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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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Settlement of Corporate Crime with Restorative Justice Approach Manurung, Gydeon Irmawan; Martono Anggusti; July Esther
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.v4i1.13521

Abstract

The resolution of corporate criminal offences with a restorative justice approach is an alternative effort in resolving cases involving corporations, which does not only focus on punishment, but also on restoring relationships between the parties involved, as well as efforts to repair the negative impacts caused by the criminal act. In the corporate context, this means that companies involved in criminal offences are not only subject to legal sanctions, but are also required to take social and moral responsibility for the harm caused, both to individuals, society and the environment. This approach has the potential to improve a company's reputation, minimise long-term social impacts, and encourage more ethical and responsible corporate practices. Restorative justice also provides space for companies to make internal improvements, such as reforming policies and procedures that can prevent the recurrence of similar criminal offences in the future. Thus, the resolution of corporate criminal offences through a restorative justice approach not only provides solutions for victims and perpetrators, but also contributes to the development of a more just and sustainable law.
Legal Protection for Minority Shareholders in Joint Venture Cooperation in Public Companies According to Indonesian Positive Law Krisdian Rizki Havana Ndraha; Martono Anggusti; Sovia Febrina Tamaulina Simamora
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.v4i1.13567

Abstract

This writing aims to explore the Legal Protection of Minority Shareholders. Legal Protection for Minority Shareholders in Joint Venture Cooperation in Public Companies According to Positive Law in Indonesia. The research method that the author uses is the normative legal research method normative research method that focuses on understanding the laws and regulations, legal norms and also legal issues related to this writing. The method This method of writing also uses a conceptual approach, namely collecting all sources and primary legal materials and primary legal materials, where the source of this writing comes from books, legal norms and also legal issues related to this writing. Based on the results of this writing, the author obtained the fact that the regulations governing Joint Venture cooperation in Indonesia are still not clearly or explicitly regulated, especially in the protection of the parties. especially in the protection of the parties involved in the joint venture cooperation. the joint venture cooperation including minority shareholders. With the adangan of the Civil Code Civil Code, Law No. 40 of 2007 Concerning Limited Liability Companies and Law Number 25 Year 2007 on Capital Investment can certainly be utilized by the parties involved in joint venture cooperation. utilized by the pharties involved in joint venture cooperation in order to have a strong legal position before entering into a joint venture agreement. before entering into a joint venture agreement
Legal Protection for Retail Investors in the Use of Financial Technology (FINTECH) Lista Ade Sumiati Bondar; Martono Anggusti; Sovia Febrina Tamaulina Simamora
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.v4i1.13569

Abstract

The rapid development of financial technology (fintech) has brought convenience in various aspects of financial transactions, including for retail investors. Despite providing new opportunities, fintech also presents challenges related to legal protection for retail investors, given the lack of clear regulations and the potential risks of fraud, platform bankruptcy, and financial loss. This study aims to examine the existing legal protection for retail investors in the use of fintech in Indonesia. Using an analytical descriptive approach, this study analyzes the existing regulations, as well as the protection mechanisms provided by the Financial Services Authority (OJK) and Bank Indonesia (BI). The results show that although regulations are in place, there are some gaps that need to be addressed, especially in terms of fintech platform transparency and investor rights. This research suggests the need for strengthened regulation and increased supervision to create a safer and fairer fintech ecosystem for retail investors. One of the main challenges is the difficulty in implementing regulations that are flexible but still provide adequate protection for retail investors, given the many fintech business models that continue to emerge.
Legal Analysis of Contract Change Orders (CCO) Affecting Addendums in Construction Contracts Rosiana Agnes Rizky; Martono Anggusti; Jinner Sidauruk
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.v4i1.13573

Abstract

This study examines the influence of Contract Change Order (CCO) on addendum in a contract, focusing on the legal aspects and practical implications in the implementation of construction projects. CCO is an important instrument that allows changes in the scope, cost, and time of a project, which can lead to the issuance of an addendum. Through a juridical-normative approach and case study analysis of the Diponegoro Street Widening and Overlay project in Sragen, this study found that CCO has significant legal power in influencing addendum. The results show that CCO not only affects the cost and time of implementation but also the quality of the final project results. The addendum process is crucial to ensure that all changes are officially recorded, as well as to maintain compliance with applicable regulations. This study concludes that effective change management through CCO and addendum is key to achieving construction project success.
Legal Responsibility of Debtors for Late Repayment of Loans on the Shopee Application: Perspective of OJK Regulation No.10/PJOK.05/2022 on Information Technology-Based Joint Funding Services Fransiska Sinaga; Debora; Jinner Sidauruk
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.v4i1.13575

Abstract

This study aims to understand the legal protection and legal responsibility of debtors in online loan agreements on the Shopee platform. This research is a type of normative juridical legal research, using a legislative approach, a conceptual approach, and a sociological approach. The results of this study are as follows: First, the legal protection provided to debtors of Shopee's Peer-to-Peer Lending (P2PL) loans, regulated by OJK, includes regulations governing peer-to-peer lending services, as outlined in Article 41 of PJOK Number 10/POJK 2022. Second, the debtor's responsibility for late loan payments on Shopee is to pay a fine of 5% of the total bill and record a default in the financial information system, which makes it more difficult to access future loans. If the delay continues, Shopee can freeze the debtor's account and involve a debt collector for collection.
Implications of Franchise Agreements for Default by Franchisees (Case Study: Decision Number 1064K /PDT/2020) Masni Purba; Martono Anggusti; Roida Nababan
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.v4i1.13576

