media. Therefore, traditional media outlets have shifted their focus exclusively to digital platforms. As a blessing of the rise of social media platforms, presses have been able to disseminate information swiftly, solicit reader criticism, and engage in two-way contact. However, gaining literacy, media, digital, and digital media literacy competencies are crucial to benefiting from these information technologies. Besides, by acquiring these literacy skills, citizens of a developing country such as Bangladesh can significantly impact that country's Sustainable Development Goals (SDGs). Moreover, these competencies can help a country's citizens be more aware of fake news, misinformation, disinformation, and malinformation. In this regard, the main objective of this article is to give an overview of digital media literacy in Bangladesh. For this purpose, the secondary data analysis method has been used to shed light on the digital inclusion process and development of information and communication technologies (ICT) in Bangladesh. Also, a literature review has been conducted on existing research on digital media literacy in the country. Finally, this research concluded that although the digital Bangladesh process has achieved great success in the short term, the supply of reasonable access to ICT for all the country's citizens will need more time. Thus, the government and non-government organizations and citizens of Bangladesh need to go to extra mile to minimize this digital divide. Therefore, some potential components considered in the digital divide are citizens' position in rural vs. urban areas, literacy and income status gaps, and age range. Keywords: Media Literacy; Digital Literacy; Digital Media Literacy; Digital Divide; Bangladesh
Legal Aspects of Sharing Economy Business Model Andi Iswandi
Jurnal Cita Hukum Vol 11, No 2 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i2.34616

Abstract

Artikel ini menyelidiki aspek hukum yang terkait dengan model bisnis ekonomi berbagi. Model bisnis ini telah mengubah lanskap ekonomi dengan memfasilitasi pertukaran barang, jasa, dan sumber daya secara peer-to-peer melalui platform online. Artikel ini menganalisis berbagai aspek hukum yang relevan, termasuk tanggung jawab hukum platform terhadap pengguna, status hukum penyedia jasa dan konsumen, perizinan dan regulasi yang berlaku, serta isu perlindungan data dan privasi. Dalam konteks hukum kontrak, pertanggungjawaban produk, pajak, dan perlindungan konsumen, artikel ini menggambarkan tantangan dan perkembangan yang muncul dalam mengatur model bisnis berbagi. Dengan merinci studi kasus dari berbagai sektor dalam ekonomi berbagi, penulis artikel ini mengidentifikasi tren hukum yang muncul dan memberikan pandangan tentang arah perkembangan regulasi di masa depan. Melalui analisis komprehensif ini, artikel ini bertujuan untuk memberikan pemahaman yang lebih baik tentang kerangka hukum yang membentuk model bisnis ekonomi berbagi dan implikasinya terhadap berbagai pemangku kepentingan.   
Perspectives on constitutional responsibility some countries in the world introduction and comparison with Vietnam Nguyen Thi Hai Van; Chu Van Ninh
Jurnal Cita Hukum Vol 11, No 2 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i2.30616

Abstract

The Constitution is the document with the highest position in the legal hierarchy, acting as the original law, as a basis for other documents in the system of legal documents of each country. The contents are indispensable in most constitutions. With the highest legal position and effect, the constitution plays an important role in ensuring human rights and citizens' rights by recognizing these rights, binding the state's responsibility in realizing these rights. constitutional rights and the constitution is also a document restricting the power of the state. Constitutional liability is an important tool for strengthening and developing democracy, but in practice, not all countries are directly mandated by their constitutions or legal documents constitution as a special form of liability. This article gives a general review of constitutional liability in a few diffe ent nations to compare and offer ideas for considering the constitutional liability institution in Vietnam.
Reflection of Russian-Ukrainian military conflict in Indonesian and world Digital Media Panca Syurkani; Valerii L. Muzykant
Jurnal Cita Hukum Vol 11, No 2 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i2.34602

Abstract

The military conflict between Russia and Ukraine occurred in February 2022, to be precise, on the 24th. This conflict was quite large because it resulted in many civilians fleeing and damage to various public facilities. The Indonesian people participated in providing various comments related to this conflict related to the military, economy, politics as well as law on human rights aspects. Therefore, the researchers want to find out more about the Analysis of the Russo-Ukrainian military conflict the Media especially the reaction of the Indonesian people to the media coverage of the topic. The research method used is descriptive qualitative. Data collection techniques were carried out by observing various Indonesian media, which contained comments about the Russian-Ukrainian military conflict. The data that has been collected will then be analyzed in depth to find out the results of research which states that the majority of Indonesian media say that many people are more supportive of Russia in taking action against Ukraine because NATO broke the agreement that was made before. Meanwhile, in terms of human rights, this conflict has committed a number fakes as well as human rights violations, such as cases of sexual harassment, murders without prior trial, destruction of facilities, and so on, as stated in international human rights law as contained in the Universal Declaration of Human Rights article 3. , Article 5, Article 6, Article 10, Article 13, Article 20, and so on. In addition, Indonesian people who are consumed by information so that they write various negative comments smelling of defamation also violate the rules regarding human rights as per the 1945 Constitution and the rules that apply in Indonesia.
Termination of a Criminal Case (Criminal Prosecution) Due to the Imposition of a Court Fine Alexander Volevodz; Dmitriy Ivanov; Sergey Polyakov; Viktor Bezryadin; Vladislav Alyshkin
Jurnal Cita Hukum Vol 11, No 2 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i2.34007

