cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
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)
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 Vacuum in the Deferred Prosecution Agreement Mechanism for Corporations Perpetrating Forestry Crimes for the Reform of the Criminal Justice System Deki Hermika; 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.v5i2.16685

Abstract

This study analyzes the legal vacuum concerning the Deferred Prosecution Agreement (DPA) mechanism for corporations committing forestry crimes and formulates a reconstruction of criminal law policy in Indonesia. Using a normative juridical approach, this research examines the Criminal Code, Criminal Procedure Code, Law Number 18 of 2013, Law Number 32 of 2009, and Supreme Court Regulation Number 13 of 2016. The findings show that although corporate criminal liability has been recognized, conventional law enforcement remains ineffective due to evidentiary difficulties, procedural limitations, and inadequate environmental restoration mechanisms. The DPA concept offers a more efficient and restorative approach by emphasizing corporate compliance, compensation, and environmental recovery. However, the absence of explicit regulation creates legal uncertainty. Therefore, legal reform is needed to incorporate DPA mechanisms into the national legal system while upholding the principles of legality, due process of law, and environmental accountability to strengthen law enforcement and sustainable forest protection.
Dissenting Opinion in the Indonesian Judicial System: An Epistemological Study Ahmad Muzayyin Destuladoe; Zudan Arief Fakrullo
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.v5i2.16686

Abstract

Dissenting opinion is an important arrangement in contemporary judicial systems, represent the independence of judges and free will behind legal decisions. Its existence is recognized normatively in Article 14 of Law Number 48 the Year 2009 on Judicial Power in Indonesia. Those rules are often applied inconsistently and in ways that create a gap between the law says and judges act, diluting courts’ transparency and accountability. This article studies dissenting opinion through an epistemological concept, considering how legal truth is constructed, put to the test and justified in judicial reasoning. Legal knowledge: viewed as an epistemic construction created out of a dialectical interplay between empirical facts rational discourse. Accordingly, judicial truth cannot be reduced to opinion, or even to majority opinion. Such an account elevates dissenting opinion to a strategic epistemic role within this framework: it is internal controls on the reasoning of majority opinion, mirrors competing concepts of legal interpretation, reinforces judicial accountability and further codifies evolving areas of doctrine. This research focuses on transactions related to Decision Number 68/Pid. Sus-TPK/2025/PN. Jkt. Pst. The Decision shows that dissent dislodges majority confusion, especially in terms of the difference between loss to the state and criminal liability, the former being a descriptive fact and only the latter being normative. Consequently, the practice of dissenting opinion is not only a normative obligation but also an epistemic necessity for contemporary judicial systems in order to improve the quality, reasoning and legitimacy of judicial decisions.
Labor Rights in the Era of the Gig Economy: Regulatory Challenges and Legal Protection in Indonesia Melti Wulandari; Susanto; Edi Sofwan
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.v5i2.16687

Abstract

The rapid growth of the gig economy has transformed labor relations in Indonesia through digital platform-based work arrangements. While gig work offers flexibility and employment opportunities, it also creates legal uncertainty regarding workers’ status and limits access to fundamental labor protections. This study aims to analyze the legal status of gig workers within Indonesia’s labor law system and identify regulatory challenges in ensuring fair legal protection. The research employs a normative legal method using statutory, conceptual, and comparative approaches supported by primary, secondary, and tertiary legal materials. The findings reveal that existing labor regulations remain oriented toward conventional employment relationships and fail to accommodate platform-mediated work. As a result, gig workers occupy a legal grey area, restricting their access to minimum wage protection, social security, and safeguards against unilateral termination. The study recommends regulatory reform recognizing new employment relationships and establishing a specific legal framework for gig workers.
Restorative Justice vs. Retribution: Combating Online Radicalization and Recidivism in Juvenile Terrorism Offenders Riani Widyaswara; Riswadi
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.v5i2.16688

