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Fakultas Hukum UNTAG Cirebon Jl. Perjuangan No.17, Karyamulya, Kec. Kesambi, Kota Cirebon, Jawa Barat 45131
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INDONESIA
Focus: Jurnal of Law
Published by Universitas 17 Agustus 1945 Cirebon
ISSN : -     EISSN : 27745783     DOI : https://doi.org/10.47685/focus
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
FOCUS: Jurnal of Law merupakan Jurnal media komunikasi dan publikasi ilmiah diterbitkan dua kali setahun oleh Fakultas Hukum Universitas 17 Agustus 1945 Cirebon, menerima artikel hasil penelitian di bidang hukum diantaranya: Teori Hukum, Hukum Perdata, Hukum Administrasi, Hukum Indonesia, Hukum Filsafat, Hukum Tata Negara, Hukum Pidana, Hukum Internasional, Hukum Agama, Filsafat Hukum dan lain-lain.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 38 Documents
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LEGAL ANALYSIS OF DIVORCE AND DOMESTIC VIOLENCE BASED ON THE LAW ON MARRIAGE AND THE ABOLITION OF DOMESTIC VIOLENCE. SAADI, MASYHAR
FOCUS: Jurnal of Law Vol 4 No 2 (2023): Focus: October Edition
Publisher : Faculty of Law Universitas 17 Augustus 1945 Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47685/focus.v4i2.579

Abstract

The Marriage Law in Indonesia defines marriage as a spiritual and physical bond between a man and a woman as husband and wife to create a harmonious family based on belief in God Almighty. However, not all marriages succeed in achieving this goal and sometimes end in divorce due to various factors, including domestic violence. The research method uses a normative juridical approach in examining divorce due to domestic violence focusing on analyzing library materials and secondary data. This research is descriptive analytical, meaning that it describes and analyzes the applicable positive law and how the law is applied in divorce cases due to domestic violence. This approach examines legislation, legal doctrine, and relevant court decisions. It aims to identify and explain the concept of domestic violence in accordance with the definitions and criteria established by Law Number 1 of 1974 concerning Marriage and Law Number 23 of 2004 concerning the elimination of domestic violence (KDRT). The results of this study are that domestic violence is a valid reason for divorce according to Indonesian law, and religious court judges take it seriously, with suggestions for couples to be wise in dealing with problems and judges to improve their understanding of law and psychology.
CRIMINAL ACCOUNTABILITY OF MEMBERS OF THE ARMY AS PERPETRATORS OF CYBERPORN IN THE PERSPECTIVE OF CRIMINAL LAW Mau, Hedwig Adianto
FOCUS: Jurnal of Law Vol 4 No 2 (2023): Focus: October Edition
Publisher : Faculty of Law Universitas 17 Augustus 1945 Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47685/focus.v4i2.580

Abstract

The misuse and negative impact of advances in information technology through computerized systems and internet networks known as Cybercrime gave birth to a new form of crime in the form of Cyberporn which expanded its impact so that members of the TNI also committed this type of crime. This research aims to find out: (1) law enforcement against TNI members as perpetrators of Cyberporn, and (2) criminal liability against TNI members as perpetrators of Cyberporn. This research is a descriptive law with a statute approach and legal analysis (analyhical approach). The specifications of this research are prescriptive and applied. The data used is secondary data from primary and secondary legal materials. Data analysis used in this legal writing is by using the syllogism method which uses deductive thinking patterns. The research results show that: (1) The crime of pornography actually has a clear legal umbrella, including the Criminal Code, Pornography Law, ITE Law, Press Law, Broadcasting Law, Film Law, PP Film Censorship Institute, Telecommunications Law. However, there is no legislation that regulates comprehensively for cyberporn cases, and (2) The legal consequences that will be obtained by TNI members who commit cyberporn crimes are clearly regulated in the ITE Law, namely regulated in article 45 paragraph 1 of Law number 11 of 2008 which is amended by Law number 19 of 2016 article 45 paragraph 1 and also in accordance with the article on the Military Criminal Code (KUHPM) in the form of criminal sanctions and other sanctions such as dishonorable discharge (PTDH), reduction of performance allowances to salary cuts and so on.
SOLDIER DISCIPLINE LAW: A STUDY OF MILITARY LAW AND THE CRIME OF DESERTION Edwin, Mayor Chk
FOCUS: Jurnal of Law Vol 4 No 2 (2023): Focus: October Edition
Publisher : Faculty of Law Universitas 17 Augustus 1945 Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47685/focus.v4i2.581

