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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 180 Documents
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Minimal Socialization to the Community Regarding Legal Requirements for Working Abroad Causes an Increase in Human Trafficking of Workers from East Nusa Tenggara Bait, Intan Yuningsi Puspitasari; Mustika, Arinda Diah Nur; Wibowo, Ari; Ferdiyansyah, Imam Denis; Krisdiyanto, Ahmad; Nawipa, Stepanus; Wangge, Ketrina Novika; Ama, Jefrianus Tamo; Kadir, Syukron Abdul
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.v3i1.7817

Abstract

Every Indonesian citizen has the right to get a decent job as stated in the 1945 Constitution of the Republic of Indonesia Article 27 paragraph (2), however, due to limited job opportunities in Indonesia, many Indonesian citizens choose to work abroad. Therefore, the government has facilitated access to work abroad. Then, because of the increasing number of cases of human trafficking that occur among workers from Indonesia which is caused by the massive distribution of illegal labor, there are also legal regulations that regulate this matter, namely Law Number 21 of 2007 concerning Eradication of the Criminal Act of Trafficking in Persons and Government Regulation Number 46 of 2015 concerning Handling Victims of Human Trafficking Crimes. The method used is normative juridical research which focuses on das sein and das sollen, accompanied by data analysis of human trafficking cases to find out the factors of increasing cases of human trafficking in workers in Indonesia, then provide solution suggestions for the government to reduce the problem of illegal labor distribution. with a mass outreach program to the public containing an explanation of the legal protection of migrant workers, the risks of illegal workers, as well as legal conditions for working abroad.
Juridical Analysis of Interim Decisions in Cases of Embezzlement in Office: Case Study of Decision Number 664/Pid.B/2013/PN.Jkt.Sel. Kartiko, Nafis Dwi
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.v3i1.8112

Abstract

This research focuses on the juridical analysis of interlocutory decisions in cases of embezzlement in office, with a case study of RD. Yudi Suyud Indriardi and PT Employee Cooperative. Indonesian post. Existing studies generally take a normative approach to the regulation of legal processes, but are still limited in providing analysis of the application of these laws in actual judicial practice. This research aims to fill this gap by providing a more concrete analysis and possible solutions to the inconsistencies that exist in interlocutory decisions. The research method used is a normative juridical approach using primary and secondary legal materials. In-depth and focused research on cases such as RD Yudi Suyud Indriardi will produce new insights regarding the application of Article 143 of the Criminal Procedure Code which aims to strengthen the legal basis of judges' decisions and guarantee the rights of defendants. This research makes a significant contribution to theoretical understanding and practical application in the justice system. By examining cases and court decisions, this research contributes to the enrichment of existing legal literature by providing an in-depth analysis of the extent to which judges' considerations influence the validity and quality of decisions. From a practical perspective, this research demonstrates the need for precision in the writing and formulation of indictments and judge's decisions, which must meet the standards set by law. This research also emphasizes the importance of better understanding of Article 143 of the Criminal Procedure Code among legal practitioners.
National Development and the Place of Multi-Languages: Nigeria in Focus Duru, Lilian Oluchi; Onyinyechi, Udushirinwa Ijeoma; Nonye, Nnani Henrietta
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.v3i1.8117

Abstract

Difference in Languages been an issue of growing social importance because a majority of all living languages are threaded in their continued existence, the aim of this study is to appreciate the idea of different languages may be as an instrument of national development and wealth creation, the meeting point between Multilanguage and national Development, to give it some valuable suggestions which might be of help in language planning in multi-language and multicultural setting like Nigeria, to buttress this point, this study some questionnaires, of which the respondents were a total of one hundred copies were collected for the research, the respondent are the students of English department and from other departments in Abia State University. A percentage and a frequency table, the data were properly analyzed. The outcome or result obtained showed that multilingualism or linguistic diversity did not project or promote disintegration in the country; rather the linguistics diversity in Nigeria has been a national resource which help to move the country forward and not taking multilingualism to be an instrument for national disintegration. In conclusion, the researcher made some recommendations that both the people at the helm of affairs should help in promoting national development through the use of multilingual policy in the country and the dissemination of information materials to the public like newspapers, posters, computer application and hold programmes to promote multilingualism.
Consumer Protection of Personal Data in the Era of the Industrial Revolution Haryadi, Wida Ramona
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.v3i1.8150

