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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 172 Documents
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Analisa Hukum Terhadap Kompetensi Penyidik Polisi Militer TNI AU Untuk Menjawab Tantangan Kejahatan Siber (Cyber Crime). Tamrin, Tamrin; 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.v6i2.2045

Abstract

The Air Force Military Police is a unit carrying out the duties and functions of the Indonesian Air Force, which includes carrying out law enforcement and investigating cases within the Air Force, one of which is cyber crime cases involving TNI Air Force personnel. This is very interesting to study further regarding the current legal arrangements and competence of Indonesian Air Force Military Police investigators to answer the challenges of cyber crime as well as obstacles in the strategy to increase the competency of Indonesian Air Force Military Police investigators and efforts to improve legal regulations to answer the challenges of cyber crime. The research method used is normative juridical law with an analysis of statutory and conceptual approaches. Data obtained from primary, secondary and tertiary legal material sources were collected and then analyzed using qualitative data analysis techniques. From the research results, it was found that the regulation of military criminal law regarding cyber crimes by members of the Indonesian Air Force is Law Number 31 of 1997 concerning Military Justice, the Criminal Code (KUHP), Law (UU) Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Information and Electronic Transactions. Obstacles in the strategy to increase the competency of Indonesian Air Force Military Police investigators and efforts to improve legal regulations to address the challenges of cyber crime: budget limitations, availability of human resources, lack of facilities and technology, changes in regulations and technology, coordination and cooperation, complex case challenges, ongoing evaluation and development.
Pembaharuan Hukum Pidana Telematika di Indonesia dalam Mengejar Kemajuan Teknologi di Era Digital 4.0/5.0 Waldi, Wedri; Rahmat, Diding; 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.v6i2.2046

Abstract

In its development, this telematics technology has used the speed and range of electromagnetic energy transmission, so that a large amount of information can be transmitted with a range, according to needs, to the entire world, even to the entire space, and is carried out in an instant. Indonesia does not have a legal definition for cybercrime. Therefore, the right to information in electronic transaction-based transactions is important in its implementation to live life in cyberspace. The research method used is normative juridical. The results of the study are The regulation of telematics criminal law in the digital era 4.0/5.0 currently in effect focuses on legal protection for the responsible use of information and communication technology, including aspects of privacy, data security, and criminal acts committed in cyberspace (cybercrime). In Indonesia, the legal basis governing telematics criminal law has been regulated in several laws and regulations, including: Law Number 19 of 2016, Law Number 27 of 2022 concerning Personal Data Protection, Law No. 1 of 2023, and other regulations are also relevant to telematics criminal law, such as: Law Number 44 of 2008 concerning Pornography and Regulation of the Minister of Communication and Information Number 5 of 2020. The renewal of telematics criminal law in Indonesia in pursuing technological progress in the digital era 4.0/5.0 is a response to the dynamic legal needs to protect society and create justice in the digital world. From the perspective of law enforcement theory, the renewal of telematics criminal law can be analyzed through three main elements: legal substance, legal structure, and legal culture.
Pemenuhan Hak Restitusi Bagi Korban Tindak Pidana Perdagangan Orang Ramadhan, Shendy; Widiarto, 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.v6i2.2048

Abstract

Human trafficking violates human rights as it involves threats, coercion, deception, and abuse of power for exploitative purposes such as prostitution, forced labor, and slavery. Victims of this crime are entitled to restitution as compensation provided by the offender or a third party. This study applies a normative juridical method to examine the regulation and implementation of victims' restitution rights based on Articles 48–51 of Law No. 21/2007, Article 7A of Law No. 31/2014, Government Regulation No. 43/2017, and Prosecutorial Guidelines No. 1/2021. The findings reveal that the implementation of restitution in Indonesia remains ineffective due to weak coordination among law enforcement agencies and limited understanding regarding proof of victims’ material and immaterial losses. Therefore, a specific legal framework is urgently needed to regulate the technical procedures for providing restitution, ensuring that victims of human trafficking receive their rightful compensation effectively, fairly, and in accordance with justice principles.
Sanksi Hukum Tindak Pidana Kecelakaan Lalu Lintas di Indonesia Yosbenhard , Andreas; Rahmat, Dinding
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.v6i2.2049

Abstract

Indonesia, as a state based on law, aims to achieve public welfare, including through a safe and orderly traffic and road transportation system. Roads, being essential infrastructure, require comprehensive regulations to ensure safety and security. Traffic accidents are classified as criminal offenses under Article 310 paragraphs (2), (3), and (4) of Law No. 22 of 2009. These offenses are considered crimes against life and bodily integrity. This study employs a normative juridical method to examine the legal framework and implementation strategy of electronic traffic law enforcement (ETLE) to optimize traffic law enforcement across Indonesia. The findings show that traffic accident crimes are regulated under Articles 103, 338, and 359 of the Criminal Code (KUHP), and Articles 311, 314, and 235 of Law No. 22 of 2009. In addition to criminal penalties, civil liability in the form of compensation may also apply. Negligent drivers causing fatalities may face imprisonment of up to 6 years or a fine of Rp12,000,000. The study suggests the need for new, stricter legislation regarding traffic crimes through updates to the existing laws, Criminal Code, government regulations, and Ministry decrees to improve enforcement
Pertanggung Jawaban Pidana dalam Kecelakaan Pesawat Udara Sipil di Indonesia Safitri, Ira; 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.v6i2.2050

