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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 156 Documents
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Tanggungjawab Hukum Perhimpunan Pemilik dan Penghuni Satuan Rumah Susun dalam Pengelolaan Tanah, Bagian dan Benda Bersama terhadap Pemegang Hak Milik Satuan Rumah Susun Situmorang, Hotjen Edison; Gaol, Selamat Lumban; Sudarto, Sudarto
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.v6i2.2054

Abstract

Management of apartments and their environment is carried out by an association of residents that is formed and granted authority and responsibility in management. This study examines the form of legal responsibility of the association of owners and occupants of apartment units in managing land, parts, and common objects toward holders of apartment unit ownership rights, and how disputes related to this responsibility are resolved. The research uses a normative juridical method. Findings show that under Article 75 paragraph (3) of Law 20/2011, PPPSRS is obliged to manage the interests of owners and occupants concerning common objects, common parts, common land, and occupancy. The main purpose of establishing PPPSRS is to take necessary legal actions for the benefit of owners and occupants, maintain the environment and facilities, manage common property, and settle disputes related to these responsibilities. Disputes in apartment management require resolution efforts, and Law 20/2011 regulates this through Article 105, which includes: (a) deliberation to reach consensus, (b) settlement outside the court, and (c) court settlement. The study suggests improvements through new regulations on the association of owners and occupants of apartment units, integrated into laws, government regulations, and banking regulations, to ensure fairness for all parties. It is recommended that the government issue clear, comprehensive legal frameworks to strengthen PPPSRS’s role and accountability, providing certainty and protection to both owners and occupants in managing apartment environments.
Implementation Penundaan Kewajiban Pembayaran Utang (PKPU) in Bankruptcy Process in Indonesia Putra, Agung Pratama; Sinaga, Niru Anita; Sudarto, Sudarto
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.v6i2.2056

Abstract

Penundaan Kewajiban Pembayaran Utang (PKPU) is a legal mechanism that aims to provide debtors with the opportunity to restructure debts and avoid bankruptcy by preparing a peace plan agreed to by creditors, as stipulated in Law Number 37 of 2004. However, in practice, PKPU in Indonesia does not always run effectively due to various obstacles that arise, including liquidity difficulties and legal pressure from creditors who continue to file homologation cancellation lawsuits and criminal reports against debtors. This research aims to analyze the implementation of PKPU in the bankruptcy process and identify the obstacles faced, with a normative and empirical legal approach through a case study of PT Mahkota Properti Indo Senayan and PT Mahkota Properti Indo Permata. The results of the study indicate that although PKPU can provide a way out of the threat of bankruptcy, its implementation is often hampered by the lack of post-homologation supervision and adequate legal protection for debtors. Therefore, this study recommends strengthening regulations and increasing supervision so that PKPU can become an effective instrument in debt restructuring and supporting the stability of debtors' businesses.
Analysis of Criminal Liability and Determining Factors in Medical Malpractice Cases Bardaeni, Bardaeni; Sudarto, Sudarto
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.v6i2.2060

Abstract

Medical malpractice is a form of action carried out by health experts, namely doctors, who in carrying out their obligations deviate from what they should be. If the action taken causes physical or material harm to others, in this case the patient, the deviant action can be held accountable either criminally, civilly, or administratively. The research method used is normative juridical. The results of the study are Criminal liability for medical malpractice in Law Number 17 of 2023 concerning Health, namely that the laws and regulations in Indonesia basically do not explicitly regulate criminal liability for malpractice. Provisions regarding criminal liability for Malpractice in Article 447 paragraph (1) of Law No. 17 of 2023 concerning Health. The determining factors in medical malpractice cases are Professional Standards and Operational Procedures; Doctor-Patient Relationship; Negligence and Elements of Professional Error; Evidence of Losses and Causal Relationship; Competence and Experience of Medical Personnel; Role of Technology and Health Facilities; and Legal Supervision and Regulation System. From the perspective of legal certainty and justice, legal certainty provides a clear and objective basis for resolving cases, while justice ensures that all parties receive balanced treatment and no one is harmed unilaterally. The combination of the two is the key to creating a more accountable and humane health system.
THE The Effect of Employability and Work Motivation on the Productivity of Workers with Disabilities at PT. Wangta Agung Lubis, Dina Mariana Uli; Asfan, Muhammad; Nurwantoro, Nurwantoro; Pujiyanto, Risang
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.v6i1.1636

