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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 11 Documents
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Search results for , issue "Vol. 3 No. 2 (2024): May 2024" : 11 Documents clear
The Deed of Heirs or Obtain rights within The Confidentiality of The Notary's Position Suprayitno, Suprayitno; Tony, Tony; Alnas, Mujib Medio; Teodoran, Vincent; Nawawi, Vivi Damayanti
Journal of Legal and Cultural Analytics Vol. 3 No. 2 (2024): May 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i2.8570

Abstract

A notary is a public official who has the authority to make authentic deeds and has other authorities as intended in Law no. 2 of 2014 concerning Amendments to Law no. 30 of 2004 concerning Notary Positions (UUJN) and based on other laws. The problem in this paper is how to provide documents by a notary to parties who have a direct interest in the deed, heirs or people who have the right to do so within the confidentiality limits of the notary's office. The notary's authority to provide documents as intended in article 54 UUJN is limited by the notary's obligation to keep it confidential as intended in article 16 paragraph (1) letter f, the exception is if there are statutory provisions that determine otherwise. The party with a direct interest in the deed, on the one hand, is the person who signs the deed in front of a notary or is a party to the deed, and on the other hand, this person is the person who has rights and obligations regarding what is regulated in the deed. Furthermore, those included in the heirs are the heirs of people or parties who have a direct interest in the deed. Meanwhile, a person who is categorized as a person who has rights is a person who has or obtains rights related to what is stated in the deed, although this person or party does not have to be the person who signed the deed.
Analysis of Partnership Principles of Small and Medium Enterprises (UKM) in BUMN Minister Regulation No. PER-05/04/2021 Against PT. Perkebunan Nusantara III Medan Sunarto, Atika; Adnan, Muhammad Ali; Zulkifli, Suhaila
Journal of Legal and Cultural Analytics Vol. 3 No. 2 (2024): May 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i2.8685

Abstract

This research can be categorized as a type of observational legal research with a survey method. In observational research, the author makes direct observations in the field to collect information and data relevant to this research topic. Further, in terms of the nature of the research, it is descriptive in nature. This research was carried out in the PTPN III Medan environment, with the center of research attention being at PT. Nusantara Plantation III (PTPN III) Medan. The location of PTPN III Medan is located in the Medan area, and this company has become the focus of research because of its involvement in the implementation of the SOE Minister's regulations regarding partnerships with Small and Medium Enterprises (UKM) actors in the region. The data collected will be processed and grouped based on findings from research, interviews and questionnaires. Data analysis will involve interpreting the results, comparing them with the views of experts, as well as comparing them with applicable laws and regulations. The results of this analysis will help identify the implementation of the Minister of BUMN's regulations in the context of SME partnerships within PTPN III Medan based on dignified justice. Based on the conclusions, although the BUMN Ministerial Regulation provides an important framework, the weaknesses identified in the context of SME partnerships within PT. Perkebunan Nusantara III Medan needs to be addressed. Efforts to overcome these obstacles need to be carried out strategically, involving related parties including PTPN III and the government, to ensure that SME partnerships can run optimally according to the expected goals. The construction of BUMN Ministerial Regulation Number Per-05/Mbu/04/2021 regarding SME partnerships plays a vital role in ensuring partnerships that are based on fair, dignified and sustainable principles.
Analysis of Legal Structural Protection of Terrorism Crimes in Indonesia Based on Legal System Theory Yanto, Yanto
Journal of Legal and Cultural Analytics Vol. 3 No. 2 (2024): May 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i2.9017

