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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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The Model of Appointing Judges of the Constitutional Court in a Constitutional Democracy Prastiwi, Dian Eka; Yusdiansyah, Efik
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.v3i2.9381

Abstract

The very existence of the Constitutional Court is interpreted as a constitutional tribunal, which then becomes a new branch of power included in the judicial power. The model for appointing judges to the Constitutional Court may affect the independence and impartiality of the judiciary. In order to implement changes and improvements in the appointment of judges in Indonesia, we need to look at the model of appointment of constitutional judges in other countries. The aim of this research is to analyse the model of constitutional judges' appointment in Indonesia and compare it with the models of constitutional judges' appointment in other countries. The research method used is normative legal research by examining primary and secondary legal materials related to the appointment of constitutional judges. The research results show that there are several models of constitutional judge appointments in different countries, namely models involving the executive and legislative branches, models involving only the legislative branch, models involving all three branches of government, and models conducted by special institutions. Indonesia itself uses a model involving all three branches of government. This research also compares the system for appointing constitutional judges in Indonesia with other countries such as Germany, Austria and South Korea. The conclusion of this research is that the mechanism for appointing constitutional judges must be carried out in a transparent, independent and accountable manner in order to guarantee the independence of the Constitutional Court.
The Extension of the Honorary Council of the Constitutional Court in Safeguarding the Integrity of Constitutional Court Judges Tuanaya, Halimah Humayrah; 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.v3i2.9394

Abstract

Penelitian ini berujudul ekstensi Majelis Kehormatan Mahkamah Konstitusi dalam menjaga integritas hakim Mahkamah Konstitusi dengan tujuan untuk mengetahui eksistensi Majelis Kehormatan Mahkamah Konstitusi dan Konsep Ideal Majelis Kehormatan Mahkamah Konstitusi dalam menjaga kode etik Hakim Mahkamah Konstitusi. Penelitian ini menggunakan metode penelitian yuridis normatif. Hasil penelitian ini menunjukan bahwa pertama, eksistensi Majelis Kehormatan Mahkamah Konstitusi masih sangat lemah, hal ini dibuktikan banyak hakim Mahkamah Konstitusi yang terbukti melanggar etik. Kedua, konsep ideal Majelis Kehormatan Mahkamah Konstitusi kedepan bisa dilakukan dengan cara memperkuat kedudukan dan kewenangn serta tata cara menyeleksi keanggotaan Majelis Kehormatan Mahkamah Konstitusi, dan dengan cara mengembalikan kewenangan Komisi Yudisial sebagai lembaga pengawas eksternal yang akan mengawasi hakim Mahkamah Konstitusi.
Abuse Against Children: Analysis of the Causes, Impact, and Legal Protection for Victims Based on Child Protection Law Pradini, Yustia Okta; Simanungkalit, Jason A.R.; 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.v3i2.9493

Abstract

Persecution is an arbitary act against other person with the aim of torturing and intentionally causing pain and injury. An abuse can be happened to anyone, especially to a child. Child abuse is a serious problem and it is requires more attention on the legal aspect. Persecution is an act that against the law and is contrary to the implementation of human rights, where all humans have their right to lives. This research aims to analyze thr causes, impacts, and legal protection toward children whose a victim of children abuse. By using a normative legal approach with a normative juridical approach methods which is carried out by examining theories, concepts, and related legislations.
Legal Approach to the Sale of Imported Second-Hand Clothing in Stores to Protect Consumers Refangga, Galih Setyo; Sujiantoro, Hibertus; Febriana, Linda
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.v3i2.9570

Abstract

Certain individuals in Indonesia have started to participate in the trade of selling second-hand clothing imported from nearby nations. For certain individuals, this location serves as a means of making a livelihood by engaging in the trade of purchasing and selling second-hand imported garments. According to Article 47, paragraph (1) of Law Number 7 of 2014 on Trade, it is mandated that all importers must bring in items in a brand new condition. In addition to the implementation of Minister of Trade law Number 40 of 2022, which specifically states and mandates the destruction of imported used apparel that is being sold in Indonesia after the law comes into effect
Wakalah: Legal Analysis and Its Aspects Simanungkalit, Jason Aaron Riado; Pradini, Yustia Okta; Allariksyah, M. Satria; Heryadi, Raihan; Rahmawati, Esa; Mahipal, Mahipal
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.v3i2.9770

Abstract

Wakalah is a concept in Islamic law that allows a person to appoint a representative or agent to carry out tasks or transactions on their behalf. A wakalah agreement is an agreement where the first party gives power or mandatory to the second party. It is impossible for each individual to handle all matters only by themselves. Therefore, Allah SWT has established rules about how the wakalah contract can be carried out, providing benefits for us. Wakalah comes from words “wakalah-yakilu-waklan”, which means submission or giving authority to a representative. Wakalah can be interpreted as handing over tasks that a person can carry out independetly to another person, so that the person carries out these tasks throughout his life. This paper aims to provide an in-depth analysis of wakalah from the perspective of Islamic law, as well as identifying the key aspects involved.
Single Presence Policy in Indonesian Banking Muchtar, Andhyka; Widodo, Widodo; Habeahan, Rasman
Journal of Legal and Cultural Analytics Vol. 3 No. 3 (2024): August 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i3.9885

