Jurnal Cita Hukum-Indonesian Law Journal最新文献

{"title":"Correlation of Legal Concepts of Administrative Procedure and Administrative Liability in the Sphere of Urban Planning","authors":"Nataliia Zadyraka, Yevhen Leheza, Mykola Bykovskyi, Yevhenii Zheliezniak, Yulia Leheza","doi":"10.15408/jch.v11i1.31784","DOIUrl":"https://doi.org/10.15408/jch.v11i1.31784","url":null,"abstract":"The purpose of the research is to identify the correlation between legal concepts of administrative Procedure and administrative liability in the sphere of urban planning. Main content. The regulatory basis for imposing administrative sanctions in the specified sphere consists of violating legislation, building regulations, standards, rules, etc. Methodology: The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, interpretation method, hermeneutic method, as well as methods of analysis and synthesis. Conclusions. It is noted that the mechanism of bringing to administrative liability is based on a considerable number of legislative acts, building codes, standards, and rules, and this fact makes it much more challenging to understand this set of rules and contributes to their violation. Emphasis is placed on the fact that many offences in urban planning activities are detected during state architectural and construction control and supervision. Disclosed are some positions of the Supreme Court regarding the consideration and resolution of disputes related to appeals against resolutions on acceptable imposition. Peculiarities of implementation of norms of the institution of administrative liability in the sphere of urban planning activities for offenders of variable status have been revealed.","PeriodicalId":53726,"journal":{"name":"Jurnal Cita Hukum-Indonesian Law Journal","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135802754","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}

{"title":"Tackling for Human Trafficking: Village-based Movement of Migrant Workers in Lembata, Indonesia","authors":"Lindra Darnela, Ahmad Tholabi Kharlie","doi":"10.15408/jch.v11i1.30970","DOIUrl":"https://doi.org/10.15408/jch.v11i1.30970","url":null,"abstract":"Studies on the role of villages in combating human trafficking have not been much discussed. This paper examines the efforts of the grass roots to counter human trafficking in Lembata, Indonesia. Data based on observations, interviews with the government, and discussions with six migrant workers' communities in Lembata. The methods used are qualitative research methods with literary approaches and empirical approaches. The results of the research indicate that the people of the village in Lembata have succeeded in providing alternative livelihoods for the former Indonesian Labour Force through the strengthening of the productive economy. This community has also been able to train and support the candidate TKI to acknowledge its rights and duties. This study proves that the bottom-up system is an effective way to tackle human trafficking.","PeriodicalId":53726,"journal":{"name":"Jurnal Cita Hukum-Indonesian Law Journal","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135802755","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}

{"title":"Women, Peace, and Conflict; Increasing The Capability And Number of Indonesian Women Peacekeepers in the United Nations Interim Force in Lebanon (Unifil)","authors":"Masyrofah Masyrofah, A. Lubis","doi":"10.15408/jch.v10i3.24764","DOIUrl":"https://doi.org/10.15408/jch.v10i3.24764","url":null,"abstract":"This study aims to analyze the role of the government in increasing the participation of Indonesian women in the UN UNIFIL peacekeeping mission in Lebanon, the approaches and strategies used by women peacekeepers while on duty at UNIFIL Lebanon. Based on Presidential Regulation (Perpres) No. 18/2014 concerning the protection and empowerment of women and children in social conflicts, in contrast to the fact that women's involvement in carrying out UNIFIL's peacekeeping mission is still weak, even though women have great potential in soft power. Women have a different approach in seeking peace between the two parties involved in the conflict or only to keep the peace from disappearing. This research is qualitative research with a statutory approach, peacebuilding, conflict resolution, international law, politics. Data collection techniques through interviews and literature studies. The findings of this study that UNIFIL is evidence of Indonesia's success in world peace missions, women peacekeepers in the TNI MPP Troops have a role that cannot be replaced by elements other than the Women's Corps of TNI and Women's Police of the Police, considering the conflict field that prioritizes the special skills of Wan TNI and Women’s Police. Apart from that, the unique socio-religious-cultural characteristics in the South Lebanese region have a fairly complex composition, including interfaith and intra-faith sensitivity, Sunni-Shi'a dimensions, the Druze sect. The readiness of Indonesian women peacekeepers is in good condition and continues to increase. This is since the potential of Indonesian women peacekeepers is an integral part of the TNI's uniqueness, namely the ability in territorial development is a distinctive characteristic of the TNI as a national army born in conditions of struggle, and its operational capabilities are closely related to raising support from the community in its area of operation. ","PeriodicalId":53726,"journal":{"name":"Jurnal Cita Hukum-Indonesian Law Journal","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44102570","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}

