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GENESIS SEMBIRING DEPARI
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Journal of Legal and Cultural Analytics (JLCA)
Published by PT FORMOSA CENDEKIA GLOBAL
ISSN : -     EISSN : 2961807X     DOI : https://doi.org/10.55927/jlca.v1i2.916
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Journal of Legal and Cultural Analytics (JLCA) , is a fully open access scientific peer-reviewed journal on all aspects of law and culture. It welcomes contemprorary and traditional legal articles as well as interdisciplinary work, and invites submissions from scholars, practitioners, researchers worldwide. All publications are opened and free to download. The Journal of Legal and Cultural Analytics (JLCA) is published by the Formosa Publisher and publishes articles quarterly in a year (February, May, August, November).
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 2 No. 4 (2023): November 2023" : 5 Documents clear
Juridical Review of International Private Law in Interfaith Marriages Outside Indonesia (Case Study of the Marriage of Dimas Anggara and Nadine Chandrawinata) Retno Hirowati; Safina Aliyah Dewi; Dwi Mei Laila; Shofia Hanifah
Journal of Legal and Cultural Analytics Vol. 2 No. 4 (2023): November 2023
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v2i4.6735

Abstract

One of the most important aspects of Indonesian culture is marriage. One topic that is considered very close to the essence of humanity is marriage. There is much debate about what is meant by marriage, especially when it comes to inter-religious unions that occur outside the Unitary State of the Republic of Indonesia. This case study investigates the legal framework of private international law that regulates interreligious unions that occur outside the Unitary State of the Republic of Indonesia. In the case of interfaith marriages that occur abroad, there is disagreement about the legitimacy or legality of marriage in Indonesia for couples who marry in different religious traditions. UU no. 1/1974 regulates marriage and states, in line with the 1945 Constitution, that no religious law or belief system can legitimize marriage. Every marriage performed outside Indonesia is deemed to have occurred between two Indonesian citizens or between an Indonesian citizen and a foreign citizen, in accordance with Pasal 56 Undang-Undang Nomor 1 Tahun 1974. According to Lex Loci Celebrations, a marriage is perfected in accordance with local law when it is performed in accordance with international private law. Interfaith marriages performed abroad are a kind of legal smuggling which is contrary to pasal 2(1) of international civil law and is regulated by it. Regarding legal certainty and how the status of interfaith marriages entered into abroad is treated, this topic will be discussed in a separate section below.
An International Civil Law Approach to the Legal Certainty of Same-Sex Marriage with Differences in Citizenship (Case Study of Ragil Mahardika and Fred Vollert Frederik) Nurhan, Cinta Annata; Erwanto, Nabila Mauldy; Gisna, Eva Shifdlotul; Salsabil R P, Frisca Zalfa; Sabila, Fanim Angelina
Journal of Legal and Cultural Analytics Vol. 2 No. 4 (2023): November 2023
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v2i4.6919

Abstract

The phenomenon of same-sex marriage is a phenomenon that is widely discussed in society. The marriage of Ragil Mahardika and Fred Vollert Frederik contains foreign elements when viewed from the perspective of the subjects who are citizens of different countries, Indonesia & Germany. Their marriage can be considered valid in Germany in accordance with the principle of "Lex Loci Celebrationis" which means that the law that applies to a marriage is in accordance with the law of the place where the marriage took place but cannot be said to be valid. If we refer to Indonesian state regulations, the benefit of this writing is to know for sure whether the marriage can be said to be valid or not. The research method used in this research uses normative juridical by studying and analyzing social phenomena that occur in society in order to understand the conditions and solutions to the problems that occur. This article was written about same-sex marriage to find out whether the marriage can be said to be legal or not.
The Use of Prohibited Substances by Athlete are Covered in Doping Offenses Gunawan, Candra; Muchtar, Andhyka; Nasir, Muh.
Journal of Legal and Cultural Analytics Vol. 2 No. 4 (2023): November 2023
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v2i4.6937

Abstract

Doping is the administration of oral or paralytic drugs or concoctions to an athlete with the aim of increasing unnatural accuracy. In Indonesia, the prohibition on the use of doping consisting of prohibited substances and/or methods is regulated in Law Number 11 of 2022 concerning Sports. The use of doping is contrary to the principle of "fair play" in matches and also harms the spirit of sport which upholds the values of honesty and justice. However, currently the law on sports in Indonesia does not yet contain criminal sanctions regarding violations of the use of prohibited substances and/or methods, so it is still based on the Law on Narcotics in imposing sanctions. A normative method based on legal materials as the main source.
Reforms in the Collegium System: Less Legal, More Ethical Kumar, DR. Santosh; Singh, Dr. Rang Nath
Journal of Legal and Cultural Analytics Vol. 2 No. 4 (2023): November 2023
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v2i4.7310

Abstract

The matter of appointment of judges in the higher judiciary has again become a matter of discussion. Prior to the 99th Constitutional Amendment Act, 2014, under Article 124, the President may after consulting such judges of the Supreme Court and the High Courts of the states, whom the President considers necessary to consult for this purpose, by warrant under his hand and seal, to every judge of the Supreme Court shall appoint. In the case of appointment of a Judge other than the Chief Justice, the Chief Justice of India shall always be consulted. Similarly, according to Article 217, the President, after consultation with the Chief Justice of India, the Governor of that State and in the case of appointment of a judge other than the Chief Justice, the Chief Justice of the High Court, by a warrant under his hand and seal, Every Judge shall be appointed.. In this sequentially in the presented article, an attempt has been made to reveal the intention of the constitution makers in relation to how the appointment process of judges in the higher judiciary should be. Although this article may have a reason to be pro-critic, the truth needs to be disclosed.
Implementation of Indonesian Defense Diplomacy in the South Pacific Region Mahroza, Jonni; Widjayanto, Joni; Yulivan, Ivan; Prakoso, Lukman Yudo; Setiadi, Muhammad Ikmal
Journal of Legal and Cultural Analytics Vol. 2 No. 4 (2023): November 2023
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v2i4.7512

Abstract

Domestically, Indonesia is also facing the dynamics of separatist movements and responding to cases of human rights violations in Papua, threats coming from support from Pacific countries for Papuan independence which then led Indonesia to create a "Look East Policy" as a form of its territorial defense efforts. This study utilized qualitative methods from scientific journals sourced from Google Scholar and official government websites which were then used as references in writing this article. Indonesia's defense efforts go through 2 aspects, namely external and internal. On the external side, the Indonesian government uses economic, cultural and defense diplomacy from the Indonesian Navy. To gather support from countries in the South Pacific and mitigate the risk of Papuan separatism becoming an international issue.

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