Abstract

Crimes committed by members of the TNI are purely military based on regulations related to the military. The crime of desertion is an example of a pure criminal offense committed by the military. The objectives of this study are to (1) To find out the criminal responsibility of a TNI soldier who commits the crime of desertion. (2) To find out the relationship between the Military Criminal Code and the General Criminal Code. The type of research used in the preparation of this thesis is normative juridical research, namely research that relies on legal norms contained in laws and court decisions and norms that exist in society. The data used in this thesis is secondary data supported by primary data, which means secondary data, namely data obtained from library materials where secondary data consists of primary legal materials, secondary legal materials and tertiary legal materials. The data analysis used is a qualitative approach to primary data and secondary data. The results of this study indicate that (1) The application of military law against the perpetrators of the crime of desertion as a member of the Military (TNI) the threat of punishment is more severe than the threat of punishment contained in the Criminal Code (seen as less fulfilling a sense of justice). (2) The relationship between KUHPM and KUHP is inseparable because KUHPM is part of the KUHP. The scientific implication of this research is to provide understanding to the public in general and the military in particular about the existence of criminal liability for military who commit the crime of desertion.
THE JUVENILE CRIMINAL JUSTICE SYSTEM: THE ROLE AND CONSTRAINTS OF CORRECTIONAL INSTITUTIONS IN PROVIDING GUIDANCE Kamaruddin, Ainuddin
FOCUS: Jurnal of Law Vol 4 No 2 (2023): Focus: October Edition
Publisher : Faculty of Law Universitas 17 Augustus 1945 Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47685/focus.v4i2.582

Abstract

State Detention Centers (Rutan) serve as a place of correction for detainees and guidance for prisoners, including children involved in criminal offenses. However, children who have completed their sentence often face negative stigma from society, which can reduce their self-confidence. This study aims to understand the development system of juvenile inmates in Cirebon City Class I Detention Center after the implementation of Law No. 11/2012 on Juvenile Justice System, as well as assess the fulfillment of their rights. The research methodology involves field research with direct observation of the coaching system in the detention center. Primary data was collected to provide a comprehensive understanding of juvenile criminal cases. Data was collected through desk research and analyzed descriptively. The results showed that the coaching in Cirebon City Class I Detention Center includes mental development, legal awareness, and independence. This coaching process is in accordance with the mandate of Law Number 11 of 2012 and has been implemented properly, ensuring the fulfillment of the rights of correctional students. In conclusion, the coaching implemented is effective in supporting the rehabilitation and reintegration of children into society, although social challenges still exist. This research emphasizes the importance of continued support from the community to reduce stigma and support children's better future.
JURISDICTIONAL REVIEW OF THE CRIME OF ASSOCIATED MURDER WHICH CAUSES THE DEATH OF THE VICTIMS ARTICLE 170 of the Criminal Law Code (Case Study of Decision Number: 118/Pid.B/2020/PN Tgl) Tobondo, Yuyun Alfasius
FOCUS: Jurnal of Law Vol 5 No 1 (2024): Focus: March Edition
Publisher : Faculty of Law Universitas 17 Augustus 1945 Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47685/focus.v5i1.597

