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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 133 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.

Page 14 of 14 | Total Record : 133

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