Pub Date : 2022-12-31DOI: 10.15408/jch.v10i3.27937
Abdul Majid Rahmanian, Mansour Talebpour, Mehrdad Raijian Asli
Due to the chaos caused by piracy in Indonesia, the sea areas of Southeast Asia have made the movement of ships in this area dangerous, and also in Iran, the lack of up-to-date maritime laws has made it impossible to defend Iran's rights in the waters of the region. The purpose of this research is to investigate the loopholes in the criminal justice system of Iran and Indonesia in relation to piracy crimes. This research has investigated the issue at theoretical levels by analytical-comparative method. The necessary data and information have been collected by the library method and by using books and articles. According to the investigations, the results showed that the most important common loopholes in the discussion of the maritime law of Iran and Indonesia are the lack of judges specializing in maritime affairs as well as specialized experts, disparity in the punishment of pirates, the lack of educational facilities regarding maritime law, the lack of careful and appropriate attention to the laws of the relevant conventions, which is related to maritime transportation and the lack of appropriate placement in the field of maritime law. Therefore, based on the results of the research, holding joint courses for officers, especially young officers of the navies of Iran and Indonesia, cooperation to fight maritime terrorism and piracy, information exchange with the Iranian and Indonesian navies to fight maritime terrorism and piracy, and training and exchange of lawyers and judges of maritime sciences between the two countries is suggested.
{"title":"Examining the Loopholes in the criminal justice system of Iran and Indonesia in relation to piracy crimes","authors":"Abdul Majid Rahmanian, Mansour Talebpour, Mehrdad Raijian Asli","doi":"10.15408/jch.v10i3.27937","DOIUrl":"https://doi.org/10.15408/jch.v10i3.27937","url":null,"abstract":"Due to the chaos caused by piracy in Indonesia, the sea areas of Southeast Asia have made the movement of ships in this area dangerous, and also in Iran, the lack of up-to-date maritime laws has made it impossible to defend Iran's rights in the waters of the region. The purpose of this research is to investigate the loopholes in the criminal justice system of Iran and Indonesia in relation to piracy crimes. This research has investigated the issue at theoretical levels by analytical-comparative method. The necessary data and information have been collected by the library method and by using books and articles. According to the investigations, the results showed that the most important common loopholes in the discussion of the maritime law of Iran and Indonesia are the lack of judges specializing in maritime affairs as well as specialized experts, disparity in the punishment of pirates, the lack of educational facilities regarding maritime law, the lack of careful and appropriate attention to the laws of the relevant conventions, which is related to maritime transportation and the lack of appropriate placement in the field of maritime law. Therefore, based on the results of the research, holding joint courses for officers, especially young officers of the navies of Iran and Indonesia, cooperation to fight maritime terrorism and piracy, information exchange with the Iranian and Indonesian navies to fight maritime terrorism and piracy, and training and exchange of lawyers and judges of maritime sciences between the two countries is suggested.","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":"46213600","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}
Pub Date : 2022-12-31DOI: 10.15408/jch.v10i3.29829
M. Helmi, Pujiyono Pujiyono, Khamami Zada
Pasal tersebut berbunyi, "Negara mengakui dan menghormati kesatuan-kesatuan masyarakat hukum adat berserta hak-hak tradisionalnya sepanjang masih hidup dan sesuai dengan perkembangan masyarakat dan prinsip Negara Kesatuan Republik Indonesia, yang diatur dalam undang-undang.”
