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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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Non-Litigatory Dispute Resolution Regarding Medical Device Procurement Contracts by Medical Device Distributors Related to its Implementation that Does Not Conform to the Agreement Subrata, Adi Irama; Marniati, Felicitas Sri; Mulyadi, Mulyadi
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.v4i3.15351

Abstract

This legal research examines the legal consequences and non-litigation dispute resolution for non-conforming medical device procurement contracts between distributors and buyers in Indonesia. Based on contract law, specifically Articles 1320 and 1338 of the Indonesian Civil Code, it applies Dean G. Pruitt's Dispute Resolution Theory and R. Soeroso's Legal Consequence Theory. Using a normative juridical methodology, the study combines statutory, conceptual, analytical, and case approaches. Data from primary, secondary, and tertiary sources were analyzed grammatically, systematically, and analogically. Findings indicate non-conforming contracts create new obligations, alter relationships due to breaches, and trigger legal sanctions. Disputes can be resolved through problem-solving, yielding mutually beneficial solutions, such as replacing goods to meet agreed quality and quantity.
Legal Certainty of a Sales and Purchase Agreement Deed Made Without Being Read by and Not Signed Before a Notary Hanip, Furqon; Martanti, Yurisa; Kadir, Taqiyuddin
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.v4i3.15352

Abstract

Notaries play a crucial role in ensuring the validity of legal transactions through authentic deeds with strong evidentiary power. However, procedural violations such as deeds not being read aloud or signed before the notary contradict Article 16 paragraph (1) letter m of Law No. 2 of 2014 on the Notary Position and may render the deed legally flawed, reducing it to the status of a private deed. This study aims to examine legal remedies available to the parties and the certainty provided by such flawed deeds. Using a normative legal research method supported by literature review, statutory analysis, and interviews with legal practitioners, the study finds that such deeds undermine legal certainty, and recommends stronger disciplinary enforcement against violating notaries.
Legal Protection for Debtors in Collecting Non-Performing Loans Related to Unlawful Acts Committed by Creditors Through Installation of Banner Outside the Object of Collateral Aryanti, Firly; Lontoh, Rielly; Situmorang, Risma
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.v4i3.15353

Abstract

This study examines the unlawful practice of creditors placing banners outside collateral objects to collect non-performing loans, which potentially harms debtors materially and immaterially and violates consumer protection principles. Using a normative legal research method with statutory, case, analytical, and conceptual approaches, the study analyzes primary, secondary, and tertiary legal sources through grammatical, systematic, and constructive interpretation. Findings indicate that such banner placements constitute unlawful acts under POJK No. 22 of 2023 and can be subject to civil litigation by affected debtors. The study concludes that legal protection must be enforced through OJK supervision and sanctions, while financial institutions should adopt lawful, fair, and non-detrimental debt collection procedures.
Legal Protection for Buyers for the Purchase of Inheritance Land Which the Master Certificate Has Not Been Split Suryana, Cece; Marniati, Felicitas Sri; Chandra, Tofik Yanuar
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.v4i3.15354

Abstract

Land is a significant asset with economic, social, and legal value. This study examines the purchase of inherited land whose parent certificate has not been subdivided and the legal protection available to buyers. The research applies a normative legal method with a qualitative juridical approach, using literature studies, case analysis, and interviews with relevant parties such as land deed officials, notaries, and buyers. The study highlights that such transactions carry legal risks due to unclear object definitions under Article 1320 of the Civil Code. Legal protection for buyers is possible if conducted in good faith, administrative obligations are fulfilled afterward, and officials perform professionally. Proper legal procedures are strongly recommended to ensure legal certainty.
Religious Moderation from the Perspective of Maqashid al-Syariah: Islamic Education Strategies in Promoting Tolerance and Social Justice Muhammadong, Muhammadong; Nurmila, Nurmila; Bando, Ushwa Dwi Masrurah Arifin; Utami, Farhah; Falihin, Dalilul
Journal of Legal and Cultural Analytics Vol. 4 No. 4 (2025): November 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i4.15567

Abstract

The purpose of this study is to analyze the application of religious moderation from the perspective of Maqashid al-Syariah and how Islamic education can play a role in promoting tolerance and social justice. This research employs a qualitative method with a literature review approach, examining various sources on religious moderation, Maqashid al-Syariah, and strategies in Islamic education. The findings indicate that religious moderation within the framework of Maqashid al-Syariah, which includes the protection of religion, life, intellect, lineage, and property, can serve as a foundation for designing Islamic education that prioritizes values of tolerance and justice. Islamic education based on Maqashid al-Syariah not only creates a generation that practices religion in a moderate way but also respects differences and applies principles of social justice in daily life. In conclusion, Islamic education that integrates Maqashid al-Syariah can be an effective strategy in building a harmonious, tolerant, and just society. Through education based on Maqashid al-Syariah, religious moderation can be realized, and the potential for social conflict caused by intolerance can be minimized, leading to peace and well-being for humanity.
Maqāṣid Al-Syarī'ah Al-Syāṭibī and Responsive Law: A Fair Formulation for Registering Guardians in the Marriage of Adopted Children Mustofa, Bisri; Saifullah, Saifullah; Sudirman, Sudirman
Journal of Legal and Cultural Analytics Vol. 4 No. 4 (2025): November 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i4.15594

