cover
Contact Name
GENESIS SEMBIRING DEPARI
Contact Email
genesissembiring@gmail.com
Phone
+6285359562521
Journal Mail Official
genesissembiring@gmail.com
Editorial Address
Jl. Ir Juanda, no 56b, Medan
Location
Unknown,
Unknown
INDONESIA
Journal of Legal and Cultural Analytics (JLCA)
ISSN : -     EISSN : 2961807X     DOI : https://doi.org/10.55927/jlca.v1i2.916
Core Subject : Social,
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 195 Documents
Implementation of Guidance and Supervision of the Authority of Land Deed Making Officials Carried Out by the Head of the Land Office in Badung Regency Sanjaya, Ray Dio; Wesna, Putu Ayu Sriasih; Utama, I Wayan Kartika Jaya
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.v4i4.16110

Abstract

The Land Deed Official (PPAT) who has been appointed in Badung Regency but continues to work as staff at a notary office in Kalimantan is the background of this research. This study aims to analyze the role and effectiveness of the Advisory and Supervisory Board of PPAT in Badung Regency in carrying out the duties, authorities, guidance, and supervision conducted by the Head of the Land Office of Badung Regency. Using an empirical legal research method, this study explains the gap between norms and practice (das sollen and das sein). The results of the study show that the implementation of the board's duties has been in accordance with the scope of its authority; however, the effectiveness of guidance and supervision still requires additional technical regulations so that the mechanism can function optimally as expected by the government.
Repositioning Waqf as an Islamic Legal and Social Institution: A Global Bibliometric and Thematic Review (1975–2025) Moh. Asep Zakariya Ansori; Oyo Sunaryo Mukhlas; Fauzan Ali Rasyid; Mohamad Sar’an
Journal of Legal and Cultural Analytics Vol. 5 No. 1 (2026): February 2026
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v5i1.16184

Abstract

This study repositions waqf as an Islamic legal and social institution by mapping the evolution, intellectual structure, and thematic development of global waqf scholarship from 1975 to 2025. Using a mixed-method review, it integrates bibliometric analysis and thematic content analysis of 319 Scopus-indexed journal articles, supported by Google Scholar triangulation. The results show a major acceleration of publications after 2010, alongside a shift from doctrinal-historical studies toward governance- and finance-oriented research. Four dominant thematic clusters emerge: cash waqf, governance and accountability, Islamic social finance integration, and institutional management. However, the literature remains geographically concentrated, collaboration networks are fragmented, and empirical impact evaluation is still limited. The study highlights critical gaps for strengthening Islamic legal theory, socio-legal analysis, and evidence-based waqf governance reform.
Integration of Blockchain-Based Smart Contracts in the Resolution of Commercial Contract Disputes Warmiyana Zairi Absi; Rika Mulyati; Sinung Suakanto
Journal of Legal and Cultural Analytics Vol. 5 No. 1 (2026): February 2026
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v5i1.16233

Abstract

The development of blockchain technology encourages the use of smart contracts as digital contract instruments that are automatic and cannot be changed, especially in cross-sector commercial transactions. This study aims to analyze the legal status of blockchain-based smart contracts as well as evaluate the possibility of their integration in legally recognized commercial contract dispute resolution mechanisms. This research uses a normative legal research method with a conceptual and case legislation approach conducted through a literature study of laws and regulations, legal doctrine, as well as relevant decisions and cases. This study does not involve respondents or informants because it focuses on the analysis of legal norms and concepts. The data was analyzed qualitatively juridically through interpretation methods and legal arguments. The results of the study show that smart contracts can in principle be integrated in the settlement of commercial contract disputes as an instrument for the implementation and proof of contracts, but have not been able to fully replace the role of conventional dispute resolution mechanisms due to their limitations in handling legal interpretation, the application of the principle of good faith, and certain conditions such as non-technical defaults. This study concludes that the integration of smart contracts requires a hybrid model that combines technology-based automated execution with a law-based dispute resolution mechanism to ensure legal certainty and substantive justice in commercial contract practice.
A Comparative Legal Analysis of Intellectual Property as Marital Property: Perspectives from Indonesia, the United States, and Europe Yudika Dwi Erwanda; Darmawan Darmawan; Azhari Azhari
Journal of Legal and Cultural Analytics Vol. 5 No. 1 (2026): February 2026
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v5i1.16342

