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Literatus
Published by Neolectura
ISSN : -     EISSN : 26865009     DOI : https://doi.org/10.37010
Core Subject : Humanities, Education, Social,
Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences
Literatus adalah jurnal yang diterbitkan oleh Neolectura, diterbitkan dua kali dalam satu tahun. Literatus adalah media publikasi ilmiah dalam bentuk makalah konseptual dan penelitian lapangan yang terkait dengan bidang kajian sosial dan budaya. Diharapkan Literatus dapat menjadi media bagi akademisi dan peneliti untuk menerbitkan karya ilmiah mereka dan menjadi sumber referensi untuk pengembangan ilmu pengetahuan.
Arjuna Subject : Umum - Umum
Articles 27 Documents
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Search results for , issue "Vol 7 No 1 (2025): International Socio-Cultural Scientific Journal" : 27 Documents clear
Kemajuan Teknologi Informasi Dan Telekomunikasi Terhadap Perkembangan Tindak Pidana Cyber Crime Simanjuntak, Dahlan; Sudarto, Sudarto; Sujono, Sujono
LITERATUS Vol 7 No 1 (2025): International Socio-Cultural Scientific Journal
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v7i1.1985

Abstract

The advancement of information technology provides many conveniences for human life, but this advancement also simultaneously gives rise to various problems that are not easy to find a way out of. One of the problems that arises due to the development of information technology is the birth of crimes that are "new" in nature, especially those that use the internet as a tool. Lazaim is known as cyber crime. The research method used is normative juridical. The results of the study are the Influence of advances in information and telecommunications technology on the development of cyber crime that in the advancement of cyber crime technology, dozens of types of cyber crimes occur. Meanwhile, those included in the category of general crimes facilitated by technology include credit card fraud, stock exchange fraud, banking fraud, child pornography, drug trafficking, and terrorism. While crimes that use information technology are defacing, cracking, or phreaking. Currently, the existence of the ITE Law is absolutely necessary for the State of Indonesia, because currently Indonesia is one of the countries that has used and utilized technology widely and efficiently, but does not yet have a Cyber Law. In the view of responsive law which is an approach that adapts to the needs of society and the development of the times. Legal policy in overcoming the influence of technology on the development of cyber crime is divided into penal and non-penal means. Cyber crime is a major challenge in the digital era, but also an opportunity to develop a more responsive and progressive legal system. In the view of progressive law, handling cyber crime must be oriented towards substantive justice, flexibility, and humanization of law.
Sistem Peradilan Pidana Pernikahan Dibawah Umur dalam Perspektif HAM M, Andi Sanjaya; Saimma, Ika Dewi Sartika; Sudarto, Sudarto
LITERATUS Vol 7 No 1 (2025): International Socio-Cultural Scientific Journal
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v7i1.1986

Abstract

This study aims to answer several questions about what causes early marriage and how early marriage affects family life in the concept of human rights. The method used in this study is library research, namely a special search for the purpose of collecting information and logical work that focuses on the object of research and library information, or focuses on solving fundamental problems. The Declaration of Human Rights not only regulates family security, but also states that adult men and women have the right to marry and form a family without restrictions on nationality or religion. Marrying young or marrying at a young age can result in the end of children's education and reduce children's opportunities for physical development, therefore it is considered a violation of human rights. Child Marriage, both male and female, tends to attack women's human rights. The rights of neglected children are also the right to education, the right to growth, development and health. Manipulation of the age of marriage does not actually solve the problem, but creates a new problem, namely that children are not psychologically ready to marry young or underage in the domestic and internal areas.
Tindak Pidana Pencucian Uang Melalui Perbankan di Indonesia Sitanggang, Tikkos; Zein, Subhan; Sudarto, Sudarto
LITERATUS Vol 7 No 1 (2025): International Socio-Cultural Scientific Journal
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v7i1.1987

