JURNAL CITA HUKUM
Not a member yet
403 research outputs found
Sort by
Provisions on investment registration certificates upon establishment of enterprises and cooperatives in Vietnam – Shortcomings and recommendations for improvement
Full text linkAn investment registration certificate in Vietnamese law is a written or electronic document that records the investor\u27s registration information on the investment project. This Certificate is a mandatory prerequisite for foreign investors to establish or participate in establishing economic organisations in Vietnam, including companies and cooperatives. The methodology employed in this study is qualitative research. This study uses the literature approach and the Statute approach. This rule has a few exceptions, but it is usually required. Nevertheless, the Law on Investment, the Law on Enterprises, and the Law on Cooperatives all contain several illogical and inconsistent provisions for the most part. Because of this, the application of the law becomes more complex. Therefore, to enhance the Vietnam Law on Investment, it is essential to continue improving, revising, and supplementing the provisions of the Vietnam Law on Investment, the Vietnam Law on Enterprises, and the Vietnam Law on Cooperatives
Comparative Legal Analysis of the Use of Electronic Format of Criminal Cases and the Procedure under the Code of Criminal Procedure of the Russian Federation
Full text linkThe article deals with the foreign experience of digitalisation in the preliminary investigation. Conservative views of law enforcers and legislators on this issue dominate the Russian Federation. There are only small steps towards digitalising preliminary investigations in our country. At the same time, it has been established that the introduction of various information systems and automated workstations into practice, which was supposed to create a unified system and network of broad coverage, has not happened due to the lack of a unified request from the system of investigative bodies and technical capabilities, as well as lack of an urgent need for changes in the working procedure on the part of investigators and interrogators. In conclusion, the authors conclude that there are currently only minor steps towards digitalisation of pre-trial investigations and creating an electronic format for criminal cases in the Russian Federation. However, the rapidly developing information and telecommunication technologies will also do their job in this aspect, which will lead to the creation and successful testing of the topic studied by the authors
Reformulation of Asset Recovery Strategy Resulting from Corruption Crimes as an Effort to Recover State Losses
Full text linkIt is time for the state to prioritise asset recovery for state losses resulting from criminal acts of corruption. Asset recovery must be an integral part of the series of actions taken against criminal acts of corruption. However, the arrangements for recovering criminal assets in Indonesia are not yet synergistic and overlapping. The asset recovery process is carried out by several agencies, giving rise to sectoral egos and lengthy coordination. This results in the recovery of criminal assets in Indonesia as an effort to recover losses from criminal acts is not optimal. This research recommends strategies for recovering criminal assets in Indonesia to produce efficient asset recovery. The research method used is normative juridical using a statutory approach, comparative analysis, concept analysis and case analysis. The research results found that the suboptimal asset recovery in Indonesia was caused by disharmony in the asset recovery arrangements. Indonesia can reflect on the criminal asset recovery mechanisms in the United States, United Kingdom, and Italy regarding harmonising asset recovery arrangements. This research also found that harmonising asset recovery arrangements in Indonesia should be accommodated through the amendment of KUHAP. Through the harmonisation of these arrangements, The Attorney General\u27s Office of Indonesia, a law enforcement agency that has the authority to carry out investigations, prosecutions, and execution of court decisions that have a permanent legal force appointed as the coordinator of asset recovery for criminal acts so that the recovery of assets, especially those resulting from criminal acts of corruption, can be well synergised and state losses recovery to be optimal
Exploring The Contours of Gender Justice in India Vis-À-Vis Role of Judiciary: An Exploratory Study
Full text linkGender justice seeks to ensure fair and equitable treatment of individuals across all genders, enabling them to access rights, opportunities, and responsibilities in every facet of life. Since Independence, Indian courts have played a critical role in fostering gender equality by interpreting constitutional provisions that promote the advancement of women in society. Key judicial decisions have addressed various dimensions of gender justice, including sexual autonomy, property rights, workplace protections, maternity benefits, and marital rights, thereby shaping the contours of constitutional rights for Indian women. This paper explores the significance of these judicial decisions and examines how the judiciary has defined and expanded constitutional guarantees for women. The study relies on a doctrinal approach, analysing relevant judgments, constitutional provisions, and secondary sources such as scholarly articles and reports using a qualitative research methodology. Through an in-depth exploration of these legal instruments and their interpretations, the study highlights the progressive role of the judiciary in advancing women\u27s rights. However, it also argues that despite these judicial strides, substantial reforms in personal laws by introducing a uniform civil code could be a pivotal step toward achieving comprehensive gender justice in India. The findings emphasise the need for legal reforms to complement judicial efforts in ensuring gender equality
Impact of Failure to Postpone Debt Payment Obligations Suspension on Separate Creditors
Full text linkSeparate creditors have special rights, and rejection of a peace plan can limit these rights in terms of receiving payment from the debtor, as separated creditors will only accept payment with the lowest value between the collateral value and the actual value of the loan. This study examines the legal protection for separated creditors in the context of rejecting a peace plan in the Debt Payment Obligation Suspension (PKPU) process. The main focus of the study is to analyse the legal implications of the rejection of peace by separated creditors and how it affects their rights in the PKPU process. The methodology used is normative juridical with a statutory regulatory approach, while the legal sources used in analysing this study were obtained through library materials or secondary data. This research is also called library legal research. It can be concluded that separatist creditors are still given compensation of the lowest value among the collateral or actual value of the loan. It is directly guaranteed by collateral rights on the property owned by the creditor. The results show that the Debt Payment Obligation Suspension (PKPU) Law has yet to fully provide adequate legal protection for separatist creditors who reject the peace plan
