Jurnal Cita Hukum-Indonesian Law Journal最新文献

Maladministration in Indonesia's Interreligious Marriage 印尼跨宗教婚姻管理不善

Jurnal Cita Hukum-Indonesian Law Journal Pub Date : 2023-04-30 DOI: 10.15408/jch.v11i1.31929

Asep Syarifuddin Hidayat

{"title":"Maladministration in Indonesia's Interreligious Marriage","authors":"Asep Syarifuddin Hidayat","doi":"10.15408/jch.v11i1.31929","DOIUrl":"https://doi.org/10.15408/jch.v11i1.31929","url":null,"abstract":"In Indonesia, the polemic on interfaith marriages has not yet ended, even though over time and the times. Even though the issue of interreligious Marriage has been handled and regulated in the Marriage Law, there are still many people who practice it. In Indonesia, interfaith marriages cause not only legal problems but also administrative ones. There are still exceptions to the Marriage Act that allow couples to marry across religions. Because according to positive Indonesian Law, Marriage is not equated with a simple genetic relationship. However, the administration must prove a legal relationship with the state, including the registration of marriages. The research method used is a qualitative research method with a literature approach. The results of the study state that there are still gaps and opportunities for maladministration in interfaith marriages. The behavior occurs in the form of apostasy or changing religions before Marriage, then changing beliefs after Marriage. This was done to get the legality of Marriage in the form of a marriage book. These maladministration opportunities must be closed and eliminated by making government regulations or giving strict sanctions to the perpetrators of maladministration. The sanctions are criminal or fines for people who carry out legal smuggling like this.","PeriodicalId":53726,"journal":{"name":"Jurnal Cita Hukum-Indonesian Law Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135802585","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Responsive Constitutional Law Strategy For Preventing Political Corruption Done By Local Political Dynasties 防止地方政治王朝政治腐败的应诉性宪法策略

Jurnal Cita Hukum-Indonesian Law Journal Pub Date : 2023-04-30 DOI: 10.15408/jch.v11i1.24754

Agus Riwanto, Sukarni Suryaningsih

{"title":"Responsive Constitutional Law Strategy For Preventing Political Corruption Done By Local Political Dynasties","authors":"Agus Riwanto, Sukarni Suryaningsih","doi":"10.15408/jch.v11i1.24754","DOIUrl":"https://doi.org/10.15408/jch.v11i1.24754","url":null,"abstract":"This article aims to examine corruption practices in the regions carried out by political dynasties and prevention efforts from the perspective of responsive constitutional law. It will examine the motives of political dynasties, forms of corruption by dynasties, factors that cause dynasties and efforts to prevent. This article uses a socio-legal method that is an interdisciplinary approach in the study of law by combining social sciences or humanities. Secondary data mainly comes from case, regulations and library. The results of the study show that the dynasties tend to practice the forms of corruption in the regions: corruption in the buying and selling of regional government positions and corruption in regional infrastructure projects originating from the Regional Budget Revenue. Factors causing political dynasties: the high cost of regional head elections and the absence of laws prohibiting dynastic practices in regional head elections. Efforts to prevent the practice of political dynasties for regional head elections from the perspective of responsive constitutional law are in the form of policies to regulate the regional head election system that prioritizes the principle of responsibility for public demands and provides alternative solutions through: reducing the cost of regional head elections, lowering the threshold for candidacy, changing the financing of regional head elections from the Regional Revenue Expenditure Budget to the State Expenditure Budget, separating local and national elections, a political culture that educates the people in voting, and policies for the welfare of the people in order do not elect dynastic candidates in regional head elections.","PeriodicalId":53726,"journal":{"name":"Jurnal Cita Hukum-Indonesian Law Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135802749","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Implementation of party projects as a way to strengthen the image of a public organization 实施党建项目，强化公共组织形象

Jurnal Cita Hukum-Indonesian Law Journal Pub Date : 2023-04-30 DOI: 10.15408/jch.v11i1.30819

