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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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Constitutional Disobedience Be the Reason for the Impeachment of the President and/or Vice President During the Term of Office H. Muhamad Rezky Pahlawan MP; O. Djunaedi; Atma Suganda
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.v4i1.13518

Abstract

The dismissal of the President and/or Vice President is a legislative authority involving the DPR, MPR, and the Constitutional Court (MK) to address constitutional or legal violations. This study examines constitutional defiance by the President/Vice President and the reconstruction of the ideal mechanism for their dismissal. With a normative legal approach, this study concludes that reporting violations can be done by citizens or organizations because sovereignty lies in the hands of the people. Reconstruction of the ideal mechanism is suggested through national legal reform based on Pancasila values, including the preparation of special procedural law for the dismissal of the President/Vice President that is adjusted to the amendments to the 1945 Constitution.
Non-Compete Clauses in Contracts and Antitrust Law in Indonesia Kennedy, Alexander; Mustika, Syilfia Regita; Surya, William Hartato
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.v4i1.13551

Abstract

This study examines non-compete clauses (NCCs) in franchise agreements within Indonesia’s legal framework, focusing on their alignment with antitrust laws and implications for market competition and entrepreneurship. By analyzing statutory provisions, judicial precedents, and doctrinal interpretations, this normative juridical research evaluates the proportionality and enforceability of NCCs under Indonesian contract and labor law. The study highlights the restrictive nature of NCCs, their potential to hinder economic mobility, and the challenges posed by the lack of regulatory clarity. Findings reveal that while NCCs safeguard franchisors’ interests, overly broad clauses risk violating constitutional principles. The research underscores the need for clear regulatory guidelines to balance contractual autonomy, fair market practices, and labor mobility, promoting innovation and sustainable growth.
Legal Review of Small and Medium Enterprises Who Choose Not to Scale Up Their Business Canryfay Elisabet Lumban Gaol; Martono Anggusti; Meli Hertati Gultom
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.v4i1.13652

Abstract

This study aims to analyze the role of law for Micro, Small, and Medium Enterprises (MSMEs) in Indonesia who choose not to scale up their businesses. This phenomenon is an important issue because this decision can have various consequences for MSMEs, including limited opportunities for expansion and competitiveness in an increasingly competitive market. Business scale-up itself is a strategy for developing small businesses so that they can grow larger in work capacity and competitiveness. The reluctance of MSMEs to increase their business scale is influenced by several factors, such as understanding the law, applicable regulations, and challenges in development related to the economic potential and contribution of MSMEs to national GDP. The research method uses a normative legal approach through literature studies and case approaches. The results of the study show that although MSMEs play an important role in supporting the Indonesian economy, many business actors feel comfortable with the current conditions and are reluctant to take risks to develop. Factors of apathy, limited human resources, and lack of technology adoption are the main obstacles to increasing business scale. The government has made various efforts, including through Law Number 20 of 2008 and Law Number 6 of 2023, to support the development of MSMEs. However, the implementation of these policies still faces challenges in the effectiveness of implementation at the regional and national levels. This study recommends strengthening synergies between the government, business actors, and the private sector in an effort to increase the competitiveness of MSMEs in a sustainable manner.
Analysis of Legal Protection for Employees Who Do Not Have a Fixed-Term Employment Contract (Decision Number 687 K/Pdt.Sus-PHI/2016) Ekel Tuahta Ginting; Haposan Siallagan; Besty Habeahan
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.v4i1.13692

Abstract

According to Law No. 13 of 2003 on Manpower, fixed-term employment agreements (PKWT) are not applicable in employment relationships. Employers have ignored the highest time limit allowed by Law Number 13 of 2013 on Manpower regarding the working period of fixed-term contracts. In addition, they still have not fulfilled the rights of time workers such as wages, working hours, and labor social security. This violates the human rights of workers, who as Indonesian citizens are protected by the Indonesian Labor Law. One of the obstacles in the implementation of PKWT according to Law No. 13/2003 lies in two factors. First, the rules governing the implementation of non-permanent contracts are not in line with employment needs. Employers cannot recruit employees for something that is not necessary for the continuity of business operations. Most of the types of work required are fixed and belong to the core work of the production process. Thus, in this case, Article 59 of the Labor Law has been violated, as the work prohibited by the statutory provisions on PKWT
Influencer Responsibilities in Disseminating Product Information: Consumer Protection Perspective in Indonesia Nila Muhedina Simarmata; Debora; Lesson Sihotang
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.v4i1.13745

Abstract

In the digital era, social media has become a primary platform for product marketing, with influencers playing a crucial role in promoting goods and services. However, influencers often promote products that are not registered with the Indonesian Food and Drug Supervisory Agency (BPOM), potentially harming consumers. This study aims to analyze the responsibilities of influencers in promoting unregistered products and the mechanisms of consumer protection available in Indonesia. This research employs a normative legal method by analyzing statutory regulations, including Law Number 8 of 1999 on Consumer Protection and various BPOM regulations. The findings indicate that influencers can be held legally accountable for promoting illegal products, either due to negligence or intentional actions. Furthermore, consumer protection mechanisms are available through BPOM's supervision, sanctions against violators, and legal dispute resolution channels, both in and out of court. Strict law enforcement and comprehensive education are expected to foster a more responsible and safer marketing environment for consumers in the digital era.
Legal Protection of UMKM in Digital Marketing Based on Law No 20 Of 2008 and Law No 8 of 1999 Jordy William Hutagalung; Martono Anggusti; 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.v4i1.13775

