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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 8 Documents
 1 
Search results for , issue "Vol. 3 No. 4 (2024): November 2024" : 8 Documents clear
A Responsive and Fair Approach to Trialling Women Perpetrators of Corruption Crimes (Case Study of Corruption Cases with Female Perpetrators in Case Number 28/2022 at the Pontianak District Court) Syarifudin, Urif; Azis, Hasnah; Rahmaddani, Imam
Journal of Legal and Cultural Analytics Vol. 3 No. 4 (2024): November 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i4.11681

Abstract

This paper discusses the issue of village fund corruption through a case study involving the defendant, Feridiyana, a 29-year-old woman charged with engaging in a criminal act of corruption during her tenure as the Head of Financial Affairs in Sepang Village, Toho District, Mempawah Regency, West Kalimantan. Feridiyana was charged under Article 3 of the Anti-Corruption Law for her involvement in the misappropriation of village funds, which resulted in a state financial loss of Rp225,229,176.25. Using a gender-responsive and fair approach, this paper examines the subordinate role played by the defendant in the crime, as well as the pressure exerted by the main actor, the Village Head, Joni Fri Harianto. This research emphasises the importance of courts considering the social context differences between male and female perpetrators in corruption cases to prevent gender bias. The findings aim to provide new insights for law enforcement in adjudicating corruption cases involving women and to encourage more inclusive policies within Indonesia's criminal justice system.
Bank's Responsibility for Customer Money Losses in Inter-Bank Transfer Errors (Study of Decision No. 148/PID.SUS/2021/PN SBY) Sitorus, Rolib; Saphira, Felicia
Journal of Legal and Cultural Analytics Vol. 3 No. 4 (2024): November 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i4.11904

Abstract

This study aims to determine the bank's responsibility for customer money losses in the event of an interbank transfer error in case NO 148/PID.SUS/2021/PN SBY ​​and how legal protection for customers for losses due to incorrect transfers in the decision (NO 148/PID.SUS/2021/PN SBY). The research method used by the author in this study is the juridical-normative legal research method. The juridical-normative method is an approach carried out by examining the approach of theories, concepts, reviewing laws and regulations related to this research or the legislative approach. Normative juridical research is legal research that positions law as a building of a normative system. The normative system in question is regarding the principles, norms, rules of laws and regulations, agreements and doctrines (teachings). This normative research is research on legal systematics, namely research whose main purpose is to identify the definitions or bases in law. Based on the results of the study, it shows that the bank's accountability carried out in accordance with applicable legal provisions is the management of PT. Bank BCA has admitted to making efforts to resolve the matter through deliberation and Ardi (as the recipient of the wrongly transferred funds) based on Bank BCA's records, Ardi was given 2 (two) notification letters of the wrong transfer and BCA has asked him to return the funds since March 2020 and Bank BCA has issued a warning to Ardi. If the bank makes a mistake in transferring funds, they must prove that there has been an error in sending, and if they find out, the bank must immediately collect the funds.
Legal Liability for Doctors' Malpractice Through Liability Insurance Lavenia, Mela; Khoironi, Moh.Luay; Widiastuti, Widiastuti; Ngura, Serlin Peda
Journal of Legal and Cultural Analytics Vol. 3 No. 4 (2024): November 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i4.12389

Abstract

This study discusses the problems faced by doctors in Indonesia regarding their responsibility towards patients as third parties for their negligence resulting in medical malpractice against patients that is believed to have caused harm to the patient. Through a regulatory approach, this study analyzes the legal framework that regulates the urgency of doctors to obtain professional liability insurance, the requirements that must be met by doctors to file liability insurance claims, and the obstacles that doctors often face when applying for liability insurance. By considering different legal perspectives, this study aims to provide a deeper understanding of the legal solutions faced by doctors when committing medical malpractice or medical disputes.
The Impact of Economic Factors as Causes of Domestic Violence in the Family (A Study of Besilam Village, Langkat Regency) Sendy, Beby; Rossanty, Yossie; Hawawari, Muhammad Fadhiil
Journal of Legal and Cultural Analytics Vol. 3 No. 4 (2024): November 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i4.12482

Abstract

Domestic Violence (DV) is a pervasive phenomenon that causes significant harm to all parties involved, encompassing social, psychological, and economic dimensions within the familial context. This study seeks to examine and elucidate the economic factors that contribute to the incidence of domestic violence in Besilam Village, Langkat Regency. Employing a qualitative research design through field study methods, data were collected via in-depth interviews with individuals who had either experienced or witnessed domestic violence, supplemented by participatory observations within the local community. The findings underscore the critical role of economic factors in precipitating domestic violence in the study area. To mitigate domestic violence in this village, a multidimensional approach integrating economic, social, and educational strategies is imperative. Moreover, the involvement of governmental and institutional stakeholders is essential in providing protective measures and support services for victims. Social campaigns aimed at enhancing public awareness of the adverse impacts of domestic violence are equally crucial. Domestic Violence (DV) also encapsulates gender-based violence within the private sphere. This form of violence frequently occurs in close personal relationships where the perpetrator is a familiar and trusted individual, such as a husband against his wife, a father against his child, an uncle against a niece or nephew, or a grandfather against a grandchild. Additionally, domestic violence is often characterized as violence against women perpetrated by family members bound by consanguinity.
Pakistan's Diplomatic Maneuvering: Facilitating Sino-American Rapprochement in 1971-72 - A Historical Approach Ismail, Aneta; Arif, Muhammad; Yong, Wang; Weihong, Wang
Journal of Legal and Cultural Analytics Vol. 3 No. 4 (2024): November 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i4.12499

