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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 180 Documents
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Legal Review of Settlement of Customary Land Disputes Through Mediation According to Positive Law Agnes Monika Gultom; Hisar Siregar; Ria Juliana Siregar
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13656

Abstract

Resolving customary land disputes through mediation is a relevant approach in the context of Indonesian people who have a diversity of customs and cultures. This article aims to analyze the mediation mechanism as an alternative to resolving customary land disputes within the framework of Indonesian positivist law. This study uses normative juridical methods and empirical approaches with literature and literature studies. The results of the analysis show that mediation as part of the alternative dispute resolution (ADR) system has been regulated in various laws and regulations in Indonesia, including Supreme Court Regulation No. 1 of 2016 concerning Mediation procedures in Court. In the context of customary land, mediation allows the integration of customary law values with positive law, resulting in a more accommodating and fair solution for the parties to the dispute. However, the implementation of mediation at the practical level often faces obstacles, such as differences in the interpretation of customary law and lack of understanding of mediation by the parties. Therefore, it is necessary to strengthen the capacity of mediators, clearer recognition of customary law and the national legal system, as well as harmonization between customary law and positive law to increase the effectiveness of resolving customary land disputes through mediation.
Legal Protection Efforts for Micro, Small and Medium Enterprises Against Unfair Business Competition Elsita Lumban Gaol; July Esther; Ria Juliana Siregar
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13659

Abstract

The focus of this study is the efforts made by the law to protect micro, small, and medium enterprises (MSMEs) from unfair competition. This law is regulated through Law No. 5 of 1999. Activities prohibited in business competition are the topic of this study. This study investigates the impact of unfair business competition on MSME actors, which makes the KPPU necessary to supervise business competition. The results of the study indicate that legal protection for MSMEs against unfair business competition practices is very important because these practices can affect the growth and desires of MSMEs. This finding provides insight for the government, business actors, and legal experts. The government can establish stricter laws to supervise business competition. To avoid unfair business practic
Legal Protection for Consumers for Excessive Claims in Skincare Product Contents Putri Melani Tampubolon; July Esther; Ria Juliana Siregar
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13661

Abstract

This study examines legal protection for consumers against overclaim practices in skincare product ingredients. This phenomenon is widespread in e-commerce, where consumers are often influenced by trends and fail to thoroughly examine product quality. Overclaim practices, such as listing an active ingredient percentage that does not match the actual content, have harmed consumers both financially and health-wise. This research employs a normative method with a legislative and conceptual approach, referring to Law Number 8 of 1999 on Consumer Protection and relevant BPOM (Indonesian Food and Drug Authority) regulations. The findings indicate that consumer protection encompasses fundamental rights, including accurate information and compensation for damages. Preventive measures include regulations, BPOM supervision, consumer education, and the role of institutions such as BPSK (Consumer Dispute Resolution Agency) and BPKN (National Consumer Protection Agency). Meanwhile, repressive efforts involve dispute resolution through litigation and non-litigation channels. This study highlights gaps in the effectiveness of regulations and oversight of overclaims, as well as the need for practical solutions, including more extensive consumer education.
Legal and Ethical Implications of Blockchain Use in Business Transactions Joel Fredly Pakpahan; Roida Nababan; Samuel Situmorang
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13688

Abstract

Blockchain technology has brought significant transformations across various industrial sectors due to its transparent, secure, and efficient characteristics. However, its decentralized, transparent, and immutable nature poses legal challenges, particularly concerning personal data protection and ethical use. In Indonesia, the Personal Data Protection Law (UU PDP) and the Electronic Information and Transactions Law (UU ITE) serve as the primary legal frameworks regulating personal data protection. One major issue is the potential conflict between the permanent nature of blockchain and the right to data erasure as stipulated in the UU PDP. Additionally, ethical challenges such as privacy violations, unequal access to technology, and environmental impacts are critical issues that need to be addressed. Dispute resolution in blockchain transactions also faces unique complexities due to blockchain's immutable nature, requiring innovative approaches such as blockchain-based arbitration and smart contract arrangements. Therefore, a specific legal framework and mechanisms are needed to support the safe and responsible development of blockchain while respecting legal principles, ethics, and data protection. Collaboration among governments, businesses, and technology developers is essential to ensure that blockchain can be implemented inclusively and sustainably.
Legal Protection for Girls in the Distribution of Inheritance Based on Batak Toba Customary Law (In Janjiraja Village, Samosir Regency) Roma Cita Sibatuara; Martono Anggusti; Roida Nababan
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13689

Abstract

The Batak Toba customary law adheres to a patrilineal inheritance system, where male children are the primary heirs of family assets, while female children only receive symbolic portions in the form of gifts or jambar. This study aims to examine the legal protection for female children in inheritance distribution in Janjiraja Village, Samosir Regency, focusing on customary practices and gender equality. The research uses a juridical-sociological method, combining legal analysis with observations of the implementation of customs in the community. The findings show that although there are protective mechanisms such as parjambar and family discussions, their implementation is hindered by the patrilineal culture, lack of understanding of national law, and social pressures from the customary environment. However, there is a shift in attitudes among the younger generation, who are more supportive of gender equality, influenced by education, urbanization, and national legal frameworks. This study concludes that legal protection for female children in Batak Toba inheritance requires an approach that combines customary values with gender equality principles, leading to a more equitable distribution of family inheritance.
Juridical Review of the Legal Status of Children Born Through Womb Renting in Indonesia Marnipera Ngerika Sihombing; Martono Anggusti; Roida Nababan
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13703

