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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 Responsibility of Paranoid Schizophrenia Patients as Murder Perpetrators to Ensure Justice Wahyudin, Hafidz; Miranda, Yosvania; Fauzi, Yuslikha Ramandhana; Henda, Raden Henda; Rasta, Gunadi
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.v4i2.14510

Abstract

This study aims to analyze criminal liability as a murder perpetrator who suffers from paranoid schizophrenia and its relation to the reasons for criminal elimination in accordance with Article 44 of the Criminal Code to ensure legal justice. The methodused in this study is normative judicalwith an approach to laws and cases from the court, after the legal materials  that have been successfully collected are then systematically  arranged and analyzed using a qualitative approach. The result of this study indicate that fraud that caused paranoid schizophrenia who commits the crime of murder can be subject to criminal sanctions or actions (double track system). In dciding such cases, the judge must prioritize the aspect of justice by concidering the opinionof a psychiatrist who observes whether the cognitive function is disturbed or not when commiting the crime of murder, if it is disturbed by characteristics such as hallucinations and delucions that cause the punishment to be unable to distinguish reality, fantasy and loss of self control , then it can be ordered in article 44 of the criminal code as a reason for forgiveness by eliminating responsibility, while if the cognitive function is not disturbed, it can beaccounted for, ther it can be accounted for criminally.
Juridical Analysis of Marriage Laws and Regulations in Indonesia and the United Kingdom Putra, Gilar Giri Prayoga; Febryliani , Nandhita; Najmadina , Adisha; Gunawan , Moh.Sigit; 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.v4i2.14516

Abstract

This study analyzes the comparative juridical marriage laws and regulations system in Indonesia and the United Kingdom. Using a normative juridical method, this study examines the differences in philosophical foundations, marriage implementation procedures, registration systems, divorce provisions, and legal norms that apply in both countries. The study results show that there are fundamental differences in the marriage legal system of the two countries, where Indonesia adheres to a system that is thick with religious and pluralistic values. At the same time, the United Kingdom applies a secular and liberal approach. This difference can be seen in the regulation of marriage age limits, polygamy, same-sex marriage, and interfaith marriage. Indonesia's marriage registration system adheres to dualism with the Office of Religious Affairs for Muslims and Civil Registration for non-Muslims. At the same time, the UK has an integrated registration system through the General Register Office. Divorce procedures in Indonesia still distinguish between talaq divorce and lawsuit divorce with specific ground requirements, while the UK has implemented a no-fault divorce system. This study identifies challenges in harmonizing marriage laws due to globalization, especially related to the recognition of marriage across jurisdictions. To create legal certainty for cross-border marriages, a holistic approach and the development of a comprehensive international legal framework are needed.
Legal Analysis of the Modus Operandi of Drug Trafficking Using the Outboard System in Cirebon Noviandy, Mochamad Ryan; Jatmika, Bambang Dwi; Rahman, Alip; Daulay, Annisa Angraini
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.v4i2.14520

Abstract

Drug trafficking in Cirebon City showed a significant increase between 2019 and 2021, with the modus operandi of the outboard system growing rapidly. In this mode, the perpetrator hides the drugs in a specific location for the buyer to pick up without direct interaction. This study aims to evaluate the judge's decision against the perpetrators of narcotics crimes who apply the modus operandi of the sticky system and examine the law's application in the case. The method used is normative juridical, with an emphasis on reviewing the provisions of laws and regulations, especially Law Number 35 of 2009 concerning Narcotics. The data analyzed is secondary data obtained from various legal references, such as books, court rulings, and other relevant documents. Data collection is carried out through literature studies and legal document reviews. The study results show that the outboard mode in Cirebon reduces direct contact between perpetrators and buyers by involving organized crime that utilizes technology. Law enforcement against this mode faces various challenges, including the difference in punishment in the Cirebon District Court decision Number 90/Pid.Sus/2021/PN Cbn sentenced him to four years in prison and a fine. Law enforcement against the modus operandi of the drug trafficking outboard system in Cirebon faces challenges in proving and disclosing the perpetrator network, even though intelligence strategies, undercover operations, and inter-agency collaboration have been implemented.
Legal Consequences of Notary Deeds Through the Validity of Electronic Signatures Larasati , Dyah Wening; Aditya, Abdul Kholik; Aprilia , Putri; Sutrisno , Endang; 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.v4i2.14536