Tatiana Evstratova, Natalia Medvedeva, Ekaterina Vetrova, Olga Kulikova, Olga Kolosova

引用次数: 0

Стиль Руководства Президента Индонезии В Решении Национальных Проблем (Indonesian President's Style of Leadership in Addressing National Problems) СтильРуководстваПрезидентаИндонезииВРешенииНациональныхПроблем(印尼总统的领导风格在解决国家问题)

Jurnal Cita Hukum-Indonesian Law Journal Pub Date : 2023-04-30 DOI: 10.15408/jch.v11i1.35139

Rahmat Syahid Suraya

{"title":"Стиль Руководства Президента Индонезии В Решении Национальных Проблем (Indonesian President's Style of Leadership in Addressing National Problems)","authors":"Rahmat Syahid Suraya","doi":"10.15408/jch.v11i1.35139","DOIUrl":"https://doi.org/10.15408/jch.v11i1.35139","url":null,"abstract":"The study examines the leadership style and political landscape of seven Indonesian presidents. From President Sukarno to President Joko Widodo. The method used in this research is a qualitative research method with a literarure approach. This study uses the Northouse theory (2016), which describes 15 styles of leadership: character approach, skill approach, behavioral approach, situation approach, pathway theory, theory of exchange of leaders-members, transformational leadership, authentic Leadership, Servant Leadership; adaptive Leadership: psychodynamic approach; leadership ethics; team leadership; gender and leadership. The findings of this study show that the leadership styles of the seven Indonesian presidents differ from each other. President Sukarno is associated with the Character Approach, President Suharto with the Path-Goal Theory, President BJ Habibie with the Behavioral Approaching, President Abdurahman Wahid with the Skill Approximation, President Megawati Soakarno Princess with Gender and Leadership, and President Joko Widodo with the Servant-style Leadership Approche.","PeriodicalId":53726,"journal":{"name":"Jurnal Cita Hukum-Indonesian Law Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135802584","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Mining of Cryptocurrencies: Analysis of Law Enforcement Practice and Problem Solving in Legal Regulation 加密货币挖矿:执法实践分析与法律规制中的问题解决

Jurnal Cita Hukum-Indonesian Law Journal Pub Date : 2023-04-30 DOI: 10.15408/jch.v11i1.31161

Svetlana Muradyan, Natalia Mikhaylenko, Anna Skachko, Yulia Ivanova, Elisei Rogachev, Elmir Alimamedov

引用次数: 1

The Government's Intervention in Functioning the Central Bank of the State Bank from the Practices of Vietnamese Law 从越南法律实践看政府对国家银行中央银行职能的干预

Jurnal Cita Hukum-Indonesian Law Journal Pub Date : 2023-04-30 DOI: 10.15408/jch.v11i1.26448

Vien The Giang

{"title":"The Government's Intervention in Functioning the Central Bank of the State Bank from the Practices of Vietnamese Law","authors":"Vien The Giang","doi":"10.15408/jch.v11i1.26448","DOIUrl":"https://doi.org/10.15408/jch.v11i1.26448","url":null,"abstract":"This paper aims to clarify the relationship between the organizational model of the Central Bank of Vietnam and the Government. In this model, the Government has many rights to intervene directly in the implementation of the central bank function of the State Bank of Vietnam. Such direct interventions have forced the monetary policy to run or depend on fiscal policy and have been forced to pursue the short-term goals of the Government. The State Bank of Vietnam (SBV) must still supply the Central Government Budget with an amount of money through advance payments to deal with the temporary deficit in the State Budget under the Prime Minister's decision. This made the stability (in the long –term) of monetary value and the sustainable development of the national economy of the central bank become very difficult. The State Bank regularly has to focus a lot of resources on maintaining the stability of the monetary market by resolving the market's hot spots or handling weak credit institutions by administrative interventions...under the Government's requirement that has reduced the independence of the SBV when performing the central bank function.","PeriodicalId":53726,"journal":{"name":"Jurnal Cita Hukum-Indonesian Law Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135802751","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Analysis of Law Enforcement Problems Related to Crime of Environmental Degradation Caused by Corporations in Indonesia 印尼企业环境破坏犯罪执法问题分析

