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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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Analysis of Hugo Famous Trademark Dispute from the Perspective of Legal Protection in Indonesia Rusdinah, Rusdinah; Sitorus, Rolib
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.v4i2.14123

Abstract

Hugo, one of the trademarks under Hugo Boss, is often the target of violations in the form of registering trademarks that are essentially similar to the Directorate General of Intellectual Property Rights, which is considered unfair business competition, because it can harm the owner of the original trademark, mislead consumers, and damage the reputation of the brand that has been built. This study examines the analysis of the famous Hugo trademark dispute from the perspective of legal protection in Indonesia, which is the object of the dispute in decision Number 10 PK / Pdt.Sus-HKI / 2023.The focus of the research is an analysis of the legal basis underlying the protection of famous trademarks in Indonesia and a review of legal considerations by the panel of judges in the trial process in 3 (three) stages, namely the first decision, cassation, and judicial review. The research method used in this study is the normative legal research method by examining court decisions and laws and regulations as primary legal materials. Books, documents, journals, and scientific works as secondary legal materials. As well as official and trusted publications as tertiary legal materials. The analysis technique applied in this study is a qualitative method through literature studies. The results of the research and analysis obtained are that the Plaintiff as the owner of the HUGO BOSS brand is the first registrant and user of the HUGO BOSS brand and variations of HUGO and/or BOSS based on the first to file system, so that the Plaintiff is the legal owner of the HUGO BOSS brand and is also a well-known brand according to the evidence of its registration in various countries. The registration of the HUGO brand owned by the Defendant is considered to be in bad faith because its brand is essentially similar to the Plaintiff's brand.
The Effectiveness of the Working Area of the Land Deed Making Officer Based on Government Regulation Number 24 of 2016 in One Bali Province Yasaputri, Ni Putu Widari; 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.v4i2.14137

Abstract

This study examines the effectiveness of Government Regulation Number 24 of 2016 which expands the work area of PPAT from districts/cities to one province. The method uses empirical legal research by elaborating the theory of legal certainty, legal effectiveness, and legal authority. Data was obtained through observation and interviews in Badung and Bangli Regencies. The results show that the implementation has not been effective due to the absence of implementing regulations, thus causing legal uncertainty and potential conflicts of authority. This study recommends accelerating the preparation of technical regulations to support the effectiveness of land administration.
Public Compliance with the Ban on Busking in Banyumas Regency Based on Banyumas Regency Regional Regulation Number 14 of 2020 Concerning the Eradication of Community Diseases Sapernong, Firlyanta
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.v4i2.14238

Abstract

The Banyumas Regency Government issued Banyumas Regency Regional Regulation No. 14 of 2020 concerning Amendments to Banyumas Regency Regional Regulation No. 16 of 2015 concerning the Prevention of Social Diseases. This regulation was issued with the intention of preventing the spread of social diseases such as beggars, buskers, vagrants, and abandoned children.. So the author is interested in studying the role of Satpol PP in preventing the spread of buskers in the Banyumas area. buskers in the Banyumas area. This research is of the normative juridical type, descriptive in nature, the main data is secondary data supplemented by supporting data in the form of interviews with, qualitative data analysis, and how to draw conclusions with deductive logic. Research results Buskers tend to obey the rules when Satpol PP conducts raids which causes a decrease in the number of buskers. The opportunity to commit acts and the lack of firmness of Satpol PP as supervisors and enforcers of the regional regulation make people return to busking, in addition to the cultural factors of society in the form of giving money to buskers also affect the level of community compliance to busk.  
Registration of Intellectual Property Rights for Industrial Designs in the Rattan Industry Sector in Cirebon Regency Natasya, Allnur Rohimah; Mayaharti, Listia; Hikmatyara, Sintya; Hidayat, Dudung; Solichin, Solichin
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.v4i2.14364