Abstract

The advancement of contemporary society has ushered in an era of technological disruption, leading to a transformation in the understanding of many concepts, including legal principles. Electronic signatures, which serve as a substitute for manual signatures, are a product of contemporary technological advancements. A notary is a public official empowered to create legitimate documents, including the establishment of legal entities and other official acts under laws and regulations. This study aims to investigate the legal implications of notaries using electronic signatures for creating business documents in the context of PT or CV. The method used in this study is a normative juridical approach with a legislative focus and a literature review. The study results show that electronic or digital signatures can be used remotely to prepare GMS minutes signed by shareholders in public PTs. Juridically, using electronic signatures in notary deeds has consequences for the notary's legitimacy, power of proof, and responsibility. Legal harmonization between the UUJN and the ITE Law is necessary, as well as strengthening regulations to ensure that electronic signatures can be applied legally and safely in notarial deeds.
Legal Protection for Indigenous Peoples of Early Sundan (Sunda Wiwitan): A Case Study of Discrimination Against Religious Status in Cigugur, Kuningan Azzahra, Nanda; Gunawan , Roby; Yunita , Yunita; Permana , Deni Yusup; Dikrurahman, Diky
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.v4i2.14538

Abstract

Sunda Wiwitan is an indigenous belief system of the Sundanese people, still practiced today, particularly in the Kanekes region. Its adherents often face discrimination in legal and social aspects, such as difficulties in administrative documentation, access to public services, and religious recognition. These challenges affect their social status in society. This study aims to analyze the forms of discrimination experienced and evaluate the effectiveness of legal protection provided by the state. The research uses a juridical-empirical approach, examining the effectiveness of legal norms through social realities. The findings reveal that, although legal frameworks exist to recognize indigenous beliefs, their implementation has not fully ensured fair protection. Therefore, regulatory enhancement and public education are necessary to improve the social status and guarantee the constitutional rights of Sunda Wiwitan adherents as equal citizens.
The Implementation of Restorative Justice in Overcoming Prison Overcapacity is Reviewed from the Criminal Procedure Law (Cirebon Class I Prison Study) Aldi, Ahmad; Herdyanto , Jovano Kevin; Purwanto , Ilham; Harmono , Harmono; 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.v4i2.14559

Abstract

The high rate of overcapacity in correctional institutions in Indonesia is a structural problem that has multidimensional impacts, ranging from a decline in the quality of inmate coaching to human rights violations. One of the main reasons is the still-dominant imprisonment-based criminal paradigm, including for minor crimes. To find a more humane and efficient solution. The restorative justice approach, as regulated in the National Police Regulation of the Republic of Indonesia Number 8 of 2021, has begun to be implemented in the criminal justice system. This study aims to analyze the normative conformity between the Perpol and the Criminal Procedure Code (KUHAP) and evaluate the effectiveness of restorative justice in reducing the burden on prison inmates, especially in Cirebon Class I Prison. This study employs a mixed-method approach, combining normative juridical and empirical juridical methods. The study results show that although there is a potential disharmony between Perpol and the Criminal Procedure Code, applying restorative justice has provided room for resolving cases more adaptive to restorative justice, especially in minor cases. A study at the Cirebon Police shows that the settlement of five cases through restorative justice in 2025 directly contributes to the prevention of imprisonment and reduces the potential for overcapacity. In Cirebon Class I Prison, an overcapacity of 82.88% was recorded, with most inmates coming from general crimes that have the potential to be resolved through non-litigation mechanisms. Restorative justice is an essential instrument in reforming the penal system, which not only restores social relations but also enhances the efficiency of law enforcement. To achieve long-term effectiveness, it is essential to strengthen legislative regulations and promote synergy among law enforcement institutions.
Law Enforcement Against Illegal Parking Attendants Reviewed From Cirebon City Regulation No.11 Of 2019 Concerning the Implementation of Parking Farikah, Mia; Mubarok , Alfin; Ardiyansyah , Salwa; Rahman , Alip; 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.v4i2.14560