Abstract

This article aims to examine the termination of criminal cases through court fines as a means of compensating for harm caused by crimes. The study utilizes a systematic approach to analyze the legal provisions and judicial practices related to the imposition of court fines since 2016. Results indicate that full compensation for harm is crucial for applying termination grounds under Art. 25.1 of the Criminal Procedure Code. Voluntary harm compensation often leads to the termination of criminal cases, effectively preventing the creation of a criminal record for the accused
Implementation of Caning Punishment in Nanggroe Aceh Darussalam Province in a Human Rights Approach Muhammad Taufiki; Sonifah Albani; Kamarusdiana Kamarusdiana
Jurnal Cita Hukum Vol 11, No 2 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i2.34607

Abstract

One of regional autonomy in Indonesia is the granting of special autonomy to the Provincial Government of Nanggroe Aceh Darussalam which is regulated in Law no. 44 of 1999 concerning the administration of Aceh's privileges. Islamic criminal law in Indonesia was born in the Province of Nanggroe Aceh Darussalam. Which law is different from Indonesian criminal law in general. Currently, the law is summarized in the Aceh Qanun number 6 of 2014 concerning criminal (jinayat) law. The discussion was related to the application of caning punishment in Aceh, which has undergone various changes in its implementation procedures to date. At present there is a conflict between the Aceh Qanun regarding the Jinayat law and the new regulation issued by the Governor of Nanggroe Aceh Darussalam Province regarding the application of the caning law. What was previously carried out in the open (in the courtyard of the mosque) was moved to a closed place, namely in a penitentiary in accordance with Governor Regulation 05 of 2018 concerning the Application of the Jinayat Procedural Law Article 30. The move to the implementation venue has been in the spotlight since the discourse of this rule until the issuance of this legal product, even now, when this material is raised for a more in-depth study, it still reaps extraordinary enthusiasm. 
Legal Consequences of Repurchase Agreement Transaction Against Buyer with Non-Good Faith Party in Civil Law Faris Satria Alam; Budi Santoso; Yunanto Yunanto
Jurnal Cita Hukum Vol 11, No 2 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i2.33790

Abstract

Exchanges inside the community are commonly alluded to as securities financing exchanges or repos. In certain markets, this will moreover be seen as a prospects exchanging course of action whose essential reason is to lend or borrow cash. In any case, like all other exchange, a repo exchange isn't resistant to the chance of default, and the party who endures a loss due to default will be held at risk for the misfortune in great confidence. Shockingly, this is often not continuously the case. In a commentary titled "Legitimate Suggestions of Buybacks for Customers Who Have Misplaced Believe in Respectful Law," the creator analyzes different sources of data pertinent to entering into buyback understandings, counting the author's own composing fashion. The contention put forward by the creator is that for a substantial exchange the buyer must be a bona fide shopper who is unconscious of any surrenders within the products acquired and the exchange of title must be formalized in composing. That's what it implies. I concur with that as well. On the off chance that resources are utilized in exchanges such as promises, bona fide buyers must be fulfilled that the conditions are met. Agreeing to this ponder, future repurchase exchanges may have legitimate suggestions for noxious indebted individuals (buyers). Commercial exchanges and respectful contracts include dangers, particularly in the event that the resources included must be sold, are perpetual, cannot be exchanged or utilized to secure obligation.Keywords: Repurchase Agreement, Transaction, Good Intention
The Investigator’s Actions to Compensate for the Harm Caused by the Crime in Determining the Form of Terminating the Preliminary Investigation Dmitriy Ivanov; Vasily Potapov; Vitaliy Vasyukov; Valeriia Artemova; Elmir Alimamedov
Jurnal Cita Hukum Vol 11, No 2 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i2.34006

Abstract

Investigations into the termination of preliminary criminal investigations traditionally encompass two forms: closing a criminal case and concluding the preliminary investigation through an indictment for prosecutor transfer. Prior research has examined these processes, emphasizing the importance of procedural correctness and legal compliance. However, existing studies fall short in elucidating the investigator's actions concerning harm compensation during preliminary investigation termination. The purpose of this study was to explore the investigator's actions to ensure compensation for harm caused by a criminally punishable act during the termination of the preliminary investigation. The authors employed a holistic approach, including the general scientific method, systematic analysis, synthesis, and comparative legal analysis. The results revealed that regardless of the form of termination, measures for compensating victims of criminal acts must be taken. These include appealing against unlawful decisions, and preparing claims for rights protection and compensation in civil proceedings. Compensation for harm remains a priority throughout pre-trial proceedings, even after termination.
Peculiarities of the principles of criminal and administrative law during the provision of the right to education in the conditions of the introduction of martial law: legal regulation and international standards Alina Chorna; Yevhen Leheza; Olha Merdova; Denys Vlasenko; Shavkat Davlatov
Jurnal Cita Hukum Vol 11, No 2 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i2.32140

Abstract

The purpose of the research is to consider the essence of principles of criminal law and the particularities of their implementation under conditions of war. It has been substantiated that the main idea of criminal law principles consists of their systematic, balanced, comprehensive performance in relation to subjects of criminal legal concerns. The mentioned principles apply to law-making and law enforcement, both in peacetime and wartime. The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, interpretation method, hermeneutic method, and methods of analysis and synthesis. A conclusion has been made about the necessity to observe human rights standards in prosecuting persons who have committed crimes against humanity and have been involved in such crimes. The civilized world must meet civilized standards and ensure security through civilized means.

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