Abstract

The rattan industry in Cirebon Regency routinely produces rattan designs every year, but legal protection for these designs is often ignored, especially regarding industrial design registration. The purpose of this study was to examine the legal awareness of industry players in registering their designs with the DJKI. This study uses a normative legal approach based on secondary and primary data to assess the legal awareness of industry players in registering designs with the Directorate General of Intellectual Property Rights. The results of the study show that the majority of industry players have not registered their industrial designs, while registration provides legal protection against imitation and increases product competitiveness through guarantees of design exclusivity for rights holders.
The Urgency of Legal Protection For Child Victims of Economic Exploitation by Parents in Cirebon Regency Saefulloh, Asep Aep; Juanda, Ferdy Adrian; Ramadhan, Galuh; Henda, Raden; Nurhaqi, Ari
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.v4i2.14365

Abstract

Economic exploitation of children by parents is a form of human rights violation that requires comprehensive legal protection. This study aims to assess the urgency of legal protection for child victims of economic exploitation in Cirebon Regency. Methods, Using a juridical-empirical approach. Various laws and regulations have guaranteed child protection, such as Law Number 35 of 2014 concerning child protection. However, the reality on the ground shows that there are still cases of child exploitation carried out by parents, especially in the Plered District. This finding was obtained from interviews with the Cirebon Regency social service and the direct perpetrators. The study's results show that even though regulations are in place, their implementation is still weak due to limited supervision and a lack of legal awareness among the public. Therefore, institutional strengthening and legal education are needed to prevent the economic exploitation of children more effectively.
The Legal Relevance of Labor Protection within the Framework of Positive Law in Indonesia Zahara, Naurah Al; Prayitno, Vito Rekso; Permana, Deni Yusup; Ghaffar , Zelfi
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.v4i2.14366

Abstract

Labor encompasses all individuals capable of performing work to generate commodities or services, fulfilling both personal and communal needs. Derived from the Equality Before the Law principle, which asserts that all individuals possess the right to equitable legal recognition, protection, assurance, and certainty, as well as uniform treatment under the law, this constitutes the foundation of legal equality. This study evaluates the efficacy of legal frameworks in safeguarding the rights of employees subjected to Termination of Employment (PHK) owing to extended illness, by scrutinizing the types of legal protections afforded to them. Methods. The employed methodology is doctrinal normative legal research, utilizing a legislative approach with pertinent case studies, regulatory examination, judicial rulings, and perspectives from legal scholars. Result. The study's results indicate that violations persist in practice, notwithstanding the provisions in Law Number 6 of 2023 about Job Creation that safeguard workers dismissed due to extended illness. This circumstance indicates that legal rules alone are insufficient. Consequently, the government must enhance ongoing oversight and elevate legal awareness among workers and employers to ensure adherence to established standards.
Legal Construction of the Fulfillment of Social Security Rights for Freelance Workers Harmono, Harmono; Gumilang , Iwan G; Sahila , Fatina Rizka; Khoerunnisa, Anis; Risfanda , Muhammad Ivan
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.v4i2.14371

Abstract

The increasing number of freelancers in Indonesia, particularly among Millennials and Generation Z, reflects a shift in employment trends toward more flexible work arrangements. However, these workers, mostly part of the informal labor sector, often do not receive adequate legal protection, especially regarding social security and labor rights. Despite their significant contributions to the digital economy and various industries, freelancers still face legal uncertainty due to the absence of specific regulations that obligate employers to fulfill their responsibilities. This study examines the legal framework governing freelancers' rights in Indonesia, focusing on Law No. 24 of 2011 concerning the Social Security Administrative Body (BPJS) and Government Regulation No. 35 of 2021. Methods, Using a normative juridical research method, this study analyzes laws, legal principles, and the effectiveness of sanctions imposed on employers who neglect their obligations.  The results reveal that existing laws do not explicitly include freelancers in the category of workers entitled to social security, and the administrative sanctions are insufficient to ensure compliance. The study recommends revising the legal framework to regulate freelancers' rights explicitly and impose stricter penalties on non-compliant employers. Implementation. Such changes are essential to ensure legal certainty, justice, and social protection in Indonesia's evolving labor market.
Critical Study of PP No. 56 of 2021 Concerning Royalty Payments for Live Performances of Singers Who Reperform Songs from Other Musicians at Cafes in Cirebon Regency Muzakki, Muhammad Naufal Hammam; Pratama , Adhitya Yudha; Krisnandar , Iis; Solichin , Solichin
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.v4i2.14374