Abstract

This paper examines the vital role, which Pakistan played in bringing about the Sino- American normalization in 1971-72. The study shall add to Cold War diplomacy by uncovering Pakistan’s strategic location that facilitated top secret negotiations that escalated to Dr. Henry Kissinger’s visit to Beijing followed by President Nixon. As such, this research, based on the analysis of declassified documentation, memoirs, and oral histories analyzes the change in perceptual categorization of Pakistan from a minor to a gross strategic actor. This concern focuses the historical research for the period of 1971-72 and it uses historiographical sources. Findings indicate that Pakistan’s role in geopolitics specifically highlights the significance of the role of small states in major diplomatic shifts during the Cold War.
The Implementation of Law in Bureaucratic Reform: Challenges and Solutions for Efficient Governance Teguh, Adean
Journal of Legal and Cultural Analytics Vol. 3 No. 4 (2024): November 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i4.12876

Abstract

Bureaucratic reform through legal implementation is essential for achieving efficient, transparent, and accountable governance. This article examines the challenges faced in implementing laws to drive bureaucratic reform and explores viable solutions to overcome them. Key challenges include systemic corruption, resistance to change within a bureaucratic culture, overlapping regulations, weak law enforcement, and limited public participation. These obstacles hinder efforts to establish good governance and often result in inefficiencies in resource management and public service delivery. The article proposes a systematic and comprehensive approach to address these challenges. Simplifying regulations through harmonization and evidence-based policymaking is emphasized to reduce legal overlaps. Strengthening the enforcement of laws, including the imposition of strict sanctions for violations, is identified as a critical measure. Moreover, enhancing the competence of civil servants through legal education and professional training is recommended to foster a culture of innovation and accountability within the bureaucracy. Public participation is also highlighted as a vital factor in ensuring transparency and oversight in policy implementation. Drawing on best practices from other countries, the study identifies strategies that could be adapted to Indonesia’s context. It concludes that achieving efficient governance requires the collaborative commitment of government, society, and the private sector. By addressing these challenges with legal frameworks and strong governance principles, a reformed bureaucracy can significantly improve public trust and deliver better outcomes for citizens.
Legal Politics in the Perspective of the Constitutional Court's Decision on Presidential and Vice Presidential Candidates Milenia Ramadhani
Journal of Legal and Cultural Analytics Vol. 3 No. 4 (2024): November 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i4.13600

Abstract

The Constitutional Court Decision Number 90/PUU-XXI/2023 regarding the age requirements for presidential and vice presidential candidates is an important event in the context of political law in Indonesia. This event gave rise to various legal and political responses and consequences in this country. The article aims to explain the journey and dynamics of the Constitutional Court's decision along with the legal consequences and political impacts that result. The research method is normative juridical research and literature study. Data collection was carried out through library research and study of relevant legal sources. Data were analyzed qualitatively based on relevant legal and library sources. The research results show that the legal and political dynamics that occur in relation to the Constitutional Court's decision regarding the age requirements for presidential and vice presidential candidates are part of a close legal and political relationship. The legal consequence that occurs is that everyone must implement the decision because the Constitutional Court's decision is final and binding and the technical regulations need to be prepared. The resulting political impact was a significant change in the political map. Key words: Constitutional Court, Political law, Presidential election.
Urgency of Medical Justice Post Law Number 17 of 2023 Concerning Health Milenia Ramadhani
Journal of Legal and Cultural Analytics Vol. 3 No. 4 (2024): November 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i4.13601

Abstract

Medical dispute resolution in Indonesia has become an important topic along with the increasing number of cases of medical malpractice and negligence. The recently passed Law Number 17 of 2023 concerning Health provides a new direction in regulating medical disputes, emphasizing non-litigation resolution through mediation, arbitration, and a restorative justice approach. However, although this law offers better protection for medical personnel and patients, the urgency of establishing a medical court remains necessary. This is because the existing medical dispute resolution procedures often do not create a sense of justice for both parties, both medical personnel and patients. A medical court that has a specialty is expected to ensure justice by involving judges and experts who understand complex medical issues. Thus, medical courts have the potential to become institutions that accommodate the need for fast, fair, and appropriate resolution of medical disputes in accordance with legal standards and medical professional ethics. This study aims to describe the resolution of medical disputes after the enactment of Law Number 17 of 2023 and analyze the urgency of establishing a medical court to improve the quality of the health law system in Indonesia.

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