Abstract

This study aims to analyze the practice of marriage guardian registration in adopted children's marriages in Mojokerto Regency and City, particularly regarding the validity of marriage guardianship between adoptive fathers and biological fathers, and to review the policies of Marriage Registrars (PPN) from the perspective of Maqāṣid al-Syarī'ah al-Syāṭibī and responsive legal theory. The research method used is descriptive qualitative with a normative-sociological legal approach. Data were obtained through interviews with PPNs at 21 Religious Affairs Offices (KUA) in Mojokerto Regency and City and a review of legal documents, such as Law Number 1 of 1974 concerning Marriage, Law Number 35 of 2014 concerning Child Protection, The results of the study indicate that the VAT policy in conducting the marriage of adopted children with the biological father as a guardian, even though the administrative document lists the adoptive father, is a form of responsive legal application. The policy is oriented towards the benefit (maslahah) as per the principles of Maqāṣid al-Syarī'ah which includes protection of religion (ḥifẓ al-dīn), descendants (ḥifẓ al-nasl), and soul (ḥifẓ al-nafs). However, administratively, the existing regulations have not accommodated this social reality, resulting in a normative vacuum. This study recommends a new legal formulation in the form of an additional article in the marriage registration regulations that authorizes the KUA (Office of Religious Affairs) to correct marriage certificates without going through two stages of court proceedings. This formulation is expected to provide legal certainty, justice, and benefits for the community and strengthen the integration between Islamic law and positive law in Indonesia.
Criminal Liability of Children in Indonesia: A Review of Age Limits, Implementation of Restorative Justice, and Its Relevance to Islamic Law Rabbani, Muhammad Ayatullah; Muhshiy, Roshin Abdul; Pasaribu, Muhammad Wildan Hamidi; Ni’am, Asrorun; Rosdiana, Rosdiana
Journal of Legal and Cultural Analytics Vol. 4 No. 4 (2025): November 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i4.15609

Abstract

This study aims to analyze the criminal liability of children in Indonesia with a focus on three main aspects, first, the age limit for criminal liability, second, the implementation of restorative justice in the Juvenile Criminal Justice System (SPPA), and third, its relevance to the principles of Islamic criminal law. The method used is normative law with a qualitative approach, through a literature study of laws and regulations, legal doctrine, and academic literature, as well as a comparative analysis between positive law and Islamic law. The results of the study indicate that the minimum age limit for criminal liability of children is set at 12 years and a maximum of 18 years according to Law No. 11 of 2012, children under 12 years old are subject to correctional measures. The implementation of restorative justice is accommodated through diversion which emphasizes the restoration of social relations and the protection of children's rights, but its implementation still faces obstacles such as regulatory disharmony, limited capacity of officers, and minimal community participation. From the perspective of Islamic law, the responsibility of children is oriented towards intellectual maturity (tamyiz) and puberty, as well as educational punishment through taʿzīr, so there is a meeting point with the restorative concept in positive law.
Legal Protection for Buyers in Good Faith as a Result of the Cancellation of Transfer of Rights Based on a Court Decision Kistriana, Farastya Enanggi; Purwadi, Hari; Nagara, Airlangga Surya
Journal of Legal and Cultural Analytics Vol. 4 No. 4 (2025): November 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i4.15623

Abstract

This study uses a normative legal research method with a case study approach, which is prescriptive and analytical in nature. It focuses on Supreme Court Decision Number 3507 K/Pdt/2023, where a bona fide buyer who acquired land rights through a valid sale before a PPAT and had a certificate in his name suffered losses due to the cancellation of the sale and purchase deed declared legally flawed. The results show that Indonesia’s land registration system adheres to a negative publication system with a positive tendency, so certificates do not guarantee ownership. The cancellation of rights creates legal uncertainty for bona fide buyers who meet the valid agreement requirements under Article 1320 KUHPerdata. Stronger legal protection is needed both preventively and repressively to achieve justice and legal certainty.
Our Destiny's Card: The Possibilities of the Subject-Object Financial Algorithm Interface Nasrum, Muhammad
Journal of Legal and Cultural Analytics Vol. 4 No. 4 (2025): November 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i4.15760

Abstract

The study analyzed the practices of a community in Indonesia that uses credit cards and provided ethnographic cases where credit cards are used not only for consumption but also as productive capital for business. To provide important cultural background, the paper also examines pre-existing Indonesian financial systems, such as arisan—a form of rotating credit association deeply rooted in local culture. Temporalities, a common concept in anthropological studies of debt and credit, provide the analytic framework. It is also a strategy to dissect the credit card algorithm on a cultural level. This includes the features and roles of the credit cards, as perceived by community members, for decision making at each stage from application to business use. This cycle of social life demonstrates how such a financial instrument can be effective in delivering benefits and engendering trust within specific socio-cultural contexts.
Analysis of Substantial, Procedural, and Technical Aspects in the Drafting of Legislation in Indonesia Maisondra, Maisondra; Sulaiman, Abdullah
Journal of Legal and Cultural Analytics Vol. 4 No. 4 (2025): November 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i4.15789

Abstract

The post-reform Indonesian legal system is characterized by hyper-regulation and disharmony in legislation. This study aims to analyze systemic weaknesses in the legislative drafting process that contribute to legal uncertainty and ineffectiveness. Weaknesses are identified in three main aspects: Substantive Aspects (harmonization), Procedural Aspects (participation and planning), and Technical Aspects (quality of Legal Drafting). The study results indicate that the dominance of sectoral approaches, minimal inter-institutional coordination, and the low quality of human resources for drafting are the main factors behind this acute legislative flaw. These weaknesses have serious impacts on legal certainty, the effectiveness of public policy, and the investment climate. This article examines the root causes of substantive, procedural, and technical problems in the drafting of legislation in Indonesia, referring to Law No. 12 of 2011 (and its amendments) concerning the Formation of Legislation.

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