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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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A Review of the Concept of People's Housing Savings Reviewed from the General Principles of Good Governance Vega, Ammelya; Agustin , Fadilah; Farid , Mochamad; Permana , Deni Yusup; Daulay , Annisa A.
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.v4i2.14413

Abstract

Tapera was established to help the people. However, workers consider the 3% funding cut to be detrimental. This can answer the question of how the idea of public housing savings is seen from the principles of good governance. This research aims to increase knowledge about the concept of public housing savings by looking at the general principles of good governance. Doctrinal law research is carried out using a legislative approach. This tapera program is considered non-transparent because it uses unclear terms to explain how funds are used. Workers felt disadvantaged by the deduction of tapera funds, so they filed a material appeal to the constitutional court. The Tapera program was then evaluated because the concept was similar to the three million houses program.
Legal Responsibility of Business Actors to Consumers in Subsidized Houses Related to the Quality of Livable Houses Aryandi, Laskar Surya; Pratama , Ferdi Ardiansyah; Athallah , Dafi Najmi; Hidayat , Dudung; Handiriono , Raden
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.v4i2.14414

Abstract

Housing is one of the basic needs that every individual in society must meet. To create equitable access to decent housing, the government has launched a housing subsidy program aimed at low-income communities. Although this program has a positive purpose, in practice, there are still various problems, especially related to violations of legal standards in the agreement to sell subsidized houses. One of the crucial issues that arises is related to the quality of houses that do not meet the livable criteria and the lack of legal protection for consumers or subsidized housing buyers. The main purpose of this study is to analyze the legal responsibilities of business owners in the agreement to sell subsidized houses in order to identify violations of legal norms that occur in the transaction. This study uses normative juridical data, such as legal regulations, books, scientific journals, and other relevant topics related to research. The results of this study show that the Consumer Protection Law Number 8 of 1999 provides legal protection to consumers for the actions of business owners in selling houses by affirming the responsibility of business owners to ensure legal certainty over consumer rights in providing a decent home. Following the specific agreements conveyed, fairness and balance in the relationship between business and consumers, especially in implementing the sales and marketing of fair, efficient, and cheap goods and services, should be realized through consumer protection laws or legal channels if consumer rights are violated.
Enforcement of Legal Sanctions Against Environmental Pollution Violations Caused by Natural Stone Business Waste in Cirebon Regency Susanti, Susanti; Rizkha, Ikrima Istiqomah; Sa'diyah, Ghina; Harmono , Harmono; Permana , Deni Yusup
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.v4i2.14425

Abstract

Developing the industrial and mining sectors, especially the natural stone business in Cirebon Regency, contributes significantly to regional economic growth. However, this activity poses serious problems related to environmental pollution due to the waste produced, both solid and liquid waste. If not managed properly, the garbage can pollute the environment and negatively impact public health and ecosystems. Despite the regulations on environmental protection, business actors who are not subject to strict sanctions create legal uncertainty and reflect the low effectiveness of the legal system. This study aims to evaluate the effectiveness of law enforcement and identify the factors that affect its success. The methodology includes normative juridical approaches and qualitative analysis through observation and interviews. The research shows the need for stricter policies to improve environmental law enforcement, strengthen supervision, develop WWTPs, and educate business actors and the community on sustainable practices. These policies are expected to create collective awareness supporting sustainable environmental conservation efforts. The effectiveness of enforcing legal sanctions against environmental pollution violations due to natural stone business waste in Cirebon Regency is still relatively low, even though there are normatively adequate regulations. Local governments strengthen the institutional capacity of law enforcement, especially the Environment Agency, through increasing the number and competence of human resources as well as adequate budget allocation for supervision and enforcement.
Implementation of the Execution of the Fiduciary Guarantee Object After the Decision of the Constitutional Court Number 18 PPU XVII 2019 Priadinata, Alko; Kirana, Dwi Paksi; Azis, Abdul; Harmono , Harmono; Rahman, Alip
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.v4i2.14431