Abstract

The enforcement of terrorism cases in Indonesia still has several problems, including the inability to implement Government Regulation Number 77 of 2019 concerning the Prevention of Criminal Acts of Terrorism, and Protection of Investigators, Public Prosecutors, Judges, and Correctional Officers, and the centralized handling of Terrorism cases in Jakarta. In all entities, the enforcement of criminal acts of terrorism is part of the legal structure according to Lawrence M Friedmen's theory which is often used as legal system theory. In this research, the method used is normative juridical research, besides that the research is carried out with a statutory approach, and a case approach. The results showed that Government Regulation Number 77 of 2019 concerning the Prevention of Criminal Acts of Terrorism and the Protection of Investigators, Public Prosecutors, Judges, and Correctional Officers, is still difficult to implement. This is because the guidelines in protecting investigators, public prosecutors, judges, and correctional officers and their families in the case of criminal acts of terrorism who must be given protection by the state from possible threats that endanger themselves, their lives, and/or their property both before, during, and after the case examination process, have not been institutionalized in a regulation or policy by the government to the fullest, based on research, this takes time, not only synergy between stakeholders, such as the budget policy of the finance ministry to the ministry of home affairs and other institutions to sit together to overcome the problems of government regulation number 77 of 2019. On the other hand, the centralized handling of terrorism cases in Jakarta is a priority consideration for the government so that the security factor of the central government in the capital is maximized.
Restorative Justice as an Alternative Approach in Combating Corruption Offenses Octaviyanti, Ary; Yanto, Oksidelfa
Journal of Legal and Cultural Analytics Vol. 3 No. 2 (2024): May 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i2.9148

Abstract

Corruption runs rampant in Indonesia, hindering progress, yet restorative justice promises a fair and sustainable solution to address this issue. This research aims to explore the application of restorative justice in tackling corruption in Indonesia. Utilizing a normative legal research method, the study highlights the challenges faced by restorative justice, such as difficulties in identifying victims and disagreements regarding restitution. The findings suggest that strengthening the norms of state restitution as the primary penalty and establishing recovery mechanisms are essential to bolster restorative justice. The conclusion drawn from this research is that implementing restorative justice in corruption cases allows victims to receive direct compensation from perpetrators, enhances accountability, and reduces the burden on the judicial system by resolving cases outside of court. This research is expected to serve as an effective instrument in combating corruption and rebuilding public trust in the justice system.
Prevention and Legal Protection for Victims of Human Trafficking and Drug Abuse Offenses Pradini, Yustia Okta; Anjani, Maudy; Hosnah, Asmak Ul
Journal of Legal and Cultural Analytics Vol. 3 No. 2 (2024): May 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i2.9196

Abstract

Human trafficking and drug abuse are two complex problems that have a serious impact on people’s lives globally. Besides threatening human rights, human trafficking and drug abuse also damaged individual welfare, disrupt the social order, and also harm the aspect of economies to all countries. Generally, human trafficking involves forced labor, organ trafficking, and also sexual exploitation, which are very damaging and harmingthe victims. On the other hand, drug abuse has became rampant like a pandemic that has spread all around the world and affected the society. Drugs can be very harming, apart from causing a physical harm, it also can caused a mental illnes to it’s victim. In this research, authors will examine the relation between human trafficking and drug abuse, identify how to prevent and also to found the legal protection for the victims.
The Model of Appointing Judges of the Constitutional Court in a Constitutional Democracy Prastiwi, Dian Eka; Yusdiansyah, Efik
Journal of Legal and Cultural Analytics Vol. 3 No. 2 (2024): May 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i2.9381

Abstract

The very existence of the Constitutional Court is interpreted as a constitutional tribunal, which then becomes a new branch of power included in the judicial power. The model for appointing judges to the Constitutional Court may affect the independence and impartiality of the judiciary. In order to implement changes and improvements in the appointment of judges in Indonesia, we need to look at the model of appointment of constitutional judges in other countries. The aim of this research is to analyse the model of constitutional judges' appointment in Indonesia and compare it with the models of constitutional judges' appointment in other countries. The research method used is normative legal research by examining primary and secondary legal materials related to the appointment of constitutional judges. The research results show that there are several models of constitutional judge appointments in different countries, namely models involving the executive and legislative branches, models involving only the legislative branch, models involving all three branches of government, and models conducted by special institutions. Indonesia itself uses a model involving all three branches of government. This research also compares the system for appointing constitutional judges in Indonesia with other countries such as Germany, Austria and South Korea. The conclusion of this research is that the mechanism for appointing constitutional judges must be carried out in a transparent, independent and accountable manner in order to guarantee the independence of the Constitutional Court.
The Extension of the Honorary Council of the Constitutional Court in Safeguarding the Integrity of Constitutional Court Judges Tuanaya, Halimah Humayrah; Yanto, Oksidelfa
Journal of Legal and Cultural Analytics Vol. 3 No. 2 (2024): May 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i2.9394