Abstract

This study examines the implementation of Government Regulation Number 56 of 2021 concerning the Management of Song and/or Music Copyright Royalties, especially in live performances by cover singers in Cirebon Regency cafes. This study is based on the increasing use of music in commercial activities in public spaces that require the payment of royalties to copyright holders. Methods, The normative juridical method analyzes legal regulations and field data from interviews with related agencies, business actors, singers, local musicians, and LMKs such as WAMI. The results show that implementing this regulation is not optimal due to the lack of understanding of business actors, the absence of derivative rules in the regions, and the lack of socialization from the government and LMKN. Many cafes do not consider music performances commercial activities requiring royalties. Meanwhile, local musicians tend to be permissive towards the use of their songs. This study recommends collaboration between local governments, LMKN, and business actors to develop technical rules, expand socialization, and establish appropriate tariff schemes so that copyright protection runs fairly without burdening small business actors.
Legal Protection for Micro, Small, and Medium Enterprises in the Context of Licensing Legality Annisa, Jihan; Hanif , Devani Mauriza; Artasena , Iqbal; Sutrisno , Endang; Gunawan , Moh Sigit
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.v4i2.14403

Abstract

MSMEs play an essential role in the national economy and the regional economy. Legal protection needs to be provided to MSMEs, but MSME actors do not realize or do not understand the importance of licensing as the main requirement for capital and business development. This study aims to determine the extent of legal protection of MSMEs in Kuningan Regency, which is engaged in the culinary industry, because many MSME actors do not understand the importance of business legality. This study uses qualitative methods and normative juridical approaches. It uses laws such as Government Regulation Number 5 of 2021 concerning the Implementation of Risk-Based Licensing, Kuningan Regency Regional Regulation Number 3 of 2024 concerning the Facilitation, Protection, and Empowerment of Cooperatives and Micro Enterprises, and Kuningan Regent Regulation Number 20 of 2008 concerning Micro, Small, and Medium Enterprises. The study's results show that although the local government has provided various facilities, such as assistance in registering Business Identification Numbers (NIB) and training for micro, small, and medium enterprises (MSMEs), there are still many problems. This study emphasizes that local governments must increase socialization and mentoring so that MSMEs in Kuningan Regency can develop into legal, independent, and competitive businesses.
Juridical Study for the Management of the Conservation Area of Mount Ciremai National Park (Juridical Study in the Context of Water Resources Conservation) Parihah, Vera Siti; Nurhalizah , Maulidah; Erika , Eryu; Sutrisno , Endang; Harliyanto , Rois
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.v4i2.14404

Abstract

The management policy of the conservation area of Gunung Ciremai National Park (TNGC) is based on a balance between ecosystem conservation and sustainable use of water resources. Method, The prescriptive legal study uses normative and empirical legal research methods, analytical descriptive specifications, and qualitative approaches. TNGC has a strategic role as a water resource provider for the region through regional regulations regulating water resources conservation in the Kuningan Regency Regional Regulation Number 13 of 2007. Still, this area faces ecological pressure due to forest encroachment, land conversion, and uncontrolled water exploitation. Implementing regulations governing the conservation and management of the area still faces obstacles, such as weak law enforcement, overlapping authority, and a lack of community participation. Conservation efforts are needed to strengthen multi-stakeholder collaborative legal instruments and participatory approaches involving local communities. This study emphasizes the importance of synchronizing national and regional regulations and ecosystem-based management to ensure water resources' sustainability for the community's welfare and the environmental sustainability of TNGC.

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