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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 184 Documents
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Changes to Deliberation Norms in the 1945 Constitution of the Republic of Indonesia Shalahuddin
Journal of Legal and Cultural Analytics Vol. 2 No. 3 (2023): August 2023
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v2i3.5862

Abstract

The purpose of this study is to find out the meaning and existence of deliberation as a system in government as stated in article 18 of the 1945 Constitution of the Republic of Indonesia (UUD NRI) before the amendment. This research was conducted using normative juridical research methods, with a historical approach and a conceptual approach. With the results of the study explaining that Deliberation is a religious order as explained in 3 (three) verses in the Al-Qur'an which contains orders for deliberation, namely: First, Q.S. Al-Baqoroh/2: 233. Second, Q.S. Ali Imron / 3: 159. Third, Q.S. asy - Syûro/42: 38. As for its position in Indonesia in the perspective of a rule of law, the order for deliberation has been listed as the basis of the State, namely in Pancasila, namely the fourth precept which reads "Populist Led by Wisdom of Wisdom in Deliberation/Representation" and in the stem The body of the 1945 NRI Constitution was also included in Article 18 before the amendment.
Proving the Criminal Act of Bullying Committed Children in Cyberspace Akbar Fadriwansyah
Journal of Legal and Cultural Analytics Vol. 2 No. 3 (2023): August 2023
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v2i3.5892

Abstract

The purpose of this study is 1) to find out and analyze the method of proving the crime of bullying committed by children in cyberspace. 2) to find out and analyze the validity of the statements of victims of criminal acts of bullying in cyberspace. The research results obtained first; the method of proving the crime of bullying committed by children in cyberspace, because this is related to cyberspace problems in the form of internet media, the method that can be carried out by a judge is based on Law no. 11 of 2008 concerning Information and Electronic Transactions or the ITE Law. This law finally includes electronic information, or electronic documents, or printouts as legal evidence in accordance with the procedural law in force in Indonesia. Second; the validity of the statements of parents of victims of criminal acts of bullying in cyberspace because seen from the Criminal Procedure Code it also stipulates that parties whose statements cannot be heard as witnesses and can resign as witnesses are the defendant or co-defendant, mother's or father's brother, also those who are related by marriage with the children of the defendant's relatives up to the third degree.
Juridical Review of International Private Law in Interfaith Marriages Outside Indonesia (Case Study of the Marriage of Dimas Anggara and Nadine Chandrawinata) Retno Hirowati; Safina Aliyah Dewi; Dwi Mei Laila; Shofia Hanifah
Journal of Legal and Cultural Analytics Vol. 2 No. 4 (2023): November 2023
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v2i4.6735

Abstract

One of the most important aspects of Indonesian culture is marriage. One topic that is considered very close to the essence of humanity is marriage. There is much debate about what is meant by marriage, especially when it comes to inter-religious unions that occur outside the Unitary State of the Republic of Indonesia. This case study investigates the legal framework of private international law that regulates interreligious unions that occur outside the Unitary State of the Republic of Indonesia. In the case of interfaith marriages that occur abroad, there is disagreement about the legitimacy or legality of marriage in Indonesia for couples who marry in different religious traditions. UU no. 1/1974 regulates marriage and states, in line with the 1945 Constitution, that no religious law or belief system can legitimize marriage. Every marriage performed outside Indonesia is deemed to have occurred between two Indonesian citizens or between an Indonesian citizen and a foreign citizen, in accordance with Pasal 56 Undang-Undang Nomor 1 Tahun 1974. According to Lex Loci Celebrations, a marriage is perfected in accordance with local law when it is performed in accordance with international private law. Interfaith marriages performed abroad are a kind of legal smuggling which is contrary to pasal 2(1) of international civil law and is regulated by it. Regarding legal certainty and how the status of interfaith marriages entered into abroad is treated, this topic will be discussed in a separate section below.
An International Civil Law Approach to the Legal Certainty of Same-Sex Marriage with Differences in Citizenship (Case Study of Ragil Mahardika and Fred Vollert Frederik) Nurhan, Cinta Annata; Erwanto, Nabila Mauldy; Gisna, Eva Shifdlotul; Salsabil R P, Frisca Zalfa; Sabila, Fanim Angelina
Journal of Legal and Cultural Analytics Vol. 2 No. 4 (2023): November 2023
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v2i4.6919

