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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 216 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.
Pergeseran Makna Kedaulatan Negara Otonom Menuju Adaptive Compliance terhadap CBAM dalam Menciptakan Lingkungan Hijau Dian Priheryanti Havid; Laksanto Utomo; Amalia Syauket; Yusuf Muh Said
FOCUS Vol 7 No 02 (2026): FOCUS: Jurnal Studi Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v7i02.2334

Abstract

Developments in global climate governance are increasingly blurring the boundaries between national and international law, as exemplified by the European Union’s Carbon Border Adjustment Mechanism (CBAM). By extending carbon regulatory standards beyond its territorial jurisdiction, CBAM functions as a Transnational Legal Order (TLO) that reshapes state sovereignty and impacts exporting nations, including Indonesia. Using a normative juridical method, this study analyzes relevant legal frameworks through Stephen Krasner’s theory of organized hypocrisy, Saskia Sassen’s concept of denationalization, and Halliday and Shaffer’s TLO framework. The findings reveal that CBAM compels Indonesian national laws and policies to adapt to global climate standards, shifting state sovereignty from autonomous decision-making to adaptive compliance. Furthermore, this study identifies symptoms of a democratic deficit, wherein national legislative processes remain formally sovereign but are substantively dictated by external regulatory pressures. Ultimately, this article concludes that CBAM represents a contemporary form of transnational legal governance that redefines state sovereignty in the era of legal globalization.
Kepastian Hukum Keputusan Sirkuler Di Luar Rapat Umum Pemegang Saham Atas Saham Nominee (Studi Putusan Nomor 815/PDT/2022/PT SBY) Raudhah Mariyah Ulfa; Rahmat Dwi Putranto
FOCUS Vol 6 No 1 (2025): FOKUS: Jurnal Ilmu Pengetahuan Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v6i1.1829

Abstract

This study analyses the legal certainty of circular resolutions outside the General Meeting of Shareholders (GMS) on nominee shares based on Decision Number 815/PDT/2022/PT SBY. This study focuses on the legality and legal implications of circular resolutions in corporate practice in Indonesia. Through a normative juridical approach and analysis of relevant regulations and case law, this study finds that circular resolutions made without fulfilling formal and material requirements may be potentially legally invalid. The results of this study provide recommendations on the need for stricter law enforcement regarding the use of nominee shares in the Indonesian legal system.
Perlindungan Hukum Anak Sebagai Saksi dalam Sistem Peradilan Pidana di Indonesia Ade Irma; Rahmat Dwi Putranto
FOCUS Vol 6 No 1 (2025): FOKUS: Jurnal Ilmu Pengetahuan Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v6i1.1840

Abstract

Abstract This study aims to analyze legal protection for children who act as witnesses within the criminal justice system in Indonesia. Children often face risks of trauma and intimidation during legal proceedings, which necessitates special legal protection as stipulated in Law No. 11 of 2012 on the Juvenile Criminal Justice System. This research explores the implementation of such protection and the challenges encountered in safeguarding the rights of children as witnesses. Through a qualitative approach utilizing literature review and in-depth interviews, the study reveals that despite having an adequate legal framework, its implementation faces several obstacles. These obstacles include lack of coordination among law enforcement agencies, limited resources, and social and cultural barriers that hinder optimal protection for child witnesses. Additionally, children often do not receive adequate psychological support, while child-unfriendly legal procedures exacerbate their psychological and emotional conditions. The study recommends more comprehensive policy revisions, enhanced training for law enforcement on children's rights, and strengthening of psychosocial support and infrastructure to protect children during legal processes. Effective implementation can be achieved through increased cooperation among institutions such as the police, social workers, and child protection agencies to create a system that is more responsive to the needs of child witnesses. The study emphasizes the importance of a child-centered and rehabilitative approach to ensure their physical, mental, and social well-being throughout their involvement in criminal justice proceedings.
Analisis Yuridis dan Upaya Penegakan Kedaulatan Negara Atas Pelanggaran Wilayah Udara oleh Pesawat Asing Tak Berjadwal (Studi Kasus Penanganan oleh TNI AU) Dijay Brian Firmandha; Agnes Harvelian
FOCUS Vol 7 No 02 (2026): FOCUS: Jurnal Studi Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v7i02.2218

Abstract

State sovereignty over airspace constitutes a complete and exclusive authority recognized under Article 1 of the Chicago Convention of 1944 and internalized into Indonesian national law through Law Number 1 of 2009 on Aviation. The increasing intensity of international air traffic and rapid advancements in aviation technology have heightened the risk of airspace violations, particularly by unscheduled foreign aircraft entering national airspace without proper authorization or deviating from approved flight plans. This study aims to analyze the juridical construction of state sovereignty over airspace and the enforcement mechanisms against violations committed by unscheduled foreign aircraft through the operational measures of the Indonesian Air Force (Tentara Nasional Indonesia Angkatan Udara/TNI AU). This research employs a normative legal research method with statutory and conceptual approaches, supported by comprehensive library research on primary, secondary, and tertiary legal materials. The findings indicate that unscheduled foreign aircraft failing to obtain diplomatic clearance, security clearance, and flight approval may be legally classified as airspace violations, which may escalate from administrative infractions to violations of state sovereignty when such actions endanger national defense and security. The enforcement of airspace sovereignty by the Indonesian Air Force is carried out through a gradual and proportional mechanism consisting of surveillance, identification, interception, escorting, and forced landing in accordance with Government Regulation Number 4 of 2018, while adhering to the principles of proportionality, aviation safety, and international standards established by the International Civil Aviation Organization.
Tinjauan Yuridis Pembuktian Sederhana Sebagai Syarat Penundaan Kewajiban Pembayaran Utang (Studi Putusan PKPU No. 288/Pdt-Sus/2023/PN.Niaga.Jkt.Pst) Juda Kahulta Sembiring; Radian Syam
FOCUS Vol 7 No 02 (2026): FOCUS: Jurnal Studi Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v7i02.2239

Abstract

Postponement of Debt Payment Obligations (PKPU) is one way for debtors to avoid bankruptcy. The main purpose of Postponement of Debt Payment Obligations is to reach an agreement between the debtor and creditor, which, if approved, will be ratified by the Commercial Court. The problems in this research are how to submit a request for Postponement of Debt Payment Obligations (PKPU) according to Law Number 37 of 2004, how PKPU applicants fulfill the simple evidentiary requirements when submitting a PKPU request, and the legal considerations of the panel of judges in applying simple evidentiary requirements in the decision of PKPU case No. 288/Pdt-Sus/2023/PN.Niaga.Jkt.Pst. The research method used is library research, namely by conducting research on various reading sources, namely books, legal magazines, opinions of scholars, laws and regulations, and also lecture materials. Data analysis used in this study uses a qualitative analysis approach. The research approach uses a conceptual approach and a case approach. The results of the study are that Law Number 37 of 2004 regulates the mechanism for submitting a Suspension of Debt Payment Obligations (PKPU) involving debtors and creditors, by giving creditors the opportunity to submit a PKPU in addition to the debtor. Concrete cases such as the PKPU Case Study of PKPU Decision No. 288/Pdt-Sus/2023/PN.Niaga.Jkt.Pst reflect the complexity of business and legal relations in Indonesia, where conflicts in business agreements can trigger lawsuits and efforts to find a peaceful solution through the PKPU process.

Page 20 of 22 | Total Record : 216

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