{"title":"Existence of customary law in Indonesian criminal law","authors":"M. Helmi, Pujiyono Pujiyono, Khamami Zada","doi":"10.15408/jch.v10i3.29829","DOIUrl":"https://doi.org/10.15408/jch.v10i3.29829","url":null,"abstract":"Pasal tersebut berbunyi, \"Negara mengakui dan menghormati kesatuan-kesatuan masyarakat hukum adat berserta hak-hak tradisionalnya sepanjang masih hidup dan sesuai dengan perkembangan masyarakat dan prinsip Negara Kesatuan Republik Indonesia, yang diatur dalam undang-undang.”","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":"45297111","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}
Pub Date : 2022-12-31DOI: 10.15408/jch.v10i3.28014
Yavuz Guloglu, Recep Yargıcı
Health service is one of the basic public services offered by the administration with a very comprehensive and wide staff, and due to the comprehensive nature of the service provided and the fact that the beneficiaries of the service constitute almost every segment of the society, many different appearances of defect that may constitute the compensation responsibility of the administration may arise. The study is mainly about the service defect and the compensation responsibility of the administration in the provision of health services within the scope of the responsibility of the administration based on service defect. In the study, the concept of the responsibility of the administration and the concepts of defect liability and strict liability, which are the types of responsibility of the administration, will be discussed first, and then the conditions of the responsibility of the administration will be examined. Then, the concept of service defect, the different forms of appearance of service defect, such as poor service, late service, non-operational service, and severe service defect will be examined. Finally, the service defects specific to health services, which constitute the main framework of the study, will be examined in the light of the decisions of the Council of State on this issue.
{"title":"Government Liability to Damages Due to Defective Provision of Health Services in Turkey","authors":"Yavuz Guloglu, Recep Yargıcı","doi":"10.15408/jch.v10i3.28014","DOIUrl":"https://doi.org/10.15408/jch.v10i3.28014","url":null,"abstract":"Health service is one of the basic public services offered by the administration with a very comprehensive and wide staff, and due to the comprehensive nature of the service provided and the fact that the beneficiaries of the service constitute almost every segment of the society, many different appearances of defect that may constitute the compensation responsibility of the administration may arise. The study is mainly about the service defect and the compensation responsibility of the administration in the provision of health services within the scope of the responsibility of the administration based on service defect. In the study, the concept of the responsibility of the administration and the concepts of defect liability and strict liability, which are the types of responsibility of the administration, will be discussed first, and then the conditions of the responsibility of the administration will be examined. Then, the concept of service defect, the different forms of appearance of service defect, such as poor service, late service, non-operational service, and severe service defect will be examined. Finally, the service defects specific to health services, which constitute the main framework of the study, will be examined in the light of the decisions of the Council of State on this issue.","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":"45892718","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}
Pub Date : 2022-12-31DOI: 10.15408/jch.v10i3.30011
Septa Candra, Chairul Huda
Perumusan tindak pidana terhadap agama dan kehidupan beragama dalam peraturan perundang-undangan di Indonesia masih menyisakan berbagai persoalan. Tulisan ini membahas terkait bagaimana bentuk perumusan tindak pidana terhadap agama dan kehidupan beragama dalam KUHP dan RKUHP mendatang. Bentuk penelitian ini yuridis normatif dengan pendekatan hukum, konseptual, dan kasus. Hasil penelitian ini menunjukkan RKUHP telah mengadakan perubahan yang mengarah pada “konkretisasi” dan “objektifikasi” tindak pidana terhadap agama dan kehidupan beragama, sehingga prinsip lex certa dan lex stricta benar-benar diperhatikan. RKUHP juga telah lebih maju dalam merumuskan tindak pidana terhadap agama dan kehidupan beragama yang didasarkan pada pemikiran tentang penghormatan terhadap hak beragama sebagai hak asasi yang dilindungi Konstitusi. Semoga dengan diberlakukannya RKUHP dapat menjadi solusi dalam penegakan hukum terhadap berbagai tindak pidana terhadap agama dan kehidupan beragama di Indonesia masa mendatang.