Abstract

This research aims to determine the influence of work ability and work motivation on the productivity of workers with disabilities at PT. Wangta Agung. As a form of inclusion and equal employment opportunities, PT Wangta Agung employs workers with disabilities who are usually not considered enough and do not get the same opportunities as other workers. Data analysis was carried out using multiple line regression. Based on research, it can be concluded that work ability and work motivation simultaneously have a positive and significant effect on the productivity of workers with disabilities at PT. Wangta Agung. Likewise, partial testing shows that both work ability and work motivation have a significant influence on the productivity of workers with disabilities at PT. Wangta Agung. Based on this, companies need to consider improving the work ability of their workforce and motivating them so that it has a positive impact on increasing productivity in order to achieve company goals.
Kepentingan Umum sebagai Pengecualian pada Tindak Pidana Pencemaran Nama Baik dalam Undang-Undang Informasi dan Transaksi Elektronik Daniela Sine, Elena; Parabandani, Hendra Wahanu
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.v6i1.1866

Abstract

The advancement of science and technology has led to the emergence of new societal frameworks, enabling the rise of new legal actions. Law Number 1 of 2024 on the Second Amendment to Law Number 11 of 2008 on Information and Electronic Transactions, was established as a response to the legal need for regulations governing actions in electronic media, particularly concerning defamation. The regulation of "public interest" as an exception to criminal acts warrants deeper examination to ensure justice, certainty, and the utility of law. This study employs a normative legal research methodology aimed at developing arguments, theories, and concepts to address legal issues. The approaches utilized include legislative, conceptual, and analytical methods. The findings indicate that determining the public interest aspect in defamation cases involves several evaluative criteria: intent, substance, and impact. This research aims to delineate the appropriate aspects and perspectives for assessing public interest, thereby promoting justice, certainty, and the utility of law.
Penerapan Pasal 303 KUHP Berbasis Digital Judi Online Jo UU No. 19 Tahun 2016 Perubahan Atas UU No. 11 Tahun 2008 Tentang ITE Astuti, Cindy Dwi; Heliany, Ina
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.v6i1.1892

Abstract

At present, online digital gambling is very common in Indonesia, this gambling not only involves adults but also teenagers, especially the younger generation. That the legal rules have been regulated in the Criminal Code related to online gambling, but in fact in the field law enforcement officers have difficulty and even seem to allow online gambling crimes. How is the Implementation of Article 303 of the Criminal Code related to the crime of digital-based online gambling and How is the regulation of Online Gambling Crimes reviewed from the Perspective of the Criminal Code and Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions. This study uses the Normative Juridical research method. The method applied in this study is a qualitative descriptive method. The results of the study show that the application of Article 303 of the Criminal Code to online digital-based gambling crimes is no longer relevant because Article 303 of the Criminal Code does not regulate the elements of information technology. In Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions, there are still weaknesses in its implementation. The government together with related institutions need to design more specific regulations to handle online digital-based gambling, which includes stricter law enforcement against all parties, including online gambling perpetrators. The need for legal reforms against online digital-based criminal crimes to special crimes so as not to damage the nation's generation and the nation's economy.
Bentuk Pertanggungjawaban Hukum Pihak yang Wanprestasi dalam Perjanjian Berdasarkan Kitab Undang-Undang Hukum Perdata Effendy, Yulius; Anggawira, Anggawira
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.v6i1.1902

