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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 195 Documents
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Tinjauan Yuridis Penerapan Restortive Justice Terhadap Anak Pelaku Tindak Pidana Terorisme Achmad Faisal Hasibuan; Lidia Rina Diahtaryani
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.v7i1.2224

Abstract

Terrorism is considered an extraordinary crime that poses serious threats to national security, public safety, and human rights. In several cases in Indonesia, acts of terrorism have involved children as perpetrators, creating a complex challenge within the criminal justice system. Children who commit criminal acts cannot be treated in the same manner as adults because they are still in a stage of psychological and social development. Therefore, a more humane and rehabilitative approach is required in addressing children in conflict with the law, including those involved in terrorism-related offenses. One of the approaches that can be applied is restorative justice, which emphasizes the restoration of relationships between offenders, victims, families, and the community rather than focusing solely on punishment. This research aims to analyze the juridical implementation of restorative justice for children involved in terrorism offenses in Indonesia and to examine the challenges encountered in its application. The research employs a normative legal method using statutory and case approaches. The data were obtained through library research involving legislation, legal doctrines, and court decisions related to terrorism cases involving children. The findings indicate that although Law Number 11 of 2012 concerning the Juvenile Criminal Justice System provides opportunities for restorative justice through diversion mechanisms, its implementation in terrorism cases remains limited. In practice, many court decisions still prioritize retributive punishment rather than rehabilitative measures. Therefore, strengthening the understanding of law enforcement officials and improving legal policies are necessary to ensure that restorative justice can be more effectively implemented within Indonesia’s juvenile criminal justice system.
Analisis Hukum Penggunaan Antariksa dalam Upaya Mendukung Operasi TNI AU Guna Pertahanan Negara dan Keamanan Nasional I Gede Eka Santika; Bambang Widarto
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.v7i1.2225

Abstract

This study examines the utilization of space technology for national defense purposes in Indonesia, specifically in supporting the operations of the Indonesian Air Force (TNI AU). As global challenges grow, space has become an increasingly important strategic domain, not only for civilian purposes but also for military use. While Indonesia has regulations related to space, such as Law No. 21/2013 on Space, this study finds that the existing regulations do not specifically address the use of space for military purposes, particularly in supporting TNI AU military operations. Through library research and interviews with aerospace law experts and military practitioners, this study identifies legal gaps that need to be addressed, as well as the urgency of updating regulations to respond to the rapid development of space technology. Such updates are essential to ensure that TNI AU can optimally utilize space for surveillance, communication, and defense of Indonesia’s airspace. With clear regulatory updates, it is hoped that Indonesia can enhance its national defense capabilities and safeguard strategic interests in space
Tinjauan Yuridis Pemberian Hibah yang Dibatalkan Karena Melanggar Bagian Mutlak/Legitime Portie (Studi Putusan Mahkamah Agung Nomor 214 PK/Pdt/2017) Ayu Dian Priamsari; Sudarto Sudarto
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.v7i1.2227

Abstract

Civil inheritance law under the Indonesian Civil Code (KUHPerdata) provides protection to heirs through the concept of compulsory share or legitime portie. This right ensures that legitimate heirs receive a certain portion of the deceased’s estate, even if a gift or will seeks to override their rights. This study aims to analyze the application of legitime portie in Indonesian inheritance law, with a focus on Supreme Court Decision Number 214 PK/Pdt/2017, which annulled a gift that violated the compulsory share. Using a normative approach and secondary data, this research demonstrates that the annulment of a gift that violates legitime portie is a legitimate and necessary step in ensuring justice and legal certainty for the rightful heirs. The study emphasizes that the protection of heirs' rights is essential for fairness in the inheritance process. Furthermore, the author suggests that testators should consult legal experts or notaries when drafting gifts or wills to prevent violations of legitimate heirs’ rights. This recommendation aims to avoid potential legal disputes and ensure that the distribution of the estate is fair and in accordance with the law. This research contributes to a deeper understanding of the protection of heirs' rights within the context of Indonesian inheritance law and highlights the importance of upholding justice in inheritance decisions.
Penegakan Hukum terhadap Pelaku yang melakukan Perbantuan dalam Tindak Pidana Terorisme Imanuel Galih Tri Buwono; Sudarto Sudarto
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.v7i1.2234

Abstract

Terrorism is classified as an extraordinary crime, not only because it causes direct harm but also because of its potential to undermine national security and disrupt societal order. While the principal perpetrators of terrorism are often the focus, those who assist in such crimes—whether by providing logistical support, shelter, or facilitating the execution of the act—play a crucial role in sustaining terrorist networks. This research analyzes the legal framework governing the role of accomplices in terrorist acts under Indonesia’s Law No. 5 of 2018 and examines the law enforcement practices based on the court decision in Case No. 1114/Pid.Sus/2023/PN Jkt.Utr. By employing a normative juridical approach, the study finds that the law equates the punishment of an accomplice to that of the principal perpetrator, which strengthens deterrence but may obscure the principle of proportionality in sentencing. The study further highlights the importance of clear and differentiated legal provisions for accomplices to avoid overcriminalization and ensure justice, as well as the role of the judiciary in interpreting these provisions with fairness and consistency. Finally, recommendations are made for improving legal certainty and the effectiveness of counterterrorism measures in Indonesia
Tanggung Jawab Hukum dalam Kasus Pelanggaran Hak Cipta oleh Artificial Intelligence di Indonesia Syahrizal Syahrizal; Gunawan Nachrawi
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.v6i2.2033

Abstract

This research aims to examine legal liability in cases of copyright infringement by Artificial Intelligence (AI) in Indonesia and to evaluate the clarity of the existing legal mechanisms. Based on the analysis, it is found that Law Number 28 of 2014 on Copyright (UUHC) still adheres to an anthropocentric legal paradigm that recognizes only human beings or legal entities as legitimate legal subjects and creators. In the event of copyright infringement by AI, legal responsibility is transferred to the users, developers, or owners of the system, even though there is no explicit and comprehensive normative instrument available to determine liability based on intent, negligence, or economic gain. Furthermore, although institutional structures such as the Directorate General of Intellectual Property (DJKI), the Commercial Court, and procedures for litigation and ADR are already in place, the copyright legal system in Indonesia is not yet fully adaptive to the complexity of AI-based infringements—particularly regarding algorithmic processes and the use of unauthorized training data. The potential for copyright violations by AI encompasses various forms, including unauthorized reproduction, illegal compilation, covert plagiarism, infringement of distribution rights, and moral rights violations. The lack of transparency in training data and algorithmic traces exacerbates attribution challenges and creates systemic inequality between technological corporations and the vulnerability of individual creators. Therefore, it is recommended that the government design legal reforms to explicitly recognize AI-generated works, apply the principle of accountable innovation, mandate algorithmic transparency, strengthen the roles of DJKI and Collective Management Organizations, and establish compensation funds for creators. This study highlights the urgency of reconstructing copyright law’s substantive aspects to ensure justice and effective protection in the age of artificial intelligence.

Page 20 of 20 | Total Record : 195

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