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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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The Role and Involvement of Indonesian Ministries and Local Institutions in Handling Rohingya Refugees in Aceh Kesuma, T. Meldi; Kadir, M. Yakub Aiyub; Siregar, M. Ridha; Halim, Hendra; Siregar, Muhammad Rizqi; Humaira, Radhia; Nisva, Raisa Ullya; Saddaq, Mizan; Maulana, M. Rizki
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.v3i3.10631

Abstract

This study investigates the involvement and role of Indonesian government ministries and agencies in managing Rohingya refugees in Aceh. It explores key factors influencing the refugee situation, including policy frameworks, resource allocation, and inter-agency coordination. Using qualitative interviews with officials from relevant departments, the research provides an in-depth analysis of the challenges and strategies employed. Findings highlight significant gaps in coordination and resource management, suggesting the need for enhanced policies and greater international cooperation. The study contributes to the understanding of refugee management in Indonesia and offers recommendations for improving policy implementation and support mechanisms for refugees.
A Speech Act Analysis of the Language of Protest in 2020 Endsars Protest in Nigeria Eze, Cyprian Chidozie; Chukwuezi, Emmanuel Eziaku; Umelo, Ngozi Jovita N.; Umeh, Ifeyinwa J.
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.v3i2.10690

Abstract

This study evaluates the language of protest which has been examined using different approaches. Certain linguistic features such as claim, threat, demand, appeal and dissatisfaction have been reported. However, it appears that similar studies are yet ti be done in Nigeria despite constant occurrence of protest in the country. The present study examines the language of protests in Nigeria using the 2020 EndSars protest. The data for the study were collected from social media and reputable news platforms, 36 data were gathered and grouped under their linguistic features. This research reveals that more demands were made during the course of the 2020 EndSars protest. Both quantitative and qualitative methods of findings from the analysis were employed. The statements of the protest were explicitly explained and the percentage for each linguistics feature was drawn and presented in tables.
The Mistaken Implementation of the Destination Principle to the Value-Added Tax Collection Partners of State-Owned Enterprises (The Study of Case Number 1263/PID.SUS/2019/PN.JKT.PST and 678/PK/PID.SUS/2023) Purnomo, Chessa Ario Jani
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.v3i3.11045

Abstract

MAS's first instance decisions in sentenced him to prison and fined him for violating Article 39 paragraph (1) letter i of Law Number 16 of 2009 and acknowledged his VAT debt settlement. At the judicial review level, the criminal fine of 3 times the VAT owed was not proportional (double jeopardy) and the VAT was overpaid, and the Prosecutor was ordered to return it to the defendant MAS, but the person was still criminally guilty. Additionally, the value-added tax law extends the destination principle to state-owned firms. The analysis shows that the defendant MAS's actions constitute administrative tax acts due to the broadening of the destination principle in Article 16A of Law Number 42 of 2009.
A Responsive and Fair Approach to Trialling Women Perpetrators of Corruption Crimes (Case Study of Corruption Cases with Female Perpetrators in Case Number 28/2022 at the Pontianak District Court) Syarifudin, Urif; Azis, Hasnah; Rahmaddani, Imam
Journal of Legal and Cultural Analytics Vol. 3 No. 4 (2024): November 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i4.11681

Abstract

This paper discusses the issue of village fund corruption through a case study involving the defendant, Feridiyana, a 29-year-old woman charged with engaging in a criminal act of corruption during her tenure as the Head of Financial Affairs in Sepang Village, Toho District, Mempawah Regency, West Kalimantan. Feridiyana was charged under Article 3 of the Anti-Corruption Law for her involvement in the misappropriation of village funds, which resulted in a state financial loss of Rp225,229,176.25. Using a gender-responsive and fair approach, this paper examines the subordinate role played by the defendant in the crime, as well as the pressure exerted by the main actor, the Village Head, Joni Fri Harianto. This research emphasises the importance of courts considering the social context differences between male and female perpetrators in corruption cases to prevent gender bias. The findings aim to provide new insights for law enforcement in adjudicating corruption cases involving women and to encourage more inclusive policies within Indonesia's criminal justice system.
Bank's Responsibility for Customer Money Losses in Inter-Bank Transfer Errors (Study of Decision No. 148/PID.SUS/2021/PN SBY) Sitorus, Rolib; Saphira, Felicia
Journal of Legal and Cultural Analytics Vol. 3 No. 4 (2024): November 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i4.11904

