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All Journal FOCUS: Journal of Social Studies
Suriyanto Suriyanto
IBLAM School of Law
Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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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.
Co-Authors Rode Parohon Santoso Hutabarat Topan Ridwan