{"title":"The Comparison of the Criminal Code and Draft Criminal Code Formulations of Crimes against Religion and Religious Life","authors":"Septa Candra, Chairul Huda","doi":"10.15408/jch.v10i3.30011","DOIUrl":"https://doi.org/10.15408/jch.v10i3.30011","url":null,"abstract":"Perumusan tindak pidana terhadap agama dan kehidupan beragama dalam peraturan perundang-undangan di Indonesia masih menyisakan berbagai persoalan. Tulisan ini membahas terkait bagaimana bentuk perumusan tindak pidana terhadap agama dan kehidupan beragama dalam KUHP dan RKUHP mendatang. Bentuk penelitian ini yuridis normatif dengan pendekatan hukum, konseptual, dan kasus. Hasil penelitian ini menunjukkan RKUHP telah mengadakan perubahan yang mengarah pada “konkretisasi” dan “objektifikasi” tindak pidana terhadap agama dan kehidupan beragama, sehingga prinsip lex certa dan lex stricta benar-benar diperhatikan. RKUHP juga telah lebih maju dalam merumuskan tindak pidana terhadap agama dan kehidupan beragama yang didasarkan pada pemikiran tentang penghormatan terhadap hak beragama sebagai hak asasi yang dilindungi Konstitusi. Semoga dengan diberlakukannya RKUHP dapat menjadi solusi dalam penegakan hukum terhadap berbagai tindak pidana terhadap agama dan kehidupan beragama di Indonesia masa mendatang. ","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":"46981474","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}
Pub Date : 2022-08-25DOI: 10.15408/jch.v10i2.27802
Rizqon Halal Syah Aji, Mohd Nasir Mohd Syaukani, Mangasi Panjaitan, Annissa Rezki
Human resource investment has a significant impact on the economic growth and development of a nation, including Indonesia. It is believed that education expenditures have an effect on worker productivity in Indonesia. Theoretically, education expenditures will contribute to an improvement in worker productivity. Several factors, including a comparison of the competitiveness of domestic workers to the competitiveness of international workers, can be used to determine the effect of education investment on the rise in worker productivity. Empirically, productivity is a function of worker skills. The quantity of a worker's salary might be used to gauge his or her competitiveness and productivity. It is simple to identify the productivity of various economic sectors, such as agriculture, services, and manufacturing, at the national level. Due to the lack of trained people required by the labor market, conditions in Indonesia have prevented the aforementioned three sectors from achieving their full potential for productivity growth. This condition directly manifests a number of concerns, notably Indonesia's investment in education and worker productivity, which impacts economic growth. This study employs qualitative research methodologies of the normative research type. This study's research objectives will be satisfied by the study model. This study will answer the question of how education investment affects worker productivity in Indonesia. The study's findings indicate that it is not totally accurate to assert that education policy in Indonesia has a good effect on enhancing the abilities of workers, therefore the issue of worker productivity must still be handled seriously in order to compete with workers from other nations.
{"title":"Legal Policy on the National Education System In Influencing Worker Productivity in Indonesia","authors":"Rizqon Halal Syah Aji, Mohd Nasir Mohd Syaukani, Mangasi Panjaitan, Annissa Rezki","doi":"10.15408/jch.v10i2.27802","DOIUrl":"https://doi.org/10.15408/jch.v10i2.27802","url":null,"abstract":"Human resource investment has a significant impact on the economic growth and development of a nation, including Indonesia. It is believed that education expenditures have an effect on worker productivity in Indonesia. Theoretically, education expenditures will contribute to an improvement in worker productivity. Several factors, including a comparison of the competitiveness of domestic workers to the competitiveness of international workers, can be used to determine the effect of education investment on the rise in worker productivity. Empirically, productivity is a function of worker skills. The quantity of a worker's salary might be used to gauge his or her competitiveness and productivity. It is simple to identify the productivity of various economic sectors, such as agriculture, services, and manufacturing, at the national level. Due to the lack of trained people required by the labor market, conditions in Indonesia have prevented the aforementioned three sectors from achieving their full potential for productivity growth. This condition directly manifests a number of concerns, notably Indonesia's investment in education and worker productivity, which impacts economic growth. This study employs qualitative research methodologies of the normative research type. This study's research objectives will be satisfied by the study model. This study will answer the question of how education investment affects worker productivity in Indonesia. The study's findings indicate that it is not totally accurate to assert that education policy in Indonesia has a good effect on enhancing the abilities of workers, therefore the issue of worker productivity must still be handled seriously in order to compete with workers from other nations.","PeriodicalId":53726,"journal":{"name":"Jurnal Cita Hukum-Indonesian Law Journal","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44621642","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}
Pub Date : 2022-08-25DOI: 10.15408/jch.v10i2.27811
L. Сhupryna, Nataliia Zadyraka, A. Koshlia, M. Chabanenko, Lemekha Rostislav
The purpose of the research. The scientific article is devoted to the coverage of the environmental protection funds as a component of national financial and environmental security. Main content. It is substantiated that achieving the effectiveness of regulatory policy in the field of environmental protection requires the state to intensify the forms of its implementation, one of which is the activities of extra-budgetary trust funds. During the analysis of economic and sectoral extra-budgetary funds, the unification of legal regulation of the procedure for allocating funds provided to environmental funds was identified as a necessary measure, which will allow detailed regulation of such rules and establish a mechanism for liability for violations. Methodology: Consideration of materials and methods based on the analysis of documentary materials for the environmental protection funds as a component of national financial and environmental security. Conclusions. The expediency of systematizing the legislation regulating extra-budgetary funds is argued for the purpose of further elaboration and adoption of the Law of Ukraine “On Public Funds”.Keywords: administrative service, environmental tax, government service, municipal service, electronic service, public service.
