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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
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Legal Reconstruction of Criminal Regulation on the Cultural Tradition of Carrying Sharp Weapons as a Symbol of Nusantara Culture Moh. Sawi
Journal of Legal and Cultural Analytics Vol. 5 No. 3 (2026): August 2026
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v5i3.16733

Abstract

Indonesia's cultural plurality includes long-standing traditions of carrying traditional weapons, such as nyikep (celurit) in Madura and badik in Bugis culture, symbolizing honor and self-defense. However, Article 2, paragraph (1) of Emergency Law No. 12/1951 strictly criminalizes this practice without a permit, leading to numerous judicial convictions. This creates a profound conflict between national positive law and the constitutional rights of customary law communities guaranteed under the 1945 Constitution of Indonesia. This legal disharmony poses philosophical, juridical, and sociological challenges, as existing regulations fail to accommodate traditional weapons as cultural identity. Consequently, indigenous people face criminal penalties while preserving their heritage. This study analyzes this legal friction, highlighting the urgency of integrating cultural recognition into national criminal justice policy framework.
The Role of Government Regulations in Lieu of Law as a Constitutional Instrument for Responding to Economic Crises: Realizing Legal Certainty and National Stability in Indonesia Elen Setiadi
Journal of Legal and Cultural Analytics Vol. 5 No. 3 (2026): August 2026
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v5i3.17035

Abstract

This article aims to analyze the role of the Government Regulation instead of Law (Perppu) as a constitutional instrument in responding to the economic crisis to achieve legal certainty and national stability in Indonesia. The research uses a normative juridical method with a statutory and conceptual approach, supported by an analysis of laws and regulations, Constitutional Court decisions, and relevant legal doctrines. The results show that the Perppu is a legal instrument that has constitutional legitimacy based on Article 22 of the 1945 Constitution of the Republic of Indonesia to address urgent situations, including the economic crisis. The implementation of the Government Regulation in place of Law Number 1 of 2020, which was later stipulated as Law Number 2 of 2020, proves that the Perppu can support fiscal and financial system stability, although it still raises debates regarding the limits of the President's authority, the mechanism of checks and balances, and the protection of citizens' constitutional rights. This study concludes that the use of a Perppu must remain grounded in the principles of the rule of law, legal certainty, proportionality, accountability, and constitutional supremacy to be an effective instrument for addressing the economic crisis while maintaining national stability.
Imitation of MSME Transaction Documents as a Form of Business Identity Misuse: A Socio-Legal Analysis of the Gap Between Norms and Practices Eghi Hendri Rifaldo Purba; Martono Anggusti; Samuel Frans Boris Situmorang
Journal of Legal and Cultural Analytics Vol. 5 No. 3 (2026): August 2026
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v5i3.17092

Abstract

The counterfeiting of Micro, Small, and Medium Enterprise (MSME) transaction documents—a form of business identity misuse—is a crime that has emerged alongside the accelerated digital transformation of economic activities. This study aims to comprehensively analyze the gap between legal norms (*das sollen*) and social practices (*das sein*) regarding the protection of MSME business identities, employing a socio-legal approach. The research methodology combines a normative-juridical approach with a socio-legal perspective. This approach views law not merely as written norms ("law in the books") but also as social practices operating within society ("law in action"). Research data were gathered through a literature review of primary, secondary, and tertiary legal materials, alongside an analysis of digital transaction document usage patterns within the MSME ecosystem. The findings reveal a significant legal gap in the protection of MSME business identities in the digital era. Normatively, Indonesian law provides instruments to address document forgery and the manipulation of electronic information. Empirically, however, the effectiveness of these measures is severely limited by the high costs associated with digital evidence, the complexity of electronic forensic processes, and the absence of an integrated, affordable, and easily accessible business identity verification system for MSME players. Consequently, existing legal protections remain largely formalistic and fail to fully address the needs of the small-scale economic community.
The Application of the Rebus Sic Stantibus Principle in Oil Sales and Purchase Agreements by PT Pertamina (Persero) Amidst Geopolitical Instability in the Middle East Budi Constantin Sihombing; Roida Nababan; Samuel Situmorang
Journal of Legal and Cultural Analytics Vol. 5 No. 3 (2026): August 2026
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v5i3.17095

Abstract

Geopolitical instability in the Middle East—triggered by armed conflict, economic sanctions, disruptions to energy distribution routes, and global oil price fluctuations—has brought about significant changes in the execution of international crude oil sales contracts. These conditions potentially affect the ability of the parties involved, including PT Pertamina (Persero), to fulfill their agreed-upon contractual obligations. This study aims to analyze whether geopolitical instability in the Middle East can be classified as a "fundamental change of circumstances" that meets the criteria for invoking the rebus sic stantibus principle, and to examine the legal implications and dispute resolution mechanisms should this principle be applied to oil sales agreements involving PT Pertamina (Persero). The study employs a normative legal research method utilizing statutory, conceptual, and case-based approaches. Legal materials—comprising primary, secondary, and tertiary sources—were analyzed qualitatively using a descriptive-analytical method. The findings indicate that, under certain conditions, geopolitical instability in the Middle East can be categorized as a fundamental change of circumstances if it meets the elements recognized under the rebus sic stantibus doctrine: namely, a change that was unforeseeable at the time the contract was concluded, occurred beyond the parties' control, significantly altered the contract's economic balance, and rendered performance excessively burdensome without making it impossible to execute.

Page 22 of 22 | Total Record : 214

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