Legal Prospects of Temporary Protection for Citizens of Ukraine in the Member States of the European Union
Full text linkThe article examines the legal prospects of the international mechanism of temporary protection for citizens of Ukraine in the member states of the EU. The issue of temporary protection is regulated by Directive 2001/55/EC dated July 20, 2001, which was activated for the first time in history by EU Council Decision 2022/382 dated March 4, 2022, which provides immediate protection and access to rights in the EU, including the right to residence, access to housing, access to the labour market, access to education for children, the right to medical and social assistance. The Directive 2001/55/EC was activated for the first time in history for Ukrainians who were fleeing war masse after the full-scale invasion of the Russian army in Ukraine, and the 3-year period is the maximum for its effect. However, the war in Ukraine continues, and the EU Council decided to extend temporary protection for Ukrainian citizens in the member states of the European Union until March 4, 2026. Experts\u27 predictions regarding when the war in Ukraine will end vary greatly (from this year to decades). Therefore, the issue of the legal status of Ukrainian citizens in the member states of the European Union becomes relevant, and options for a solution need to be found. However, temporary legal status for an indefinite period is not the best solution; citizens of Ukraine found themselves in EU member states in waiting mode without a time frame. This does not contribute to the full integration of Ukrainians into European society or to their decision to return to Ukraine. The article aims to analyse possible legal options for solving this issue based on the complex use of such methods of scientific knowledge as historical, formal-legal, comparative-legal and prognostic. It was concluded that in modern political conditions, it is necessary to look for a permanent legal mechanism for the stay of citizens of Ukraine in the EU member states rather than a temporary one
Decentralization of Public Authorities in Ukraine: Theoretical-Legal and Administrative Aspects
Full text linkThe research aims to reveal the administrative-legal, environmental, social and customs principles of decentralising public authority in Ukraine. Main content. The article reveals the main definitions of decentralisation of power and analyses the advantages and disadvantages of decentralisation in the public administration system. The article also presents the basic typology of decentralising power in foreign countries. It characterises these types, as well as an attempt to summarise the reasons for performing decentralisation in Ukraine. Methodology: The use of systemic, functional, and structural methods in this study made it possible to define concepts and types, as well as to establish the reasons for the introduction of the decentralisation reform in Ukraine. Conclusions. Various approaches to reform in European countries and their results have been considered due to the need to implement decentralisation in Ukraine. The result of the work consists of determining the main definitions of the decentralisation of power, analysis of the advantages and disadvantages of the decentralisation process, definition of the main types of decentralisation, and generalisation of the main reasons for introducing decentralisation in Ukraine
Индонезийские СМИ о специальной военной операции России (Indonesian media about Russia\u27s special military operation)
Full text linkThe Russian-Ukrainian military conflict often makes headlines in many media outlets around the world, including media in Indonesia. However, unfortunately, some media outlets publish fake news regarding the Russian-Ukrainian military conflict. This study examines fake news about Russia\u27s special military operation in Indonesian media. The research method used is descriptive-qualitative. The data collection methodology was carried out by observing various Indonesian media outlets that published fake news related to the Russian-Ukrainian military conflict in Indonesian media. The collected data was then carefully analysed. Based on the analysis, it was established that several media outlets in Indonesia have been proven to disseminate false information regarding the Russian-Ukrainian military conflict that took place in 2022. While some of the above reports related to the Russian-Ukrainian army conflict have been proven fake news or hoaxes, the government does not impose sanctions on journalists or media outlets that publish such information. This is because journalists and media did not check the legitimacy of the information and did not fact-check. After verifying that the government has taken some steps to restore order in this area, the amount of fake news regarding the current Russian-Ukrainian military conflict has decreased significantly
Анализ Дела о Смерти Джамаля Хашогги: Перспективы Международного Права и Государственной Юрисдикции (Analysis of the Jamal Khashoggi Death Case: Perspectives on International Law and State Jurisdiction)
Full text linkThe case of the murder of Jamal Khashoggi at the Saudi Consulate in Istanbul has drawn the attention of the international community to such important issues of international law as the abuse of diplomatic immunity and State responsibility for human rights violations. This analysis reveals the dynamics of international law and national jurisdiction in relation to crimes committed at diplomatic facilities, which should be protected by diplomatic immunity. The principle of territorial jurisdiction allows Turkey, as a crime scene, to investigate and bring the perpetrators to justice, while Saudi Arabia faces problems in complying with international conventions on law enforcement, fair treatment of foreign citizens and protection of human rights. The Khashoggi case raises questions about the extent to which diplomatic immunity can protect international crimes and how countries can fulfill their obligations under international law without sacrificing sovereignty. The impact of this event on Saudi Arabia\u27s reputation and diplomatic relations is also significant, which has sparked a debate about the role of soft power and ethics in world politics. This study aims to deepen understanding of the challenges in the field of international justice, emphasizing the importance of States complying with existing international standards and responding decisively to the abuse of diplomatic immunity. The study concludes by emphasizing the need to reform international law as a preventive measure against such crimes in the future, while ensuring respect for the principles of justice at all levels.
Legal Economic Politics in Eradicating Criminal Acts of Corruption in State-Owned Enterprises
No full textPemisahan tanggung jawab publik dan privat yang terbuka dalam pengeloaan BUMN dapat menjebak BUMN sebagai beban negara bukan sebagai garda utama pembangunan nasional, hal ini terlihat dari kinerja BUMN yang terus mengalami guncangan bisnis dan tertinggal oleh perusahaan swasta murni. Semakin besarnya kucuran dana APBN melalui PNM dapat menjadikan BUMN tidak dapat mengelola keuangan korporasi secara mandiri dan menjadi beban negara. Perlu adanya kebijakan negara untuk menjadikan BUMN sebagaimana tujuan pendirian BUMN sebagai garda utama pembangunan ekonomi nasional