Abstract

This study aims to determine the bank's responsibility for customer money losses in the event of an interbank transfer error in case NO 148/PID.SUS/2021/PN SBY ​​and how legal protection for customers for losses due to incorrect transfers in the decision (NO 148/PID.SUS/2021/PN SBY). The research method used by the author in this study is the juridical-normative legal research method. The juridical-normative method is an approach carried out by examining the approach of theories, concepts, reviewing laws and regulations related to this research or the legislative approach. Normative juridical research is legal research that positions law as a building of a normative system. The normative system in question is regarding the principles, norms, rules of laws and regulations, agreements and doctrines (teachings). This normative research is research on legal systematics, namely research whose main purpose is to identify the definitions or bases in law. Based on the results of the study, it shows that the bank's accountability carried out in accordance with applicable legal provisions is the management of PT. Bank BCA has admitted to making efforts to resolve the matter through deliberation and Ardi (as the recipient of the wrongly transferred funds) based on Bank BCA's records, Ardi was given 2 (two) notification letters of the wrong transfer and BCA has asked him to return the funds since March 2020 and Bank BCA has issued a warning to Ardi. If the bank makes a mistake in transferring funds, they must prove that there has been an error in sending, and if they find out, the bank must immediately collect the funds.
Legal Liability for Doctors' Malpractice Through Liability Insurance Lavenia, Mela; Khoironi, Moh.Luay; Widiastuti, Widiastuti; Ngura, Serlin Peda
Journal of Legal and Cultural Analytics Vol. 3 No. 4 (2024): November 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i4.12389

Abstract

This study discusses the problems faced by doctors in Indonesia regarding their responsibility towards patients as third parties for their negligence resulting in medical malpractice against patients that is believed to have caused harm to the patient. Through a regulatory approach, this study analyzes the legal framework that regulates the urgency of doctors to obtain professional liability insurance, the requirements that must be met by doctors to file liability insurance claims, and the obstacles that doctors often face when applying for liability insurance. By considering different legal perspectives, this study aims to provide a deeper understanding of the legal solutions faced by doctors when committing medical malpractice or medical disputes.
The Impact of Economic Factors as Causes of Domestic Violence in the Family (A Study of Besilam Village, Langkat Regency) Sendy, Beby; Rossanty, Yossie; Hawawari, Muhammad Fadhiil
Journal of Legal and Cultural Analytics Vol. 3 No. 4 (2024): November 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i4.12482

Abstract

Domestic Violence (DV) is a pervasive phenomenon that causes significant harm to all parties involved, encompassing social, psychological, and economic dimensions within the familial context. This study seeks to examine and elucidate the economic factors that contribute to the incidence of domestic violence in Besilam Village, Langkat Regency. Employing a qualitative research design through field study methods, data were collected via in-depth interviews with individuals who had either experienced or witnessed domestic violence, supplemented by participatory observations within the local community. The findings underscore the critical role of economic factors in precipitating domestic violence in the study area. To mitigate domestic violence in this village, a multidimensional approach integrating economic, social, and educational strategies is imperative. Moreover, the involvement of governmental and institutional stakeholders is essential in providing protective measures and support services for victims. Social campaigns aimed at enhancing public awareness of the adverse impacts of domestic violence are equally crucial. Domestic Violence (DV) also encapsulates gender-based violence within the private sphere. This form of violence frequently occurs in close personal relationships where the perpetrator is a familiar and trusted individual, such as a husband against his wife, a father against his child, an uncle against a niece or nephew, or a grandfather against a grandchild. Additionally, domestic violence is often characterized as violence against women perpetrated by family members bound by consanguinity.
Pakistan's Diplomatic Maneuvering: Facilitating Sino-American Rapprochement in 1971-72 - A Historical Approach Ismail, Aneta; Arif, Muhammad; Yong, Wang; Weihong, Wang
Journal of Legal and Cultural Analytics Vol. 3 No. 4 (2024): November 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i4.12499

