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All Journal FOCUS: Journal of Social Studies
Sudarto Sudarto
Dirgantara Marsekal Suryadarma University
Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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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
Co-Authors Ayu Dian Priamsari Imanuel Galih Tri Buwono