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INDONESIA
FOCUS: Journal of Social Studies
Published by Neolectura
ISSN : -     EISSN : 27982181     DOI : https://doi.org/10.37010/fcs
Core Subject : Economy, Science, Education, Social,
Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other
FOCUS is a Journal of Social Studies Manuscripts for FOCUS must fall into one of the following categories: 1. Sociology 2. Anthropology 3. Psychology 4. Economy 5. Social Geography 6. Politics 7. History 8. Other Social Issues
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 133 Documents
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Legal Protection for Children reviewed from Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection (Case Study of High Court Decision Number 255/PID/2023/PT.BDG) Fajar Irianti, Melinda; Sadat, Anwar
FOCUS Vol 5 No 2 (2024): FOCUS: Jurnal Ilmu Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v5i2.2002

Abstract

Perlindungan hukum terhadap anak merupakan isu penting dalam sistem hukum Indonesia. Anak sebagai kelompok rentan memerlukan perhatian khusus dari negara untuk menjamin hak-haknya terlindungi. Penelitian ini bertujuan untuk menganalisis bagaimana pelaksanaan perlindungan hukum terhadap anak ditinjau dari Undang Undang Nomor 35 Tahun 2014 tentang Perubahan Atas Undang Undang Nomor 23 Tahun 2002 tentang Perlindungan Anak khususnya dalam perkara pidana yang melibatkan anak. Studi kasus yang diangkat adalah putusan Pengadilan Tinggi nomor 255/PID/2023/PT.BDG, dimana terdapat pertimbangan hukum penting terkait perlindungan anak dalam proses peradilan. Penelitian ini menggunakan pendekatan yuridis normatif dengan analisis terhadap putusan pengadilan, peraturan perundang-undangan, dan literatur terkait. Hasil penelitian menunjukkan bahwa meskip peraturan mengenai perlindungan anak sudah cukup komprehensif, namun penerapannya di lapangan masih menghadapi beberapa kendala terutama dari sisi penegakan hukum dan kesadaran masyarakat. Oleh karena itu, perlu adanya peningkatan implementasi peraturan dan sinergi antar lembaga terkait untuk memastikan hak-hak anak terlindungi secara efektif.
Terminasi Diskursus Poros Maritim Dunia dalam Kebijakan Luar Negeri Presiden Joko Widodo Pramudia, Putu Shangrina
FOCUS Vol 6 No 2 (2025): FOCUS: Jurnal Ilmu Pengetahuan Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v6i2.2041

Abstract

This study explores the termination of the Global Maritime Fulcrum (GMF) discourse in President Joko Widodo’s foreign policy. Initially central to his 2014 presidential campaign and early administration, the GMF concept—with its five foundational pillars—was envisioned to transform Indonesia into a maritime-oriented nation, revive its maritime identity, and enhance its role in Indo-Pacific geopolitics. However, as Jokowi’s first term ended, the GMF gradually lost prominence. It was no longer promoted during the 2019 campaign nor prioritized in his second-term foreign policy agenda. Using the frameworks of national role conception, role contestation, and role legitimacy, this paper argues that despite Indonesia's alignment with regional geopolitical dynamics and minimal vertical or systemic contestation, the GMF discourse declined due to Jokowi’s failure to secure horizontal legitimacy among domestic political elites. These internal political constraints ultimately hindered the implementation and legitimacy of the GMF, rendering it irrelevant to Indonesia’s foreign policy during Jokowi’s second term.
Implementasi Hukum Pasar Modal terhadap Praktik Perusahaan Sekuritas di Indonesia Pasca Covid-19 Edina, Sheilla Ariestia; Sudarto, Sudarto
FOCUS Vol 6 No 2 (2025): FOCUS: Jurnal Ilmu Pengetahuan Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v6i2.1931