Jurnal Cita Hukum-Indonesian Law Journal Pub Date : 2023-04-30 DOI: 10.15408/jch.v11i1.29127

Achmad Irwan Hamzani, Moh. Taufik, Mukhidin Mukhidin, Nur Khasanah

{"title":"Analysis of Law Enforcement Problems Related to Crime of Environmental Degradation Caused by Corporations in Indonesia","authors":"Achmad Irwan Hamzani, Moh. Taufik, Mukhidin Mukhidin, Nur Khasanah","doi":"10.15408/jch.v11i1.29127","DOIUrl":"https://doi.org/10.15408/jch.v11i1.29127","url":null,"abstract":"Corporations are part of industrialization that destroys the environment. Air pollution has damaged the environment. Criminal action against corporations for destroying the environment must provide a sense of justice. This study intends to examine the obstacles in handling corporate crime, which cause environmental damage, and how to deal with a corporate crime based on the value of justice. In this research, a philosophical approach was taken, namely the study of a case in terms of the ideal in the future. The study results found that there were obstacles in handling criminal cases of environmental destruction, such as those related to regional policies on investment, strong backing, and compensation, which then eliminated criminal cases. The Environmental Law regulates corporations' handling of criminal acts of environmental destruction. Accountability, in this case, is carried out by the business entity and the person in charge of the business entity. A crime can be applied to the management and owner of a corporation as a business entity. An offence is needed for corporations destroying the environment based on justice.","PeriodicalId":53726,"journal":{"name":"Jurnal Cita Hukum-Indonesian Law Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135802753","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Implementation of Business and Human Rights Principles (UNGPs) in the Protection given to Indonesian Laborers: Gender Perspective 企业与人权原则在保护印尼劳工方面的实施:性别视角

Jurnal Cita Hukum-Indonesian Law Journal Pub Date : 2023-04-30 DOI: 10.15408/jch.v11i1.29022

Arsyi Manggali Arya Putra, Nur Putri Hidayah

{"title":"Implementation of Business and Human Rights Principles (UNGPs) in the Protection given to Indonesian Laborers: Gender Perspective","authors":"Arsyi Manggali Arya Putra, Nur Putri Hidayah","doi":"10.15408/jch.v11i1.29022","DOIUrl":"https://doi.org/10.15408/jch.v11i1.29022","url":null,"abstract":"This research aims to analyze to what extent business and human rights principles have been implemented to protect workers and laborers in Indonesia according to the gender perspective. This research employed a normative method by analyzing the norms set forth in international law synchronized with the provisions in the statute (statutory approach) in Indonesia descriptively and conceptually. The research concludes that Ruggie initiated business and human rights principles as a new concept regarding corporate responsibility to meet the development of human rights. The protection of human rights for workers, especially women, has not been sufficiently given. The management of the dimension of human rights in employment-related matters requires business relations and human rights with the concept of three pillars. First, the state is responsible for preventing violations of human rights. Second, corporations are responsible for respecting human rights. Third, this pillar manages access to the recovery of victims of human rights violations. Furthermore, the protection of workers and laborers is governed by an employment law that needs to be elaborated further by normalizing business and human rights principles in the employment sector.","PeriodicalId":53726,"journal":{"name":"Jurnal Cita Hukum-Indonesian Law Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135802750","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Ethnic Mobility and the Formation of Political Identity in Indonesia 印尼的族群流动与政治认同的形成

Jurnal Cita Hukum-Indonesian Law Journal Pub Date : 2023-04-30 DOI: 10.15408/jch.v11i1.31571

