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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 Analysis of Unlawful Acts in Corruption Crimes (Study of Decision Number 44/PID.SUS-TPK/2024/PN MDN) Willem Cahyadi Halawa; Janpatar Simamora; Herlina Manullang
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.v4i1.13833

Abstract

Legal accountability in corruption crimes is a legal consequence or liability that must be borne by the perpetrators of corruption crimes due to the losses they have caused. In the context of Indonesian law, corruption crimes are clearly regulated in Law Number 31 of 1999 concerning Corruption Crimes as amended by Law Number 20 of 2001 on the Eradication of Corruption Crimes (UU PTPK). In this writing, the author focuses on the forms of criminal liability in corruption crimes and acts against the law within corruption crimes, particularly in the case study of decision number 44/Pid.Sus-TPK/2024/PN Mdn. This study emphasizes a normative legal research method with a descriptive approach, where the research results aim to further examine the judicial considerations in deciding a case, particularly corruption cases.
Legal Protection for Buyers Who Suffer Harms in Buying and Selling Transactions on Social Media (From a Civil Law Perspective) Immanuel Lamhot Sitanggang; Jinner Sidauruk; 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.v4i1.13834

Abstract

The development of digital technology has increased buying and selling transactions through social media; however, it has also raised various risks for buyers, such as products that do not match the description, defective goods, and fraud. This study aims to analyze the legal protection for disadvantaged buyers and the legal remedies available in social media transactions from a civil law perspective. The research method used is normative legal research with a statutory approach and qualitative juridical analysis of applicable regulations. The results show that legal protection for disadvantaged buyers is regulated under various laws, including the Civil Code (KUHPerdata), the Consumer Protection Law (UUPK), and the Information and Electronic Transactions Law (UU ITE). This legal protection includes preventive measures, such as regulations governing rights and obligations in electronic transactions, as well as repressive measures, such as dispute resolution mechanisms for affected buyers. Legal remedies available to buyers include litigation through the court system and non-litigation approaches such as negotiation, mediation, and arbitration. With clear legal protection and stricter supervision by the government and social media platforms, online buying and selling transactions are expected to be safer, more transparent, and provide legal certainty for all parties involved.
Implementation of the Rights of Correctional Inmates According to Law Number 22 of 2022 Concerning Corrections Harry Julius Pratama Manalu; Herlina Manullang; Jusnizar Sinaga
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.v4i1.13835

Abstract

This research analyzes the implementation of the rights of correctional inmates based on Law Number 22 of 2022 concerning Corrections, which emphasizes a humanist approach in the correctional system. This law emphasizes that inmates still have basic rights, such as education, health, family visits, and mental and social training. Using normative-empirical research methods, this research examines the implementation of these regulations at the Medan Class I Penitentiary. The research results show that although these rights have been regulated in statutory regulations, their implementation still faces various obstacles, such as the limited number of correctional officers, overcapacity conditions, and a lack of facilities and health personnel. These obstacles hinder the optimization of the community system in achieving the goal of social reintegration for inmates. Therefore, strategic steps are needed from related parties to increase the effectiveness of providing the rights of inmates in order to achieve more optimal community goals.
The Surabaya District Court judge's Ruling in Gregorius Ronald Tannur's Trial Resulted in His Acquittal of the Murder Charge Pasaribu, Roy Ronaldo M.; Esther, July; Sidauruk, Jinner
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.v4i1.13846

Abstract

This study examines Gregorius Ronald Tannur's acquittal in a murder case (verdict number 454/Pid.B/2024/PN Sby) and whether it complies with Indonesian legal certainty and justice criteria. Examining the judge's use of legal reasoning in the ruling critically is the aim of this study. Using a normative legal research approach, this study looks at secondary sources in addition to fundamental legal texts like court decisions and the Criminal Code. The findings demonstrate that the judge's decision ignored crucial evidence, such as the visum et repertum detailing the victim's injuries and CCTV footage implicating the defendant. The judge's assertion that the defendant was innocent and had made an effort to help the victim did not align with the evidence that was given throughout the trial. The integrity of the legal system and the possible impact of outside influences on court rulings are seriously called into question by this disparity.Reforming court procedures and enforcing stronger sanctions against judge corruption are crucial for regaining public trust and guaranteeing just and equitable outcomes within the legal system.
Analysis of Criminalization of Children Who Commit the Crime of Narcotics Trafficking Dwi Mika Elencia Sirait; Janpatar Simamora; Jinner Sidauruk
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.v4i1.13857