Abstract

In the modern era, the ownership of private vehicles is increasing because of their convenience and practicality. Therefore, parking lots are needed. The problem of illegal parking often occurs in small and large cities, including Cirebon City. This journal intends to analyze the effectiveness of law enforcement against illegal parking attendants, as reviewed from Regional Regulation No. 11 of 2019 concerning the Implementation of Parking. This writing's research method is empirical juridical. It examines the applicable regulations and collects data through observation and interviews to analyze the law's implementation in the field. The study results show that Regional Regulation No. 11 of 2019 concerning Parking has not run effectively, which is caused by several obstacles such as limited personnel, lack of infrastructure, and fewer firm witnesses, so that illegal parking attendants do not feel the deterrent effect. even though the Transportation Department has provided regular guidance and socialization to the parking attendants and the community. Crackdowns against illegal parking perpetrators are minimal and tend to be constructive rather than heavily sanctioned. As a result, illegal parking still occurs in many places in Cirebon City, causing traffic congestion and irregularities. To ensure effective regulation implementation, the government's future efforts need to be focused on the capacity of its personnel, stricter sanctions enforcement, and increasing legal awareness of the public and parking attendants.
A Model for Resolving Bullying Cases Against Children in Muara Village, Cirebon Regency That is Fair Wahyunda, Putri; Sarah, Sarah; Sanusi , Sanusi; Hendra , 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.v4i2.14583

Abstract

Bullying of children is a social problem that is getting more and more attention, especially in rural environments where there are limitations in the child protection system. This study aims to examine the model of resolving bullying cases against children in villages in Cirebon regency with a fair approach, both in formal law and local wisdom. The method used is qualitative with data collection techniques through interviews, observations, and documentation studies of several parties, such as village officials, community leaders, victims, perpetrators, and child protection institutions. Bullying perpetrators are also at risk of experiencing mental health disorders, such as uncontrolled emotional symptoms. On the other hand, children who are victims of bullying will suffer as a result of physical and non-physical violence. One of the steps that can be taken to help perpetrators or victims of bullying is to give more affection, rebuild confidence, and involve them in various positive activities. It is essential to provide an understanding of the adverse effects of bullying. The results of this study show that the fair settlement model combines for restorative mediation, the involvement of indigenous leaders, as well as education and recovery of victim trauma, and the resolution of repeated bullying cases. This study recommends the need for integrity between the state legal system and local values in handling cases of bullying against children.
Legal Study For Land Conversion in the Green Open Space Policy (Cirebon Regency Case Study) Nurlaelah, Nurlaelah; Kurniawati , Iis; Ramadhani , Raden Sudani; Sutrisno , Endang; Harmono , Harmono
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.v4i2.14584

Abstract

Land conversion is a crucial issue in spatial planning and environmental protection policies in Indonesia, especially in the context of providing Green Open Space. The Minister of ATR/BPN Number 14 of 2022 affirms the obligation of a minimum of 30% Green Open Space from the city area, which consists of 20% Public Green Open Space and 10% Private Green Open Space. Using normative and empirical juridical approach methods to examine the problem of land conversion and the effectiveness of spatial planning laws and state administration in controlling these phenomena. The analysis results show that despite the regulatory regulations, there are still weaknesses in supervision and law enforcement that cause the rampant illegal and unsustainable land conversion. For this reason, it is necessary to increase supervision, enforce strict laws, and strengthen policies and regulations related to green open spaces to ensure the sustainability of ecosystem functions and support sustainable development. This study provides strategic recommendations for policymakers, law enforcement, and the community regarding the enforcement of land conversion laws according to the principles of open space conservation. This article recommends strengthening the spatial-based surveillance system, consistently applying administrative sanctions, and involving the public in the spatial planning process.
Legal Review of Song Copyright Protection for the Realization of Legal Certainty Ramdani, Gilang; Pratama, Mochammad Andre; Maulana N.T, Avicenna; Sutrisno , Endang; Daulay , Annisa Angraini
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.v4i2.14604

Abstract

Digital technology has made it easier to access music and digital platforms. Still, this development has made it easier to infringe on song copyright, preventing the protection of Song Copyright from running optimally. This research examines the relationship between legal provisions on Copyright and the legal protection afforded to song creation under Law No. 28 of 2014 respecting Copyright. This study employs normative juridical research methods utilizing legal and comparative approaches. The results of the study found that although Copyright protection has regulated various rights of copyright owners to protect their rights, in practice Copyright infringement still occurs frequently, this is because the current Law still does not provide a clear legal framework for parties who provide space so that it allows Copyright infringement to occur, such as the digital platform Youtube, and lacks strict enforcement of the law against copyright infringers, therefore to achieve legal certainty in providing copyright protection to copyright owners. The legislation must establish a definitive legal framework delineating the responsibilities of digital platforms concerning the content hosted on their sites, alongside the necessity for organized oversight by the Collective Management Institution to serve the public utilizing the song for commercial purposes in relation to their obligation to remit royalties. Furthermore, rigorous enforcement of the law against copyright infringers is essential to achieve legal certainty in the safeguarding of copyright.

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