Abstract

The phenomenon of same-sex marriage is a phenomenon that is widely discussed in society. The marriage of Ragil Mahardika and Fred Vollert Frederik contains foreign elements when viewed from the perspective of the subjects who are citizens of different countries, Indonesia & Germany. Their marriage can be considered valid in Germany in accordance with the principle of "Lex Loci Celebrationis" which means that the law that applies to a marriage is in accordance with the law of the place where the marriage took place but cannot be said to be valid. If we refer to Indonesian state regulations, the benefit of this writing is to know for sure whether the marriage can be said to be valid or not. The research method used in this research uses normative juridical by studying and analyzing social phenomena that occur in society in order to understand the conditions and solutions to the problems that occur. This article was written about same-sex marriage to find out whether the marriage can be said to be legal or not.
The Use of Prohibited Substances by Athlete are Covered in Doping Offenses Gunawan, Candra; Muchtar, Andhyka; Nasir, Muh.
Journal of Legal and Cultural Analytics Vol. 2 No. 4 (2023): November 2023
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v2i4.6937

Abstract

Doping is the administration of oral or paralytic drugs or concoctions to an athlete with the aim of increasing unnatural accuracy. In Indonesia, the prohibition on the use of doping consisting of prohibited substances and/or methods is regulated in Law Number 11 of 2022 concerning Sports. The use of doping is contrary to the principle of "fair play" in matches and also harms the spirit of sport which upholds the values of honesty and justice. However, currently the law on sports in Indonesia does not yet contain criminal sanctions regarding violations of the use of prohibited substances and/or methods, so it is still based on the Law on Narcotics in imposing sanctions. A normative method based on legal materials as the main source.
Ethics in Law Enforcement: Analyzing the Police Professional Code of Ethics Azzahrah, Shabrina; Tambun, Abigail Citra Tama; Balqis, Adinda Rahma; Prasna, Adeb Davega
Journal of Legal and Cultural Analytics Vol. 3 No. 1 (2024): February 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i1.7263

Abstract

The aims of this research are to examine the regulation of the police code of ethics, to comprehend the role of the police code of ethics in law enforcement, and to investigate the method for enforcing the code of ethics and the punishments that can be imposed on officers who dissolve the code of ethics. The normative legal research method was applied. This study employs a statue and a conceptual method. The legal materials used in this study come from both primary and secondary legal sources. The analysis found that every police officer must conduct themselves with dignity. The National Police Code of Ethics Commission, as well as other institutions such as the National Police Legal Function Bearer, National Police Commission of the Republic of Indonesia, Profession and Security of the National Police of the Republic of Indonesia, and National Police Public Relations Division, carry out the mechanism of The Code of Ethics Sanction in Law Enforcement. Furthermore, police officers who are found to have breached the code of ethics can face both ethical and administrative consequences.
Reforms in the Collegium System: Less Legal, More Ethical Kumar, DR. Santosh; Singh, Dr. Rang Nath
Journal of Legal and Cultural Analytics Vol. 2 No. 4 (2023): November 2023
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v2i4.7310