Refly Setiawan, Sergey A. Sergeev

{"title":"Ethnic Mobility and the Formation of Political Identity in Indonesia","authors":"Refly Setiawan, Sergey A. Sergeev","doi":"10.15408/jch.v11i1.31571","DOIUrl":"https://doi.org/10.15408/jch.v11i1.31571","url":null,"abstract":"Indonesia is an archipelagic country that has many tribes and cultures, which make Indonesia a multi-cultural country. There are 5 religions recognized in Indonesia based on the Law of the Republic of Indonesia, namely: Islam, Christianity, Hinduism, Buddhism, and Confucianism. This research is related to ethnic mobility and the formation of political identity in Indonesia which is currently very interesting to be discussed by various researchers around the world, not only in Indonesia. In this study, researcher discuss ethnic mobility and the formation of political identity based on history that has occurred in Indonesia to date. The Indonesian nation Indonesia adheres to the Pancasila ideology so that the national ideology has a major influence on the unity and integrity of the nation. In this study, researcher also examined the ideological values of Pancasila and the nation's unifying motto called Bhinneka Tunggal Ika. This study uses a qualitative descriptive approach in which the researcher conducts a descriptive elaboration of ethnic mobility and the formation of political identity in Indonesia and ethnic participation in political parties in Indonesia. The results of the study show that in the past there were still many Indonesian people who considered themselves local residents and were reluctant to accept other ethnic groups to occupy certain positions in an area, including political positions. The separatist movement that emerged in an area due to the inequality of one region with another, such as the islands of Java and Sumatra, had caused inter-ethnic conflict and many people were anti-Chinese in the 90s. However, currently, Indonesia has provided space for various tribes and religions to be involved in political development in Indonesia based on Pancasila and the 1945 Constitution. Indonesia as a multiethnic country has upheld democratic freedoms for all nations and provided regional autonomy policies for each region in order to improve public welfare.","PeriodicalId":53726,"journal":{"name":"Jurnal Cita Hukum-Indonesian Law Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135802582","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Repositioning of Campus as a Cultural Movements Engine in the Eradication of Corruption 重新定位校园作为文化运动引擎在根除贪污

Jurnal Cita Hukum-Indonesian Law Journal Pub Date : 2023-04-30 DOI: 10.15408/jch.v11i1.32124

RR Dewi Anggraeni, Bachtiar Bachtiar, Iman Imanuddin

{"title":"The Repositioning of Campus as a Cultural Movements Engine in the Eradication of Corruption","authors":"RR Dewi Anggraeni, Bachtiar Bachtiar, Iman Imanuddin","doi":"10.15408/jch.v11i1.32124","DOIUrl":"https://doi.org/10.15408/jch.v11i1.32124","url":null,"abstract":"At the theoretical and historical level, the campus has always been a symbol of resistance to all forms of deviation, without exception for efforts to fight corruption as an extraordinary crime. Morally, the campus has an enormous responsibility to ensure and guarantee that Mother Earth is free from all corrupt practices. Even so, the campus is not a sterile area for corrupt practices. This study used a qualitative research method with a statutory approach. The results of the study state that corruption has penetrated into the joints of the life of the academic community, which should actually play a role as a locomotive in eradicating corruption. Recognizing that the corruption virus has spread among the academic community, it is urgent to reposition the role of the campus in the fight against corruption. Repositioning the role of the campus can be started from (i) aspects of the tri dharma of higher education, (ii) administrative aspects, and (iii) exemplary aspects. Repositioning the role of the campus should be done considering that the campus with the characteristics of its value-oriented academic community is believed to be the best place to teach and instill anti-corruption values as an ongoing cultural movement. The cultural movement has made the campus a laboratory for the process of institutionalizing anti-corruption values, principles, and morality. In the long term, this movement will become a culture that can free the nation's leading cadres from corrupt behavior and mentality.","PeriodicalId":53726,"journal":{"name":"Jurnal Cita Hukum-Indonesian Law Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135802752","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0