JURNAL CITA HUKUM
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The Repositioning of Campus as a Cultural Movements Engine in the Eradication of Corruption
Full text linkAt 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\u27s leading cadres from corrupt behavior and mentality
Exploring the Viability and Efficacy of Fresh Slate Approach in India\u27s Evolving Insolvency Framework
Full text linkA nation\u27s economy remains healthy and progressive because of the proper functioning of commercial and other business arrangements, transactions, and settlements. However, suppose such agreements are not concluded in the desired manner and result in failure. In that case, efforts are required to keep the corporation going with novel arrangements of liability and employment and re-negotiation between financiers. Nevertheless, the drowning company can resort to liquidation if survival becomes unworkable. The legislature and the judiciary have endeavoured to comply with and meet the objectives of the IBC. Adopting the new slate doctrine in the legal framework is one such step towards reaching the goal of the code. The code has facilitated the applicant\u27s resolution by various means and balanced the corporate debtor\u27s concern. The researcher has analytically analyzed this principle owing to its significance. In the initial phase, the research shed light on the doctrine of a fresh slate while referring to relevant legislative provisions and other jurisdictions. After that, the researcher explores the judicial wing\u27s recognition and development of the doctrine. Principally, the researcher examines the status and management of disputed claims. In the latter segment, the researcher indicates the limitations and practical issues attached to the doctrine. Lastly, the researcher would make some suggestions that can be adopted and may aid in strengthening the Indian insolvency regime
Reflection of Russian-Ukrainian military conflict in Indonesian and world Digital Media
Full text linkThe military conflict between Russia and Ukraine occurred in February 2022, to be precise, on the 24th. This conflict was quite significant because it resulted in many civilians fleeing and damage to various public facilities. The Indonesian people participated in providing multiple comments related to this conflict related to the military, economy, politics, and law on human rights. Therefore, the researchers want to learn more about the Analysis of the Russo-Ukrainian military conflict in the Media, especially the Indonesian people\u27s reaction to the media coverage. The research method used is descriptive qualitative. Data collection techniques were done by observing various Indonesian media containing 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 the 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 several 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 write various negative comments smelling of defamation, also violating the rules regarding human rights as per the 1945 Constitution and the laws that apply in Indonesia
Implementation of Caning Punishment in Nanggroe Aceh Darussalam Province in a Human Rights Approach
Full text linkThe Nanggroe Aceh Darussalam Provincial Government is one of the regions that has special autonomy. This is as regulated in Law Number 11 of 2006 concerning the Government of Aceh. The Islamic criminal law that emerged in Aceh is different from criminal law in general. Among the applications of criminal law in Aceh is caning. There is a conflict between the Aceh Qanun regarding the Jinayat law and the Governor\u27s Regulation regarding the application of the caning law. Initially carried out in an open place (mosque courtyard), it was then moved to a closed place, namely a correctional institution. The research method used in this research is a qualitative method with an empirical approach and a statutory regulatory approach. The results of the research state that the transfer of caning punishment has been in the spotlight since this regulation was discussed until the publication of this legal product. So there needs to be a more in-depth and comprehensive study in order to find the best solution in enforcing Islamic criminal law
Resolving Hibah Disputes Involving Shared Property
Full text linkIn the Islamic legal context, hibah has both worship and economic aspects. However, its practice often leads to problems when one or more terms determined by Islamic teachings are ignored. Among the violations in grant practice is granting hibah from property not fully owned by grantor. This paper aims to examine issues in resolving disputes on hibah (property granting) involving a shared property owned by a husband and wife. This study focuses on the examination of two judicial verdicts issued by the Religious Court (Verdict No.354 /Pdt.G/2022/PA.Pt) and the Appellate Religious Court (Verdict No. 222/Pdt.G/2022/PTA. SMG) on hibah dispute where hibah property contains shared property. This study finds that there are two approaches used by the judges in dealing with the issue. First, in the first instance court considered hibah void and revoked hibah. Similarly, the appellate court annulled hibah transaction but considered some part of the property to be rightful for grant. This is because hibah is taken from the property owned by grantor, which has been separated by his wife\u27s property
Perspectives on constitutional responsibility some countries in the world introduction and comparison with Vietnam
Full text linkThe 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\u27 rights by recognizing these rights, binding the state\u27s 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
Legal Aspects of Sharing Economy Business Model
No full textThe swift advancement of the sharing economy has introduced novel issues in company regulation and equity, particularly in a Muslim-majority nation such as Indonesia. The Qur\u27an establishes a framework of principles, including justice, transparency, and cooperation, pertinent to contemporary business activities. This study aims to uncover legal concepts in the Qur\u27an applicable to the sharing economy and to explore how Indonesian rules may be modified to accord with these principles. The employed study methodology is qualitative, incorporating a literature review that utilises primary sources from the Qur\u27an and Islamic law, alongside a normative legal framework to examine legislation pertinent to the sharing economy sector in Indonesia. The study\u27s findings suggest that adopting the sharing economy business model aligns with Qur\u27anic principles, including equitable profit distribution, the prevention of exploitation and uncertainty (gharar), and the significance of accountability and responsibility in commerce. In summary, implementing legal principles derived from the Qur\u27anic perspective can facilitate the establishment of equitable and transparent regulations that promote the development of the sharing economy while fostering social welfare and confidence among business entities and consumers. This study underscores the necessity of aligning contemporary rules with sharia principles to establish a just, sustainable, and Qur\u27anic business environment
An Overview of Digital Media Literacy in Digital Bangladesh
Full text linkThe 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, 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\u27s Sustainable Development Goals (SDGs). Moreover, these competencies can help a country\u27s citizens be more aware of fake news, misinformation, disinformation, and malformation. 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\u27s citizens will need more time. Thus, Bangladesh\u27s government and non-government organizations and citizens need to go the extra mile to minimize this digital divide. Therefore, some potential components considered in the digital divide are citizens\u27 position in rural vs. urban areas, literacy and income status gaps, and age range.
Role of the doctrine of legal customs in the formation of European law in the Middle Ages
No full textThe purpose of this article is to analyze the medieval legal doctrine of legal customs as a source of law. The author uses comprehensive historical analysis based on traditional scientific cognition methods for jurisprudence, such as analysis, synthesis, deduction, and induction. The issues of the correlation of legal custom and law in Europe in various periods of the Middle Ages, the influence of customary law on the formation and development of substantive and procedural law, as well as the formation of civil and commercial legislation in European countries, are discussed. The research method used is a qualitative research method with a literature and legislation approach. The research results state that understanding of custom developed during the Middle Ages, leading to its recognition as an independent source of law on a par with statutory regulations
Legal Consequences of Repurchase Agreement Transaction Against Buyer with Non-Good Faith Party in Civil Law
Full text linkRepurchase agreements, which govern transactions within the trading community, constitute a type of securities financing that involves the purchase and sale of instruments on cross-border markets. The author examines a variety of documents about contracts, acquisitions, and document-based communication in this article. The author concurs that truthful consumers must be conscious of purchasers\u27 challenges during transactions and that legal considerations and data transfer must be factored into mortgage and real estate transactions. Therefore, consumers must guarantee compliance with these provisions in good faith or at the very least, have confidence in their compliance. Utilizing a qualitative methodology, this study examines statutory regulations and the literature. According to the conclusion, legal repercussions may result from resale agreements with debtors (consumers) who engage in dishonest conduct during pandemic transactions or contracts. They remain perpetually if they are associated with a transaction; they cannot renegotiate or redeem the debt security