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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 214 Documents
 18   19   20   21   22 
Legal Analysis of the Acquittal Verdict in the Amsal Sitepu Case: Implications for Legal Remedies within the Criminal Justice System Mahsin; 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.v5i2.16416

Abstract

This study examines the status of the finality of acquittals (vrijspraak) after the enactment of Law Number 20 of 2025 concerning the Criminal Procedure Code, with a case study of the case of Defendant Amsal Christy Sitepu. Using normative legal research methods, the results of the study indicate that this new regulation absolutely closes the space for filing an appeal against the acquittal through Article 299 paragraph (2) letter a. Regarding the ambiguity of the appeal legal remedy, a systematic interpretation of Article 244 in conjunction with Article 299 confirms that the acquittal is designed to be effective and final immediately after it is pronounced. The decision in the a quo case confirms the essence of the court as a bastion of human rights protection, guarantees legal certainty, and prevents the practice of over-criminalization from prosecutions with weak evidence. In conclusion, the transition to the 2025 Criminal Procedure Code represents a paradigm shift in the national criminal justice system towards a model centered on the protection of rights (due process-oriented).
Paradox between Supreme Court Decisions and Regulation Novi Antry
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.v5i2.16559

Abstract

Mortgage execution auctions constitute a cornerstone of Indonesia’s banking credit security system, yet judicial practice reveals a structure paradox between regulations protecting bona fide purchasers and supreme Court decisions that nullify lawfully conducted auctions. This study aimed to analyse the normative legal protection framework, identify the factors underlying the paradox, and formulate a regulatory reconstruction. This study using prescriptive analytical normative legal research with statute, case and conceptual approaches, it examines Supreme Court ruling between 2018 to 2025 through theories of legal certainty, protections and rechtsvinding. The findings expose four interlocking causes of the paradox and recommend elevating auctions finality to statutory ranks, issuing a substantive PERMA, and integrating inter-institutional single system and enforcing judicial restraint to secure consistency between legal norms and judicial practice.
Green Extractivism and the Crisis of Spatial Justice: Indigenous Land Conflict within the Morowali Nickel Industrial Corridor Abdul Rahman Hamid; Wicipto Setiadi; Taufiqurrohman Syahuri
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.v5i2.16590

Abstract

The global energy transition has increased demand for transition minerals, particularly nickel, as a strategic component in electric vehicle battery production and low-carbon energy systems. Indonesia has positioned itself as a global nickel hub through downstream industrialization policies and the development of the Indonesia Morowali Industrial Park (IMIP). However, the rapid expansion of the nickel industry in Morowali has also triggered environmental degradation, agrarian conflict, and indigenous land dispossession. This study aims to analyze the relationship between green extractivism, spatial planning, agrarian conflict, and indigenous land rights within the Morowali nickel industrial corridor. The research employs a socio-legal approach with a political ecology perspective using qualitative analysis. Data were collected from spatial planning documents, mining regulations, scientific journals, media reports, and publicly available interviews involving indigenous communities, academics, and government institutions. The findings indicate that nickel industrial expansion has produced spatial injustice through land-use change, mining concession expansion, and industrial zoning that marginalize indigenous communities and local living spaces. Spatial planning instruments function not as neutral governance tools but as mechanisms legitimizing green extractivism and land dispossession. This study contributes to spatial planning law by integrating environmental justice, political ecology, and socio-legal studies in understanding the spatial crisis within Indonesia’s transition mineral industry.
The Existence of the Highest State Institutions and the Executive and Legislative Powers in the Context of Governance Maisondra Maisondra; Boy Nurdin
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.v5i2.16611

Abstract

This study aims to analyze the existence of the highest state institutions and high state institutions in the context of governance in Indonesia. This study uses a literature review method by analyzing journal articles relevant to the research topic. The results indicate that the highest state institutions and high state institutions have played a significant role in Indonesian political history, but also have weaknesses and shortcomings. The change in the status of the People's Consultative Assembly (MPR) from the highest state institution to a legislative body equal to the House of Representatives (DPR) has created uncertainty regarding its role and function. This study recommends the need for improvements and capacity building of legislative institutions to enhance the quality of democracy and governance.
Legal Protection for Underage E-Sports Athletes in Employment Contracts within the E-Sports Industry under Labor Law Bagus Trie Ramandha Hentrisman; Ratu Mawar Kartina; Henda Henda; Harmono Harmono
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.v5i2.16612

Abstract

The rapid development of the e-sport industry in Indonesia has given rise to a new phenomenon involving underage athletes in contractual relationships with professional e-sport organizations. This study examines the legal protection afforded to underage e-sport athletes under Law Number 13 of 2003 concerning Manpower as amended by Law Number 11 of 2020 concerning Job Creation, while also analyzing the legal consequences arising from the placement of underage athletes within e-sport organizations, particularly the provisions of Articles 68–74 which prohibit the employment of children in heavy, hazardous, or work exceeding the minimum age limit. This research employs a normative juridical method with statutory and conceptual approaches, supported by library research encompassing primary, secondary, and tertiary legal materials. The findings reveal significant normative gaps in Indonesian labor regulations, wherein existing provisions have not comprehensively accommodated the distinctive characteristics of the e-sport industry as a digital economic sector. Employment contracts applied within the e-sport industry frequently fail to satisfy the legal capacity requirements prescribed under civil law and have not adequately guaranteed the fundamental rights of child athletes, including limitations on working hours, the right to education, and social security entitlements. This study recommends the establishment of specific regulations that are responsive to the dynamics of the e-sport industry in order to achieve legal certainty and comprehensive protection for child athletes as vulnerable legal subjects.
Reconstruction of Criminal Liability of State Owned Enterprise Corporations in Procurement Corruption through a Fictitious Subcontracting Scheme Akbarudin Noor; Bambang Soesatyo
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.v5i2.16623