Abstract

This consider analyzes the criminalization of children who commit the wrongdoing of opiates trafficking, as committed by children could be a genuine issue that requires extraordinary taking care of since children are the nation's era. The reason of this think about is to discover out the application of the criminal law for opiates trafficking wrongdoings committed by children and to know lawful cures in diminishing opiates trafficking wrongdoings committed by children. The inquire about strategy employments standardizing juridical with a administrative approach and a case approach. This think about concludes that the treatment of children is distinctive from grown-ups and there are legitimate measures that can be taken to decrease opiates wrongdoings committed by children.
Legal Protection for Gojek Drivers Who Experience Work Accidents Based on Law Number 24 of 2011 Concerning the Social Security Administration Agency Teresa Akgriana Putri Manihuruk; Besty Habeaan; 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.v4i1.13858

Abstract

Gojek drivers who experience work accidents, based on Law Number 24 of 2011 concerning the Social Security Administering Body (BPJS). As workers who work in the online transportation sector, Gojek drivers often face the risk of work accidents that are not covered by the conventional social security system. This context , examine how workers are protected in relation to the BPJS program when workers experience work accidents and find out the legal consequences for workers who experience accidents while working. This research examines the protection mechanisms regulated by BPJS employment. So the results of this research show that regulations regarding workers who experience accidents while carrying out work have been regulated in the Employment Law.
Legal Responsibility of Hospitals for Doctors' Misdiagnosis of Patient's Disease Based on Law No. 17 of 2023 concerning Health Feni Rose Purba; Roida Nababan; 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.v4i1.13859

Abstract

A doctor's misdiagnosis can cause harm to the patient. Hospitals as health service institutions have legal responsibility for doctors' misdiagnoses. This study aims to analyze the legal responsibility of hospitals for doctors' misdiagnoses of patient illnesses based on Law no. 17 of 2023, analyzes patients' legal efforts against misdiagnosis from a juridical and practical perspective. The research results show that patients can take legal action through administrative, civil and criminal channels. And research shows that hospitals have legal responsibilities for doctors' misdiagnoses, including compensation and restoring the patient's health. Article 193 of Law Number 17 of 2023 concerning health provides a strong legal basis for enforcing hospitals' legal responsibility for doctors' misdiagnoses.
Legal Protection Against Under Cover Buys in Exposing Narcotics Trafficking Jekson Kipli Lumban Toruan; Herlina Manullang; Jinner Sidauruk
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.v4i1.13861

Abstract

The phenomenon of narcotics circulation that is increasing today requires a special investigative approach, one of which is the application of under cover buy. However, the implementation of under cover buys presents a high risk for the National Police who carry it out, so comprehensive legal protection is needed. This study aims to analyze the form of legal protection provided to the National Police that acts as an under cover buy, its implementation mechanism, and the obstacles faced in providing such protection. This study uses an empirical juridical research method with a normative juridical approach. Data collection was carried out through interviews with the Medan Police Drug Investigation Unit, field observations.
Principles of Implementation of Transfer of Undertaking Protection of Employment (Tupe) as a Form of Legal Protection for Outsourcing Workers Iona Febrina Simanjuntak; July Esther; 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.v4i1.13862

Abstract

The Transfer of Undertaking Protection of Employment (TUPE) principle gives birth to a new legal norm that guarantees legal protection for the rights of outsourced workers. This protection is especially applicable when a job continues even though there is a change of company that carries out part of the work from another company or a labor provider company. This study uses a normative legal method, namely an approach that focuses on literature review by examining regulations and literature relevant to the problems being studied. In an effort to adjust the concept of outsourcing in accordance with the provisions of Government Regulation Number 35 of 2021, Law Number 6 of 2023 which stipulates the Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into law reaffirms the principle of protection for workers in the outsourcing scheme. With this principle, workers get legal certainty, so that they do not lose their jobs or the rights they have previously obtained. In addition, TUPE also contributes to increasing the sense of security and stability in employment relationships.
Juridical Analysis of the Enactment of a Minimum Limit of 30% Representation of Female Legislative Candidates in Article 8 (2) of KPU Regulation Number 10 of 2023 in the Perspective of the Election Law Adira Sitanggang; Haposan Siallagan; Januari 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.v4i1.13863

Abstract

This research analyzes the compatibility of Article 8 paragraph (2) of KPU Regulation No. 10 of 2023 with Election Law No. 7 of 2017 regarding women's representation in Indonesian politics. PKPU Article 8 paragraph (2) of KPU Regulation No. 10 of 2023 regulates the calculation method that applies rounding down for numbers below 50, potentially reducing the number of elected female legislative candidates and this research also identifies the challenges and obstacles faced in implementing the 30% quota for women's representation, including the lack of sanctions for political parties that do not meet the quota. This research uses the Library Research method to analyze the compatibility between the provisions in Article 8 paragraph 2 of PKPU No. 10 of 2023 with the principles stipulated in Election Law No. 7 of 2017 related to women's representation as well as the challenges and obstacles faced in the implementation of the quota of women's representation in the legislature after the enactment of PKPU No. 10 of 2023.

Page 12 of 18 | Total Record : 180

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