Abstract

The COVID-19 pandemic had a significant impact on Indonesia's capital market, including securities companies that act as intermediaries in securities transactions. Economic instability and high market volatility created legal challenges in regulatory compliance, policy adaptation, and investor protection. This study aims to analyze the implementation of capital market law on the practices of securities companies post-COVID-19, with a case study on PT. OSO Sekuritas Indonesia. The research employs a normative juridical approach supported by empirical data, including interviews with industry stakeholders and an analysis of policies issued by the Financial Services Authority (OJK) and the Indonesia Stock Exchange (BEI). The findings reveal that the pandemic accelerated digital transformation in the capital market sector, increased regulatory complexity, and strengthened OJK’s role in enforcing legal compliance among securities companies. However, major challenges include regulatory uncertainty, default risks, and stricter supervision. The long-term legal implications of the pandemic highlight the need for capital market policy revisions to be more adaptive to crises, enhanced investor protection, and stronger regulations on digital technology use in securities activities. This study is expected to contribute to the development of Indonesia’s capital market law, particularly in formulating policies that are more responsive to market dynamics and the needs of securities companies and investors.
Pertanggungjawaban Pidana Pelaku Tindak Pidana Perdagangan Wanita Salim, Syukri Niam; Widarto, Bambang; Sudarto, Sudarto
FOCUS Vol 6 No 2 (2025): FOCUS: Jurnal Ilmu Pengetahuan Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v6i2.1945

Abstract

Trafficking in persons is a crime that violates human rights because it involves threats, coercion, abduction, fraud, abuse of power, and aims at prostitution, pornography, violence, exploitation, forced labor, or slavery. The Criminal Code imposes relatively light sanctions that are disproportionate to the impact on victims, so a special law is required to provide both material and formal legal basis. This study applies a normative juridical research method by examining relevant legislation and court decisions. The findings show that trafficking in persons is regulated in Article 297 of the Criminal Code in conjunction with Article 65 of Law No. 39 of 1999 and Articles 2, 4, 11, and 48 paragraph (1) of Law No. 21 of 2007. Criminal liability of perpetrators of women trafficking is enforced through a three-year prison sentence as stipulated in Article 2 paragraph (1) of Law No. 21 of 2007, accompanied by a fine, as the defendant was proven legally and convincingly guilty. This research emphasizes the need for new specific laws, government regulations, and ministerial decrees to clarify legal arrangements, provide greater protection for victims, and ensure heavier sanctions for perpetrators.
Pertanggungjawaban Perdata Dokter atas Tindakan Medis Terhadap Pasien Sunarjo, Andreuw; Sudarto, Sudarto
FOCUS Vol 6 No 2 (2025): FOCUS: Jurnal Ilmu Pengetahuan Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v6i2.1946

Abstract

Medical practice is a service that is in the form of providing assistance or assistance based on patient trust in the doctor and is not a business relationship that is solely oriented towards profit, so the achievement of the medical contract is not the result that will be achieved, but a serious effort. In carrying out their obligations, doctors can make mistakes or negligence when carrying out their profession which is called malpractice. Medical malpractice is not mentioned in the legal regulations on health law or medical practice law in Indonesia because the elements of medical malpractice in the form of errors or negligence have been accommodated in the ethical guidelines and guidelines for the discipline of health service practices as well as from the side of health services and medical practice. For that, it will be further studied how the regulation of civil liability of doctors for medical actions towards patients is based on the laws in Indonesia and how the civil liability of doctors for medical actions towards patients is based on judicial practices in Indonesia. The research method used in this study is the normative legal research method. From the results of the study, it was found that the regulation of civil liability of doctors for medical actions towards patients is in Article 32 letter q of Law 44/2009 in conjunction with Article 66 of Law 29/2004 in conjunction with Article 1238-1239 in conjunction with Article 1365-1366 of the Civil Code in conjunction with Article 23 of PP 32/1996 and the civil liability of doctors for medical actions towards patients by compensating the patient for both material and immaterial losses. The civil liability of doctors for medical actions must be an unlawful act (onrechtmatigedaad), the medical personnel have committed an unlawful act because their actions are contrary to the care and careful attitude expected of them. From the research results for improvement, it is expected that Special Legislation will be made regarding Civil Liability of Doctors for Medical Actions Against Patients in the Law, Legislation, Government Regulations, Permenkes and the Supreme Court and/or Kemenkes issue PERMA, PERMENKES to clarify Civil Liability of Doctors for Medical Actions Against Patients
Penerapan Obstruction of Justice dalam Perkara Tindak Pidana Terkait Pasal 51 Ayat 2 Kitab Undang-Undang Hukum Pidana Kholis, Akhmad Dinul; Sujono, Sujono; Sudarto, Sudarto
FOCUS Vol 6 No 2 (2025): FOCUS: Jurnal Ilmu Pengetahuan Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v6i2.1947

