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Pertanggungjawaban Hukum Nahkoda yang Berlayar tanpa Izin dan Mengakibatkan Kerusakan Jembatan (Studi Putusan Nomor 5319 K/Pid.Sus/2025) Rode Parohon Santoso Hutabarat; Suriyanto Suriyanto
FOCUS Vol 7 No 1 (2026): FOCUS: Jurnal Kajian Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v7i1.2166

Abstract

In the maritime sector, the Sailing Approval Letter (Surat Persetujuan Berlayar / SPB) serves as a fundamental legal instrument to ensure vessel seaworthiness, safety, and orderly shipping activities. The SPB is not merely an administrative requirement but a mandatory prerequisite before a vessel may commence a voyage. This study analyzes the legal liability of a ship captain who sailed without an SPB and caused damage to a bridge, as examined in Supreme Court Decision Number 5319 K/Pid.Sus/2025, and evaluates whether the judges’ legal considerations align with principles of justice and applicable legal norms. The findings indicate that sailing without an SPB may result in administrative, criminal, and civil liability, particularly when the act causes damage to public infrastructure. The Supreme Court held that sailing without an SPB constitutes a serious criminal offense due to the substantial risks posed to maritime safety and public facilities. The decision affirms the principle of individual criminal responsibility of the ship captain and reinforces the supervisory authority of the harbormaster. Moreover, it provides a deterrent effect and underscores the importance of strict compliance with maritime regulations to ensure safety, legal certainty, and the protection of public interests in national shipping.
Perlindungan Hukum terhadap Pemenuhan Hak-Hak Pekerja dalam Hubungan Industrial (Studi Kasus Putusan Pengadilan Jakarta Pusat Nomor 17/Pdt.Sus-Phi/2025/Pn.Jkt.Pst Topan Ridwan; Suriyanto Suriyanto
FOCUS Vol 7 No 1 (2026): FOCUS: Jurnal Kajian Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v7i1.2167

Abstract

Industrial relations are fundamentally intended to create a balance of rights and obligations between employers and workers; however, in practice, disputes frequently arise, particularly concerning the fulfillment of workers’ normative rights. This study aims to analyze the types of workers’ rights disputed and the legal considerations applied by the judges in the Decision of the Industrial Relations Court at the Central Jakarta District Court Number 17/Pdt.Sus-PHI/2025/PN.Jkt.Pst. This research employs a normative (doctrinal) legal method conducted through library research by examining statutory regulations and court decisions. The findings indicate that the dispute arose due to the employer’s failure to fulfill legal obligations, including unilateral wage deductions, failure to register workers in social security programs, and non-payment of workers’ entitlements after the termination of employment. The Panel of Judges rejected the Defendant’s exception and partially granted the Plaintiff’s claims by ordering the payment of outstanding workers’ rights amounting to IDR 94,362,969.00 to be paid in installments over four months, while other claims were dismissed. This decision underscores the importance of protecting workers’ normative rights and reaffirming employers’ legal responsibilities within industrial relations.
Urgensi Hukum Siber Indonesia dalam Menindak Kejahatan Algoritma Suriyanto Suriyanto
FOCUS Vol 7 No 02 (2026): FOCUS: Jurnal Studi Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v7i02.2309

Abstract

The rapid evolution of algorithms and Artificial Intelligence has given rise to a new category of criminal conduct that conventional criminal law fails to recognize: algorithmic crime. Unlike traditional cybercrime, algorithmic crime operates autonomously, transnationally, and often without direct human mens rea. Examples include 24/7 gambling bots that recruit victims, AI-driven ransomware that selects targets, deepfakes used for fraud, and manipulative algorithms in e-commerce and illegal online lending platforms. This article argues that Indonesia’s cyber legal framework is structurally unprepared. First, substantively, Law No. 1 of 2024 on Electronic Information and Transactions (ITE Law) and Law No. 27 of 2022 on Personal Data Protection (PDP Law) remain anthropocentric, defining perpetrators exclusively as human or legal persons and providing no normative space for autonomous systems as subjects of law. Second, structurally, law enforcement agencies lack digital forensic capacity and are outpaced by perpetrators. Third, culturally, conventional Mutual Legal Assistance (MLA) procedures require an average of nine months, whereas data stored on foreign clouds can be deleted within seven days. Using a normative juridical method with conceptual and comparative approaches, this study identifies three fundamental crises: an ontological crisis regarding the legal subject, an epistemological crisis concerning digital evidence, and an axiological crisis in sentencing philosophy. Without comprehensive reform, Indonesia risks becoming a primary market for algorithmic crime. This article proposes a seven-point roadmap: (1) adoption of a system accountability doctrine to prosecute algorithm controllers; (2) enactment of a Digital Criminal Procedure Code enabling 72-hour takedown orders and cryptocurrency asset seizure; (3) ratification of the Budapest Convention and a reciprocal Indonesian CLOUD Act for cross-border data access; (4) establishment of a specialized Cyber Court and algorithmic auditors under the Supreme Court; (5) shifting sentencing policy from incarceration to asset forfeiture; (6) implementation of a National AI Audit System; and (7) strengthening class action mechanisms for victims. Keywords: Cyber Law, Algorithmic Crime, ITE Law, System Accountability, CLOUD Act, Digital Sovereignty.