Abstract

Womb rental is a method of obtaining offspring by using another woman's womb to contain an embryo derived from the egg and sperm of a married couple. After the child is born, it will be handed back to the married couple who owns the embryo. The implementation of uterine leasing is prohibited in Indonesia because it is contrary to applicabl’e laws and regu’lations and contrary to religious norms. This st’udy aims to determine the legal status of children born through uterine leasing based on positive law in In’donesia. This researc’h uses norm’ative legal resea’rch. Based on the res’ults of the stu’dy, if the st’atus of the surro’gate mother is a g’irl or widow, th’en the child is an unmarried ch’ild, where children born out’side of marria’ge only have a ci’vil relation’ship with their moth’er and th’eir mother's fam’ily. If the s’tatus of the surr’ogate mother is bou’nd by a legal marriag’e (has a husb’and), then the ch’ild born is the legiti’mate child of the su’rrogate mother and her hu’sband.
Analysis of Inheritance Law Regarding Inheritance Disputes in the Decision of the Supreme Court of the Republic of Indonesia Number 793 k/Ag/ 2018 Rolib Sitorus; Jerry Merkury
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.12631

Abstract

Inheritance law covers the transfer or assignment of a person's assets to the procedures for their distribution and settlement as stated in the Decision of the Supreme Court of the Republic of Indonesia Number 793 K/Ag/2018. In this writing, the research was conducted to determine the legal position of the plaintiff and defendant regarding the distribution of inheritance and to determine how the legal protection for the defendants regarding the ownership of inherited assets in the case of the distribution of inheritance assets in the Decision of the Supreme Court of the Republic of Indonesia Number 793 K/Ag/2018. The legal research method used in this research is normative legal research which is research that is conducted or aimed only at written regulations with a literature study method. which functions to describe or provide an overview of the object being studied. The data source used is secondary data with qualitative data analysis. The legal position of the Plaintiff Drs Sangkala Msi is the first class heir from his parents, namely Pamaling bin Tala and Debo binti naro, which is based on Article 174 paragraph (1) of the KHI is a son. The legal position of the Defendant Nurbaya binti Basang and Ahmad bin Jumasang is a substitute heir. Article 185 of the KHI states that the heirs who die rather than the testator's position can be replaced by their children. The legal position of the plaintiff and defendant is regulated in Article 171 of the KHI which regulates that the heirs are blood relatives or marital relations with the testator, are Muslim and are not prevented by law from becoming heirs.
Implementation of Marriage Rights Under the Universal Declaration of Human Rights in Indonesia Kennedy, Alexander
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.12895

Abstract

This research examines the compatibility of Indonesia’s marriage laws with the Universal Declaration of Human Rights (UDHR), emphasizing issues of equality, freedom, and non-discrimination. Article 16 of the UDHR guarantees the universal right to marry based on free and full consent, without discrimination. However, Indonesia’s legal framework, particularly the 1974 Marriage Law, reflects the nation's dualist legal approach and its emphasis on particularity, whereby international human rights norms are selectively integrated into domestic law based on cultural and religious contexts. These restrictions include barriers to interfaith marriages, exclusion of non-religious individuals, and gender inequalities perpetuated by provisions such as polygamy. While the law preserves Indonesia’s cultural and religious diversity, it often conflicts with international human rights standards, highlighting tensions between universal norms and local practices. The study employs a juridical normative approach, analyzing legal instruments, court decisions, and international treaties to evaluate Indonesia's partial alignment with UDHR principles. Findings reveal systemic gaps, including discriminatory legal barriers for interfaith couples and women, inconsistent application of administrative provisions for marriage registration, and cultural practices like child marriages that undermine equality and autonomy. The research underscores the need for comprehensive reforms to harmonize Indonesia’s marriage laws with UDHR standards.
Analysis of Sale and Purchase Deed Made before Land Deed Making Officials in Gianyar Regency Ni Putu Tryana Tresna Dewi; Ni Made Jaya Senastri; I Nyoman Alit Puspadma
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.12995

Abstract

In order to comply with the principle of freedom of contract, this study examines the content of sale and purchase deeds made before Land Deed Making Officials in Gianyar Regency as well as their form in relation to Article 1868 of the Civil Code. According to this study's findings, the sale and purchase agreement executed in front of Gianyar Regency's Land Deed Making Officer, in accordance with Article 1868 of the Civil Code, is a legitimate document. Although the form and content of the act are regulated by this Ministerial Regulation, its annexes may restrict flexibility and run the danger of breaching the law if the parties' agreement is not accommodated.
Antitrust Law Analysis on the Abuse of Dominant Position in Franchise Agreements in Indonesia Kennedy, Alexander; Astea Novtalia Liuman; Natallia Lai; Stefanie Claudia Abdi Muljo
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13464

Abstract

This study examines the abuse of dominant positions in franchise agreements in Indonesia, highlighting power imbalances between franchisors and franchisees and their impact on market fairness, competition, and franchisee autonomy. Employing a normative juridical methodology, the research analyzes legal frameworks, including Law No. 5 of 1999 on Monopolistic Practices, complemented by comparative studies of international practices. The findings reveal gaps in Indonesia's regulations, enforcement challenges, and significant power asymmetries in franchising, underscoring the need for a dedicated regulatory framework, enhanced institutional capacity, and stakeholder engagement. Recommendations include adopting a Franchise Disclosure Document, dispute resolution mechanisms, and fostering local franchise growth.

Page 10 of 18 | Total Record : 180

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