Abstract

This study examines the regulation of copyright royalties as marital property in Indonesia, the United States, and Europe, aiming to provide recommendations for better legal implementation. It applies a case approach and a comparative law approach, using library research and qualitative analysis. The findings show that Indonesia, the United States, and Europe share similarities in recognizing royalties as marital property. However, European countries tend to more clearly distinguish between exclusive rights and economic rights, while the United States demonstrates considerable flexibility through its regulatory variations. Indonesia still requires clearer and more comprehensive regulations to ensure legal certainty regarding the status of royalties as marital property and their distribution after divorce.
Legal Certainty and the Harmonization of the Principle of Prudence: A Reconstruction of Bank Compliance Parameters in the Discourse on the Business Judgment Rule Pratama, Rizki; Nadirah, Ida
Journal of Legal and Cultural Analytics Vol. 5 No. 1 (2026): February 2026
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v5i1.16373

Abstract

The banking sector plays a crucial role in national economic development and must operate in accordance with prudential banking principles. However, legal uncertainty arises due to the clash of norms between the regulations governing the Board of Directors' duties under Law No. 40 of 2007 concerning Limited Liability Companies (UU PT) and criminal liability under Law No. 10 of 1998 concerning Banking. This research aims to analyze the harmonization of these regulations and propose a reconstruction of prudential parameters to avoid the criminalization of business risks. The research adopts a normative legal method, and findings indicate that the lack of clear "compliance steps" parameters creates disparity in court rulings. The discretion granted to businesses under the Business Judgment Rule doctrine is sometimes misinterpreted, leading to criminal implications. The study recommends reinforcing the role of the Financial Services Authority (OJK) by instituting a Cease and Desist Order as a precondition for criminal law enforcement in compliance matters.
A Juridical Analysis of the Use of Technology in Investigation and Inquiry Processes Based on Scientific Crime Investigation to Uncover the Murder Case of a Former Member of the Langkat Regional House of Representatives Bahri, Syaiful; Triono Eddy
Journal of Legal and Cultural Analytics Vol. 5 No. 1 (2026): February 2026
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v5i1.16379

Abstract

The development of information technology has brought significant changes to the criminal justice system in Indonesia, particularly in the investigation and inquiry stages of criminal acts. This study aims to analyze the legal basis for the use of technology in the investigation and inquiry process, its application in solving the murder case of a former member of the Langkat Regional People's Representative Council (DPRD), and the validity of technological evidence in the evidentiary process according to criminal procedural law. This study uses a normative-empirical legal method with a conceptual approach and a case approach. Data were obtained through a literature review of primary, secondary, and tertiary legal materials, and supported by an analysis of the practice of applying technology in investigations. The results of the study indicate that the use of technology in investigations and inquiries has a legal basis sourced from the Criminal Procedure Code, the Electronic Information and Transactions Law, and the Police Law. In practice, technologies such as CCTV, telecommunications data, and digital forensics play an important role in helping investigators uncover crimes more objectively and accurately. Legally, technological evidence is basically legitimate for use in the criminal evidentiary process as long as it is obtained through legal procedures, its authenticity and integrity are maintained, and it meets the principles of legality, authenticity, and integrity.
The Effectiveness of Diversion in the Resolution of Cases Involving Children in Conflict with the Law (ABH): An Analysis of Implementation, Juridical Constraints, and the Impact on Restorative Justice Roy Parlaungan Simamora; Triono Eddy
Journal of Legal and Cultural Analytics Vol. 5 No. 2 (2026): May 2026
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v5i2.16380

Abstract

Children in Conflict with the Law (ABH) require special protection in the criminal justice system. One form of such protection is Diversion, which is the resolution of children's cases outside of formal justice based on Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. This study aims to analyze the effectiveness of Diversion implementation, the obstacles encountered, and efforts to improve its implementation. The research method used is normative-empirical with a descriptive-analytical nature, through legislative, conceptual, case, and sociological-juridical approaches. Data were obtained from literature studies, interviews, and documentation, then analyzed qualitatively. The results of the study indicate that Diversion is quite effective in resolving minor cases of children because it is able to prevent children from the stigma of justice, restore the relationship between the perpetrator and the victim, and support the best interests of the child. However, its implementation still faces legal and sociological obstacles, such as regulatory restrictions, differences in understanding of the authorities, and lack of support from victims and families. Therefore, it is necessary to strengthen the capacity of the authorities and support the social environment so that Diversion runs more optimally.
The Procedure for Implementing Diversion in the Juvenile Criminal Justice System in Cases Involving Offenses under Emergency Law: A Critical Study on the Application of Restorative Justice Principles Agus Efendi; Triono Eddy
Journal of Legal and Cultural Analytics Vol. 5 No. 2 (2026): May 2026
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v5i2.16381