Abstract

Corruption in the procurement of goods and services within Indonesian State-Owned Enterprises (SOEs), particularly through fictitious subcontracting schemes, poses serious challenges to transparency, accountability, and state financial management. Existing corporate criminal liability frameworks have not adequately addressed the complex structure of SOEs, especially in attributing responsibility for corruption involving layered contractual arrangements. This study aims to reconstruct the concept of corporate criminal liability of SOEs in such cases using a normative juridical approach with statutory, conceptual, and case analyses. The findings reveal that current regulations focus mainly on individual accountability, allowing corporate entities to avoid effective sanctions due to unclear attribution of intent and responsibility. Therefore, a reconstructed framework is proposed to strengthen institutional accountability alongside individual liability, ensuring greater legal certainty, justice, and more effective anti-corruption enforcement in public procurement.
The Lack of Legal Regulations in Handling Inter-Community Brawls and the Urgency of Legal Reform Based on Preventive and Restorative Approaches Agus Adi Wijaya; Binsar Jon Vic S.
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.v5i2.16626

Abstract

This study aims to analyze the gaps in legal regulations regarding the handling of brawls between community groups and to formulate a direction for legal reform based on preventive and restorative approaches. The method employed is a normative juridical approach, incorporating statutory and conceptual elements, based on a review of the Criminal Code, Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, and other related regulations. The results indicate that positive law does not specifically regulate brawls as a form of collective violence, resulting in a normative gap in definitions, collective criminal liability, and conflict prevention and resolution mechanisms. This gap has resulted in ineffective law enforcement, characterized by inconsistent norm application, the dominance of repressive approaches, and a failure to break the cycle of violence. Therefore, a reconstruction of legal reform is needed, including the reformulation of legal norms, strengthening preventive approaches through multi-stakeholder involvement, and the development of restorative mechanisms that emphasize the restoration of social relations. This reform is expected to create a more responsive, adaptive, and equitable legal system in addressing brawls as a structural social problem.
Reformulation of the Cessie Regulations in Indonesian Banking Law in Order to Close the Legal Vacuum and Realize Balanced Legal Protection Yudhistira Dhi Djajaram; Richard Richard
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.v5i2.16632

Abstract

This study analyzes the legal vacuum in the regulation of cessie within Indonesian banking practices and formulates a legal reform model to achieve balanced legal certainty and protection. Using normative juridical research with statutory and conceptual approaches, this study examines Article 613, Article 1320, and Article 1338 of the Indonesian Civil Code, Law Number 10 of 1998 concerning Banking, and Law Number 21 of 2011 concerning the Financial Services Authority. The findings reveal that existing cessie regulations remain general and are unable to accommodate the complexity of modern banking transactions, resulting in legal uncertainty and insufficient debtor protection. The absence of specific rules governing transfer procedures, debtor rights, and supervisory mechanisms creates opportunities for abuse and imbalance between creditors and debtors. Therefore, legal reform is necessary through the establishment of more comprehensive banking-specific regulations, strengthened debtor notification requirements, enhanced debtor protection, and more effective regulatory supervision. Such reform is expected to provide greater legal certainty, justice, and balance in Indonesian banking practices.
Reform of the Conflict-of-Interest Regulations for Judges in Judicial Mafia Practices to Guarantee the Independence of the Judicial Power Widodo; Suparno
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.v5i2.16633

Abstract

This study aims to analyze the provisions on judicial conflicts of interest in Indonesian positive law and formulate a reconstruction of these provisions as an effort to strengthen the independence of the judiciary. The method used is normative juridical research with a statutory and conceptual approach, through a review of the 1945 Constitution of the Republic of Indonesia, Law Number 48 of 2009 concerning Judicial Power, and the Code of Ethics and Guidelines for Judicial Conduct. The results of the study indicate that although there are provisions regarding judicial independence and the prohibition of conflicts of interest, the existing norms are still general in nature, lack clear operational definitions, and are not supported by effective disclosure and recusal mechanisms. This condition opens up space for the practice of judicial mafia, which has an impact on declining public trust in the judiciary. Therefore, a reconstruction of the provisions on judicial conflicts of interest is needed through affirmation of norms, strengthening disclosure and resignation mechanisms, and integrating a more transparent and accountable oversight system. This research is expected to provide theoretical contributions to legal development and practical contributions to the reform of the judicial system in Indonesia.
The Lack of Norms in the Settlement of Land Disputes between Indigenous Communities and Land Use Rights Holders within the Framework of National Agrarian Law Reform Mulyana; Richard
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.v5i2.16684

Abstract

The purpose of this study is to examine the disparity in standards for settling land disputes between communities governed by customary law and those who possess Land Use Rights (HGU) and to develop a fair and legally sound reform strategy for national agrarian law. The Republic of Indonesia's 1945 Constitution, Law Number 5 of 1960 Governing Basic Agrarian Principles, and other relevant regulations are studied using normative juridical research with a legislative methodology and a conceptual approach. The study's findings show that while customary law communities and customary rights are acknowledged, there is no explicit normative framework for governing interactions and resolving conflicts with HGU holders. The gap in norms is reflected in the absence of standard procedures for recognizing customary territories before granting HGU, disharmony of cross-sectoral regulations, and the absence of a specific dispute resolution mechanism that accommodates the characteristics of customary law. This condition results in legal uncertainty and structural injustice for customary law communities. Therefore, it is necessary to reconstruct agrarian law through regulatory harmonization, strengthening the recognition of customary rights, and establishing a dispute resolution mechanism that is more inclusive and responsive to legal pluralism in Indonesia.

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