cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Fatin Hamamah
Contact Email
focus@library-untagcirebon.ac.id
Phone
+6285351417897
Journal Mail Official
focus@library-untagcirebon.ac.id
Editorial Address
Fakultas Hukum UNTAG Cirebon Jl. Perjuangan No.17, Karyamulya, Kec. Kesambi, Kota Cirebon, Jawa Barat 45131
Location
Kab. cirebon,
Jawa barat
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 49 Documents
 1   2   3   4   5 
A STUDY OF RENE DESCARTES' PHILOSOPHY OF RATIONALISM IN THE CONTEXT OF LAW IN INDONESIA Dendy, Alfi; Mustaufiq, Mustaufiq; Amren, Amren; Ibanes, Reivo; Malau, Parningotan
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.v5i1.734

Abstract

This study examines the influence of René Descartes' rationalist philosophy on the development of Indonesian law, particularly through the framework of Law No. 12 of 2011 on the Formation of Legislative Regulations. Descartes' emphasis on reason as the primary tool for acquiring knowledge and truth is analyzed within the context of legal interpretation in Indonesia. Using a juridical-normative approach, this research reviews secondary data, including legal texts and academic articles, to explore how Descartes' rationalism has shaped the interpretation and application of law in Indonesia. The study concludes that Descartes' principles of logical and systematic reasoning play a crucial role in the formation of legal norms in Indonesia, promoting a legal system that prioritizes clarity, consistency, and justice. The research also highlights the continued relevance of Descartes' ideas in contemporary legal practices and underscores the importance of integrating rationalism into legal philosophy to achieve fair and transparent governance.
LAW AS SIMULACRA: A POSTMODERNIST CRITIQUE OF THE DIGITALIZATION OF JUDICIAL PROCESSES Setyawan, Vincent; Wisnubroto, Aloysius
FOCUS: Jurnal of Law Vol 6 No 2 (2025): 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.v6i2.714

Abstract

The rapid digital transformation of judicial systems, especially through e-court, e-litigation, and AI, has improved efficiency but also raised philosophical concerns about law and justice. Drawing on Jean Baudrillard’s theory of simulacra and simulation, this study suggests that digitalized law risks creating a gap between procedural and substantive justice, as legal processes become technological representations detached from their humanistic and moral foundations. Using normative legal research and a postmodern philosophical approach, the study explores how digital judicial mechanisms manifest law as simulation. The findings indicate that digitalization prioritizes efficiency and procedural legitimacy but does not fully ensure substantive justice. The study calls for a philosophical critique to prevent the reduction of law to mere administrative technology. It emphasizes the need for ethical reinforcement, transparency, and public participation to preserve the true meaning of justice and safeguard its humanistic values.
CRIMINAL LIABILITY OF PIMPS IN HUMAN TRAFFICKING: A Case Study of 32/Pid.Sus/2024/PN Tkn Wahyuni, Rezeki Ananda Putri; Surya, Achmad
FOCUS: Jurnal of Law Vol 6 No 2 (2025): 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.v6i2.715

Abstract

The aim of this research is to explore the factors influencing the Takengon District Court Judge's decision in case Number 32/Pid.Sus/2024/PN Tkn and to evaluate the criminal accountability associated with prostitution pimping (Case Study Number: 32/Pid.Sus/2024/PN Tkn). This research employs a normative, juridical, and prescriptive methodology, utilizing both the statute and case approaches. The findings indicated that the judge's rationale for the ruling in Number 32/Pid.Sus/2024/PN Tkn highlighted aggravating factors, specifically the defendant's actions disrupting the community and the harm caused to Aceh's reputation as the Mecca Porch, along with mitigating circumstances regarding the defendant. From a legal standpoint, this case should involve three parties subject to penalties in keeping with Article 23, paragraph (1) of Qanun Aceh Number 6 of 2021 related to Jinayat Law, since Aceh has specific Islamic laws that categorically forbid prostitution.
A LEGAL REVIEW OF THE ROLE OF RELIGIOUS COUNSELORS IN PREMARITAL GUIDANCE TO PROMOTE FAMILY HARMONY AT THE OFFICES OF RELIGIOUS AFFAIRS (KUA) IN TANJUNGPINANG Hasibuan, Supri Yadin; Salsabila, Salsabila; Halim, Muhammad
FOCUS: Jurnal of Law Vol 6 No 2 (2025): 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.v6i2.728

Abstract

This study examines the role of religious counselors in providing premarital guidance at the Offices of Religious Affairs (KUA) in Tanjungpinang City, focusing on its impact on family harmony. The research analyzes how legal frameworks, particularly Law No. 1 of 1974 on Marriage and related regulations, guide counselors in delivering effective premarital counseling. Using a normative-empirical legal research method, the study combines legal analysis of statutory provisions with qualitative field data from interviews and observations. Findings indicate that premarital guidance significantly contributes to marital readiness and communication, but its effectiveness depends on counselors' capacity, methods, and couples' engagement. The study suggests improvements in counselor training, standardized counseling practices, and couples’ legal awareness to enhance the effectiveness of premarital guidance.
LEGAL PERSPECTIVES OF KUA HEADS ON ISSUING FAMILY CARDS FOR UNREGISTERED MARRIAGES IN TANJUNGPINANG Yunus, Hanafi; Andini, Lintang Tri; Hidayat, Taufik
FOCUS: Jurnal of Law Vol 6 No 2 (2025): 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.v6i2.729