Abstract

The thesis entitled Consumer Protection of Personal Data in the Era of the Industrial Revolution written to analyze how Consumer protection of Personal Data listed on the Privacy Policy of a social media. The type of research that the author uses in normative legal research, namely legal research that places law as a building system of norms. The system of norms in qeustion are in  regarding the principles, norm, rules of laws and regulations, court decisions, agreement and doctrines (teachings). The research results obtained are, First, to be protected and feel secure in the protection of personal data in the privacy policy contained in the SNS not to be disseminated without the permission of the owner of the personal data. to avoid selling consumer information to third parties, which has the potential for cybercrime such as: scams, phishing, password leaks, hacked and profiling. Second, The intervention that can be carried out by the State is to make laws and regulations to protect a person's personal data from a privacy policy that is not in accordance with existing norms.
Analysis of the Copyright Dispute Decision Between Djanuar Ishak and PT. Elang Prima Retailindo: Study Of Commercial Court Decision Number 35/PDT.SUS-COPYRIGHT/2021/PN JKT.PUS Kartiko, Nafis Dwi; Soegiono, Samuel Putra
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.v3i1.8335

Abstract

This research aims to analyze the legal aspects involved in copyright protection in Indonesia and provide recommendations for the improvement of copyright protection, particularly regarding copyright enforcement in the use of works for advertising purposes without permission. Using a normative-doctrinal juridical approach, this research investigates the legal framework governing copyright in Indonesia through a systematic analysis of relevant legislation, principles and rules of law. The research focuses on the internal assessment of Indonesian positive law by exploring the prevailing legal conceptions and principles, examining Case Number 35/Pdt.Sus-Copyright/2021/PN Jkt.Pst as the main case study. The results show the importance of the state in protecting intellectual property rights to maintain dignity and respect for individual works. This research is expected to enrich the intellectual property law literature and increase public awareness and understanding of the importance of asking permission to creators when using their works, as well as encourage the government and relevant institutions to take concrete steps to strengthen copyright protection.
The Deed of Heirs or Obtain rights within The Confidentiality of The Notary's Position Suprayitno, Suprayitno; Tony, Tony; Alnas, Mujib Medio; Teodoran, Vincent; Nawawi, Vivi Damayanti
Journal of Legal and Cultural Analytics Vol. 3 No. 2 (2024): May 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i2.8570

Abstract

A notary is a public official who has the authority to make authentic deeds and has other authorities as intended in Law no. 2 of 2014 concerning Amendments to Law no. 30 of 2004 concerning Notary Positions (UUJN) and based on other laws. The problem in this paper is how to provide documents by a notary to parties who have a direct interest in the deed, heirs or people who have the right to do so within the confidentiality limits of the notary's office. The notary's authority to provide documents as intended in article 54 UUJN is limited by the notary's obligation to keep it confidential as intended in article 16 paragraph (1) letter f, the exception is if there are statutory provisions that determine otherwise. The party with a direct interest in the deed, on the one hand, is the person who signs the deed in front of a notary or is a party to the deed, and on the other hand, this person is the person who has rights and obligations regarding what is regulated in the deed. Furthermore, those included in the heirs are the heirs of people or parties who have a direct interest in the deed. Meanwhile, a person who is categorized as a person who has rights is a person who has or obtains rights related to what is stated in the deed, although this person or party does not have to be the person who signed the deed.
Analysis of Partnership Principles of Small and Medium Enterprises (UKM) in BUMN Minister Regulation No. PER-05/04/2021 Against PT. Perkebunan Nusantara III Medan Sunarto, Atika; Adnan, Muhammad Ali; Zulkifli, Suhaila
Journal of Legal and Cultural Analytics Vol. 3 No. 2 (2024): May 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i2.8685