Abstract

This paper analyzes the application of fiduciary guarantees following the issuing of Constitutional Court Decision Number 18/PUU-XVII/2019. This ruling upholds the debtor's entitlement to legal protection against the wrongful execution of fiduciary obligations that contravene legal stipulations within the framework of Indonesian law. This research employs a normative juridical approach by examining documents and interpreting legal statutes, Constitutional Court rulings, and pertinent field activities. The study's findings indicate that, following the Constitutional Court's ruling on enforcing fiduciary assurances, numerous changes have transpired, particularly on procedural aspects and safeguarding debtors' rights. The current issues are legal ambiguity and the necessity for more comprehensive rules. This report advocates for amending regulations and enhancing law enforcement officers' capabilities to ensure the execution of fiduciary assurances aligns with legal provisions.
Implementation of Child Detention Rights in the State Prison Class 1A Cirebon Susilowati, Detri; Triyadi , Septiyan Bayu; Ramadhanty , Rafifah; Waluyadi , Waluyadi; Karina , Karina
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.v4i2.14450

Abstract

Child protection is essential because children are the most vulnerable members of society, and they can live in peace. Children who are neglected by their families or society will be disrupted in their growth and development, both physically, mentally, and socially. This study aims to analyze the implementation of the rights of Children in the Face of the Law (ABH) in the Cirebon Class 1A State Prison. This study uses a normative juridical approach. Data was collected through a literature study of the Law and interviews with Cirebon Class IA State Prison officers. The study's findings show that several rights of Children in Conflict with the Law (ABH) have been met, including services such as decent food, bedding, worship, and legal assistance, as well as health care, informal education, and guidance. However, the right to training is still not optimally fulfilled due to the limitations of available facilities and programs. Implementing the SPPA Law is very important to ensure humane treatment, access to education, and skills training for ABH. This research emphasizes the need to improve facilities and develop training programs to support the development of ABH during the detention period. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, which guarantees humane treatment and access to education and skills training for ABH, must be implemented to the maximum extent.  
Legal Protection of Women's Workers' Rights in Garment Companies in Majalengka Regency Sapitri, Ike; Widianingsih, Ajeng; Sofia, Dinta Sayidina; Gunawan, Moh Sigit; Maulida, Irma
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.v4i2.14463

Abstract

This study discusses various problems faced by women workers, including employment agreements, shuttle transportation facilities, the right to menstrual leave, and aspects of Occupational Safety and Health (K3). The purpose of this study is to identify how the policies regarding employment that apply in Majalengka Regency are mainly to ensure the fulfillment of the rights of women workers and the obstacles faced by women workers in Majalengka Regency in obtaining Legal Protection. The type of research applied by the researcher is empirical juridical research. According to Abdul Kadir Muhamad, empirical juridical research is carried out by examining secondary data first, which is then followed by collecting primary data through field studies. The results of the analysis of the protection of women workers in Majalengka Regency are in accordance with Law No. 13 of 2003 concerning Manpower has been implemented, but there are still rights that have not been fulfilled. The protection of women workers in Majalengka Regency faces several obstacles, the local government through the DISNAKER (Manpower, Cooperatives, and SMEs Office) Majalengka Regency has not fully implemented regulations on the rights of women workers. Ideally, a number of local regulations. 9 of 2022 concerning Manpower contains provisions regarding the rights of women workers, as stipulated in higher laws and regulations, namely the Manpower Law No. 13 of 2003 concerning Manpower. However, in reality, there are still many female workers who do not know the rights they should get.
Juridical Analysis of the Normative Gap in the Summoning of A Charge and A De Charge Witnesses in Indonesia Manurung, Arthur Kusuma Atmaja; Prasetyawan, Tegar Eka; Setiawan, Frans; Rahman, Alip; 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.v4i2.14498