{"title":"Environmental Protection Funds As A Component Of National Financial And Environmental Security: Administrative And Legal Regulation","authors":"L. Сhupryna, Nataliia Zadyraka, A. Koshlia, M. Chabanenko, Lemekha Rostislav","doi":"10.15408/jch.v10i2.27811","DOIUrl":"https://doi.org/10.15408/jch.v10i2.27811","url":null,"abstract":"The purpose of the research. The scientific article is devoted to the coverage of the environmental protection funds as a component of national financial and environmental security. Main content. It is substantiated that achieving the effectiveness of regulatory policy in the field of environmental protection requires the state to intensify the forms of its implementation, one of which is the activities of extra-budgetary trust funds. During the analysis of economic and sectoral extra-budgetary funds, the unification of legal regulation of the procedure for allocating funds provided to environmental funds was identified as a necessary measure, which will allow detailed regulation of such rules and establish a mechanism for liability for violations. Methodology: Consideration of materials and methods based on the analysis of documentary materials for the environmental protection funds as a component of national financial and environmental security. Conclusions. The expediency of systematizing the legislation regulating extra-budgetary funds is argued for the purpose of further elaboration and adoption of the Law of Ukraine “On Public Funds”.Keywords: administrative service, environmental tax, government service, municipal service, electronic service, public service.","PeriodicalId":53726,"journal":{"name":"Jurnal Cita Hukum-Indonesian Law Journal","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49328617","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}
Pub Date : 2022-08-25DOI: 10.15408/jch.v10i2.27801
Serlika Aprita, Mona Wulandari, Sarah Qosim
When the debtor experiences a state of being unable to make payments on the debts of his creditors, at that time the debtor experiences bankruptcy. The condition of being unable to pay is usually caused by the financial distress of the debtor's business which has experienced a setback. The purpose of this study is to determine the criminal responsibility of the Curator when committing an unlawful act. The research method used is a qualitative method with a statutory approach. The results of the study stated that a curator could be convicted of an act of abusing his authority which resulted in losses to the debtor.
{"title":"Criminal Liability of the Curator for Illegal Acts in the Independence Principle","authors":"Serlika Aprita, Mona Wulandari, Sarah Qosim","doi":"10.15408/jch.v10i2.27801","DOIUrl":"https://doi.org/10.15408/jch.v10i2.27801","url":null,"abstract":"When the debtor experiences a state of being unable to make payments on the debts of his creditors, at that time the debtor experiences bankruptcy. The condition of being unable to pay is usually caused by the financial distress of the debtor's business which has experienced a setback. The purpose of this study is to determine the criminal responsibility of the Curator when committing an unlawful act. The research method used is a qualitative method with a statutory approach. The results of the study stated that a curator could be convicted of an act of abusing his authority which resulted in losses to the debtor. ","PeriodicalId":53726,"journal":{"name":"Jurnal Cita Hukum-Indonesian Law Journal","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48607606","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}
Pub Date : 2022-08-25DOI: 10.15408/jch.v10i2.26237
Suat Kol, Hilal İlknur Tunçeli
Early childhood education is a very important period for the education and development of the child. Many critical stages in the mental, physical and spiritual development of the child take place in this period. In addition, the gains to be obtained in this period form the basis of the child's education and academic development. Today, while the prevalence of early childhood education is close to 100% in many developed countries, this is not at the desired level in the countries that make up the Turkish World. The aim of this study is to examine the early childhood education in a comprehensive manner in independent Turkish states. In this context, as working group; Azerbaijan, Kazakhstan, Kyrgyzstan, Cyprus, Turkey, and Uzbekistan's document analysis related to early childhood education was carried out adhering to the title specified in the data collection tool. Historical analysis, one of the qualitative research methods, was used in the study. According to the data obtained; The prevalence ratio of pre-school education is the most in Turkey with 45.4%, and the least in Uzbekistan with 23.8%. It is seen that while the start of early childhood education in Turkish Republic of Northern Cyprus (TRNC) and Turkey dates back to primary school, it begins in the early 1900s in other countries. Age classification varies in every country and the education is carried out through this classification in the early childhood education institutions. When the teacher training programs are considered, the teaching profession is acquired through undergraduate education in all countries. However, the right to teach is given in 2-4 years in Azerbaijan, 3-5 years in Kyrgyzstan and in 4 years and 4+1 supplementary training in Kazakhstan, TRNC and Turkey.