Abstract

Penelitian ini berujudul ekstensi Majelis Kehormatan Mahkamah Konstitusi dalam menjaga integritas hakim Mahkamah Konstitusi dengan tujuan untuk mengetahui eksistensi Majelis Kehormatan Mahkamah Konstitusi dan Konsep Ideal Majelis Kehormatan Mahkamah Konstitusi dalam menjaga kode etik Hakim Mahkamah Konstitusi. Penelitian ini menggunakan metode penelitian yuridis normatif. Hasil penelitian ini menunjukan bahwa pertama, eksistensi Majelis Kehormatan Mahkamah Konstitusi masih sangat lemah, hal ini dibuktikan banyak hakim Mahkamah Konstitusi yang terbukti melanggar etik. Kedua, konsep ideal Majelis Kehormatan Mahkamah Konstitusi kedepan bisa dilakukan dengan cara memperkuat kedudukan dan kewenangn serta tata cara menyeleksi keanggotaan Majelis Kehormatan Mahkamah Konstitusi, dan dengan cara mengembalikan kewenangan Komisi Yudisial sebagai lembaga pengawas eksternal yang akan mengawasi hakim Mahkamah Konstitusi.
Abuse Against Children: Analysis of the Causes, Impact, and Legal Protection for Victims Based on Child Protection Law Pradini, Yustia Okta; Simanungkalit, Jason A.R.; Hosnah, Asmak Ul
Journal of Legal and Cultural Analytics Vol. 3 No. 2 (2024): May 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i2.9493

Abstract

Persecution is an arbitary act against other person with the aim of torturing and intentionally causing pain and injury. An abuse can be happened to anyone, especially to a child. Child abuse is a serious problem and it is requires more attention on the legal aspect. Persecution is an act that against the law and is contrary to the implementation of human rights, where all humans have their right to lives. This research aims to analyze thr causes, impacts, and legal protection toward children whose a victim of children abuse. By using a normative legal approach with a normative juridical approach methods which is carried out by examining theories, concepts, and related legislations.
Legal Approach to the Sale of Imported Second-Hand Clothing in Stores to Protect Consumers Refangga, Galih Setyo; Sujiantoro, Hibertus; Febriana, Linda
Journal of Legal and Cultural Analytics Vol. 3 No. 2 (2024): May 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i2.9570

Abstract

Certain individuals in Indonesia have started to participate in the trade of selling second-hand clothing imported from nearby nations. For certain individuals, this location serves as a means of making a livelihood by engaging in the trade of purchasing and selling second-hand imported garments. According to Article 47, paragraph (1) of Law Number 7 of 2014 on Trade, it is mandated that all importers must bring in items in a brand new condition. In addition to the implementation of Minister of Trade law Number 40 of 2022, which specifically states and mandates the destruction of imported used apparel that is being sold in Indonesia after the law comes into effect
Wakalah: Legal Analysis and Its Aspects Simanungkalit, Jason Aaron Riado; Pradini, Yustia Okta; Allariksyah, M. Satria; Heryadi, Raihan; Rahmawati, Esa; Mahipal, Mahipal
Journal of Legal and Cultural Analytics Vol. 3 No. 2 (2024): May 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i2.9770

Abstract

Wakalah is a concept in Islamic law that allows a person to appoint a representative or agent to carry out tasks or transactions on their behalf. A wakalah agreement is an agreement where the first party gives power or mandatory to the second party. It is impossible for each individual to handle all matters only by themselves. Therefore, Allah SWT has established rules about how the wakalah contract can be carried out, providing benefits for us. Wakalah comes from words “wakalah-yakilu-waklan”, which means submission or giving authority to a representative. Wakalah can be interpreted as handing over tasks that a person can carry out independetly to another person, so that the person carries out these tasks throughout his life. This paper aims to provide an in-depth analysis of wakalah from the perspective of Islamic law, as well as identifying the key aspects involved.

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