{"title":"The Law Enforcement of Illegal Fishing in the Perspective of UNCLOS 1982: The Case of Illegal Fishing in the North Natuna Sea","authors":"Yordan Gunawan, M. Amirullah, Muhammad Rafi Abdussalam, Vensky Ghaniiyyu Putri Permana","doi":"10.15408/jch.v10i3.21770","DOIUrl":"https://doi.org/10.15408/jch.v10i3.21770","url":null,"abstract":"The potential for illegal fishing in Indonesia's marine areas is tremendous, especially in Indonesia's exclusive economic zone, particularly in the North Natuna marine area. Following the rampant illegal fishing activities, policies on preventing and eradicating illegal fishing in Indonesia are constantly debated both in theory and implementation. Illegal fishing activities are not only a problem for Indonesia but also a cross-border problem because the perpetrators come from across countries. Therefore the handling of this problem must be cross-border, and implementation of international law is necessary. By using normative legal research, the paper analyzed law enforcement of illegal fishing by referring to UNCLOS as the basis of international maritime law to obtain legal certainty in illegal fishing in the Indonesian exclusive economic zone (EEZ), especially in the North Natuna sea area. According to Article 73 paragraph 1 UNCLOS 1982, Indonesia can take action against perpetrators of illegal fishing by using its own legal regulations because illegal fishing can interfere with the management rights of Indonesia's marine natural resources.Keywords: Illegal Fishing, Indonesian Exclusive Economic Zone, UNCLOS AbstrakPotensi illegal fishing di wilayah laut Indonesia sangat besar, terutama di zona ekonomi eksklusif Indonesia, khususnya di wilayah laut Natuna Utara. Menyusul maraknya aktivitas illegal fishing, kebijakan pencegahan dan pemberantasan illegal fishing di Indonesia tetap menimbulkan permasalahan yang diperdebatkan baik secara teori maupun implementasinya. Kegiatan illegal fishing tidak hanya menjadi masalah bagi Indonesia, tetapi juga menjadi masalah lintas batas karena pelakunya berasal dari berbagai negara, oleh karena itu penanganan masalah ini harus dilakukan secara lintas batas sehingga diperlukan penerapan hukum internasional. Dengan menggunakan penelitian hukum normatif, makalah ini menganalisis penegakan hukum illegal fishing dengan mengacu pada UNCLOS sebagai dasar hukum maritim internasional untuk memperoleh kepastian hukum dalam tindak pidana illegal fishing di Zona Ekonomi Eksklusif Indonesia (ZEE), khususnya di laut Natuna Utara. wilayah laut. Hasil penelitian menunjukkan bahwa menurut Pasal 73 ayat 1 UNCLOS 1982, Indonesia dapat menindak pelaku illegal fishing dengan menggunakan peraturan hukumnya sendiri, karena illegal fishing dapat mengganggu hak pengelolaan sumber daya alam laut Indonesia.Kata Kunci: Illegal Fishing, Zona Ekonomi Eksklusif Indonesia, UNCLOS   ","PeriodicalId":53726,"journal":{"name":"Jurnal Cita Hukum-Indonesian Law Journal","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44595500","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}