Abstract

The matter of appointment of judges in the higher judiciary has again become a matter of discussion. Prior to the 99th Constitutional Amendment Act, 2014, under Article 124, the President may after consulting such judges of the Supreme Court and the High Courts of the states, whom the President considers necessary to consult for this purpose, by warrant under his hand and seal, to every judge of the Supreme Court shall appoint. In the case of appointment of a Judge other than the Chief Justice, the Chief Justice of India shall always be consulted. Similarly, according to Article 217, the President, after consultation with the Chief Justice of India, the Governor of that State and in the case of appointment of a judge other than the Chief Justice, the Chief Justice of the High Court, by a warrant under his hand and seal, Every Judge shall be appointed.. In this sequentially in the presented article, an attempt has been made to reveal the intention of the constitution makers in relation to how the appointment process of judges in the higher judiciary should be. Although this article may have a reason to be pro-critic, the truth needs to be disclosed.
Implementation of Indonesian Defense Diplomacy in the South Pacific Region Mahroza, Jonni; Widjayanto, Joni; Yulivan, Ivan; Prakoso, Lukman Yudo; Setiadi, Muhammad Ikmal
Journal of Legal and Cultural Analytics Vol. 2 No. 4 (2023): November 2023
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v2i4.7512

Abstract

Domestically, Indonesia is also facing the dynamics of separatist movements and responding to cases of human rights violations in Papua, threats coming from support from Pacific countries for Papuan independence which then led Indonesia to create a "Look East Policy" as a form of its territorial defense efforts. This study utilized qualitative methods from scientific journals sourced from Google Scholar and official government websites which were then used as references in writing this article. Indonesia's defense efforts go through 2 aspects, namely external and internal. On the external side, the Indonesian government uses economic, cultural and defense diplomacy from the Indonesian Navy. To gather support from countries in the South Pacific and mitigate the risk of Papuan separatism becoming an international issue.
The Role of the National Sharia Arbitration Board in Alternative Dispute Resolution Revano, Mochamad Ricky; Nasir, Muh.; Muchtar, Andhyka
Journal of Legal and Cultural Analytics Vol. 3 No. 1 (2024): February 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i1.7668

Abstract

The Sharia Arbitration Board is an institution whose mission is to resolve disputes peacefully based on Sharia principles without interference from public courts. This effort is made to provide legal certainty for legal subjects in dispute in Sharia economics. Law Number 30 of 1999 regulates that arbitration has the right to resolve problems and disputes related to civil law, including the economic, business, financial, trade, and industrial sectors by applying sharia principles. The method used is a qualitative descriptive and library research approach by analyzing documents, data, and information related to Basyarnas. This research shows that although Basyarnas' role in resolving sharia economic disputes is very important its decision position is binding on the parties.
Arrangement and Implementation of Fulfillment of Health Guarantee Rights for Persons with Disabilities in the Special Region of Yogyakarta Ramadhani, Milenia; Hartanto, Hartanto; Rusdi, Muhamad
Journal of Legal and Cultural Analytics Vol. 3 No. 1 (2024): February 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i1.7683

Abstract

Human Rights (HAM) are rights given to humans simply because they are human. Not because of positive law, but because of their human dignity; So the great attention to people with disabilities, which is carried out by the DIY government, is motivated by awareness of human rights, for people with disabilities who are included in vulnerable groups. The number of people with disabilities in the Special Region of Yogyakarta (DIY) is also quite large, so this research will analyze how the regulation and implementation of fulfilling the right to health insurance for people with disabilities in DIY is regulated.The push to formulate regional level regulations for people with disabilities was carried out by the central government, the DIY regional government and disability advocates or activists as well as people with disabilities. DIY has 4 districts and 1 city, each of which has a disability regional regulation in order to fulfill the regulations for implementing health services for people with disabilities in their respective regions according to their potential. However, existing regional regulations must not conflict with higher regulations, including the DIY Regional Regulation. The implementation of these arrangements means that activities are carried out well. This can be seen from the efforts made by DIY in collaboration with City Districts in health programs and funding for people with disabilities, including assistance with assistive devices. Although obstacles are still encountered, in general it can be said to be going well. Improvement prioritizes valid data collection, coordination between stakeholders and simplifying requirements for people with disabilities who want to fulfill their rights in the health sector.

Page 5 of 19 | Total Record : 184

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