Abstract

Juvenile delinquency has evolved in the digital age, with increasing online radicalization among young people creating challenges for traditional criminal justice systems. The rise in terrorism-related offenses by minors in Southeast Asia and Europe, often fueled by extremist content on social media, highlights the need to assess whether restorative justice provides better rehabilitation and lower recidivism than punitive approaches. Using a mixed-methods design, this study analyzed 120 juvenile court cases from Indonesia and the UK (2018–2025), conducted interviews with 45 legal practitioners and psychologists, and applied thematic analysis and logistic regression. Findings show that restorative justice reduced recidivism by 62%, compared with 28% under punitive measures, with family mediation and AI-based early detection emerging as key factors. However, implementation challenges remained in low-resource settings. The study recommends a hybrid international framework grounded in the UN Convention on the Rights of the Child and supported by ethical digital monitoring to strengthen rehabilitative juvenile justice outcomes.
The Inability to Take Responsibility of Paranoid Schizophrenic Criminal Perpetrators and Its Implications for the Protection of Victims' Rights from the Pancasila Perspective Sri Budi Raharjo; Hartiwiningsih; Ismunarno
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.v5i2.16689

Abstract

Criminal acts committed by individuals with paranoid schizophrenia present significant challenges within the criminal justice system. Due to their mental condition, offenders are often considered incapable of criminal responsibility and are directed toward medical rehabilitation rather than criminal punishment. Consequently, victims’ rights, including compensation, psychological recovery, and access to justice, are frequently overlooked. This study aims to analyze the implications of the offender’s inability to assume criminal responsibility on the protection of victims’ rights from the perspective of Pancasila. The research employs a normative legal method using statutory, conceptual, and philosophical approaches. Primary legal materials include the Criminal Code, the Health Law, and the Human Rights Law, supported by relevant literature and legal doctrines. The findings indicate that existing legal regulations place greater emphasis on offender rehabilitation, resulting in inadequate protection of victims’ rights. From the perspective of Pancasila, particularly the principles of Just and Civilized Humanity and Social Justice for All Indonesian People, victim protection constitutes an essential element of justice and human dignity. Therefore, criminal law reform is required to balance offender rehabilitation with victim protection through compensation mechanisms, restorative justice, and stronger institutional coordination, thereby creating a more equitable criminal justice system based on Pancasila values.
Reconstruction of Criminal Law Regarding Consumer Protection in Peer-to-Peer (P2P) Lending Services in Indonesia, Concerning Balancing Rights and Responsibilities in the Digital Era based on Pancasila Justice Tegar Harbriyana Putra; Hartiwiningsih; Adriana Grahani Firdausy
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.v5i2.16703

Abstract

The development of Peer-to-Peer (P2P) Lending services in Indonesia has increased financial accessibility but also created consumer protection issues, including personal data misuse, lack of transparency, and abusive debt collection practices. These problems indicate weaknesses in the existing criminal law framework, which remains unable to adequately address digital-based crimes and regulatory fragmentation. This study aims to analyze the current construction of criminal law in P2P Lending services, examine the integration of Pancasila justice values, and formulate a reconstruction model that balances consumer rights and provider responsibilities. Using a normative juridical method with statutory, conceptual, and philosophical approaches, the study finds that existing criminal law remains conventional and insufficiently responsive to digital exploitation. Therefore, criminal law reconstruction should integrate legal substance, enforcement mechanisms, institutional structures, and legal culture based on the values of Pancasila. Such reconstruction is expected to create an adaptive, just, and accountable consumer protection system within Indonesia’s fintech ecosystem.
Reconceptualization of Population Data as a Human Right under Indonesian Positive Law Ana Aniza Karunia; Mohammad Jamin; Adriana Grahani Firdausy
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.v5i2.16704

Abstract

The rapid digitalization of public services has significantly increased the use of population data as a key instrument in governance, public services, and development planning. However, this expansion also raises serious concerns regarding the legal status and protection of such data. This study aims to analyze the nature of population data. Using a normative legal research method wih statutory, conceptual, and historical approaches, this research relies on secondary data obtained through documents study. The findings show that population data constitute personal data inherent to individuals, derived from life events, and closely related to identity, privacy, and human dignity. At the same time, it is managed by the state and utilized for public interests, placing it in a sui generis position, both personal and public in nature. The increasing economic utilization of population data further intensifies the tension between public interest and privacy protection. This study concludes that strengthening legal foundations, harmonizing regulations, and developing a comprehensive data protection system are essential to ensure that the use of population data remains aligned with the protection of human rights, particularly the right to privacy.
Reconstruction of Legal Policy in the Juvenile Criminal Justice System Through the Integration of Local Wisdom Values in Indonesia Ananda Megha Wiedhar Saputri; Adi Sulistiyono; Hartiwiningsih
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.v5i2.16726