Abstract

The sole ownership policy in Indonesian banking is regulated in Bank Indonesia Regulation Number 14/24/PBI/2012 concerning Sole Ownership in Indonesian banking which is then supplemented by Bank Indonesia Circular Letter Number 15/2/DPNP dated 4 February 2013 concerning Sole Ownership in Indonesian Banking. This research was created to find out about the regulations and implementation of sole ownership policies in banking in Indonesia. The research uses normative juridical research methods. The research results state that the implementation of the sole ownership policy in banking in Indonesia is carried out through the merger or consolidation of controlled banks, forming a Holding Company in the Banking Sector (Bank Holding Company/BHC), forming a Holding Function. There is a need for further study regarding the implementation of the sole ownership policy in banking in Indonesia.
Legal Protection for Land Owners Regarding the Provision of Land Compensation Costs Due to Land Acquisition for Public Interest Saragih, Joy Zaman Felix; Sitorus, Rolib
Journal of Legal and Cultural Analytics Vol. 3 No. 3 (2024): August 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i3.10003

Abstract

Indonesia as an agricultural country, which has a very large area of agricultural land and has the potential for yields to fulfil the needs of the community. The potential is generally such as agricultural products such as rice, corn, sweet potatoes, and various other palawija, and also plantation products such as oil palm, rubber. Various potential results, so that the land has a high quality and price and has a high level (income) of income from the processing of agricultural land and plantations. Ownership of such land by legal subjects, both individuals and legal entities, is inseparable from the reach of government supervision, and can transfer ownership rights to the government if development is carried out in the public interest. The public interest can be in the form of the construction of toll roads, hospitals, and several other public facilities as mandated by UU No. 2 Year 2012. The community will receive compensation for the land that the state has taken, and if they disagree with the nominal amount of compensation, they may file a lawsuit in the District Court in accordance with the land's legal location. The government will first determine the price of the local object when carrying out land acquisition and revocation from the community. The purpose of this research is to discuss the acquisition and revocation of community land rights. The research method used is normative juridical (normative legal reasearch), namely by collecting secondary data consisting of laws and regulations and various sources of literature review. The analytical approach is to determine the fulfilment of rights received by the community in the context of the acquisition and revocation of land rights by the government, as mandated by UU No. 2/2012
Analysis of the Influence of Legal Policy on the Financial Performance of Companies in the Manufacturing Sector: Case Study Using the Anova Method Sanusi, Sanusi
Journal of Legal and Cultural Analytics Vol. 3 No. 3 (2024): August 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i3.10004

Abstract

This study aims to evaluate the effect of legal policy implementation on the financial performance of companies in the manufacturing sector using a quantitative research design with case studies. The population in this study are manufacturing companies in Indonesia. Sample selection using purposive sampling. The data used are primary data and secondary data by distributing questionnaires using the ANOVA test. The results showed a significant difference in the company's financial performance between the period before and after the implementation of the legal policy, with a p-value of 0.032 (p<0.05). This shows that legal policy has a real impact on the financial performance of companies in the manufacturing sector so that a stable legal framework is needed to encourage optimal financial performance.
The Important Role of Social Media in Improving the Performance of Law Enforcement Apparatus in Indonesia Ramadhani, Milenia
Journal of Legal and Cultural Analytics Vol. 3 No. 3 (2024): August 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i3.10285

Abstract

The very rapid development of the number of Internet and social media users in Indonesia is affecting all communication and interaction spaces in society. One of them can be a strength in controlling the performance of law enforcement officials. This article attempts to explain the important role of social media in efforts to improve the performance of law enforcement officials in Indonesia. The method used in this research is qualitative research on empirical law with data collection techniques carried out by literature study. The results of the research show that the important role of social media in efforts to improve the performance of law enforcement officials includes as a fast disseminator of information, as advocacy and support for certain cases, as a public pressure provider on officials and the government, exposing cases that are not exposed by conventional media, as media for monitoring accountability and transparency, and as a place for inclusive discussion and debate. The important role of social media should not be overshadowed by the negative impacts of social media such as societal polarization, unequal access, hoaxes and fake news, intimidation and verbal violence. Therefore, anticipation is needed such as digital literacy, social media regulations, education and awareness as well as increasing empathy and sympathy using social media.
Cybersecurity Law Exploration: Personal Data Protection in 2023 Reformasi, Titis Pandan Wangi; Buamona, Hasrul
Journal of Legal and Cultural Analytics Vol. 3 No. 3 (2024): August 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i3.10376

Abstract

In the ever-evolving digital era, an in-depth exploration of the cybersecurity legal framework is a must. This article examines the background and discussion of personal data protection in 2023. It provides a comprehensive overview of the current cybersecurity landscape, identifying key trends and threats faced by individuals, businesses, and governments. The focus then shifts to regulatory and compliance analysis, exploring potential changes and evaluating the adequacy of current regulations. Next, we outline the latest technologies used in data protection, detailing the role of artificial intelligence (AI) to blockchain in strengthening cybersecurity. Ethical aspects are also highlighted, exploring how efforts to improve security can be balanced with individuals’ right to privacy and preventing abuse of power by authorities. Through analysis of key cases in 2023, this article highlights real-world experiences related to personal data breaches. From here, readers can gain a deeper understanding of how cybersecurity law is evolving and addressing the ever-growing threats in this digital era. This article aims to provide a holistic view, educating readers about the current challenges and innovations in personal data protection and contributing to a deeper understanding of the field.

Page 7 of 18 | Total Record : 180

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