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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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Review of Legal Protection Against Sexual Violence by Doctors Based on the Law on Medical Practice Ismail, Muhammad Reza; Rahayu, Sri Dewi; Asamara, Teddy; Sanusi, Sanusi
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.v4i2.14605

Abstract

Sexual violence by doctors is a serious violation of human rights that can have profound psychological and social impacts on victims. Based on Law Number 29 of 2004 concerning Medical Practice, doctors should carry out their profession under applicable medical standards and codes of ethics. Article 51 regulates the obligation of doctors to provide medical services under standards, while Article 79 provides criminal sanctions for doctors who deliberately do not fulfill their administrative and professional commitments. This study uses a normative juridical approach to analyze the legal provisions that protect victims of sexual violence in medical practice, focusing on Article 51 and Article 79 of the Medical Practice Law. The primary sources of data are laws and regulations and related legal literature. The study results show that the effectiveness of legal protection depends on consistent implementation and enforcement of the law and synergy between the law and medical professional institutions. In addition, preventive aspects such as ethical education and transparent oversight mechanisms in medical institutions are essential. Psychological and social assistance for victims is also an integral part of the protection system. With a holistic approach involving the law, professional ethics, and victim protection, it is hoped that it can create a safe and dignified health environment. Evaluation and development of legal policies and professional ethics are needed to strengthen legal protection for victims of sexual violence in medical practice in Indonesia.
Legal Responsibility of Buyers to Sellers Who Suffer Losses Due to Default in Online Sales and Purchase Agreements Based on Law No. 8 of 1999 Concerning Consumer Protection Sinuhaji, Yefta Loviga; Anggusti, Martono; Gultom , Meli Hertati
Journal of Legal and Cultural Analytics Vol. 4 No. 3 (2025): August 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i3.15093

Abstract

Online buying and selling is the process of buying and selling goods or services transactions carried out through electronic media, especially using the internet network, without a direct meeting between the seller and the buyer. This study aims to analyze the form of buyer default in online buying and selling transactions and examine the legal responsibility of buyers towards sellers who suffer losses, based on the provisions of Law Number 8 of 1999 concerning Consumer Protection and the Civil Code. To examine the application of legal norms in judicial practice through case studies, and to contribute to the development of civil law, especially in terms of justice, legal certainty, and balance of protection between sellers and buyers in electronic transactions. The method of collecting data is carried out through library research. Researchers collect legal data from books, articles, journals, documents, and other scientific sources. The research results show that buyers are legally responsible for losses suffered by sellers due to their default. The 1999 Law on Consumer Protection provides a strong legal basis for enforcing buyers' legal liability against sellers who suffer losses due to their default.
Legal Protection for Foreign Investment According to Law Number 25 of 2007 concerning Investment Marbun, Putra Hasian; Nababan, Roida; Gultom, Meli Hertati
Journal of Legal and Cultural Analytics Vol. 4 No. 3 (2025): August 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i3.15131

Abstract

This writing aims to explore the importance of a legal regulation that is able to provide legal protection for foreign investment. Foreign investment is a very important instrument for the development of the nation's economy so that a legal regulation is needed to provide legal certainty for foreign investors so that they feel safe and comfortable in carrying out investment practices in Indonesia. In this study, the author will focus on exploring How Legal Protection for Foreign Investment is According to Law Number 25 of 2007 Concerning Investment and What Forms of Ease of Land Rights Licensing Services Are According to Law Number 25 of 2007 Concerning Investment. The data collection method in this study was carried out through library research and document review, namely by collecting legal materials through studies of journals, legal research results, and various official institutional documents such as laws and regulations, trial circulars, and other literature relevant to the problems studied.
Legal Responsibilities of Business Actors in Monopolistic Practices and Unfair Business Competition According to Law Number 5 of 1999 Prohibition of Monopolistic Practices and Unfair Business Competition Giawa, Fransisko; Nababan, Roida; Siregar, Ria Juliana
Journal of Legal and Cultural Analytics Vol. 4 No. 3 (2025): August 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i3.15132