Abstract

This paper examines the vital role, which Pakistan played in bringing about the Sino- American normalization in 1971-72. The study shall add to Cold War diplomacy by uncovering Pakistan’s strategic location that facilitated top secret negotiations that escalated to Dr. Henry Kissinger’s visit to Beijing followed by President Nixon. As such, this research, based on the analysis of declassified documentation, memoirs, and oral histories analyzes the change in perceptual categorization of Pakistan from a minor to a gross strategic actor. This concern focuses the historical research for the period of 1971-72 and it uses historiographical sources. Findings indicate that Pakistan’s role in geopolitics specifically highlights the significance of the role of small states in major diplomatic shifts during the Cold War.
The Implementation of Law in Bureaucratic Reform: Challenges and Solutions for Efficient Governance Teguh, Adean
Journal of Legal and Cultural Analytics Vol. 3 No. 4 (2024): November 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i4.12876

Abstract

Bureaucratic reform through legal implementation is essential for achieving efficient, transparent, and accountable governance. This article examines the challenges faced in implementing laws to drive bureaucratic reform and explores viable solutions to overcome them. Key challenges include systemic corruption, resistance to change within a bureaucratic culture, overlapping regulations, weak law enforcement, and limited public participation. These obstacles hinder efforts to establish good governance and often result in inefficiencies in resource management and public service delivery. The article proposes a systematic and comprehensive approach to address these challenges. Simplifying regulations through harmonization and evidence-based policymaking is emphasized to reduce legal overlaps. Strengthening the enforcement of laws, including the imposition of strict sanctions for violations, is identified as a critical measure. Moreover, enhancing the competence of civil servants through legal education and professional training is recommended to foster a culture of innovation and accountability within the bureaucracy. Public participation is also highlighted as a vital factor in ensuring transparency and oversight in policy implementation. Drawing on best practices from other countries, the study identifies strategies that could be adapted to Indonesia’s context. It concludes that achieving efficient governance requires the collaborative commitment of government, society, and the private sector. By addressing these challenges with legal frameworks and strong governance principles, a reformed bureaucracy can significantly improve public trust and deliver better outcomes for citizens.
Implementation of Legal Mathematics in Case Resolution Corruption Crime in Indonesia (Case Study of the Harvey Mouis Case at the Central Jakarta Corruption Court) Antonius Maria Laot Kian
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13305

Abstract

The purpose of writing this scientific article is to find out and analyze the implementation of legal mathematics in resolving criminal acts of corruption in Indonesia. This article is motivated by the many decisions of the panel of judges which impose varying lengths of sentences from one judge to another, so this raises questions among the public regarding the consistency and legal certainty in imposing sentences for perpetrators of criminal acts of corruption in Indonesia. Harvey Mouis' decision in a corruption case further strengthens the public's suspicions about the Panel of Judges who decided the case, that this decision did not provide justice considering that the punishment given was deemed not commensurate with the losses caused to the state. The results of this research show that differences in judges' decisions regarding the length of punishment in corruption cases are due to the absence of standard guidelines regarding the length of the sentence which are adjusted to the amount of loss caused to the state. What exists so far is only the minimum and maximum punishment limits without paying attention in detail to specific losses. Therefore, in resolving cases of criminal acts of corruption, legal mathematics is required so that judges can increase transparency and accountability in the decision-making process, as well as minimize the occurrence of criminal disparities that often occur in cases of criminal acts of corruption in Indonesia.

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