Abstract

Joint persecution or beating is a criminal offense involving more than one person. This research aims to understand the application of the law against maltreatment that causes death and the judge's consideration in imposing sanctions. Using a normative juridical approach, this research collects primary and secondary data through field and literature studies, analyzed descriptively qualitatively. The results showed that in case 118/Pid.B/2020/PN.Tgl, the defendant was charged under Article 338 of the Criminal Code Jo Article 55 paragraph (1) to 1 of the Criminal Code and Article 170 paragraph (1), (2) to 3 of the Criminal Code. The facts of the trial proved the elements of the criminal offense in the subsidiary charges, and there were no justifications or excuses for the defendant, so he must be held criminally responsible. The judge considered the principle of "For the sake of justice based on God Almighty" as well as the facts of the trial and the charges of the public prosecutor. In this case, the judge handed down a sentence of seven years, which was lighter than the eight years demanded by the prosecutor.
JURIDICAL ANALYSIS OF POACHING USING ASSEMBLED FIREARMS IN FOREST AREAS IN RELATION TO EMERGENCY LAW NUMBER 12 OF 1951 (STBL.1948.NO.17) (STUDY OF SPECIAL CRIMINAL DECISION: 115/PID.SUS/2019/PN.KNG) Ferdian, Fery; Santoso, Imam
FOCUS: Jurnal of Law Vol 5 No 1 (2024): Focus: March Edition
Publisher : Faculty of Law Universitas 17 Augustus 1945 Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47685/focus.v5i1.598

Abstract

Many crime models in the world originate from assembled firearms. The purpose of this research is to juridically analyze the perpetrators of illegal hunting using assembled firearms in connection with Emergency Law number 12 of 1951. The method used uses normative research with primary data from the main literature law and secondary additional literature related to data categorization. The data obtained is reduced, displayed and conclusions are drawn. Validation through triangulation and content analysis. The findings of law enforcement against poaching using homemade firearms in Mount Ciremai National Park face various complex challenges. Although there are laws governing firearm ownership, their implementation is often hampered by various factors, including limited resources and clever tactics used by perpetrators. This study recommends the need to revise outdated laws and improve the firearms licensing and monitoring system.
Cooperatives in the Midst of Digitalization: Dignity and Compliance of Cooperative Managers in Cirebon with the Cooperative Law Nurkholiza, Disya Dwi Ajeng; Guntoro, M
FOCUS: Jurnal of Law Vol 5 No 1 (2024): Focus: March Edition
Publisher : Faculty of Law Universitas 17 Augustus 1945 Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47685/focus.v5i1.599

Abstract

The purpose of this study is to explore how cooperatives can maintain dignified values and comply with cooperative laws in the face of digitalization. The background of this research problem focuses on the challenges faced by cooperatives in maintaining their core principles, such as solidarity and social justice, amidst rapid technological development. The novelty of this research lies in combining the analysis of cooperative values with the application of digital technology and its impact on compliance with applicable cooperative regulations. The methodology used in this research is a qualitative approach with case studies on several cooperatives that have adopted digital technology, as well as in-depth interviews with cooperative managers and cooperative law experts. The results show that although digitalization provides operational convenience and market access, most cooperatives still face obstacles in implementing policies that are in line with cooperative principles, as well as meeting existing legal obligations. The economic implications of this research show that cooperatives that successfully integrate digitalization with dignified values can improve their competitiveness, expand member networks, and create jobs, while strengthening the local economy through a more efficient and transparent system.
Juridical Review of the Process of Resolving Problem Credit Through Parate Execution Dewi, Maftuhah
FOCUS: Jurnal of Law Vol 4 No 2 (2023): Focus: October Edition
Publisher : Faculty of Law Universitas 17 Augustus 1945 Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47685/focus.v4i2.600

Abstract

This study aims to analyze the mechanism for resolving non-performing loans through parate execution of mortgage rights in accordance with Article 6 of the Mortgage Rights Law. The method used is normative juridical with descriptive analysis approach. The results show that parate execution is a quick and economical solution, but there are obstacles such as third party lawsuits and dispute confiscation that can hinder the process. This research contributes to the understanding of the mechanism of parate execution and offers recommendations for the development of banking policies that are more effective in managing the risk of non-performing loans.

Page 4 of 4 | Total Record : 38

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