Abstract

This study discusses the application of Diversion for Children in Conflict with the Law (ABH) in criminal cases based on the Emergency Law, especially when the criminal threat exceeds the limit of 7 (seven) years as stipulated in Article 7 paragraph (2) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA Law). The focus of this study is to analyze the interpretation and legal discretion of law enforcement officers, the implementation model of Diversion that remains oriented towards restorative justice, and the obstacles faced in practice. The research method used is normative-empirical with a statutory, conceptual, case, and sociological-juridical approach. Data were obtained through literature studies, interviews, and documentation, then analyzed qualitatively. The results of the study indicate that normatively, cases in the Emergency Law generally do not meet the formal requirements for Diversion because the criminal threat is above 7 years. However, the spirit of child protection and restorative justice can still be pursued through a humanistic, educational, and rehabilitative approach. The main obstacles include legal, structural, and sociological aspects. Therefore, clearer technical guidelines, increased capacity of law enforcement officers, and strengthened roles of families and support institutions are needed to ensure that the handling of children's cases continues to ensure the best interests of the child.
The Effectiveness of Rehabilitation as an Alternative to Punishment in Narcotics Cases: An Analysis of Legal Compliance and the Criminological Impact on Users Armalis; Triono Eddy
Journal of Legal and Cultural Analytics Vol. 5 No. 2 (2026): May 2026
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v5i2.16382

Abstract

The narcotics problem in Indonesia remains a serious issue that impacts not only legal aspects, but also health, social, and national security. This study aims to analyze the effectiveness of rehabilitation as an alternative to criminal punishment for drug abusers, specifically in terms of compliance with the implementation of Article 103 and Article 127 of Law Number 35 of 2009 concerning Narcotics, the success rate of rehabilitation in reducing recidivism, and various obstacles that hinder its implementation. This study uses a normative-empirical legal method with a legislative, conceptual, case, and criminological approach. The results show that rehabilitation is basically more effective than imprisonment because it is oriented towards restoring the biological, psychological, and social conditions of drug abusers. However, its implementation is still not optimal due to inconsistent application by judges and the Integrated Assessment Team (TAT), limited rehabilitation facilities, and the strong social stigma against drug addicts. From a criminological perspective, the rehabilitative approach is considered more capable of reducing the risk of recidivism than conventional punishment. Thus, rehabilitation needs to be strengthened as the mainstay of handling drug abusers by increasing compliance of law enforcement officers, strengthening rehabilitation institutions, and changing the societal paradigm to be more oriented towards recovery rather than punishment
Juridical Issues and the Application of Criminal Law Principles in Content-Related Offenses under the Electronic Information and Transactions Law Muhammad Tri Apriyansyah Idris; Adi Mansar
Journal of Legal and Cultural Analytics Vol. 5 No. 2 (2026): May 2026
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v5i2.16415

Abstract

The Electronic Information and Transactions Law (ITE Law) is the primary legal framework in Indonesia, regulating various acts in the digital space as non-conventional crimes. This study aims to analyze the effectiveness and challenges of cybercrime law enforcement, with a particular focus on content crimes. Using a juridical-normative research method, this study examines the implementation of the principle of criminal responsibility and the validity of electronic evidence in judicial practice. The results indicate that while the ITE Law is quite effective in addressing technical crimes such as hacking, its effectiveness in combating content crimes remains limited due to the problem of "rubber articles" that are open to multiple interpretations, sanctions with a low deterrent effect, marked by a recidivism rate above 40%, and limited technical capacity of law enforcement officers. Therefore, reformulation and harmonization of regulations with the Criminal Code and the Personal Data Protection Law (PDP) are needed to create adaptive, equitable law enforcement that still guarantees freedom of expression in cyberspace