Abstract

The negligence, in the form of a breach of contract by one party in a marble mining investment collaboration agreement in South Sulawesi, result in legal liabilities imposed on the negligent party. These liabilities include compensating for losses, paying interest, and continuing the contract as stipulated in the Indonesian civil code. Regarding the legal consequences arising from the breach of contract, the negligent party risks being subjected to civil lawsuits through litigation (in court) or non-litigation (outside court) processes. The lawsuits may demand negligent party to compensate for the losses suffered by the other party, pay any interest incurred due to breach, and fulfill the remaining terms of the investment collaboration agreement.
Analisis Hukum Terhadap Perlindungan Hak Mayarakat Adat Pubabu – Besipae Atas Tanah Ulayat dan Hutan Adat di Wilayah Nusa Tenggara Timur Praswandho, Efhardian; Prihadiati, RR. Lyia Aina
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.v6i2.1909

Abstract

The conflict between the Pubabu-Besipae Indigenous Community in East Nusa Tenggara and the provincial government reflects the complexity of the lack of recognition and protection of the Pubabu-Besipae Indigenous Community's rights to customary land and forest. Article 18B Paragraph (2) of the 1945 Constitution and various regulations have provided the legal basis for such recognition. However, implementation still faces obstacles, including the lack of government support for the recognition and protection of the Pubabu-Besipae Indigenous Peoples, including their rights related to customary land and forest. This research analyses the legal protections needed to ensure the Pubabu-Besipae indigenous community's right to recognition and protection as an indigenous community and to protect the right to customary land and customary forest to be managed by the Pubabu-Besipae indigenous community in a sustainable manner.
Dampak Wanprestasi pada Proses Perizinan: Perspektif Hukum dan Kebijakan dengan Tinjauan Pasal 1244 KUHPerdata Fortuna, Miranda Dewi; Hermawan, Muhammad Bayu
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.v6i2.1916

Abstract

This research aims to analyze the impact of default on the licensing process in the context of civil law in Indonesia, especially based on the provisions of Article 1244 of the Civil Code (KUHPerdata). Default, which refers to the failure of a party to fulfill the obligations agreed upon in the agreement, can have a significant impact on the smoothness and validity of the licensing process, both in the punlic and prvate sectors. This research uses a normative-analytical approach to explore how the article regulates the legal consequences arising from default as well as the extent to which these legal provisionis can influence the policy of granting permits by the relevant agencies. The research results show that default can lead to cancellation or delay in granting permits if interested parties do not fulfill the requirements of existing agreements, with far reaching impacts on the stability of oublic administration and the investment cimate. This research also identifies the need to improve licensing policies that take into account aspects of civil law in order to create a balance between legal interests and the need for sustainable development
Penerapan Teori Pemidanaan terhadap Pelaku Tindak Pidana Tanpa Hak atau Melawan Hukum Memiliki Narkotika Golongan I (Studi Kasus Putusan Pengadilan Negeri Jakarta Selatan Nomor 700/PID.SUS/2023/PN.JKT.SEL) Bata, Ezekiel; Cahyo, Cahyo
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.v6i2.1934

Abstract

Category I narcotics are regulated under Law Number 35 of 2009 concerning Narcotics. These substances have a high potential for addiction and pose serious health risks, which is why their use is strictly limited. This study examines the legal enforcement against individuals unlawfully possessing non-plant Category I narcotics weighing more than 5 grams, as well as the legal reasoning behind the Panel of Judges' decision in Case No. 700/Pid.Sus/2023/PN.Jkt.Sel.. The legal provisions applicable in such cases are found in Articles 112(2) and 114(2) of Law No. 35/2009. The penalties include the death penalty, life imprisonment, or imprisonment ranging from 6 to 20 years, along with fines from IDR 1 billion to IDR 10 billion. In this case, the judge concluded that all elements of Article 112(2) had been fulfilled, leading to the defendant being lawfully and convincingly proven guilty as charged in the second alternative indictment. Beyond the legal framework, the judge also considered aggravating and mitigating circumstances. The widespread abuse of narcotics is a complex issue that requires collaboration between the government, law enforcement, society, and families. Consistent preventive, repressive, and rehabilitative measures are key to reducing drug abuse. Education, rehabilitation, and strict law enforcement must go hand in hand to create a society free from the dangers of narcotics.

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