Abstract

Children are an integral part of the continuity of a nation and state and serve as the next generation that determines the future of national development. However, rapid social change, economic disparities, and family problems often lead children to engage in deviant behavior, resulting in conflicts with the law. The phenomenon of children in conflict with the law (ABH) remains a complex issue in Indonesia, where the juvenile criminal justice system has not fully integrated the values of local wisdom. This study examines the current legal policy of the juvenile criminal justice system, identifies its weaknesses and implementation problems, and proposes a reconstruction of legal policy through the integration of Indonesian local wisdom values. This normative research employs socio-legal, statutory, conceptual, and case approaches. Secondary data were obtained from primary, secondary, and tertiary legal materials and analyzed qualitatively using a descriptive-analytical method. The findings indicate that the existing juvenile criminal justice system still has weaknesses and requires legal policy reconstruction through the incorporation of local wisdom values in Indonesia.
Reconstruction of the Sanction System in the Indonesian National Police Professional Ethics Code to Achieve Proportionality of Penalties for Position Violations and Abuse of Authority Ramadhan Nasution; 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.v5i2.16727

Abstract

This study analyzes the problems in imposing sanctions under the Indonesian National Police Professional Ethics Code (KEPP) and reconstructs a sanction system based on the principle of proportionality to ensure legal certainty, justice, and institutional accountability. Key issues include disparities in KKEP decisions, subjectivity of ethics panels, the absence of objective parameters for assessing misconduct, and overlaps between ethical, disciplinary, and criminal regimes that create legal uncertainty and the risk of double punishment. Using a normative juridical method with legislative and conceptual approaches, this study examines Law Number 2 of 2002, Government Regulation Number 1 of 2003, and Police Regulation Number 7 of 2022. The findings show that the current KEPP sanction system lacks measurable and uniform standards, resulting in disproportionate sanctions. This study proposes legal reforms through revised sanction norms, a score-based grading system, ethical sentencing guidelines, integrated SOPs, and a national ethical jurisprudence database. These measures are expected to promote a more objective, consistent, and substantively just sanction system.
Reconstruction of Legal Renewal Models for Biometric Data Protection in Digital Identity Verification Services in Indonesia and Its Implications for Public Privacy Rights Akta Wijaya Pramasakti; 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.v5i2.16728

Abstract

This study aims to analyze the legal regulation of biometric data protection in digital identity verification systems in Indonesia, identify existing juridical problems and normative gaps, and formulate an ideal legal reconstruction model. The research employs a normative juridical method using statutory and conceptual approaches. The findings indicate that although Indonesia has established a legal framework through Law Number 27 of 2022 concerning Personal Data Protection, Government Regulation Number 71 of 2019, and constitutional guarantees under Article 28G paragraph (1) of the 1945 Constitution, significant regulatory deficiencies remain. Major issues include inadequate consent mechanisms, the absence of specific standards for biometric data retention and deletion, limited algorithm auditing, and weak accountability for data breaches. These deficiencies create a normative gap between technological development and legal protection. This study proposes a legal reconstruction model emphasizing meaningful consent, risk-based regulation, independent algorithm auditing, strict liability, independent supervision, and the implementation of privacy by design and accountability by design to strengthen legal certainty, privacy protection, and public trust in the digital era.

Page 21 of 22 | Total Record : 214

 18   19   20   21   22 

Filter by Year

2022 2026


Reset
Filter By Issues
All Issue Vol. 5 No. 3 (2026): August 2026 Vol. 5 No. 2 (2026): May 2026 Vol. 5 No. 1 (2026): February 2026 Vol. 4 No. 4 (2025): November 2025 Vol. 4 No. 3 (2025): August 2025 Vol. 4 No. 2 (2025): May 2025 Vol. 4 No. 1 (2025): February 2025 Vol. 3 No. 4 (2024): November 2024 Vol. 3 No. 3 (2024): August 2024 Vol. 3 No. 2 (2024): May 2024 Vol. 3 No. 1 (2024): February 2024 Vol. 2 No. 4 (2023): November 2023 Vol. 2 No. 3 (2023): August 2023 Vol. 2 No. 2 (2023): May, 2023 Vol. 2 No. 1 (2023): February, 2023 Vol. 1 No. 4 (2022): November 2022 Vol. 1 No. 3 (2022): August 2022 Vol. 1 No. 2 (2022): May 2022 Vol. 1 No. 1 (2022): February 2022 More Issue