Abstract

The Public Prosecutor, as the representative of the State, holds dominant authority in regulating the course of criminal trials (dominus litis). The role of the Prosecutor inevitably places them in direct opposition to the interests of the Defendant. This clearly demonstrates a disparity in how the law treats the summoning of witnesses: while the Prosecutor’s witnesses are compelled by law, those of the Defendant are not equally supported or guaranteed by the legal framework. As a result, the Defendant’s right to present mitigating witnesses remains a theoretical entitlement (lex scripta) without enforceability. This research conducts a normative juridical analysis of relevant legal texts, scholarly literature, and journal sources. A significant imbalance is evident in the process of summoning witnesses those summoned by the Prosecutor aim to incriminate (a charge), while those proposed by the Defendant seek to mitigate or exculpate (a de charge). Incriminating witnesses are bound by legal obligations and face sanctions under Article 224 in conjunction with Article 552 of the Indonesian Penal Code if they fail to appear, and their testimony is considered valid evidence in court. The findings indicate that this legal imbalance significantly affects the objectivity of criminal proceedings, often leading to a tendency to disadvantage the defendant. In contrast, exculpatory witnesses are treated merely as a "right" of the Defendant, without any enforceable obligation to appear, as no legal consequences exist for their absence.
Questioning the Legality of Arrests Based on the Status of the Wanted Person List (DPO) to Ensure Legal Certainty Imani, Helmi Doa; Kartika , Dewi; Aaliyah , Syahlaa; Waluyadi , Waluyadi; Romlahayati , Yanti
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.v4i2.14501

Abstract

Unlawful or juridically defective arrests can also cause detention to become unlawful, so that such actions are considered illegal and can harm the principles of legal certainty and human rights. This study analyzes the legality of arrests according to the Criminal Code against suspects with the status of Persons Wanted List (DPO), by comparing two pretrial decisions: Decision Number 10/Pid.Pra/2024/PN Bdg and Decision Number 2/Pid.Pra/2024/PN Cbn. The research method used in writing this article is a normative approach. The data type used from the Law and Pre-Trial Decision Number 10/PID.Pra/2024/PN Bdg and Pre-Trial Decision Number 2/Pid.Pra/2024/PN Cbn as the main data. As well as interviews, as supporting data. The data collection technique used was document and literature studies, while the analysis used qualitative methods. The results of the study showed that in Decision Number 10/Pid.Pra/2024/PN Bdg, the judge stated that the arrest was invalid because it was carried out without the permission of the Chief Justice and proof of urgency, and the DPO status of the applicant was considered legally defective because an official summons did not precede it. On the other hand, in Decision Number 2/Pid.Pra/2024/PN Cbn, the arrest was made based on the court's determination, but the pretrial application was declared null and void because the main case had been delegated. Hence, the DPO status and arrest legality were not substantially tested.
The Application of Due Process of Law in Cyberbullying Crimes Comitted by Children at the Investigation Stage Hidaya, Nada Ramadan Umul; Ibrahim, Septi Maulana Malik; Wicaksana, Subandito Adi; Henda, Raden; Umar, Jaenudin
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.v4i2.14503

Abstract

This study examines the application of due process of law in cyberbullying cases committed by children at the investigation stage. Using a normative juridical method, the paper evaluates the legal protection framework, particularly in the absence of specific cyberbullying regulations. Key findings reveal legal uncertainty, lack of digital evidence capacity among law enforcement, and the use of cumulative charges ignoring restorative justice principles. The study contributes to legal scholarship by emphasizing the need for regulatory harmonization and increased competence in handling digital crimes, advocating for a child-centered approach to justice in the digital era.
Effectiveness of Regional Regulation Number 4 Of 2023 Concerning the Empowerment and Protection of Women in the Household in Cirebon Regency Agusetiyawati, Eka; Dinda , Eka Kurnia; Febriyanti , Indri; Permana, Deni Yusup; Karina , Siska
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.v4i2.14508

Abstract

Violence is an act that is not only dominant in physical form but also in psychological form. Violence against women is an act that is meant to be a violation of human rights, with the existence of gender inequality that results in limited women's rights. To prevent and overcome violence against women, local governments established Regional Regulation (Perda) Number 4 of 2023 concerning Women's Empowerment and Protection. This study aims to analyze the effectiveness of Regional Regulation No. 4 of 2023 in preventing domestic violence against women. The research method used is Empirical Juridical with a sociological and normative approach to observe the application of Regional Regulations in the community. The types of data used are secondary data, including Regional Regulations, statistical data on the annual number of violence cases, and reports on the activities of agencies and institutions. Meanwhile, primary data includes journal books with data collection of interviews with DPPKBP3A and WCC Mawar Balqis as well as the distribution of questionnaires. The study's results show that Regional Regulation No. 4 of 2023 has not been said to be effective because the number of violent incidents is still increasing every year, which is certainly caused by several obstacles, including the availability of infrastructure, law enforcement, and supervision.

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