{"title":"Legal Foundations and Comparative Analysis of Early Childhood Education Practices in The Turkish World","authors":"Suat Kol, Hilal İlknur Tunçeli","doi":"10.15408/jch.v10i2.26237","DOIUrl":"https://doi.org/10.15408/jch.v10i2.26237","url":null,"abstract":"Early childhood education is a very important period for the education and development of the child. Many critical stages in the mental, physical and spiritual development of the child take place in this period. In addition, the gains to be obtained in this period form the basis of the child's education and academic development. Today, while the prevalence of early childhood education is close to 100% in many developed countries, this is not at the desired level in the countries that make up the Turkish World. The aim of this study is to examine the early childhood education in a comprehensive manner in independent Turkish states. In this context, as working group; Azerbaijan, Kazakhstan, Kyrgyzstan, Cyprus, Turkey, and Uzbekistan's document analysis related to early childhood education was carried out adhering to the title specified in the data collection tool. Historical analysis, one of the qualitative research methods, was used in the study. According to the data obtained; The prevalence ratio of pre-school education is the most in Turkey with 45.4%, and the least in Uzbekistan with 23.8%. It is seen that while the start of early childhood education in Turkish Republic of Northern Cyprus (TRNC) and Turkey dates back to primary school, it begins in the early 1900s in other countries. Age classification varies in every country and the education is carried out through this classification in the early childhood education institutions. When the teacher training programs are considered, the teaching profession is acquired through undergraduate education in all countries. However, the right to teach is given in 2-4 years in Azerbaijan, 3-5 years in Kyrgyzstan and in 4 years and 4+1 supplementary training in Kazakhstan, TRNC and Turkey.","PeriodicalId":53726,"journal":{"name":"Jurnal Cita Hukum-Indonesian Law Journal","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45577118","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}
Pub Date : 2022-08-25DOI: 10.15408/jch.v10i2.27803
Amy Maulana, Dana Riksa Buana, Abdulaev Ibragimgadzhi Magomedovich
After the collapse of the Soviet Union in the post-Soviet era, a spiritual vacuum was formed in the conditions of deterioration of the political and economic situation. In the North Caucasus region, during the formation of the Russian state, it was quickly filled with religion: Wahhabism emerged, spread and increasingly declared itself religious extremism. Several terrorist attacks have occurred not only in the North Caucasus, but also in several Russian cities. This article describes the dynamics of religious extremism in Russia from the point of view of the theological, legal and psychological approach to social and personal. With regard to the soft approach, Russia can implement programs of deradicalization and counter-radicalization. In this regard, Russia may create a National Agency for Combating Terrorism and launch a deradicalization project and create a Deradicalization Center for convicted terrorists. Efforts to prevent the development of religious extremism in Russia are being undertaken not only with a legal approach, but also with a theological approach, since it is connected with Islamic concepts.
