FOCUS: Jurnal of Law

CRIMINAL LIABILITY OF PIMPS IN HUMAN TRAFFICKING: A Case Study of 32/Pid.Sus/2024/PN Tkn

Rezeki Ananda Putri Wahyuni — 2025-10-25

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.

LAW AS SIMULACRA: A POSTMODERNIST CRITIQUE OF THE DIGITALIZATION OF JUDICIAL PROCESSES

Vincent Setyawan — 2025-10-25

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.

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

Supri Yadin Hasibuan — 2025-10-25

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

Hanafi Yunus — 2025-10-25

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.

IMPLEMENTATION CHALLENGES OF DATA PROTECTION LAW IN NIGERIAN HIGHER EDUCATION

Ali Miftakhu Rosyad — 2025-10-25

This study examines the gap between the existence of data protection regulations and their ineffective implementation in Nigerian higher education institutions. Despite the enactment of the Nigeria Data Protection Regulation (NDPR) 2019 and the Nigeria Data Protection Act (NDPA) 2023, universities continue to face challenges in ensuring data security and compliance. This research explores why implementation remains ineffective and how legal, technological, and organizational factors contribute to this condition. Using a socio-legal approach, the study combines normative legal analysis with empirical data from semi-structured interviews. The findings show that weak enforcement, limited institutional capacity, inadequate ICT infrastructure, low legal awareness, and unsupportive organizational culture hinder effective implementation. These factors interact to create systemic barriers to compliance. The study emphasizes the need for stronger enforcement, institutional reform, capacity-building, and technological investment to achieve effective data protection.