Abstract

Criminal threats for people who do not obey the orders of officials, as stipulated in Article 216 paragraph (1) of the Criminal Code which stipulates that anyone who intentionally does not obey orders or requests made according to the law by an official whose duty is to supervise something, or by an official based on his duties, as well as those who are given the authority to investigate or examine criminal acts; Likewise, anyone who intentionally prevents, obstructs or thwarts an action to carry out the provisions of the law carried out by one of the officials, is threatened with criminal penalties. So, Article 51 paragraph (2) is intended to protect the perpetrator of an order because there is an official order where the protection is something that can be considered reasonable. The research method used is normative juridical. The results of the research are Legal regulations against people who obstruct investigations in the perspective of the Criminal Code that the term obstruction of justice in the Criminal Code. However, several criteria that refer to this problem can be found in several articles in the Criminal Code, including; Article 221 paragraph (1), Article 231 and Article 233. The substance of obstruction of justice is regulated in Articles 21 to 24 of Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 concerning Amendments to Law No. 31 of 1999 concerning the Eradication of Criminal Acts of Corruption. Obstruction of Justice in criminal cases related to Article 51 paragraph (2) of the Criminal Code that provides restrictions on the implementation of illegal office orders. This provision aims to ensure that unlawful superior orders cannot be used as justification to free subordinates from criminal responsibility.
Pertanggungjawaban Pidana Menyampaikan Informasi Palsu yang Membahayakan Keselamatan Penerbangan Sudaryanto, Rio Sempana Andrean; Sujono, Sujono; Sudarto, Sudarto
FOCUS Vol 6 No 2 (2025): FOCUS: Jurnal Ilmu Pengetahuan Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v6i2.1949

Abstract

As a legal state, one of the transportation activities is air transportation. Air transportation is normatively subject to the provisions in Law Number 1 of 2009 concerning Aviation. Based on Article 1 number (1) of the a quo Law, it is known that aviation is a unified system consisting of the use of airspace, aircraft, airports, air transportation, flight navigation, safety and security, the environment, as well as supporting facilities and infrastructure. other general. The research method is normative juridical. The results of the research are: Responsibility for sanctions for perpetrators of criminal acts conveying false information that endangers aviation safety, that liability (criminal) leads to the criminal's conviction, if they have committed a criminal act and fulfill the elements specified in the law. In the researcher's view, there needs to be criminal sanctions in the form of fines or compensation for people on board airplane flights resulting from false information that threatens flight safety. This right can provide a deterrent effect for perpetrators so that they do not harm many people. The judge's legal considerations in Decision Number 43/Pid.B/2018/PN Lbj state that the legal considerations by the Panel of Judges have not provided a deterrent effect, there is a need for sanctions in the form of fines or compensation, so that legal certainty is achieved, because currently there is no legal certainty.
Tanggung Jawab dan Sanksi Hukum bagi Pengemudi Tanpa Dilengkapi SIM Alrasyid, Muhammad Saidi; Sujono , Sujono; Sudarto, Sudarto
FOCUS Vol 6 No 2 (2025): FOCUS: Jurnal Ilmu Pengetahuan Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v6i2.1954

