JURNAL CITA HUKUM
Not a member yet
403 research outputs found
Sort by
Artificial intelligence technologies in media and culture: Legal regulation
Full text linkThe study aims to fill the literature\u27s gaps concerning the legal consequences of artificial intelligence use. The study combines experimental modelling of the interaction of artificial intelligence with media content and cultural artefacts. Machine learning methods were used, particularly natural language processing and deep learning. A comparative-legal analysis of the regulatory framework with LexisNexis and Westlaw resources was conducted. Qualitative methods, such as regression and analysis of variance, evaluated correlations between the influence of artificial intelligence and content changes. The findings showed significant differences in the effect of artificial intelligence on media platforms and cultural institutions. Artificial intelligence has a larger influence on content recommendations and user engagement in media rather than in culture. Tukey\u27s Honestly Significant Difference test confirmed the statistical significance of these results, indicating the need for adapted regulatory approaches. Artificial intelligence technologies can improve media content and cultural participation, but current regulations do not address new challenges. The findings underline the necessity of developing special regulatory norms for ethical artificial intelligence use, particularly within aspects of intellectual property and digital rights management.
Analysis of the DPR\u27s Position in the Process of Forming Islamic Law in Indonesia Based on Taqnin Theory
Full text linkThis article explores the role of Indonesia\u27s People\u27s Representative Council (DPR) in shaping Islamic law, employing the Taqnin theory as a guiding framework. Taqnin theory is a crucial conceptual tool in understanding how the DPR contributes to crafting legislation aligning with Islamic principles. Beyond its legislative function, the DPR serves as an interpreter of religious precepts, navigating the intersection between Islamic values and societal needs. By applying Taqnin Theory, the DPR crafts laws in line with Islamic teachings and ensures their relevance within evolving social contexts. The analysis underscores the DPR\u27s role in formulating laws reflecting Islamic values while considering formal legal, moral, and ethical dimensions inherent in Islamic teachings. This process illustrates the active engagement of the DPR in crafting laws that not only address religious imperatives but also respond to social exigencies and communal values. Despite the constructive guidance provided by Taqnin Theory, the article also addresses challenges in its implementation, such as interpretational disparities, community resistance, and political dynamics shaping Islamic law formation in Indonesia. As outlined in the article, the historical trajectory of Islamic law legislation in Indonesia offers insight into its evolution from the colonial era to its integration into the national legal framework. By examining the status of Islamic law in Indonesia, the article delineates the dynamics of a legal system comprising national and customary laws. While Islamic law significantly influences domains such as marriage, inheritance, and Sharia-compliant financial institutions, the foundational principles of Pancasila embody a state ethos characterised by inclusivity and tolerance towards religious and cultural diversity. Moreover, the article underscores the positive legal outcomes of applying Taqnin, underscoring its significance in understanding the process of Islamic law formation in Indonesia
Corruption in Higher Education; A Comparative Studies on Whistleblowing System between University of Stanford and Universitas Indonesia
Full text linkThis study seeks to demonstrate the utilisation of the whistleblower system in higher education to mitigate academic dishonesty and fraud, emphasising a comparison between Stanford University in the United States and the University of Indonesia. The study\u27s findings indicate that both universities acknowledge the significance of witness protection within the whistleblowing framework, particularly to safeguard the safety and security of whistleblowers. Stanford University and the University of Indonesia provide conventional reporting mechanisms; nevertheless, Stanford University possesses superior reporting governance and regulations. Both schools offer application-based reporting mechanisms; however, Stanford University maintains an exceptional framework for reporting management rules and whistleblower protection. This study\u27s conclusions aim to assist Indonesian universities in establishing efficient reporting methods and procedures to eliminate corruption and enhance academic integrity. This study employs a qualitative research methodology encompassing two primary approaches: a literary approach and a law approach. The literature review method examines academic literature, publications, and regulations about whistleblowing in higher education institutions in the United States and Indonesia. This literature analysis examines the optimal practices of whistleblower systems in several international universities and their implications for higher education in Indonesia. A legal framework is utilised to explore the existing regulations and statutes, specifically concerning witness protection, whistleblower security, and the enforcement of academic integrity. This entails an examination of the legislation and internal university policies concerning whistleblowing in each nation. The study offers a comprehensive comparative analysis of the effective implementation of whistleblower systems in Indonesian universities, along with recommendations for enhancing reporting governance policies to foster a more transparent and accountable academic environment
The effectiveness of international conventions in the struggle against world’s domestic violence