{"title":"Динамика религиозного экстремизма в России в богословских, правовых и психологических подходах к социальной и личностной; Dynamics of Religious Extremism In Russia In Theological, Legal and Psychological Approaches to Social and Personal","authors":"Amy Maulana, Dana Riksa Buana, Abdulaev Ibragimgadzhi Magomedovich","doi":"10.15408/jch.v10i2.27803","DOIUrl":"https://doi.org/10.15408/jch.v10i2.27803","url":null,"abstract":"After the collapse of the Soviet Union in the post-Soviet era, a spiritual vacuum was formed in the conditions of deterioration of the political and economic situation. In the North Caucasus region, during the formation of the Russian state, it was quickly filled with religion: Wahhabism emerged, spread and increasingly declared itself religious extremism. Several terrorist attacks have occurred not only in the North Caucasus, but also in several Russian cities. This article describes the dynamics of religious extremism in Russia from the point of view of the theological, legal and psychological approach to social and personal. With regard to the soft approach, Russia can implement programs of deradicalization and counter-radicalization. In this regard, Russia may create a National Agency for Combating Terrorism and launch a deradicalization project and create a Deradicalization Center for convicted terrorists. Efforts to prevent the development of religious extremism in Russia are being undertaken not only with a legal approach, but also with a theological approach, since it is connected with Islamic concepts.","PeriodicalId":53726,"journal":{"name":"Jurnal Cita Hukum-Indonesian Law Journal","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45602832","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}
Pub Date : 2022-08-25DOI: 10.15408/jch.v10i2.23540
Hidayatulloh Hidayatulloh, Éva Erdős
Privatization is a crucial issue for third-world countries such as Indonesia. In the electricity sector, which is the lifeblood of the community, the involvement of the private sector is a crucial concern. Two judicial reviews of the electricity law in 2003 and 2015 proved the significant issue of privatization in electricity. This study analyzes how the state regulates the privatization policy of the electricity sector in Indonesia. This study, a normative or doctrinal legal research model, explores electricity regulations and doctrines such as Laws Number 20 of 2002 and Number 30 of 2009, Law Number 11 of 2020 on Job Creation, and two decisions of the Constitutional Court number 001-021-022/PUU-I/2003 and 111/PUU-XIII/2015. In conclusion, this study explains that Indonesia allows the privatization of the electricity sector throughout the role of private companies is still under state control. Privatization, which is a reduction in the role of the state and an increase in the role of the private sector, has been well implemented by state-owned enterprises, including the electricity sector. Both decisions of the Constitutional Court emphasize the strong role of the state and become the majority in controlling the electricity business, but do not reject the role of the private sector. Furthermore, state-owned enterprises have a top priority as a provider of electricity for the community.
{"title":"The Legal Aspects of Privatization in Electricity Business Sector","authors":"Hidayatulloh Hidayatulloh, Éva Erdős","doi":"10.15408/jch.v10i2.23540","DOIUrl":"https://doi.org/10.15408/jch.v10i2.23540","url":null,"abstract":"Privatization is a crucial issue for third-world countries such as Indonesia. In the electricity sector, which is the lifeblood of the community, the involvement of the private sector is a crucial concern. Two judicial reviews of the electricity law in 2003 and 2015 proved the significant issue of privatization in electricity. This study analyzes how the state regulates the privatization policy of the electricity sector in Indonesia. This study, a normative or doctrinal legal research model, explores electricity regulations and doctrines such as Laws Number 20 of 2002 and Number 30 of 2009, Law Number 11 of 2020 on Job Creation, and two decisions of the Constitutional Court number 001-021-022/PUU-I/2003 and 111/PUU-XIII/2015. In conclusion, this study explains that Indonesia allows the privatization of the electricity sector throughout the role of private companies is still under state control. Privatization, which is a reduction in the role of the state and an increase in the role of the private sector, has been well implemented by state-owned enterprises, including the electricity sector. Both decisions of the Constitutional Court emphasize the strong role of the state and become the majority in controlling the electricity business, but do not reject the role of the private sector. Furthermore, state-owned enterprises have a top priority as a provider of electricity for the community.","PeriodicalId":53726,"journal":{"name":"Jurnal Cita Hukum-Indonesian Law Journal","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48220097","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}