Abstract

This thesis analyzes the crime of money laundering (TPPU) through banking in Indonesia, with a focus on the implementation of Law No. 8/2010 and the judge's consideration in Decision No. 208/PID.SUS/2018/PT.DKI. The background of this research includes the increase in money laundering crimes triggered by technological advances and globalization, which makes it easier for perpetrators to hide the origin of illegal funds. This research identifies various challenges in the implementation of the law, including the limited authority of relevant institutions, regulations in the banking sector, and constraints in inter-agency cooperation. In addition, this research also evaluates the judges' considerations in decisions relating to the defendant's role in money laundering crimes. The results show that although the law is in place, the effectiveness of law enforcement still needs to be improved through improved regulation and cross-sector cooperation. The follow of the money method in handling Money Laundering Crimes has significant benefits, especially in dismantling financial crime networks.
Legalitas Penerbitan SHGB dan SHM di Wilayah Laut (Studi pada Kasus Pagar Laut di Kawasan Reklamasi Pantai Indah Kapuk) Widyarsih, Rahajeng; Sujono, Sujono; Sudarto, Sudarto
LITERATUS Vol 7 No 1 (2025): International Socio-Cultural Scientific Journal
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v7i1.1989

Abstract

This article discussesnganalyze the legal violations that occurred in the case of the construction of a sea fence as part of the Pantai Indah Kapuk (PIK) reclamation project in Tangerang as well as the Issuance of Building Use Rights (HGB) and Ownership Certificates (SHM) in the sea area which is a complex and controversial issue in Indonesia. The purpose of this study is to determine the legality of the issuance of HGB and SHM in the sea area reviewed from the Basic Agrarian Law (UUPA) and other related laws and regulations and to analyze how the Sea Fence case is resolved. The methodology used in this analysis includes a literature review of various related laws and regulations, a study of project planning documentation, and interviews with environmental and spatial law experts. The analytical approach used focuses on the normative legal aspects by considering the empirical facts that occur in the field. This study also considers the jurisprudence of similar cases that have occurred previously in Indonesia. The results of this study found that it was concluded that the legality of issuing HGB and SHM in the sea area is a complex issue and contradicts the provisions of Article 27 of Law Number 1 of 2014 concerning Management of Coastal Areas and Small Islands. (Law No. 1/2014). The issuance of land rights in the sea area must be carried out very carefully and considering all legal implications as regulated in Presidential Regulation Number 122 of 2012 concerning Reclamation in Coastal Areas and Small Islands. (Presidential Regulation No. 122/2012). This study also revealed complex and multidimensional legal violations in the case of the Pantai Indah Kapuk Tangerang Reclamation Project sea fence. The developer of the PIK 2 area needs to carry out criminal and civil liability based on Law No. 32/2009 and the Criminal Code, through the settlement of applicable laws.
Penegakan Hukum terhadap Pelaku Tindak Pidana Judi Online berdasarkan Teori Keadilan Anugrah , Sandy Kelvin; Rahmat, Diding; Sudarto, Sudarto
LITERATUS Vol 7 No 1 (2025): International Socio-Cultural Scientific Journal
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v7i1.1990

Abstract

Online gambling is a form of cybercrime that must be prevented and eradicated. Law enforcement efforts are needed so that this crime does not continue to develop. This study discusses the regulation of online gambling crimes based on legislation in Indonesia and its law enforcement based on the theory of justice. This study uses a normative legal research method. The results of the study show that online gambling in Indonesia is prohibited in Article 27 paragraph (2) of Law Number 1 of 2024, which includes acts of offering, providing opportunities, making it a livelihood, or being involved in gambling businesses. Violators of this provision can be subject to a maximum sentence of 10 years in prison and/or a maximum fine of IDR 10 billion in accordance with Article 45 paragraph (3) of Law 1/2024. In addition, gambling provisions are also regulated in Articles 303 and 303 bis of the Criminal Code and Articles 426 and 427 of the new Criminal Code (Law 1/2023). Law enforcement based on the theory of justice emphasizes the importance of a balance between the strictness of the law and respect for human dignity. It is hoped that there will be legal updates related to online gambling through the Criminal Code, legislation, government regulations, and ministerial regulations that are able to provide strict criminal sanctions but still pay attention to human rights.
Tinjauan Yuridis Klausul Take or Pay dan Gas Make Up dalam Kontrak Jual Beli Gas di Indonesia serta Akibat Hukumnya Krisologus, Petrus; Sinaga, Niru Anita; Sudarto, Sudarto
LITERATUS Vol 7 No 1 (2025): International Socio-Cultural Scientific Journal
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v7i1.1992