{"title":"Application of Digital Technologies in Law","authors":"Ludmila Grudtsina, Mehriban Elbrus kyzy Guliyeva, Sergei P. Zhdanov, Badma V. Sangadzhiev, V. Shestak","doi":"10.15408/jch.v10i3.26095","DOIUrl":"https://doi.org/10.15408/jch.v10i3.26095","url":null,"abstract":"The study’s purpose is to examine the nature, concepts, and grounds for the use of various types of digital technologies in law, to concisely and clearly outline the systematized foundations of scientific knowledge on the application of digital technologies in law and legislation on the example of the Russian Federation, with the involvement of legislative practices of foreign countries. Methods. The deductive method was the main method of the study, which allowed to consider the nature and foundations, forms, as well as methods of using digital technologies in law and legislation. In addition, the inductive method, the method of systemic scientific analysis, comparative legal and historical methods were used. The leading method underlying the solution of the issue is to study the legal foundations and features of the use of digital technologies in law. Results. The study proves the theoretical unsolved problem of scientific understanding of the types and forms of application of digital technologies in law on the example of the Russian Federation and some countries of the world. The authors argue that digital technologies store a large amount of information, thereby greatly simplifying the transaction system. It allows to quickly receive information and, as a result, significantly save time and speed up the process of transferring information","PeriodicalId":53726,"journal":{"name":"Jurnal Cita Hukum-Indonesian Law Journal","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46604849","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}

{"title":"ADMINISTRATIVE, FINANCIAL, CRIMINAL-LEGAL AND THEORETICAL-METHODOLOGICAL ASPECTS OF REGULATING SOCIAL RELATIONS","authors":"Yevhen Leheza, Tatiana Korniakova, Igor Soldatkin, Vladyslav Rozmosh, R. Opatsky","doi":"10.15408/jch.v10i3.27809","DOIUrl":"https://doi.org/10.15408/jch.v10i3.27809","url":null,"abstract":"The purpose of the research is determined as theoretical, administrative and civil law aspects of regulation of social relations are defined. Main content. The article defines the means of social regulation, which include legal, moral, corporate, customs, etc. It has been proved that legal regulation of social relations is defined by the author as a purposeful action on people’s behavior and social relations with the help of legal (juridical) means.  Methodology:  The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, interpretation method, hermeneutic method as well as methods of analysis and synthesis. Conclusions. It has been proved that since the subject of legal regulation is presented as social relations, legal regulation is determined by some objective and subjective factors. The following factors of social relations has been determined: level of economic development of the society; social structure of the society; level of maturity and stability of social relations; level of legal culture of citizens; level of certainty of the subject of social relations, means and methods of legal regulation etc.Keywords: Social Relations, Legal Regulation, State Model, Legal Phenomena, Legal Norms.","PeriodicalId":53726,"journal":{"name":"Jurnal Cita Hukum-Indonesian Law Journal","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46558969","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}

{"title":"Digital (Electronic) Democracy in Russia: Issues of Further Development","authors":"A. Lolaeva, M. Lebedeva, N. Matveeva, Irina Nesmeianova, V. Ocheredko, S. Platonova","doi":"10.15408/jch.v10i3.25473","DOIUrl":"https://doi.org/10.15408/jch.v10i3.25473","url":null,"abstract":"The study addresses the issues of further development of digital (electronic) democracy in Russia. Digitalization has penetrated into all spheres of public life. The sphere of public administration is no exception. The authors provide various scientific interpretations of democracy as a form of exercise of state power, in which the individual is given maximum freedom to exercise their rights and freedoms, as well as the ability to participate in the public life of the state. The study employs general scientific and private scientific methods. The authors conclude that the development of information and communication technologies will lead to a complete reorganization of public administration systems. The advancement of scientific and technological progress makes it possible to implement the power of the people in various digital (electronic) forms. The construction of an electronic state is in full swing. To develop a highly advanced, sovereign, prosperous state, it is necessary to safely introduce the tools of digital (electronic) democracy into the political life of the country","PeriodicalId":53726,"journal":{"name":"Jurnal Cita Hukum-Indonesian Law Journal","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43579453","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}