Abstract

The high number of traffic violations is one of the causes of the high number of traffic accidents that occur, one of which is that drivers do not have a driving license. The police must take firm action against traffic violations and implement road traffic enforcement to minimize parties who commit traffic violations and to improve driving discipline in the community. Traffic police have an important role in traffic enforcement, by carrying out traffic tours, registration services and identification of motor vehicles or drivers, and traffic accident investigations. For that, it will be further studied how the legal responsibilities and sanctions for drivers without a driving license are based on Law Number 22 of 2009 concerning Traffic and Road Transportation and the role of the police in ensuring public compliance with the obligation to have a driving license for drivers. The research method used in this study is the normative legal research method. From the results of the study, it was found that the legal responsibilities and sanctions for drivers without a driving license are based on Law Number 22 of 2009 concerning Traffic and Road Transportation, the driving license also functions as a form of legal responsibility for drivers in maintaining their own safety and that of other road users. Drivers who do not have a driving license can be subject to criminal sanctions or fines as regulated in Article 281 of Law 22/2009, namely in the form of a maximum imprisonment of 4 months or a maximum fine of Rp1,000,000 and the role of the police in ensuring public compliance with the obligation to have a driving license for drivers, the Police, especially the traffic unit, continuously, both through preventive activities including guarding, regulating, patrolling and dikmas lantas activities in the form of counseling on traffic knowledge and activities in law enforcement in the form of taking action against traffic violators as an effort to foster a deterrent effect in committing traffic violations. From the results of the study for improvement, it is hoped that the Police must impose severe sanctions in addition to ticketing sanctions against drivers who do not have a driving license and the Government must form new legislation related to drivers who do not have a driving license in the Law, Legislation, government regulations, in order to provide certainty and legal benefits and law enforcement in driving on the highway.
Keterlibatan Masyarakat dalam Pemberantasan Tindak Pidana Narkotika Emhasan, Ramadhan; Sudarto, Sudarto
FOCUS Vol 6 No 2 (2025): FOCUS: Jurnal Ilmu Pengetahuan Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v6i2.2052

Abstract

Narcotics crimes have long been the enemy of the nation and are now increasingly alarming for Indonesia and the world. The production and distribution of narcotics have become massive, not only in big cities but also in rural areas. Perpetrators of abuse are no longer limited to adults but have spread to all levels of society, including students, entrepreneurs, officials, and children. The problem of drug abuse has drawn continuous public attention and discussion, as it threatens the nation’s future. Almost all elements of society emphasize the importance of vigilance, especially in monitoring children’s social interactions to prevent exposure to narcotics. Despite global commitments to combat narcotics crimes, illicit trafficking continues to escalate, indicating that these offenses constitute extraordinary crimes. This study examines the regulation of narcotics crimes under Law Number 35 of 2009 concerning Narcotics and the role of community involvement in eradication efforts. Using a normative juridical research method, the study finds that such crimes are regulated in Articles 111–116 in conjunction with Articles 127 and 132 of Law 35/2009. Community participation includes searching for, obtaining, and providing information on suspected narcotics crimes to law enforcement or the police. The study recommends drafting a special law to strengthen community involvement in combating narcotics crimes, incorporated into the Criminal Code, legislation, government regulations, and ministerial regulations. The government is urged to create a clear and comprehensive legal framework to ensure effective and coordinated efforts in eradicating narcotics crimes.
Penerapan Sanksi Pidana Uang Pengganti untuk Memulihkan Kerugian Negara yang Berasal dari Tindak Pidana Korupsi Iqbal, Fikri Nur; Sudarto, Sudarto
FOCUS Vol 6 No 2 (2025): FOCUS: Jurnal Ilmu Pengetahuan Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v6i2.2053

Abstract

Article 18 paragraph (1) letter b of Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 stipulates that replacement money must equal the assets obtained from corruption. However, differences between the law’s explanatory section and the article’s formulation create ambiguity about its intended purpose, leading to dual interpretations in calculating replacement money. This study, using a normative juridical method, finds that imposing replacement money is a legal mechanism to recover stolen state assets. Success is not merely assessed by the amount ordered by the court or the quantity of assets confiscated, seized, or auctioned by prosecutors, but by how much is actually deposited into the state treasury. In Decision No. 1441/Pid.Sus/2019/PN Mks, involving medical malpractice causing serious injury, the court ruled that a subsidiary prison term could not apply because the defendant, Heru Hidayat, was sentenced to life imprisonment—one of two prison types under Article 12(1) of the Criminal Code. Consequently, prosecutors must locate, seize, and auction his assets to fulfill the replacement payment within his lifetime.

Page 13 of 14 | Total Record : 133

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