Abstract

Business competition is an economic instrument in the development of the Indonesian economic system, as evidenced by the enactment of Law Number 5 of 1999 concerning the Prohibition of Monopolies and Unfair Business Competition. The issues discussed in this study are: what forms of agreements are prohibited in business competition activities according to Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition, and what are the responsibilities of business actors involved in cases of monopolistic practices and unfair business competition according to Law Number 5 of 1999 concerning the Prohibition of Unfair Business Competition. The data collection method in this study was conducted through library research and document review. This involved collecting legal materials through journals, legal research results, and various official institutional documents such as laws and regulations, court circulars, and other literature relevant to the research problem.
Tokopedia's Legal Responsibility to Consumers for Non-Compliance of Electronic Goods in the Online Trading System Ginting, Meilani Amanda; Sidauruk, Jinner; Gultom, Meli Hertati
Journal of Legal and Cultural Analytics Vol. 4 No. 3 (2025): August 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i3.15145

Abstract

This study discusses Tokopedia's legal responsibility to consumers for the non-conformity of electronic goods in the online trading system. Although regulations regarding consumer protection have been established, there are still losses incurred from e-commerce platforms that do not provide legal accountability in accordance with the laws and regulations. Consumers often experience losses due to products received that do not match the product descriptions made by businesses on Tokopedia. Although there are regulations governing consumer protection, such as Law No. 8 of 1999 on Consumer Protection and Law No. 11 of 2008 on Information and Electronic Transactions (ITE Law), many consumers still suffer losses due to the inadequate supervision and dispute resolution systems provided by the platform. This study employs a normative legal method with a regulatory approach and a conceptual approach. The findings indicate that Tokopedia bears civil, administrative, and in certain circumstances criminal legal liability, and that consumers have the right to pursue legal action both through litigation and non-litigation means. An evaluation and reformulation of the system are needed to strengthen consumers' position within the e-commerce ecosystem.
Legal Protection for Children as Victims of Human Trafficking (Study of Decision Number 98/Pid.Sus/2020/Pn.Kot) Sihombing, Freean Gabriel; Anggusti, Martono; Gultom, Meli Hertati
Journal of Legal and Cultural Analytics Vol. 4 No. 3 (2025): August 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i3.15236

Abstract

Criminal acts are a significant concern for the surrounding community and require swift and appropriate handling to overcome them. The crime of human trafficking is a form of denial of the fundamental human status as a legal subject. It also results in cases of humanism that certainly degrade the dignity of humans as social beings. Indonesian law has a complex framework in protecting children from all forms of exploitation and crime, including the Crime of Human Trafficking (TPPO). Within the Indonesian legal system, there are various regulations designed to protect children's rights and provide protection against crimes that threaten their safety. This study uses a normative legal method with a statute approach, a fact approach, and a case approach. Based on the problem in this study, which discusses the Implementation of Legislation in the Protection of Child Victims of Trafficking, the Judge's Consideration in Imposing Sentences in Decision Number 98/Pid.Sus/2020/PN.Kot. Further analysis is needed to understand the judge's considerations and the application of the principle of justice in the decision.
The Essence of the Concept of Diversion in General Criminal Offenses Asmara, I Dewa Gede Budhy Dharma
Journal of Legal and Cultural Analytics Vol. 4 No. 3 (2025): August 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i3.15103

Abstract

The handling of general criminal cases with a sentence of less than five years, provided they are not repeat offenses, is increasingly being directed toward a diversion mechanism based on the principles of restorative justice. This approach aims to restore relationships between the offender, the victim, and the community through dialogue and mediation, rather than focusing on punishment. Restorative justice emphasizes the offender’s responsibility toward the victim and the community, with the primary goal of fostering social harmony and avoiding the negative impacts of conventional sentencing. In Indonesia, restorative justice has been recognized in various regulations, such as Law Number 11 of 2012 on the Juvenile Criminal Justice System and Supreme Court Regulation Number 4 of 2014, which highlights the importance of diversion as a means of resolving criminal cases outside of court proceedings. Additionally, Prosecutor’s Decree Number 15 of 2020 allows for the discontinuation of prosecution in minor cases under certain conditions. The concept of restorative justice, introduced by Albert Eglash in 1977, distinguishes three forms of justice: retributive, distributive, and restorative. This principle of restoration has long been recognized in various legal traditions, including in Indonesia, where customary law (living law) plays a significant role. By prioritizing mediation and restitution, restorative justice offers a new paradigm in the criminal justice system—one that is more humane and focused on social recovery.
Consumer Protection Against Nopia Products That do Not Include Expiration Dates Atun, Devi Windy
Journal of Legal and Cultural Analytics Vol. 4 No. 3 (2025): August 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i3.15120

