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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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Criminal Liability of Perpetrators of Extortion Crimes Using Escort and Security Services as a Mode for Container Trailer Truck Transport Fleets (Study of Decision No. 952/PID.B/2021/PN.JKT.UTR) Johansen E.H.Hasugian; Martono Anggusti; 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.v4i1.13864

Abstract

The phenomenon of crime occurs every day and is experienced by Indonesian society, such as mugging, armed robbery, theft, robbery, assault, rape, murder, and youth brawls, which are known as street crimes. One of the cases that often occurs is extortion. The crime of extortion can occur anywhere and anytime, harming the victim and society. Therefore, extortion perpetrators are given severe sentences to provide a deterrent effect. Extortion is an act that aims to benefit oneself by using violence or threats so that the victim gives something. This crime violates legal norms and has a detrimental impact on the victim, so it requires legal resolution. This study uses a normative legal method with a statute approach, a fact approach, and a case approach. Based on Decision No. 952/Pid.B/2021/PN Jkt.Utr, the judge determined extortion as a crime that meets the objective and subjective elements in Article 368 of the Criminal Code. Further analysis is needed to understand the judge's considerations and the application of the principle of justice in the decision.
Legal Analysis of the Legal Force of Mediation Results as a Dispute Resolution Method in Business Contracts (Based on Law Number 30 of 1999 Concerning Alternative Dispute Resolution) Glora Meliana Sitohang; Jinner Sidauruk; Sovia 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.v4i1.13878

Abstract

Based on Larw Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, this study examines the legality of mediation outcomes as a dispute resolution procedure in business contracts. Mediation is one alternative dispute resolution technique. By using a mediator as an impartial third party, the two parties to the dispute hope to come to a peaceful resolution. In commercial negotiations, mediation offers benefits since it saves time and money while preserving positive relationships between the parties. This study combines a qualitative analytical method of statutory regulations, legal documents, and related literature with a normative juridical approach. According to the research findings, if the mediation judgment specified in the agreement satisfies specific requirements outlined in Law Number 30 of 1999, it has bonding legal force for both parties. In addition to being signed by the mediator and the parties, the mediation agreement may be presented to a court for approval, or homologation, which grants it executory powers. In addition, this study found a number of elements that affect how well mediation works to settle disputes involving commercial contracts, such as the mediator's skill and reputation, the transparency of the mediation process, and the parties' openness in sharing information and communicating with one another. The analysis's findings led to the conclusion that mediation, when used to settle conflicts in commercial contracts, has a great deal of potential to be an effective and efficient solution, with adequate legal force in accordance with applicable regulations.
Legal Responsibility of Companies in Implementing Corporate Social Responsibility (CSR) in Indonesia Lestari Siahaan; Hisar Siregar; 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.v4i1.13892

Abstract

Corporate Social Responsibility (CSR) in Indonesia began to develop in the 2000s, along with increasing global awareness of social and environmental issues. The culmination of this development occurred in Indonesia in 2007 with the passing of Law Number 40 on Limited Liability Companies, which requires companies, especially in the natural resource sector, to carry out social and environmental responsibilities. Since then, various regulations and policies have been issued to strengthen CSR obligations, including Law Number 25 of 2007 on Capital Investment and Law Number 32 of 2009 on Environmental Protection and Management. Nonetheless, the implementation of CSR in Indonesia still faces challenges, including violations committed by several companies in Indonesia. This research aims to explore the legal responsibilities of companies in implementing CSR in Indonesia as well as sanctions that can be imposed if companies do not fulfill their obligations. The research method used is normative with qualitative analysis that refers to various laws and regulations and related literature. This research emphasizes the importance of the company's role in sustainable economic development and is oriented towards the welfare of society.
Legal Responsibility of Skincare Companies for Overclaim-Based Marketing Strategies (Misleading Benefits) Pitra Regina Sipahutar; Roida Nababan; Sovia F. T 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.v4i1.13936

Abstract

Overclaim (misleading benefits) often occurs through excessive claims regarding product benefits that are not supported by adequate scientific evidence, thus misleading consumers and creating unfair business competition. Based on Law Number 8 of 1999 concerning Consumer Protection and BPOM regulations, companies can be held accountable based on the principles of strict liability and product liability, which require business actors to provide compensation. In this study, the author will discuss the legal responsibility of skincare companies for the practice of overclaim (misleading benefits) in marketing their products and the legal efforts that can be taken by consumers who are harmed. By using normative legal methods and qualitative approaches, the results of the study show that companies can be held accountable based on the principles of strict liability and product liability in accordance with the Consumer Protection Law (UUPK) and BPOM regulations. Consumers who experience losses can seek dispute resolution through non-litigation channels (mediation, arbitration, or the Consumer Dispute Resolution Agency) or litigation (court). Overclaim, Skincare, Legal Responsibility, Consumer Protection
Cancellation of Deed of Sale and Purchase of Land Rights Because the Object of the Agreement Does Not Match the Agreed Agreement Mega Sari Purba; Roida Nababan; 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.v4i1.13937