Abstract

Sale and purchase is a business activity aimed at seeking profit. In a sales transaction, there is a party selling goods and another party buying them according to the agreement. The take-or-pay contract is a sales agreement with a condition where the buyer is obliged to take a minimum quantity within a certain period, or even if the buyer does not take or takes less than the required minimum quantity, the buyer still has to pay the seller the price of the minimum quantity. Gas make-up is the buyer's right to take a certain volume of gas that has been paid for as a result of the take-or-pay arrangement. In practice, there are still disputes in the application of this clause due to the presence of significant factors beyond the control of the parties in its fulfilment. Therefore, further research will be conducted on the regulation of the take-or-pay clause and gas make-up in gas sales contracts in Indonesia and the legal consequences of the application of the take-or-pay clause and gas make-up in gas sales contracts in Indonesia. The research method used in this study is the normative juridical research method. The research findings reveal the regulation of the take-or-pay clause and gas make-up in gas sales contracts in Indonesia, including special/specific sales agreements. Sales agreements with the take-or-pay contract clause and gas make-up can be applied/implemented as long as there is an agreement by the parties because they do not conflict with the positive law in force in Indonesia, do not violate public order and decency, and are even in line with Article 1493 of the Civil Code. The legal consequence of the application of the take-or-pay clause and gas make-up in gas sales contracts in Indonesia is that the buyer still has to pay for the goods that were not taken, and the seller must provide the gas make-up during the contract period. Based on the research results, for improvement, new regulations related to the take-or-pay clause and gas make-up in gas sales contracts are to be made in the Law, legislation, government regulations, and the Minister of Energy and Mineral Resources Regulation in accordance with the applicable rules and the legislators, government regulations, and the Minister of Energy and Mineral Resources Regulation to provide certainty on the take-or-pay clause and gas make-up in gas sales contracts, especially when the gas has not passed the upstream delivery point.
Analisis Kontrol Masyarakat terhadap Penegak Hukum pada Trend No Viral No Justice dalam Mewujudkan Keadilan Sihaloho, Hasiholan; Sudarto, Sudarto
LITERATUS Vol 7 No 1 (2025): International Socio-Cultural Scientific Journal
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v7i1.1993

Abstract

The rapid advancement of digital technology has transformed social dynamics, particularly in law enforcement oversight in Indonesia. The phenomenon of "No Viral No Justice" illustrates how public participation through social media platforms such as Twitter, Facebook, and TikTok can significantly influence legal processes. This study analyzes the role of social control exercised by society over law enforcement agencies within the "No Viral No Justice" trend, aiming to achieve justice. The research employs normative juridical methods, supported by case studies of several viral legal cases in Indonesia. The findings reveal that while public pressure through social media often compels authorities to respond promptly and transparently, this phenomenon also exposes weaknesses in conventional law enforcement systems. Some legal cases receive attention only after becoming viral, creating the risk of unequal legal treatment. Furthermore, challenges such as insufficient evidence, procedural delays, and external pressures complicate the pursuit of objective justice. The study concludes that although "No Viral No Justice" serves as an effective mechanism for accelerating law enforcement, it must be balanced with procedural fairness, accurate information dissemination, and judicial independence to prevent distortions of justice
Formulasi Pemidanaan Pelaku Tindak Pidana Pornografi Siber berdasarkan Undang-Undang Nomor 1 Tahun 2024 tentang Perubahan Kedua atas Undang-Undang Nomor 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik Satrio, Bagus; Rahmat, Diding; Sudarto, Sudarto
LITERATUS Vol 7 No 1 (2025): International Socio-Cultural Scientific Journal
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v7i1.1994