Abstract

This study examines the legal perspectives of KUA heads in Tanjungpinang regarding the issuance of Family Cards for unregistered marriages under Permendagri No. 109 of 2019. It analyzes the tension between Islamic law and state administrative requirements, focusing on ethical dilemmas and administrative challenges faced by KUA officials. A qualitative descriptive approach was employed, using semi-structured interviews with KUA heads and document analysis of relevant regulations. Findings suggest that KUA officials recognize unregistered marriages as valid under Islamic law but not legally acknowledged by the state, leading to careful administrative practices. The study highlights the need for policy harmonization to ensure consistency and protect citizens' rights.
RESTORATIVE JUSTICE: A REVISION OF CRIMINAL PROCEDURE Walim, Walim
FOCUS: Jurnal of Law Vol 6 No 1 (2025): 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.v6i1.733

Abstract

The concept of resolving criminal cases through alternative methods has existed since the Dutch colonial era, exemplified by Article 82 of the Indonesian Penal Code (KUHP), which introduced afkoop allowing the dismissal of charges if the offender paid a voluntary fine. Over time, out-of-court settlements evolved, with practices like diversion for children and seponering by the Attorney General in the public interest. These early forms demonstrate the presence of restorative justice in the Indonesian legal system long before the term became widely recognized. This article examines how restorative justice is applied, the principles behind it, and its integration within criminal procedure law. The analysis suggests that restorative justice is particularly effective for minor offenses or cases with limited financial impact, focusing on healing, voluntary participation, and social responsibility. For restorative justice to thrive, the legal system must shift from punishment to recovery, making it essential to the development of a more humane and socially just criminal justice system.
LEGAL PROTECTION FOR COMMUNITIES IN FOREST AREAS BASED ON LAW NO. 18 OF 2013 ON FOREST DESTRUCTION PREVENTION Viarawangi, Fani Maria; Santoso, Imam; Kamal, Maulana
FOCUS: Jurnal of Law Vol 6 No 1 (2025): 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.v6i1.743

Abstract

Deforestation in Indonesia poses a significant threat to the social and economic lives of forest adjacent communities. Despite the enactment of Law No. 18 of 2013 on the Prevention and Eradication of Forest Destruction, which includes provisions for legal protection of local communities, forest destruction rates remain high. This research aims to examine the form of legal protection for these communities, identify the challenges in implementing this protection, and propose strategies to enhance legal safeguards. The study adopts a normative-empirical legal approach, integrating statutory, conceptual, and sociological perspectives. Data was gathered through literature reviews and interviews with law enforcement officers, forestry officials, and local communities in Desa Nunuk, Kecamatan Maja, Kabupaten Majalengka. Findings reveal that, while legal protection exists, challenges such as limited resources, weak coordination, low legal awareness, and economic pressures hinder effective implementation. The study concludes that improving legal protection requires capacity building, legal education, better coordination, and sustainable livelihood alternatives for communities.
EFFECTIVENESS OF LEGAL PROTECTION AGAINST CHILD CRIMES POLICY ANALYSIS AND IMPLEMENTATION IN WEST JAVA Juarsa, Juarsa; Santoso, Imam; Makbul, Agung
FOCUS: Jurnal of Law Vol 6 No 1 (2025): 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.v6i1.745

Abstract

The concept of resolving criminal cases through alternative methods has existed since the Dutch colonial era, as seen in Article 82 of the Indonesian Penal Code (KUHP), which allowed charges to be dismissed if the offender paid a voluntary fine (afkoop). Over time, practices like diversion for children and seponering by the Attorney General in the public interest evolved, indicating early forms of restorative justice within the Indonesian legal system. This article explores the application, principles, and integration of restorative justice in criminal procedure law. It suggests that restorative justice is especially effective for minor offenses or cases with limited financial impact, emphasizing healing, voluntary participation, and social responsibility. For restorative justice to thrive, the legal system must shift from punishment to recovery, making it crucial for the development of a more humane and socially just criminal justice system.
IJTIHAD OF THE JUDGE IN DETERMINING THE HADHANAH OF A CHILD WHO HAS NOT BEEN MUMAYIZ TO THE BIOLOGICAL FATHER Albab, Muhamad Ulil
FOCUS: Jurnal of Law Vol 5 No 2 (2024): 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.v5i2.746

Abstract

This study examines the juridical reasons behind a judge’s decision to grant child custody (hadhanah) to the biological father, despite the child not reaching the age of maturity, deviating from Article 105 letter (a) of the Compilation of Islamic Law. Using normative legal research methods, the study analyzes laws, court rulings, and legal concepts. The findings show that the judge’s primary considerations were the best interest of the child and maslahah mursalah, factoring in parental conflicts, mediation agreements, and the child’s stable environment. This ruling can be justified philosophically based on maqashid al-shari’ah and aligns with the Child Protection Law. However, it raises issues of gender equality and the child’s need for a maternal attachment figure. The decision reflects a shift in Indonesian Islamic family law toward stronger child protection, but it requires strengthening post-verdict supervision mechanisms to ensure its effective implementation and address potential complexities in child custody cases

Page 5 of 5 | Total Record : 49

 1   2   3   4   5 

Filter by Year

2020 2025


Reset
Filter By Issues
All Issue Vol 6 No 2 (2025): Focus: October Edition Vol 6 No 1 (2025): Focus: March Edition Vol 5 No 2 (2024): Focus: October Edition Vol 5 No 1 (2024): Focus: March Edition Vol 4 No 2 (2023): Focus: October Edition Vol 4 No 1 (2023): Focus: March Edition Vol 3 No 2 (2022): Focus: October Edition Vol 3 No 1 (2022): Focus: March Edition Vol 2 No 2 (2021): Focus: October Edition Vol 2 No 1 (2021): Focus: March Edition Vol 1 No 1 (2020): Focus: October Edition More Issue