Abstract

Aircraft accidents are events that can have a major impact on aviation safety and legal aspects. This research examines criminal liability in civil aircraft accidents in Indonesia, focusing on legal analysis from both international and national perspectives. This research aims to explore the application of criminal law against perpetrators of accidents caused by negligence, especially pilots in cases of human error. Based on the analysis of applicable regulations, such as the Criminal Code, Aviation Law Number 1 Year 2009, and international provisions in the 1944 Chicago Convention and Annex 13, it can be concluded that aircraft accidents caused by pilot negligence can lead to criminal liability, with sanctions in accordance with existing provisions. This research also identifies challenges in the implementation of legal provisions, as well as the importance of improving aviation safety through stricter regulations and transparent investigations.
Analisis Pelanggaran Kontrak Era Digital sebagai Studi Kasus pada Perusahaan PT. ILMCI Indonesia Internasional Rupais, Andi; 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.v6i2.2051

Abstract

This research aims to analyse the increasingly complex breach of contract in the digital era, with a focus on the phenomenon of breach of contract that occurs in online transactions. This research was conducted at the company PT ILMCI Indonesia International, with the aim of providing theoretical and practical contributions in developing effective strategies to overcome breach of contract and support the improvement of company performance in the midst of digital challenges. This research uses two methods, namely normative and empirical legal research, to provide a comprehensive analysis of the relationship between legal theory and the practice of breach of contract that occurs in the field. Hopefully, the results of this research can serve as a guide for companies in designing stronger and more legally binding digital contracts.
Tindak Pidana Pemalsuan Surat Dalam Perspektif Hukum Pidana Indonesia Tasripin, Ipin; Heliany, Ina
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.v7i1.2083

Abstract

The criminal act of document forgery is an unlawful act because it can cause harm to others and undermine public trust in the validity of documents. Forgery occurs when someone intentionally creates, modifies, or imitates a document to make it appear as if it is authentic and issued by an authorized party, when in fact it is not. The formulation in this research is how criminal law regulates the crime of document forgery in Indonesia and how the law is applied by judges in sentencing perpetrators of document forgery, as seen in the Subang District Court Decision Number 60/Pid.B/2024/PN Sng. This research is normative legal research, a method that focuses on analyzing legal regulations, legal principles, and prevailing legal doctrines. The researcher uses legal sources such as statutes, regulations, court decisions, and legal literature to understand and interpret existing law. The findings show that in criminal law, every form of involvement in a criminal act entails its own legal responsibility. In the case of document forgery committed by the defendant DP bin alm R, the witness Dedi Priyanto who gave the order should also have been held criminally liable as the person who instructed the crime, in accordance with Article 55 paragraph (1) point 1 of the Indonesian Criminal Code (KUHP). This reflects the principle that not only the direct perpetrator, but all parties who play an active role in the crime must be held legally accountable. In Decision Number 60/Pid.B/2024/PN Sng, the Panel of Judges concluded that the elements of Article 263 paragraph (1) of the Criminal Code concerning document forgery were proven against Defendant DP bin alm R. The defendant made an invoice containing false information to mislead the company into believing that a debt had been paid off. For his actions, he was sentenced to five months’ imprisonment and remained in detention, with court costs amounting to Rp. 5,000. The decision took into account the principles of legality, legal certainty, and proportionality, as well as considering the defendant’s polite demeanor as a mitigating factor.
Pertanggungjawaban Korporasi terhadap Tindak Pidana Siber: Analisis Yuridis terhadap Perlindungan Subjek Data Pribadi (Studi Kasus Putusan Pengadilan Negeri Pangkalpinang Nomor Putusan Nomor 142/Pid.Sus/2024/Pn Pgp Dada, Syafrudin Eko Haryanto Kembang; Heliany, Ina
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.v7i1.2165

Abstract

The development of information technology offers significant benefits but also creates serious risks, particularly concerning security and personal data protection. Cybercrime has therefore become a crucial legal issue, as it may involve not only individuals but also corporations as subjects of criminal law. This study examines: (1) the application of corporate criminal liability in cybercrime under positive law, and (2) whether judicial considerations in Decision Number 142/Pid.Sus/2024/PN Pgp reflect justice and legal protection for personal data subjects. This research employs a normative legal method using statutory and case approaches. The findings show that corporations are recognized as criminal law subjects that can be held liable for cybercrimes, including personal data misuse, through sanctions such as fines and other punitive measures. Criminal liability may be imposed based on direct liability, strict liability, or vicarious liability. In the examined case, the court applied the Personal Data Protection Law as lex specialis and imposed imprisonment and fines after considering aggravating and mitigating factors. This decision affirms that both individuals and corporations are subject to criminal liability and highlights the importance of law enforcement in protecting personal data and combating cybercrime.
Pertanggungjawaban Hukum Nahkoda yang Berlayar tanpa Izin dan Mengakibatkan Kerusakan Jembatan (Studi Putusan Nomor 5319 K/Pid.Sus/2025) Hutabarat, Rode Parohon Santoso; 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 Ridwan, Topan; 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.

Page 16 of 18 | Total Record : 172

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