Abstract

One type of crime that is growing rapidly through the internet is the distribution of pornographic material, known as cyberporn. To find pornographic sites or cyberporn on the internet, users can search on certain computer networks. Websites that provide pornographic content are deliberately created by site owners to provide pornographic images or videos to users. This will certainly have a negative impact on users. The research method is normative juridical. The results of the study are Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Information and Electronic Transactions that refers to the principle of lex specialist derogate legi generalis which means that special law overrides general law, so here the Criminal Code can be overridden by the Pornography Law and the ITE Law. The formulation of the Panel of Judges' Considerations in Decision Number 290/Pid.Sus/2020/PT.DKI Reviewed from the Perspective of Legal Objectives has not been maximized, considering that the criminal sanctions in Article 45 paragraph (1) of Law Number 11 of 2008 concerning Information and Electronic Transactions state that it is punishable by imprisonment for a maximum of 6 (six) years and/or a maximum fine of Rp1,000,000,000.00 (one billion rupiah). Basically, the ITE Law can ensnare cyberporn, but the problem is in the guidelines for sentencing and the limitations of human resources and technology in enforcing the law against cyberporn perpetrators by law enforcement officers.
Pertanggungjawaban Pidana Rumah Sakit Akibat Kelalaian Pelayanan Tenaga Medis dan Tenaga Kesehatan di Rumah Sakit Wati, Indah; Sudarto, Sudarto
LITERATUS Vol 7 No 1 (2025): International Socio-Cultural Scientific Journal
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v7i1.1995

Abstract

This thesis discusses the liability to patients for negligence committed by medical personnel, Hospitals as one form that can be constructed as a legal entity (corporation) can be categorized as legal subjects that can take legal action so that they can be accounted for. with the problem How is the Hospital's Liability if there is negligence towards patients? And What are the legal consequences for medical personnel and health workers who commit negligence towards patients?. The type of research used in this study is normative research with a descriptive analysis nature. To obtain secondary data, a literature study was carried out. Data were analyzed qualitatively and conclusions were drawn deductively. The conclusion of this study is that in order for health services to run optimally, medical personnel must always act professionally and carefully in carrying out their duties. Hospitals also need to maintain a balance between protecting the rights of patients and health workers by implementing the principle of corporate responsibility and maximizing the supervisory function. This is important to maintain the quality of health services and reduce the risk of negligence that can harm patients.
Analisis Hukum Keselamatan Penerbangan dalam Interaksi Pesawat Udara Komersial dan Pesawat Udara Negara di Bandar Udara Studi Kasus Accident JAL516 dan JA7222A di Bandar Udara Haneda, Tokyo, Jepang Wazier, Ronny; Sujono, Sujono; Sudarto, Sudarto
LITERATUS Vol 7 No 1 (2025): International Socio-Cultural Scientific Journal
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v7i1.1997

Abstract

Aviation safety law regulates the interaction between commercial aircraft and state aircraft, particularly in relation to airspace management and conflict avoidance at airports. The case studies of the JAL516 and JA7222A Accidents at Haneda Airport, Tokyo, Japan illustrate how regulatory violations and lack of coordination between civil and military authorities can pose serious safety risks. In both incidents, commercial aircraft were involved in events that threatened the safety of passengers and crew due to the lack of data transparency and communication between the civil and military sectors. These cases demonstrate the need for the implementation of Flexible Use of Airspace (FUA) to efficiently divide airspace, as well as the use of Collaborative Decision Making (CDM) to ensure effective coordination between stakeholders. The adoption of modern technologies, such as artificial intelligence (AI)-based air traffic management systems, can help identify potential conflicts earlier and provide solutions in real time. In this context, air law must continue to adapt to ensure the protection of civil aviation, prioritizing transparency, increasing international cooperation, and implementing stronger regulations to prevent similar accidents in the future.

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