Abstract

The development of information and communication technology (ICT) has had a major impact in various fields, including in the business sector. One of the main influences is the shift towards a digital world that affects various sectors, including Micro, Small, and Medium Enterprises (MSMEs), in managing their markets through digitization. This digitalization process has made it easier for MSMEs to grow, develop, and market their products to international consumers.  MSMEs play a very important role in the Indonesian economy, contributing greatly to gross domestic product (GDP), job creation, and income generation. Various digital platforms, such as social media, e-commerce, and websites, allow MSMEs to reach consumers around the world. However, this digital transformation also brings challenges for MSMEs, such as legal issues, data privacy, and potential misuse of information. Indonesian regulations, such as Law No. 20/2008 on Micro, Small, and Medium Enterprises (UMKM Law) and Law No. 8/1999 on Consumer Protection (Consumer Protection Law), emphasize the importance of the legal system for MSMEs in the face of digital developments. These laws provide guidelines for MSMEs to operate effectively in the ever-changing digital ecosystem.
Legal Protection for Consumers Who Suffer Losses Due to Purchased Goods Which Are Counterfeit Barcode Products According to Law Number 8 of 1999 Concerning Consumer Protection Devi Christina Octaviani Tamba; Janpatar Simamora; Meli Hertati Gultom
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.v4i1.13784

Abstract

Law No. 8 of 1999 on Consumer Protection (UUPK) regulates consumer protection in Indonesia. This study aims to analyze the legal protection provided to consumers who suffer losses from purchasing products with fake barcodes, which can confuse consumers regarding regulations related to E-commerce transactions. Online business operators are required to ensure the authenticity, quality, and safety of products. The primary focus of this research is how consumers who incur losses from purchasing products with fake barcodes are legally protected. According to the Consumer Protection Law (UUPK), consumers are entitled to receive goods that match the information promised by the business operator and are entitled to compensation for any loss incurred. Consumers may suffer both material and immaterial losses, such as damaged goods, financial loss, and health risks. Additionally, business operators involved in barcode forgery may face administrative and criminal sanctions. Therefore, the UUPK provides a firm legal foundation to protect consumers' rights in cases involving products with fake barcodes.
Legal Protection for Consumers Who Suffer Losses Due to Damage to Electronic Goods by Land Expeditions Bethsaidah Putri Sitorus; Budiman.N.P.D Sinaga; Sovia Febrina Tamaulina Simamora
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.v4i1.13797

Abstract

The legal responsibility of land shipping companies, such as Jalur Nugraha Ekakurir Limited Company, Citra Van Titipan Kilat Limited Company, and Indonesian Post Limited Company, for damage to electronic goods owned by consumers as well as the legal protection available to consumers who suffer losses are the main focus of this study. With the increase in e-commerce transactions, the role of expedition companies is increasingly important in ensuring the safety and integrity of the goods sent. Using a normative legal approach, this study analyzes the applicable norms and regulations, and identifies consumer rights based on Law Number 8 of 1999 on Consumer Protection. The results of the analysis show that expedition companies have an obligation to provide compensation for damages incurred during the delivery process, unless they can prove that the loss was caused by factors beyond their control. In addition, consumers have the right to resolve disputes through non-litigation and litigation channels. The resulting recommendations emphasize the need for increased awareness of expedition companies regarding their legal responsibilities and education for consumers about their rights in e-commerce transactions.
Law Enforcement Against Perpetrators of Child Exploitation Through Tiktok Social Media For Economic Gain Simare Mare, Chandra P; July Esther; Debora
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.v4i1.13817

Abstract

The issue of child exploitation on social media, particularly TikTok, is getting worse. Without considering the detrimental effects, children are exploited for selfish purposes. The purpose of this study is to learn about legal actions taken by law enforcement against those who exploit children and initiatives to shield kids from being exploited on social media in line with the Child Protection Law. Using a normative juridical approach and a qualitative methodology, legal document analysis and literature review are employed. The study's findings demonstrate that, in spite of numerous regulations, the community's inconsistent knowledge of the law, a lack of agency cooperation, and a lack of funding continue to impede compliance.
Legal Protection for Owners of Inherited Property in Marriage Agreements Based on Law No. 16 of 2019 About Marriage Lusia Nova Hutasoit; Roida Nababan; Meli Hertati Gultom
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.v4i1.13821

Abstract

This study aims to analyze the law of inherited property during marriage as well as to identify the type of legal protection provided to the owner of inherited property through a marriage agreement. This study uses a normative juridical approach that emphasizes analytical and legislative approaches. Data was collected through research on primary, secondary, and tertiary legal materials. The findings of the study show that the marriage agreement provides legal protection for the owner of the defalut in a repressive and preventive manner. Prevention of a marriage agreement can reduce the mixing of assets and protect the ownership of inherited property, and repressively a marriage agreement can provide legal certainty in handling the ownership of inherited property. This study concludes that the marriage agreement is an effective legal instrument to protect the rights of the owner of the property, as well as understand the importance of the marriage agreement as a legal protection in a preventive marriage.

Page 11 of 18 | Total Record : 180

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