{"title":"Shortcomings in the Legal System on Securities in Vietnam","authors":"Nguyen Vinh Hung, Tran Cong Thinh, Dao Xuan Hoi","doi":"10.15408/jch.v10i3.26449","DOIUrl":"https://doi.org/10.15408/jch.v10i3.26449","url":null,"abstract":"Nowadays, Vietnam’s stock market has had rapid growth and attracted an increasing number of investors. However, among various factors that affect the investors’ participation, psychological ones play a crucial role. In more than 20 years of development, the legal system on securities in Vietnam has exposed several limitations and inadequacies that result in inefficient operation of the stock market and unsafely for domestic and foreign investors. Therefore, the article will study the shortcomings of the legal system on securities of Vietnam, from that propose some solutions to ensure the safety of investors in Vietnam’s stock market participation. To research the psychological factors of stock investment in Vietnam, the authors choose to combine the method of collecting and analyzing information (data). The main research method used in this article is collecting secondary data from the collected data. In general, the article uses the synthesis of data from many sources of information that the author team can obtain and always analyzes tests, compares, evaluates to identify the important problems for studying. In addition, in order to approach the research subjects, the article also uses a combination of popular research methods of economic fields such as statistical method, comparative method, economic efficiency analysis method and descriptive method for the purpose of analyzing, evaluating and forecasting the psychological factors of securities investment affecting Vietnam’s stock market. According to the results authors have given two main groups of solutions: Dealing with inaccurate information that affects the transparency of the stock market; and building and perfecting Vietnam's securities legal system.","PeriodicalId":53726,"journal":{"name":"Jurnal Cita Hukum-Indonesian Law Journal","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42014940","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}

{"title":"Ideal Double-Track System Construction for Narcotics Abusers in Indonesia","authors":"Yaris Adhial Fajrin, Dwi Ratna Indri Hapsari, Nu’man Aunuh, Iga Aprilia","doi":"10.15408/jch.v10i3.22690","DOIUrl":"https://doi.org/10.15408/jch.v10i3.22690","url":null,"abstract":"Not only providing benefits for humans, but narcotic substances can also be a threat to the life of a nation if the substance is misused. There are various forms of narcotics abuse (which by Indonesia is categorized as a crime according to Law Number 35 Year 2009), one of which is the act of using/consuming narcotics for own self against the law (illegal). The existence of narcotics abusers for themselves opens up opportunities for perpetrators to experience dependence on these substances or commonly referred to as narcotics addicts. The Indonesia Narcotics Law regulates two forms of sanctions for narcotics abusers for themselves, namely criminal sanctions and treatment sanctions in the form of rehabilitation, which are accommodated in the double-track system model. Through normative legal research methods, this paper will provide an ideal description of the double-track system model in efforts to enforce criminal law for narcotics abusers in Indonesia, so that the sentencing model can effectively solve the dependency problem experienced by perpetrators (narcotics addicts) who are in the process of committing crimes. Indonesian criminal justice.","PeriodicalId":53726,"journal":{"name":"Jurnal Cita Hukum-Indonesian Law Journal","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46502585","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}

{"title":"Цифровая грамотность как средство от инфодемии Covid-19 в Индонезии (Digital Literacy as an Antidote to Covid-19 Infodemic in Indonesi)","authors":"Cut Fitri Indah Sari Hoesin, Natalia V. Poplavskaya, Barek Hossain","doi":"10.15408/jch.v10i3.30010","DOIUrl":"https://doi.org/10.15408/jch.v10i3.30010","url":null,"abstract":"Since the beginning of the pandemic, incorrect information or fake news related to the Covid-19 spread out uncontrollably and caused panic and unrest in the community. This is in line with the report from Ministry of Communication and Information of Republic Indonesia that shown as February 2022, there is 2121 fake news related to Covid-19 or infodemic circulated in social media in Indonesia. For this reason, the need for the role of digital literacy in preventing and anticipating infodemic discussed in this paper. Using qualitative research approach with library research methods, it was found that the need of digital literacy to raise awareness of selecting and checking the sources of information, training critical thinking to every information, the importance of developing skills to identify incorrect information, and correcting infodemic in the society.","PeriodicalId":53726,"journal":{"name":"Jurnal Cita Hukum-Indonesian Law Journal","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46624560","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}