Abstract

Consumers are people who use an item. Every consumer who buys or uses a product certainly hopes to get a good product and as desired. The development of the global economy makes consumers have many choices, because the food offered is increasingly diverse and varied. This is also caused by consumers who pay less attention to their rights and lack of awareness as consumers. Meanwhile, consumer protection is a matter of interest for humans, therefore consumer protection is the hope for this nation tobe able to realize the relationship between business actors and consumers who have a mutually beneficial and not detrimental relationship. This research aims to determine and analyze the protection of consumers for products that do not include an expiration date. This research uses normative juridical research methods which are methods carried out through library research or examining the main data, namely secondary data. Legal protection for consumers against nopia products that do not include expiration dates is regulated in Articles 4 and 29 of Law Number 8 of 1999 concerning Consumer Protection, where consumer rights must be implemented by business actors with the right to obtain information, the right to security, and the right to safety after consuming the product.
Customary Law in Timor-Leste Santos, Hercus Pereira dos
Journal of Legal and Cultural Analytics Vol. 4 No. 3 (2025): August 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i3.15345

Abstract

The Democratic Republic of Timor-Leste as a modern state is governed by its Constitution, which was drawn up by the Constituent Assembly in 2001 with the presence and fundamental support of the United Nations Transitional Administration in Timor-Leste – UNTAET (United Nations Transitional Administration in East Timor), under the leadership of the late Sergio Viera de Melo. This means that Timor-Leste, as a logical consequence, was founded on the foundations of the Western Roman-Germanic legal doctrine and especially of Portugal. We can clearly see that the Constitution of Timor-Leste integrates the basic and important foundations of the modern rule of law where the supremacy of positive state rights prevails: The Constitution and other state legal norms, respect for human rights, democratic culture, the principle of separation of powers, political, social, religious pluralism and the determination to fight any tyranny,  dictatorship and at the same time the Constitution of Timor-Leste also seeks to resepitate cultural pluralism, the customary right existing within the society of Timor-Leste to create a just and prosperous state for all citizens. That is why we can safely say that the Constitution of Timor-Leste as a fundamental law of the state seeks to guarantee that Timor-Leste, on the one hand, as a modern state of law based on Western legal standards and on the other hand, the Constitution itself seeks to value and respect the use of customary law that is still in use to regularize the life of the people within the society of Timor-Leste.
Legal Responsibility of the Trade Office for Defaulting on Contract Workers in the Construction of the Dakopamean People's Market (Study of Decision Number 7/Pdt.G/2022/PN Tli) Sianturi, Andre Ferdy; Simamora, Janpatar; Siregar, Ria Juliana
Journal of Legal and Cultural Analytics Vol. 4 No. 3 (2025): August 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i3.15346

Abstract

This writing aims to delve into the legal responsibility in breach of contract disputes. Breach of contract refers to the inability of an individual or a party to fulfill obligations based on a prior agreement. In a breach of contract case, legal responsibility is an obligation imposed on a party as a form of accountability for the violation committed. This study also focuses on the basis of assessment used by law enforcers, namely the panel of judges, in deciding a breach of contract dispute involving the Department of Trade, which failed to fulfill its obligations to a contract worker in the construction of the Dakopamean Public Market, based on Decision Number 7/Pdt.G/2022/PN Tli, and the form of legal responsibility of the Department of Trade for the breach of contract in the construction project of the Dakopamean Public Market. This writing also emphasizes a normative legal research method of a descriptive nature, in which the results of the study will further examine the judges’ considerations in deciding a case, particularly in breach of contract matters.

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