JURNAL CITA HUKUM
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Crime in Ukraine in Conditions of Martial Law
No full textThe article examines criminality in Ukraine in conditions of martial law. It has been proven that crime is a social phenomenon that cannot exist outside the social environment because it manifests itself in crimes and criminal misdemeanors of a certain part of society’s members. Substantiated is opinion that crime with its ideology, dynamics, and geography causes globalization processes that change, improve or worsen people’s lives, their rights and freedoms, which are undoubtedly related to many objective and subjective factors of society development. An analysis of modern concepts presented in works of domestic scientists has been carried out. The author’s definition of crime in conditions of martial law has been formulated and its main features has been revealedKeywords: Administrative-Legal Aspect, Environmental Aspect, Decentralization, Customs Aspect, Public Authority, Local Self-Government, Social Aspect
Система Гражданского Права в России и Ее Сопоставление с Другими Правовыми Системами (Civil Law System in Russia and Its Comparison with Other Legal Systems)
No full textThis article explores the civil law system in Russia and compares it with other legal systems. The main focus is on the historical roots and influence of the Roman-Continental legal system in the formation of Russian civil law. By analyzing the Russian Civil Code, this article investigates the structure, principles, and unique characteristics of the Russian civil law system. Comparisons are made with the common law legal system, the Islamic legal system, and the socialist legal system that previously influenced Russia during the Soviet Union. The comparative results highlight essential differences in approaches, legal sources, and the role of courts between these systems. This article has the potential to provide in-depth insights into the evolution and context of civil law in Russia, as well as its implications in the global legal framework
Responsive Constitutional Law Strategy For Preventing Political Corruption Done By Local Political Dynasties
Full text linkThis 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.
Mining of Cryptocurrencies: Analysis of Law Enforcement Practice and Problem Solving in Legal Regulation
Full text linkDespite the enormous popularity of mining worldwide, which entirely objective reasons have caused, there remains a dissonance in States\u27 approaches to its legal regulation. One of the reasons is that the legal regulation of blockchain technologies in different countries goes completely different ways. In fact, mining is a process of generating cryptocurrencies, as a result of which a new suitable block of transactions is added to the blockchain, and coins are issued. Therefore, to regulate such a process as mining, the legislator needs to create a holistic legal framework regulating the turnover of digital assets in the state
Endowment Sukuk (Shares) to Finance Scientific Services in Universities (A Comparative law Study)
No full textThe endowment was one of the most important means of scientific, intellectual and cultural progress for the Islamic countries throughout the years of our civilization; as it contributed to building the edifices of science and culture, and publishing them through mosques, schools, institutes and libraries. A large group of scholars, innovators, and researchers graduated from these endowment scientific institutions in various branches of human and cultural knowledge. Today, the endowment plays a prominent leading role in the scientific renaissance and knowledge advancement in the Islamic society. Also, many universities in Islamic and non-Islamic countries rely on the endowment to finance their scientific and research activities, and to raise the level of their research, researchers, and graduates. This study aims to clarify the importance of endowment Sukuk to provide cash liquidity for educational services, and to provide the necessary tools for these services, and the possibility of providing scientific competencies specialized in the various fields of teaching and scientific research, to contribute to scientific and social progress. This research study also combines the deductive and inductive approaches, in addition to following the comparative jurisprudential research methodology, by studying, analyzing and deducing in the light of the writings of scholars and researchers
Tackling for Human Trafficking: Village-based Movement of Migrant Workers in Lembata, Indonesia
Full text linkStudies 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\u27 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
Стиль Руководства Президента Индонезии В Решении Национальных Проблем (Indonesian President\u27s Style of Leadership in Addressing National Problems)
Full text linkThe 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
Implementation of Business and Human Rights Principles (UNGPs) in the Protection given to Indonesian Laborers: Gender Perspective
Full text linkThis 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
Ethnic Mobility and the Formation of Political Identity in Indonesia
Full text linkIndonesia 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\u27s 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
Maladministration in Indonesia\u27s Interreligious Marriage
No full textIn 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