Abstract

Land is an important object in human life that can be transferred by means of sale and purchase, which transfer is stated in the Deed of Sale and Purchase (AJB). In this study, the author focuses on the Cancellation of the Deed of Sale and Purchase of Land Rights Because the Object of the Agreement Does Not Match the Agreed Agreement, as a discussion of the research, the author raises the formulation of the problem that will be studied by the Author is to analyze How are the legal consequences of the cancellation of the deed of sale and purchase of land rights and the factors causing the cancellation of the sale and purchase agreement of land rights according to Permen ATR / BPN No. 24 of 1997 Article 37 Concerning the transfer of land rights. The research method used is normative legal research with descriptive analytical data analysis and using data collection tools, namely secondary and primary data. Based on the results of the study, it can be concluded that there are several factors for the cancellation of a land sale and purchase agreement because the object of the agreement does not match the agreed agreement, one of which is because it is canceled due to the failure to fulfill the requirements stipulated by law, the type of formal agreement which results in the agreement being canceled by law and the legal consequences of the cancellation of the sale and purchase agreement, namely all conditions must be returned to their original state when there was no legal act.
PT Gojek's Responsibility Towards Gocar Drivers Who Experience Work Accidents Based on Law Number 24 of 2011 Concerning the Employment Social Security Administration Agency Peter Joshua Lumban Raja; Besty Habeahan; 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.v4i1.13938

Abstract

The Social Security Organizing Body for Employment is a public program that provides protection for workers to address certain socio-economic risks, and its implementation uses a social insurance mechanism. The purpose of this research is to understand the responsibility of PT Gojek towards Gocar drivers who experience work-related accidents based on Law Number 24 of 2011 concerning the Social Security Organizing Body for Employment. Furthermore, this study aims to examine the mechanism used to file a BPJS Ketenagakerjaan (Social Security for Employment) claim for Gocar drivers who experience work accidents. The research method used in this study is juridical-normative legal research. The data collection method applied in this study involves library research, which includes gathering data from available legal materials in legal literature, regulations, legal journals, books, articles, scholarly opinions, legal cases, jurisprudence, dictionaries, bibliographies, theses, and other materials relevant to the research problem, within the scope of monodisciplinary research. The responsibility of PT Gojek towards Gocar drivers who experience work-related accidents is closely linked to the partnership relationship between Gojek and its drivers, which is not considered an employment relationship due to the absence of the elements of wages and orders.
Looking to the Future of Bali Tourism: Strategy for Sustainable Governance Transformation in Law No. 15 of 2023 A.A Bagus Adhi Mahendra Putra; I Made Subawa; Putu Gede Arya Sumerta Yasa; Desak Putu Dewi Kasih
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.v4i1.13971

Abstract

Bali's tourism plays a crucial role in Indonesia's economy but has negative environmental and socio-cultural impacts due to rapid growth. Law No. 15 of 2023 marks a significant step toward sustainable tourism governance by regulating natural, cultural, and social resource management. This study uses a qualitative descriptive approach, with literature reviews and interviews with policymakers, industry players, and local communities, to explore the strategy for transforming Bali's tourism governance under this law. Results show that the law strengthens community participation and conservation, yet challenges remain in implementation and the need for better collaboration among stakeholders. The study highlights the importance of consistent regulation and collaboration in achieving sustainable tourism in Bali.
Juridical Analysis and Implementation of Perma 1/2020 in Corruption Crimes : Perma No. 1 of 2020 as an Instrument for Strengthening Judicial Accountability and Restoring Public Sense of Justice Syarifudin, Urif; Rahmaddani, Imam; Azis, Hasnah
Journal of Legal and Cultural Analytics Vol. 4 No. 2 (2025): May 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i2.14074

Abstract

The 1945 Constitution mandates the state to ensure justice and public welfare, encompassing moral values, social ethics, and humanitarian considerations. Public perception of justice, especially in corruption cases, is crucial, as lenient verdicts can erode public trust. President Prabowo emphasized that light sentences for corruptors harm the public’s sense of justice. The rising number of corruption cases has led to a 34-point decline in Indonesia’s Corruption Perceptions Index (CPI) from 2022 to 2023, classifying Indonesia as a “corruption-prone” country. This study analyzes sentencing provisions in Perma No. 1/2020 from a justice perspective, evaluates its implementation, and provides recommendations for fair sentencing. A mixed-method approach (qualitative-quantitative) is used, including correlation tests with SPSS. The results show a significant correlation between state losses and sentence severity in Perma 1/2020. However, its implementation remains weak, with inconsistent judicial rulings leading to sentencing disparities. This study recommends strengthening the implementation of Perma No. 1/2020 to ensure consistency, transparency, and fairness in corruption sentencing and to restore public trust in justice.
Forensic Psychology to Speed Up Recovery of Rape Victims Patisina, Patisina; Lubis, Suaidah
Journal of Legal and Cultural Analytics Vol. 4 No. 2 (2025): May 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i2.14076

Abstract

This study investigates the psychological recovery of rape victims in Indonesia, emphasizing the critical role of forensic psychologists in facilitating healing. Utilizing qualitative and juridical normative methodologies, data were collected through interviews with five key informants, including professionals from the Indonesian Forensic Psychology Association and law enforcement. The findings reveal that victims often experience PTSD, anxiety, and depression, necessitating tailored therapeutic interventions such as Neuro-Linguistic Programming, hypnotherapy, and play therapy. Results indicate that comprehensive support systems, including legal protection and community awareness, are essential for effective recovery. This research contributes to understanding the multifaceted needs of rape victims and underscores the importance of professional psychological assistance in their healing journey.
The Position of Heirs Born to Parents of Different Religions According to Balinese Customary Law Kusumantara, I Komang Arya; Wesna, Putu Ayu Sriasih; Utama, I Wayan Kartika Jaya
Journal of Legal and Cultural Analytics Vol. 4 No. 2 (2025): May 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i2.14106

Abstract

This study analyzes the inheritance rights of children from interfaith marriages under Balinese customary law. It was found that children who followed the mother's religion only inherited from the mother's side, not from the father's side. This is supported by the decision of the Denpasar District Court Number 483/Pdt.G/2020/PN Dps, which states that non-Hindu children cannot inherit from their Hindu father's family. This study concludes that religious changes during marriage affect children's inheritance rights in Balinese customary law.

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