Full text linkThe issue of the spread of domestic violence is an urgent challenge to the modern legal system, which is regulated in particular by the adoption of international conventions. The research aim is to investigate the effectiveness of international conventions in combating domestic violence. Implementing the specified aim is based on the comparative analysis of specialised scientific literature, the use of content analysis and abstraction methods. The results show that the existing international conventions demonstrate their effectiveness if they are used in combination with other legal instruments for combating domestic violence. The main regulatory mechanisms for protection against domestic violence are restricted in the Convention on the Elimination of All Forms of Discrimination against Women and the Istanbul Convention. Separate international normative acts constitute an essential basis that became the foundation for the formation of relevant provisions in the systems of national legislation, which is especially noticeable in the examples of democratic EU countries. However, in the countries of Asia and Africa, there are critical indicators of domestic violence, which can also be explained by the fact that local governments have not ratified the relevant conventions. The conclusions emphasise that for the further effective implementation of international conventions and their integration into national legislation, it is essential that different groups of the population are aware of their provisions
Administrative and legal status of public administration subjects regarding countering terrorism: Constitutional and Theoretical Aspects
Full text linkThe research aimed to make known the administrative and legal status of public administration subjects in the counter-terrorism field. It was found that a rather straightforward and logical structure of state bodies in the field of organization and coordination of the fight against terrorism has been created in Ukraine. The system of anti-terrorist entities is a set of specific, legally defined institutions that interact intending to prevent, detect, stop and minimise the consequences of terrorist activities. The research used the following methods: analysis of biographical sources, synthesis, deduction, comparative analysis meta-analysis, etc. In the conclusions, it has been established that the President of Ukraine, the Verkhovna Rada and the Cabinet of Ministers are the key actors in the fight against terrorism in the system of higher authorities. The defining areas of action of the President of Ukraine in the sphere of counter-terrorism are the activities aimed at regulatory and legal support of counter-terrorism in Ukraine, which implies the creation, liquidation, reorganization and management of relevant counter-terrorism entities
Political and Legal Aspects of The Israeli and Palestinian Conflict
Full text linkThe Israeli-Palestinian conflict has a long history spanning several decades and encompasses intricate political and legal dimensions. This battle not only had repercussions for both parties involved but also garnered international scrutiny and emerged as a significant matter in global diplomacy. This article seeks to examine the political and legal dimensions of the conflict, namely Israel\u27s diplomatic acts that contravene international legal standards, as well as the suggested and implemented attempts for resolving the conflict. This study employs qualitative research methodologies with a focus on reviewing existing literature. The literature review includes the examination of international legal documents, UN resolutions, and peace accords, as well as articles and books that analyze the Israeli-Palestinian issue from a political and legal standpoint. The collected data is evaluated to discern patterns of lawlessness exhibited by Israel and assess the efficacy of different conflict resolution strategies. The research findings indicate that Israeli diplomatic acts frequently contravene the tenets of international law, such as engaging in unlawful occupation and establishing colonies in Palestinian lands. Despite the implementation of multiple resolutions and diplomatic initiatives aimed at resolving the issue, the outcomes have been restricted and frequently hindered by political motivations and a mutual unwillingness to make concessions. To establish durable peace, it is necessary to adopt a more comprehensive approach and include the international community in addressing the Israeli-Palestinian problem.
Correlation of Legal Concepts of Administrative Procedure and Administrative Liability in the Sphere of Urban Planning
Full text linkThe 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
The Investigator’s Actions to Compensate for the Harm Caused by the Crime in Determining the Form of Terminating the Preliminary Investigation
Full text linkInvestigations 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\u27s actions concerning harm compensation during preliminary investigation termination. The purpose of this study was to explore the investigator\u27s 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
Preventive Activities of the National Police of Ukraine to Counteract Domestic Violence under the Current Scenario
Full text linkThe 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
Chemical Castration Punishment Sanctions for Pedophilia Perpetrators in Indonesia
No full textChemical castration is an additional sanction for the criminal act of pedophilia contained in Law Number 17 of 2016 and Government Regulation Number 70 of 2020 as its implementing regulations. It is hoped that chemical castration will have a deterrent effect on pedophiles and can reduce the rate of sexual crimes in the future. However, on the other hand, chemical castration sanctions are considered a form of human rights violation. In Islamic law, the punishment of castration is based on al-maslahah, then the punishment of castration is recommended, whereas if it is based on al-maqassid as-syar-iyyah then the punishment of castration is not justified. The research method used is a normative juridical qualitative method with a statutory approach and a literature approach. The data sources used are secondary data in the form of child protection laws and implementing regulations, namely Government Regulation Number 70 of 2020. The results of the research state that the implementation of chemical castration sanctions is contrary to human rights and is not recommended in Islamic law because it can use criminal sanctions that are other