Abstract

This research can be categorized as a type of observational legal research with a survey method. In observational research, the author makes direct observations in the field to collect information and data relevant to this research topic. Further, in terms of the nature of the research, it is descriptive in nature. This research was carried out in the PTPN III Medan environment, with the center of research attention being at PT. Nusantara Plantation III (PTPN III) Medan. The location of PTPN III Medan is located in the Medan area, and this company has become the focus of research because of its involvement in the implementation of the SOE Minister's regulations regarding partnerships with Small and Medium Enterprises (UKM) actors in the region. The data collected will be processed and grouped based on findings from research, interviews and questionnaires. Data analysis will involve interpreting the results, comparing them with the views of experts, as well as comparing them with applicable laws and regulations. The results of this analysis will help identify the implementation of the Minister of BUMN's regulations in the context of SME partnerships within PTPN III Medan based on dignified justice. Based on the conclusions, although the BUMN Ministerial Regulation provides an important framework, the weaknesses identified in the context of SME partnerships within PT. Perkebunan Nusantara III Medan needs to be addressed. Efforts to overcome these obstacles need to be carried out strategically, involving related parties including PTPN III and the government, to ensure that SME partnerships can run optimally according to the expected goals. The construction of BUMN Ministerial Regulation Number Per-05/Mbu/04/2021 regarding SME partnerships plays a vital role in ensuring partnerships that are based on fair, dignified and sustainable principles.
Analysis of Legal Structural Protection of Terrorism Crimes in Indonesia Based on Legal System Theory Yanto, Yanto
Journal of Legal and Cultural Analytics Vol. 3 No. 2 (2024): May 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i2.9017

Abstract

The enforcement of terrorism cases in Indonesia still has several problems, including the inability to implement Government Regulation Number 77 of 2019 concerning the Prevention of Criminal Acts of Terrorism, and Protection of Investigators, Public Prosecutors, Judges, and Correctional Officers, and the centralized handling of Terrorism cases in Jakarta. In all entities, the enforcement of criminal acts of terrorism is part of the legal structure according to Lawrence M Friedmen's theory which is often used as legal system theory. In this research, the method used is normative juridical research, besides that the research is carried out with a statutory approach, and a case approach. The results showed that Government Regulation Number 77 of 2019 concerning the Prevention of Criminal Acts of Terrorism and the Protection of Investigators, Public Prosecutors, Judges, and Correctional Officers, is still difficult to implement. This is because the guidelines in protecting investigators, public prosecutors, judges, and correctional officers and their families in the case of criminal acts of terrorism who must be given protection by the state from possible threats that endanger themselves, their lives, and/or their property both before, during, and after the case examination process, have not been institutionalized in a regulation or policy by the government to the fullest, based on research, this takes time, not only synergy between stakeholders, such as the budget policy of the finance ministry to the ministry of home affairs and other institutions to sit together to overcome the problems of government regulation number 77 of 2019. On the other hand, the centralized handling of terrorism cases in Jakarta is a priority consideration for the government so that the security factor of the central government in the capital is maximized.
Restorative Justice as an Alternative Approach in Combating Corruption Offenses Octaviyanti, Ary; Yanto, Oksidelfa
Journal of Legal and Cultural Analytics Vol. 3 No. 2 (2024): May 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i2.9148

Abstract

Corruption runs rampant in Indonesia, hindering progress, yet restorative justice promises a fair and sustainable solution to address this issue. This research aims to explore the application of restorative justice in tackling corruption in Indonesia. Utilizing a normative legal research method, the study highlights the challenges faced by restorative justice, such as difficulties in identifying victims and disagreements regarding restitution. The findings suggest that strengthening the norms of state restitution as the primary penalty and establishing recovery mechanisms are essential to bolster restorative justice. The conclusion drawn from this research is that implementing restorative justice in corruption cases allows victims to receive direct compensation from perpetrators, enhances accountability, and reduces the burden on the judicial system by resolving cases outside of court. This research is expected to serve as an effective instrument in combating corruption and rebuilding public trust in the justice system.
Prevention and Legal Protection for Victims of Human Trafficking and Drug Abuse Offenses Pradini, Yustia Okta; Anjani, Maudy; Hosnah, Asmak Ul
Journal of Legal and Cultural Analytics Vol. 3 No. 2 (2024): May 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i2.9196

Abstract

Human trafficking and drug abuse are two complex problems that have a serious impact on people’s lives globally. Besides threatening human rights, human trafficking and drug abuse also damaged individual welfare, disrupt the social order, and also harm the aspect of economies to all countries. Generally, human trafficking involves forced labor, organ trafficking, and also sexual exploitation, which are very damaging and harmingthe victims. On the other hand, drug abuse has became rampant like a pandemic that has spread all around the world and affected the society. Drugs can be very harming, apart from causing a physical harm, it also can caused a mental illnes to it’s victim. In this research, authors will examine the relation between human trafficking and drug abuse, identify how to prevent and also to found the legal protection for the victims.

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