Abstract

This study aims to analyze the rapid growth of the franchise business in Indonesia, which has prompted the government to regulate and protect the legal relationship between franchisors and franchisees through various regulations, including Government Regulation Number 42 of 2007 and the Ministry of Trade Regulation Number 71 of 2019. A dispute case between PT MYSalon International as the franchisor and Ratnasari Lukitaningrum as the franchisee highlights the challenges in implementing franchise agreements in Indonesia. This research was conducted qualitatively with a case study analysis. The research method used is empirical juridical. The case study analysis and literature review are described in this research. The main challenges in franchise agreements include unclear contract clauses, non-compliance with regulations, lack of trust, and operational difficulties in implementing franchisor standards. The impact of these challenges includes lawsuits, contract termination, and damage to business reputation. Based on civil law principles such as consensualism, freedom of contract, and good faith, this study emphasizes the importance of compliance with regulations and transparency in the implementation of franchise agreements to create justice and business sustainability. The study concludes that harmonizing regulations and simplifying administrative processes are necessary to address the challenges in franchise agreements in Indonesia while promoting healthy and competitive franchise sector growth.
Legal Politics in the Perspective of the Constitutional Court's Decision on Presidential and Vice Presidential Candidates Milenia Ramadhani
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.v3i4.13600

Abstract

The Constitutional Court Decision Number 90/PUU-XXI/2023 regarding the age requirements for presidential and vice presidential candidates is an important event in the context of political law in Indonesia. This event gave rise to various legal and political responses and consequences in this country. The article aims to explain the journey and dynamics of the Constitutional Court's decision along with the legal consequences and political impacts that result. The research method is normative juridical research and literature study. Data collection was carried out through library research and study of relevant legal sources. Data were analyzed qualitatively based on relevant legal and library sources. The research results show that the legal and political dynamics that occur in relation to the Constitutional Court's decision regarding the age requirements for presidential and vice presidential candidates are part of a close legal and political relationship. The legal consequence that occurs is that everyone must implement the decision because the Constitutional Court's decision is final and binding and the technical regulations need to be prepared. The resulting political impact was a significant change in the political map. Key words: Constitutional Court, Political law, Presidential election.
Urgency of Medical Justice Post Law Number 17 of 2023 Concerning Health Milenia Ramadhani
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.v3i4.13601

Abstract

Medical dispute resolution in Indonesia has become an important topic along with the increasing number of cases of medical malpractice and negligence. The recently passed Law Number 17 of 2023 concerning Health provides a new direction in regulating medical disputes, emphasizing non-litigation resolution through mediation, arbitration, and a restorative justice approach. However, although this law offers better protection for medical personnel and patients, the urgency of establishing a medical court remains necessary. This is because the existing medical dispute resolution procedures often do not create a sense of justice for both parties, both medical personnel and patients. A medical court that has a specialty is expected to ensure justice by involving judges and experts who understand complex medical issues. Thus, medical courts have the potential to become institutions that accommodate the need for fast, fair, and appropriate resolution of medical disputes in accordance with legal standards and medical professional ethics. This study aims to describe the resolution of medical disputes after the enactment of Law Number 17 of 2023 and analyze the urgency of establishing a medical court to improve the quality of the health law system in Indonesia.
Legal Review of Compensation for Revocation of Land Rights for the Purpose of Toll Road Construction Leyla Vani Panjaitan; Janpatar Simamora; Jinner Sidauruk
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.v4i1.13614

Abstract

Land issues in Indonesia are an important issue that affects people’s lives, especially in the context of infrastrcture development. This study aims to analyze the form of compensation for the recovation of land rights for toll read construction and legal remedies that can be taken by land owners if compensation is not paid. The research method used is normative juridical with a qualitative approach, referring to the applicable laws and regulations, especially Lae No. 2 of 2012 and UUPA No. 5 of 1960. The results of the study show that the land acqusition proscess involves the stages of invertaarization, value determination, deliberation, compensation, and release of land rights. Compensation can be in the form of money, replacement land, resettlement, or shares. In the event of disagreement, the landowner has the right to file an objection to the District  Court and proceed to the Supreme Court if dissatisfied with the decision. This study emphaisizes the importance of legal protection for landowner in the process of land acquisition for the public interest.
Legal Protection of Consumers (Heirs) for Rejection of Life Insurance Claims (Case Study of Supreme Court Decision No. 241 PK/Pdt/2011) Edgar Thomas Butar-butar; Janpatar Simamora; Ria Juliana Siregar
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.v4i1.13651

Abstract

Life insurance is an agreement that binds the insurer and the insured to provide protection against risks that may occur, such as death. This study discussthe procedure for claiming life insurance and legal protection for consumers, especially heirs, in the context of Supreme Court Decision No. 241 PK/Pdt/2011. In the case, the claim filed by the heirs was rejected by PT. Sequis Life Insurance for reason that are considered invalid. This writing uses the normative juridical resaerch method, which is research conducted by researching literature and legal materials thar require secondary data as the main data. The study highlights the importance of a systematic claim procedure, which includes the collection of documents and the stages that must be followed. In addition, consumer legal protection is regulated in the Consumer Protection Act, which supports the rights of policyholders. The conclusion of the study shows that the rejection of claims that do not meet legal obligations can be detrimental to consumers, anf insurance companies must be in good faith and comply with applicable regulations to protect customer rights.

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